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HomeMy WebLinkAboutAgenda - 11-19-1985 • ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, NOVEMBER 19, 1985 7:30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. ECIALIPLCOMMENEE B. IMIUMICMMENEE 1. Matters on the Agenda 2. Matters not on the Agenda C. MIMES D. AMO= PAGE # E. MEZESialffl=a1MMACAMDE A Motion to approve various ordinances and motions (any item may be removed for separate consideration) 003 1. Mutual Aid Agreement—EMergency Medical Services 004 2. Mutual Aid Agreement—Sheriff's Department 005 3, Emergency Food and Shelter Allocation 010 4, Budget Amendment—Health 015 5. January 14, 1986 -- Joint Hearing on the Propose Joint Planning Land Use Plan 016 6. Lease Renewal Agreement, Carr Mill Mall Health Department Facilities 031 7. Roof Replacements Bids—New Courthouse 040 8. Merit Pay Decisions 041 9. Manager Performance Appraisal Frequency 042 10. Sanitation Site Lease 049 11. Budget Amenaent--Emergency Purchase of Metal Detector F. ZENSMUMMOR 056 12. Partial Width RAW - P. F. & Sue Md)onald Minor Subdivision 066 13. Partial Width RAW - E. Alton Cummings Minor Subdi- vision 075 14. Proposed Subdivision Regulations Text Amendments 083 15. Proposed Zoning Ordinance Text Amendments Submitted May 28, 1985 094 16. Proposed Zoning Ordinance Text Anemdhemts Submitted August 26, 1985 us 17. Planned Development Rezoning Extensions 117 18. Efland Sewer Pules and Regulations 132 19. Update: Water Supply and Usage in the Upper Eno River Basin G.• multammumas - Personnel Matter H. ADJOIURNMENT bk • ,a . ' . 001 • ORE COUNTY • BOXRD CF. ca...v.a.ssIoNs- Action. Ptrersla, . I s , /tea No.- ACEI07.4 AGelD.A. rrE4 ABSTRACf 14:Egf.LCG DATE November 19, 1985 . . • • . Evinfiemit.1- NaBUTES . • Dr.-pax-intent: Board 6f County Commissioners . I Public Hearing: Yes y 210 •. . - . . . • - • . . • i ---- Attacha...nt Cs): Irifonration. Oantactz Beverly A. Blythe -. . • MOIR SEPARATE COVER - • Phone Number: 732-8181, 968-4501, 227-0231 - . - • . . • ' -- PURPOSE: ' • To orrect and/or approve the mi-nutes as submitted for consideration: _ - - July 3, 1985 Continued Meeting • August 5, 1985 Regular Meeting . - . • August t 20, 1985 : Regular Meeting . . _ ._ . I - _ • September 3, 1985 Regular Meeting • • • September 17, 1985 Regular Meeting I _ September 30, 1985 Regular Meeting I October 15, 1985 • Regular Meeting • • l • . • November 4,.1985 Special Meeting . 1 1 . , NoVember it, 1985 Regular Meeting- . . ' . - 1 - NEED: Approval so the minutes may be entered into the official minute book in th Clerk's office. . - - • _ ; . . . I ; RECOMMENDATION: ! As the Board decides. • . , - 1 : , . • . • . i . - ' • • MAIZE COUNTY 002 I Eakin OF COMISSION.OS Action Ager.r.b. NoZACTION AGEMA ITEM ABSTRACT Item MEET= TATE WoveMber 19. 1985 Subject: APPOINTMENTS Derellarent: Board of County Commissioners .1 Public Hearing: yes y r.0 Attach-rant(s) Information Contact; Beverly A. Blythe UNDER SEPARATE COVER Phone Nurriber: -732-8181, 968-4501, 227-C231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced together with the indication of the status bf securing candidates for possible appointment consideration. B-6 BERT RAM MEDICAL CARE ADVISORY BOARD - 1 vacandy; 4 resumes have been submitted for consideration. B-11 - SOLID WASTE TASK FORCE - 1 additional resume has been received. ENO VOLUNTEER FIRE DEPARTMENT - 1 vacancy (Curtis Bane) - the resume:of Dorothy Bane is submitted for your consideration for appointment. ORANGE GROVE VOLUM= FETE DEPARTMENT - 1 vacancy (Nancy J. Martin) - a letter of recommendation is submitted. IMPACT: To maintain 100% membership on Commissioners' appointed Boards and Commissions. RECOMMENDATION: As the Board decides. • • • LittALV61 LAJUNTX--- BOARD OF COMMISSIONERS ACTION AGENDA At:1'10N AGEts1DA ITEM ABSTRACT ITEM NO. E MEETING DATE NOVEMBER 19, 1985 00t1 SUBJECT: MUTUAL AID AGREEMENT--EMERGENCY MEDICAL SERVICES DEPARTMENT: EMEGENCY PUBLIC HEARING: YES NO R SERVICES ATTACHMENT(S): INFORMATION CONTACT: BOBBY BAKER . ATTORNEY CO/EMENTS AND REVISED DRAFT PHONE NUMBERS: HILLSBOROUGH 732-8161 WILL BE PRESENTED AT THE MEETING CHAPEL HILL 929-81091 PURPOSE: For te Board to consider entering into a mutual aid agreement regarding Emergency Medical Services in the State of North Carolina. NEED: 1. To allow for response to calls which cannot be handled by a local provider. 2. To alloL a provider to respond to calls where there are questions about geographical lines or boundaries. 3. To aIloF for assistance during disasters in which widespread • injuries may occur and cannot be responded to by local providers. IMPACT: Impact would be minimal due to infrequent need for mutual aid calls. RECOMMENDATION(S) : Board approve and sign agreement. 042 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENUN ITEM ABSTRACT Item No. EP) Meeting Date: NOVEMBER 19, 1985 SUBJECT: LEASE A REEKENr FOR SANITARY SITE ON N. C. HIGHWAY 57 DEPAIUMENT: COUNTY MANAGER PUBLIC HEARING: Yes Alb ATrACEMENT(S): INFORMATION CONTACT: BILL LAWS X503 or mum, MCADOO X480 TELEPHONE NUMBER: LEASE AGREEMENr Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The purpose of this lease agreement is to relocate the site near the intersection of Highway 86 and 70 to a location one mile north on Highway 57. NEED: There are now located at the present site thirteen dumpsters. With the volume of garbage we should have eighteen to twenty containers at this site. There is no room on this site to place more than the thirteen. Secondly, the site presents a safety hazard from the traffic along Highway 86. When the sanitation truck is loading there is very little room for vehicles to come in with their garbage. This site is very conspicuous as well. The new site would provide a buffer on all sides, easy access and about one acre of land. We intend to make this a model site complete with fence and loading space. IMPACr: This lease if approved would be for a five year period. The size of the site would be one acre of land. We would pay the rath of $50.00 per month. This location is a good distance from an structure. RECOMMENDATBDN(S : TO Itoprove this lease agreement. PREPARED BY: GEOFFREY GLEDHILL, ATTORNEY norm TO: COUNTY MANAGER'S OFFICE NORTH CAROLINA • LEASE ORANGE COUNTY • This lease agreement entered into this 13th day of March , 1986 by and between William G. Freeland and wife, Annie D. Freeland, of HILT.SPOROUGH Orange County, North Carolina, hereinafter referred to as Lessor and Orange County, North Carolina, 106 Margaret Lane, Hillsborough, North Carolina 27278, hereinafter referred to as Lessee, WITNESSETH: Lessor hereby agrees to lease the property described below to Lessee upon the following terms and conditions: 1. The Property. The property herein leased is a tract nd parcel of land, together with all improvements located thereon, located in Hillsborough Township, Orange County, North Carolina and more particularly described as followsi 1 Beginning at an iron (control corner) in the West line of N.C. Highway 57 and a new corner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North 20 deg.1 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iron witness on bank) and South 20 deg. 00' 00" West 210 feet to an iron and South 70 deg. 00' 00" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to • plat and survey of Alexander T. Davison, R.L.S . , dated January 121 1986 and entitled, "Property of William G. and • Annie D. Freeland." 1 , - • This Is the same property conveyed to Lessor from by deed recorded at Book , Page of the Orange County Registry. 2. The Lease . The lease will commence April 1 , 1986 and terminate March 31 1991. Lessor or Lessee, however, may terminate this lease upon giving ninety (90) days written notice to the other. Lessee shall pay Lessor rent in the amount of Fifty Dollars ($50.00) per month for each and every month of the term of this lease, payable on or before the 1st of each month of the lease term. 3. Improvements and Maintenance. Lessee shall have the right to make any and all improvements, temporary or permanent, to the premises as deemed necessary and desirable by Lessee for its use of the premises. It is anticipated that Lessee will use the premises for solid waste "dumpsters." It is further intended that the premises will accommodate and be used for at least twenty-five (25) "dumpsters." Lessee agrees to fence the dumpster site and leave and provide a buffer strip of vegetation in its natural state of at least 8 feet in width along Highway 57. All improiements made to the premises shall be made at the expense of Lessee. All such improvements which are made to the premises which cannot be removed without damage to the premises shall become a part of the premises and upon the termination of this lease shall be the property of owner of the premises. Any additional ad valorem taxes resulting from 2 • any permanent improvements to the premises shall be the responsibility of the Lessee. From and after the time Lessee takes possession of the premises it shall be the responsibility of Lessee to maintain the premises in a neat, clean and orderly condition at all times. Roadways, parking areas, and other, public access ways shall be maintained by Lessee. Fences installed on the premises by Lessee shall also be maintained by Lessee. 4. Taxes. Lessor agrees to pay all taxes and assessments during the term of this lease, including but not limited to municipal, county and state taxes assessed against said premises which are incident to the ownership of said premises. 5. Insurance and Indemnity. Lessee shall, at Lessee' s expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of $300,000/$300,000 for personal injury or death and $100,000 for property damage. The Lessor shall be named as an additional insured in this policy. Lessee shall deliver said policy or a certificate of insurance to Lessor togethe with evidence of full payment of premiums. To the extent permitted by law and to the extent provide for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee' s use of the premises, or from the conduct of Lessee's business or from any activity, 3 work or things done, permitted or suffered by Lessee in or about the premises or elsewhere. 6. Notices. All notices to be given under this lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may. provide in writing from time to time. Any such notice shall be deemed to have been received five (5) days subsequent to mailing. 7• Parties. This lease shall be binding and shall inure to the benefit of the parties. and their heirs, successors and assigns. 8. Entire Agreement; Waiver. This lease, contains the entire agreement of the parties and there are not representations, inducements, or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and signed by the parties. Any provision of this lease found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of this lease. The waiver by Lessor or Lessee of any breach by the other of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach thereof. • 2,4/Jfekiv4.--/H. 714,,,,to.,-,P • WILLIAM G. FREELAND ./t ANNI D. FREE AND 4 • NORTH CAROLINA ORANGE COUNTY I, a Notary Public of said State and County do hereby certify that William G. Freeland and wife, Annie D. Freeland personally appeared before me this day and acknowldged the due execution of the foregoing Lease. Wit ess my hand and official seal, this the Ala: day of , 1986. ' • Ae,7 - , Notary Public , My commission expires: 4 ' ' / • ictudf.ew Wm..11-5-FR / I ,•••• ORANGE COUNTY By: # W.411144-0)1 Chairman, Orange County Board of Commissioners ATTEST: (Official Seal) Agr AOr Clerk to th;( loai.d of Commissioners NORTH CAROLINA ORANGE COUNTY This the AV/ day of A,././.1 , 1985, personally came before me 23„,",„ Rjoge. , who, being by me duly sworn, says that she now the common seal of Orange County and is acquainted with tiop, a-4/1/4,7,2 , who is Chairman of the Board of Commissioners of Orange County, and that she, the said Cierk , signed her name in attestation of the execution of said instrument in the presence of said Chairman of said Board of County Commissioners. 5 - • /241 Witness my hand and official seal, this the Aw - day of/AlAW , 1986. .0.041mum.,1„ Cl-e"1/40./.6 • N. ary Public ...A IA V4OI Rif (j) My commission expires: *x* 4• $6202-Ps-Ati/e. /90 s c) PUBL.I.C1 14.15;7` dr akM0.'s -4ftuirsisio° *Cancellation or termination clause which allows either party to get out of the lease within 90 days. • 6 • • Prepared by William T. Laws, Orange County Return to: Same NORTH CAROLINA ORANGE COUNTY Notice is hereby given that the parcel of land herein- K after described is of restricted development potential ' because the suitability of lot 1 for the installation of an on-site subsurface soil absorption sewage disposal facility has not been established by the Orange County Health Depart- ment, pursuant to section IV-B-2 of the Orange County Sub- division Regulations. The parcel of land is situated in Cedar Grove. Township, i Orange County, North Carolina and s more particularly ' described as follows: • Beginning at an iron (control corner) in the West line of • N.C. Highway 57 and a new corner of William G. and Annie D. Freeland; thence with the West line of N.C. Highway 57 North • 20 deg. 00' 00" East 210 feet to a nail; thence new lines with said Freelands North 70 deg. 00' 00" West 207.43 feet to a stake in Strowd's Creek (through an iron witness on bank) and . South 20 deg. 00' 00" West 210 .feet to an iron and South 70 deg. 00' 100" East 207.43 feet to the point and place of beginning, containing 1.00 acre, and being Lot 1 according to ' plat and Survey of Alexander T. Davison, R.L.S. , dated • January 12, 1986 and entitled, "Property of William G. and Annie D. Fr eland." - • Witnes my hand and seal this Y day of , 19 • k ' Q ✓� �,--r.'�- (SEAL) (SEAL) NORTH CAROLINA ORANGE COUNTY I, j�11440,4 , /yam , a Notary Public ft); sa'd Caunty ang Scat, do herby certify that /,(x/42,,. oe, ,arm ree`.. AL. I personally appeared before me this day and , acknowledged the due execution of the foregoing instrument. Witness my and and official seal, this the l /,,r. day of ��ra , 19 S74 Notary Public '` My commission expires. AlySo:raass;atiEzp;resII.6.93 s . • - : 4� r :; • 0 4 9 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. El I Meeting Date: NOVEMBER 19, 1985 SUBJECT: EMERGENCY PURCHASE OF METAL DETECTOR DEPAIMINT: PURCHASING PUBLIC HEARING: __Yes X No ATTACHMENT O: INFORMATION CONTACT: PAM JONES LETTERS PROM TplE HONORABLE F. X497 GORDON BATTLE,IDIETRICT ATTORNEY TELEPHONE NUMBER: CARL FOR, ORDER TO SEARCH FROM Hillsborough - 732-8181 THE HONORABLE EDWIN S. PRESTON, Chapel Hill - 968-4501 MD FMK SHERIFF PEITERGRASS, Mebane - 227-2031 PROPOSED BUDGET AMENDMENT Durham - 688-7331 PURPOSE: To 'consider the request of a budget amendment increasing appro- priations in the Clerk of Courts capital outlay account (1042074) by $3,225. Said funds to be transferred from the County Capital Projects Fund. NEED: As Per the attached letters and memos, the need has arisen once again to have a metal detector in the courtroom where certain sensitive trials are to be held. In the past we have been able to borrow a unit from Durham County. Our needs however, are becoming more frequent and the borrowed unit is currently in use in Durham County. Attempts to borrow units elsewhere have proven fruitless. IMPACT: The Purchasing Director conducted an informal bid search, located and purchased a metal detection unit from Sirchie Fingerprint Labs in Raleigh with a total purchase price of $3,225. Not : Due to the emergency nature of this purchase and the time restrictions placed on it, telephone bids were solicited in lieu of the standard written quotation. Either is acceptable although written bids would usually be sought for a purchase of thig dollar amount. REOOMMEMATION(S) : Approve the attached budget amendment for this emergency pur,ase. 05C 4.4.1b.ARIBta,‘ .INAHroe • g.rivrat eotytt of glatiaz I 15-B 2udiciat% ZLAtStet • r.GORDON BATTLE RESIDENT SUPERIOR CouRT JUDGE 7. I 02 NORTH OdurrreN STREET HILLSBOROUGH.NORTH CAROLINA 27278 October, 18, 1985 ORANGE AND CHATNAN COUNT1E:8 TEt.EPHONE No.19191732-93341 A • Honorable Lindy Pendergrass Shekiff of Orange County • Hillsborough, North Carolina 27278 • • • • Dear Sheriff Pendergrass: • This is to confirm our telephone conversation. I believe it would be very desirable for the County to go ahead and piirchase a portable search alert metal detector unit. I believe that there is going to be an increasing • need for this in the coming months and years ahead. It seems only reasonable that we golahead and purchase such a unit at this time • • With bSst wishes, I am Siono7e1 "oil( FGB:mhr F. Gordon Battle • • .• • .4=4 31_,\ 051 6,• ETat • , t. cOic. of • rux -1 C.L nr/2-.47). IL.)1Z.:CtitOriitti --j" i.,HA/HAM CtiUN■ Orr Cr O.Box 652 •in 179 EAST FRANKLIN STREEI FTITSBORO.N.C.. 27312 542.3177 P.O. BOX 11:9 HILLSBOROUGH OFFICE CHAPEL HILL NORTH CAROLINA 1O2N.CUToN$TRET E r14.3..5eonOuGH.N.C. 27278 732-9334 • • October 29 , 1985 Sheriff Alpert "Lindy" Pendergrass •)range County Sheriffs Department Margaret Lane Hillsboro uh, North Carolina 272728 r Dear Lindy: strongiv urge you to request funds from the orange County Commissione.rs for the purchase of a portable alecal detector tc be used during trials in Superior Court. is widely known that there have been 11 murders in Orange County in 1985 . The nature and brutality of many of these cases have resulted in charges of first degree murder. Four people have been tried and convicted of first degree murder this year Secause of the nature of these cases and the attention they have drawn, more and more people have been attending these trials. On one occasion, a defendant was threatened by an observer. On another cecasion, a citizen approached me during a trial and offered his testimony, which was fictitious, against the defendant. 1 On still another oobasion, there were outbursts in the courtroom following the taking of the verdicts. A recent case caused a stream of letters, some of which have suggested violence against the accused. • I anticipate that most, if not all, of the remaining cases will require ttials. We need to do everything possible to protect court personnel, observers and defendants. Acquiring a portable metal deteetor, which could be used to screen people entering the courtroom, 1 offers the least restrictive and intrusive method of assuring safety during these court proceedings . I stronglil, support your efforts to acquire a portable metal • detector for the Orange County Sheriffs Department . If I may be • • ° of further assistance to you in this matter , please do not hesitate tb contact me. 052 Sincerely, Carl R. Fox District Attorney • ,• • • • • • 052 STATE OF NORTH 'CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF ORANGE 8 5C11R,Set24.4-3 I;:78 5-CRS-38 9 7 0 2 7 0 0 5 - 15 20 • ._. •. • STATE OF NORTH CAROLINA ) VS. ORDER ALTON HARRIS, JR. , Defendant. ) i • TO THE SHERIFF OF ORANGE COUNTY: Tr* IT IS HEREBY ORDERED that the Sheriff's Department of Orange County search all persons entering the Superior Courtroom regardless of sex or age; including handbags, attache cases, etc. , during the sentencing hearing in the above entitled matter commencing Monday, October 14, 198 . Excluded from such search will be all court personnel and news media. This the /11 " day of October, 1985. I...AL-AMMO Edwin S. -reston, Superior Court Judge Presiding • - 054 REgl LINDY PENDERGRASS OCT 24 1985 Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 • Chapel Hill 942-6300 Residence Phone: 929-5535 TO: County Manager Ken Thompson FROM: Sheriff , DATE: Oct 22, 1985 RE: Purchase of Search Alert Metal Detector for superior courtreow.securtty. Due to the increased number of murder trials that are requiring extensive security measures, I am requesting we purchase a metal search detector for our superior court room. This purchase should be made right away due to the upcoming trials that are to start in two weeks. Our resident superior court judge, Judge Gordon Battle recommended the extensive • security measures. His letter of concurring recommendation is attached. During the trial of Alton Harris,, we were required to search each person going into the courtroom. In order to complete this task, we borrowed. Durham COunty'Sheriffl's' Department's searchldetector: We can't continue to borrow it because it is needed in their courtrooms • Please contact me so this purchase can be completed before the upcoming trial , it begins November 11, 1985. • Judge Preston's las- Order is also attached to give you insight as to how Orders are to be carried oit. • 1 05 ORANGE COUNTY PROPOSED 1985-86 BUDGET AND PROJECT ORDINANCE AMENDMENT BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND Appropriation: Clerk of Court $37,412 $ 3,225 $40,637 Source: Transfer from County Capital Projects 33,431 3,225 36,656 COUNTY CAPITAL PROJECTS FUND Appropriation: Transfer to General Fund 33,431 3,225 36,656 Source: Fund Balance Appropriated 18,845 3,225 22,070 To budget for emergeicy purchase a metal detector for the Clerk of Courts Office. Approved this 19 day of November, 1985. 004 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. .E.A. Meeting Date: NOVEMBER 19, 1985 SUBJECT: MUTUAL AID RESOLUTION--SHERIFF'S DEPARTMENT DIKPARTME2gT: SHERIFF PUBLIC HEARING: __Yes A_No ATTACHMENT(S) : INDORMATIONCONTACT: X536 LINDY PENDERGRASS ATTORNEY COMMENTS AND REVISED DRAFT WILL BE PRESENTED AT 'rue, TELEPHONE NUMBER: MEETING Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the Board of Commissioners to consider entering into a mutual aid agreement regarding law enforcement agencies in the State of North Carolina. 1. To allow for a response to calls which cannot be covered by the local provider. 2. To allow provider to respond to calls where questions of geographical and boundary lines are unclear. 3. To allow for assistnace during disasters in which law enforcement may be needed and cannot be provided by local law enforcement. IMPACT: There should be little impact due to infrequent occurance of mutual aid calls for law enforcement. R5O !DfIlON(S): TO adopt the Mutual Aid Agreement Resolution. '51! • - - A -eZ 14 - S RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statutes S160A-288 , S160A-288 .2 and §90-95.2 , the governing body of a city or county may 2 adopt appropriate guidelines for the purpose of mutual assistance with other municipal, county, and state law enforcement agencies; and WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers to work temporarily with officers of the requesting agencies, including in an undercover ca- pacity, and lending equipment and supplies; and WHEREAS, it is deemed to be in the best interests of the zens of OrangeiCounty to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, Ouch reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of Orange County; NOW, THEREFORE, HE IT RESOLVED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS THAT: 1 . The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal, county, or state law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The Sheriff is hereby authorized to permit officers of the Orange County Speriff's Department to work temporarily with officers of the requesting agency, including in an undercover capacity; and , the Sheriff may lend such equipment and supplies to requesting agencies as he deems advisable. 3 . All such requests and authorizations shall be in accor- dance with North Carolina General Statutes S160A-288 , S160A-288.2, and §90-95 .2 as applicable. 4 , while Working with a requesting agency, an officer shall j have the same jurisdiction, powers, rights, privileges and immu- nities ( including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses. V. - 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of his superior offi- cers in the requesting agency, but he shall for personnel and ad- ministrative purposes, remain under the control of his own agency, including for Purposes of pay. An officer shall furthermore be en- titled to worker's compensation and the same benefits to the extent as though he were functioning within the normal scope of his duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies. NORTE CAROLINA ORANGE COUNTY I hereby certify that the foregoing is a true and accurate copy of a resolution duly adopted by the Board of Commissioners of Orange County, North Carolina at a regular meeting held November 19, 1985 at the old Post Office, Chapel Hill, North Carolina. IN WITNESS WHEREOF, I have hereunto set my band and have caused the official corporate; seal of Orange County to be affixed, this the 20th day of November, 1985. -14.4177 ,r^ 41# Cie,/ CRANGE COUNTY 005 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 19, 1985 SUBJECT: EMERGENCY FOOD AND SHELTER FUNDS ALLOCNTION DEPARR4EINT: CCUNTY MANAGER PUBLIC HEARING: _Yes ..L$O ATIACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, X501 LOCAL BOARD PLAN TELEPHONE NUMBER: CERTIFICATION FORM Hillsborough - 732-8181 ROSTER Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider allocating funds under the Emergency Food and Shelter National Board Program. NEED: The Emergency Food and Shelter National Board Program has indi- catied the County has been selected to receive $4,808.00 to supplement local emergency food and shelter activities. It has been recommended that funds be divided equally among the agen- , cies previously participating in the program. The participating agencies are: JOCCA, Inter-faith Council for Social Services, Orange Congregation in Mission, Chapel Hill-Oareboro Red Cross, County Social Services Department. Each agency will receive $961.60. All funds will be expended in accordance with federal guidelines. IMPACT: Enhance local emergency food and shelter programs. RECOMMIDATION(S): Authorize Chair to sign all related documents and submission of same to the National Board. PUBLIC LAW 99 -88 ** LOCAL BOARD PLAN ** .Jurisdiction: Orange County, N.C. I.D. #: 4- 0605 -00 NAME Local Board Chair: Don Willhoit . C/0 STAFF: Albert Kittrell, Assistant County Manager ADDRESS: 106 East Margaret Lane Hillsborough, NC (zip) 27278 To be submitted 25 working days after notice of award-to the: EMERGENCY FOOD AND SUEL'lTER NATIONAL BOARD 300 North Washington Street Alexandria, Virginia 22314 -2530 Telephone: (703) 6.83 -1166 Photocopy additional copies if more than three•(3) Local Recipient Organ- izations will participate. DAY PHONE: Q19) 732 -8181 /STAFF: A. Kittrell Q Check here if you wish the Staff person to be the contact for administrative matters. NAME OF AGENCY /PAYEE A.FOOD B.SHELTER C.REHABILI- D. ENERGY E.ADMINIS- TATION ASSISTANCE TRATION TOTAL AWARD AMOUNT EXECUTIVE /RESPONSIBLE OFFICER Allocation Allocation Allocation Allocation Total Est. Organization Mailing Address I Admin, Cost A +B +C +D +E ( City /State, Zip} (limited to 1.251). * no. of Meals * no. of Nights * Est. no. meals served and/ Day Phone (area code) served lodging_ or no. ni hts lod in Judith Jennings, Chapel Hill - Carrboro Red Cross 105 West Main Street $961,.60 $961.60 Carrboro, NC 27510 218 Phone: (919) 942 -4862 meals served Thomas Ward, Director - --- Or'aflge "County Dept-. _ot Social Ser. 300 West .Tryon Street $961.60 $961.60 . Hillsborough, NC 27278 18 families to Phone: (919) 732 -3181 receive emergeno month *Estimate number of meals per grocery order or voucher if not served directly.. For example, a voucher for a grocery order to feed a family of 4 for 3 days would be estimated as 36 meals (4 people'x 3 meals each day m 36). For shelter, multiply the number of people in a family times the number of nights in the assistance period. (A family of 5 receiving one month only mortgage assistance would be 150 nights lodging (5 people x 30 nights a 150.) PUBLIC LAW 99 -88 EMERGENCY FOOD AND SHELTER NATIONAL nneRn PROGRAM ** LOCAL BOARD PLAN ** a C Jurisdiction: Orange County, N.C. I.D. #: 4- 0605 -60 NAME Local Board Chair: Don Willhoit C/0 STAFF: Albert Kittrell, Assistant County Manager ADDRESS: 106 East Margaret Lane Hillsborough. NC (zip) 27278 DAY PHONE:019) 732 -8181 /STAFF: A. Kittrell To be submitted 25 working days after notice of award to the: EMERGENCY FOOD AND SHEVrER - NATIONAL BOARD 300 North Washington Street Alexandria, Virginia 22314 -2530 Telephone: (703) 683 -1166 Photocopy additional copies if more than three (3) Local Recipient Organ- izations will participate. M Check here if you wish the Staff person to be the contact for administrative matters. NAME OF.AGENCY /PAYEE A.FOOD B.SHELTER C.REHABILI- D. ENERGY E.ADMINIS- TATION ASSISTANCE TRATION TOTAL AWARD AMOUNT EXECUTIVE /RESPONSIBLE OFFICER Allocation Allocation Allocation Allocation Total Est. Organization Mailing Address Admin. Cost A +B +C +D +E { City /State, Zip) Day Phone (area code) (limited to 1.25X). �t no. of Meals served * no. of Nights lod in * Est. no. meals served.and/ or no. ni hts lod in Gloria M. Williams Orange- Chatham Community Action Agency, P. 0. Box 27 Pittsboro, NC 27312 :. $961.60 $961.60 Phone: (919) 542 -4781 150 nights Chris Moran, Social Worker �n ems-- Vaith�ouncil far' Social ervfces 207 Wilson Street - $961.60 $961.60 1,500 Chapea_, Hiill, NC 27514 Phone: (919) 929 -6380 meals served Beth Stilwell; Orange Cbngregatio in Mission, P. O. Box 866 Hillsborough, NC 27278 Phone: (919) 732 -9494 $961.60 $961.60 Ifor-o'ne 15 ami es to reQ.ve emex c Etta lty assestan month e ,c,srimace numoer or meats per grocery order or•voucner It not serves directly, rfor example, a voucner ror a grocery order to feed a family of 4 for 3 days would be estimated as 36 meals (4 people- x 3 meals each day a 36). For shelter, multiply the number of people in a family times the number of nights in the assistance period. (A family of 5 receiving one month only mortgage assistance would be 150 nights lodging (5 people x 30 nights - 150.) 008 • PRASE!IV . • . LOCAL BOARD CERTIFICATION FORM . This certifies that the local-private or governmental organizations reflected on the attached plan, all meet the following criteria to receive funds for emergency food and shelter programs. o Ras the capability to provide emergency food and/or shelter services; • o Is nonprofit; o Ras an accounting system or fiscal agent approved by the Local Board; o Conducts an annual audit; • ' o Practices nondiscrimination; • o If private nonprofit, has a voluntary board; o Will provide required reports to the Local Board; . o .Will expend monies only on eligible costs; . o Will spend all funds and close out the program by July 31, 1986. • This also certifies that the Local Board agrees to the following roles and . responsibilities: 1. Elect L chair and consider adding additional board members to broaden com- munitylrepresentation. . •• 2. Advertise/promote program before considering all organizations providing or • capable of providing, emergency food and/or-'shelter assistance, not just . . those 'Irepresented on the Local Board. . . • 3. Determine which local private or public organizations should receive grants • and the amount -of grants. ' 4. 'Secur4 and retain signed form certifying Local Recipient Organization (LRO) eligibility. . . - • 5. Establish an appeals process and, if possible, involve individuals that are not apart of the dispute; hear and resolve appeals made by funded or non- funded organizations; and, investigate complaints. . 6. Return Local Board Certification Form with Local Board Plan and Board Roster . to National Board within 25 working days after receipt of award notice. • 7. Provide technical assistance to potential service providers. . 8. Coordinate local food distribution with state agencies which administer food, utility, and other federal assistance programs. ' . 9. Monitor expenditures of funds-and eligible cost compliance at the local level. Ensur� all funds are properly•spent before the July 31, 1986 deadline. • 10. Reallocate funds within a jurisdiction, as necessary, from food to shelter (or vice-versa) or from one recipient organization to another and notify • M; • the National Board in writing as promptly as possible. • 11. Submit reports to the National Board • on expenditures and local organiza- tion's programs by April 30, 1986 (for the period through March 31, 1986) • and September 30, 1986 (for the period through July 31, 1986). 12. Ensurd that any funds unspent by July 31, 1986 are promptly returned to r, the National Board. • 13. Retrieve and review for accuracy recipient organizations' reports, documen- tation, and necessary fund reimbursements in the event of expenditures . and forward to the National this award, . t the eligible costs under t i , violating a.ct 8 8 • Board • 14. Remain in operation until all program and audit requirements of the Nations . Board have been satisfied. . • Don Willhoit, Chair • Chair (Print Name) (Signature) Orange County, NC 4-0605-00 Civil Jurisdiction I.D. Date - . Names, addresses, telephone numbers and organizational affiliation of Local Board members must be indicated on the attached Local Board Roster. LOCAL BOARD ROSTER 009 PLEASE TYPE .CIVIL JURISDICTION ORANGE COUNTY, N.C. I.D. # 3-0691 - Organizational Affiliation CHAIR Don Willhoit • County Commissioner Street: 203 Lexington Road Day • City, State, ZIP Chapel Hill, N. C. 27514 . Te1.019 ) 962-5507 MEMBER Rev. William Richardson- • Bcd...agla.....(atallge.....CQ.) . . Street: 210 W. Union Street • Day • City, State, ZIP Hillsborough, N. C. 27278 Tel.(919 ) 712-4789 MEMBER Mrs. Doris Ray Street: • 501 N. Churton Street Day • City, State, ZIP Hillsborough, N. C. 27278 . Tel.(919)719-278, MEMBER Ms. Biruta Nielson . United Fund Chapel Hill/Carrbo.o UNC 208 South Building Street: Day City, State, ZIP Chapel Hill, N. C. 27514 Tel.(910962-3795 MEMBER Beth Stilwell Orange Congregations in Missio Street: P. O. 866 Day City, State, ZIP Hillsborough, N. C. 27278 • Tel.(919)732-9494 . • MEMBER Ms. Peggy Pollitzer • Inter-Faith Council Street: 207 Wilson Street Day City, State, ZIP Chapel Hill, N. C. 27514 Tel.(919) 929-6380 MEMBER Joe Brupnolotti Red Cross (Chapel Hill/Carrborot - Street: 105 W. Main Street Day City, State, ZIP Carrboro, N. C. 27510 Tel. (919) 942-4862 If more than seven members, please continue list on another page. -22- • 0 1 0 OE CCUMC• • ErARD OF CCMCCSSICNIMS 141Liam Agrwitia Item ACanak 111,24 AETITUCr Num= WCE". November 19, 1985 Subject: " BUDGET AMENDMHEALTH 1.4";la.1---ttent: Health Pb1i Hearinp yS x ra Attachmmuth(s) : Irizh-ornatign Ccertact: Jerry Robinson 1. Teen Pregnancy Program Expansion Statement 2. Family Planning Budget_ Amendment atme 11.3711:8r: • 732-8181, Ext. 311 3. Maternal Health Budget Amendment - Purpose: The Board of Health recommends acceptance of additional FY '85-'86 State grants as follows: Item Grant Title Amount Use Group 1 A. Aid-To-Counties $ 4,773 County General Fund B. Adult Health General 392 County General Fund C. MCH Genera/ 6,802 County General Fund D. Tuberculosis Control 950 County General Fund (Sub) $12,917 Group 2 E. MCH Delivery Fund (Sub) 12,766 Help low income maternal patients with medical bills. • Group 3 F. Family Planning Teen $19,991 $17,435 to County General Fund Pregnancy Prevention G. MCH Teen Pregnancy Care 15,029 $17,585 to enhance Teen Pregnancy . (Sub) $35,020 efforts • • (Total) $60,703 This recommendation results in $30,352 going into the County General Fund, $12,766 to patients to help them pay their maternity relatedl physician and hospitalization costs and $17,585 to enhance-teen pregnancy related efforts. • Need: Approximately 70 young, unmarried, teenage girls will become pregnant in 1985; for approximately 7 this will be the second or more pregnancy. The exact intervention method needs be determinsd. However, more family planning program effort needs be directed to teens and more maternity clinic care is needed especially for low in- come teens. Impact: To add a clearly identifiable, focused program of teenage pregnancy prevention and/or maternal care. The eventual object is to reduce the incidence of teenage pregnancy and provide earlier prenatal care as appropriate. Recommendation(s): Accept the Board of Health recommendation and amend the budget correspondingly. 