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Agenda - 08-18-1987
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, AUGUST 18, 1987 7: 30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. BOARD AND MANAGERS COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2 . Matters not on the Printed Agenda C. MINUTES PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that indivi- dual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PAGE # PUBLIC HEARING 002 * 1. Housing Demonstration Grant 005 * 2 . Moriah Hill Road and Timberly Drive Preliminary Assessment Resolution CERTIFICATE OF ACHIEVEMENT 026 1. Certificate of Achievement for Excellence in Financial Reporting PAGE # D. RESOLUTIONS OR PROCLAMATIONS 028 1. Women's Equality Day E. REPORTS F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 030 * 1. Lease Contract--Art Center in Carrboro 035 * 2 . Tax Refunds Request 045 * 3 . Bid Award--Law Enforcement Equipment 048 * 4. CBA Agreements 049 * 5. Title III-B Aging Services Contract Approved 061 6. Transportation Driver Provision Contracts with OPC Mental Health Center and Orange Enterprises, Inc. 065 7. Transportation Vehicle Provision Contract with Orange Enterprises 067 8. Renewal of C.A.T. Vehicle Lease Agreement with 0.C.C.H.S . 069 9. Renewal of C.A.T. Vehicle Lease Agreement with JOCCA 071 10. C.A.T. Vehicle/Driver Lease Rate Schedule 073 * 11. Budget Amendment 075 12. Forest Service Contract 079 13 . Cable Television Franchise Transfer--Second Reading 081 * 14. Amendment to the Personnel Ordinance "Pay Plan Implementation" 082 * 15. Signing of the 1987-88 Budget Ordinance and Capital Project Ordinances G. ITEMS FOR DECISION--REGULAR AGENDA 083 1. Stratford Green Subdivision 100 2 . Piney Mountain Subdivision 147 3 . Fairfield Estates Subdivision 156 4 . Saddle Creek Subdivision 169 5. Lots 18 and 18A--Phase 2--Lake Woods Subdivision 181 6. Sally Feather Subdivision 189 * 7. Durham-Hillsborough Water Line Agreement 256 * 8. Proposed Water/Sewer Policy 283 9. Wildwood Drainage Problem 299 10. Addition of Brigadoon Drive in Brigadoon Subdivi- sion to the State-Maintained Road System 303 11. Local Emergency Planning Committee 305 H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. .Sa1.61 ,•(4(j 1 APPROVED 9/9/87 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 18, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, August 18, 1987 at 7: 30 p.m. in the Courtroom of the Old Post Office Building, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Managers Andi Reynolds and Beverly Whitehead, EMS Director Bobby Baker, Director of Finance Gordon Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious, Planning Director Marvin Collins, Planner Emily Crudup, Housing and Community Director Tara Fikes, Tax Supervisor Kermit Lloyd, Director of the Department on Aging Jerry Passmore and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS Chair Marshall added two items to the agenda. They were item D-2 a proclamation to proclaim September as Constitutional Month in Orange County, and item G-12 a response to the Utilities Commission. Commissioner Willhoit announced that on Sept. 29 NACo will hold a public hearing on welfare reform at the Guilford County Courthouse from 12 : 30 to 4: 30. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak will be recognized at the time their item is discussed. 2 . MATTERS NOT ON THE PRINTED AGENDA Mr. Allen Spalt read a statement to the Board of Commissioners on watershed protection. The statement is contained in the permanent agenda file in the Clerk's office. Mr. Spalt, on behalf of a group of Carrboro and Orange County citizens, requested the Board to „take whatever action within their power and authority to protect University Lake by delaying the recently approved Amberly development. Commissioner Halkiotis asked that the County Attorney put together in writing what the County can legally do to delay the Amberly project or to keep anything from happening in that area until the study, as proposed by OWASA, can be completed. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to add an item to the Joint Public Hearing agenda for discussion of appeal procedures as it pertains to the Amberly project. VOTE: UNANIMOUS. 2 • Commissioner Willhoit asked that the County Attorney review the appeal procedures for the Conditional Use Permit issued for the project and to inform the Board if there are any procedures for appealing the administrative decision made by the staff through the Environmental Management Commission. He commented that the County's LUP does not permit the extension of water and sewer into the watershed except in emergencies. When this issue first came up, the County contacted OWASA and encouraged them to adopt policies that would uphold the County' s LUP, which is what they did. In June an intergovernmental group of eight elected officials did not agree on this particular project and it was decided that each governmental group would individually decide on protection of the watershed. C. MINUTES The minutes for May 4, 1987 will be corrected and presented at the next meeting for consideration of approval. PUBLIC CHARGE The Public Charge was read by Chair Shirley E. Marshall to the audience. PUBLIC HEARINGS 1. HOUSING DEMONSTRATION GRANT Tara Fikes presented for receipt of public comments the proposed FY1987 Housing Demonstration Grant Application. She stated that this grant is a new funding category under the Small Cities Community Development Block Grant Program sponsored by the North Carolina Department of Natural Resources and Community Development. It is designed to encourage and demonstrate innovative approaches to the housing problems of low and moderate income individuals. She outlined the project requirements that are necessary for eligibility. There is approximately $550, 000 available for these projects for the entire state and it has been recommended that localities request funds for projects costing between $100, 000 - $150, 000. September 11 is the deadline for receipt of applications. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. LIGHTNING BROWN , Chair of the Orange County Low/Moderate Income Task Force, spoke in support of the project and the benefits of maximizing the funding that goes into new housing developments or rehabilitation. He encouraged the County to work with local groups to multiply the effect of the money received from this grant. DAVID STANFORD , President of the local Habitat for Humanity, encouraged the Commissioners to work with the local Habitat for Humanity group in providing safe, decent housing. He proposed using the grant money to provide housing for families with incomes between $8, 000 and $18, 000. PEGGY POLLITZER , speaking for the InterFaith Council for Social Services, endorsed the proposal made by David Stanford for the Habitat for Humanity. JEFF LEVINE , endorsed the proposal made by the Habitat for Humanity. He works with the organization which encourages self-help with the housing projects. VERONIA WILLIAMS , recipient of a house built by the Habitat organization, indicated the program helps those who would not otherwise be able to own a home. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. ■mow 3 2 . MORIAH HILL ROAD AND TIMBERLY DRIVE PRELIMINARY ASSESSMENT RESOLUTION Planner Greg Szymik presented for receipt of public comment the Preliminary Assessment Resolution for Moriah Hill Road and Timberly Drive. The project is listed as number one on the NCDOT 1986-87 Secondary Road Improvements Program. A petition was presented which met the criteria for eligibility to participate in the program. The basis for assessment is on an equal rate per foot of frontage for lot owners on these roads. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. JOAN LAMORTE spoke about the method of assessment. She indicated that the citizens on these two roads petitioned the Commissioners through the Planning Board to have the assessment done on an equal share basis among the twenty property owners. Of the twenty property owners, fourteen are totally committed to assessing by lot, while four are committed to it only if it can be done by equal shares. Everyone is in agreement of making an equal distribution of the cost because without the support of these four individuals, the petition would not meet the 75% participation for paving. She spoke about the condition of the road and the problems associated with the dust problem. Attorney Geoffrey Gledhill stated that dividing the cost equally among the existing owners is not authorized by statute. The cost can be divided equally by lot. SUSANNE GOREE questioned the method of assessment and was told the assessment is on per lot basis. CAROLYN LONG spoke in support of the assessment on a per lot basis. ANNETTE JURGELSKY spoke in support of the assessment on a per lot basis. A representative of the Mt. Moriah Baptist Church noted that the Church was not contacted to sign a petition and the Church has no funds to participate in the paving program. Gledhill explained the procedure that is followed in obtaining a petition, circulating that petition and presenting it to the Planning Department. After the project is approved by the Board of Commissioners, a copy of the Preliminary Assessment Resolution is sent to each person who will be assessed. Another public hearing will be held for receipt of comments on the amount assessed. He explained that 75% of the property owners owning 75% of the frontage on the road must be in agreement for the project to go forward but that everyone had to pay. JOHN RIGDON , stated he understood the right-of-way was the only thing that needed to be decided by the property owners and asked if another right- of-way had to be signed. Gledhill explained that the previous right-of-way will need to be revised to include the extra footage necessary for a paved road under DOT's standards. When DOT upgrades roads, it normally acquires the right- of-way from the property owners. WALTER LOEHR , stated that the process of obtaining signatures on the petition was started approximately two year ago and apologized that there was no direct contact with the Church. He talked with Reverend Weatherly who indicated no opposition to the project. 4 COMMENTS FROM THE BOARD Commissioner Hartwell explained that this project is the last one under the old regulations. He encouraged the property owners affected by this project to agree and move forward with the project as quickly as possible. Greg Szymik asked that the Board postpone the adoption of the Final Assessment Resolution for Moriah Hill Road and Timberly Drive until the September 8 meeting to allow staff the opportunity to contact a number of persons who have signed the petitions to verify the status of their position and to give staff time to evaluate the comments received at this public hearing. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to continue the public hearing until September 8. VOTE: UNANIMOUS. AUDIENCE COMMENTS - MATTERS NOT ON THE PRINTED AGENDA Dr. Lunsford spoke to the issue of school bus driver salaries. He indicated it was his understanding that if the state did not fund an increase in the salary for school bus drivers that the Commissioners would reconsider this for County funding. The State did not fund this item and he emphasized that the problems still exist. He asked that the Board reconsider this item. Chair Marshall expressed an understanding of the problem but stated that the tax rate has been adopted and there is no money available to make changes in the budget at this time. The process of waiting until the legislature has approved the State budget before final approval of the County budget will need to be reviewed for future budgets. Commissioner Hartwell stated he would like to find a way to allocate the money needed for this increase to each school system. Commissioner Halkiotis emphasized that a strong voice in the legislature is a must for issues like this to be heard and considered as a priority item. He offered to work with the two school superintendents in an effort to develop an effective lobbying process for those issues which are crucial to both school systems. Chair Marshall asked that Commissioner Halkiotis also include the two school board chairs, the manager, and the finance officers in these discussions. CERTIFICATE OF ACHIEVEMENT 1. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Chair Marshall presented the certificate to Finance Director Gordon Baker who in turn gave special recognition to his staff and the auditing firm which performs the county audit. The County has received this award for five years. D. RESOLUTIONS OR PROCLAMATIONS 1. WOMEN'S EQUALITY DAY Judy Eastman presented the following proclamation for approval. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the proclamation as printed below and to authorize the Chair to sign on behalf of the Board: WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, that amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. " ; and WHEREAS, the power of the vote is the gateway to continued improve- 5 ments in the status of women; and WHEREAS, the Orange County Commission for Women advises the citizens and Board of commissioners of orange County of the status of women in Orange County; and WHEREAS, that status remains unequal, especially economically and politically; and WHEREAS, yet women make significant contributions economically, politically, and in myriad ways to Orange County. NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim Wednesday, August 26, 1987 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality and do hereby urge all citizens to work to guarantee full equality for all women. VOTE: UNANIMOUSLY. 2 . 1987 CONSTITUTIONAL MONTH Commissioner Hartwell presented the following proclamation for approval: 1987 CONSTITUTIONAL MONTH WHEREAS, the 17th day of September, 1987 marks the 200th anniversary of the United States Constitution, and affords the citizens of Orange County the opportunity to join with all Americans in a celebration of citizenship. We salute the Constitution as one designed by its authors to be flexible in application and its affect as we advance in social conscience, service and our responsibility in the family of nations. NOW, THEREFORE, we hereby resolve and proclaim September, 1987 CONSTITUTIONAL MONTH in Orange County, North Carolina. As heirs of a stable government, insuring the blessings of a free and responsible society, we urge all civic and service clubs, all schools and public officials, private and public organizations and citizens to publicity and privately demonstrate their appreciation of citizenship under our constitution. We further urge all citizens to rededicate themselves and their responsibilities to keep our constitution viable which is our best guarantee for life, liberty and the pursuit of happiness. RESOLVES AND PROCLAIMED by the Board of County Commissioners for Orange County, North Carolina this the 18th day of August, 1987. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the proclamation and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. LEASE CONTRACT - ART CENTER IN CARRBORO To approve a lease with the Art Center, Inc. from September 1, 1987 through June 30, 1992 for use as a senior center for a monthly sum of $1, 136. 00 and to authorize the Chair to sign on behalf of the Board. 2 . TAX REFUNDS REQUEST To approve the following refunds of tax bills in accordance with G.S. 105-381 C67: H. L. Underwood, Jr. Acct. # 32194 $ 321.79 Elston Seal, Jr. Acct. #713175 1, 477.35 David R. Gunnels, Acct. #716183 355.47 Madeline Patterson, Acct. #705545 1, 097.57 A Celeste M. Zdanski, Acct. #102447 6 6. 96 Anthony and Nancy Clayton, Acct. #60611 • 9 James R. Bettman & Joan, Acct. #64302 141.95.02 7 Harold E. Hassenfelt, Acct. #102003 41.28 Davis, Davis & Davis, Inc. Acct. #81751 75.91 75.91 3 . BID AWARD FOR LAW ENFORCEMENT EQUIPMENT To award the bid for 14 radios and installation of all e to Piedmont Communications for a sum of $24,925; to award the bid for�15efully equipped visibars to National Police Supply for a sum of $9493.25; to award the bid for 15 tachographs to Nichols Speedometer for a sum of $12, 075. Bids received are as follows: Tachographs Argo Instruments, Inc. Nichols Speedometer $ 1,890.00 $ 890. 00 Radios T. D. Miller III $ 2,950. 00 Motorola Piedmont Communications $ 1,700. 00 $ 1, 700. 00 Visibars Lawman Safety Supply $ 653. 00 T. D. Miller III $ 875.00 National Police Supply $ 632.89 4. CBA PROGRAM AGREEMENTS To authorize the Chair to sign Community Based Alternative program agreements that were previously approved by the Board. 5. TITLE III-B AGING SERVICES CONTRACT To approve the contract for Title III-B Older Americans Act funds with Triangle J Council of Governments effective July 1, 1987 through June 30, 1988 for federal/state funds in the amount of $106, 395 and authorize the Chair to sign. 6. TRANSPORTATION DRIVER PROVISION CONTRACTS WITH OPC MENTAL HEALTH CENTER AND ORANGE ENTERPRISES, INC._ To approve the renewal of the driver provision agreements with OPC Mental Health Center and Orange Enterprises, Inc. who will reimburse Orange County at $6.50 per hour for established work schedule with a contract to run from September 1, 1987 through June 30, 1988 and authorize the Chair to sign. 7. TRANSPORTATION VEHICLE PROVISION CONTRACT WITH ORANGE ENTERPRISES To approve the renewal of the vehicle provision agreement with Orange Enterprises effective September 1, 1987 through June 30, 1988 and authorize the Chair to sign. 8. RENEWAL OF C.A.T. VEHICLE LEASE AGREEMENT WITH O.C.C.H.S. To approve the renewal of the lease agreement for one van with Orange Chatham Comprehensive Health Services (OCCHS) effective July 1, 1987 through June 30, 1988 and authorize the Chair to sign. 9. RENEWAL OF C.A.T. VEHICLE LEASE AGREEMENT WITH J.O.C.C.A_ To approve the renewal of the lease agreement for three C.A.T. Vehicles from Joint Orange Chatham Community Action effective July 1, 1987 through June 30, 1988 and authorize the Chair to sign. 10. C.A.T. VEHICLE/DRIVER LEASE RATE SCHEDULE • To increase the minibus leasing rate from .50 to . 