011 Page 2 300 W.Tr moot eet �1 N.C.27278 moil at 305 Sw HEALTH DE y y5 01 Durham be 688-7333 688-7331 Carr MCI Md. Suds 225 100 N.Coro Street Carrbom.N.C. 27510 9424168 • Jetty Robinson, M.P.A. Director Teen Pregnancy Related Program Expansion - The State bud at supplement in MCH and Family Planning for FY '85-'86 will be used to focus preventive health services upon adolescents and teenagers who are at risk for pregnancy or. are pregnant. In Orange County a check of vital records data indicates that our target population for this effort are those females less than 17, with less than a high school education, who are unmarried. By tie end of FY '85-'86 we shall update and reanalyze the 1977 • through 1983 Orange County infant mortality study. As statistically valid trends and indicators are identified (other than those used to establish our present target groups) we will use this in planning future efforts. The • Family Planning and Maternal Health funds will be used in a coordinated way to add prevention ora.ented health professional applied time and maternal health clinical appointments to especially serve adolescents and teens. ti The Family Punning expansion will be used for health professionals whose responsibilities #ll be to implement an educational program among adolescents and teens such as Postponing Sexual Involvement. Through this approach we would have opportunity to implement appropriate, approved, educational, counseling, testing and referral services within the community or public school setting. There are several non-centrally administered, segmented, parenting, medical, and appropriate educational programs already existing within Orange Couty that we will attempt to focus upon the risk group in a more coordinated rer. . The Maternal pealth expansion funds will be used to enable us to add clinical appointments for the risk group, increase public health nurse school based nursing time focused upon the need, outreach, and home follow-up supportative services. Nursing time to focus on the target group will be provided by use oflschool health aide time to relieve nurses of routine school health duties. The funds will subsidize an expansion of the maternity clinic that is planned tb increase by approximately 10 appointments per week. The expansion appointments will be used to enable us to provide prenatal care earlier to a higher percentage of the target group. The desired effect of the two supplements is to add a clearly identified, • focused program of pregnancy prevention through improved pregnancy outcomes within the Health Department. The task and challenge is to focus resources in a coordinated manner. I i Page 3 300 W.Tryon suet 0 12 range county thlisbomuph,N.C. 27278 732-8181 732.9361 ext.305 Chapel Hill ine 9579251 HEALTH DEPARTMENT 968-4501 Mebane line n7-2632 Durham line 688-7333 8884= Carr MIA Mall, Suite 225 100 N. Greensboro Street Canton). N.C.27510 942-4168 Budget Amendment Jerry Robinson, M.P.A. Director Expansion of Family Planning Program Teen Pregnancy Prevention Secondary Level School Health Aide - Contract 7 months $ 4,900 Travel 200 miles/mo. x 20.5c/mile x 7 mos. plus registration fees $75 403 Telephone $175 istallation + $40.47/mo x 7 mos. 499 Postage 50 Motor Pool 100 mi es/mo. x $.14/mile x 7 mos. 112 Duplicating 100 Dues and Subscriptions 39 Office Supplies 100 Educational Suppli s (2 films plus printed materials) 1,000 Patient Transportation 100 Liability 172 $7,475 Comment: A. The additional school health aide will free our nurses to counsel students and implement 1 e educational curriculum. Even if we are not allowed to use continuation of these funds for such assistance next year, we will have made significant progress this year. B. We need more modern updated, relevant educational materials. C. The other costs are necessary to support the effort. ._ 013 Page 4 300 W.Tryon Street (0411, FrGsborough, N.C.21278 HEALTH' DEPARTMENT 181 732 732-$9361 ext.305 Chapel Hai tine 967-9251 Mebane 227-2032 > i 688-7333 688-7331 Carr MU Mat Suite 225 100 N. Greensboro Street Carton). N.C.27510 942-4168 Jerry Robinson,M.P.A. Budget Amendment t7+rectar Expansion of Maternal Health Program Teen Pregnancy Contract with Childbirth Educator to teach after hours classes $ 2,000 Overtime pay for clerks to complete conversion and computerization of Hillsborough Medical Records and to begin and finish that process in Carrboro 2,400 Travel 220 miles/no. x 2O.5C/mile x 7 mos. plus registration $35 430 Postage 50 Motor Pool 100 miles/mo. x $.14/mile x 7 mos. 112 Duplicating 100 Dues and Subscriptions 17 Other Supplies Nutritious foods for nutrition demonstrations 200 Office Supplies 300 Medical Supplies 1,147 Educational Suppli1 s 500 Liability 172 Office Equipment 1 one pedestal desks @ $357 357 2 executive chairs @ 180 360 2 file cabinets @ - 155 310 PC-20 Copier for Hillsborough Medical Records room 790 PC-20 Cartridge 55 Other Equipment Mats and Pillows for Maternal exercise classes 800 $10,110 Comment: A. Childbirth Educator - There are persons of expertise we can contract with to teach this after hours. The relationship of this to improved maternal health outcomes is clear. -OVER- Page 5 p1 Budget Amendment (Continued) B. In order to comprehend this you will have to accept my claim that our clerks are topped out' during the regular work day. Secondly, that properly organized, computerized records will result in more people being handled through the clinic. Lastly, that the plan calls for more high risk teen patients but not to sacrifice others. When our overtime pay use privilege waF withdrawn last fiscal year the Hillsborough office records conversion stopped, because of what I said above. We have made absolute zero progress on record conversion in Carrboro. C. Probably the desk, chairs and copier will be of interest. We do not have the furniture, we need it, and it relates directly to being able to work. The copier relates directly to running our maternity clinic. Copying records is ap integral part of the clinic operations. We now have to go flights up to Social Services or to the next building to stand in line at the large volume copier. It is not my intent to decrease volume on the main county copier. The PC-20 is too slow to be used for other than handling the medical record copy need. Our need is unusual in that we share the records with the OB/GYN department as they staff the clinic. We presently waste considerably more than the cost of the copier each quarter in staff time/cost going to Social Services or standing in line at the main copier. Last point; costs that are one time do not create a continuing dependency on the funds. D. The other costs appear clearly related to the effort. • • • O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 18, 1985 Action Agenda Item I EIS SUBJECT: JOINT PLANNING AREA PUBLIC HEARING DEPARTMENT: PLANNING PUBLIC HEARING:_Yes X No ATTACHMENTS: CONTACT: Marvin Collins TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 f3. PURPOSE: To reaffirm January 14, 1986 as the y public he ring date for the Joint Planning Area Land Use PL n . NEED: At its November 4, 1995 meeting, the Board of Commissioners considered a schedule of meetings related to the preparation and presentation of the Joint Planning Area Lend Use Plan. It was noted by Planning Board Chair Alice Gordon that the Chapel Hilt Planning Board had suggested the possibility of having another public meeting on January 14 rather than a public hearing . A public meeting would permit more public input prior to a formal hearing . The Board of Commissioners approved the schedule oflmeetings except for the January 14 date. Chair Willhoit indicated he would contact the Toan of Chapel Hill for clarification . IMPACT: On October 28, 1985, the Chapel Hill Town Council approved January 14, 1986 as the date for a public hearing on the Joint Planning Area Land Use Plan. The action was taken as part of Council 's adoption of a meeting schedule for the Y ear 1986. I x' Retaining January 14 as the public hearing date would insure no further delays in the presentation of the plan for public comment . RECOMMENDATION: Reaffirm January 14, 1986 as the public hearing data for the Joint Planning Area Land Use Plan . r. 1 • [ MEMORANDUM t To: Hoard of County Commissioners From: Alice Gordon MAC- , I Subject: Joint Planning Project Questionnaire Date: November 19, 1985 Attached is a summary of the responses to the questionnaires which I were retoreed at the end of the Joint Planning Project Public Forum an November 13, 1985. A total of 51 questionnaires were returned of which 43 were from the planning area. Those 43 were scored by Alice Ingram and Alice Gordon, andit is a summary of those 43 questionnaires which is attached_ Additional questionnaires returned later will be scored soon. In the summary you will find the following information far each possible answer to a question: the total number of people from the planning area who chose that response (on the line for the answer) plus the sub-totals for each of the three major categories of respondents in the following order: Chapel Hill (Town), CH: ETA (Chapel Hill's Extraterritorial Area),and JPA (the Joint planning Area which is outside the ETA but within the JPA boundary). The latter information will be found near the total, usually to one side. For example, in!questian number 2 about the rural buffer, 36 people from the 4 planning area thought that there should be a permanent rural buffer. Of those, Ili were from the Town of Chapel Hill, 6 were from Chapel Hill's ETA, and 12 ware from the Joint Planning Area. These sub-totals are helpful because they can show differing patterns of response from the different areas. For example, in question 19 about changes in residential land use, a majority thought that affected property owners should have a major voice in deciding changes. That opinion was'even stronger in the JPA as shown by the fact that every single person from the Joint Planning Area chose that response. Although I have not had time to study the results of the questionnaire, i can nevertheless say a few things about the responses at this point. It generally appears that the citizens from the planning area who responded agree on the 1 ' following issues. They generally believe there should be a permanent rural buffer around Chapel Hill, that environmental constraints should be used to restrict building in some cases, that there are problems with water resources and septic tank systems,and that they would protect potential reservoir sites in the same manner as existing reservoirs. They tend to believe that water and $ sewer extension should direct development, that there are problems with the road systemjin the area,and that neighborhood preservation is more important than transportation efficiency. They tend to agree that population projections show too much growth, that the maximum density for the lowest density • • residential areas should be i-2 units per acre, and that changes in residential land use should be made by a majority vote of the governing body but only after signatures of a majority of the affected property owners have been obtained. They also believe that once commercial areas are designated those commercial uses should be limited to those particular areas for 10-20 years. (These responses tend to indicate that these citizens wish to have a great deal of stability in the land use plan and zoning regulations.) They agree strongly that a system of recreational areas and parks should be designated in the area. They suggest a number of uses for the 1-40 interchanges, but the ones with the highest number of responses were commercial uses and office/institutional uses. Finally, the respondents were primarily homeowners who live in single family dwellings. 1 JOINT PLANNING PROJECT QUESTIONNAIRE Summary of Number of Questionnaires Returned on November 13, 1985 After Public Forum TOTAL NUMBER RETURNED 5 I Chapel Hill - Town 114 Chapel Hill - ETA 4 Joint Planning Area 1.3 TOT1AL CHAPEL HILL TOWN & ETA, JPA r 3 Carrboro (Town & ETA) Other • (Unclear response or out of area) TOTAL CARRBORO &OTHER Approximate number of people in attendance at the Forum was 150. • . • SCORING SHEET _ _ RESPONSS F t +: • II �=more than one alternative may be chosen NR,No response This scoring sheet simply reproduces the questionnaire with most comment items removed and with some!scoring information added in a different type or added by hand, JOINT PLANNING PROJECT QUESTIONNAIRE x i I Orange County Land Use Plan 1. Traasitiea Areas. "Transition areas"are areas on the lend use plan which are designated for change from rural to urban in the next 10 to Z0 years. Therefore urban dejrelopment standards will be adopted in these areas as part of the planning process. e joint 1 • li;: i rL' _ I , .L ..- rte' - I 1-s What changes(if any)should be made in the ktran s.lilat,l0n•areas i shmrn on the ►. 1 ><. 0 current Orange County Land Use Plan? I2- 2- :2, y.-3 _g H. Expand transition areas I Leave transition areas the same ILI - o 1-I- I _Li- hrink transition areas ,. ,Don't know NR 1- • L Change transition areas as fo -0.3 1-c Comments ( 1-b end 1-c combined) -a E xpand north Q t +a Z. aural!Il safer Z-a Should there be a permanent rural buffer or"greenbelt" (permanent area of open space and low density housing)around Chapel Hill? Yes .Don't know N N Z-b 1f gour answer-Is Yes in item 2-a above,at what density should the rural buffer be developed? 3 Iunit�acre .1 unit per 5 acres I9.Other .-o- -I1 -tom Y w-. 3. Heestiona Abut leer Residence lamina N F 3-a Do you live inside the city limits of Chapel Hill? 211. Yes No 3-b Do you live inside the city limits of Carrboro? ,—Yes No 3-6 Do yo+i live within the :tiate�Itorial planning jurisdiction of Chapel Hill? _--.Don't know 3-4 Do you live within the extraterritorial planning jurisdiction of Carrboro? Yes _No _Don't know 3-e Do You live within the Joint Planning Area(outside the extraterritorial jurisdictions of apel Hill and Carrboro but within the Joint Planning Area boundary) Yes N+ ,_Don't know 3-f If yrpu Uve within the Joint Planning Area,in what part do you live? `•f'lords Chapel Hill Transition Arpa —North Chapel Hill Rural Buffer __t_University Lake Watershed there Triangle __Don't know _Unclear'r esponseldon't know ��in arse - Scoring Sheet Page 2 Natural Environment 4. Environmental Constraints • 4-s Are there areas in the Joint Planning Area where you believe building should be restricted because of environmental constraints(land with slopes of greater than 15 percent,wetlands,or undesirable soils)? 19.5-B - 1-o-I 2.0 -3 -t -e -o- t az Yes _2—Neutral .5 No .3_Don't know 1 . N R 4-b If your answer is Yes in item 4-a above,please comment on(1)which areas should be restricted and(2)indicate how important such environmental constraints should be in determining location of development. i,2-1-`1 /0-g-4 .2-0 -0 a-0-1 0-0--1 .1 Quite important ...Neutral 1Jfot important Don't know _ N R S. Water Resources . 5-a Do you believe there are problems with the water resources in Chapel Hill and the surrounding Joint Planning Area? ,/- f • 17-5-1t o-I -0 6 •0-0 0- I p 3a. Yes L Neutral .A_No .Don't know —1--- IN R 6. Potential Reservoir Sites 6-a Should designated potential reservoir sites for future water supply be protected in the same manner as existing reservoirs? • 18-5-it 1-0- o H-1 a-0 •v a-o-t 3i Yes _jJ+leutral .3J+(o . Don't know .3 NR 7. Septic Tank Systems • 7-a Do you believe there are problems with the use of septic tank systems in the Joint Planning Area? 1SI-S•7 o-o-i fro-2 3 -I-I 3-0-t • 30 Yes .2. Neutral .-No ...Don't know .3-...- N R . Infrastructure and Public Services 8. Titter and Sever Extension Limitations S-a Do you think public water and sewer lines should be limited to the towns and transition areas? (that is,that the lines should net be extended Into areas designated rural buffer?)f3-3 .8 0-0.2- q-z•3 I-i-0 (-©-o _Yea lutral o _._.a__Don't know- .--L_—N R 9. Water and Sever Extension as a Planning Teel 9-a Should the extension of water and sever lines direct development(by allowing $t>>' lines only where development is desired) or should extension be responsive to development(by allowing lines to be Installed when requested for specific 'frr development projects)? i S.. 5 to o -0-3 - 34 Extension should direct development ._. ._Neutral _Extension should be responsive to development Z non't know I -a-0 I-o -V .__I__tlther a. • t�kR �y¢: • Scoring Sheet PO IL, Development is Wells sad Septic Teaks: Rural Buffer IS-s That type of development should occur in areas where public water and sewer service is'not expected to be available for at least 2fl years?Choose from list below. , � x_0 . 5 �.Alternative t: Allow development using wells and septic tanks, with approximately one acre minimum lot size(as is currently allowed) `' , $ -3 - 3 1_Alteraative 2: Allow development using wells and septic tanks. with two acre minimum lot size $ _3 -q ._Alternative 3: Otherpolicy(specify) 13i nit per35 eves 1 5 Other 2--2.-1 N 1-0 -- 1 _..�!)on't know yR I - © -° More then one alternative 111-b In el reas with poor soil for septic tank systems,two drainage fields could be required per lot(o-M primary field and one'back-up').Do you favor such a policy? 3-o-1 4.2-0 3-a_0 t-a'p Yes —____Neutral _.— No ._Don't know —1--NR 11. Development en Wells sad Septic Teaks: Transition Ares.. 11-a In some areas public water and sewer service is not now available,but is expected tol be available within 10 years. Should development in these areas be allowed using wells and septic tanks.with approximately one acre minimum lot size (as is currently allowed)? $ 9 1 -7-3-3. / -a--o 3.l-1 l l�k If it Yes '7 Neutral - 1 WO _Don't know — --N R ypu answered No in item 11-e,above,which alternative would you favor? f. 5' 1 ' I— —.Alternative l: Prohibit development using wells and septic tents and,allow development only when water and sewer service can be extended. If you choose this alternative,what types of land uses would you allow in these areas? - q-2 - I _ Alternative 2: Allow development using wells and septic tanks,with f two acre minimum lot size. rnative 3: Allow development using wells and septic tanks, f with one acre minimum lot size but require installation of"dug"water and sewer lines which can be connected when service is available. t + L 1 Alternative 4: Other policy(specify) I -0 0 `e then one alternative citosen- 12. Raul System 12-a Do ydu believe there are any problems with the road system in Chapel Hill and surrounding Joint Planning Area? .23-6 -iz 0-0-1 1-0-0 . Yas ____1__—Neutral I No _Don't know --.µR 4* 12-h If your answer is Yes in item 12-a above,please describe the problems using the following categories: Location of roads. l 7 II- 3 - 3. Size of rook 17 q- _ it - Amount of traffic r_ /0-3- R- - Other(specify)._j12 $_;_3_:_, ______, - , Scoring Sheet Pep 4 13. Neighborhood Preservation Versus Traaspertati'en Efficiency v 13-s When the objective of neighborhood preservation conflicts with the objective of transportation efficiency,which objective should prevail? ... , 1-0-0 f t li-,4. Preservation 3 Neutral Se Efficiency n't know ..-1—Other -- N R. '.. Sociological Characteristics /....6-o ,:. 14. klillati of lea-ltes'idential land Use 14-a In preparing a land use plan,should the amount of acreage designated for industrial,manufacturing,office,and commercial uses be in the SIM proportion to f residential uses as exists today? ? - _ 7-1-Z yes —S__Neutral _f_a_No _./..0_ on't know ---NR ., 13. Population Growth Limitation 13-4 Should there be attempts to limit that part of the populelion growth in Chapel Hill Township which is due to a migration of people into the area? 31-0 ..i#11-02-3 /-0 / 0 -0 - 1 a- Yes ___T_Neutral --AL-Don't know .--1----NR i '..› 0 13-b If your answer is Yes in item 1)-a above. how would you propose to limit growth? Choose the best method below. (List the numbers of other choices under item 13-c) ;., . Scoring Note De not score ranking. Score 1571144 1 S-c numbers under 15-b, !: 15 *1 Limit the expansion of the infrastructure(water,sewer,roads) ; 1 1 . 0-0-i 1 _I—*2 Discourage location of new business in the area Iri *3 Limit the number of new dwelling units approved for construction I a. *4 Indirectly control growth by requiring high design standards ,,i S.-0-2- • —7-81 5 Other(specify) 16. Popoiation Growth Rata Projections. The lowest population growth projections indicate a 1980 Chapel Hill Township population of 34,126 rising to 86,973 in the year 2000,thus giving 461 per cent increase in population.The comparable p... .,., figures for the Town of Chapel Hill indicate a 1980 population of 32,472 rising to 1 38,640 in the year 2000,thus giving an increase of 80 per cent, •,'„,,' 16-a Do these population projections indicate an acceptable population growth rate, Or is the growth rate too high or too low? ,.., 13-3-ci 7-a-3 1-0-0 i' ,„. 25 Too high 42..._Acceptable __/____Too low .3 Don't know a- ts1 IA, 's.,. ,.. , ,..., 17. Density in Residential Areas: Lowest Density Residential densities are usually divided into high,medium and low categories. r',..., . Scaring Scare 17-8 end 17-b es a Unit. 17-a That Is the maximum density you would favor in the lowest density residential LA areas? g-1-ci .. fr-1 -1- i S'-1 - 0 i-1-0 ZO l unit per acre _4_2 units per acre Ja..3 units per acre _2._.Den't know _.2._. N R- , 17-b it Dther density(specify) . ,--4, k',,, ,- , Sccrrng Shoat Pegg 5 1$. Density is Residential Areas: Highest Density 1$-a What is the maximum density you would favor in the highest density residential ate? 1 -.!, i .1:° _.. = 1 ;-a 18-, , : I f1-7 4-0 I 7-3-0 a.-o-3 a -o- 1 --Ili units per acre+ �l3 units per acre �2U units per acre �n't know ___ R 1a-h I! ._Artier density(specify) 19. Chaages in Residential Land Use 19-a Suppose an area is designated low density residential on the land use plan (and zoning atlas)gad suppose a developer wishes to insert a different use into the area, such as a high density residential or commercial use. Under what conditions should this change in residential land use be allowed? 1-a-© — L Alternative I: By a msiority vote of the planning board g-o- g Alternative 2: By s majority voce of the governing body 7- %-13 __ Alternative 3: By a majority vote of the governing body but only alter signatures of a majority of the affected property owners have been obtained. ("Affected owners"are owners of the property to be changed plus property owners within the surrounding area) i-0-0 2.-0- 0 Don't know JDo mot allow charge .JNone of the above N R } I - 0- 0 Mae ti,o,, one al--trn.4.ut ekag e.+ 19-c once an area is designated residential,should it remain residential for a long period of time? (Choose one alternative below) 4 3-o'f 1-1 -0 3 -3 - f r- .-5 Yes-)yrs ..Yes-10 yrs LYes-20 yrs ..Yes-never be changed 4-0-0 3.0-0 1-0-0 i-o-z -u-t -Neutral . No e" )on't know . Yes,20 yrs.or never be changed _ N R <r,.,4, ,,ffern..nilei en) Joint Planning Operating Principles 2D. Urban Feral. A policy of geographically constraining development results in a compact urban form where public services are extended over a smaller area. If development is not geographically constrained,it is likely to result in a larger development pattern. 2!-a Should development be geographically constrained to give a compact urban *-a_0 form? 1 9•y-6 1-I-1 ; j3-I-3 0-0- 3 _Yes Neutral �.x' J+1o _)on't know N R 21. Nis of Residential Uses. Residential communities can have relatively large areas of uniform use or a mixture of uses with relatively smaller areas for each. Scor lna Note SWre 21-o and 21-b as a unit. 21-s. What is your preference for the design of residential communities? ( - 3 - g 0 I I 1 '1 Large residential areas of uniform type and density(relative separation of low,medium,and high density uses and types) Mixture of low,medium,and high density and a mix of types -2- a- #3 Mi:lure or low.medium.and high density residential uses(end a mix of types)along with small scale commercial areas 1-0-/ 1 -- 0 -- 1' -- Don't know Z1-b Other(specify) -- N R I P 7 n - , Scoring Sheet Page 6 - 22. Licatiiea of Cemmercisl Lead Uses , i rlrwjIata 5are 22-a and 22-.b as a unit., 22-s Where should commercial land uses be located? . G -f - g #1-4.5__(1)larger commercial centers downtown and(2)along major 3 highways at designated intersections q - 2 - 2 #7 13 . (1)Larger commercial centers downtown and(2)along major highways at designated intersections,with(3)moderate size centers located in the outlying areas along major roads Li - z - 2 #3 g (1)Larger commercial centers downtown and(2)along major highways at designated intersections.(3)moderate sire centers located in the r: outlying areas along major roads,and(4)small centers located at intersections in most major neighborhoods 3 -0-I _ j _ © Nth n't know 22-b Other combination of uses and location(please specify) ,,' 23. Designation of Commercial Areas 23-s Should commercial areas be designated in Chapel Hill and the surrounding Joint Planning Area before the area is developed,and then limited to those areas for a certain planning period? '' Scorina Note Score 23-4 and 23-b as o unit, 1 1- 1-1 -7 #1 Commercial areas should be designated and commercial uses 4. limited to those areas for a planning period of to to 20 years 6 1 - I #Commercial areas should be designated and commercial uses Limited to those areas fora planning period of S years . *3 New commercial areas should be allowed when and where proposed , 4-0-1 C} - 1 n't K now R CY'. Z3-b _I_O her(specify)_ _ 24. Location of Industrial Land Uses Scaring Note Scare 24-a and_2.4-b as a unit 'zr 24-a Where should industrial land uses be located? 5 ) - S #1 I a- Larger industrial centers along major highways(at intersections) outside of the Joint Planning Ares 7 - )- - 3 #2 Or urger industrial centers along major highways(at intersections) outside of town but inside the Joint Planning Area. • '4-0 - I #3. 5 i arger industrial renters along major highways(at intersections) outside of town but Inside the Joint Planning Area.,with moderate size centers 1_0_2 located inside town along major roads j - N , ib T ' -f �1 n't Know Ii :. 24-b -S Other(specify) 3 -1 - 1 ,. ion • ti • r Scoring Sheet Page 7 ZS. il+tcee.tien Areas and Parts 25-a Should a system of recreational areas and parts be designated in Ch Hill and the surrounding Joint Planning Area before the area is developed? 1 ill Y4=F -� Z v es �Neutrai ,�+ —__Don't iv know _ Nix 0*25-b If answer Is Yes in item 25-a above, how should these lands be reserved? 7 government purchase through bond referendum i i- 2 - $ *21 1 By prohibiting development in certain areas S-o- i .9 Other policy(specify). 26. Land Uses at the 1-40 Cerrider Interchanges The 1-40 corridor will be an area in great demand for non-residential uses,especially at the interchanges. Jr* 26-a That should be the primary nature of land use at the 1-40 interchanges? Chock all the appropriate uses. 3-3-4 Open space '��density residential uses 2 -1-o Righ density residential uses remercial uses 11-3-8 2'Y.4 ' ` ice and institutional uses _2.D on't Know o-a- Z S-�-Z T olesale,commercial,manufacturin g,and industrial uses �-0 R z-v-o - Other uses(speci0)_s-o-o i 11 27. Lead Uses Hear the I-41 Corridor Ild Iaclndug Interchanges p* 27-s What should be the primary nature of land use in the 1-40 corridor, ad including the interchanges? Check all the appropriate uses. I I-3-y - I S Open space w density residential uses S `2-4 1 4-I "I . et High density residential uses omaercial uses 2 -3 -46 `i-a-5 ;i t Office and institutional uses —!Don't Know o-0-1 r-i Z !�Wholessle,commercial,manufacturing.and industrial uses S-!- -a -v pe ify). l - r Other uses(s c' N C ** 2$. Problems with Public Services and Community Facilities Are there:problems with the public services and facilities in your community? Check all that are applicable and specify the problem. • ZR--s Police protection: Problem_ ► I • 211-bFire protection:Problem____ 2 — 2$-e ° 'WASA service:Probk,, • -0 - Z 2$-d L..Recreation areas and parts: Problem /0 - 2 -..7 2$-e LOther problems(describe) o - O 9- ; -s' Nit H. Additional nal I apertant Issues 2P-a Are them any additional policy issues not covered above which you believe are important n formulating the Joint Planning Area Land Use Plana and the Land Use Plan for the Town of Chapel Hill? (See the Joint Planning Operating Principles on pages 61-64 of the Joint Planning Public Information Packet) , 7.2 Yes2 2- /--a- 3 /(1--1.- ��io n't know A h(R ' .4. ,..z. Sowing Sheet Peel 8 i 38. PLEASE ANSWER THE FOLLOWING ITEMS ABOUT YOURSELF _I INI R 30-ai In what township do you live? __q_l_Chapel Hill Township f. Bingham Towhship --Other(spec'ilY) 1-0-3 slef 314 Why did you move to this area? -__q_Born here _alt_4ob related j-o-3 q-0-j _a_Marriage 1.9__Education —a_Other(specify) 1-1 - Retirement r., 3O-e In What type of housing do you live.? 34,Single family house in subdivision 1 I-0-0 _Duples * Apartment ' i''.0...1 _J _Duple $ . .. —Mobile home Other(specify) / -1 -3 ,•i 2,2 -5-I z —St-Other single family r.' 30-d Do you own or 24. rent your home? .. 14-1-0 30-c Do you think your home is located in an IS urban, ØL suburban 1-1-5 or_lrural area? . or* 30-i 'Where do you work? 21 Chapel Hill A Carrboro _.-iii...—Other location in Orange County but outside Chapel Hill/Carrboro 3 -I - IP Research Triangle -....1..... Other(specil)1)-L............1.11.....M...."11.MM. _..174 Durham ___elk_Ratirea g 30-g How many miles do you travel one way to work? /o -3-5 *JP_ 0- 1 mile f 1.1,-5 miles 4 .5.1-II)miles 2-0-1 i-0- i , 0-0 - I if_ 3 10.1 - 15 mites _ 13.1-25 miles __L....2s miles t-0 1 Not applicable 3$-h Where do you regularly shop for the following? Groceries Clothing Furniture/appliances — Ranking Medical services i 2,-3-5 4v 3e-i Heir did you learn of this meeting? —t-Radio U_Newspaper ,„ -1-3 lid...11ailing _t_Friendirelative 2.-Other(specify) . = Name(OPTIONAL) oi O16 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. IN; Meeting Date: NOVEMBER 19, 1985 SUBJECT: LEASE RENEWAL AGREEMENT, CARR MILL HEALTH DEBARMENT FACILTTTR$ DEPARTMENT: PURCHASING -PUBLIC BEARING: Yes X NO 1 ATTACHMENT(S): INFORMATION CONTACT: PAM JONES X497 PROPOSED LEASE aura LANGUAGE TELEPHONE NUMBER: MODIFICATIONS FROM OCUNTY Hillsborough - 732-8181 ATTORNEY) 1 Chapel Hill - 968-4501 RENEWAL AGRENIENT Mebane - 033: 688-7331 PURPOSE: To consider renewal of three year lease for Health Department and Dental Clinic facilities at Carr Mill Mall in Chapel Hill. NEED: Action was postponed at a prior meeting pending the inclusion of a revised indemnity clause suggested by the County Attorney. Continued operation of the Health Department activities in the Southern portion of the County will be necessary in the foresee- ablle future. Although cost has risen to $9.75 per square foot, an Informal survey of rent in Chapel Hill has proven the cost in line with offices of comparable quality. The County does recleive a reduced rate as compared to the other tenants in the complex. IMPACT: The anticipated rent figures represent an increase of 17.8% over the present rent. As in the previous lease, an escalator clause allowing for anneal adjustment based on one half the increase in consumer price index is included. Utilities plus maintenance are included in the lease. RECOMMIMATION(S) : Renew lease with a new indemnity clause approved by the lessor andlCounty Attorney. 1 • LEASE NUMBER: ' 01 � 200088 - CARR MILL OFFICE COMPLEX LEASE NORTH CAROLINA ORANGE COUNTY THIS LEASE AGREEMENT made and entered into as of the 4th day of October , 19 85 , by and between J.W. FRENCH AND PATRICIA ANN FRENCH, d.b.a. CARR MILL, having its principal office in Charlotte, North Carolina, hereinafter referred to as the Lessor, and ORANGE COUNTY HEALTH SERVICES • hereinafter referred to as the Lessee, of Orange County W I T N E S S E T H : In consideration of the rents to be paid to the Lessor by the Lessee, as hereinafter provided, and of the covenants and agreements upon the part of the Lessor and the Lessee to be kept and performed, the Lessor hereby demises and leases to the Lessee, and the Lessee leases and takes from the Lessor the premises measuring 5580 square feet, as shown on the Floor Plan attached hereto as Exhibit A and by references made a part hereof, (herein called the Leased Premises) located on the 2nd floor of that cer- tain building known as Carr Mill Building (the BuilailiT7 which Building is situated at the corner of Weaver and Greensboro Streets in the City of Carrboro, Orange County, North Carolina on the property shown as Exhibit B attached hereto to be occupied and used as health service provider and for no other purposes; upon the terms and condi- tions herein set forth, together with the nonexclusive right to use all common areas of the building including but not limited to stairways, halls, elevators, restroom and parking facilities common areas. { * 1. Term of Lease: The term hereof shall commence on the 1st day of November , 19 85 , and shall end at 12:00 midnight on the 31st day of October ,:19 88 . Lessee shall have two options to extend the term for two years for each option, said options to run conse- cutively. Lessee shall exercise the first option by written notice to Lessor given within ninety days of the expiration of the term and the second • option by written notice to Lessor given within ninety days of the expire- tion of the first option term. aessor to have option to relocate Lessee into comparable space in event Lessee options to renew lease at expiration of the term.// 2. Rental. y„9 Lessee shall pay to Lessor the sum of fifty-four thousand four hundredk& 00/100 Dollars ($34,405.00 ) per annum (hereinafter • sometimes referred to as the "Annual Base Rent") payable in monthly install- ments of forty-five hundred thirty-three & 75/100 Dollars ($4,533.7 each due on the first day of each month, in advance, during the term of this Lease, except that payment for the first such monthly installment shall be made by Lessee to Lessor simultaneously with the execution of this Lease. (b) For each lease year :f the lease term commencing with the second _ease year. lessee anal. also lay :o :,essor as suditional tent along with the Annual 3ase Zenc a sum equal :o the aecrease, if any, in the our- chasing power • f the amount cr the Annual 3ase lent ;ince the commencement date of the Lease term. The amount of any such decrease, cue amouac of the • 018 additional rent aad the method of payment thereof shall be calculated and • determined in the manner set forth under the following paragraph. Cc) Within thirty C30) days after the publication and issuance thereof, the Lessor shall deliver to the Lessee a copy of the Consumer Price Index (hereinafter referred to as the "Index") for Atlanta, Georgia, for all items of the Bureau of Labor Statistics of the United States Department of Labor for the first month of the first lease year (hereinafter referred to as the "Base Month") and for the corresponding month in each lease year thereafter. If the Index for the first month of the second lease year and for each corresponding month in each lease year thereafter shows a decrease in the purchasing power of the amount of the Annual Base Rent as compared, in each such case, to the Index for the Base Month, the Lessor, as soon as possible after the delivery of each index subsequent to the Index for the Base Month, shall furnish the Lessee with its computation of the amount • equal to such decrease, if any, and this amount shall be the amount of the additional rent payable by the Lessee for the lease•year in question. Such additional rent shall be divided and paid in twelve (12) equal monthly in- stallments during each such lease year.. Pending the determination of the additional amount of rent, if any, to be paid by the Lessee; and when the additional amount of rent has been determined, the Lessee on the first day of the month immediately following the furnishing by the Lessor to the Lessee of the computation thereof, shall pay the Lessor the number of in- : stallments that shall have lapsed from the commencement of the lease year in question up to and including the first day of such month. (d) If at the time required for the determination of the addi- tional rent the Index is no longer published or issued, the parties shall use such other index as has been generally recognized and accepted for simi- lar determinations of purchasing power. If the parties are unable to agree on the selection of an index which would moat accurately carry out the in- tent hereof or if there is a dispute with respect to the computation of addi- tional rent as herein provided, then the issue with respect thereto shall be determined by an arbitrator appointed by the Carrboro, North Carolina Board of Realtors. (e) In no event shall the total annual rent due during any lease year hereunder be less than the Annual Base Rent provided hereinabove. (f) If any rent owing under this lease is collected by or through an attorney-at-law, Lessee agrees to pay Lessor as Attorney's fees an amount equal to twenty percent (202) of the amount so collected. 3. Utilities. Lessor shall supply electric current for the Lighting fixtures as installed in the leased area, corridors, toilets, and rest rooms and for electric typewriters, mimeograph machines, adding machines and•other similar electrically powered office machines requiring comparable amounts of electric power, and shall replace defective lights as needed; provided, how- ever, the Lessor shall not be responsible for any power failure. Lessor, shall furnish 'a reasonable amount of hot and cold running water to lavato- ries and toilets in or appurtenant to the Leased Premises and shall keep all plumbing in repair. It is specifically agreed that Lessor undertakes to furnish only a reasonable amount of electric current and water and that Lessor reserves the right to install meters and to make extra rental charges for any consumption of electric current or water which it deems to be 1 greater than normal, excessive or wasteful. 4. Heating and Air Conditioning. Lessor shall maintain and operate the heating and air conditioning systems for all parts of the building, ex- , cept storage space. The heating and air conditioning systems shall be opera- ted and maintained between :he hours of 3:00 A.N. and 5:00 P M. every lay except Saturday and 3unaas; however. if •a se of cue building .ay Lessee and Mar II 019 other lessees of the Lessor at other periods so indicates, Lessor shall in its discretion operate the heating and air conditioning systems during such other periods. Both heating and air conditioning systems shall be operated only when the Lessor, in its sole judgement, considers chat the weather requires it. 5. Elevators. Lessor shall furnish elevators to all floors of the Building during ordinary business hours and make a reasonable number of ele- vators available for such persons who may be permitted to enter the Building at other times. All elevators may at the Lessor's option be self-service. 6. Interruption of Services. The Lessor shall not be or become liable for damages to Lessee alleged to be caused or occasioned by or in any way connected with or the result of any interruption, defect or breakdown from any cause whatever in any of the services herein referred to in Paragraphs 3, 4, and 5 above. However, upon receipt of actual notice of any such inter- . ruption, defect or breakdown, Lessor will take such steps as it in its sole discretion deems reasonable to restore any such interrupted service or to • remedy any such defect. 7. Alterations. Any alterations, additions, improvements or parti- . tions, excepting those partitions to be furnished by Lessor, permitted here- in shall be made at the expense of the Lessee. The Lessee agrees that the Lessee will make no alterations, additions or improvements to the Leased Premises without the written consent of the Lessor, such consent not to be unreasonably withheld, and that all alterations, additions or improvements made by and for the Lessee, including but not limited to, any and all subdi- viding partitions, walls, special plumbing, electrical Fixtures or rail- : ings of whatever type, material or height, but excepting movable office fur- aiture put in at the expense of the Lessee, shall, when made, be the pro- perty of the Lessor and shall remain upon and be surrendered with the Leased premises as a part thereof at the expiration or earlier termination of this lease. The Lessor, however, reserves the right to require the Lessee to remove any paneling, decorations, partitions, walls, railings, floor cover- ings, booths, plumbing, electrical fixtures or office furniture installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten days after, the expira- tion or earlier termination of said term, in which event the Lessee, at the Lessee's sole cost and expense shall remove the property so specified on or before the date of expiration or earlier termination of this lease or a date five days after the giving of such notice, whichever shall be the later, and shall promptly reimburse the Lessor for the cost of restoring the premises to their original condition. $. Right of Entry. The Lessee agrees that the Lessor shall have the right to enter and to grant licenses to enter the Leased Premises at any time (a) to examine the Leased Premises, (b) to make alterations and repairs to the Leased Premises or to the Building (including the right, during the progress of such alterations or repairs, to keep and store within the Leased Premises all necessary materials, tools and equipment), (c) for any purpose which the Lessor may deem necessary for the.operation and maintenance of the Building, or (d) to exhibit the Leased Premises to applicants for hire or • prospective purchasers and that no such entry shall render the Lessor liable to any claim or cause of action for loss of or damage to the business or property of the Lessee, by reason thereof, nor in any manner affect the obli- gations and covenants of this lease. 9. Use and Occupancy. Lessee agrees that the Leased Premises will be used only for the purposes hereinbefore set out in this lease, that no unlaw- ful use of the Leased Premises will be made, that no sign, name, legend, notice or advertisement of any kind will be fixed, painted or displayed on any ?art of the luildiog, xcepc that the name and ..usiness or profession of :se 'Lessee may be painted with appropriate Lettering approved by the Lessor on the door nr doors to the space Leased by the Lessee; and upon the 020 termination of this lease, Lessee will vacate and surrender possession of the Leased Premises to the Lessor in a good condition as the Leased Premises were at the commencement of this lease, ordinary wear and tear excepted. 