55 per mile and the 7 driver rate from $5. 00 to $7. 00 per hour. 11. BUDGET AMENDMENT To approve a project ordinance to receive Section 8 Housing Voucher funds for 1987 as follows: Appropriation - Housing Authority 1987 Section 8 Voucher Program in the amount of $83, 076. Source - 1987 Section 8 Voucher Program in the amount of$83, 076. 12 . FOREST SERVICE CONTRACT To renew the annual agreement between Orange County and the North Carolina Department of Natural Resources and Community Development for the provision of support by the N.C. Forest Service in Orange County and authorize the Chair to sign. 13 . CABLE TELEVISION FRANCHISE TRANSFER - SECOND READING To adopt a resolution to approve the transfer of a percentage of BT Cable, Inc. , to TFBA Sub. Ltd. and authorize the Chair to sign. The resolution is stated below: A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE ACQUISITION OF 50% OF THE STOCK OF BT CABLE, INC. BY TFBA SUB. LTD. AND TO THE CONSOLIDATION OF INTERMEDIATE SUBSIDIARIES OF BT CABLE, INC. WHEREAS, ALERT CABLE TV OF NORTH CAROLINA, INC subsidiary of BT Cable, Inc. , is a cable television an Orange County; and WHEREAS, BT Cable, Inc. is presently controlled 50% by Taft Broadcasting Company and 50% by the Robert M. Bass Group; and WHEREAS, after TFBA Limited Partnership acquires by merger Taft Broadcasting Company, TFBA will sell Taft's BT Cable, Inc. stock to a newly formed partnership controlled by Bass, all as set forth in the letter application dated June 19, 1987; and WHEREAS, subsequent to the foregoing transaction, BT Cable, Inc. may desire to restructure its corporate organization by consolidating its intermediate subsidiaries; and WHEREAS, approval has been requested as to the foregoing transactions; NOW, THEREFORE, BE IT ORDAINED that the Orange County hereby grants its approval, as requested, to the acquisition of 50% of the voting stock of BT Cable, Inc. by TFBA Sub. Ltd. and to the consolidation of BT Cable, Inc. 's intermediate subsidiaries, all as set forth in the letter application dated June 19, 1987. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 14. AMENDMENT TO THE PERSONNEL ORDINANCE Motion was made by Chair Marshall, seconded by Commissioner Hartwell to amend the Personnel Ordinance, Article V, Section 3 . 0, to reflect the a plan implementation policy which states: p Y "Employee salaries shall be set at a step schedule, within their assigned grade, that proviesonthe heclosest astep Lncrease to 4.5%, with the minimum being 4. 0% and the maximum received being 5. 6%. " n • VOTE: UNANIMOUS. 8 • 15. SIGNING OF THE 1987-88 BUDGET ORDINANCE AND CAPITAL PROJECT The Board signed the 1987-88 Budget Ordinance and the Capital Project Ordinances. These are contained on pages of these minutes. G. ITEMS FOR DECISION - REGULAR AGENDA 1. STRATFORD GREEN - PRELIMINARY Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Stratford Green Subdivision. The property is located in Hillsborough Township on Orange High School Road. Eight lots are proposed out of 8. 30 acres. A private Class B road is proposed to serve the development. The property is zoned R-20 in the Town of Hillsborough's zoning jurisdiction and designated ten-year transition in the Orange County Land Use Plan. The Planning Board recommended approval. The Manager recommends approval with the condition that the proposed Victoria Drive is designated as a public road and constructed to NCDOT standards. Planning Board Chair Barry Jacobs referred to a letter from the County Attorney in which comments were made regarding private versus public roads. He asked that the Board, at their next meeting, directly address if they wish the Planning Board to look at the criteria in the standards for application procedures. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Manager's recommendation. VOTE: UNANIMOUS. 2 . PINEY MOUNTAIN SUBDIVISION (See permanent agenda file in the Clerk's Office for courtesy review comments from Chapel Hill) Planner Emily Crudup presented for consideration of a Preliminary Plan for Piney Mountain. The tedovon the property northeast side of Mt. Sinai Road a y is located on the Orange/Durham County line. The tractrislzonedy Rural hBufferlandedesignated of the Rural Residential on the Joint Planning Area Land Use Plan. A cluster subdivision is proposed out of a 128 acre tract with 59 lots in two phases. Each lot will be served by public roads and by common nitrification fields for septic tank disposal and maintained by North State Utilities, Inc. Crudup reviewed the courtesy review comments made by the Town of Chapel Hill and the Orange County Planning Board recommendation with the attachment of seven (7) conditions and three (3) additional conditions recommended by the Planning Director which are listed below in the motion. Commissioner Hartwell questioned the ownership of the nitrification fields and Crudup stated it is her understanding that North State Utilities would own, maintain and operate the system just like any other utility with the rates regulated by the State. Dennis Osborne of Dennis J. Osborne & Associates, Raleigh, spoke about the ownership of the land and the nitrification field and explained that the land is considered as collateralized value asset. In answer to a question from Commissioner Halkiotis, Crudup explained that signs prohibiting swimming resulted from a concern expressed by the Planning Board that affluent may drain into the pond from the nitrification fields. Mark O'Neal explained that they are trying to maintain the character of the area and that Mr. Osborne has indicated that there is a very small chance of any affluent getting into the pond. Mr. Osborne assured the Board that in the nitrification fields the wells would be monitored. Chair Marshall spoke to the preservation of Duke Forest. She emphasized the effort put forth by other governmental entities to protect that area and the importance of the County showin 9 of - what Duke University has requested of the County°whiletatatheresameltime not creating any threat to Duke Forest but to help protect the access into it. Planning Director Marvin Collins noted that Duke is in the process of cutting trees in this specific area and expressed concern about limited access since there is a possibility that in the future the County could extend the greenway on the east side of Piney Creek which would be compatible with the area. After a brief discussion, it was decided that a policy statement would be considered at the next meeting which would then be sent to Duke University to reassure them of the County's commitment to protect the access to the Duke Forest properties. Commissioner Willhoit asked about restrictive covenants to maintain the character of the area and it was decided and agreed to by the developer that these guidelines would be submitted with the final plat for approval by the Planning Board. Geoffrey Gledhill suggested that the Board direct the Planning Staff/Board to bring back to the Board Subdivision Ordinance amendments which would require restrictive covenants of subdivisions in the Rural Buffer which address the internal concept of the Rural Buffer. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Preliminary Plan with the attachment of 10 conditions listed below with the understanding that the restrictive covenants will be submitted with the final plat. (1) Show the new right-of-way line for Mt. Sinai Road as a boundary line on the plat. (2) Show the Type B Buffer line 30 ' from the new right of- way line of Mt. Sinai Road (SR 1718) . (3) In Phase Two, post a sign at the end of Twin Pines Lane cul-de-sac to indicate the intended future extension of that road. (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. (5) Improved recreation space must meet the re ir 7 of the Subdivision Regulations including off-streetlpparking. of Section IV-B (6) Provide a 50-foot right-of-way on Twin Pines Lane along the entire length to the boundary line. (7) Post signs to prohibit swimming in the existing pond. The Planning Director recommends the following two additional conditions to address concerns expressed by the Duke Forest Advisory Committee: (8) A copy of the July 28, 1987 memorandum from the Duke Forest Advisor Committee should be submitted to the developer and the NC Division of Environmental Management for use in preparation, review, and approval of the tow pressure sewage disposal system permit. 'our(ity, the In Final the purposeiof land being dedicated to Orange !or recreation and/or open space purposes. " Land dedicated to Orange County On July 28, after the Planning Board had recommended approval of the Ireliminary plan, the Planning Staff was advised by the project engineer of an error in the calculated total acreage of the tract. The correct 10 total acreage of Piney Mountain is 128. 022, not 128. 