10. Insurance. Tenant's proportionate share of Landlord's cost of fire and extended coverage insurance, including rental loss insurance on the Center, shall be determined in the same manner as the additional rental pay- able for impositions. Such amount shall be payable yearly in advance within thirty (30) days after Landlord has rendered an invoice for the same to Tenant. Lessee shall, at Lessee's expense, obtain and keep in full force during the term of this lease a Comprehensive Public Liability policy with limits of $300,000/$300,000 for personal injury or death and $100,000 for property damage. The Lessor shall be named as an additional insured in this policy. Lessee shall deliver said policy or a certificate of insurance to Lessor together with evidence of full payment of premiums. Lessor shall provide full Comprehensive Public Liability insurance for all common areas of the Building. To the extent permitted by law and to the extent provided for in insurance contracts owned by Lessee, Lessee shall indemnify and hold harmless Lessor ' from and against any and all claims arising from Lessee's use of the premises, • or from the conduct of lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or about the premises or elsewhere. (Fire and Casualty Insurance). Lessor shall provide fire and ex- tended coverage insurance on the Building and the Leased Premises. Lessee shall provide at its own cost sprinkler, fire and extended coverage in- surance on its own property, furniture, fixtures and equipment, and on'all plate glass and other glass of the leased premises; and also on improvements • and betterments made by it to the leased premises to the insurable value thereof. Unless the parties hereto then agree otherwise, the proceeds cal- 1 leased upon all such policies of insurance shall be used to repair and/or replace the leased premises, improvements and betterments so damaged or de- . stroyed, and such repairs or replacements shall be prosecuted promptly by both Lessor and Lessee with such insurance funds; and in the event such funds are not adequate, then the deficiency shall be made up by Lessor as to the premises as leased and delivered to Lessee, and by the Lessee as to all improvements and betterments made by it to the leased premises, provided, however, nothing herein shall be construed to require Lessee to repair or replace the Leased Premises. In the event of the total destruction of the leased premises by fire or other casualty, this lease shall terminate as of the date of such destruction, unless Lessor and Lessee mutually agree to have the premises restored, during which restoration period Lessee shall be excused from Base Rental payment. In the event of partial destruction of the leased premises, render- ing them unsuitable for Lessee's business, the parties shall repair and re- . store the leased premises as quickly as practical and during such period of repair and restoration there shall be an abatement to Lessee of the Base Rent proportionate to the portion of the floor area of the leased premises rendered unsuitable for Lessee's business. • 11. Taxes. Tenant shall pay its proportionate share of all assessments or charges hereinafter sometimes called "impositions") paid or incurred by Landlord during each calendar year for public betterments or improvements, ad volorem taxes, real estate taxes, or any other tax or rents or real estate as such (other than income taxes thereon) from time to time directly or indirectly assessed or imposed upon the Center and/or the portion of the Land upon which it is situated, including all costs and fees paid or incur- red by Landlord in contesting, or in negotiating with the public authorities as to the amount of such assessments, charges or taxes or the basis upon •zhieh the same shalt be assessed. Tenant's proportionate share of said lmoo- s:t..ons ;ha:' he ::;mputes 37 multiplying :he =cal. sum ,c said _.moos_zions for :he applicable period by a fraction. :he lumerater of +hicii shall be he :umber of square feet iereinbefore stated _o he the approximate area of the 0.21 Premises and the denominator of which shall be the total square footage on the shopping center tract. 5580 102,587 5.439282 Tenant's proportionate share of aaid Impositions shall be paid, along with monthly installments of minimum rent, in advance in monthly in- stallments estimated by Landlord and subsequently adjusted, resulting from the actual Impositions exceeding (or falling short of) estimated payments. Tenant shall pay initial monthly installments for the calendar year during which the term hereof begins in the amount of twenty-six hundred seventy-eight o 40/10 • ($2,678,40 per annum) Dollars, the same being based on Land- . lord's estimate of such Impositions at the commencement of the term. Monthly installments for each subsequent calendar year shall thereafter be estimated by Landlord at the beginning of each such year on the basis of the actual Impositions for the preceding calendar year. Within sixty (60) days of receipt of all the bills for such Imposi- tions for each such calendar year, Landlord shall deliver to Tenant a state- • ment certifying the actual total amount thereof and the amount of Tenant's proportionate share thereof. Along with the installment of minimum rent next due following receipt of each such statement, Tenant shall pay to Land- lord such amounts as may be necessary to effect adjustment of the amount paid or payable for the certified calendar year to the actual amount of Tenant's proportionate share of such Impositions for such year. Landlord shall credit any excess payments made by Tenant against future installments to be paid by Tenant hereunder. If the term of this Lease shall begin or end on a date other than the first or last day of a calendar year, the first and/or final annual charges to Tenant with respect to the aforesaid Impositions shall be pro- rated on a daily basis on the basis of a three hundred and sixty-five (365) day calendar year. The foregoing provisions to the contrary notwithstanding, it is understood and agreed that any and all assessments or charges for public betterments or improvements ad volorem real estate taxes or other taxes on business or personal property or any other tax on real estate or business or personal property as such from time to time directly or indirectly assessed or imposed upon or with respect to any alterations, additions or improve- ments made to the premises by Tenant or under its direction or with respect to any property of Tenant therein shall be borne and paid entirely by Tenant and if any of said items or any portion thereof shall be paid by Landlord, Tenant shall reimburse Landlord for the same immediately upon receipt by Tenant of written demand therefore from Landlord. 12. Indemnity. The Lessee agrees to indemnify and save harmless the Lessor and the agents, servants and employees of the Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the • Leased Premises occasioned in whole or in part by any act or omission on the part of the Lessee or an employee (whether or not acting within the scope of employment), agent, visitor, assign or undertenant of the Lessee or by reason of any unlawful use of the Leased Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Leased Premises by the Lessee or anyone holding or claiming to hold through or under the Lessee. Lessee agrees to pay for all damage to the Building as well as all damages araising out of injury to or death of other lessees or occupants thereof, caused by Lessee's misuse or neglect of said Leased Premises, its apparatus or appurtenances. Lessor shall not be liable to Lessee for any damage by or from any act or negli- ;eace of any >i adjoining tonc guous property. lessor agrees :o indemnify end save harmless :he lessen and :he agents. servants and employees of the Lessee from and against any and aii claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to pro- perty occurring in the common areas of the Building. • • 022 • 13. Fire or Other Casualty. In the event the Building is which the Leased Premises located is destroyed by fire, unavoidable accident or casualty, this lease shall thereupon terminate. In the event the Building in which the Leased Premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in Lessor's opinion, the portion of said Building in which the Leased Pre- mises are specifically located cannot be repaired within ninety (90) days to its approximate condition existing immediately preceding such fire, unavoid- able accident or casualty, this lease shall thereupon terminate. In the event the portion of the Building in which the Leased Pre- mises are specifically located damaged by fire, unavoidable accident, or casualty and the same can be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, the parties hereto agree that said Leased Premises shall be repaired and restored by Lessor to the approximate condition of said Leased Premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect; provided, however, that the rent during the period of repair • shall be reduced to an amount which, in Lessor's opinion, bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided for herein as the portion of the Leased Premises then available for use bears to the en- tire Leased Premises. Upon completion of such repairs the rent shall • thereafter be paid as provided in the paragraph above designated RENT. 14. Default. In the event the Lessee shall fail to pay any rent when due in accordance with the terms of this lease and such default shall con- • tine for a period of ten (10) days after written notice delivered to Lessee at the Leased Premises of such default, the Lessor, without prejudice to any other rights or remedies that it may have, shall have the right, immediately or at any time thereafter, to re-enter the Leased Premises and remove all persons and property from the Leased Premises. In the event the Lessee shall neglect to keep or perform any ocher covenant, agreement or condition of this lease or shall fail to conform to any of the building rules and regu- lations now in force or hereafter adopted by the Lessor, the Lessor shall • give written notice of such default to the Lessee; and in the event that such default is not rectified within ten (10) days from the date of such notice, then the Lessor shall have the right to enter the Leased Premises immediately or at any time thereafter and remove the Lessee therefrom with- out prejudice to any other remedies of the Lessor. In the event of any such re-entry, the Lessee hereby waives all claims for damages which may be caused by the re-entry of the Lessor and will save the Lessor harmless from any loss, cost or damages occasioned by Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. Should the Lessor elect to re-enter the Leased Premises as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this lease or it may, from time to.time, without terminating this lease, re-let the premises or any part thereof on Lessee's account for such time or times and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises, and the Lessee shall pay the amount of rent due under this lease to the dace of the beginning of payment of rent pursuant to any such re-letting, together with the cost of such re-letting including the cost of any alterations and repairs to the Leased Premises, and Lessee will thereafter pay monthly during the remainder of the term of this lease the difference, if any, between the rent collected from such re-letting and the rent reserved in this lease if such rent collected is less than that reserved in the lease. No such re-entry or taking posses- sion of the Leased Premises by the Lessor shall be c onstrued as an election ics part to terminate :has _ease .sniess a rri,_en -notice of such inten- tion be given :o the Lessee. locwichstandiag any such ra-letting without termination. the Lessor may. at any time after the ,ccurrence tE any default -1- 02t- sec out in this Paragraph No. 14 elect to terminate this lease and may termi- nate it by giving written notice to that effect to the Lessee. If the Lessor shall at any time terminate this lease on account of any default set out in this paragraph, in addition to other remedies it may have, it may recover from the Lessee all damages that it may suffer by rea- son of the termination of the lease, including, but not limited to, the cost of recovering possession of the Leased Premises, and the excess, if any, of the amount of rent and other amounts to be paid by the Lessee under the terms of the lease for the remainder of the stated term, over the then rea- • sonable rental value of the premises for the remainder of the stated term. • In addition to the foregoing, if after a default by Lessee an attorney is employed to enforce the monetary obligations evidenced by this • Agreement or to assist the Lessor in connection with its exercise of any right, power, privilege or remedy referred to herein, Lessee agrees to pay promptly all costa incurred by Lessor with respect to collection of enforce- ment including reasonable attorney's ,fees and court costa. • The Lessee acknowledges that all accounts are due and payable as required in the lease and a finance charge of 1 1/2Z per month, which is an • annual percentage rate of 18Z will be charged by Lessor on all past due • accounts. • • 15. Constructive Default. (1) If, before or during the term of this • lease, the Lessee shall be adjudged as bankrupt, or if any proceeding under • the federal bankruptcy laws shall be filed by or against the Lessee, then such occurrence shall be deemed a breach of this lease and, upon the happen- • ing of such event, this lease, IPSO FACTO. shall terminate, and the Lessee shall be liable for all damages sustained by the Lessor as provided by law, (2) If before or during the term of this lease or any renewal thereof (a) the Lessee shall make an assignment for the benefit of creditors or (b) a receiver shall be appointed for the property of the Lessee by order of a court of competent jurisdiction by reason of the insolvency or alleged insolvency or otherwise of the Lessee, or (c) any department of the state or federal government, or any officer thereof authorized by order of court shall take possession of the business property of the Lessee by reason of the insolvency or alleged insolvency of the Lessee, or .(d) should execution issue on any judgement and be levied against Lessee's interests in said Leased Premises under this lease, then, upon the happening of any one or more of such event, at the option of the Lessor, this lease may be termi- nated by the Lessor by written notice to that effect to the Lessee, and the • Lessor shall, in addition to any other remedies provided by law in case of default by the Lessee, be entitled to the damages set out in the last sen- tence of Paragraph 14 above. • 16. Assignment and Subletti_g. Lessee shall not sell, assign, pledge or hypothecate this lease, or sublet the Leased Premises or any part thereof without the prior written consent of Lessor, which consent shall not be.un- reasonably withheld. Consent by Lessor to one assignment or subletting shall not destroy or operate as a waiver of the prohibitions contained in this paragraph as to future assignments or subleases and all such later assignments or subleases shall be made only with Lessor's proper written consent. In the event any assignment of the lease or subletting of the Leased Premises is consented to by the Lessor, Lessee shall remain liable to • Lessor for payment of all rent herein provided for and for the faithful per- , formance of all the covenants and conditions of this lease by any assignee or sublessees to the same extent as if the lease had not been assigned or the Leased Premises sublet. If this lease shall be or premises assigned o the re ' sea sublet by Lessee at a rental that exceeds all rental to be paid to Lessor hereunder, then and is such event any nuts :xcess 3hal: ,)e Paid over to Lessor by Lessee. • 024 17. Condemnation_ In the event the whole or any part of the Building shall be taken by eminent domain or in any manner for public use, the Lessor may at its option terminate to such Lessee and upon the giving of such writ- ten notice by Lessor the estate hereby granted and all rights hereunder shall expire as of the earlier of the date when title to or the right to possession of the Building or a part thereof shall vest in or be by public • authority as aforesaid and any rent paid for any period beyond said date shall be repaid to Lessee. Lessee shall not be entitled to any part of any award or payment which may be paid to Lessor or made for Lessor's benefit in connection with such public use, and Lessee shall have no claim or rights as against Lessor for the value or any unexpired term of this lease. It is provided, however, that the widening of streets abutting the land on which • the Building stands shall not affect this lease, provided that no part of the Building is so taken and provided that no part of the parking lot is taken which would render the remaining parking area insufficient for zoning purposes. 18. Subordination. Lessee agrees that this lease is and shall remain subject and subordinate to and may be assigned as security for any present and all future ground leases or underlying leases of the Building or of the • real property upon which the Building is located and to and for all mart- . gages or deeds of trust which may now or hereafter affect such leases or the Building or the real property upon which the Building is located and to and for all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument shall be necessary to effect such subordination, however, Lessee shall exe- cute promptly and deliver to Lessor any such certificate.or certificates in writing as Lessor may request evidencing the subordination of this lease to or the assignment of this lease as additional security for such ground lease, underlying lease, mortgage or deed of trust and Lessee hereby consti- 1 tutes and appoints Lessor as Lessee's attorney-in-fact coupled with an in- terest to execute any such certificate, certificates or assignment on Lessee's behalf in default of such execution by Lessee. In the event the , Building or the real property upon which the Building is located or a lease- hold interest in the Building or the real property upon which the Building } is located is sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale contained in any mortgage or deed of trust, the Lessee agrees to execute an attoroment agreement with such pur- chaser not in conflict herewith at the request of such purchaser. • • 19. Notices. Any notice or demand which by any provision of this agree- ment is required or allowed to be given by either party to the other shall ? be deemed to have been sufficiently given for all purposes when made in writing and sent in the United States mail as certified or registered mail, postage prepaid and addressed (a) if to Lessee, to the suite number of the Leased Premises at the Building and (b) if to Lessor, Co the office of the Building Manager at the Building or to such ocher place as Lessor may from time to time designate in a notice to Lessee. Lessee hereby appoints as its agent for service or process in all dispossessory distraint and summary ejectment proceedings which may be brought against it by Lessor, any person • occupying the Leased Premises, provided that if no person is occupying the Leased Premises, then Lessee agrees that such service may be made by attach- ment thereof to the main entrance to the Leased Premises. • 20. Building Bules and Regulations. The Lessee has read the rules and regulations hereto at cached and made a part hereof and hereby agrees to abide by and conform to the same and to such further rules and regulations as the Lessor may from time to time make or adopt for the care, protection and benefit of the Building or the general comfort and welfare of its occu- pants. The Lessee further agrees that the Lessor shall have the right to waive any or all of such rules in the case of any one or more lessees in the Building without affecting the Lessee's sbligacions under this tease and said rules and ceTalacions, provided that any wai•:er shall not impair Lessee's quiet enjoyment of the Leased Premises, and :nac the Lessor shall ii 025 • not be responsible for the non-conformance by any other lessee to any of said rules or regulations. 21. Security and Janitorial Services. The Lessor will provide reason- able janitorial services as more particularly described in the Building Rules and Regulations; provided, however, the Lessor's sole responsibility for and duty in respect of any such janitorial services shall be that of the exercise of due care in the selection of any persons or firms which may be engaged by Lessor for the purpose of actually rendering such janitorial ser- vices. Lessor will provide adequate security for the Building. • 22. Quiet Enjoyment. The Lessor-agrees that the Lessee on paying the stipulated rental and keeping and performing the agreement and covenants • herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject, however, to the terms of this lease. 23. Waiver. The waiver by Lessor of any breach of any covenant or agreement herein contained shall not be deemed to be a waiver of such cove- . nant or agreement or any subsequent breach of the same or any othercovenant or agreement herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by • Lessee of any covenant or agreement of this lease other than the failure of the Lessee to pay the particular rental so accepted, reagrdless of lessor's knowledge of such preceding breach at the time of acceptance of such rent. • 24. Possession After Termination. If Lessee shall fail to vacate and surrender the possession of the Leased Premises at the termination of this lease, whether by expiration of the term hereof, default or any other basis, the Lessor shall, in addition to any and all other rights provided herein and provided by law and without waiving any such rights or extending the term of this lease, be entitled to recover from the Lessee as liquidated damages an amount equal to two times the amount of rental Lessee would have paid for a period prior to termination equal in time to the period from the termination of this lease until the date said premises are vacated and sur- rendered. 25. Delay in Delivery. In the event said Leased.Premises, for any cause whatever, are not delivered to the Lessee or to the Lessee's agent for the purpose of performing Lessee's improvements thereto at the commencement of term hereof, the rental shall abate until said premises are made avaiable to Lessee, but the term hereof shall nor be extended by reason of such delay. The rental payable for any fractional part of a month shall be prorated. In the event the Leased Premises are not delivered within thirty (30) days • after the date fixed for the commencement of the term hereof, Lessee shall • have the right to terminate this lease upon written notice to that effect to the Lessor at any time thereafter but prior to the time said premises are • made available to Lessee, but in no event shall Lessor be liable to Lessee for any damages allegedly resulting from any such delay or otherwise. 26. Integration Clause. Any stipulations, representations, promises or • agreements,'oral or written, made prior to or contemporaneously with this agreement shall have no legal or equitable consequences, and the only agree- ment made and binding on the parties is contained herein and it is the com- • plete and total integration of the intent and understanding of Lessor and Lessee. 27. Lessee has deposited with Lessor the sum of 0 as security for the performance by Lessee of the terms of this lease. Lessor may use any part of the security to satisfy any default of Lessee and a ny expenses arising from such default, including but not limited to an y damages or rent deficiency before or after re-entry by Lessor. Lessee shall, upon demand, deposit with Lessor the full amount so used, in order • • the Lessor shall have the Gull security deposit ';and at all times during the term of this lease. In the event cf s sale cr lease ef the building • containing the premises, Lessor may transfer the security to the purchaser - • 026 or Lessee and Lessor shall thereupon be released from all liability for the • return of the security. This provision shall apply to every transfer or assignment of the security to a new Lessor. Lessee shall have no legal power to assign or encumber the security herein described. 28. Exculpation. At the commencement of this Lease, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and buildings comprising the .$b4upjng_centpr of which the demised premises • are a part, for collection of any judgement (or other judicial process), requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants and condi- tions of this Lease to be observed and/or performed by Landlord. No other property or assets of Landlord shall be subject to levy, execution, or other procedure for the satisfaction of Tenant's remedies, and there shall be absolutely no personal liability on the part of any individual members of Landlord or its successors, whether general partners, limited partners or otherwise. SEE EXHIBIT F IN WITNESS WHEREOF, the parties have caused this document to be executed this the day and year first above written. LANDLORD • CARR MILL J.W. French • By_ Patricia Ann French I � ATTEST: TENANT — °- — - -----°—— --___._.___—. —__ *NOTE: If Lessee is a corporation, Lease must be signed by an authorized officer of the corporation and attested by a secretary or assistant secretary of the corporation who must affix the corporate seal. • • TE; :7f.i. ' .., . e'''', .■•••• .-.- . . 02, .. • - . _ r . . EXHIBIT A ,,, 1 • •--., • • 4. • A '4• !...,:... -............--,,,, •-- -1.• r i .-.-. il.,11,:t..I ! . v" ---..s-r, I rf I 1 1 . I . , • if il ,. • • : 1 1.1 I , , ::,.. . .• ; i ■ 1 - • 1 1 I • . . ..'.• -'' • ft • t.--4 I, I "..!V f i 17- , ;',., • • , , Immem....1 •• ....I -', ‘ . "/•V i : I . ..C•N f I 1;4 T : .. fir . I . k'.. h -••A " 1 ■ I ti . ill ft. II i . ! • 1 1 • _ , I • - I. ••• (.—."..: • r"---i •1- ii , i • I ' 4-•• ••^ • .• 1 ■ 7 'i' ' •-• , ,j • i . . • -,4 4.' ..; •• s I , ' ,,.T. ■ '-"i • i 47..-`' '1, i . • -• 17- ; • . I f (sa-I ; - k i . i • 1 . 4 . t- " * • .-4. 44-'• •.:r l• i 1 ; ' 4 1 44 4 • .•-; '• • , . RI . t L...:"" 1 'I . •. ` :•• " ri i r---- . a . 1 ir4 • . X .. 1 e. we I V . , • . . -.U.'....Mur;r. z2..••• ••"-'N'• ." ..' *, .... ■ i • ' . i :... ',. ,.. • • I • • OF I! • • Ili . • • --•-- 14 Tr • Ir ... I 1 ' 1 . XiILLEZ/STERVER/FINUI •/0.•rEctizE•c:444.....rr Puum•mc•=sal awa..cm.4CATM 119CLIPIA • .44=4:1•Ca Carr Mill • s.hoppir4 iage i . ... . . . • . _ . .. . . . . • pm... . • - 028 EXHIBIT C CARR HILL RETAIL MALL Carrboro, North Carolina Rules and Regulations 1. The sidewalks, entrances, hallways, elevators and stairways shall not be obstructed by any Lessee or used by him for any other purpose other than for ingress and egress. 2. A Directory in a conspicuous place, with the names of the Lessees, will be provided by the Lessor. 3. No littering or trash disposal will be permitted anywhere in the Carr Mill Mall premises other than in areas designated by Management for trash disposal. 4. No additional locks shall be placed upon any doors without written consent of the Lessor, nor shall any duplicate keys be made or obtained other than by or through Lessor. 5. Toilet rooms and other water apparatus shall not be used for any pur- pose other than those for which they were constructed. 6. Lessee shall not make improper noises or disturbances of any kind, • sing, play or operate musical instruments, radio or television sets or any machine or device is such fashion as may be deemed by Lessor to interfere with other occupants of the building. 7. The installation of window shades, awnings, venetian blinds, draperies and curtains may be installed subject to Lessor's approval of method of installation including handing hardware and of color and texture of any such window coverings. 8. Lessee or their employees shall not: ' = a. Keep animals or birds on the premises. b. Allow bicycles or similar vehicles in the building. c. Throw anything through windows or down stairways. d. Leave premises unoccupied without locking all d6or9 extinguishing lights and turning off water outlets. e. Install or operate vending machines of any kind without consent of Lessor. • f. Use premises for lodging rooms, gambling or any immoral purpose. g. Open windows while the air-conditioning system is operating. h. Keep kerosene, burning fluid and other highly inflammable material on the premises without Lessor's consent. i. Make adjustments to heating and air-conditioning controls, plumbing apparatus, electrical fixtures and equipment, windows and doors. (Notify Lessor if adjustments are required or desired.) j. Install any anchorage, supporting or bracing devices into floor, walls, partitions or ceilings. (Notify Lessor if any such devices are desired.) 9. The Lessor shall not be liable for any damages due to stoppages or mal- function of any sort of the elevators, heat and air-conditioning sys- tems, plumbing fixtures and the electrical power and lighting system. 10. The Lessor reserves the right to make such other and further reasonable rules and regulations as in its judgement it may from time to time deem necessary for the Safety, care and _leani ness ai the premixes, and for the preservation of good order therein. I1. The Lessor reserves the right to designate the time when and method by which freight. furniture. safes. goods. merchandise and other arti- :Les say be braugat iaco or taken from tae building and tae :.eased 025 Premises. Repairs, painting, material moving and other similar work that may be done to the Leased Premises by or for Lessee shall be per- formed by any workmen employed, designated or approved by the Lessor. 12. The Lessor reserves the right at all times to exclude bootblacks, news- a boys (Loiterers), vendors. solicitors and peddlers from the building, and to require registration, satisfactory identification and creden- tials from all persons seeking access to any part of the building, at times other than during ordinary business hours. The Lessor will exer- • vise its best judgement in the execution of such control but shall not be held liable for the granting or refusal of such access. 13. Lessor has right to assign all Lessees and their employees parking spaces across the street at Roberson and Maple at the parking lot desig- nated for office personnel, said parking to be supplied by Lessor as a part of this lease. • r$ Ft, fyy€ II it • 03C• ExhiniT F . • • LANDLORD'S RIGHT TO MORTGAGE AND SELL, rstoppel Certificate. Within ten (10) days after request therefor :Py I ancilord, :r in the event that upon any sale, assignment or hypothecation of the Pre'-'1'3 and/or the land thereunder by Landlord, an offset statement hail be re '.: -'d from Tenant; Tenant agrees to deliver, in recordable form, a certificate to any proposed mortgagee or pgrchaser, or to Landlord certifying (if sz:ch be the case) that this Lease is in full force and effect and that there arc no defeneee or offsets thereto, or stating those claimed by Tenant. • Subordination and Attornment. This Lease is and shall be subject and subordinate at all times to the lien of any mortgages in any amount or amounts a- /or all or any part of the land or buildings comprising Carr Mill _ And :n ell ground or underlying leases which exist or may hereafter be executed affecting such land and buildings, or either thereof, of which the Prnm:ses are a part, or on or against Landlord's interest or estate therein, or any part of or interest in any of the foregoing, or on or against any ground or • underling loose (and in all cases including all extensions, renewals, amendments and seppinments to any ground or underlying lease or mortgage), without the necessity of the execution and delivery of any further instruments on the part of Tenant tS effectuate such subordination. Tenant covenants and agrees to exec-..::e end deliver upon demand such further instruments evidencing such subordinatisn of this Lease to any such ground or underlying lease and to the in ef any ouch mortgage as may be required by the Landlord. Notwithstanding he-einabove contained,•in the event the holder of any such mortgage or the -Landlerd under any such ground or underlying lease shall at any time elect to have this Lease constitute a' prior or superior lien to its mortgage or lease, then and in such event upon any such mortgageholder or Landlord notify- ing Tenant to that effect, this Lease shall be deemed prior and superior in lien to such morznage or lease, as the case may be, irrespective of whether this Lease is dated prior to or subsequent to the date of such mortgage or lease. If Landlord enters into one or more concurrent or successive mort- gages or ground or underlying leases and Tenant is advised in writing of the name and address of the mortgagee or Landlord under such mortgage or gound - or underleing lease, as the case may be, then this Lease shall not be terminated or cancelled on account of any default by the Landlord in the performance of en of the terme, covenants or conditions hereof on its part contained, until Tenant shall have given written notice of such default to such mortgagee or Landlord, specifying the default, and such mortgagee or Landlord shall have the right for thirty (30) days from the date of its receipt of such notice (and such reasonable additional time as is required to effect the cure with due dili- gence) to correct such default. Tenant shall, in the event any proceedings are brought for the foreclosure ef or in the event of exercise of the power of sale under any mart- . gage made by the Landlord covering the premises, anoint to the purchaser upon any such fereclosure or sale and recognize such purchaser as the Landlord under this Leese. • Attorney-In-Fact. The Tenant, upon request of any party in nterest, shell execute promptly such instruments or certificates to carry out the intent of this section as shall be requested by tile Landlord. The Tenant hereby irrevccebly appoints the Landlord as Attorney-in-Fact for the Tenant ull ps*,-er and authority to execute and deliver in the name of the Tenant ainy SuC• instruments or certificates. If fifteen (15) days after the date of a, .htrittee. rag-Jest by Landlord to execute such instruments, the Tenant shaii not ae.e executed the same, the Landlord may, at its option, cancel this Lease netneut incurring any liability on account thereof, and the term Hereby granted is expressly :imited accordingly. . 7,73rtster 7rtterest. Landlord shall have Ihe vlight . ass5-5177-7.77,77-77-ZTherwise. ail sr snv including the Premises, at =riv time lo and -_a any person, subfec: to :he :erns and •.:onciit!;:ns af 4,e.e.se. •All covenants and obligations of Landlord under this Lease shall .•._ or of SJC.. ._-n-ezvance. tra.nsfer cr assignment. but such shah run wiz:: ;.he :and ano shall Ze zincing upon the • z`rz*.:'•:r.'. or te!is Lease -dur!no :he 2eripds of :.heir owner- :n:: 031 ORANGE COUNTY BOARD OF CCEIMISSIOWS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Erl Meeting Date: NOVEMBER 19, 1985 SWEET: ROOF REPLACEMENT BlDS---10/WOUSEOUSE DEPARTMENT: .'1- :r- IN G PUBLIC HEARING: _Yes A-1lb ATTACHMENT(S): INFORMATION CONTACT: PAM JONES X497 BID TABULATION TELEPHONE NUMBER: PROJECT SPECIFICATIONS AND BID Hillsborough - 732-8181 FROM M AND WROOFING AND INSULr Chapel Hill - 968-4501 ATION, INC. Mebane - 227-2031 ROOF GUARANTEE AN) CONTRACT Durham - 688-7331 PURPOSE: To consider approval of contract for repair of two sections of roof at New Courthouse, 106 Margaret Lane. NEED: The two areas in question are roofs targeted as priority repair arias in the roof survey done last year. There is a leaking problem in the Court vault area which prompted the repairs. The foam system will be identical to that on the roof at Northern Recreation Center, which has been in place for about years and has experienced no major problems. An addi- tional benefit will be the increased insulation factor which shobld have an energy saving effect. IMPACT: Price comparison between built up roof replacement and the polyethelyne foam showed a wide variance. The project using the foam system will cost the County $2,850 (2.38/sq. ft.), while the lowest estimate for a built up roof was approximately $6,100 (5.08/sq. ft.) . Funds are available within the County Capital Improvement. Fund. RECOMMENDATMOWS : To approve the contract with M and W Roofing and Insulation, Inc BID .'TABULATION BID FOR; CLOSING DATE:- CLOSING TIME: FOR OFFICE USE: BID A14ARDED TO: DID PRICE: BUDGETED AMOUNT: JM4,ff-ern Mop -9 ffml o. .. •O• • N �'� . ! • THERM-O.SEALITHERM-O•PILY , 't c i 'it,* - 13 • MANUFACTURER'S QUAUT • 'TWENTY YEAR = LIMITED WARRANTY r : • Owners Name Contractor's Name • . Address ( Phone( ) Address Phone( ) City State ,Zip City State Zip This warranty is limited exclusively to the Therm-OSeai/Therm.GPfy System applied to the roof at the following location: Name and location of structure: . Interstate Coatings.Inc.and the contractor named above shall for the purpose of this warranty be severally obligated by the paw • e ' hereunder and shall be referred'to as the"warrantors". • The warrantors warrant to the owner listed above(subject to the following terms and conditions)that the Therm•O.Seal/Thcmi-O-Ply Sy,tern applied to the structure described above will be tree from water leaks resulting from ordinary wear and tear from the elements or fro inn- proper application of the System Ifor a period of twenty years from the date of completion on the basis herein after described. The Therm-O-SeailThermd?•Pty System must be installed by the contractor who has the authority of Interstate Coatings,inc.to act :• an applicator for the specific purpose of applying the Coating System which is the subject of this warranty. In the event the System shalt l ak water from the causes described'above during the period of ten years from the date of comp!: ion, ( YEARS ON LABOR), warrantors at their own expense will supply the necessary product to correct the leakage. F• an •• additional period of ten years,manufacturer will supply product reduced at the rate of one4enth for every year or part of year of se ice which shall not exceed the original cost of products used. 