56 acres. in calculated land area results in a one-lot reduction in the This of lots permitted under Section IV-B-10-b of the Subdivision Regulations. Therefore, the Planning Director recommends the addition of the following condition of approval: (10) The preliminary plan for Piney Mountain Subdivision should be considered with the deletion of lot number 59 from Phase Two. By consensus the motion was amended to allow the question of deletion of lot number 59 to be resolved administratively and by the Planning Board at the time of final plat review, since the applicant indicates that sufficient land area is available for lot number 59. VOTE: UNANIMOUS. 3 . FAIRFIELD ESTATES SUBDIVISION Planner Emily Crudup presented for consideration of a Preliminary Plan for Fairfield Estates. The tedovan the property northeast portion of Cheeks Township, y is located in the sides of Brookhollow Road. The tract sistzonedHA-R'withlan overlayddistrict n both of Protected Watershed II. Eighteen (18) 5-acre lots are in three sections out of 135. 45 acres. The Planning Board and Manager serecommends approval. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Manager's recommendation. VOTE: UNANIMOUS. 4. SADDLE CREEK SUBDIVISION Emily Crudup presented for consideration of a Plan for Saddle Creek Subdivision. PProval the PinliCheeks Township west of Mill Creek Road, southeofpHighrRock1Road.located e lots average 2. 73 acres are proposed. The tract is zoned A-R and the Land Use Plan designation is the same. The Planning Board recommended a the attachment of two conditions. The Manager recommends approval aProver with Planning Board's recommendation with clarification of condition #2. Per the Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Manager's recommendation with the attachment of two conditions as listed below: (1) Revise the note which refers to the drainage easement. (2) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if any parcel served by the roads, including the residual parcel, is further subdivided, and that Lee Street, including the pre-existing public portion, be maintained to VOTE: UNANIMOUS. Class A private road standards. 1 5. LOTS 18 AND 18A -- PHASE 2 -- LAKE WOODS SUBDIVISION Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Lots 18 and 18A Phase 2 Lake Woods. The property is located in Chapel Hill Township at the corner of Jones Ferry Road and Lake Court. Two lots are proposed out of 5. 02 acres. The Planning Board and the Manager recommends approval with two conditions. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Manager's recommendation with the two conditions listed below: (1) Both lots must receive access from Lake Court. (2) Payment-in-lieu of dedicated open space in the amount of $474. VOTE: UNANIMOUS. 6. SALLY FEATHER SUBDIVISION Greg Szymik presented for consideration of approval Plan for Sally Feather. The property is located in Eno Township on Preliminar Lawrence Road. One lot 3 . 23 acres is proposed out of a 40. 93 acre tract. It is zoned Rural Residential and designated Rural Residential in the Land Use Plan. The Planning Board and Manager recommends approval. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the Manager's recommendation. VOTE: UNANIMOUS. 7. DURHAM-HILLSBOROUGH WATER LINE AGREEMENT Marvin Collins stated that the City of Durham and the City of Hillsborough have adopted a waterline agreement to address the extension of a waterline along U.S. Highway 70 between the two communities. The agreement permits connections along its entire length. The current Land Use Plan has a recommended goal or policy that no connections would be permitted within the areas that are designated Rural Residential. On July 14, the Orange County Planning Board considered the proposed agreement and made several recommendations. They requested that the two parties be contacted to seek revisions to the agreement which would permit connections only in designated 10 and 20-year transition areas in accordance with the Land Use Plan or in situations where emergency services are needed. The second recommendation was that Orange County contact the City of Durham for the purpose of seeking revisions to its Urban Growth Boundary which are consistent with the 10 and 20 year Transition Areas of the Orange county Land Use Plan. The third recommendation had to do with Section 11 being revised to clearly define the limits for the transmission of water from Hillsborough to Durham and that such limits be based in part on the limits for withdrawals from the Eno River. The Planning Board asked that if these recommendations could not be secured that several policies be approved at this time. These are listed below in the motion. Meetings have been held with the City of Durham and Hillsborough and they agreed to revise the agreement to be consistent with the Orange County Land Use Plan. On July 27, the Durham City Council addressed the County's concerns in the revised agreement which indicates that the City "will allow new development only in conformance with the adopted land use plan of Orange County". When the Town of Hillsborough acted on the agreement on August 10, it did not include a similar provision within the agreement. In the revised agreement, capacity has been defined to mean "the capacity of the Town of Hillsborough to supply water to the City of Durham from the Eno River in light of any applicable restrictions in effect at that time. These restrictions refer the withdrawal ordinances that the or the City may have adopted. County Count Since the Hillsborough Town Council has chosen not to recognize the • County's Land Use Plan, the staff is recommending that the two policy 2 recommendations of the Planning Board be approved by the Board of Commissioners. Commissioner Hartwell asked that the phrase "established district" be clarified and Collins indicated that "established district" means the same as 10 and 20-year transition areas and the Land Use Plan recognizes that transition areas are either consistent or to be consistent with water and sewer services. Motion was made by Chair Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation to adopt the following two policies: (1) That Orange County immediately establish as a matter of policy that it will not approve any development project to be supplied with water and/or sewer unless located in a water/sewer service district incorporated into the Land Use Plan and appropriate ordinances, following public hearing and citizen comment. (2) That, except in emergency situations, Orange County neither fund nor support extensions of public or private water/sewer services outside service areas adopted as part of the Land Use Plan. Furthermore, where county funds are used, in whole or in part, to finance extensions of such services, it shall retain some authority to determine the disposition of utility services provided. VOTE: UNANIMOUS. 8. PROPOSED WATER/SEWER POLICY Marvin Collins presented for consideration a proposed water and sewer policy for Orange County. The policy was prepared by the Natural Resources subcommittee of the Planning Board. The Planning Board made minor changes to the policy. The Planning Board Chair has recommended that a public hearing be held as soon as possible on the proposed policy to receive utility provider and citizen comments. Another purpose is to incorporate the proposed policy into the Land Use Plan. The Manager recommends that the Board receive the proposals as information and schedule a public hearing on the proposed water/sewer policy for September 15, 1987. Proposed revisions to the financial assistance policies can be presented to the Board at its September 8, 1987 meeting. Motion was made by Commissioner Willhoit, seconde4 by Commissioner Carey to receive the report and that new copies be distributed before the next meeting. VOTE: UNANIMOUS. 9. WILDWOOD DRAINAGE PROBLEM Marvin Collins presented a status report concerning drainage problems associated with Wildwood Subdivision. He asked that one additional condition be added to the recommendation which is included in the motion as stated below. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey that the following action be taken as soon as the developer submits a letter agreeing to pay for the preparation of the plan and implementation of the recommendations. (1) approve the proposal submitted by Hazen and Sawyer and authorize the Chair to sign on behalf of the County, Department to release lots 158 and 160-163 for buildingtper e mit the o Pesnniug g s withhold certificates of occupancy for the lots until the study but completed and improvements are installed. VOTE: UNANIMOUS. 10, ' ADDITION OF BRIGADOON DRIVE IN BRIGADOON SUBDIVISION TO THE STATE 3 - MAINTAINED ROAD SYSTEM Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the petition from NCDOT for approval of Brigadoon Drive in Brigadoon Subdivision to theState-maintainedddSecondary Road System. VOTE: UNANIMOUS. 