'Date of Completion(Effective Date of Warranty) 'The Therm-O•Saallftierm•O-Ply System which is the subject of this Warranty consists of the following area: ----- Data of Completion is translated as of the date the contract has been paid in full. CONDITION OF COVERAGE i EXCLUSIONS FROM COVERAGE A.Inspection flights.The warrantors shall have the right during the This warranty does not cover damage or failure of the System caused by period of this limited warranty to inspect the system and in the event of ,, A.Natural disasters Including but not limited to floods, 11 any defect to repair same. In the event owner refuses to allow such in- 9 lightning, spection and repair, this warren shag become im and/or any hall, windstorms. earthquakes, torlfadols. , void and of no furrther effect, ty tnediately null and and/or any other acts of God. B. Notice of Claim. Any clai i hereunder shalt be deemed waived B. Damage to the System,the structure or to property or contents unless owner shall have given notice thereof to both the contractor at the caused by fire or structure failure such as settlement movement. dis- address indicated above and interstate Coatings, Inc.,P.O. Box 7284, torsion,warpage,or displacement. Wilson N.C. 27895 within 10 days following the discovery of circum- C.Improper application or failure of any component underlying the stances giving rise to a claim. I • roofing membrane, such as decks, drains,roof vents. roof Insulation. ' C.Unauthorized Repairs,Attendees or Use It Owner shalt make or fleshings,vapor barriers and the like. permit,without prior written consent of Warrantors,repairs,alterations D.Erection or construction of any additional Installation on orthrough or additions to the roof which affect the Therm-O-Seat/Therm-O-Ply the System after data of completion. •System,or change the use,function or purpose of the structure, this E Roof maintenance for corrections of conditions other than leaks. warranty shall become Immediatelinull and void and of no further effect. Warrantors will respond promptly and reasonably to any written request F. Penetration, vandalism, damage or attack by third parties and for consent of repairs,alterations o I additions. foreign objects or agents Including animal and plant the or any acts of 0. Transferable Warranty, The Manufacturer and the Contractor • shall be notified in writing within 60 days upon transfer of ownership of G.Discoloration or change in visual appearance due to accumulation structure upon which Therm-O-Seal/Therm-O•Ply System is installed. or streaking of did or other airborne materials deposited on the surface Interstate Coatings,inc. must be satisfied that the intended use of the from the atmosphere.Damage from Jet fuel deposits. structure by the new building owner will not cause detriment to the , Therm-O-Seal/Therrn-O-Pty System. Failure to notify the Interstate Coatings. Inc. shall render this warranty null and void. Transfer will not be reasonably withheld. • LIMITATION OF LIABILITY.THIS WARRANTY WHICH IS A LIMITED WARRANTY IS GIVEN IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED INCLUDING ANY WARR TY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WARRANTORS SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT,INCIDENTAL CONSEQUENTIAL,SPE,•AL OR GENERAL DAMAGES RESULTING FROM FAILURE OF THE SYSTEM,AND WARRANTORS*SOLE OBLIGATION IN SUCH EVENT SHALL BE TO REPAIR THE SYSTEM IN ACCORDA CE WITH THIS WARRANTY.Some states do not allow for the exclusion or limitation of liability for Incidental or consequential damages.in those elates,the above limitation or exclusion• - not apply.This warranty provides specific legit i rights and the customer may also have other rights which may vary from elate to state. • Certified by INTERSTATE COATINGS,INC. . Authorized Signature Contractor Signature • Mame and Title I MamatPrintatq .., t' •./ ... " NORTH CAROLINA ORANGE COUNTY I . . = THIS CONTRACT, made and entered into this 19th day of NOVEMBERI ,19 85 , pursuant to a resolution herefore adopted by the Board of .Commissioners, Orange County North . . Carolina, by and between M & W Roofing and Insulation, Inc. a corporationlwith its principal office and place of business in Hillsborough, party of the first part, hereinafter called the Company, the County of Orange a body politic hereinafter . called the Catinty: • ° WITNESSETH 1 . . • WHEREAS, the County of Orange duly requested bids for a polyurethane roof and bids were received and duly opened as required by law; and , I WHEREAS, after a careful consideration of the bid submitted by the Company, the Board of Commissioners of Orange County has heretofore adopted a resolution auth(xizing the acceptance .of such bid, and the execution, in the name of the County of Orange of a c4ntract with the said Company covering the installation , " . of a polyurethane roof. I NOW, THEREFORE, in consideration of the premises and in further consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred • to, the parties hereto have contracted and agreed as follows; • (1) In accordance with the County' s specifications and Company' s proposal , copies of which specifications and propOsal are attached hereto and made a part hereof, • Company will furnish and install a polyurethane roof more particularly described in the proposal submitted by the Company or in the specifications attached hereto. I (2), The total purchase price for said equipment/materials • in the slam of two thousand eight hundred fifty dollars f ' ($2,850.00) to be paid to the Company by County in cash within 30 days after installation of the roof and its acceptan'ce by the County. • (3) The specifications, the proposal thereon by Company, the manufacturer' s guarantee, copies of which are attalahed hereto and made a part hereof shall constitute the contact between the parties as though fully written herein. (4) Equal Employment Opportunity; In connection with the performance of this contract, the Company agrees not to discriminate against any employee or applicant for empl yment because of race, religion, color, sex or natiojnal origin. The company agrees to take affirmatire action to insure that applicants are employed, and that employees are treated during their employment without regard to their race , religion , color, sex or national origin. e IN WITNESS WHEREOF, the party of the first part and the party of the second part have caused this contract to be legally executed, in duplicate each of which shall constitute an original, all as of the day and year first about written, the corporate seal of each having been affixed hereto by • its proper officers, all as provided by law. CORPORATION ATTEST: # (I vi7v614,41-44414-4-- • 1 A E OF COpPANY (-Qs-) /34.4144,4,WEAL) INDIVIDUAL BY . (SEAL) ATTEST: PARTNERSHIP ATTEST: BY (SEAL) ' PARTNER • BY (SEAL) ATTEST: • • TRADING AS • ORANGE COUNTY BY IL A A 11 I CHAIRMAN OF BOARD/COUNTY MANAG R This instrument has been .preaudi ed in the. manner required by the Lo al Government & Fiscal Contril act: FINANCE DIRECTOR • • 0314. ORANGE COUNTY - • • SPECIFICATIONS • -- -- - The COUNTY OF ORANGE is soliciting bids for repair of two sections of roof, over the vaults on the east and west sides of the New Courthouse Building at lob bast margaret Lane, Hillsborough, NC. The following minimum requirements shall be met: The contractor shall protect the building and site from damage and defacing from work operation. Use tarps and other suitable materials and equipment at hoisting points to protect building walls. The contractor shall use all precautions to maintain the building watertight during his performance and during the - progress of the work. The contractor shall be responsible for any damage that might occur should there be any leaks through the roar during the construction which could be due to the contractor' s negligence or less than professional methods of execution. The contractor shall at all times keep the premises clean and free from accumulated waste and materials being removed. At completion ofl work, the contractor shall remove all his rubbish from grounds leaving same in broom clean condition. The contractor shall carry all required insurances on their employees in addition to general liability insurance protecting the County from any and all claims associated with the contractors work. Proof of said insurance may be required at the County's request. The contractor Teceiving award of this request shall, where required by law or required by the county secure all permits and pay all feees required to perform work and shall post notices required by law in the area of work. No bid will be considered from parties who are not regularly engaged in the kind of work to be let. The Bidder must supply references of like work installed in order for this bid to be considered. -- SCOPE OF WORK Apply a polyurethane roof and coating system over all of the existing built roof. Remove and properly dispose of all gravel, dirt and debris. Repair blisters j loose plys, damaged flashing, and nail back counter flashing and correct any condition which may adversely affect the performance or application of the foam system. Applylprimer to all surfaces to be foamed. Spray and apply foam with thicknesses sufficiently varied to provide pitch to drain. There shall be a minimum one inch thick monolithiC coating of urethane foam. The foam is to be carried a miriimum of eight inches from the roof line at penetrations and parapet walls. All exposed foam to be coated with asphalt roof mastic, ASTM 2823, Type 2, fibrate roof coating fcr cold application. Top surfacing shall be ceramic #11 roofing granules. Color to be chosen at time of award from manufacturer' s standard colors. Work found to be in violation of these specifications or not in accordance with established workmanship practices and standards will be subject to complete removal and a proper replacement withl new materials at contractor' s expense. Do not apply materials on wet or damp surfaces or over dust, dirt or other foreign matter. MATERIALS PRIMER shall be Foam Systems Company-PS 120 or approved equal. Shall be applied at the rate of one-half (1/2) gallon per 100 square foot. POLYURETHANE shall be Foam Systems Company 234, three (3) pounds per cubicI foot UL Class 1, UL 723 or approved equal. Each drum shall be so marked. COATING shall be asphalt roof mastic, ASTM 2823, Type 2 firate roof coating for cold application. 1 GRANULES shall be ceramic #11 roofing granules applied at the rate of fifty (50) pounds per square foot. 1 O31 GUARANTEE -• Upon completion of the work, furnish a guarantee covering work performed under this contract providing that for a period of 10 ye,4rs from the date of final inspection and acceptance, th9 contractor will, at his own expense, maintain the work performed in a watertight condition and correct any defects which may develop. The roof shall be inspected once a, year for ten years with any needed repairs being made by the contractor. An additional ten (10) year guarantee for maintenance shall be provided by the manufacturer. 4uarantee will include contractor' s agreement to perform emergncy repairs within 24 hours of notice and to perform permainent repairs within a reasonable time. Copy of the manufacturer' s guarantee must be provided with the bid package. •'....•34..: .:•:.. •,.,;•-•-"- -• j....•;1 '.., •:.•, -:::-.'?••,••.•!:: .., .1,1:-.-: -:',.'.-, ,....••••••••• . - . -- .: :,"*.'...•-• -; 031 •- -• • .: .. - .,,,,__-• , .- .. . , •, ••- ...,. . , .. . • . - •; • .'.• • • - ... : .• ... 1DePt....of Purchasing & Central Services ' • -. • • . . . •••-....300 West Ityort.St.- . • -...- .. . • • ..... 1 .. ::. •.:• . •...... . ••••:',.,", .• • • -. -.,...,:-.. ... ..:•-•:..... 11711.9borough$ N. 27278. ;-. - ••••.... .....:.'. • •-:" ,- B M. . . .• '"' • • - . ..: • - . •.• . • . - . • - . -: .-• • ':- : 1,.".•.. . .-: '...•-•• • Roof Repairing/sew Courthouse . - • - • -. • . . ••••- , . - • . . .. . . . • • . . ...._. - • • - . . . . • - • . - '.: .•Does:this bid Meet specif.ications as requested? / •. if.nor. all deviations.must be listed below. • • ce . • . . . . . .. . . . . • •Met Sid S • .. . References:: • •I -'.. •• • 1. . .if _ ..., . z..2/ ..., .. .--• . . . ,. CL).'.• Co. Name.. /1...,..e..'t et,„,. (:/t.,<-2.,k kie-i-- (2). Co. Name 77.45''',A.,*.:.7e-x'..2:-..- .--.-c frt-....:•:„ :,•.:... I. . -'''1 . • . Adiftess- /-,,c r. 4- ,,t/ ',1_..f,',u..r._.ii-.Y,-A.-.....:.-5671*- Address: /,,_/!,- X-'I.. (.,:;,.,(...--•:,-.:,-.. . ...7:.,-,,•,..... ,-,...:::..,;,... . . • •. . 1. Phone. t-- e1-47-/,/-14.-re-0-• .4---4; ' Phone- t ;:-/..'':"..-7 7 ...- 'le if.'". • • - 23:21,... , 2,.' ... .,..2,,, • - , • t of years roof has been installed / t of years roof has been install !' -- --- . . . ... . . (3 co. , . 44-:1-• - 4 . ... - ildryzess 7 i '7; Ar;edtgiit..74--• c7-- 14-i/...5,1 z, ty • • - Phone t 2,32 - • 9-../.7. 41, . • - .. • it Of years root has been installed / .;,- • . . . • . . • - . -. . . ' ..Date-you could 'gin',wOrki::1:1*- -: ..le .—e...s " . . ... . „• . .• - . .. • .... . .. . • . . . . . . . .. . . _ . . • . - • • ,;" •,/ ; ,:, . C:orttaarlY /1. Age(.•--i /-re-/-',/i.,;r" •-:.r'.,....,;,.. ...(;:,',./.:-.5",-...2,--- .-••:, 1 ,..• • • • - • • • - I • • .• Address ,1-•:`-.7/.- .."..2. .../.:2, 9.‹. •.-3( :::';' .• . .. I • . if ,.--4, - • . .. /417-74,1e.,',":1'..' /.l L.• :2••\. P';.• ..........,..."* ..-..• •:* -;/.:. . . .. - ,. • . ... • /' • 1 ii ' V4". ..i I..".2.--u•-/I: . 2.( z.-,(L....... . . . .. . . . . • - - ' - . ' . Phone , . . 1 • - • Bid envelopes to be marked "Bid No. 414 I due 10:00 a.m. Novemver 12, 1985 - Roof". - . ••I'- **. . . I . . • - . • • , ; . - . • • , . . : • • • - .. . . , I . - • . • • r.... • , ORANGE COUNTY BOARD OF COMMISSIONERS 1 ACTION AGENDA • ACTION AGENDA ITEM ABSTRACT ITEM NO.)E1K MEETING DATE NOVEMBER 194 1985 - 040 SUBJECT: MERIT PAY DECISIONS • • • ' DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING: YES x NO ATTACHMENT(S): INFORMATION CONTACT: DON WILLHOIT, X505 • PHONE NUMBERS: HILLSBOROUGH - 732-8181 NONE HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE -. 227-2031 • DURHAM - 688-7331 • PURPOSE: To consider merit pay increments for those positions for which the decision is the responsibility of the Board of Commissioners. • • • • • • NEED: To maintain salaries at competitive levels and recognize performance achievements. • • • • IMPACT: Funds are Lvailable. • • • • • RECOMMENDATION(S): Award one-step (5%) merit pay increments, effective on the employment anniversary date, to the County Manager, Clerk to the Board, Register of Deeds and Sheriff. 191111111111 IN' • . . BOARD OF COMMISSIONERS 1 ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO./El ••- MEETING DATE NOVEMBER 19, 1985 041 1 . . SUBJECT: MANAGER PERFORMANCE APPRAISAL FRE9UENCY . — • !. DEPARTMENT: BOARD or commissioNEAs I PUBLIC HEARING: YES , NO • • . : . . • - . "....."11 ATTACHMENT(S): INFORMATION CONTACT: DON WILLHOIT, X505 . _ NONE PHONE NUMBERS: HILLSBOROUGH - 732-8181 : • HILLSBOROUGH - 732-9361 • CHAPEL HILL-- 967-9251 MEBANE - 227-2031 - . - • DURHAM -. 688-7331 • , • . PURPOSE: To establ?.sh a policy on the frequency with which the Board will conduct performance appraisals of the County anade . . . t M r . . • . . . . . . . . ' , 1, . - . • i • . . . . . . . . - NEED: The Orange County Personnel Ordinance Provides for an annual performance appraisal of all employees; however, the Ordinance does not apply to the . ' • Manager. Performance appraisals provide an opportunity for a frank and open discussion between the Board and the Manager concerning his . effectiveess in guiding the Orange County government operations. For • maximum utility, these appraisals need to be conducted at regular 1 1 intervals--not just when a "crisis" occurs. r 1 , - • • . • IMPACT: There is no fiscal impact. . . . . • . . . . • ' . . . . . • . • RECOMMENDATION(S): Adopt the Lolicy that the Board of Commissioners will conduct a Performance - appraisal of the County Manager annually. . • • I ORANGE COUNTY 05E BOARD OF COMMISSIONERS I ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 19. 1985 Action A ends Item 1 , SUBJECT: PARTIAL V DTH R/W — F . L. & SUE MCDONALD MINOR SUBDIVISIO DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : PARTIAL WIDTH R/W CHECKLIST APPLICATION JANET VAN HANDEL PLAT TAX MAP PHOTOS DEED PLAT LETTER DRAFT 11/4/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732--8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hilt — 968-4501 PURPOSE: To consider a request for approval, of a partial width right- ( of—way of 12 feet to serve a minor subdivision on a lot known as Chapel Hill Township Tax Map 120 Lot 1B. To receive the Planning Board 's recommendation . NEED : There is an existing 12 foot easement (Deed and Plat reference attached) from SR 1939 Damascus Church Road, across the Poythress property (CH 120. .3J & 38) to the lot in question . The McDonald's purchased this lot on October 13, 1978 by deed . Upon request for a Building Permit they were informed that a building permit would not be issued without going through the minor subdivision procedures . The Poythress families are unwilling to grant the additional 38 ' feet for expansion of the right of—way . IMPACT: If a partial width right—of—way of 12' is approved the F . L. & Sue McDonald lot could be processed as a minor subdivision and the owners could obtain a building permit . RECOMMENDATION: The Planning Board recommends approval. 05.1... • F.. L. & SUB McDonald Minor Subdivision- DANIELS DRIVE PARTIAL WIDTH RIGHT—OF—WAY CHECKLIST (Adapted from Orange County Subdivision Regulations Sec. IV—B-3-0-2) NATURE OF SUBDIVISI N — Topography — flat — Surrounding a ea — agricultural and open space — Present road — existing Class C Road — Future road plane — No future plans at this time , Damascus Church Boa , is not designated as a thoroughfare. 0 — Access by public safety vehicles — topography flat (see phot,a) , road existing, cul—de—sac provided CLASS ROAD — existing Class C road CONSTRUCTION OF ROAD — Class C road as checked by Marvin Collins, Director RIGHT—Of—WAY WIDTH — 12 feet ending in a cut—de- sac — Fire District — North Chatham Fire Department — Size of largest vehicles — contacted Mark Rigsbee, North Chatham Fire Chief and he stated that the largest vehi Le is 10 feet wide and 40 feet in length . CONDITIONS — ( list those which are met] • — access to the subdivision is across the Marvin & Robert Poythr-ss property and they are unwilling to grant the additional 38 feet of rig t— of—way — the road in q estion was public until Mann 's Chapel Road was opened. he road was used by mail carriers until about 80 years ago . • „ -. •:..‘..,-,...-. ,:.,.• • •:, .• .. ••• • . •• -;,.:.7..ipr.:77.141..,7k__-_•:.•,•:-.,.-.7.--.z.p-,...ty-f'.--‹*•:-7:-.-.•!:..-•.:.-;;;--.--7:7--:•::-• -••• ' .-. ••••.'-- -. --.:••••••.4-.;•7;,•.;:.'„•;:r.--:::-:.T.c..4.F:;.-..:--i. --.:::-..' • •”:.'-:-','--:.ig' ;•--' • - -- ::?, ‘ • !',•• ....'.-'•:• •t.?:`I . .:V.e,•:•. ••:4-..;.• - '••---:'-' ' •• •.•'',1'..•":-:. - --- '----- • '-'' '•:' i • •..',7-A; ••••• MINOR APPLICATION ... . . : •: .....• • : • '=.• ''.-... .....-:•., ; ,•- ':.••.!:•,.---).•.:......--44---‘1.....,:.... **•*: ' 'r - '•14"--- . .:':v•- • , . . . . 058 . .., ... ••• ;: . . ... •;:•-f.--. .i,...„.;A,....i,P.r _•-:•,-....!..---).•-.-,n:.:-.7.... ..• .,,,‘'?::•:-.•:•.. ---.......•': " •:• . . •- - '••:• . -.., - • . •••'.. - ••,:. ::...:*ev.s.:•. •-•- ;. .. ;-,..• ':c.•••••:.•:.:-..:4•5.-C•.::.*4. .-....:2,n.:..:::.,...-...::.,;..,..,*tg ,...;.., ;',....::,..-:-.Hi.,-......!;-,:-. • -. • . - • .:..:.•-.. -•...,,.v.P..- : • ..,,,,,* -,...- ,.........,---•.....•;..-......... ... ... . , , . • • • 74:t•'t:'• .•eti• t:Ir-••• ,- •:.•,.:.„., : t',,,IP,Tsi,':+••••;:r PrOp.e.4-Y.:;OW'U. _.e.1(;). -2,A7.::::.'74:-:-:•4":i.:.:trg:4:;*.i./Y.„g i.,-;,,;;;7 .....,.•...... i.. :::.....:...-: . ..,:-..4.a:....:::::z-,..,:ki,t44,,,,,,,,i,t-::,;-:.,:...:.. -...:. .-•---1.;..e -. 12 _,.?,ttti.1-st-,:',,:.: ".44,,iitilt3c:..,...-,::.... i..... . , -.%::::: :,..:- .....*5..it-;1'. .*- '"?4qi="7:04:';!:::::... i4:....C::.,••.- . ..:•.•:*.•Address: /446".X.;9/vAit..:409.:;-.:eieKt!.'s:':' ,.,:ct;:....•.:,-: -.::••••• "•- .- *.•••• -•',.-•:-.... • •••••Phone'.(743)...0.5.- .--46.5 0 " ." .,••4i.:.';..•i ._..„ ,:...:•...,1•:>iiig4t,,A(.•,-,•;,-,•:".; :y.:':•;:t;; t,:-5....f,''--•■•;., ..:•;:••*--f----;,.•:7'. -.. -'" :- . ,'-..... ..• .• .-. . . . • . .......2. ••-:.: •....-Yk?•-•.:.•':1•:..",:'::: .'-•;,+;77..,...C;1:-,...:, -,:,'' --' DOve1015Piitaititii6t".;•.iiiej.- -/elEjb;? •••::N cii.,0449e....b ••:-.-,-- --. -,-- ..- . ;.•--...-...•-:.--.... - • -..:::•-.2,. ..,.:;::.,..,.•,.-?:-.....::-,..: •,-•: ......'•........:;••:•.:4:;,•;';44W-7:."-ii.,:inq*:-.64.,:---,.....:5.-;;,;..!..4:,-,,t .-,.,.-...:.- • ..-• . • .:. . . .-.•-.....'.- .;,..„.• : -:-:•. z..• ---• •..:1','-:.:, -'el...v.i'........,: .,.•-:Aildr.es. ..,. eh-b•:...57.....•;23.0e::36,g,;(1-:if,:6#4,pei 7.,f/44--. . : •••••.,_ .- Phone.,..(5//) :,..._.,ypi. 7643-,/..,......:. ..-.1.,..." - •:.. . .,, . .. ., :•,.::';._...Wi,4**01440#11: 2,..:,.,......c...: .4'.??,.$,...,.._..'ts..???..k:0.1.#:.i4tAtiAge,..:..,:s:',.**-7..:1,-..•.:,..---.....,......*.-:::::41:1;75,?:::=1.7'• -:..-77'..4•5W.:•01.;::•:*-1;;-"'4.:."!Ii:,;,.'.c•f'•7:J'.:;i;.::?,::,.i:t.:Jlig.c1 ::.:Vja'r:"-tt045 -:, ..?..156 .'tfedif74:*11 -:'Cii:;11.:•;?,./Zefi-••:'---F.:*' • .••''"1, .**123....".••:.`i.t,L,1#:1,..'.,:'..A.•'eiiikrit,:l._'=,:.v:4, f.,.:..4..k-:4-,.:S! . .--":"*:•,2-...' :J:-,•-:-..' --:: :- :21,1.4.7;:-:-4,'''''..5"'•;:k4e'' ''.:3-town Wpm- map-•0-i-b•-block::.::,,:-,::-:lot• : .• •---1.*`'Ar'2''''.v.c4-he'41r.'"; •••:09,'"1"`ir,'''... -t.5•4-.,,,',.1.:r.,"' '•:'," ••:.. 4.52L'te.41.,,:.'. .:•••• :•110 ..;!IITt,'&-..1'!,r4t .e4..;,•?•,4-:". .: ,--,1'.:c7.::•:y,,,.:4447%,91-.A,iej6,1b,F4ii t. ,*^:..r.i.,„ ......f.117.i,t142ki,Z:'•:_..•,'•*.,, 'b•:-.11i1;t.f't;i;•••••0-,-*''..F. •••.:64V . 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'.• •::•*-24...:•'..• .•:.•'.1:*•••.-..---:.j•..-;.:.-::•,..•": "•-••••••-• •••::;•..:;•,- .... . . '.:.-aoint',151ani.ting.:-•• .C.11.* ; -• ----• ••:- .. ..,..Carrborb ' ••V ' • •Schdol Disti-icte,414PeZ///e..' &le . ... . ,. .. . . • ...... . . ..,..i-,....,:..•••••.•,.... ........,.:., r....y..,-........:::..:•:-.., .., ..,••••. :•• : - •• .•......:,--..:- .. • State Hoed-,Number-S. e. 19 3 9• •. ---•Name .2).4.4,4 e.t.a. eAleze.ca RA TYPe.-.PAy -p. : . •: :.•. : • .. . . . •_ .....• • .... . . . .•.: .;:.:.:•-:7-,„-.7:-..-:•:-.(.• •;•::-:!••* --.-:-•,..• '-I C.'.-04/V4/CA 77111V . • •-• •'••.' ••:• •••:.i.:"••••:.'-7.-- * T. : „ fz;-••;-'1,7,•%....'..."*:'•••••-:•-•,.:•-.7...•••.--••-..• .....-1 • •••:-;1;•-•*: .* -•'•- private. R4ici.Class . --.1 c. .. 'ANL': . Name D4i<1/trL.:' 1)/2:-. ' : ••:f--:••• .': - ...' ••• •'-•••-:' •-' • - •:. ...:.::: — . .. •••••-•'.'17.,.:•;.,.c.:-.:.-1••• .;:::;-...-' ; • • i', • •. •-• . '- .-- • • - ' ' - '•::".•>.-E6 you.plan ta.buald. the•road.before final approval?- • 6s. •••• • •• • .. . - - .. . . • . - .- •••...;....::•::-: . •'or. secure construction with.a security document?........ - ! -......... . . •:,..... ,...TrEititieS: . .Public Sewer - : :- ' ' - ': Community System • -' • Septic Tank , • • ' " •" ' • , • -';',--. '• '- '•:• .-, Public Water • • . - .. '-•••:-.. Community Water • -• - Well ---.4'• - ' • . • .. . ... - -••. :- • If..on a:septic-system, the Health Department must examine all existing.and potential ' • .. building sites on' lots shown on the plat. • • ••• • • . . .,......, - . ...• _ - • • .. . . ., . .: : . . . .•• : . . . . Total Lot Area • 2.59/4e.,. . Number of Lots • - • - • . -- 1 " • _ . . • •• . . . . . - . - Lot Number: - Size of LO I ts: Structures (proposed or existing) : • . . - • •• ..•-. - .-- 1 . . • . ". . •Z:99•44..:' . ie&-'51D .A/770/... HO/17 PK 0 PDS .1-1 - • ' • • • - • :- ■ . .• ! : ....., .: : . , .•. . . ,, - . •: , • . . • -' • • - . . .. . .. • •••.- •• •' • - . . . ..._ • . • . ..' -•: .. . ......•• • I.,: (We). hereby certify...that:I: (we) .have read the•above information and that. the -informatioo . „ ..., ... • -1 . . -•-_-: "-I.(we) have. supplied is adcurate to the best of my (our) knowledge. • I (we) understand -.• • • - my (our) application is not complete and cannot be approved unless all required inform. a.ti...n • . • 1 • • ".;•., and material has been provided. ' ••••:•.• . • ... . , . '•••••• - .. .. • . • •• • • • - .. ,.-.. - • . ::',.......- : • • . : .: ' - • •• ' •• .. .. ... .: .. - , ... . . , ' .r)/ • el- % ; . •-•- •' - . : -•.• -..... A \ - . VN:- \IL - • \ Nik.....,..!. 11....1. 0 : t. ....A..., t. .k_.....4. • • "• • •: \....- . Date •• . .. ... - -: l' - : . • • . . . . . • '-. . -. • -- • ■ :... .N 0 ' . • Date • , • . . • . . . : Signature • • :. • • . . . • . • • ; .. ., • • • • ■ -, • • Filing Fee a.CiC,• 1. it-L 9f:It Fee 5:00 Private Road Fee30.00 Other •Pee " • . 's . 1 . • • ... • Total Fees . 65, 00 • ; -Date Paid • . - • • • • . • , . . " - • i • • . • . . . • ' . . . \ . • . . . . .• ; , - - • . . ' . , . . . .... . . . . . • • - i . • _. . . • - - \ - ' . . • _ '. ..-. - ' , • - I • \ . . • . • .. • - - • -. \ . • • • -- .-.,i, • • .. • • • • • .. ' •' .• ••• - - 5'2 5 2 3 ,..,,,, ..:------- ', • ' Ot 5 . /,77 '...st./.C3AC.1 1.7 "'lc. * . 3*.0 . , 6352 . ____\_......... _ \/' • ... • \ 1 • I // \I FY0 • • /■ 7 5 . : . . . 8041 C) (---, '2 *, • (i-E '' : Z -- -_/ ..,-,.., • 8811 ,3.7,.. 19A 2 C7, / . • H.',..1, ". :ics,\\....,........,-;-7-s' / • il m ' s. f ,' .7.2.0 7E•AC- c,/,',/ . C) - • — . / • V I ;,.41•4-1 : . , ) x '\•••, , ''- 5.8 AC ,. Vir/ .-' . • rs 1 4, t , 13567 \,„1 AC •4579 /r/ ' ...." , 0, r:: - i \ irk 1 . ,.....- 2 6.28 AC. _15 0 1 DI ST --.•,- •\ 111•F / V---„..-- ; il.:..,..,.._: . ›Ns■' ..,, liti ,..' __/ 3 Z . 11 -..."--7.:;,::77:-.__- ----— - -'11lau.v1,. PoYriirce5s `\1 'F.oueszt Pb-mix. 1 ,-_7‘.. ' - 1 • ./ a TA I.. P. 3.1fergirri 'I.\ PRIM:TY (3.,) ,, 1 . . ... - 60 ..---•\ . ... (3D + :4, K-19065 el - .3151 • . ."42 AC. \ + ! 11.58 AC. ' • ' • ■ 6.82 AC. :- 1 , .• -,..• • Ws/ i • . 6:Zif \ 'V I ' . C9610 R.Appeirry PR.oPER:TY ) . ?"--Ir114. / A:- 2.99 AC. / ., / C-0.....4 Tenft4,1,,RE-r- "DittlialEi_ . .T.:,--, c ,.49' VRoPeRTT .., . cok-bi_ ,7 "--.... / ,.. . - • - 84.31 AC: CAL. ' C E TWP ASSES • .96 .7 1 AC - 1.-OTA :i ..•-t . .- r .A..i .. CA'l -----.----—. 14 C.I.ht.).7 Tit re TM CO 0 AV -T., —.... .; . f. ' . ••••••,. .... i ) C• 1-4 . -100.)00s44 )P MAP 410 - • -, •• --r-1.- • !.1,2.-- , ''.11:.••...'W?..- ' . • • • 7,,A 54 •-,t;r• - . r..;i3.. • . •••••'•i' ' 0 68 0 1,-•-• - — • . D. 1 F. !.• • I I( 1 • ' i • • 1 ;' '• '. . � — t !� DANIELS DRIVE • t 1 T r 4 t+' 1,,,:c. . 5 '*+�.� ' ,{"' - PARTIAL WIDTH R/W • . r ..dam——•- ..:-.:'./.-74`-' ........r. = "�— "` ENTRANCE TO ROAD ;j ",--- � •,r r POYTHRESS HOME ON RIGHT• •.�,rrMK. itA. �` $t 3/"'L•'•i[i�+..'Z''r#' ." ' t a'7. '.t.�p a"' „; =l. A,�r �. 'R tip 7 y `� •' _ 7.f: f, rte'* ''� I j 7..#, �r , a " '* w Z'z'aik '' )$t x 7•tom..-.��' �"' � To- y. .r, . RS"- �F A'J_ '� i.1 - >-r;•+ rt �'r i rs '�� � Mi t 11- y� 44 �+ . : ,p...,•rats-u!F+ . t} K� 3:. .. ii-'^.7 ' t�..'�r Al' THE MC DONALD"S LDT ',� i� — - YC C•w"i•:�ib-.kZ'� T�7� i •�+Tr•"-',.•Y/,,.••.! _ • ,.: r _. try'N I ECE'S HOME ON LEFT 4 _,,�.�• ''- '` • i• ♦• 'd r ,fit " ..r..r • • -a , �. . '. - *• •". ..`"S• .tM�;•'}`'� *..+ �' '' '•'•,•-'i •,-.'.. r 3 3 w jig d )i 'i U•r �. • s (x�t rI 7 4.."477"••b-.17 •tee' 3. r r., N - r .a 4r G�.�� 5•'• .1:44:1",' •, �,r ,r•'•d��j " 1Mr• "__, •w ,t1,+' rj�-.*. �+ iv.—" L.. K -r x�� �' 7 EXIT!1 NG THE ROAD.r•- ,`' '5�+. `" • +gay,. =; ;,4-;:+� POYTHRESS HOME AND • .�:: -� i` • r .1.:,..,..—+.7.-""..... «4'"` OUTBUILDING ON LEFT + n ,-..� r . .4 ., .:,'''.':f. :,,.: _.,,'r t +^+fir -nr:• 1 � .ViArt:t r ' .'' R11.I cr.,t.' 7-1. 1t r r:,r1F f:1rr-` Exci.e i.,e a5 i • e 1.I:r.It I FILED e'if►essocr29Sre;ra 20 - .� OCT 13 9 i AN'78 • DEEDS 0NGL t '.T , .C.. • . •a� acct'°Tbs A 61 00, BOCK,-295 P ..E 2U Reeardine Time.hoot and Pam .. Parcel Identifier Ha. Voided by.. .. ,.County on the . day of. _ tg by _..,... .. ... ._ .._ Matt after recording to . Grantees, kts.,sottorthbelow. - Thla Instrument was prepared by Janes St. ..»ar3ow;,Attorney_at Lew; Chapel Hill, II,C..27514. ' Brief description fur the index - • 2.99 A Daniel Lands ; T/I•'.: 1120 Traot 1. • NORTH CAROLINA GENERAL WARRANTY DEED THiS DEED made this.23rd day of September,•1978 •19 ,by and between GRANTOt GRANTEE • • Margaret laniel (Unmarried) 1'. L. t;cDonald and Aire, Sue W. _ McDonald , Estate by Lntirety 6 • 433 . • 8th. itreot Alexander, Va. 22312 r 1 I Lots In appreprtato black for each party:mate.address,and.If appropriate.rh.tacier at entity,..a,corp.raMEP of partnership I i. The designation Grantor and Grantee as used herein shall include said parties.their heirs.succennore,and aeaiges,and shall Include singular,plural,mascutlne,feminine or neuter as required by context r WITNESSETH, that the Grantor.'for a valuable consideration paid by the Grantee, the receipt of which is hereby. FFi • acknowledged,has end.by these presents does grant,Largalu,sell and convey unto the Grantee in fee simple, all that i• certain lot or parcel of land nitwdrd in the City f *-"::'.;:; � y o Chapel Hill Township, [ • . ORANGE County.North Carolina and more particularly described ua follows: Lying and being on the East side of the roadway leading South from the Damascus f Church Road, State Road 039 (paved) through the Poythress Lands.and contiguous to the t• Grantor's Northern property line (Poythress' Southern line) approximately $69.61 feet' South from the centerline of Damascus Church Road, and BEGINNING at an established • Iron stake, designated as the Control Corner hereof and being the Northwest Corner hereof; thence South 83 0135. East with the Grantor's Northern line, according to the f• • survey of Harol H, rris n pr , 1970, duly recorded in Plat Book 18 at Page 5r Orange County Registry, _distance of 465.2_4 ft. to a new point and iron set In said Northern Line; thence turning Southwest, South 34° 00' 4" West a new line running 415.63_11. to a New point and iron set in the Grantor's property; thence turning. Northwest, Nort E:: �5S° 59' 17" West a new line running 41`6 8� t. to a new point and k: Th iron set in The Eastern edge of the aforesaid roadway as extended South Into the Daniel's Lands; thence turning Northeast. North 34° 00' 43" East with the Eastern `' edge of said roadway a distance of 209.00 ft. to the PLACE AND POINT OF BEGINNING, - t. containing 2.99 acres, as surveyed by Dale D. Faulkner (R.L.S.•L 2176) for the Grantees r • on August 1, 1978. • There is herewith granted and conveyed to the Grantees, their heirs, assigns • and successors In Title a .ermanen .n. .. . • right of use of the roadway_ - bordering on the West the described property, to run with the land forever. • Reference Plat Book 18, Page 5, for Harris u 9 s survey ofOn 120. Tract 1 for Chapel Hill. y Daniel property; and Tax Hap • . r • • . 5 • • .. .. •- I1 4Y�ice.•• • • ► 97 ¢0 CHA NOUN POY•T R ESS LANDS PQ (EAS r Zit 71. TO) t cn OLD PENCE tdEW IRON SET :. .. N 83'$5' W 83•$$'W 714.30' b N 03 Iron IRON IN OLD CENTERLINE OF N 06 L I N D S A Y OLD ROAD FORS �—IE7 Coatrot Cor. N S °O IRON FLA 90. 8O W. G. JOY 'EK y HOUSE �f91 '" ...� . •�" ����'� � �'6c. DAN i Ll 4 foo ORANGE COUNTY •'s'o eg CHATHAM C O j+! T APPROx_LO C_o I OF cove LINE DANIEL- LANDS ; tea. 941' /993 �'j , IJRr�r�G �l9.vas ice. 4e I 4 g • • 063 Susan C. McDonald 109 Northwood Dr. Chapel Hill, N. C. 27514 . February 26, 1985 Mr. Marvin E. Collins • . Planning Director Orange County Planning Department Hillsborough, N. C. 27278 Dear Mr. Collins: I am writing this letter on behalf of my father, C. Henry McDonald, and • my uncle, P. LI. McDonald, regarding their inability to secure an easement from the Poythress Family. The purpose of this letter is to relate to you heir efforts and reasons for requesting such an easement. In the summer f 1978, my uncle purchased 2.99 acres from Margaret Daniel, with the intenb of building a residential dwelling on said property and retiring in 1984. In October of 1984, my uncle came to Chapel Hill to begin making plans for his retirement home. It was at this time that he learned that he would not be able to get a building permit with the existing 12' easement over the Poythress property, which lies between his 2.99 acres and Damascus Church Road. Upon learning this, my uncle approached. Marvin PoythreSs and explained the situation to him, and requested an additional 50' easement, which was denied. Shortly thereafter, my father spoke with Mr. Poythress by phone and made the same request. Mr. Poythress responded that his attorney had advised him not to assent to"any additional easements. - Enclosed you will find a copy of a letter that I mailed to the Poythress brothers in an attempt to clarify the issue of the easement. At this writing they have not responded to this request for clarification. I would like te personally thank you and your staff for your assistance in our efforts to find an equitable -solution to this matter. Sincerely, A.0/1?-ei M:04,1,4( Susan C. McDonald 064 2A-Pr /1- 4- 93- Pomiotic .564 Mows • • • • Item #6a: PARTIAL WIDTH R/W F.L. & SUE MCDONALD MINOR SUBDIVISION Presentation by Smith- • • The purpose of this item is to consider a request for approval of a partial width right—of—way of 12 feet to serve a minor subdivision on a lot known as Chapel, Hill Townsip Tax Map 120 Lot 16. There is an existing 12 foot easement (Deed and Plat reference attached) from SR 1939 Damascus Church Road, across the Poythress property (CH 120. .3J & 38) to the Lot in question'. The McDonald's purchased this lot on October 13, 1978 . by deed . Upon request for a Building Permit they were informed that a building permit would not be issued without going through the minor subdivision procedures . The Poythress families are unwilling • to grant the additional 38' feet for expansion of • the right—of—way . • . If a partial width right—of—way of 12' is approved the F.L. & Sue McDonald Lot could be processed as a minor subdivision and the owners could obtain a building permit . The Planning Staff recommends approval.. Item #6b PARTIAL WIDTH R/W — E. ALTON CUMMING MINOR SUBDIVISION Presentation by Smith • The purpose of this agenda item is to consider request for approval of a partial. width right—of- way of 30 feet to serve a minor subdivison on a lot know as Cheeks Township Tax map 1 Lot 4. There is an existing 30 foot easement (deed reference attached) from Sr 1346, Saddle Club Road, across the William and Doris Lynch property 'Mks . 1 . .331 to the lot in question. The Cummings ' sons would each like to divide off 2 acre tracts for their homes. William Lynch is deceased (6 months) and his estate is in probate and the additional 20 feet right—of—way cannot be obtained. 06E If a partial width right-of-way of 30 ' is approved two lots will be created and one home will, be added on an existing Class B road. The Planning Staff recommends approval. Kizer moved approval of both the McDonald and Cummings Partial Width ROW. Seconded by Shanktin . Jacobs expressed concern about this decision opening the door for additional units noting it should only be utilized as a special exception provision . . . Gordon requested that the minutes show that the decision to grant a partial, width right-of-way in these two cases did not constitute an explicit intent to grant a partial width to .additional Lots using the same rights-of-way . VOTE: 10 in favor. I opposed [Gordon opposed to granting of partial, width right-of-way to the McDonalds because she felt the road was too small. 06€ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 19, 1985 Action A enda Item # a SUBJECT: PARTIAL WIDTH R/W — E. ALTON CUMMINGS MINOR SUBDIVISION DEPARTMENT: PLANNING PUBLIC HEARING Yes X No III Attachment(s) Information Contact : PARTIAL WIDTH R/W CHECKLIST JANET VAN HANDEL APPLICATION TAX MAP PHOTOS DEED DRAFT ll/4/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 4nsider PURPOSE: To a request for approval of a partial width right of—way of 30 feet to serve a minor subdivision on a Lot known as Cheeks Township Tax Map 1 Lot 4. To r ceive the Planning Board's recommendation . NEED: There is an existing 30 foot easement (deed reference attached) from SR 1346 , Saddle Club Road , across the William and !Doris Lynch property Mks . 1 . .33) to the lot in question . The Cummings ' sons would each Like to divide off 2 acre tracts for their homes. William Lynch is deceased (6 months) and his estate is in probate and the additional 20 feet fright—of way cannot be obtained . IMPACT: If partial width right—of—way of 30' is approved two lots will be created and one home will be added on an existing Class C road . RECOMMENDATION: The Planning Board recommends approval . II 067 I E. Alton Cummings Minor Subdivision CUMMINGS DRIVE PARTIAL WIDTH RIGHT—OF—WAY CHECKLIST (Adapted from Orange County Subdivision Regulations Sec. IV—B-3—c-2) NATURE OF SUBDIVISION — Topography — flat — Surrounding a r ea — agricuLtural and open space — Present Road L existing Class C road — Future road ptans — no future plans at this time — Access by public safety vehicles — topography flat (see photos) road existing, cut—de—sac to be provided CLASS ROAD — existing Class C road CONSTRUCTION OF ROAD — good Class C road as checked by Keith Rosemond , Soil and Erosion Control officer RIGHT—OF—WAY WIDTH 1— 30 FEET ending in a cul—de—sac — Fire District — Efland Rural Fire District — Size of Largest vehicles — contacted Ronnie. McAdams , Eflend Fire Chief and he stated the size of the Largest emergency vehicle is S feet wide and 22 feet in length . CONDITIONS — ( List -hose which are net) — Access to the subdivision is across the William and Doris Lynch property . William Lynch is deceased (6 months) and the Cummings are unable to obtain additional right—of—way width as the estates is in probate. — The existing road has been used by the Cummings family for about 30 years . . . . . •".. : : MINOR'SUBDIVISION APPLICATION - --' „ r..4”, '• ' p u _ Property. Owner(s) , /U,* ,/" V .,• •Address • •?' w �.: -- ' 919) '563'- "SW 5--elfg.e.- ". O`�C�:":,/o2'J.�- E:�IiS�/IP.' :Phone Developer/Contact:Namel' /V-�''y s..4 4L .•J L l 1i:.¢---(,_" • • - , r • - `• ':7',e4.:•..T,•' }',',• , _ A T•.•,:: _t. \/6 S 4/4 2:O -µ6J•Address ''-',1,-:••'.!-:4:-.,:,•••:•::•::' .. -. . ., , . .. *•- ,. 'Phone.( ) eh::: :'—r p.-... ::�-:p '•:r_.:. ...:::;:z‘:,._f-54,....-1-,.-...- Lo=tiLoc on.of: Property._. G e ic. T•-•=r,;i:w' I ' t. -«;,' • ' �r.•.--2.- `-•. _ ^, iy tt•k' - ,,• .. _ ;: a.x- tovin.s1u 'x1 ::::::r, ma _block. .lot ::;r"' .', •• ;:.x6-• `',r• ''•l.`'`'.: ��{�+•!t'•�f t!t�Il':v f:sr't-l�°'�;-LF`.•.. ,A� �' "�' ,.�;• it .._t'..;ri -k"• ,.4p.����T!..f.,'(`_ JAI. t4+'.f-,:,.. ;.. - �'�!�• �:Y�°.5fkt�!L�".'.",'X: •w F;". _ �51s� c•'E'�fr.. �'"'''' Zoning' :,* •',:-.-. • `-- "`-.�s r:rf!..•,_�.`: --..*\•..._._ - .._ . • ••••.• ••■••..•••••••■••••••■•••• •••• • ■•••••••••• •...••••• ■•••• • • •••.•,.,■•••••••...VP.••• •••■I• ••• • •• ■••■•..•• •• IP • a . • •• . i i —. • 06S 1 . . - - - -- ,„,. ................._ _ , . . • • er.• 1 . Z - -3796 E 0 CHEEKS C E D A R 8-5— I ....... , . . • (A). M. + DORVS i,..90 cH PROPERVI // . . . // • . 0 (clec eo.s eth . - . •1290 31) /if Ag77041iif..41:% . . • . 2989 . 6853 AC. ALAMANCE CO. • _AMANCE CO. // 10-I-I7C) F 2749 //// 0 E X t sr(NI G 30' PIO /./ .• 2.Ac. sol eits, Emewr • tea',I:4414c.4..1.17.,f...9_AC__ // II' • . C.,, N. N. 1/ ?64 ,/ N. 'N . N.N N • 6097 Alr-482, A C.CAL.4 ‘ .. z • ., "...,. .,•...s. . ., . - // . . . li - 6.13 AC. 0 ALAMANCE CO. r, . -.. ALAMANCE CO. ./,/ • ® - A.P 10-1-43K) • k"\ . I immi . ,/ I 1 , /"" 0 R / LIGN.) --r-v-kts RAD I 1 • _.----------/ II cp. . , • . 1 . 03,17 1 .. ..._. • Ar 9.47 AC. 1 1 . ..i• 52970 la 3.87 AC. 35 \ \ , •/. •i: 1 .i 2.35 AC. 16 - CAL. 1 k - \ \ • T.;.1 . . i C-heeks -1-0"-)Ask"P . map ( 1 1 . - \ I .c.11:.";)•2428 ' ...--• • 1.9R AC. . , . . , 0932,G , •,. . , I 52. CUMMINGS ROAD — CLASS C PARTIAL WIDTH RIGHT OF WAY 07C • . _ , . • . _ • • - i2."7sT"•=t! 7 • •;r. • -2 . . • • ENTRANCE TO ROAD 100 FEET INTO ROAD r - • ; • . - • . - ' •.' .. -ifitere41^% • 4 , • 2"A:A - "‘".•?td-`,.4a-••-,..0407$":'" , , . -• • - •;;%-": _ 4AZIffi'-'417r.; - ,• . • • • 1 LOTS ON BOTH SIDES OF ROAD IN WOODS • -• ::,, ,;';••••::..!if.:7'.,* ' — ..- ilt . t 1 °:4...i.:;,■•-:i•• ••,-.:: l',.:..:-Z,•;,,. , . • I . . : • 1 . I I . .": ,,44;- • . 0 71 : NORTH CAROLINA 1 F.''Y Z84 ;V„:1740 11214 I -- ...,..,-.:.,4.-4i.....r.-...ia- ••-----•:^•; A•r:'.7"-1' • -':!*:::4..,4 - • : ORMSGE COUNTY 1 -ie•:':.4e7sz : I 1 t . . .. - s —......„,.., . --- e see:r 1- •eSes-,_7-seesS THIS DEED, Made and entered into this 2 day of June Ms e..e.e , . i by and between LEE W. SETTLE, acting as Commissioner as herein.. ! ' Se' ee•s• after stated, party of the first port; and W. M. LYNCH and wife, : , DORIS C. LYNCH, parties of the second part;daS .&.e1e Ptedeee, 4C. , -•;ee es- s •es.es e:see.er. WIT NESSETH : • . , • That whereas, in a certain special, proceeding entitled - ::rdlirid:rH:::rdma::::s:le:o:::'0::o::::::sbariodugphatrtayn:fp:nheinf:r:t r::::e::u::Y,thNe.::- : • : : bpeaf::st:::::::on:: tthoeseulple::o:u:: Court i - . ,, .v.-- firMatiOn of the Court, certain lands, including the lands herein:. ..111111111 ; :'-' '!Z after described; and whereas, said party of the first part, acting - " 4,S6...- • ' c„,x = :"4• . • .. -.Lt..: :: as Commissioner as aforesaid, after due advertisement as required. • .:-- .;:r7 ==.!. : L by law and said order of Court offered said lands for sale at j e 41'3.7; 4" • public auction at the premises at twelve o'clock noon on the 3rd : . •=3X C'e4 ' :. day of December, 1977, when and where W. M. Lynch become the Mt: ■:- --, u .- •• li c.: 1 u• t • and highest bidder at the price of Twenty Thousand Dollars; that ! ...cee..e.e, ... . ., .1'," . - . an *fence bid was filed within the ten days allowed, and pursuant to an order of resole and after due advertisement as by law pro- : vided, said land was offered for resale on January 27, 1978 when .. ' e. s7e se . . • l. . and where Lonnie Dickey became the lost and highest bidder at the price of Twenty-One Thousand Fifty Dollars; that on advance ' • .....Z "s., P.., I., bid was mode within the ten days allowed, and pursuant to an order of resale and after due advertisement as by low provided, said - ' ' - • le. .e, land was offered for resole on March 3, 1978, when and where Clem. • % ze. Johnson became the last and highest bidder at the price of Twenty ee . - Two Thousand One Hundred Fifty Two Dollars; that an advance bid was 1 ., es , - !. ' C 2 Ce filed within the ten days allowed, and pursuant to on order of ' . resale and after due advertisement as by law provided, the said - : • Com4ssioner offered said land for resale on April 7, 1978, when ' II- . .s, and where W. M. Lypch became the 'last and highest bidder at' •t' et ' • .-- ' ' the 6rice of Twenty-Three Thousand Three Hundred Nine & 60100 r . Dollars; that within the ten days allowed an advance bid was . :-, • 'CA CO I made', and pursuant to an order of resale and after due advertise-. - ment' os by law provided, said land was offered for resale on May . •I h• 10, 1978, when and where W. M. Lynch and wife, Doris C. Lynch be-ell _e tcl: came the lost and highest bidders at the price of Thirty-Five ' l Thousand Dollars; and whereas said party of the first port reported •• . .e. e. • said sale to the Court and the same remained open for ten days and no advance bid was filed; and whereas, on the 2 doy of June, 11 e, es, : 19781,. said Court entered an order approving and coWTirming said • .a - saleland directing said party of the first part as Commissioner • to make, execute and deliver to said parties of the second port : a goOd and sufficient deed for said land upon the payment to him 1 of the said purchase price; and whereas, said purchase price has .., ' been fully paid; e, . • , Now, therefore, said party of the first part, acting as Com- missioner as aforesaid, under authority of said order of Court and e. • in crnsideration of the said purchase price of Thirty-Five Thou- -I . e : sand Dollars, has bargained oral sold and by these presents does • bargpin, sell and convey unto sold parties of the second part and their heirs and assigns o certain tract or parcel of land lying and being in Cheeks Township, Orange County, N.C., and more par- -e e• ticulorly described as follows: BEGINNING at on iron stoke at the southwest corner of Blanche S. Rogers property, corner with Tract 1 , "J" and Tract "G" of the property hereinafter referred to; running ,. • thenCe with said Rogers N. 0° 45' 20" E. across SR 1346 1377.73 ft. •-1 I . e6i es to an iron stake, corner with the southeast corner of Tract "E" : ';:::".1 • of 4e property hereinafter referred to; reening thence with the -4 southern line of Tract "E" S. 38° 36' 30" w. 1395.55 ft. to on 11 E ; iron stoke, corner wit!' the southwest corner of Tract "E" in the, -el -• : line of Frances M. Jobe; running thence eit!-. the eastern line of ' 1 ':• said Jobe property S. 0° 08' 10" E. 2163.20 ft. to on iron stake, • corner with the northwest corner of Tract "H' of the property 1 : , - hereinafter referree to in the line of rrcnces M. ..:obe; running thenCe with the northern line of Tract '1.4" -.. 30,, 18' 10" E. croes- .4 e..' ing SR 1346 1410.96 ft. to an iron stoke, corner with the north- 1 . ..,0 ....,k , :.:,:,..—,,.:.• „ . . .• eelt.% • . . . r. ...._ . 2 . 'f. -y. 1 , -- 0.7 t ' i• " ...::::.r.284 .1!;z174.1.. .• • "".:1•-:;"a! . • : ' ” o . , .. ,..7.... • east corner of Tract "H" in the western line of Tract "J"; thence:, with the western line of Tract "J" N. 1° 49' E. 115.36 ft. to on : iron stake, corner with Tract "G" in the western line of Tract "J"; , thence with the southern line of Tract "G" N. 79° 41 ' W. 677.92 ft. .... 1 . • to a point in the center of SR 1346; thence with the center of .:, SR 1346 the following courses and distances: N. 03° 01' 30" E. ' • 94.92 ft.; N. 08° 29' 20" E. 100 ft ; N. 13° 30' E. 100 ft.; N. : • 17° 01 ' 40" E. 91.38 ft. to o point in the center of said SR 1346; ;.. corner with the northwest corner of Tract "G"; running thence with -', the northern line of Tract "G" S. 87° 02' 50" E. 567.22 ft. to the ' . Beginning and being designated as Tract "F" on the plot of Walter . • 1 E. Thompson Estate, Tract I, as surveyed by Fulton & Associates, , • .! June 10, 1976, and recorded in plat book 26, page 118, Orange • % j County Registry. I This conveyance is made subject to_2.11.-ft,tia.g.....gdzyziy._ . • given to Frances M. Jobe and husband, Talmage Jobe, as shown in ! ; book 272, page 825, Orange County Registry, and a right-of-way giVer - 1 to Martin Krumnacher and wife, Nancy P. Krumnacher as shown in .• ...- • :. deed from Lee W. Settle, commissioner, to Martin Krumnacher and ; wife recorded in. book 2S4 , page 1734, Orange County Registry. ■ :' To have and to hold said lands and premises, together with - ' ,..; • all privileges and appurtenances thereunto belonging to them the , . !1 said parties of the second pert and their heirs and assigns in as full and ample o manner as said party of the first part es Commis:- ; sioner as aforesaid is authorized and empowered to convey the .same. • ., $ In testimony whereof, said party of the first part, acting I- ° as Commissioner as aforesaid, hos hereunto set his hand and seal : It the day and year first above written. . . . ... . I .../ .) ,I . • Av. ./(9.(dr,...ee..c.) (sEAL) • i Lee W. Settle, Commissioner 1 1 - NORTH CAROLINA, Alamance County . J I, -; 76,40;:fi XAGG , a Notary Public of said County and State, „ . do hefe-by ce tify that Lee W. Settle, commissioner, personally ' - . appeared before me and acknowledged the due execution of the fore- going instrument for the purposes therein expressed. WITNESS my 1 ? • hand and notarial seal the ,2,, day ofe"414 1978. My Commission expires: ',.[.. . • , ..-. •. b N 4::tary u ic :. .1; ' • .'i s.:-.... . . . . .., ..... - .. • •a. . . .. .. :A . "a-• PUBLIC i c•S • - ,...... .:, to, ______„/k•.", • - •.::.le. 1....i!i• - 'ke -.0x ..... .... : ••• . : .• ._ . . • .::. • . • • •-• • _I.,.---..-, • • . . ........____. ... • • ,. l:: • .., •: . STATE OF NORTH C.AROLINA—ORANCE COUNTY . :. •!, •" THE FOREGOING CERT Robin Y. Hall :FICATE:SrOF FILED .•, .-,jA,.• I anTtx.r..4.40x284PAGE4 1740 • •"'''l't ' .4 NOTAFIv ICCAD(WCIFOEMI."JULIC OF Thy Des.GNA/Eo GOVERNUENTAL UNITS■514P2SCERTIF.c3 To se • •c:. , CORRECT : ...;:::v.....,. ruin ME I 2nd 0„,,„ June j A.o.le_EL_ dull 2 4 58 *PH 1U :t. i.. ...2!,ti•,:• Es 0,... .;,,,....!,:ri.A. ,a .,.,Jr/4.L'i,:;/67 t4.'../ a.T.TTY JUNE HATES ETTv Inme•-msles.HECISTEH OK DEEDS REGISTER Cr GEEDS ASSISTANT•er • '.ir.. • . . RED.STER OF DEECS ORANGE COUNTY,H.C. Grantee P eTu Riv• • ..,-.-...::-.. . ' ' 7 Iim: _-_::::5•9,...4-._ .2. s.:,:,. • O7Z‘ 11- 4- 95* Pthituvfmc 134b kuvulEs Item #6a: . PARTIAL WIDTH R/W — F.L. & SUE MCDONALD MINOR SUBDIVISION Presentation by Smith . The purpose of this item is to consider a request for approval of a parkial width right—of—way of 12 feet to serve a minor subdivision on a lot known as Chapel Hill. Townsip Tax Map 120 Lot 18. • There is an existing 12 foot easement (Deed and Plat reference attached) from SR 1939 Damascus Church Road, across the Poythress property (CH 120. .3J & 38) to the lot in question . The McDonald 's purchased this Lot on October 13, 1878 by deed . Upon request for a Building Permit they were informed that a building permit 'would not be issued without going through the minor subdivision procedures . The Poythress families are unwitting to grant the additional 39' feet for expansion of the right—of—way . If a partial width right—of—way of 12' is approved the F .L. & Sue McDonald lot could be processed as a minor subdivision and the owners could obtain a building permit . • The Planning Staff recommends approval . Item #Gb PARTIAL WIDTH R/W — E. ALTON CUMMING MINOR SUBDIVISION Presentation by Smith The purpose of this agenda item is to consider request for approval of a partial width right—of— . way of 30 feet to serve a minor subdivison on a lot know as Cheeks Township Tax map 1 Lot 4. There is an existing 30 foot easement (deed reference attached) from Sr 1346, Saddle Club Road, across the William and Doris Lynch property (Cks. 1 . .33) to the lot in question . The Cummings ' sons would each like to divide off. 2 acre tracts for their homes. William Lynch is deceased (6 months) 1 and his estate is in probate and the additional 20 • feet right—of—way cannot be obtained . 074 If a partial width - right—of—way of SO ' is approved . two lots will be crested and one home will be added on an existing Class B road. The Planning Staff recommends approval . Kizer moved approval of both the McDonald and Cummings Partial Width ROW. Seconded by Shanklin . Jacobs expressed concern about this decision opening the door for additional units noting it should only be utilized as a special exception provision . Gordon . requested that the minutes show that the decision to grant a partial width right—of—way in these two cases did- not constitute an explicit intent to grant a partial width to additional tots using the same rights—of—way. VOTE: 10 in favor. L opposed (Gordon opposed to granting of partial width right—of—way to the mcDonatds because she felt the road was too small. • 07 O R A N G E C O U N T Y BOARD OF COMMISSIONERS Meeting Date NOVEMBER 19, 1985 ACTION AGENDA ITEM ABSTRACT Action a da Item # I SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) ( Information Contact : SUSAN SMITH PROPOSED SUBDIVISION REGULATION TEXT AMENDMENTS DRAFT 5/28/85 PUBLIC HEARING MINUTES DRAFT 11/4/85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 . PURPOSE: To consider for decision the proposed Subdivision Regulations textiamendments submitted to public hearing on May 28, 1985. To receive the Planning Board's recommendation . 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 : The Planning Board recommends approval of the proposed amendments, subject to the following : Amend Section IV—B-9—b--2 to read as follows: • 1 ) . Tihe stream buffer shall be measured from the edge of strean banks for a distrance of fifty (50] feet therefrom and shall be provided along both sides of all perennia , streams . II Amend Section IV—B-9—b--3 to read as follows: 2) Within the stream buffer, Land shall be retained in its n tural state . (Include remainder of subsection . 07€ PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT SECTION IV REQUIRED MINIMUM DESIGN STANDARDS ISSUE: Byl resolution of the- Board of Commissioners on November 15, 1983, Orange County committed itself toy 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 FEOUIREZD MINIMUM DESIGN ,$ ANDAR)]S by adding Section IV-B-9 Watershed Pxptection Standards IV-B-9. WATERSHED PROTECTION STANDARDS In every subdivision, provision shall be made for the protection of water supply watersheds of regional importance. I 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. Applicability 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 araU a Co,pnty LanC3 use Plan . IV-B-9-b. Streamjauffer Stand .rss In all new subdivisions' located within a water supply watershed of regional importance, the preliminary and/or I % 077 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 sjubdivisions. Perennial streams are defined as those streams, creeks or other drainageways indicated by a solid blue line on G.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 o= surveyor, by the alluvial soils as designated fry 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 sate. However, disturbance to existing forested/vegetated areas may be allowed when • replaced with vegetation resulting in comparable stormwater runoff velocity and quantity within one (1) 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. ?.AfiltSation _Standards For alll 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 limpervious surfaces. Impervious surfaces are those areas which prevent infiltration of water into the soil and include ; parking areas, roads, sidewalks, and other I• similar facilities x�ties constructed of asphalt and/or concrete. Control of stormwater runoff shall be accomplished insofar as possible through on-site infiltration of the first • 076 one-half (11/2) inch of runoff and through the use of methods which rely Ion 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 a reas characterized by flood plains,ns, highly hl Y erodible ble or imper v ious soils, steep slopes p es o r 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. • „,,,;:. !......\ A \o” s..■a 1;r i i I ; . / .......1 .......*A2,9 i ! - I ' '. ■ rO 0 A.Olfe. : / ..-.4-k `.. '''''P--7 • ti-„„ i .. , .. .4. #.1 ? \ r - .-■ N . i \ , . s, : : . .4 • 1 w • • I i j N. ' i I 1 '1 .......a....2....,.....,... ■ fl • s."*" . : ,oft, %I.% .0 ..... .1 ZS 41.-■■ •■ or II )<4. ' ..6`r, /' ; i)7E. ; ,.; :i7 or). ... 1 ---,-- , • , , . , ....... •,•r• \ 1 \ I r frei it,e79',, to-4,4,T 4/0%\ \ - .?... .•A:•\%,,•&•••••. "", • 1 ..•e AO 0 Otiljd Ili 1 k t \ • •••■-•-..17 Xi 1 • ''.... ... .0** 4 • %, • z i ..„ "li Apfle 4, ,,.. ,„/, .-.. .• % '.9.-. .*.1 ••'"....,:■""" I ,1010r **-7000ft A■ / 7 fa° „az t,-,............. ...- ...,,, r . • . 1 --r..„4-' " ,01..._ 25_7-- i ....., v.., --„,.......„- A • 1111111111111%■,. I .„ ,AP,ir lr_ • AI i .?...4....' ' Ift:ib r\"..1 Ni I \ Ni I ' . i .742. A1 3 Ate.... 41154.9"Tdr .ose. V ; .0/....3r° --'. • /.4041 .0.. 1 i .- / mt : ; - 1 ■ ' " '' '4'. -. At ......._ 1 . i .. ... a --...„,... pApA; 74 ....,":471 I.-\ I ----"'"':----ce ..... --. 7 •••%.00. I 1 latiL, • , I ' ° - 17 Ir, .400. --, 47/, 40 g; I \i. C. ,iidiol eg;,-. 4. ",. -. ' .. \ !.."%*".'''',1.6%**■&.%.4..., - d r,ji - ' 1)•... , ___ .- 1 / . . ,..._ -- ...„,,.Azi / ./ ..........i ••• "... .„.. 1 .,.... ,.. . j „_,..••-• ,.‘ 1 >... :1:7 ' ,. & ' t. , • . •-•-.. : }....... • %AG ,-+ IC% s .1 0 . ...„..„ , --:- - eA „...".\--17 1, -'---"` . I li i"A„, ,-4140.00:01:\-,.:-........7-17/00.„... IN• cs-4 1■ I r i w -....... , . ....,at-e 4..,... „ , 0 Z - . / • rtill. 4.51h. /r;'*r ''''"‹.: '' ..e,01' `e...■•i i „......". •., -1 - •,.., ...../.41, ,... , . . EXISTING AND POTENTIAL RESVOIIR SITES & WATEI---ISI-1„EMS =ALE: I"a SCCO" L\ EXISTING RES ;VCR ".•••••■••••••• 1144.6:1 WATERIS - CI SC= ka..Ct.T i A FcErravrIAL mesestvcza E221 WATER 9....poty vwcr" s3...E0 !wry rale, —.„,,,-01.4.4 CM PLOPI.13 01111•■ ) . • . . - i RIANGLE J COUNCIL OF GOVLRNME :1 • IDO PARK DRAT P.O. B0\ 12270 RI:SI-ARt'II TRI:\\G1.1- I' RK. \C' r7ut, rIl.,1:-3'i.ua+1 O$C FALLS/JORDAN LAKES PROTECTION THROUGH UNIFORM LOCAL GUIDELINES ' February 9, 1984 1 . WATERSHED-W1DE 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 i inch of stormwater runoff from all impervious areas. . In order of preference, stormwater control options include: • 11 Onsite infiltration through undisturbed vegetated areas. rt 2. Structural , or engineered infiltration measures such as V. ( infiltration trenches -or retention ponds that reduce the eL- In total amount of runoff. • 3J Detention structures that reduce the rate - but not the 4 r I. total amount - of runoff. (December 2 guidance from NRCD suggested that new development "-�--.� in existing urban areas (defined by mcnicipa% boundaries ) "es ) not be subject to Starr/water Management requirements and 1:::% 'impervious surface limits. Local decision makers nay wish .to reconsider that exemption in -light of the j cewic li tp suggested by this present package. ) . B. Stream Buffers (applicable in all areas) - For any new development , mSintain 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 . "Perennial Streams" are indicated by solid blue lines on _ USGS 7i-minute topographic maps. 2.1 Fifty foot distances would be measured from the edge of . streambanks. . . 11. WATER Q L1TY 'CRITICAL AREAS A. Purpose - To provide a special level of protection toi 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 • API X • BENSON • BROADWAY • CARRHUKC) • t-AK1 • C'114161 1 Itit 1 CLAY7O!u • Dt'RIIAM1 • 1•0UR OAKS • 11;VI A1'A'AKI%t • t:,tk!:1 K GOLDS7ON • HILLSBOROUGH • HOLLY SPRINt:S • 1:1 NI 1 • talt:11I1)1I1 MICRO • MORRISVILLE • PINI Lk V1.1 • PITI Stu)K() • PRIM'I IUN RALt•.1G11 • RGLLSv11_LI• • SAN!ORI) • Si 15,A • S11 1 K C'i11 / SMITHFIELD • ►'A K.L F O R F.S 7 • WI kin I I • 71 111'1 ON • CHATHAM COUNTY I• DURHAM COUNTY • 1ULI'S I ciS C'O1'S t 1 LEL COUNTY • I ORANC:! COUNTY • U+l ' •''"'.'' 1 f im eel/q®. f Je uc HE.4i / €C IWMAI 12 neighborhood; asked that if approved the Health (�$,�, � in the best interest of the neighb and traffic impacts and . Department would investigate the park within thee months. David Squires, Jr. expressed concerns regarding eo 1e fikely to tsside uality of p P cni the activities quality area; supply in the area. plans, site in the chak, and the q the sketchy P d the nature of the present community to Michael Chioraztii expressed concerns regarding slope and visual problems, traffic, and roach and provided more be changed by the park. Kent Mann indicated he felt this was a better app noting' it was a guess and control re that individual lot or a subdivision alsubmited, ndevelopment. euesss nd Garrett questioned the appraisal the appraiser• questioned the materials made uestionithe appraiser. He noted the appraiser able to 4 plans he had that Tom needed access cess no being plans and cited landscaping P nquir was ven access to, but that he had not received a request for from Squires was paved acc she had the appraiser. that the appraiser had access to everything Bledsoe responded received from staff. • J .t►► � t • J:1 • is !L: ... . 2EIMA-BgNia Collies. Carl Walters cited the The presentation was in subdividing property. his to subdivide hland problem Alton Cumming by sub right-of-way. his iswala Aethi Cummins esitesbwd with a concern' ht-of inability a Smith to give his sons homesites with a 30' granted.Commissioner Wilhoit asked if a toriSubdivision Regulations. ed responded Commissioner Carey no questioned granted to right-of-way. Susan Smith respond Commissioner Carey q Commissioner 50' was required. was to be used for family only. Cummings noted the land Smith responded staff, had Lloyd asked this me amendment staff could address this. Lloyd asked Cummings to if what is being proposed will allow him to proposed ts amendment to aaddress similar problems. contact planning staff to see subdivide his land• he is presently unable to subdivide a lot so as to Henry McDonald noted purchased by deed as he is unable to receive a building permit on land he P secure additional access beyond a 12' right-of-way. WATEEDTANDS Marvin Collins. applies The presentation was made by ro asal which app Yuhasz questioned the difference between the Town P p ro deal which flood plain. Collins responded staff proposed the stream buffer standard the mlthe stream versus the County P P applies it from the edge of that current County Standards dictate. United States Geological (USG) Yuhasz expressed concern with utilizing purpose. ed that this could result in restricting use of many maps for applY.ng this standard as they are not intended for this pu Commissioner Lloyd not acres of land in certain areas. uses allowed under Yuhasz expressed concern with unnessarily raestrieti nhese proposals der are the current fioodplain,ordinance from occurring not thought out well. � _, ••• A I T ,-N,'` -� 4,;1 _ Planner Susan Smith. _ The Presentation was made by toxic materials. Smith responded it was a Willhoitlquestioned regulating the Planning Board. provision desired by Health Sciences Consortium. between use. of the facility for staff Chris He�ndal described the needs of the Willhoitl asked the relationship responded 20 .- 30 f time staff were Herndal resp 30 full ul versus a wetreao fuselofy• for training purposes. on the remaining proposed work l p use of the was idy - treceived on Permitted Use g No formal presentation tve Article�nBs received public hearing items: I 1160.4 pliN6 • 1 • 082 • PAGE B • MOTION: Kizer moved approval of the staff recommendation .•Seconded by Kramer . VOTE: Unanimous . AGENDA ITEM 7b (1 ) Watershed Standards—Buffers amd Infiltration Standards Presentation by Smith. • MOTION: Pilkey moved approval of the staff recommdations including the revisions recommended by staff as • follows: Section /V—0—0—b—2 1 ) The stream buffer shalt be measured from the edge of stream banks for a distance • of fifty • (50) feet therefrom and shall be provided along both sides of all perennial streams. Section IV—B—0—b—3 - - • ' 2) Within the stream buffer, Land shall be retained in its natural state (Continue with remainder of subsection) . VOTE: 10 in favor. 1 opposed (Shanktin) . AGENDA ITEM Be (2) ARTICLE XX—Notification Presentation by Smith . MOTION: Kizer moved approval of the staff recommendation . Seconded by Pilkey. VOTE: Unanimous . AGENDA ITEM Ba (1 ) ARTICLE VI—Watershed Standards—Impervious Surface and Infiltration Standards Presentation by Smith . Pilkey noted that the Water Resources Committee had reviewed and recommended these amendments. MOTION: Pilkey moved approval of the staff recommendation. Seconded by Walters . VOE: • 10 in favor . 1 opposed (Yuhaszl . AGENDA ITEM Be (3) ARTICLE VIM—Special. Use Permits SURDIVISTORREGULATICKS AMENDMENT Amend Section IV - DAIK211 ek N4k1.4.1A1, by adding Section IV-B-9 Watershed Protection Standards IV-B-9. WATERSHED PRO1!ECT10N BUZZARDS In e ery 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. picthiUty Water supply watersheds requiring special protective measures include all property located within the Muse 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 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 edge of stream banks for a distance of fifty (50) feet therefrom and shall be provided along both sides of all perennial streams. 3) within the stream buffer, land shall be retained in its natural state. However, disturbance to existing forested/vegetated areas maybe 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 established and maintained. 4) Public and private streets, bridges and railroad rights-of-may 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 Phan 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 one-half (1/2) inch of runoff and through the use of methods which rely on natural soil properties for absorption and treatmemt. 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 perinds. Valera, 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 auspended 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. Merel] 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 front 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'. 1 . :. • 1 gmaragniM=TWT I SIWTION:6,1641,4aDd 6.16,z C ReisL e to read: The on-propiseg sale and delivery • ' • •-.1-1._- J L .I :_ - .1.■•1 • •• ...,..7-.A. •..• the_gregaga is prohibited, egcept irk the case of the deliyery and sale of goat_ incidental to the 1 PEMW-2110111MAMAL Add to Prtic1e XXII DEFINITIONS: I cods. . Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. beautician selling hair products. ARTICLE V IgnalffitnitWBENSIMILEEMBEAMS. Awl= VI , II. •.' D I Z.d1.0. kth._ IkkeilLwD:.,,ik.. ARTICLE VII MtlfapMINNLIMMICS. I Revise Section 6.23.5 HinimalotAime3g9tailtgd to read: "The anima 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 shall be 2004000 square fast Revise Section 6.24.1 Endinuezilated to read:1 "The minimum residential lot size in Water Quality Critical Areas shall be Eggssfm.t. Revise Section 7.19.1 Miniman mm, Required for I =Wild/1r= P.E District to read: "No such district shall be established with a net 1 land area of less than 200,000 square feet. Revise Section 5.1.2 to provide for a minimum lot area of 208480 square feet for the WI district. I . 1 I I PAGE 1 ARID= 20: AMENDMENTS 20.,6.3 REVISE ....written notice shall be sent by certified mail to the affected property owner and all adjacent property owners ADD If amenan ts_ to the Zoning Atlas_ are py first class nail to all affected property. owners and to all adjacent property owners within 500 feet as provided above. The Zoning Officer shall certify thg mailing. of all such notices to t Board_of County Caaaaissioneers.... ARTICLE 8 SPECIAL USE PERMITS ORDrNANCE AME M E'N S (S) - COUNTY ATTORNEY'S VERSION 8.2 (REVISE) Procedures for Issuance of Special Use Permit 1 8.2.1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of 1 the facts and conditions which this ordinance requires for approval; and b) The Board shall make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions:- a) The use will promote the public •_ =-10 e • •t.!-,�! !:t !VI:--•a•-=:_ And operated according to the plan as. atedtted: _ _ **AL •L.!.u= • •.,- uisg is a public necessity. in which case, �� i . • PAGE 2 the use need not maintain or enhance the value of contiguous property): c) The use is in compliance with the general plans for the physical development of the Countyjas embodied in these regulations or in ttke ConT9hensive Plan. or portion thereof u • At-1. Commissioners: * 1 e •rov'.--itt. •_ s IC _ . tmless greater or different regulations are contained in the individual standards for the specific Special Use. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a Special Use. 8.2.2 Where the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use complies with all required regulations and standards the application most be approved unless the Board shall also find, in some specific manner that: a) The use will not promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; b) The use will not maintain or enhance the value contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property); c) The use is not in compliance with the general plans for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare, will not maintain or enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County PAGE 3 shall have the burden of establishing, byccncetent material and substantial evidence the specific nnner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. ORDINAE ANENDMENT(S): 6.23.4 REVISE Impervious Surface Regulated in Protected 151Ittrabai. An 1 impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of wat4 into the soil. Such surfaces shall include any concrete or asphalt surface. These would include, but not be limited Ito streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed beccnes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resultidg in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface patios shall be required as provided in the Table of ImperviOus Surface Ratios Section 6.23.4. Impervious surface calculations for an individual development shall be cunulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right-of-way between I the center line of the street and the abutting property line of the lot. ORDINANCE AMENDIMENT(S): 6.23.4 Maximum impervious Surface Ratios (PEE AMACHED TABtIE B) CRUM= AMMINDHENT(S):. 6.23.7 _o_ o _" o_ .1 I - -- k-Lt 4/7 41i r Stormwater runoff from impervious surfaces generally carry large amounts of oil, nutrients, netals, bacteria and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the land use from which it originates. An important determinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To PAGE 4 control this pollutant load within the Protected Watershed-II district the first-one half-inch (1/2") of runoff from all impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce off site effects by minimizing clearing, compaction and overall Bite disturbance, while maximizing vegetated areas for stormwater infiltration. Methods to accomplish this standard shall include, in order of preference: a. on-site infiltration through the retention of undisturbed, vegetated areas b. structural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff c. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new development as a whole. If applied to a development as a whole, the applicant umst provide for installation and maintenance of proposed stormwater management facilities. Applicants shall be required to submit documentation which indicates compliance with the specified standard. An individual lot of 80,000 square feet or more in size created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a site plan which demonstrates that the development of the property is in accordance with the intent of this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration; and protect critical drainageways and waterways from direct runoff impacts. mum= AMENDMINS): 6.24.6 Apiervious Surface Regulated .in ProtoctedWatersheas REVISE An liemprvious surface is a surface =posed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall inc).ude, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. PAGE 5 In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, inl ervious surface ratios shall be required as provided the Table of Impervious Surface Ratios Section 6.23.4. Impervious surface calculations for an individual developanent shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right of-;way between the centerline of the street and the edge the abutting property line of the lot. ORDINANCE AMF,N (S): 6.24.8 _.:r{ o_ •.. - _ ,.t ." •_ 1 1.• _ .• _ t_- - Stor Iter runoff from impervious surfaces generally carry large amounts of oil, nutrients, metals, bacteria and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the land use from which it originates. An important determinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To control this pollutant load within the Water Quality Critical Area the first one half-inch (1/2") of runoff. from all impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce off site effects by minimizing clearing, motion and overall site disturbance, while maximizing vegetated areas for stormwater infiltration. Methods to accomplish this standards shall include, in order of preference: retention of through the tent a. on-site infiltration g undisturbed, vegetated areas b. structural or engineered infiltration measures, such as ' trenches or retention ponds, which reduce the amount of runoff c. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new development as a whole. If applied to a develocpent as a whole, the applicant mist provide for installation and maintenance of pry stormwater management facilities. Applicants shall be required to submit documentation which indicates compliance with the specified standard. PAGE 6 An individual lot of 80,000 square feet or more in size created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a site plan which demonstrates that the development of the property is in accordance with the intent of this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration; and protect critical drainageways and waterways from direct tunoff impacts. 1 0 • U8 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 19 . 1985 Actio74gigda Item ifri SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) 1 Information Contact : SUSAN SMITH PROPOSED ZONING ORDINANCE TEXT AMENDMENTS DRAFT 5/28/85 PUBLIC HEARING MINUTES DRAFT 11/4/85 PLANING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 888-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider for decision the proposed Zoning Ordinance text amendments submitted to public hearing on May 28, 1985. To receive the Planning Board's recommendation . 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 ordiriance and provide clearer direction in its administration and enforcement . RECOMMENDATION: The Planning Board recommends approval of the proposed amendments to Articles V and VI of the Zoning Ordinance regarding watershed standards and home occupations and Section VI of the Subdivision Regulations regarding watershed standards . l'he Planning Board recommends that the existing definitions of "farm" and "farming" be retained in the Zoning Ordinance and that the County Attorney be requested to investigate the possibilities of obtaining , • express statutory authority to define farming . 084 PROPOSED ZONING ORDINANCE TEXT AMENDMENT ARTICLE X. DFINLT,QNS 1 , 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 Plenning Board, March 22, 1985) the County Attorney advised that the definitions of "farming" 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, avocational . farming, specialized commercial horticulture, and specialized commercial animal husbandry. FARM1 BOWIDE 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 1 bonafide farm unit; s;l Es (2) average annual sales of $1,000 for the proceeding three years; or a minimum of twenty acres of forest land for which a management plan has been prepared. FARM2NG DF 'INITIO . (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". 086 PROPOSED ZIONING ORDINANCE TEXT AMENDMENT ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS SECTION 6 .16 .6 REGULATIONS GOVERNING HOME OCCUPATIONS, AS AN ACCESSORY USE ARTICLE XXII DEFINITIONS 1 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 blleauty parlor which sells hair products . EXISTING ORDINANCE: SECTION 6 .16 .1 d) 0 and SECTION 6 .16 .2 c) The on—premise sale of goods which are not the product of the home occupation is • prohibited . PROPOSED ORDINANCE AMENDMENT: Revise to read : The on—premises sate and delivery' of Goods which ere not produced on the premises is prohibited , except in the case pf the delivery and sale of 'pods incidental to th - provision of a service ., Add to Article XXII DEFINITIONS: Griods . Incidental . Retail goods for sale in a manner customary end subordinate to the provision of a service , eg . beautician selling hair products . • • PROPOSED ZONING ORDINANCE TEXT AMENDMENTS ARTICLE V ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS - ARTICLE VII PLANNED DEVELOPMENT DISTRICTS • ISSUE: The Zoning Ordinance requirements for minimum tot • Size generally refers to square footage versus • acreage. The recently approved Ordinance amendments for the watershed districts reference , eiinimum lot size requirements by acreage. Staff f',eels 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 - rlequirements indicated in . the Schedules for Residential and Non—Residential Development . EXISTING ORDINANCE: • SECTION 8 .23.5 • Minimum L. t Size Rectu fated • 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 shalt be five (5) acres . The minimum residential fat size shall be determined by the wastewater treatment system applicable . SECTION 6 .24.1 • Minimum Lot Size Regulated The minimum residential tot size in Water Quality Critical Areas shall be two (2) acres Commercial and industrial uses are not permitted . - I SECTION 7 .19 .1 Miinimum Ar- a Re.uired For Establishment of District No such district shall be established with a net Land area of less than five (5) acres . I SECTION '5 .1 .2 SEE TABLE PROPOSED ORDINANCE AMENDMENT : � I Revise Section 6 .23 .5 Minimum Lot Size Regulated to read : "The minimum lot size for a commercial' use in the Protected Watershed District shalt be 80 , D0O square feet . The minimum Lot size for an industrial use • 086` ; . 2 shall be 200.000 square eet, Revise Section 6 . 24.1 Minimum Lot Size Regulated to read : "The minimum residential lot size in Water Quality Critical Areas shall be 20,000 souere feet . Revise Section 7 .19 .1 Minimum Area Required for Establishment pf District - I 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 200, 000 square feet for the PWI district . • • • • • 1 11 r rrv, } fJ -� ; APA/G1j r 12 in the best interest of the neighborhood; and asked that if approved the Health _ Department would vestigate the park within thee months. . David Squires, Jr. expressed concerns regarding traffic impacts and childrens activities in the area; about the quality of people likely to reside in the park, and :the quality of water supply in the area. fans; site Michael Chilorazzi expressed concerns regarding the sketchy p slope and visual ;problems, traffic, and the nature of the present community to be changed by the park. Kent Mann indicated he felt this was a better approach and provided more control that individual lot or subdivision development. and Garrett questioned the appraisal submitted; noting it was a questioned the materials made available to the appraiser. He expressed concerns with not being able to question the appraiser. He noted the appraiser needed saccess given accessstoo,, but that he cited hhadlanot receivedaa request for that from Squires S the appraiser. Bledsoe responded that the appraiser had access to everything she bad received from staff. T AMEMRNTS 0, SUBDIVISION REGULATIONSS` S. PRIVATE ROADS. The presentation was made by Marvin Collins. Carl Walters cited the problem encountered by his neighbor in subdividing property. - Alton Cummings described his concern and inability to subdivide his land to give his sonsihomesites with a 30' right-of-way versus a 60' right-of-way. Commissioner Wilhoit asked if a variance be Smith there responded the were no variances granted to Commissioner Carey questioned the 60' right-of-way. Susan Smith responded 50' was required. Cummings noted the land was to be used for family only. Commissioner Lloyd asked how planning staff could address this. Smith responded staff had proposed this amendment to address similar problems. Lloyd asked Cummings to contact planning' staff to see if what is being proposed will allow him to subdivide his land. Henry McDonald noted he is presently unable to subdivide a lot so as to receive a building permit on land he purchased by deed as he is unable to secure additional access beyond a 12' right-of-way. WATERSHED STANDARDS The presentation was made by Marvin Collins. 0 Yuhasz questioned the difference between the Town proposal which applies the stream buffer standard from the stream versus the County proposal which applies it from the edge of the flood plain. Collins responded staff proposed ount that current C i y Standards dictate. Yuhasz expressed concern with utilizing United States Geological (USG) maps for applying this standard as they are not intended for this purpose. Commissioner Lloyd noted that this could result in restricting use of many . acres of land in certain i.n areas. Yuhasz expressed concern with unnessarily restricting uses allowed under the current floodplain ordinance from occurring and that these proposals are not thought out well. 7. ZONING ORDINANCE TEXT AMENDMENTS-EDUCATIONAL 000PBRATIVESL The Presentation was made by Planner Susan Smith. Willhoit questioned regulating toxic materials. Smith responded it was a provision desired by the Planning Board. Chris Herndal described the needs of the Health Sciences Consortium. Willhoit asked the relationship between use of the facility for staff versus a retreat facility. Herndal responded 20 - 30 full time staff were proposed with some use of the facility for training purposes. No formal presentation was made nor comments received on the remaining public hearing !items: Amendments to Article IV-Establishment of Permitted Use 09C 13 r Table, Article VIII-Special Uses, Article XXII-Definitions, Article XI Non comformities, Artcle VI Application of Dimensional Requirements, Article XX Definitions of the Zoning Ordinance and Section IV-B-3-C-2 Partial widths, Section IV Required Minimum Design Standards of the Subdivision Regulations. P. ADJOURNMENT Chair WillhOt adjourned the meeting at 12:20 a.m. The next regular meeting will be held on June 3, 1985 in the Commissioners' room in the Court- house in Hillsborpugh, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk Joanna Bradshaw, Admin. Secretary ---- 0,cr knwint)0 J4U.S itordS an 1)RAFT mum& 8 MIN 5 0.91 PAGE 7 intent to grant a partial width to additional Lot - ,. • using the same rights—of—way. VOTE: 10 in favor . • L opposed (Gordon opposed to granting of partia width right—of—way to the McDonalds because sh., felt the road was too smell. Item #7a: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS Presentation by Gordon . Article XX DEFINITIONS In a letter dated August 16, 1994 to the Drang , County Board of Commissioners from Geoffre Gledhill, the County : Attorney advised, that th- definitions of "farming" and "bonefide farm" not b . defined in- the ordinance unless Orange Count receives express statutory authority to define those terms. Smith indicated that even where Local jurisdictions have pursued enabling Legislation . to define farms and farming for purposes of Local ordinances the court has in some oases overturned , some definitions. Walters inquired what the definition of farms and farming would then be . Smith 'resonded the state • definition . Pilkey noted this is a broad definition . Smith continued that the critical issue with the state definition is that' it has been determined to include commercial activities beyond those recognized traditionally' where the definition has been tested in court, for example, retail sales at greenhouse establishments. Gordon noted that the desire is to regulate the commercial aspects. Kramer asked Waiters if he had a concern with the state definition . Walters responded no , adding that there would' be no need to obtain enabling legislation if the proposed farm legislation was approved. Jacobs expressed concern that the County was giving up a better definition . . Gordon indicated that the County could explore statutory authorization from the State or pursue other alternatives . Kizer noted that the courts do no Like Local 092 PAGE 8 "Legalisms" and prefer that Local jurisdictions generally defer to the general state definition . He continued that the broad definition of farming works to the county 's benefit as it involves more parcels . He added that there is a problem with parafarming operations such as greenhouses. Kramer indicated he favored more Land being eligible for farming districts. MOTION: Pilkey moved to accept the attorney's recommendation that the farming definitions be deleted, but requested that the attorney investigate the possibilities of obtaining express statutory authority to .define farming . Seconded by Kramer. Best suggested that the County retain the current deinitions until. approval to define is obtained from the state. Smith noted that the battle will be over the local definition not state authority to define. VOTE: 3 in favor (Kramer, Kizer, PiLkey) 8 opposed MOTION: Jacobs moved that the existing definition be retained and that the attorney be requested to investigate the possibilities of obtaining express statutory authority to define farming . Seconded by Best . VOTE: 8 in favor . 