11. LOCAL EMERGENCY PLANNING COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the following persons as members of the Local Emergency Planning Committee: County Don Willhoit Law Enforcement Lindy Pendergrass Civil Defense Bobby Baker Fire Fighting Mike Tapp First Aid Bobby Baker Health Charles Harper Local Environmental Dr. Carl Shy Victor Germino Hospital Ted Latta Dr. Fred Hansen Transportation Robert J. Godding Broadcast Media David Medlock Print Media Kevin Meredith Community Groups Dr. Carl Shy Victor Germino Owners and Operators of k Latta Kirby ke K Facilities Mrby VOTE: UNANIMOUS. H. APPOINTMENTS The following appointment was approved by the Board: ABC BOARD Bob Brown ADDED ITEM RESPONSE TO THE UTILITIES COMMISSION (A copy of the letter is in the permanent agenda file in the Clerk's office) . Chair Marshall presented for approval a response to the North Carolina Utilities Commission for Docket No. P-10, Sub 428 . Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the letter and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS. I. ADJOURNMENT With no further business to come before the Board, Chair Marshall adjourned the meeting. The next regular meeting will be held on Monday, September 8, 1987 in the Courtroom of the old Courthouse, Hillsborough, North Carolina. Beverly A. Blythe, Clerk Shirley E. Marshall, Chair ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS (1 Item No. V ACTION AGENDA 11524 ABSTRACT MEETING DATE August 18, 1987 _ 001 Subject: MINUTE i Department: BOARD OF COMMISSIONERS f f Public Hearing: Yes X no j 1 Attachments: Information Contact: Bever Under Separate Cover 3,Y A. Blythe Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: , May 4, 1987 - Regular Meeting BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION: As the Board decides. ORANGE COUNTY 002 BOARD OF COMMISSIONERS Action A enda ACTION AGENDA ITEM ABSTRACT Item No. � Meeting Date: August 18, 1987 SUBJECT: Housing Demonstration Grant DEPARTMENT: Housing/Community Development PUBLIC HEARING: x Yes No - ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes Selection Criteria NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive comments from the public concerning FY1987 Housing Demonstration Grant the proposed Application. BACKGROUND: The North Carolina Department of Natural Resources and Community to conduct a public hearing g o obtain citizen's comments at the beginning of the Housing Demonstration Application process. Coats received during this public hearing will assist the Housing and Community Development Debt in designing an innovative and effective project ch improve the housing problems of low and moderate income residents, Eligible Projects include those designed for: 1. Maintenance of Low and Moderate Income Housing; Adaptive Reuse of Structures for Conversion to Low and Moderate Income Housing: 3. Self-Help Approaches to Housing Rehabilitation or Construction for Low and Moderate Irk Persons. A total of $550,000 is available from NRCD for this program for the entire state. However it has been request funds for projects costing between recommended 100,000 - $150 localities RE ATION(S): 003 Selection Criteria For Housing Demonstration Projects A. Types of Projects Eligible projects must address at least one of the following areas: 1. Maintenance of Low and Moderate Income Housing. Projects in this area should address innovative approaches to maintaining existing housing occupied primarily by low and moderate income persons. Activities might include special incentives to property owners; education and training programs for residents and landlords; housing reinspection programs; tool lending "libraries"; purchase of materials; etc. 2. Ada tive Reuse of Structures or Property for Conversion to Low an Mo erate Income Housing. Projects in this area should address innovative approaches to increasing the housing stock available to low and moderate income persons. Activities might focus on conversion of non-housing structures into housing units or conversion of existing single-family dwellings to shared housing. 3• Self-Help Approaches to Housing Rehabilitation or Construction for Low and Moderate Income Persons. Projects in this area should address utilizing low and moderate income beneficiaries of the program in rehabilitating existing housing or constructing new housing through approved neighborhood based non- profit groups. Activities may include material sub- sidies, payment of direct labor costs for construction, and real estate acquisition. B. Selection Criteria (1) Low and Moderate Income Benefit. All activities in each housing demonstration application must benefit at least 51% low and moderate income persons. Projects will be evaluated to determine if this minimum standard is met or exceeded. Under this criterion, projects also will be evaluated on the documentation of the methodology to determine benefit. (2) Innovation. Under this criterion, projects will be evaluated to determine how frequently similar approaches have been utilized across the state and within the housing demonstration application pool. (3) Transfer Potential. Under this criterion, projects will be evaluated to determine the potential for implementing similar approaches in other localities. 004 (4) Impact. Under this criterion, projects will be evaluated to determine both the short term impacts (numbers of of units and beneficiaries involved immediately, impact on local housing needs, etc.) and the long term impacts (efforts to ensure longer term availability to low-and moderate-income persons, maintenance of project improve- ments, etc.) (5) Other Funds. Under this criterion, projects will be evaluated to determine the amount of non-CDBG funds involved, the source and use of such funds, and the strength of the commitment of the other funds. Except for the low and moderate income benefit criterion, and basic program eligibility requirements, no minimum criteria or requirements will be applied to projects. All eligible projects received will be evaluated against each other, and those projects which best meet the identified criteria will be selected for funding. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 005 ACTION AGENDA ITEM ABSTRACT Meeting Date _9u guat_1$z_12$?_ Act ion a da Item - _ SUBJECT: MORIAH HILL ROAD AND TIMBERLY DRIVE - PRELIMINARY ASSESSMENT RESOLUTION - DEPARTMENT: PLANNING PUBLIC HEARING _X___Yes No ATTACHMENT(S ) : INFORMATION CONTACT: Eddie Kirk Preliminary Assessment Resolution Final Assessment Resolution Certificate of Mailing TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To obtain public comment on the Preliminary Assessment Resolution approved by the Board of Commissioners on August 3, 1987 and to take action on the adoption of the Final Assessment Resolution for Moriah Hill Road and Timberly Drive. To schedule the public hearing on the Preliminary Assessment Roll for October 20, 1987. BACKGROUND: The Moriah Hill Road and Timberly Drive PPP ro j ect was accepted as a project by the Board of Commissioners April 16, 1985. Moriah Hill Road and Timberly Drive are listed on the NCDOT 1986-87 Secondary Road Improvements Program. The project is listed as priority #1 on the Orange County PPP Program. 16 of 21 property owners, 76% of the property owners, owning 19 of 24 lots signed the petition accounting for approxi- mately 4231 feet of frontage or 79% of the total road frontage. The petition met the criteria for eligibility to participate in the program. To fulfill the legal requirements for the program public input on the basis of assessment as described in the Pre- liminary and Final Assessment Resolution is required. The Resolution provides for assessment on the basis on an equal 006 rate per foot of frontage. The Clerk to the Board has filed a Certificate of Mailing which will certify that the notices of this public hearing were mailed to each property owner subject to the assessment. If the Board finds the Preliminary Assessment Resolution satisfactory, then the Board can by subsequent action adopt the Final Assessment Resolution for the project. Upon adoption of the Final Assessment Resolution, the Pre- Iiminary Assessment Roll can be prepared and a public hearing set to obtain comment on the Roll . In addition, the Department of Transportation can be forwarded the local share of the construction costs of the project. RECOMMENDATION: The Manager recommends adoption of the Final Assessment Resolution for Moriah Hill Road and Timberly Drive. Accept the Certificate of Mailing offered by the Clerk to the Board and attached to this agenda item. Schedule the public hearing on the Preliminary Assessment Roll for October 20, 1987. 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Present: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit Absent: None ****************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD (S) # 1881 AND #1794, ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statutes Section 153A-205 (c) ; and 1 010 WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said road (s) , as permitted by North Carolina General Statutes Section 153A-185 (4) and as provided for in North Carolina General Statutes Section 153A-205; IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be the number of lots served , or subject to be served , at an equal rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above, which local share is estimated to be $34 , 915. 16 and represents approximately Thirty-nine and Two Tenths percent (39. 2%) of the total project cost. (A portion of the non-local share of this project represents a reserve established by N.C. D.O.T. for the acquisition of right of way necessary for the project. The status of right of way will not be determined by N.C. D.O.T. until the local share of the project is paid by Orange County to N.C. D.O.T. If the necessary right of way cannot be acquired voluntarily by N.C. D.Q.T. , the project will not be undertaken. ) 4 . No assessments of this project will be held in abeyance. 2 011 5. The assessments shall be paid in the following manner : a. Within thirty (30) days after the Notice of Confirmation of the Assessment Roll is published , each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment roll is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this Preliminary Assessment Resolution will be held on the 18th day of August, 1987 , at 7 : 30 o' clock p. m. , during the regular meeting of the Board of Commissioners of Orange County, in the courtroom of the old Post Office, Chapel Hill , North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than ten (10) days prior to August 18, 1987, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: 3 012 NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD (S) #1881 AND #1794, ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road (s) # 1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be the number of lots served, or subject to be served , at an equal rate per lot. 3. Orange County will assess the total local share according to the basis set out in number 2 above, which local share is estimated to be $34 , 915. 16 and represents approximately Thirty-nine and Two Tenths percent (39 . 2%) of the total project cost. (A portion of the non-local share of this project represents a reserve established by N.C. D.O.T. for the acquisition of right of way necessary for the project. The status of right of way will not be determined by N.C. D.O.T. until the local share of the project is paid by Orange County to N.C. D.O.T. 4 013 If the necessary right of way cannot be acquired voluntarily by N.C. D. O.T. , the project will not be undertaken. ) 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner : a. Within thirty (30) days after the notice of Confirmation of the Assessment Roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment roll is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7 : 30 o ' clock p.m. , on the 18th day of August, 1987 , in the courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by th Preliminary Assessment Resolution. At the time and place above stated , any resident of Orange County or any other interested person may appear and be heard. 5 014 This the 7th day of August, 1987 . BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County ,. N.C. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than ten (10) days prior to August 18 , 1987 . The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed :sing a form substantially as follows: CERTIFICATE OF MAILING I , Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of August, 1987, I mailed , by first-class mail , postage prepaid , a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken. 6 o1 WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina , this the 7th day of August, 1987 . /47,24 BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] This resolution is effective upon its passage. Thereupon Commissioner Moses Carey moved the passage of the foregoing resolution and Commissioner Don Wi 1 lhoi t seconded the motion, and the resolution was passed by the following vote: Ayes: Chair Marshall and Commissioners C2-ey, Halkiotis, Hartwell and Noes : Wi l lhoit. NONE *********************************************,******************** I , Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of August, 1987 , so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) # 1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book 23 7 016 WITNESS my hand and the official seal of said Board, this the 7th day of August, 1987. Zfeer4 BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 8 1) 1 A meeting of the Board of Commissioners for Orange County, North Carolina , was held at Chapel Hill, North Carolina, the regular place of meeting, at 7 : 30 o 'clock p. m. on August 18 , 1987 . Present: Absent: ****************************************************************** The following resolution was read to the Board : FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHAPE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (S) #1881 AND #1794 , ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, located in Chapel Hill Township, Orange County, as permitted by North Carolina General Statutes Section 153A-185 (4) and as provided for in North Carolina General Statutes Section 153A-205 . IT IS HEREBY RESOLVED THAT: 1 018 1. Orange County shall undertake financing of the local share of paving North Carolina State Rcad (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina . 2 . That basis for assessment for the local share of the costs of this project shall be the number of lots served , or subject to be served , at an equal rate per lot . 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share is estimated to be $34 , 915 . 16 and represents approximately Thirty- nine and Two Tenths percent (39 . 2%) of the total project cost. (A portion of the non-local share of this project represents a reserve established by N.C. D.O.T. for the acquisition of right of way necessary for the project. The status of right of way will not be determined by N.C. D.O.T. until the local share of the project is paid by Orange County to N.C. D.O.T. If the necessary right of way cannot be acquired voluntarily by N.C. D.O.T. , the project will not be undertaken. ) 4 . No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner : a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. 2 019 b. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment roll is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that: The total project cost is $89, 067. 16 and the amount to be financed and assessed by Orange County is $34 , 915 . 16 , as follows : Local Costs to Total be Financed by Costs Orange Count Construction Cost $88 ,000. 00 $33 , 848 . 00 Legal Services $ 700. 00 $ 700 . 00 Publication Cost S 117. 00 $ 117 . 00 Mailing and Other $ 250. 16 $ 250. 16 Total Project Cost $89, 067 . 16 $34 , 915. 16 The County Manager is hereby directed to prepare a Preliminary Assessment Roll, which roll shall contain a tax description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be ascertained from the County tax records. 3 020 After the Preliminary Assessment Roll is completed , it shall be filed in the office of the Clerk to the Board of Commissioners, there to be available for public inspection until a public hearing is held on the said Preliminary Assessment Roll . A public hearing on the Preliminary Assessment Poll shall be held on October 20, 1987, at 7. 30 p.m. , during the regular meeting of the Board of Commissioners of Orange County, in the courtroom of the old Post Office, Chapel Hill, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than ten (10) days prior to October 20, 1987 , the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FILED WITH THE CLERK TO THE BOARD OF COMMISSIONERS OF ORANGE COUNTY PURSUANT TO THE DIRECTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AND PURSUANT TO THE BOARD ' S DECISION TO FINANCE THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (F) #1881 AND #1794 , ALSO KNOWN AS MORIAH HILL ROAD A::D TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has completed and filed a Preliminary Assessment Roll. Pursuant thereto: 4 021 1. Orange County shL11 undertake the financing of the local share of paving North Carolina State Road (s) € l881 and #1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, No::th Carolina . The amount to be financed by Orange County is estimated to be Thirty-four Thousand Nine Hundred Fifteen and 16/100 Dollars ($34 , 915. 16) , including costs and attorney ' s fees . A portion of the costs of paving the above roads will be borne by the Department of Transportation or the State of North Carolina . 2. The Assessment Roll completed is on file with the Clerk to the Board of Commissione--s of Orange County, and is available to the public for inspection. 3. The Public Hearing will be held at 7 : 30 o ' clock p. m. on October 20, 19$7, in the courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting for the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary AsSessment Roll . At the time and place above stated, any resident of Orange County or any other interested person may appear and be heard. Dated, this the _ day of 1987. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County , N. C. 5 022 The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be mailed by first-class mail to each owner of property as listed on the roll, not less than ten (10) days prior to October 20, 1987, the date set for the hearing. The notice shall be in substantially the following form: NOTICE TO : (owner and property description from assessment roll) SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS ' DECISION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (S) , ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a public hearing will be held by the Orange County Board of Commissioners on October 20, 1987 , at 7 : 30 o'clock p.m. , in the courtroom of the old Post Office, Chapel Hill, North Carolina , to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note that the amount of assessment on the property described in this Notice is $ as shown on the 6 Q23 Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the Preliminary Assessment Roll was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about , I mailed, by first-class mail, postage (a date at least 10 days before the hearing) prepaid, a notice to each property owner of the public hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive, located in Chapel Hill Township, Orange County, North Carolina. The notice mailed set the date and time of the public hearing and also the amount of assessment on the property owned by the person to whom the notice was sent according to the county tax records. 7 024 WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina , this the day of August, 1987 . BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. This resolution is effective upcn its passage. Thereupon, Commissioner _______ moved the passage of the foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: Noes: ****************************************************************** I, Beverly Blythe, Clerk to the Board cf Commissioners of Orange County, North Carolina, DO HEREBY CERT_Fy that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on August 18, 1987 , so far as the same relate to the Final Assessment Resolution , determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also 8 025 known as Moriah Hill Road and Timberly Drive, located in Chapel Hill Township, Orange County, North Carolin5 , as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board , this the day of August, 1987. BEVERLY BL'_'THE, Clerk to t:,e Board of Commissio-, rs of Orange Cou: zy, N.C. [SEAL] 9 ORANGE COUNTY 026 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: AUGUST 18, 1987 SUBJECT: PRESENTATION--CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S PLAQUE (TO BE PRESENTED) OFFICE,X501 CERTIFICATE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To acknowledge receipt of this Certificate of Achievement and recognize the individuals responsible for its having been earned. BACKGROUND: The Certificate of Achievement recognizes excellence in governmental financial reporting. It was begun by the Muni- cipal Finance Officers Association in 1945 to emphasize the importance of the need for every governmental unit to prepare and publish an easily readable and understandable Comprehen- sive Annual Financial Report. The Certificate of Conformance is generally acknowledged as the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by an entity and its management. The benefits of obtaining the Certificate are: 1. Comparability: Reports qualifying for Certificates employ standardized terminology and formatting conventions, and facilitate comparisons from one year to the next and among different entities. 2. Completeness: The financial statements, supporting sche- dules, statistical tables, and narrative explanations required for a Certificate help to assure that all fiscal data are presented that are needed by the many persons and groups having interest in the financial affairs of Orange County. 3 . Clarity: The report is to be free of ambiguities and misleading inferences. 4. Bond Marketing Aid: Reports qualifying for a Certificate of Achievement provide a detailed vehicle by which market analysts, investors, potential investors and others may assess the relative attractiveness of a government's securities compared to alternative investment possibili- ties. 027 When a Certificate of Achievement is awarded to a government, an Award of Financial Reporting Achievement is also presented to the individual designated by the government as primarily responsible for its having earned the Certificate. This award is presented to Finance Director, Gordon R. Baker and the Finance Department staff. •-- BOARD OF COMMISSIONERS - ACTION AGENDA ACTION AGENDA ITEM ABSTRACT MEETING DATE 8/18/87 ITEM NQ SUBJECT: Proclamation of Women's Equality Day 028 1DEPARTMENT: Commission for Women I f PUBLIC HEARING: YES x NO ATTACHMENT(S) : proclamation INFORMATION CONTACT: Andi Reynolds Coordinator PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE -- 227-2031 DURHAM - 688-7331 PURPOSE: To officially recognize August 26, 1987 as Women's Equality Day. This day celebrates the passage of the 19th Amendment to the US Constitution, which gives women the right to vote. BACKGROUND: To continue the advisory role of the Commission for Women to th County Board of Commissioners. the Orange • Increases the importance of the day in the public eye • Fosters awareness of the 19th Amendment • Publicizes the role of the Commission for Women as advisor to the Orange County Board of Commissioners • Documents the Orange County Board of Commissioners ' support for women RECOMMENDATION(S) : As the Board decides. 029 ORANGE COUNTY PROCLAMATION WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, that amendment reads as follows: "The right of citizens of the United States to vote shall not :be denied or abridged by the United States or by any state on account of sex."; and WHEREAS, the power of the vote is the gateway to continued improvements in the status of women; and WHEREAS, the Orange County Commission for Women advises the citizens and Board of Commissioners of Orange County of the status of women in Orange County; and WHEREAS, that status remains unequal, especially economically and politically; and WHEREAS, yet women make significant contributions economical) and in myriad ways to Orange County. economically, politically NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim Wednesday, August 26, 1987 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality and do hereby urge all citizens to work to guarantee full equality for all women. This the 18th day of August, 1987. Shirley Marshall Chair, Orange County Board of Commissioners Orange County Commission for Women • 131 Court Street • Hillsborough, NC 27278 Hillsborough: 732-8181 • Chapel Hill: 967-9251 • Mebane: 227-2031 • Durham: 688-7331 ORANGE COUNTY • BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. Flo MEETING DATE AUGUST 18, 1987 SUBJECT: LEASE APPROVAL WITH THE ART CENTER, INC. 030 *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES LEASE JERRY PASSMORE PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 URHAM 688-7331 *************************************************D** ******************* PURPOSE: To consider approval of a lease with the Art Center, Inc. for space to be used as a Senior Center. BACKGROUND: The Arts Center Inc. (formerly The Art School) is currently renovating the supermarket building at 300 E. Main Street, Carrboro, N.C. They were able to obtain $40,000 in grant monies by allowing the Senior Center to be housed in the building for a period of no less than ten (10) years. The attached lease details the terms and conditions that have been negotiated with Jacques Menache, Executive Director of the Center. The Orange County Department on Aging intends to operate a nutrition site as well as several other programs for Seniors at this facility. In addition, the space is available within a designated time frame for other meetings that the County may hold. RECOMMENDATION: To approve the lease with the Art Center, Inc. from September 1, 1987 through June 30, 1992 for the purposes designated in the lease for a sum of $1,136.00 and authorize the Chair to sign on behalf of the Board. ART SCHOOL LEASE 2020 LEASE Oh 031 This lease agreement dated the 18th day of August, 1987, by and between the County of Orange, hereinafter called the County and the The Arts Center, Inc. hereinafter called the Arts Center. W I T N E S S E T H The Arts Center hereby leases to the County and the County hereby leases from the Arts Center 2122 square feet designated as areas #1, #2, #3, #4 and Kitchen on exhibit A, which is attached, in a building located at 300 G East Main Street, Carrboro, North Carolina. 