3 opposed (Kizer, Yuhasz, Pilkey) . AGENDA ITEM 7a (2) Home Occupations Presentation by Smith . MOTION: Kizer moved approval of the staff recommendation . • Seconded by Best . VOTE: Unanimous . AGENDA ITEM 7a (3) Minimum Lot Size in Watersheds Presentation by Smith . 09L3 PAGE 9 MOTION: Kizer moved approval of the staff recommendation . Seconded by Kramer. VOTE: Unanimous. AGENDA ITEM 7b . (1 ) Watershed Standards—Suffers and Infiltration Standards Presentation by Smith. MOTION: PiLkey moved approval, of the staff recommdations including the revisions recommended by 'staff as fol(ows: Section IV—B-9—b-2 1 ) The stream buffer shall be measured from the edge of stream banks for a distance of fifty (SO) feet therefrom and shalt be provided along both sides of aLt perennial streams . Section IV—B—9—b-3 2) Within the stream buffer, Land shalt be retained in its natural state (Continue with remainder of subsection) . VOTE: 10 in favor. I opposed (Shanklin) . AGENDA ITEM Ba (2) ARTICLE XX—Notification Presentation by Smith . MOTION : Kizer moved approval of the staff recommendation . Seconded by PiLkey. VOTE: Unanimous . AGENDA ITEM Be (1 ) ARTICLE VI—Watershed Standards—Impervious Surface and Infiltration Standards Presentation by Smith . P1 [key noted that the Water Resources Committee had reviewed and recommended these amendments . MOTION: Pilkey moved approval of the staff recommendation . Seconded by Walters . VOE: 10 in favor. 1 opposed (Yuhaszl . AGENDA ITEM ea (3) ARTICLE Yin—Special Use Permits • 094 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 19. 1985 Action4g2nda Item Orlts SUBJECT: PROPOSED! ZONING ORDINANCE TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes JL No 1 Attachment(s) Information Contact : SUSAN SMITH SEE 8-26-85 PUBLIC HEARING AGENDA DRAFT 8-26-85 PUBLIC HEARING MINUTES 8-26-85 LETTER FROM NORMAN BLOCK REALTORS COUNTY ATTORNEY'S RECOMMENDED VERSION DRAFT 11-4-85 PLANNING BOARD MINTUES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider for decision the proposed text amendments to the Zoning Ordinance submitted to public hearing August 26 , 1985. To consider the recommendation of the County Attorney regarding the proposed amendments to Article 8 Special Use Permits as requested by the Boards at the August 26, 1985 public hearing . To receive the Planning Board 's recommendation . NEED: Concrns have been identified by the Board of Commissioners and staff about features of the Special Use Permit and watershed standards . Recent changes in the General Statutes dictated amendments to Article 20 AMENDMENTS. Issue statements preceed each amendment . During the public hearing on the proposed amendments to Article 8 Social Use Permits the County Attorney was directed by the Boards to comment on the proposed amendment . In the opinion of the County Attorney the current ordinance provisions are satisfactory with the exception that the conditions of approval cited in 8.2. 1 are not specified . The County Attorney ' s proposed revisions to the article are attached. IMPACT: The Piroposed text amendments, if approved, would clarify and improve the administration of the Zoning Ordinance. RECOMMENDATION : The Planning Board recommends approval of the amendments , cluding the amendment to Article 8 as drafted by the County Attorney . 095 ARTICLE 20: AMENDMENTS ISSUE: In the 1985 Session the General. Assembly enacted an amendment to G.S. 160A-384 to require that zoning procedures include a notice; requirement . Specifically, the act provided for notification of the owner of a parcel affected by a zoning clessIication and owners of adjoining parcels of Land by first lass mail . It further provided for certification to the Board of Commissioners that such notice was mailed. The Olrange County Zoning Ordinance already provides for notifiCation of zoning classification actions. Article 20.8 provides for notice of public hearing on a proposed zoning change by certified mail to all owners of adjacent properties within 500 feet of the affected property. The Ordinance does not currently 'require certification to the Board ef these mailings nor does it specifically require notification of the owner of effected property. By common practice said owner is notified of the proposed zoning classification action . EXISTING ORDINANCE PROVISION CS) . 1 Article 20 AMENDMENTS 20.6 Public Hearing and Notice Thereof 20.6.3 In the case of amendments to the Zoning Atlas, written notice shall be sent by 1 certified mail to ell adjacent property owners not Less than fifteen days before the hearing date. Adjacent property owners are those whose names and addresses are currently Listed in the Orange County tax records and whose property lies within five hundred feet of the affected property. PROPOSED ORDINANCE AMENDMENT(S) : 1 20.6.3 REVISE . . . .written notice shalt be sent by certified mail to the affected property owner and W. adjacent property owners ADD If amendments to the Zonin . AtLas are proposed by the County. notice shaLt be sent kyfirElljIltgpjialfggtad property owners and to all adiacent property owners ithin 500 feet as . rovided above. The Zoning Officer shall certify the mailing of sit such notices to the Board of Count Commissioners . 09€ PAGE 1 ARTICLE 8 SPECIAL USE PERMITS ISSUE: In reviewing recent requests for the issuance of Special Use Permits, members of the Board of Commissioners and Planning Board have expressed ;concern regarding the burden of proof in determining compliance with the General Standards specified in Section 8.-2 of Artiste 8. The Ordinance provides that where the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use !complies with all required regulations and standards, the application must be approved unless the Board finds, in some specific manner, that the general standards have not been . satisfied. Under the present Ordinance, the burden of proof rests primarily with those opposing the issuance of the Special Use Permit to prove that the general and/or 'specific standards have not been satisfied. • 1 The proposed amendment would require the Board to 'peke specific findings that the general standards have been met . Those opposing the issuance of the special. Use Permit would continue to have the burden of proving that the general standards have not been satisfied . EXISTING ORDINANCE PROVISION(S).: 1 ARTICLE 8 SPECIAL USE PERMITS 8 .2 General Standards 8.2.1 Before any application for a Special Use shall be approved: a) The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval; and b) The Board shell make written findings certifying compliance with the specific rules governing such individual Special Use and that the use, which is Listed as a Special Use in the district in which it is proposed to be Located, complies O9, PAGE 2 • with all required regulations and standards' inctuding the provisions of Articles 5 and 6 of this ordinance, unless greater or different regulations • are contained in the individual standards for the specific Special Use. It shall be the responsibility of the • applicant to present evidence in the form of testimony, exhibits, documents, • models, plans and the Like to support the application for approval of a Special Use. 6.2.2 Where the Board finds a preponderance of evidence to indicate compliance with the • general standards, specific rules governing the specific use and that the • use complies with all required . regulations and standards the application must be approved unless the Board shall also find, in some specific manner that: • • a) The use will not promote the public • . health, safety and general welfare, if . located where proposed and developed and operated according to the plan as submitted; b) The use will not maintain or enhance the value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) ; c) The use is not in compliance with the general plans for the physical • development of the County as embodied in these regulations or in the Comprehen- sive Plan, or portion thereof, adopted by the Board of County Commissioners. 1 Those opposing approval of the application on the grounds that the use wilt not promote the public health, safety and general welfare, will not maintain or enhance the value of contiguous ; property or is not in compliance with the general 1 plans for the physical development of the County shall have the burden of establishing, by I competent material and substantial evidence the 1 specific manner in which the proposed use does 1 ! . • PAGE 3 • not satisfy the requirements for approval of the application for a Special Use. • PROPOSED ORDINANCE AMENDMENT(S) : • 8.2.2 REVISE: Before any application for a Special Use Permit shell be approved: • (1 ) The applicant shall have the burden of estabishing, by competent material and • substantial evidence, the existence of the facts and conditions which this ordinance requires far approval, inalmAima PPAP-LiBnsawi-tlenrstandtPL _a_rds as contained herein, It shall be the - responsibility of the applicant to present . evidence in the form of testimony, exhibits, documents, models, plans and the Like to support the application for • approval of a Special Use Permit . (2) The Board shall make written findings certifying compliance with the following • -general standards: (a) That the use or development is Located. designed and axoposed to be • operated so as to maintain or promote the public health safety and welfare. jrcjavetc9ciccordintothetagpn as submitted and approved: 1 (b) That the use or development Is located, designed and proposed to be operated so as to maintain or enhance the yalue of contiguous property, or that the use or deveLopment -is a public • • necassity: (c) That the Location and character of the use or davetopment. if devetap4 according to the pLans as submitted an4 aPproved wiLt be in harmony with the • area in which it is to be Located and. in conformity with - thx_ggnALLIIRigag_ for • the physical develginment of the County as embodied in these regulations and in the Comprehensy Plan or Portion Commissioners . • I •• . • • • • 09E PAGE 4 Where the Board finds a preponderance of evidence to indicate compliance with the specific standards governing the specific use and that the use complies with all required • regulations and standards, including all applicable provisions of Articles 4.5.8.8410 and 12, the application must be approved unless the Board shall also find, in some specific manner, . 1 that thitLAPQami,ycyjtjaAhggnumier standards., Those opposing approval of the application shall • have the burden' of establishing , by competent - material and substantial evidence the specific manner in which the proposed use does not satisfy • either the general or .specific standards far approval of the application for a Special Use Permit . PROPOSED ORDINANCE AMENDMENTS IS) — COUNTY ATTORNEY'S VERSION 8.2 (REVISE) :apAjPip_rJsptjAqtpecfSp_qpia1ILsspszmjt 8.2.1 Before any application for a Spacial Use shall be approved: • a) The applicant shall have the burden of establishing , by competent material and • substantial evidence, the existence of the facts and conditions which this ordinance requires for approval; and b) The Board shall make written findings certifying compliance with the specific rules governing such individual Spacial Use and that the use, which is Listed as a Special Use in the district in which it is proposed to be Located, complies with all required regulations and standards including the following generaL conditions • a) Ltgtisekial_psnagtle the gub lie health . safety and general welfare, if located where proposed and developed and operated according to the plan as submittted; 1 I0C PAGE 5 b) The use will maintain or enhance the value of continpuous p operty (unless the use is a public necessity, in which case the use need not awl tain or enhance the value of contiguous I. property) : c) The use is in compliance with the „flare,. -ns for • h sica de o. , ent of t Count as embodied in t . - a re.0 at ens or in tie Com. rehensi e P an o •D tion t e eo - adopted by the Board of County, Commissioners:, and inc ud'n. . . . liceb _ . • 'slant& . f 4. 5. 6. 7, 9, 10 and 12 of this_atalLamt, unless greater or different regulations are contained in the individual standards for the specific Special. Use. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval, of a Special Use. 9.2.2 !here the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use complies with all required regulations and standards the application must be approved unless the Board shall also find, in some specific manner that: a) The use will not promote the public health, safety and general welfare, if Located where proposed and developed and operated according to the plan as submitted; b] The use will not maintain or enhance the value contiguous property (unless the use is a public necessity, in which case the use need not I maintain or enhance the value of contiguous property) ; c) The use is not in compliance with the general plans for the physical development of the County as embodied in these regulations or in the Comprehensive Plan , or portion thereof, adopted by the Board of County Commissioners. Those opposing approval of the application on the grounds that the use will not promote the public t 101 PAGE 6 health, safety and general welfare, will not maintain or enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County shall have the burden of establishing, by competent material and substantial evidence the specific 2 manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. • • 1• O -,-. 1 0 . , eAgillk NORMAN Block REAITORS 2 2 22 t 410 Airport Rd.,Chapel Hill,NC 27514•(919)967-9234,(919) • • • August 26, 1985 . • ,,, • Ms. Beverly Blythe t' Clerk of Board Uf Commissioners •Orange County Offices Hillsborough, NC :, i • , 1 rs, Dear Ms. Blythe,! • , - ' • . 1 am writing to you because -1 understand there is a public hearing tonight on several proposed changes to the Orange County Zoning Ordinance Texts.- I had hoped to be there in person and now find that I cannot be present. Please read this. letter for Me at the public hearing or in some other acceptable way make my feelings known to the Board of Commissioners. • I • .. It is my understanding that there are text amendments proposed for comment tonight that would change the burden of proof as to three specific findings in the Special Use Process in Orange County. As I understand our ordinance, we now have a system of review that carefully studies all development applications: . Our County staffj is very good about working with developers to help them under- stand the complexities of our body of regulations. Once an application is in proper form and comes before the Planning Board and then the Board of Commissioners for review, parties seeking to oppose a Special Use Permit have the opportunity ' to show that thel development should be denied on the grounds of adversely affecting: 1. health$1 welfare or safely 2. contiguous property value • 1 3. compliance with the general plan for development of the County. 1 - 1 understanid that the proposals you are studying tonight would significantly change the burden on a developer by forcing him, as applicant, to "prove" that there is no adverse affect in any of these three categories. I fear that a chal- lenger would. merely have to.raise questions or concerns, perhaps real or perhaps spurious, in order to greatly complicate the task of meeting such a burden. I .1 feel that this is unfair and ill advised. If one is to make a challenge or seek denial of a plant that has been worked out under our rules and regulations, then the challenger.should have to make a substantive showing and carry some measur- able burden of proof that his or her argument is more than a pesonal or emotional question mark. . . - . - Our Special Use Process has many safeguard provisions in it. Developers are asked to go to great lengths to meet our requirements and work within our guidelines. All of that is good and proper, buta shift in this affirmative • burden of proof on these three areas of specific findings would be going too far. I appreciate your considering my thoughts and opinion as you study this matter. . . . . • . • Sincerely, ' . ,. \NULtAgke ' Norman E. Block . ' NEB .ikjb • • . . • ' • 1 0 4'i 4 L • ARTICLE- 6 APPLICATION OF DIMENSIONAL REQUIREMENTS ISSUE: In the period of time following the approval of theIWater Quality Critical Area and Protected Watershed II Zoning Ordinance text amendments, the staff has monitored the administration of these standards end has identified specific concerns to be addressed. These concerns have tracked similar • 1 concerns raised by members of the Board of • Commissioners and by other Local government staffs • attempting to implement the State—Local Action Guide— Lines for the Falls of the Neuse and Jordan watersheds. Specifically, these concerns include the complexity of the Impervious Surface Ratios Table as opposed to the three—tiered approach endorsed by the TJCOG and the State of North Carolina ; the Lack of recognition in the Table of areas already serviced by public water and sewer services and developed at higher densities given the provision of these services; the technical difficulties posed by a standard of stormwater management which relies solely on linfiltration , and the need to establish an acceptable guideline for immplementetion of the infiltration standard by type of lend use, particularly large Lot development . EXISTING ORDIINANCE PROVISION(S) : Article 6 APPLICATION OF DIMENSIONAL REQUIREMENTS Article 6 .23.4 Impervious Surface Regulated in Protected Watersheds An impervious surface is any surface through which water cannot penetrate or can only penetrate slowly. This would include paved streets and parking Lots, concrete sidewalks and structures which cover land . As a watershed becomes developed, the amount of impervious surface increases causeing a decrease in soil absorption of stormwater and an increase in direct runoff to streams with a resulting increase in potential water pollution . In order to promote infiltration of stormwater into the maximum soil and minimize direct and immediate runoff into streams, impervious surface ratios shall be required in the Protected Watershed II IPW—III District . 104 PROPOSED ORDINANCE AMENDMENT(S) : 6.23.4 REVISE Impervious Surface Regulated in Protected Watersheds, An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. . Such surfaces shall include any concrete or asphalt surface. These would include, but not be Limited to , streets and parking areas, sidewalks, patios and structures which cover the Land . As •a watershed becomes developed the amount of impervious surface increases causing' a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution . In order to promote infiltration of stormwater runoff into the soil and to minimize direct end immediate runoff into Streams and water supply impoundments, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section 6.23.4. Impervious Surface calculations for an individual development shall be cumulative for original construction and any subsequent 4w additions and calculations of impervious surface coverage for individual Lots shall include that portion of a right- ' oaf way between the center line of the street and the abutting property line of the Lot . • EXISTING ORDINANCE PROVISION(S) : 6.23.4 ,Maximum Impervious Surface Ratios—Gross Land Area (SEE ATTACHED TABLE A) PROPOSED ORDINANE AMENDMENT(S) : � - I 6.23.4 Maximum impervious Surface Ratios [SEE ATTACHED TABLE BI EXISTING ORDINANCE PROVISION(SI : 6.23.7 Infiltration of the First 1 2 Inch of Rune f f om Impervious Surfaces( II Stormwater• runoff carries Large amounts of oil, nutrients, metals, baeterialand other pollutants. The ability of stormwater runoff is closely associated with the Land use from which it originates . The most significant factor is the increase of impervious surfaces which prevent the natural infiltration of water in to the soil. Most of the pollutant concentration is carried in the "first ftusi" of runoff. To control this pollutant toad within the Water Quality CriticallAreas the first half—inch of runoff from all impervious surfaces ! in new developments shall be infiltrated on—site. Developers shall . be required to submit documentation which indicates compliance with the specified standard. 1 • • • • PROPOSED ORDINANCE AMENDMENT IV : 1 • 1 6.23.7 Impervious Surfaces • Stormwater runoff from impervious surfaces generally carry larg!e amounts of all, nutrients, meta Ls, bacteria and other po lutants The amount of such pollutants in stormwater runoiff is closely associated with the tend use from which it • origlinates . An important determinant of water quality is the increase in impervious surfaces which prevent the nature • infilltration of water into the salt. Most of the pollutant concentration is carried in the "first flush" of runoff. To • controL this pollutant Load within the Protected Watershed—II district the first one ha Lf—inch (1/2") of runoff from aLL impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce off site; effects by minimizing clearing, compaction and overaLL site! disturbance, white maximizing vegetated areas for stormwater infiltration . Methods to accomplish this standard shall include, in order of preference: ' a. on—site infiltration through the retention of undisturbed, vegetated areas tar structural or engineered Infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff c detention structures that reduce the rate of runoff. Areas to which the standard app lies shalt include individual Lots or a new development as a whole. If app lied to a development as a who le, the applicant must provide for insta llation and maintenance of proposed stormwater management foci liti es. Applicants shall be required to submit documentation which indicates comp liance with the specified standard. An individual lot of 80,000 square feet or more in site created by deed or p Lat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a site plan which demonstrates that the development of- the property is in accordance with the intent ofi this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration , and protect critical drainageways and waterways from di rect runoff impacts . • • -- - ----- . 1 TABLE A . u • - 10€ ... MII1tTM 1MPEP.ITIOUS SURFACE RATIOS-GROSS LAND AREA- . - • • •2C2436 =at= = • M27tERV.AL. RZ•RSCCESTEAL - • CEMECOMIC . • AR 22 5.0% - 6.0% 22 6.0% - 6.0% . sr 22 6.0% 5.0% . . 22 6.0% 6.0% . . . . 6.5% - - 26 7.0% ' 7.0% . . - . ' a8 8.5% 8.9% 30 10.0% R4 33 14.2.i . 14.2% . • 35 38 17.0% 40 18.9% 13.3% 38 43 22.0% 22.0% . 43 24.5% • • , 10.3 50 31% . 31.0% . . rat 30 10.0% • 32 11.8% . • ' .1.1.8% ma 40 18.8% 18.8% . 42 21.0% 21.0%' . ce3 50 31.0% 31.3% 52 34.4% . . p.0 Gr..4 53 35.0% 16.0% 55 35.4% 35.4 SC5 53 36.0% • 35.0% - . 55 39.4% 35.4% Ct N3 19.8% 18.9% Isa 21.0% • a1.0% . • .- . a. 23 6.3% 6.3% 25 6.3% s.,30-. ... rr 23 5.3% 6.3% 35 . 5.9% 5.5% . 12 45 24.5% 24.5% 47 27.0% 27.0% . . 1 13 90 31.3% 314% 5a 34.1% 34.4% SD ... 6.0% 6.0% 6.0% 6.0% . .... . P1D 5.0% 6.0%...... -.. 6.3% 6.0% nownead. • • 7/6/92 . 5-2.9 - I 1.07 t 1 (TABLE B) I . 6. 23.4 MAXIMUM IMPERVIOUS SURFACE RATIOS . ZONING DISTRICT 1 WQCA PWII PWII (PUBLIC WATER/SEWER (PUBLIC WATER/SEWER UNAVAILABLE) AVAILABLE) i . AR 6.0% 12.0%. - 30.0% 0-1 6.0% 12.0% 30 .0% • . R-2 . 6.0% .12.0% 30.0% 11-3. 6.0% 12.0% ' 30.0% . . . . . R-4 6.0% 12.0% 30.0% R-5 . 6.0% 12.0% . 30.0% 0_S 6.0% . 12.0% 30.0% . 0-13 . 6.0% 12.0% 30.0% LC1 NA . 12.0% 30.0% • NC2 NA 12.0% 30.0% . • CC3 NA 12.0% 30.0% • . GC4 NA 12.0% 30.0% EC5 6 .0% 12.0% 30.0% 01 NA 12.0% 30.0% El . 6.0% 12.0% 30.0% I-1 NA 12.0% 30.0% 1-2 1 NA NA NA I I-3 NA NA • NA AS 6 .0% 12.0% . 30.0% ED NA 12.0% 30.0% • PID 6.0% 12.0% 30.0% 1 NA = Uses !permitted in these districts are _ not permitted in the Protected Watershed-II or Water Duality Critical Area overlay zoning districts. • 1 • nob. • EXISTING ORDINANCE PROVISION(S) : Impervious Surface Requalted in Protected Watersheds. An impervious surface is any surface thorugh which water cannot penetrate or can only penetrate slowly. This would include paved streets and parking Lots, concrete sidewalks, and structures which' cover land. As a watershed becomes developed, the amount of impervious surface increases causing a decrease in soil absorption of stormwater and an increase in direct runoff to streams and water supply impoundments. In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments impervious surface ratios shall be required as provided in Section 6.23.4. PROPOSED ORDINANCEIAMENDMENT(S) : S.24.9 Impervious Surface Regulated in Protected Watersheds REVISE An impervious surface is a surface composed of any material which impedes or prevents the naturel infiltration of water into the soil. Such surfaces shalli include, but not be limited to , streets and parking areas , sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution . In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, imper0ous surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section S .23.4. Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right- of—waif between the centerline of the street and the edge the abutting property Line of the lot. 1oS EXISTING ORDINANCE PROVISION(S) : (SEE 6.23.7) • PROPOSED ORDINANCE AMENDMENT(S) : 6.24.8 Control f the Fir____t 1/2"rof Runoff from Impervious Surfaces Stormwater runoff from impervious surfaces generally carry Large amounts of oil, nutrients, metals, bacteria and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the Land use from which it originates. An important determinant of water quality is the increases in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration - is carried in the "first flush" of runoff. To control this pollutant load within the Water Quality Critical Area the first one half—inch (1/2") of runoff from e l l impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce off site affects by minimizing clearing, compaction and overall site disturbance, while maximizing vegetated areas for stormwater infi ltrat!ion . Methods to accomplish this standards shall include, in order of preference: a. On—site infiltration through the retention of undisturbed, vegetated areas • b . latructural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of ;runoff • c. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new development as a whole. If applied to a development as a whole, the applicant must provide for installation and maintenance of proposed stormwater management facilities . Applicants shall be required to submit documentation which indicates compliance with h the standard. ) specified An individual lot of 80,090 square feet or more in size created LJy deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shalt be exempt from this requirement upon submittal of a site demonstrat s that the development of the plan which P property is in accordance ' wih the intent of this provision to minimize . overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration ; and protect critical drainageways and waterways from direct runoff impacts . I - ' ii.d The staff presentation was made by Susan Smith. . • Randyi Smith, agent, reviewed the project noting that the existing portion was presently zoned R-3 and that the Town of Hillsborough had agreed with extension'of utilities to service the new section. He continued that the remaining undeveloped portion of the property would remain R-1 as the applicants would wait until they were ready to develop the property to determine the zoning from the dictates of the market current at that time. • Pxlkey inquired about the exit patterns for the project. Randy Smith responded that the main exit would be Lafayette Drive exitimg onto both Old 'NC 86 and Oakdale Drive. . Pilkey inquired about the • number of houses proposed. Randy Smith responded 111 houses. • Bataan Smith cited page 182 of the agenda and the letter from NCDOT regarding access. - - Tom Teman, resident of the area, noted a storm sewer problem on Lafayette Drive. Be inquired about the intentions with the remaining acreage and the need for two exits. . Jim Sarick, resident of Cornwallis Hills,' asked if there was a - water pressure ' problem in this area. Susan Smith responded that Horace . - Johnson,..Water. Commissioner for the. Town of Hillsborough, had indicated there was good water•pressure in this area. She added that the applicants would have to make specific improvements to the services as part of. the development process. • Smith continued that NCDOT had estimated that 85% of the traffic would flow. to Old NC 86 and that 75% of that traffic would flow to I--110. She noted that road improvements would be required through the development process, a - specifically wider rights-of-way, turning and deceleration lanes. - • Ralph Cochrane, agent, noted that in their analysis Oakdale Drive is a viable secondary access. He commented that they had tried to acquire a second access auto Old NC 86 but had not been successful. . T.. . PROPOSED 73ONING ORDINANCE TEXT AMENDMENT$ • The presentation was made by Susan Smith. Concerns have been identified by the Board of Commissioners and the Orange County Planning Staff about feature* of the Special Use Permit and watershed standards. Recent changes in the General Statutes dictated amendments to Article 20 AMENDMENTS. � Thel proposed text amendments, if approved, would clarify and - • improve the administration of the Zoning Ordinance. . Smith noted there were a number of text amendments being put forth for consideration. The first is Article 6 ;YPL•x,C•ATION ' .OF' IMENSIONAL _ j,EQUIREMENTS. In the period of time following the approval of the Water Quality Critical Area and Protected Watershed II Zoning Ordinance text amendments, the staff has moniored the admiaistrata.vn of-these standards and has identified specific concerns to be addressed. These concerns have tracked similar concerns raisedlby members of the Board of Commissioners and by other local government staffs attempting to implement the State-Local Action Guidelines for - the Falls of the Neuse and Jordan watersheds. Specifically, these concerns include the complexity of the Impervious Surface Ratios Table as opposed to the - three-tiered approach endorsed by the TJCOG and the State of North Carolina; . the lack of recognition in the Table of areas already serviced by public water . and sewer services and developed at -higher densities given the provision of these services; the technical difficulties posed by a standard of stormwater management which relies solely. on infiltration; and the need to establish an acceptable guideline for implementation of the infiltration standard by type of land use, particularly large lot development. The particular items are: 6.23.4, 6.23.7, 6.24.6, and 6.211.8. - These track each other within the two watershed districts and, specifically, provide for the control of the first 1/2 inch of runoff from II I • • 1 12 impervious suifaces in protected watersheds in one. of three ways. The • preferred method is on-site infiltration through the retention of undisturbed, vegetated areas; the other two methods are structural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff and detention structures that reduce the rate of runoff. These methods will be used on a site specific basis. Smith noted that Orange .County is the only agency at this time which is evaluating every project that is in a protected watershed. It is felt that a mininim cutoff is reasonable from a technical and administrative standpoint in terms - of evaluating a site • plan. Staff would like to provide some flexibility in the administrative procedures so that those sites 80,000 sq. ft. or larger would not have to be reviewed through detailed calculations, yet would have, some site specific . requirements. Also proposed is a revision of the Impervious Surface Ratios Table by district to reflect State requirements. Gordon inquired-if the Planning Board reviewed these proposed. amendments. Smith responded yes. Smith continued with Article 8 ZelEnlaWantutta • In reviewing recent requests for the issuance of Special Use • - Permits, members of the Board of Commissioners and Planning Board have_ expressed coacen regarding the burden of proof in determining compliance with . the General Standards'specified in Section 8.2 of Article 8. The Ordinance provides that' where the Board finds a preponderance of evidence to indicate Compliance with the general standards, specific rules' governing the specific use and that the use complies. with all required regulations and standards, the • aplication must) be approved unless the Board finds, in some specific manner, • that the general standards have not been satisfied. Under the present Ordinance, the burden of proof'rests primarily with those opposing the issuance of the SpecialiUse Permit to prove that the general and/or specific standards have not been satisfied. - Theiproposed amendment would require the Board to make specific findings that the general standards have been met. Those opposing the issuance of the Special Use Permit would continue to have the burden of proving that the . general standards have not been satisfied. Kizer expressed concern about the proposed amendments, -noting that what was currently in the ordinance was precisely what the County Attorney had . advised and that the County Attorney bad stated during the preparation of the Ordinance thatlwording such as that proposed was incorrect. He felt what was • proposed was significant and needed to be addressed. He continued that to require the applicant to meet all aspects of the general standards is unreasonable, particularly in the consideration that the general standards . serve as the catchbasin for what the staff and Boards missed. • He noted that the Courts have demonstrated that they will not uphold such ordinances if the applicant does' not know the specific requirements that must be met. He reviewed the court literature on the issue. He maintained that the process is failing if thelCounty does not anticipate specific requirements in advance for the applicant to be aware of and to answer in the application. Commissioner Lloyd commented that it makes the applicants "guilty before proven innocent". • Gledhill commented that the provision as spelled out satisfies the • decision of the Court. . He asked that he be allowed to provide the Board with further -information on this matter. Gledhill continued that offhand he objects- - I� to using generalized findings, though he recognizes they are used by other jurisdictions, as they are not informative of the process. He cited a 1984 Court of Appeals decision on such a matter' noting that one cannot determine from the decision what went on. Commissioner Willhoit commented that he was concerned about competent evidence and the need for more specific criteria.' Gledhill responded that there is a difference between showing that 1, you are meetingthe'general conditions versus shifting the burden of proof. As' . • 1-3 • the current Ordinance provides, the applicant must show or establish that he has provided everything required by the Ordinance as opposed to proving some specific health, safety and welfare issue. He'continued that if the process is being followed appropriately, then the current Ordinance provisions are satisfactory. Kizer , noted that educative information is needed for the citizens on these matters. Smith cited the letters regarding the special use permit procedures forwarded to all affected property owners as part of the notification prOeess, an example of which may, be found on page 106 of the agenda package.I • .Cordon questioned the last paragraph of page 201. Gledhill responded than this occurs only after the applicant has established his evidence. • iizer indicated that those in opposition should have Teal, • legitimate evidence of a concern which the applicant should then be aged to address. Otherwise, the ordinance requires that the permit be issued. Bobby Nichols expressed concern with the proposed amendment and • . agreed with Dr.IBizer's position. Gordon commented that she favored the proposed wording. �OORNNENT • • Chair Willhoit adjourned the meeting. The next regular meeting will be . . held on September 3, 1985, 7:30 p.m. in the Commissioners' Room of the Orange . County Courthouse, R1.31nborough, North Carolina. Don WilIhoit, Chair • Joanna Bradshaw, AdmirdRtrative Secretary • Beverly A. Blythe, Clerk . • • • • • • • • • • • I flew For _ Ir cop p4ipi thr, PAGE 9 MOTION: Kizer moved approval of the staff recommendation. Seconded by Kramer. VOTE: Unanimous . AGENDA ITEM 7b (1) Watershed Standards—Buffers amd Infiltration Standards Presentation by Smith. MOTION: Pilkey moved approval of the staff recommdations including the revisions recommended by staff as follows: Section IV—B—9—b—2 1) The stream buffer shall be measured from the edge of stream banks for a distance of fifty (50) feet therefrom and shalt be provided along both sides of at ! perennial streams. Section IV—B-9—b-3 • 2) Within the stream buffer, Land shall. be retained in its natural state (Continue with remainder of subsection) . VOTE: 10 in favor. • 1 opposed (Shanktin) . AGENDA ITEM Be (2) ARTICLE XX—Notification Presentation by Smith. MOTION: Kizer moved approval of the staff recommendation . Seconded by P1 [key. VOTE: Unanimous . AGENDA ITEM Oa (1 ) ARTICLE VI—Watershed Standards—Impervious Surface • and infiltration Standards Presentation by Smith. P1 [key noted that the Water Resources Committee had reviewed and recommended these amendments . MOTION: Pilkey moved approval of the staff recommendation . Seconded by Walters . VOE: 10 in favor . 1 opposed (Yuhasz) . AGENDA ITEM Ba (3) ARTICLE VIII—Special. Use Permits 114 • PAGE 10 Presentation by Smith . Smith noted that the staff recommendation endorsed the attorney 's version . MOTION: Jacobs moved approvat of the attorney's version . Seconded by Shanklin . • VOTE: Unanimous . . AIIMBIENNIs 115 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT NOVEMBER 19. 1985 ActionwAunda Item SUBJECT: PLANNED DEVELOPMENT REZONING EXTENSIONS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : SUSAN SMITH Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider the extension of time Limits on (5) planned development amendments whose approvals have expired . NEED: Sections 7.2.8 and 7.9 of the Orange County Zoning Ordinance require that construction on property subject to planned development zoning amendments begins within six (6) months of Board action establishing a planned development district . Secti n 7.2.8 provides that "construction must start and proceled at a reasonable rate within six months of the approval of the permit . If no construction has started the permit becom!es null and of no effect . The owner can request a six month extension from the Board of County Commissioners if the reque6t is received before the permit expires . " Section 7.S provides that "if actions required in any amendment estab6shing a PO district are not taken within the time limit set, the Zoning Officer shall review the circumstances and recommend to the Planning Board and Board of County Commissioners : al that PD zoning for the entire area be continued with revised time limits; or b) that PD zoning be continued for part of the area , with or without revised time limits , and the remainder rezoned to an appropriate category; or c) that the entire district be rezoned from PD to an appropriate category ." I 116 ALL Manned development rezonings require the issuance of a Class A Special Use Permit . Prior to recordation of the Class A Special Use Permit the applicant is required to satisfy certain conditions of approval, including the revision of tha sitelplan(s) [where necessary) and the issuance of appropriate deveCopment permits and approvals , including , but not limited to, Landscape plans , drainage and stormwater control plans , fire flow reports, zoning compliance permits (Town of Chapel Hill—applicable to roads) , utilities approvals and permits , etc. Following issuance of the Special Use Permit other approvals may be necessary before actual construction may begin including construction permits , grading permits , NCDOT street construction plan approvals and driveway permits, etc . The following projects have been issued Special Use Permits but have not initiated construction activity because of required additional Town of Chapel Hill and federal approvalE and pe rmits a BROOKSTONE [approved 11/20/84) OPC ALCOHOLIC REHABILITATION CENTER (appoved 11/5/84) The following project has not been issued a Special Use Permit ! becaue of delays in obtaining Town of Chapel Hill approvals and permits required for the issuance of the permit : I SEDGEWOOD APARTMENTS (2/19/851 The following projects have not been issued Special Use Permits because revised site plans have not been submitted: OCCONEECHEE POINT I (approved 11/5/84) OCCONEECHEE POINT II (approved 2/19/85) IMPACT: Approval of the time extensions would allow additional time for the satisfaction of conditions of approval imposed and I additional development permits and approvals required for construction to begin . A decision not to approve the time extensions would require that a public hearing be held on the rezoning of the property(s) in question to an appropriate zoning district . RECOMMENDATION: Extension of the planned development rezonings for the aforemlentioned projects for (6) months to allow additional time to obitain appropriate permits and approvals and to initiate construction activity. The Or nge County Planning Board will consider this item at their November 18, 1985 meeting . 117 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA 1TEK ABSTRACT Item No. rhf Meeting Date: NOVEMBER 19, 1985 SUB3MOD: EFLAND SEWER OPERATING RULES AND REGULATIONS DWAREMENT: COUNTY MANAGER PUBLIC BEARING: __Yes _LAO 1 ASTACHMENT(S): I INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: RULES AND REGULATIONS DRAFTS Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 URPOSE: TO nsider a draft set of rules and regulations for adoption. cli NEED: Revisions from both the Board and County Attorney have been incorporated. IMPACT: Farmers Home requests that a set of rules be adopted before other processing steps and well in advance of project construc- tion. I RECOMMENDATIDN(S) : For Board approval. •• COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE • ATTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGH,N.C.27278 919-732-2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING November 27, 1985 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 919-929-7M ALONZO B.COLEMAN.JR. grETEITA.Emommz DONALD R.DICKERSON ROGER B.BERN-HOLZ GEOFFREY E.°LEI:Mil-J. DOUGLAS HARGRAVE MARTIN J.13ERNHOLZ DR. Beverly Blythe RICHAR J.SNIDER, JANE G.de LTSSOVOY Clerk to the Orange County Board of G.NICHOLAS HERMAN LYNN A.ANDREWS !Commissioners 106 E. Margaret Lane of counhed BONNER D.SAWYER Hillsborough, North Carolina 27278 . . M02-19M : Re: Efland Sewer System Rules- and Regulations Dear Beverly: Enclosed is a revised set of rules and regulations conforming with Board changes which occurred on November 19, 1985. Only page 5 has been changed and only in Section VII C. In all other respects they are ath presented to the Board on November 19, 1985. After reviewing the rules and regulations it seems to me that the revision of the basis for charging customers using well water can best be handled in Attachment A. Attachment A will be revised and presented to the Board for its review and approval upon my completing the research necessary to make a recommendation to the COunty Manager. Very truly yours, 4117046:1- ey Gledhill GEG/lsg Enclosure cd: Ken Thompson OFFICIAL COPY NORT7 CAROLINA • RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR THE OPERATION OF A SEWER COLLECTION • TREATMENT SYSTEM TO SERVE THE ORANGE COUNTY EFLAND AREA OF ORANGE COUNTY • Be it resolved by the Board of Commissioners of Orange COunty that the following rules and regulations shall goveln the operation of the Orange County Sewer Collection • and Treatment System serving the Efland area of Orange County • [hereinafter called the System] . I. CLASSIFICATION OF SERVICE (Reserved. There are presently no separate classifications of sewer service.) II. WASTEWATER TREATMENT LIMITATIONS Orange County has contracted with the Town of Hillsborough which contract provides that the Town will treat wastewater generated by the System subject to the following conditions contained in the agreement between the County and Town: No customer shall be allowed to connect to the County system unless and until such customer ' s proposed discharge has been found acceptable by both the Town Water Superintendent and the County. Approval shall be predicated on (1) the quality of the effluent of the potential user tiaft compatible with the Town's NPDES discharge permit, (2) 1 • , ' • compliance with the Town 's ordinance, rules and regulations concerning pretreatment of industrial wastewater, and (3) all County (subdivision, zoning, erosion, building, etc.) and State (DOT, etc.) permits having been properly granted. Under no circumstances will the County permit the discharge of septic sewage into its system. III. RATE SCHEDULE AND AVAILABILITY FEES A. Rate Schedule - Based upon monthly water consuplption: See Attachment A. B. Availability Fees: Each person , firm , or corporation connecting to the system [hereinafter user or users] other than those initially connected from among those initially applying for connection, shall pay a $600.00 per residential equivalent availability fee to the County and a $400 . 00 availability fee to the Town of Hillsborough. Availability fees may change from time to time pursuant to duly enacted resolutions of the County and the Town. Those users initially connecting, from those initially applying for connection, shall be exempt from the availability fee. The initial application period expired February 4, 1985. The initial connection deadline will be established by resolution of the Board of County Commissioners. 2 . . - , .. . . , C. Acreage Fee [Reserved] . D. Stub-out/Service Line Fee [Re:.5.erved] . .. IV. APPLICATION FOR SERVICE .. .. Persons seeking service may make application . . in person at the office of the Orange County Planning 1 .; • Department. The application requirements are as follows: 1. A deposit as provided in Article V of these rules must accompany the application. A Sewer Use and . . Easement Agreement must be on file, signed by the property . . owner(s) . 2. The conditions set forth in Article IX of .. these rules must be satisfied in the case of an application for service to undeveloped land. 3. Any former user may again become a user ' by fulfilling the application requirements set forth in this I article and by paying any applicable availability or other fees. In addition, any such former user applying again to be '‘. a use1 must pay any outstanding account plus interest thereon at the legal rate as it is established in North Carolina General Statutes Section 24-1, its successor, and as the same I is amended from time to time, compounded annually. Any person who has actually used and benefited from sewer service which, has been supplied to premises owned or directly . I occupiied or used by that person, for which service there is I an outstanding indebtedness remaining due the County, may I.. becom a user by completing the application requirements in 3 I ■ this article, by paying any availability fee or othe applicable fee and by paying the outstanding indebtedness fo the service which was supplied to the premises owned o directly occupied or used by such person. 1:4 V. DEPOSIT vL A. A minimum cash deposit equal to th average projected sewer bill based upon the average presen. .2;.• • water usage or predicted water usage is required of al user. Deposits will not draw interest. B. The user is primarily responsible fo , payment of all monthly service charges incurred in connectio with sewer service. The property owner is , however • responsible for all charges as provided for in the Sewe Easement and Agreement. C. A separate deposit will be required fo each connection. D. Each deposit may be redeemed by the user upon disconnection from the system and upon payment in full of all charges for service. VI. INITIAL OR MINIMUM CHARGE A. There will be a separate account established for each sewer connection to the system. Each such account will be in the name of the user. The minimum monthly charge as provided in the rate schedule will be made for each account for any monthly usage up to the minimum 3,000 gallons. 4 1 B. - In those cases where the connection is to property which receives its water by well, the minimum • monthly charge will be that established in the rate schedule unless water consumption exceeds the minimum contained in the • rate schedule. The County reserves the right to meter the well of any user to determine that user's water usage. • VII. COUNTY'S RESPONSIBILITY AND LIABILITY A. The County will run a service line from its collection line to the property line, except as provided in Article IX, relating to extensions of the system. B. All plumbing installed by the user for • connection to the system will be installed according to the North Carolina State Plumbing Code and will be inspected and approved by the Orange County Inspection Department. 40 be, C. The County is not liable for damage of • any kind resulting from sewage or its collection from the • user's premises, unless such damage results directly from negligence on the part of the County. The County is not responsible for any damage done or resulting from any defect or operation failure in the plumbing installed by the user, or in Lny fixtures or appliances on the user's premises. The County is not responsible for negligence of third persons in the installation or operation of the System. The County is . not responsible for damage caused by forces beyond its control or for the interruption of service caused by forces • beyond its control. 5 . I . , D. Except in the case of an emergency, the user will, be notified in advance of any anticipated interruption of service. In the case of an emergency the user will be notified as soon thereafter as possible of the interruption of service. • VIII. USER'S RESPONSIBILITY A. The user is responsible for installing all plumbing and apparatus necessary to connect to the • - • County's service line and for connecting all plumbing and apparLus to the County's service line. B. All plumbing and apparatus installed by the user will be installed and maintained at the user ' s expenSe in accordance with the County's rules and regulations and any other State or local requirements. C. The user will exercise reasonable care and will be responsible for the exercise of reasonable care by anyone on the user's premises with the user's permission over Lly portion of the County system located on the user's premibes. Authorized County representatives will be permitted by the user to access the user's property in order to inspect as needed portions of the County's system located on the premises of the user. D. The user will be responsible for the cost of necessary repairs or replacement of lost orl -dgitgrged property of the County which is part of the System or used in the operation and maintenance of the System which repair or 6 , • • • • replacement is caused by or results from the negligence 0, wrongful act of the user, the user's agents or employees Likewise any damage or injury to persons or property whic occurs on the premises of the user and which is caused by o. results from the negligence, or wrongful act of the user wil be the sole responsibility of the user. E. The amount of any such loss or damage o the cost of repairs or replacements will be, when applicable added as a charge to the user's account which charge will bz..- added in full to the user 's next statement unless othe arrangements are made which are satisfactory to the County. IX. EXTENSIONS OF THE SYSTEM System extensions to serve undeveloped land may occur, but only as follows: A. All such extensions must be consistent with the overall System plan as adopted from time to time by Orange County and must be approved by the County Engineer. B. Extension of the System to new developments can only be approved by the County Engineer if all zoning, subdivision and land use plan regulations of Orange County or the Town of Hillsborough, if applicable, are met. With respect to subdivisions, the subdivision preliminary plat must be approved by the County or the Town, if applicable, which preliminary plat shall include approved preliminary plans for the System extension. Planned 7 - • development plans which include System extensions must include approved preliminary plans for the System extension. C. All System extensions must be consistent with Goal 9.3 of the Orange County Land Use Plan which goal "prohibit [s] the establishment of public water and sewer services in the areas designated water quality critica".„ areas, except to address emergency situations." D. All System extensions shall be installed according to and in compliance with approved plans. • E. Construction of System extensions will be inspected by Orange County or its engineer at intervals determined by the County. The person seeking System extension agrees to permit access to the System and the System extension for inspection purposes. User connections to the System will only be permitted after the extension of the System is finally approved in writing by Orange County. P. Upon the completion of the System extJnsion the owner/developer will convey by deed or other • apprffriate instrument all, portions of the System extension, including but not necessarily limited to right-of-way easments , collection lines, service lines , stub-outs , permits, pump stations and equipment, plumbing facilities and hardware. All System extensions will be at no cost to Orange • County. 8 X. ACCESS TO PREMISES OF A USER A. It will be necessary for the safe and • efficient operation of the System for duly authorized agents of the County to have access at reasonable times to the .. premises of the user for the purpose of installing, removing, inspiecting and otherwise maintaining portions of the System and for the purpose of reading and testing meters and for any other purpose in connection with the installation, operation and maintenance of the System. Each user and property owner • upon whose property any portion of the system or connections to 1Lt is located recognizes this need and by making application for sewer services grants authority to authorized agenLs of the County for this purpose. B. The Sewer Easement and Agreement includes a grant to the County of an easement for the purposes described in that agreement. Each user and owner by making application for sewer services acknowledges the easement and the rights described in that easement. • XI. CHANGE OF OCCUPANCY The owner of property which is served by the System is ultimately responsible for all sewer service charges as set out in the Sewer Easement and Agreement. Furthermore, any change in the use of the premises which is connected to the System will be communicated to the County and the Town of Hillsborough for prior approval as described in A ticle II of these rules and regulations. 1 9 i . , _ - XII. METER READING - BILLING - COLLECTING A. Orange County records will be the basis for all charges for service. All users are encouraged to • maintain receipts and other payment information and to bring any iscrepancies in the user's records and the County's records to the attention of the County immediately so that corrections, if any, can be made. The specific procedures to I be f4llowed in the event a user believes there has been a j bulling error are described in Article XIII. B. Meters will be read and bills rendered in accordance with the policies established by the County and any agency with which the County may contract. The County reserves the right to vary the dates or length of time covered by any statement, temporarily or permanently, if necessary for the efficient operation of the System. C. Statements for sewer service will be computed on the basis of the published rate schedule then in I effect. D. Charges for sewer service commence when connection to the System is complete as prescribed and described in the Sewer Easement and Agreement. E. Each sewer connection will be separately I metered and will be maintained as a separate account. 1 F. Payment is due when the statement for sewer service is received and delinquent 20 days after the statement date. If payment is not made within 20 days after 10 1 0--- , - • - 4 - . the statement date, sewer and water service may be disContinued. Statements will be sent to the address of the user as it appears on the application for service made by the • user. It is the user's responsibility to immediately notify Orange County of any change in this address. The user' s 1 failure to receive any statement or notice when it is addressed to the user at the address contained in the application shall not be a basis for forgiving delinquent • payment and shall not be a basis for forgiving discontinuation of service. G. Unpaid charges are a lien on the property connected to the System as provided in the Sewer Easement and Agre ment. XII. DISCONTINUATION OF SERVICE A. When service is discontinued, the deposit made by the user will be applied by the County toward settlement of any unpaid account. Any balance will be refunded to the user unless the amount is less than $1.00. If the deposit is not sufficient to cover the outstanding account balance, the County may proceed to collect the balance in the manner provided in the Sewer Easement and Agreement or in any other manner provided by law for the collection of a debt. B. The County, in addition to prosecution as provided by law, may discontinue and permanently refuse service to any user or property owner who tampers with a 11 ZIOZOINIMMIno■r meter or sewer connection which sewer connection has been approved by the County. Any sewer connection not approved by the County may be disconnected by the County and service refused to those participating in the unauthorized connection or its use. XIII. COMPLAINTS - ADJUSTMENTS A. If a user believes any statement of charges to be in error, the user may present a claim in person to the Orange County Planning Department before the statement becomes delinquent. Any such claim made after the statement has become delinquent will not be effective in preventing discontinuation of service as provided in these rulei and regulations. The user may pay such statement under protest and the payment will not prejudice the claim in case an error is found. Adjustment will thereafter be made for any uch error. B. Request for special meter readings or • test will be governed by the rules and regulations • established for that purpose by Orange County and its agents. 1 XIV. RETURN CHECK FEE Each check for payment made payable to the County is accepted subject to collection. A service fee of will be charged for each instance when such • check is not honored for payment by the bank or other institution upon which it is drawn. This service fee will be added to and become a part of the monies due the County for 12 7z which the dishonored check was drawn and will be payable upon notice that it is payable. XV. ABRIDGEMENT OR MODIFICATION OF RULES, A. No promise, agreement or representation of any employee of Orange County will be binding upon the Counpy unless it is agreed upon in writing, signed and I accel)ted by the duly authorized officers of the County which authorization must be accomplished by resolution of the Board " . . of County Commissioners. B. No modification of rates or any of these rules and regulations may be made by any agent of the County. Any modification of rates and these rules and regulations will be accomplished by resolution of the Board of Commisioners of Orange County. XVI. ADOPTION OF RULES Until further resolution of the Orange County Board of Commissioners, the rules and regulations set out above are adopted as of the date below and become effective on and after November 19 , 1985. Upon motion made by Commissioner Moses Carey seconded by Commissioner Shirte Mlarshafl the foregoing resolution was adopted by the Orange County Board of Commissioners this the 19th day of November , 1985. 13 csommimmunie. i ATTACHMENT A First 3,000 gals. @ $15.20 (minimum charge) Each additional 1,000 gals. (or any portion thereof) @ /1000 gals. This rate schedule is subject to change based upon up-to-date projections of the actual cost of operations and actual cost of operations. .41 ' • • 14 132 ORA= mar BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA mai ABSTRACT Item No. f141 Meeting Date: NOVE14BER 19, 1985 SUBJECT: WATER SUPPLY AND USAGE IN THE UPPER ENO RIVER BASIN DEPARTMENT: COUNTY MANAGER PUBLIC HEARINV: Yes JLN0 AMMIENT(S): INFORMATION =TACT: MANAGER'S OFFICE, X501 YES TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive an update on what studies reveal as to the condition of the River and to decide (1) how the Board wishes to proceed on the report and (2) what to respond to Hillsborough's request for a meeting to discuss the 1985-86 allocation of State funds for water and sewer projects. NEED: A report on water resources is attached which addresses the issue of how much water withdrawal and instream flow can be permitted during extended periods of low flow, given the supply capability of the river and its reservoirs. *die various aIt;ernatives combinations are identified they all point to the 1 river being at or near capacity condition. Board guidance is needed on what course of action it wishes to follow with the water utilities and other interested parties to discuss the findings and to decide what should be done as to the action steel set forth in the report. An ordinance to implement one of the action steps will be presented at a later date. Inf rmation on the allocation of State funds is again attached. RECOMMENDATION(S : I As the Board decides. '?.. . . . ORANGE COUNTY INTEROFFICE MEMORANDUM - .. TO: Board of Commissioners FROM: County Manager . . .. SUBJECT Water Supply and Usage in the Upper Eno River Basin DATE: November 15, 1985 , . , . ThiS report has been compiled to aid in the evaluation of the water supply adequacy of the Upper Eno River. Recent periods ! of drought coupled with the prospect of increased water-uSe demand from growth have caused past assumptions of adequacy to be called into question. The report's conclu- sions'.: are that supply is inadequate; stop gap measures should- .. be undertaken to better manage water during a drought in .. order to protect the public health and safety; and that on a long range basis, major additional water supply should be . developed. Additional supply is the only real solution to . '.','... the supply inadequacy. • i . Special thanks is due John Wray, Al Dieteman, Jeanne Csapo and David Crawford of the ND Division of Water . . Resources; Don Cordell of Hazen and Sawyer, P.C.; Geoffrey Gledhill, county Attorney for their assistance on this report - 1 together with the action measures which will be recommended , in follow up to the report. - I I. BACI6OUND 1 . Abse,In ce of rainfall in the summer of 1983 brought a . . cessatidn of natural flow in the Eno River. This affected the water level of Lake Ben Johnson which in addition to . . supplying the daily usage requirements of the Town of . • Hillsboreugh also was the supply for water sales to the . , Orange Water and Sewer Authority (MAW . On the day (August 23, 190) the lake reached 24 inches below full Hillsborough t ' called upon the County to replenish the reservoir from Lake Orange and enable it to begin water transmission to the OWASA. and that point until major rainfall resumed October 20, 1913 Hillsborough/OWASA and the Orange Alamance Water System (029 were dependent upon water releases from Lake - Orange to meet their supply requirements. As the drought continued and Lake Orange was steadily drawn down questions arose as to how much water volume was actually left in Lake I Orange; Ihow -much of this could be used given the higher sediment concentration at lower lake levels; how much could be released by opening previously unused valves or by installing temporary pumus; and how many days could water releases i be maintained. i . , e 2 . Fortunately, the 'resumption of rainfall avoided the . depletion of all water in storage. The thought of what could have happened, however, prompted an interest in studying the frequency and duration of water supply conditions on a multi- . year basis. To this end a Water Committee was formed by the Board of Commissioners of Orange County (consisting of the water utilities of Hillsborough, MASA and OA together with the County) and the Division of Water Resourses of NEED was called upon to provide stream data to support the effort. This work was interrupted pending the completion of the State's study of Virginia Beach's claim of water from Lake Gaston. In the Spring of 1985 work on the Upper Eno began .' again culminating in the development of data shown under - Section V of this report. , II. MAKE UP OF THE •!ER 2k, R ar For purposes of this study the term "Upper Eno River" is . meant to refer to that part of the Neuse Basin bounded by the `'.. drainage area of Hillsborough, and the upstream vicinity in ., Efland and Cedar Grove townships together with related , . ., . reservoirs. It is referred to as one of the "headwater ? . areas" of the Neuse Basin. The most northerly points are the ' east and west forks of the Eno. The southern measuring point tf .i. is the former U. S. Geological gaging station site (Lunber 2- 0850) just below Lake Ben Johnson at Hillsborough. . ,-i Three man-made reservoirs lie within this expanse of , river. The uppermost is Lake Orange which is owned by Orange County. Built in 1969, it has a steady state safe yield of 2.2 million gallons a day (with one failure in 40 years) from 1,403 acre feet of total storage (1,394 acre feet of usuable storage) and a drainage area of 9.12 square miles. L Next is Corporation Lake owned by the Orange Alamance Water ,,.. • Corporation. It was constructed in 1965. The independent safe yield without Lake Orange is unclear (though rated at .79 MGD) because the present facilites do not permit , operation of the lake at less than full pool volumns. In . order for water to pass downstream it must flow over the spillway. The yield without Lake Orange in place would be much less. Its total storage is 72 acre feet (61 of which is useable) stemming from a drainage area that is four times (41.16 square miles) the drainage area of Lake Orange. The third reservoir is Lake Ben Johnson, built by the Town of Hillsborough in 1955. It has an independent (i.e. indepen- dent of Lake Orange and Corporation Lake) yield of .44 Mu, . total storage of 73 acre feet, usable storage of 66 acre feet and a drainage area of 59.81 square miles. See attached Upper Eno River map. . ; . e , Several observations can be noted as to the functioning of the three resevoirs. First, they are interrelated in •, their operation during a drought. When the normal river flow • ceases water must be released from Lake Orange to meet the :.•' ,le supply needs of Corporation Lake and Lake Ben Johnson. Secondly, all three reservoirs capture runoff from a limited area. While ostensibly the conbined drainage area consists ze. of 59.81 square miles, the effective drainage area (i.e. the , . ■ + ' 3 area for which run-off may be captured) , based upon present _ operating practices, is at times as low as 27.77 square L miles. 'These practices (i.e. having to keep the augmented - . water supply at dam level in order to pass water to Ben Johnson) prevent the reservoir from capturing the full runoff . 1 = from its drainage area. The same condition has existed to a c - lesser extent at Lake Ben Johnson where the shallow depth of the intake and reluctance to use the release structure • prevent full use of storage. , . Thirdly, while the Upper Eno River Basin is relatively . small the distribution area is considerable. Orange Alamance serves customers in two counties and two major basins (Neuse ' and Cape Fear) . By the same token Hillsborough's water sales to CATA$A have resulted in water distribution and ultimate loss tolanother basin. - 1 t - III. % . DIN Tp BE ANSWERED AND DEFINITIONS [ . ' 1 What is the capability of the Upper Eno River with its reservoirs to accommodate water withdrawal and instream flow protection demands? Stated in other terms, to what extent is the river at capacity given the withdrawals being made? If . e capability is low or under capacity use conditions what should be done about it? By "water withdrawal" it is meant to refer to the rates of water removed from the river for purpose S of treatment and sale (wholesale and retail) . "instrebm flow requirement" is the term given to a variety of •governmental measures designed to maintain certain minimum flows in rivers and streams. These measures take the form of - - requirements to ensure water quality, sustain fish life and preserve habitat fer fish or game. The concept of maintaining a minimum flow release from water sppply impoundments dates from about 1960. Laws to implement the concept were passed in 1967. Recent projects in the 'triangle area, including the Little River Dam and the Eno River withdrawals for the City of Durham and the tempordry and permanent impoundments on Cane Creek for GWASA have each been assessed with a prescribed minimum flow release incorporated into one or more of the various permits for construction. The proposal by the State NRCD Division of Water Resources to establish a minimum instream flow require- ments en the Eno River below Lake Ben Johnson is preceeded by • such action involving the City Lake at Rocky Mount. As related to Orange County the State is a downstream reparian owner With the presence of the Eno River State Park in Orange County 1 rv. METH Iwo , . In seeking to answer the first study question the Division of Water Resources used what it called the Recursive Simulation Computer Model to the analyze the River as it is currently operated. At the County's request it took into account different withdrawal rates as might be applied assuming water use restrictions during danger periods and various factorings for instream flow protection. measurement of river flows was based on data recorded over a 40 year 1 t • i , . 4 period from 1931 to 1970 by the Eno River Gage at Hillsborough. The modeling assumed that 40 years is a 1:. suitable statistical sample to plot operating alternatives - and see the resulting impact on the river and Lake Orange, the back-up reserve water supply. . q , $ V. FiNDINGS ,. . . . Records from the Eno River Gage at Hillsborough indicate SI that for the 40 years of record, there was some flow in the ..' river every day. Only 6 years of that 40 year record show !, periods of 7 days where the flows were less than one cfs. However, the Eno hydrology is quite fragile. The record indicates that there are extensive periods where the flow is less than 10 cfs. In fact, 19 out of the 40 years had periods of 60 days or more where the flow was less than 10 .-; cfs. This led to posing nine . hypothetical with- , , - drawal/conservation/instream flow alternatives set forth in " the table. . The first alternative (Number 1) is the present condition. Withdrawal is at a high rate, although not as high as agreements would allow (CNW, could purchase up to 2 million gallons a day) . Of the 3.50 mgd, .6 mgd is the '-: recorded amount withdrawn by OA during July and August of ,'. . 1983, and 1.3 or more was withdrawn by nilleborough for Town , customers six of the twelve months of 1983 (January, ,-. February, July, August, November, December) , and an additional 1.6 was withdrawn by Hillsborough in September for .sale to OWASA (1.3 in October) . Conservation measures are not in place and no allowance is made for maintaining a prescribed instream flow level. The likelihood of problem is set forth in columns 4 thru 9. Eighty four percent of the time Lake Orange would be in normal state (i.e. greater than or equal to 60% storage) . There would be 11 crisis periods- ', one lasting 116 days; another 79, another 68 and 8 lasting 60 days or less. Storage would be drawn to almost dry or dead pool for many of those periods—measured at 4.51 cfs (cubic feet per second)--days, or .25 mg of net storage left or 0.1 usable day of storage remaining (2.4 hours) . Alte. . i e --, assumes a rate of withdrawal where water-use restrictions are in place during a drought yet no conservation or instream flow requirements apply. Under this senario Lake Orange would be in normal state 91.2 percent of the time. There would likely be 2 periods of crisis where Lake Orange would be at 20% or less of supply lasting 72 and 5 days in duration. Least storage as days left in such case would be 4.99 cfs-days or .55 mg net storage left and .3 remaining 1 I days (7.2 hours) for which storage could be relied upon. , `. aternetive 3 assumes that withdrawals would be limited to the level of Lake Orange's full safe yield. Also it is assumed that conservation measures would be adopted by all jurisdictions utiliiing the water and that the jurisdictions would agree to the State's recommendation to release and pass •J. through 1.1 mgd (1.7 cfs) for instream flow below Lake Ben Johnson. This would result in Lake Orange being in normal ..e. state 71.0% of the time. There would be 19 crisis periods ;., t . $ i • i 5 --. 1 over a 40 year period lasting 135, 118 and 92 days and 16 periods of 92 days or less. AlternakiMaei assumes that t . restrictions on withdrawal would begin to be imposed at 2.21 mgd (the 60% level) and that a lower instream flow require- k.- --- went would be used than what the state has recommended. This instreaffi flow amount is the 7Q10 below Lake Ben Johnson, 14 unadjusted by the amount of water withdrawals. Alternatives . . . . 2, 6 and,7 show further variation. The atb AitmilAtimg projects a withdrawal amount without water purchases by =:= . owAm. This may or may not be possible. while the increased water . Supply capacity available from Cane Creek by the temporary impoundment (an estimated 2.3 mgd which is over and about University Lake's 3 mgd and .5 one-time supply at the stone qdarry) is an important and long awaited step in water . 1 -- resources development for Orange County it is limited and • will not eliminate the potential for water supply shortage under extreme or protracted drought conditions. The WASP. is '-; faced with the same dilemma as utilities in the central portion :of the County. Until the permanent reservoir on Cane Creek is completed (projected for 1989) or another ?. . significant source(s) of supply is added, water supply capacity in the Orange will remain a limited resource and 4 should be treated accordingly. t . Alternative 9 assumes that (a) optimum withdrawal could • be made, (b) all, supplies are fully utilizable, (c) lake•levels at Orange and Ben Johnson are raised through use of flashboards, (d) expenditures would be made to overcome , facility constraints, and (e) that all three reservoirs are operated t. t i."pd system by a single reservoir operator ' with authority and capability to manage the system. Corporation rake and Lake Pen Johnson would be kept at approximately 3 feet below the dams (would necessitate lowering the shaft and raising the pumps at Ben Johnson and installing a gravity bypass at Corporation Lake) to capture flow from their drainage areas. Lake Orange would be kept • for reserve. - There would, moreover, be a water purchase agreement in place with Mebane or Burlington to activate as drought Conditions worsen. Lake Orange would be in normal • - . state 894 percent of the time. There would be 17 crisis periods I,(i.e. water level at or below 20%) lasting 112 days, i 58 days,■ 44 days and 14 others lasting 44 days or less. I The findings reveal that when current and alternative withdrawal/conservation/instream flow combinations are applied against the historic flow data the river and its reservoirs are at capacity. Variation in the combinations present different levels of risk for incurring a water shortage, of undetermined duration. The existing water supply is inadequate to meet the existing demand of 'withdrawal under the current contractual situation. Were . CWASAtol be able to discontinue its water purchase contract it would: take only a small amount of growth in water use to - again exbeed the capacity of the river and existing reser- voirs. Crowth above the stated withdrawal rates can make all alternatives subject to failure. I The ! County, its municipalities and water utilities are now subject to several provisions of State law applicable to 6 a water shortage situation. Among these is G. S. 143 354(a) (3) which states: ! The Environmental Management Commission, based on information available, shall notify any municipality or other governmental unit of potential water shortages or emergencies foreseen by the Environ- mental Management Commission affecting the water supply of such municipality or unit together with 1 the Environmental Management CommissiorOs recommen- dations for restricting and conserving the use of water or increasing the water supply by or in such municipality or unit. Failure reasonably to follow such recommendations shall make such municipality or other govenmental unit ineligible to receive any emergency diversion of waters as hereinafter provided. V POLLICY jSSUES TO BE DECIDED A • A. Whether the County and its municipalities are willing to halt new connections and limit growth. p- . • ( B. Whether the County, as owner of the stored water :-. source, would be willing to adopt a water resource • management and conservation ordinance as a stop-gap. 'i,•, . measure in the short range for allocation of , available water during extended periods of low stream flow as authorized under General Statutes 1 - 143-215.44 and 153A712. C. Mat should be the triggering points under such a measure for installing conservation/water restric- tions measures/and instream flow restrictions e without creating an unacceptable risk of water supply shortages which would imperil public health 7.- and safety. The State has recommended 1.7 cfs as an interim minimum release which would drop to zero in •,:i stages. i" D. What would the County and each utility be willing to , do in the form of stop-gap measures to (a) increase ,,•, the storage capability of its reservoirs, (b) address facility and equipment needs, (c) institute conservation measures, and (d) enter into agreements for purchase of water from sources other than the :. Eno? _ . E. To what extent and at what cost might the central portion of the County be able to secure water from Mebane/Burlington and/or Lake Jordan? F. what is the cost/benefit choice between pumping '.: water from Jordan Lake are constructing a new reservoir(s) on the Eno River? ',', . • G. What kind of committment would the utilities be willing to make toward planning, financing and cost- ,' sharing for the construction of a pipeline from , -,. • 7 Jordan Lake or building an additional reservoir Cs) which would meet water supply requirement for the next 30 to 40 years. Vu .Cost. Estimates for Various Stop-gap Maintenance and Improvement Projects Associated with Lake Orange, Corporation Lake, and Lake Ben Johnson, as Estimated by Hazen and Sawyer, P.C. • Orange iake/County A. 1 Raise the present normal lake level 2 feet by installing a rigid flashboard system across the present spillway crest. For an estimated construction cost of $32,000 approximately 350,000 gallons per day can be added to the dependable supply. B. Address property matters and citizens concerns 1 associated with raising the lakes. C. I Begin monitoring the recently installed USGS gage below Lake Ben Johnson. • D. Approve and implement a water conservation and allocation ordinance to govern in periods of shortage. DrPorDetionJeteLOTDIegeaL1PElallcelaterSOLpgraPtioa A. IErovide gravitye_bYPDB5 aromi PxidAng dam at ICoreear_ 21jen Lake, This improvement would allow for [ normal operation of Corporation Lake at water levels less than full, thereby increasing the safe yield available from the upstream drainage area. There are two possible means of accomplishing this objec- tive (1) providing a manually primed siphon across Ithe top of the dam, or (2) installing a gravity bypass line around Le right abutment of the dam I (pump station side) . It is believed that a gravity bypass line around the right abutment -of the dam would be the least expensive. The line would be ! approximately 12-inches in diameter and include the ! appropriate valving. The estimated cost of this ! work is $15,000. B. IBPplecPment °Le:the eXiVting , Plebanp/QaTag, AlegManee inteicormtlon. There is an existing meter vault that can be used for this purpose. The cost of a new 6-inch meter is esti- mated at $2,500. C. Addition of a new 12-inch meter installation between ; Orange Alamance and Mebane. A new vault and meter would be required. The cost of this work is esti- mated at $10,000. D. Adopt water conservation and allocation rules to 1 . , . . . . , , . - . , 8 govern customer water use during periods of extended shortage. E. Add flashboards to raise the normal lake level at estimated cost of $ . 1 I. e r-1 Johnson • of Hillsborough 1 • • A. Raise the present lake level by 2 feet installing flasbboards. Estimated construction cost $ • This would increase the dependable supply by 220,000 gallons per day. . 1 B. Move aCgUMUlatO sediments upstream of the,bypass • e:lej.se_gate. This work would assure proper opera- tion of the sluice gate and allow for normal opera- . tion of Lake Ben Johnson at less than full pool elevations. By so doing, the available safe yield of Lake Ben Johnson could be increased since runoff . during rainfall events could be stored behind the dam as opposed to flowing over the dam. The Town of Hillsborough is thought to have the necessary equipment to perform this work. Assuming this is to be the case, this item of work has no significant cost and should be undertaken as part of the routine maintenance of the structure. C. EaPP____the motor levekiLl_l_tgLIMP_egisting vertical . mixed flow pumps. The existing pumps are subject to periodic flooding of the motors. Raising the motors above their present level would increase the reliability of operation. Based upon discussions with the manufacturer of the existing pumps, it does not appear that this objective can be -conveniently accomplished without raising the entire pump includ- ing impellers. This solution is not considered acceptable since it would decrease utilization of the present pool volume. Two new pumps with longer , shafts could be purchased and installed at an estimated cost of approximately $30,000. It might , ',- be possible to save $2-3,000 by reusing the existing . motors. D. msig.Alasxiating____TrIgtor—contre, centers. This item is related to raising of the pumps and is intended to increase the level of flood protection afforded the electrical equipment. This could be accomplished by a masonry block platform with a - . concrete slab top to meet Electrical Code require- 1 • ments for front access to the enclosures. Wiring from the MCC to the motors should be replaced to avoid a splice that could not be, properly water- ,- proofed. The estimated cost of this work is $7,000. - . B. PTOYiaieD_PLAtAe.a.7,14(-14agn."- tO oRgrate one of_the Law_watpc_pumpa_iinring e 5 & Qqr outages. A small diesel electric generator set with a capacity of approximately 60 Kw would be required. The estimated cost of this equipment would be $20,000. t ,k F. Ii VlaisgLibirsl___Laid_AcIter pump. The piping configuration already provides for the addition of a iil: . . . . . . kt ' 1 ' • 9 ' i,..; third pump identical to the two existing units. The 1 I! estimated cost of the pump would be $9,000. G. , Adopt a water conservation and allocation ordinance to govern customer water use during periods of i . extended shortage. VIII Cost Estimate for Construction of a New Reservoir--$12 i. • to $15 'Onion i 1 1 3YVT1-1., Water and Sewer Grant Funds Available from the State --, Information received from the Office of State Budget and Management indicates the County has been awarded $346,346 in each ye4r of the 1985-87 biennium to support up to fifty percent 'of the non-federal cost for water and sewer construc- . tion. 1 The funds, appropriated under the 1985 General i Assembly (Senate Bill 2) , are distributed based on the ratio r, of the County population to the total population of the State 4 1 . as of July 1, 1984. Within the County, the funds must be . suballocated based on the ratio of the city/town population to the total population of the County as of July 1, 1983 with v boundaries as of July 1, 1984. In accordance with the State required suballocation formula, the County distribution is as - i follows: . , . 1983 Population Estimate % of County 1985/86 Grant Governmental Unit Population Population Suballocation Sewer Water Chapel Hill 35,267 44.3% $99,733 $53,703 . Carrboro . • 8,672 10.8% 24,314 13,092 f i Hillsborough 3,087 3,9% 8,780 4,728 Mebane • 387 .5% 1,126 606 (Portion in Orange County) . Orange County 32,248 40.5% 91,178 49,096 (Unincorporated area) $225,131 $121,225 Totals - 79,661 100% $346,356 , T . , • i , . The county will receive the same total amount ($346,356) for fiscal year 1986/87. Funds will be suballocated utilizing the same formula. Grant funds are available for projects under construction after July 1, 1905, As stated earlier, funds will cover fifty percent of the water/sewer construction cost, however, the acquisition of a substantial amount of real property 1 i , 4 , 10 would require State approval. Interest on loans and the participation in the purchase; of easements are ineligible project cost. ' . The water portion would serve as possible means of improving water supply systems at Lake Orange, Corporation Lake and Lake Ben. Johnson and could help in beginning the planning for long range supply. ' * Board action is required to suballocate funds to towns within the County. To request funds from the State, each governmental board must adopt a resolution which includes a description of the project, estimated project cost, the funding source and certification that the town/county will be • able to fund the local share. The Board will shortly be asked to suballocate funds to the towns and select projects for the County portion so that a resolution may be adopted to request the grant funds. The deadline for submitting -1„ eligible projects to the State is April 1, 1986. • I await your direction on other aspects of the report. 44. 71 ri• * f' . Kenneth R. Thompson L. . , KRT/srs : ‘ co: Water Committee Membes Town Managers , = Planning Directors - I Attachments; • 1. Water Supply and Instream Flow Alternatives tl 2. Map 3. May 15, 1985 Letter from the Division of Eater Resources 71„ 4. Draft Water Shortage Ordinance (to be provided at later date) :„Ii' 2, :,. '.: . ,., ,..., ... ,., 1 ', -0 .v. * ,,, .;,' WATER SUPPLY AND INSTREAM FLOW ALTI NUMBER. MODEL CASE WITHDRAWAL RATE CONSERVATION (IN MGD) ASSUMPTION INSTREAM� FLOW AMOUNT (IN MGD) TIME LAKE IN NORMAL STATE (GREATER THAN 60% STORE) NUMBER 01 CRISIS PERIL 'WITHIN 40 Y1 1. 3.50 None None 84.2 (1.90 Hills/ OA and 1.6 to OWASA Aug-Oct) 2. 2.2 None None 91.2 2 3. 2.6 Yes 1.11 (1.7 71.0 19 , 2 cfs) 4. 2.21 Yes .39 87.1 3 5. 2.21 Yes None 92.0 1 6. 2.60 Yes None 87.1 3 7. 2.21 Yes 1.1 76.4 12 8. 1.90 Yes 81.5 5 Without OWASA 9. 4.00 Yes 1.1 89.1 17 I Instream flow requirement defined by the State based on the 7 P 10 (7 consecutiN meat for water withdrawal at Lake Ben Johnson.' 2. Instream flow in Proposed county ordinance based on the - -) 10 determined by thi 3. Dead pool at Lake Orange in 4.1 cfs - days 4. Alternatives do not reflect the growth occurring since 1983. Corporation Lake r.-�HILLSSOROLK3H Ben ",- Johnson Lake , pig S Mm za all T J I Pr vt U; E R 4. . ■ . il .- . ....- .1, • . . . _ . . . ' 4 . . . . . .' .i.-..-_,. . . N . IN . .. 4-- g ....----•- tkra, , . . •-:-cir,,,t,.- it i Iv ili''''- , . ' . . ft 6-.P- fr.--- k..-•,•,.. ..... . . . . . .. . .. . . . . , . I t. „ ..._.........„ . . .. , wa, ._...:,.....,.........----. . .. -::.- i Log - . o'.-45. ..... ...„,„....... ---.- .,.t., _..._................ . .. . . ..., . . II " ,. . : . -- . all . . .... ..-.,- . i*, . ..-.,.•.-----. . . 1 . ,... .... .... , ...... . • . . : . . •.- ..... . . - . . • . . ...,*.- . . . ,". . 4,1 - 11 . •.,, . • .. . . .. . . $ 4-1 + Nat . . A' . .. . .. • .. . . . . AA • --,,, . ;it. ... . li., ..... . _._ . . ;i, ----•._. ._,.....,__ , i•,.. . At ,..,..... .41,,.. . -- . -4: .fo,.:•.: . . . .. , , . . -4,:, ... . • ,,%,• - „ii• • . , . . . . . 4 . --; • - 1 .4. ' A... . . . . t- i....t- . . .. ., . .., . . '',...... . I I i..P.i.4; . \ ' . -,.. N, 1 . . .q.. . ... _ V* . . • • . , ., .. :-.i .. \ ,, .,,, . . . ,..:J. .. eii: ' • . , . . - . ) • State of North Carolina Department of Natural Resources and Community Development Division of Water Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James C. Martin, Governor John N. M.irris 5- Thomas Rhodes, Secretary Di or May 15, 1985 . Mr. Ken R. Thompson County Manager • Orange County Courthouse Hillsborough,! NC 27278 Dear Mr. Thomson: . As promised, we have reviewed the proposed Orange County ' Ordinance,the gaging situation for measuring Eno River water flows at key locations, and elements of the instream flow needs situation on 1 the Eno. The review was based on flow data recorded from 1931 to 197 by the Eno River gage at Hillsborough, which operated from 1928 until : 1971, the most recent surveys and estimates of storage volumes (area-capacity curves) av• ilable to us, water-use data provided by three utilities, and numerous field visits and surveys by staff specialists for various purposes. Although we believe that the data base is reasonably satisfactory, there is a small range of uncertaint based primarily on estimates of volumes of Lake Ben Johnson and Corporation Lake, and dry weather functions of seepage, riparian vegetation, and groundwater infiltration. To ascertain how the ordinance would function, we developed a computer model of the existing water resources system of the Upper Eno River (the drainage area of Hillsborough and vicinity and upstream) , and related mar.-made facilities. The model operation is based on the assumption thalt land use patterns upstream of Hillsborough had not markedly changed. (The model could be changed if forecast estimates of percentages, of watershed urbanization could be developed. ) it also assumes that tee period of record of 40 years is a suitable statistical sample. Based on how we foresee that water systems will operate and hoW development will take place in the future, we believe the model provides a good range of confidence for determining the capability of the Upper Eno River water resources system. PD.Box 77687, Ra/c4,-h, North Card lox 276H-7687 larphooe 919-733-4064 A . A F Mr. Ken R. Thompson Page -2- May 15, 1985 . The proposed ordinance significantly improves the capability of the Upper Eno system to provide a safe water supply during droughts. • ( If all water systems would have drawn water to their full capacity during recent years, the three water supply reservoirs on the Eno would have been completely drained. This would, of course, have ..' created a dire emergency for northern orange County. The only reason this did not happen is that Orange Water and Sewer Authority purchased 4 only a fraction of the maximum contracted amount. Also, the Orange-Alamance Water System and the Town of Hillsborough did not withdraw to their full capacity. In our opinion, a water management ;- plan should be implemented if a complete water resources disaster is • to be avoided. If the approach using the ordinance fails, a •, s solution could be sought under the provisions of GS 143, Article 21, part 2. .7, •- Immediate consideration should be given to the adoption of a plan, with the understanding that as more information becomes available, : adjustments can be made. With the features outlined in the draft ordinance, the raw water system has limits on overall yield based on assumed withdrawals. For a sustained continuous withdrawal, and with the ordinance in effect, the gross yield of the Lake Orange system is only 2.6 MGD at the normal stage which would be reduced in line with 4 the withdrawals column of Table 2, on page 7. The model indicates • that this yield can be sustained over the period of record with only t-- , =4 one failure.* There are operating and storage adjustments that can be made to insure that there is no failure at the 2.6 MGD withdrawal rate. - . The overall yield figure could be increased if the OWASA would limit their withdrawal to specific amounts during specified periods. For instance, a 1.5 MGD withdrawal during September and October. In 'e any event, until additional storage or sources are made available, limits on use should be established for this limited resource. In the case of the Upper Eno River (the Eno River in Orange County) , for continuous withdrawal conditions, an initial withdrawal limit of 2.6 MOD should be considered (except when there is significant spill at. -; Ben Johnson Dam) . ,! In reviewing recent withdrawal data and supplemental . source , availability, a limit of 0.5 MGD for the Orange-Alamance system and 2.1 MGD for the Hillsborough system and their customers might be • appropriate. Excess needs of the Orange-Alamance system could probably be supplied from the Mebane-Graham-Burlington network. This network could also supply some water to Hillsborough and OWASA through the existing 6-inch connection or through a larger line that could be installed, which would further connect the Orange-Alamance and •Hillsborough systems. An assessment of how the water resource system would respond, using the ordinance and the above limits and assumptions, is shown in Annex A to this letter. As discussed above, changes on withdrawal times and limits will. change the model results. We would be pleased i! to further discuss the technical aspects of the system operation with r;! you at anytime. Also, as mentioned above, there are a few It' modifications to the operation and storage that would tend to increase vt the yield during stress periods, that should be explored. it' • k *A failure is the complete depletion of the usable storage 4, in Lak,.. i . . • . -- ' , . * . , 1 . Mr. Ken R. Thompson Page -3- May 15, 1985 . -, • Although the Upper Eno River Basin concerns a relatively small portion of North Carolina, how we deal with these issues may have ( long-range statewide ramifications on our natural resources. . . Therefore, we must concentrate on downstream as well as upstream needs. Headater water supply problems should not be resolved at the x . vi complete expense of downstream interest. • 4; 1 • . :t'• streams that are significantly dewatered or are artificially dried up are of concern to the State. The Eno River is of value to the - State for purposes in addition to water supply. It is a fundamental r and valuable! element of the State's natural resources and natural heritage. The history of the Eno and the public's interest in the E o are well docUmented. Recent history indicates that government agencies at 1611 levels should be much more aware of environme-atal, historical, aesthetic, recreational, riparian, as well as water supp y problems developing on the Eno River. . . The* records from the Eno River Gage. at Hillsborough indicate that for the 40 years of record (1931-1970) , there was some flow in the river every day. Only 6 years of that 40-year record show periods of 7 days where the flows were less than one cfs. k i However, the Eno hydrology is quite fragile. The record indicate . ' there are extensive periods where the flow is less than 10 cfs. In fact, 19 out bf the 40 years had periods of 60 days or more where the i: flow was less than 10 cfs. As such, the flow is very much affected b , small diversions. f ( Beginning in 1969, with the Orange-Alamance system diversion, and • , followed in 1977 by the much larger OWASA diversion, stream flows On the Eno have been unnaturally reduced. Apparently, the downstream impacts of these diversions have not been evaluated. We cannot locate any record'of consideration by the Environmental Management Commissio L under provisions of GS 162A-7/GS 153A-285. 1 ;i Downstream interests include private and public riparian i . landowners, general recreational and aesthetic values (particularly in ' the State Pari ) , aquatic habitat, water supply for Durham (and Raleigh for the longer range) , water quality concerns, and possibly long-range hydroelectric bonsiderations. Developments and changes that would impact water resources must take into account downstream interests. Because of, the current critical water supply situation and actions • underway to provide additional water supply storage, you indicated • that the County would be in a better position to deal with downstream flows in one year and would, in fact, incorporate downstream flow i releases in the plan (ordinance) , effective May 1986. Based on the current critical situation, this seems like a prudent approach until May 1986. Forlthe interim period, we would recommend the following: i 1 • • Water Storage Stage Minimum Release of Lake Orange • . Normal (100-60% storage) 1. 7 cfs I Alert (60-50% storage) 1. 7 cfs II Warning (50-40% storage) . 7 cfs III Danger (40-30% storage! - . 7 cfs IV Emergency (30-20% storage) • No Requirement V Crisis ( 20-0% storage) • No Requirement • . . • . . t L . Mr. Ken R. Thompson Page -4- May 15, 1985 . • These flows are very conservative with respect to instream flow . requirements. And with these flows we can expect that adverse impacts ' will occur downstream. However, the model indicates that these r releases will have no significant effect on the yield. For considering instream flow- goals for proposing an operating plan for next year, our field analysis indicates that a minimum _ ._ release of about 5. 4 cfs is required from Lake Ben Johnson before serious dewatering of the stream occurs. To adequately protect instream flow needs, a flow of 5.4 cfs or more is needed. A release schedule, using 5. 4 cfs as a possible target when Lake Orange storage is in the 100-60 percent range, could be developed. . . . . -:-" S Adequately determining and recording flows at key points is very important to the successful operation of a water resources management v . . plan. At this stage, we would recommend proceeding with the installation of the continuous recording gage below Lake Ben Johnson. USGS tells us that all they need is your approval to proceed with the installation. ,s- t . . ,.' . The staff gage at the dam should be sufficient to monitor outflow from the low level release, given the frequency at which the outflow '-' . . is changed and the possibilities of alteration to the stream section. The operator should, however, read and note the staff gage reading ik. ,fh both before and after adjustments to the valve setting and periodically check for obstructions in the section immediately' downstream of the staff gage. Consideration should also be given to ( setting up means to monitor lake levels at all three lakes. I believe the public is depending on us to work together to r I resolve this problem. These steps should bring us closer to that t. goal.goal. With the proposed modified plan in place, the water supply W . situation in northern Orange County should be vastly improved. Next 0.: . .41,2 year, with the water supply requirements on the Eno, hopefully, Ole somewhat reduced, there should be significant improvements in downstream flow conditions. However, these are only very short-range • It measures. The most prudent actions to avoid serious problems in the future is to either increase storage, obtain an agreement to purchase water from outside sources, or reduce water supply requirements, or 1 ' consider a combination of these approaches. P. . The long-range water resources plan should take into account the inclusive range of available alternatives. The scope of the plan should not be restricted to methods which have appeared to work satisfactorily elsewhere or to already established procedures. ' New . ', . methods and concepts should be taken into account when planning - effective water management schemes. In the case of the Eno, there is a need to recognize more fully the interrelations that prevail in a 70 river basin and plan accordingly. The need of surrounding areas and N communities, both upstream and downstream, must be taken into account more than they have been in planning a truly effective and balanced 0 long-term water development scheme. I . . ! 1,i • • Mr. Ken R. Thompson Page -5- May 15, 1985 We appreciated the opportunity to provide this information for ( your consideration and use. Very truly yours , //e/ohn Ara / P. E. Deputy Dir c or cc: Don Willhoit Geof Gledhill John Morris 1 • .-.- . Mr. Ken R. Thompson Page -6- May 15, 1985 : . . ANNEX A MODEL ASSESSMENT of Modified Pro•osed O•eration of the I./seer Eno . . $ ( River Water Resources S stem in Oran•e Count Table 1 gives the volume corresponding to various levels of drawdown for the existing spillway elevation (614 ft MSL) and the proposed elevation (616 ft MSL) . Drawdowns are noted as both feet below the - -- - spillway crest and as percent of storage, to aid in interpretation of values given in the water shortage ordinance. k . TABLE 1 • . , iPercent Existing Conditions Proposed Conditions Storage spillway 614 ft MSL Spillway 616 ft MSL . V Volume Drawdown Volume Drawdown (Ac-ft) (ft) Ac-ft) (ft) k . 100 1307 0 1626 ' 0 ' ,..;.. 60 784 4.2 976 4.4 .i. 50 653 5 .6 813 5.9 40 523 7.2 650 7. 6 %., „ . . r?-t ( 30 ' 392 9.0 488 9.6 , le, .20 261 11. 0 325 . 12.0 J.'..' . Several computer models were developed to analyze the yield from the .R, . reservoir and river basin system supplying the study area. The models differed in the operating conditions assumed. The models attempted to reproduce actual operating conditions. ..,-., . e- Under proposed operating conditions, the -water withdrawal restrictions given in the ordinance and with instream flow releases noted in the ii table on page 3 above, we estimate that the total yield from the system is 2. 6 MGD. F. t. This yield is based on the occurrence, once in 40 years, of a condition at Lake Orange where the usable storage is zero. The model, however, shows that there would be 19 periods in which Lake Orange would be below 20 percent, or about 5 percent of the time. .,. F' . - .;g7t . ( . 0 . , 4 f 4,7 i., . i . 1 i . , - Mr. Ken R. Thompson Page -7- May 15, 1985 1 . with respect to the various water supply withdrawal rates ( corresponding to the ordinance condition, the following applies: .,t 1 . TABLE 2 RESULTS OF MODELLING (ORANGE MODEL) Total Storage Range State Percent/Time Withdrawals (MGD) at Percent In Range Corporation & Ben Johnson 100-60 Normal_ 71.0 2.60 60-50 Alert 7.0 2.33 50-40 Warning 7.8 2.20 40-30 Danger 4.9 2.16 i - 30-20 Emergency 4.0 1.99 20-0 Crisis 5.3 1.16 .... _ The.duration of flows downstream from this model indicates that ( for about 2 percent of the time the flow below Lake Ben Johnson is less than or equal to 1.7 cfs. The following table shows the 1 percentages fpr other flows downstream of Lake Ben Johnson. , TABLE 3, , . ENO RIVER FLOW-DOWNSTREAM LAKE BEN JOHNSON (Orange Model) I , ` River flow (cfs) 17.8 13.8 8.8 6.8 4.8 2.3 1.7 .7 0 ' 1 Percent time flow greater than or equal to 63.8 73.9 83.9 87.9 97.3 97.0 98.0 99.2 100 ' * _ t . OFFICIAL COP AP;E 12/2/85 MINUTES ORANGE COUNTY BOARD OP COMMISSIONERS RE U R MEM;Pfl NOVEMBER 19, 1985 The Orange County Board of Commissioners net in regular session on November 19, 1985, 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. ayrgraigrrfi PRESENT• Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESEN T: Geoffrey Gledhill. STAMP PRESENT: County Manager Kenneth Thompson, Clerk to the Board Beverly A. Blythe; Sheriff Lindy Pendergrass, Major Don Truelove, and Planner Susan Smith. A. Chair Willhoit indicated a joint meeting needs to be initiated between Orange and Chatham County to talk about the agreement on the County line and other items related to Transportation and Highway projects and watershed protection in thelChatham County portion of the watershed. Chair Willhoit referred to a presentation given by Joe Mavretic, a State Representative from Edgecoarbe County, on a proposal to eliminate the property tax and replace it with an eight cent sales tax. Significant modifications of the original Iproposal had been made. Mavretic's request to make his presentation to the TJCOG was turned down. After further discussion, it was the consensus of the Board to request TJ(X)G to reconsider their decision and allow Mr. Mavretic to present his plan. If TJCOG does not give Mavretic an opportunity to do so, the Board of Commissioners will invite him to present his plan to the Board. B. AUDIENCE (XMMEM�S 1. MATTERS CR7 THE AGF 1) CountylManager Kenneth Thompson indicated that item G Executive Session was placed on the agenda in error and should be deleted. Those the audience who wish to will be recognized at the citizens in speak appropriate time their item is discussed. MATTERS ON THE PRINTED AGENDA None. CAJOINUEgg Motion was made by Coimrdssioner Marshall, seconded by Commissioner Carey to approve the minutes for July 3, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for August 5, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey minutes for August 20, 1985 as circulated. to approve the Angus , VOTE: UNANIMOUS.' Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for September 3, 1985 as corrected. VOTE: UNANZMOUS.I Motion was made by Commissioner Marshall, seconded by C an ssioner Carey to approve the minutes for September 17, 1985 as circulated. VOTE: UNANIMOUS. Motion was made by Casmissioner Carey, seconded by Comnissioner Marshall to approve the minutes for September 30, 1985 as circulated. VOTE: UNMAOMOUS. Motion was made by Chair Willhoit, seconded by Commissioner Moses to ,rove the minutes for October 1.5, 1985 as corrected. r - 2 VOTE: UNANIMOUS. pamatmatc mainmEmscskommstramilow. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint James M. Cryer to the Health and Medical Care Advisory Board. VOTE: UNANIMOUS: SOLID WASTEITASK FORCE Motio4 was made by Commissioner Marshall, seconded by Commissioner Carey to appointlEve Shy to the Solid Waste Task Force. VOTE: UNANIMOUS. ENO VOLUMES FIRE DEPARINEW Motiori was made by Commissioner Marshall, seconded by Cormaissioner Lloyd to appoint Dorothy Bane to the Board of Trustees for the Eno Volunteer Fire Department. R1I'E: UNANIMOUS. frANMDECSEMAIMILUELDRAMENC Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint 1Pricilla Lloyd to the Board of Trustees for the Orange Grove Volunteer Fire Department. VOTE: UMNIMOUSel E. Ina 15... 1iGWA The County Manager reccumended the following action by the Board: MUTUAL AID Pa1101=- 4S Pos . 2,„ NEMILAMMDIMIREIffaIDM/Mgn Postponed. (This it was presented later in the meeting) . 3. EKE:MEW! FOOD AND SHELTER ALLOCATIQN Approval for allocating funds under the Emergency Food and Shelter National Board Program and authorize the Chair to sign all related documents and submission of same to the National Board. 4. BIEIGRANNeet Accept; the additional FY 85-86 State grants for the Board of Health in the amount of $60,703 and amend the budget accordingly. Reaffirm January 14, 1986 as the public hearing date for the Joint Planning Area Land Use Plan. I DN. " •_ r Approv#1 of the lease renewal agreenent for the Health Department and Dental Clinic facilities at Carr Mill Mall in Chapel Hill with a new indemnity clause approved by the lessor and County Attorney and authorize the Chair to sign. Approval of the contract with M and W Roofing and Insulation, Inc. for repair of two sections of roof at the New Courthouse on Margaret Lane at a cost of $2,850. JO. SITIC2 S]YJ? LEASE Approval of the lease agreement with William G. and Annie D. Freeland for the lease of one acre of land at $50.00 per month for the purpose of relocating theldumpster site near the intersection of Highway 86 and 70 to one mile north onlBighway 57. iia, Humlismusgemata_poimmmmuslawBom Approval of the following budget amendment to the 1985-86 Budget Ordinance to allow for the purchase of a metal detector to be used in the courtroom: Appropriation: Clerk of Court $ 3,225 Source: Transfer from County Capital Projects $ 3,225 Appropriation: Transfer to General Fund $ 3,225 Source: Fund Balance Appropriated $ 3,225 , • � 3 Motion was made by Ccatmissioner Marshall, seconded by Commissioner Lloyd that the forgoing action be taken by the Board. VOTE: UNANIMOUS: 2_. MUTUAL AID N EEMENT-SHEt1PP'S DEMUR= Sheriff Pendergrass presented for consideration a mutual aid agreement regarding law enforcement agencies in the State which would allow for a response to calls which cannot be covered by the local provider; allow provider to respond to calls where questions of geographical and boundary lines are not clear, and allow for assistance during disasters in which law enforcement may be needed and cannot be provided by local law enforcement. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the mutual aid resolution for the Sheriff's Department as stated below: RE`OLDTION ADOPTING A POLICY PORMUTUAL ASSISTANCE WITH OTHER LAW ENFORCEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statutes 160A-288, 160A-288.2 and 90.95.2, the governing body of a city or county may adopt appropriate guidelines for the purpose of mutual assistance with other municipal, county, and state law enforcement agencies; and SAS, pursuant to said laws, the law enforcement assistance to be rendered authori+s lending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and WEAS, its is deemed to be in the best interests of the citizens of Orange County to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, subh reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of Orange County; NOW, TFHEREF E, BE IT RESOLVED BY THE ORANGE CC*JNTY BOARD OP COMMISSIONERS THAT: 1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal, county, or state law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The Sheriff is hereby authorized to permit officers of the Orange County Sheriff's Department to work temporarily with officers of the requesting agencyl, including in an undercover capacity; and, the Sheriff may lend such equipment and supplies to requesting agencies as he deem advisable. 3. All such requests and authorizations shall be in accordance with North Carolina 1General Statutes 160A-288, 160A-288.2, and 90-95.2 as applicable. 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses. 5. While ion duty with the requesting agency, an officer shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall for personnel and administrative purposes, remain under the Control of his own agency, including for purposes of pay. An officer shall furthermore be entitled to worker's compensation and the same benefits to the elxtent as though he were functioning within the normal scope of his duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with bother law enforcement agencies in accordance with such reasonable arrangiiments, terms and conditions as maybe agreed upon between the respective heads of the law enforcement agencies. VOTE: UNANIMOUS. 1 4 F. ITEMS FOGLDECIRON 19. UPDATE ON THE WATER SUPPLY AN) USAGE IN THE TIPPER ENQ RIVER BASIN (A Clete copy! of the report is in the permanent agenda file in the Clerk's office.) Ken Thompson presented an overview of the report. At the Environmental Management meeting to be held in December, the level of Instream flow requirement will be discussed. In the short term, action needs to be taken by the Board with regard to issues relating to Lake Orange. Orange- Alamance Corporation needs to address those issues relating to Corporation Lake and the Town of Hillsborough needs to address those issues relating to Lake Ben JohnsonJJ In answer to a concern from Commissioner Marshall, Thompson indicated that raising Lake Orange two feet would not have any impact on the property in that !area. Commissioner Marshall stressed the need for a task force with representatives from °NASA, Orange-Alamtiance, Orange County and Hillsborough to review the recommendations in the report and take into account what DEM may decide at their meeting in December and come up with a short range proposal. Thompson clarified that at the present time 2.2 million gallons is available with 10 being used leaving 300,000 as the excess capacity per day. With modifications as outlined in the report, a total capacity of 3.5 or 4 million gallons per day would be available. Chair Willhoit noted that policy decisions need to be made in order to implement thcse provisions which would provide for the maximum output from the existing reservoirs. Policies need to be worked out whereby Orange Alamance will seek other water supplies and not increase the transfer out of county which is Hone at the present time, Also, the Town of Hillsborough needs to consider policies for establishing a rate structure which will provide enough capital to increase the future water supply as needed. It was the consensus of the Board to reactivate the Water Resource Committee and to ( formulate and bring back to the Board the policy issues that need to be addresbed immediately. 8. MERIT PAY DECISIONS Motion was made by Chair Willhoit, seconded by Commissioner Carey to approve a onP-step (5%) merit pay increment increase, effective on the employment anniversary date, to the County Manager, Clerk to the Board, �Ryeyg�iste}r��o�f} D�eyedds' and Sheriff. VOTE: UNANIMOUS. 9... f'SISALa L•l�CM_JL'd.Vf.�..L_ Motion) was made by Chair Willhoit, 'seconded by Commissioner Marshall to adopt the policy that the Board of Commissioners will conduct a performance appraisal of the County Manager annually. VOTE: UNANIMOUS. E l.THRS Ft : DECISI N _ 'iii JII)4• •Ai _kt; P • vA1ir !z Planner Susan Smith presented for Board consideration a request for approval of a partial width right-of-way of 12 feet to serve a minor subdivision on a lot known as Chapel Hill Township Tax Map 120, Lot 1B. The Planning Board rnded approval of the request. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. Planner Susan Smith presented for Board consideration a request for approval of a partial width right-of-way of 30 feet to serve a minor subdivision on a jot known as Cheeks Township Tax Map 1, lot 4. The Planning Board recommended approval of the request. Motion was made by Commissioner Marshall, seconded by Connmissioner Lloyd to approve recommendation of the Planning Board. 5 VINE: UNRITIMOUSI 14. OFD SUBDIWSION REcumnoNs TEXT AMEMMERTS Planner Susan &filth presented for consideration the proposed Subdivision Regulations text amendments as submitted to public hearing on May 28, 1985 and as Modified and recommended by the Planning Board. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the text amendments to the Subdivision Ordinance as listed on pages of these minutes. VCWE: UNANIMOUS: Planner Susan Smith presented for Board consideration the proposed Zoning Ordinance Text amendments as submitted to public hearing on May 28, 1985. The Planning Board recommends approval of the proposed amendments to Articles V , VI and VII of the Zoning Ordinance regarding watershed standards and home occupations and Section VI of the Subdivision Regulations regarding watershed standards. They further recommended that the existing definitions of "fare and farming" be retained in the Zoning Ordinance and that the County Attorney be requested to investigate the possibilities of obtaining express statutorx authority to define farming. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board for the proposed amendments to Article V, VI, and VII of the Zoning Ordinance regarding watershed standards and home occupations and Section VI of the Subdivision Regulations regarding watershed standards, as listed on pages of these minutes. VOTE: UNANIMOUS. hUTE: N3 ACTIM1 TAKEN ON THE DEFINITIONS OF "FARM" AND nPARMING". Planner Susan Smith presented for consideration of approval the proposed text amendments to Articles VI, VIII, and XX of the Zoning Ordinance submitted to public hearing August 26, 1985. The Planning Board recommended approval of the amendments, including the amendment to Article 8 as drafted by the County Attorney. Motion was made by Commissioner Marshall, seconded birCremissioner Carey to approve the recomendation of the Planning Board including the amendment of Article VIII as drafted by the County Attorney as listed on pages of these minutes. VCRE: UNANIMOUS. Planner Susan Smith presented for consideration the extension of time limits on 11(5) planned development amendments whose approvals have expired. The following projects have been issued Special Use Permits, but have not initiated construction activity because of required additional Town of Chapel Hill and federal approvals and permits necessary: BROOKSTONE APAMTMENTS (approved 11/20/84) OPC ALCOHOLIC REHABILITATION CENTER (approved 11/5/84) The following project has not been issued a Special Use Permit because of delay in obtaining Town of Chapel Hill approvals and permits required for the issuance of the permit: SEDGEktOD APARTMENTS (2/19/85) The following ptOjects have not been issued Special use Permits because revised site plans have not been submitted: OCCONEECHEE POINT I (approved 11/5/84) OCCONEE(HEE POINT II (ap)roved 2/19/85) The Planning Boa0 recommends approval of an extension of the planned development rezonings for the aforementioned projects for six (6) months to allow additional time to obtain appropriate permits and approvals and to initiate construction activity. 6 Motion was made by Coumissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board. WEE: AYES, 4; Nt7ES, 1 (Cbmmissicner Marshall) . The first line under VII C was corrected to read "The County is not tithe liable for d ,ge of". Section VI B will be modified to include some guidelines for charging the minim monthly charge. The amounts in Section RIV and Attu A will be submitted to the Board at a later date for approval. Motion was made by Commissioner Carey, seconded by Cournissioner Marshall to adopt the Efland Sewer operating Rules and Regulations as corrected. VCIEE: UNANIMOUS: l.. +ter Chair Don W it adjourned the meeting. The next regular meeting will be held Noveuberi 25, 1985, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Bi , Clerk