1. TERM: The term shall commence on the 1st day of September, 1987 and shall end on the 30th day of June, 1992, on the terms and conditions set forth herein. In accordance with the requirements for obtaining State Senior Center Development grant monies, the Arts Center will allow the County to renew for one additional five-year term. 2. RENT: a. ) The County agrees to pay the Arts Center a sum of one thousand one hundred thirty six dollars ($1,136. ) per month in advance, on the first day of each and every month. Rent shall. be paid to the Arts Center at such location as is designated in writing. b. ) Rent Schedule: Year 1 (pro-rated Sept. 1 - June 30) $ 11,360 Year 2 through Year 5 $ 13, 632 3. NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to the County or the Arts Center at their respective address as set forth herein: TO COUNTY: ORANGE COUNTY Department of Purchasing and Central Services 300 W. Tryon Street Hillsborough, NC 27278 TO ARTS CENTER: THE ARTS CENTER PO Box 789 Carrboro, NC 27510 or at such other address as may hereinafter be designated in writing by -either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. A. USE AND POSSESSION: It is understood that the leased premises are to be used by the Orange County Department on Aging for general office purposes, for various programs offered to Senior Citizens and for a Senior's nutrition site. It is likewise understood, within scheduling constraints as specified in the "Scheduling" section of this lease, that meetings held by various County departments, Boards or PAGE 2 Commissions are permitted and that the County m y,3 2u on approval of Arts Center staff, utilize other areas of the Arts Center for the purpose of holding meeting or classes. Offices, Areas #3 and #4 as designated on Exhibit A, will be used exclusively by the Department on Aging. 5. SCHEDULING: Responsibility to schedule areas #1, #2 and Kitchen are as follows: C = County will schedule A = Art Center will schedule 8:00 A.M. 5:01 P.M. 12:01 A.M. to to to 5:00 P.M. 12: 00 MIDNIGHT 8:00 A.M. Monday C C A Tuesday C C A Wednesday C C A Thursday C A A Friday C A A Saturday A A A Sunday A A A Requests by the Arts Center for the use of areas the kitchen during hours designated for County scheduling2will not be unreasonably denied. Requests by the County for the use of areas #1, #2 and Kitchen during hours designated for Arts Center Scheduling will not be unreasonably denied. 6. STORAGE: The Arts Center will allow the County to utilize 50% of • built-in storage space to be constructed in areas #1, #2 and kitchen. 7. REPAIR AND MAINTENANCE: The Arts Center agrees to keep repair and maintain the interior and exterior of the building, all common areas, sidewalks, parking area, repairs for heating and air- conditioning, plumbing and electrical. 8. UTILITIES: It is understood and agreed that the Arts Center will provide all utilities, except telephone service. 9. MAINTENANCE SERVICES: The Arts Center agrees to provide routine janitorial service and trash removal daily and to provide supplies associated with this function. the Arts Center agrees to keep restrooms supplied with towels, toilet tissue PAGE 3 033 and hand soap. The County will provide quarterly floor maintenance in areas #1, #2, #3, #4, and kitchen. Maintenance to consist of stripping floor, if required, waxing and buffing. Scheduling of this maintenance to be coordinated with Arts Center staff. 10. TELEPHONES: It is agreed that the Arts Center will provide wiring, jacks and handsets in the leased premises. It will be the County's responsibility to arrange for connection of phone service and to pay monthly line charges and long distance charges. 11. INSURANCE: The Arts Center shall provide All Risks of Physical Loss or Damage coverage to the Leased Premises Property owned by the County and housed in the Leased Premises will be insured by the County. If the leased premises is destroyed by fire or other casualty, without fault of the County, this lease shall immediately terminate and the rent apportioned to the time of the damage. In case of partial destruction or damages by fire or other casualty without fault of the County, so as to render the premises untentable in whole or in part, there shall be an apportionment of the rent based on available leased space until the damage has been repaired. During such period of repair, the County shall reserve the right to obtain similar office space at the County's expense or the County may terminate the lease by giving ten (10) days written notice to the Arts Center. The Arts Center shall provide and maintain general liability insurance with limits of no less than $100, 000 per occurrence, $300, 000 aggregate, the Arts Center shall provide the County with a certificate of insurance stating coverage and limits within thirty (30) days following the execution of the lease. 12 . INDEMNITY: The County agrees to indemnify and save harmless to the extent permitted by law and to the extend provided for by policies of insurance maintained by the County, the Arts Center 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 occurrin g in the leased premises in whole or in part by any act or omission on�the part of the,_ County or an employee, agent, visitor, assign or undertenant of the County 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 County 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 County. 13. QUIET ENJOYMENT: The Arts Center agrees that the County upon the stipulated rental and keeping and y P paying and covenants herein contained, shallfo oldga the enjoy the Leased Premises for the term aforesaid, subject to the enjoy of this lease. PAGE 4 034 14. ENTIRE AGREEMENT: This lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. 15. COVENANT of TITLE: The Arts Center covenants, represents and warrants that it has full right and power to execute and perform this lease. If at any time during the term hereby demised the title of the Arts Center shall fail or it shall be discovered that the Arts Center's title does not permit the Arts Center to grant the premises for the term(s) hereby demised, the County's remedy, which shall be exclusive of all other remedies, shall be: 1. ) Annual and void this lease and; 2. ) the Arts Center shall indemnify and hold the County harmless against any claims for rents resulting from any titles claim. 16. SIGNS: The County reserves the right to erect a sign that it deems appropriate to properly direct the public to the Senior Center housed in the leased premises. Prior to erection or posting of signs, the County agrees to submit plans to the Arts Center Director for approval, which approval shall not be unreasonably withheld. All signs erected/posted by the County shall comply with all the requirements of public authorities having jurisdiction with respect thereto. 17. PARKING: The Arts Center shall provide adequate parking for staff members and Department on Aging clients. It is understood and agreed that Department on Aging busses will load and unload clients at the front entrance of the Arts Center. ART CENTER, INC. JACQUES MENACHE, EXECUTIVE DIRECTOR ORANGE COUNTY SHIRLEY E. MARSHALL, CHAIR ATTEST: Clerk to the Board of Commissioners ORANGE COUNTY 035 BOARD OF COMMISSIONERS Action A nda Item No. 4 ACTION AGENDA ITEM ABSTRACT Meeting Date: SUBJECT: Tax Refunds Request • DEPARTMENT: PUBLIC HEARING: Yes X No Tax Supervisor ATTACHMENTS) :. INFORMATION CONTACT: Individual Request TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane -- 227-2031 Durham - 688-7331 • PURPOSE: To consider 9 request for refund of tax bills. • BACKGROUND: General Statutes 105-381 C67 Action of Governing Body -Upon receiving a taxpayers written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days, after receipt of such a request determine - whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current liability or notify the taxpayer in writing that no release or refund will be made. • • e RECOMMENDATION(5) : 'Approve refunds. .Il• ACCT f 32194 036 TRACT# 712788 - MAP 7.118A.B.1 H. L. Underwood, Jr. BILL# 8637410 107 Wolf's Pond Tr1. Chapel Hill, N.C. 27514 RATE CODE: 19 • COMMENT: Acreage was incorrectly plotted at 2.66. Correct- acreage ' - :. -- '''' according to restrictive-covenant is 1.8189. • • ACTION REQUESTED: Refund tax overpayment for 1984, 1985, and 1986 Value Difference 1984 -1985 1986 e - Total.Refund - Acreage. . Value GO $44.95 GO $47.40 CO $53.12 . - . $61:79- 2.66 29,845 CH 12.75 CH 14.:38 CH - 16.62 - 65.87 .. FK 409 FK 4.09 FK -. 4.09. _. 73.83 • 1.8189 21,673 - -- $61•79 $65.87 .$73•83 60;15—. $ Sj172 6p:15 • 1983 1982 $321.79' - GO $44.95 • $44.95 CH 11.93 11.93 RECOMMENDATION: Approve F 3.27 .• 3.27 - - $60.15 - $60.15 ORDER _ DATE: • • • ACCT P 7933198 TRACTS 713175 MAP 7.118A.B.13 Elston Seal, Jr. BILL 8632525 119 Wolf's Trail Chapel Hill, NC 27514 RATE CODE 19 19 C COMMENT:- Clerical error in size of dwelling. ACTION 'REQUESTED: Refund property tax overpayment for 1984, 1985, and 1986;_ (Property Value Difference: $37,573) : - 1984 1985 . . 1986 - TOTAL REFUND. •1983 1982 . GO 206.65 . GO 217..92 GO. 244.22 $284.05 :- $206-.45 - • 206.45 CH 58.61 CH 66.13 CH 74:77 302:84 - 54.86 '. ` 54.86- FK 18.79 FK 18.79 FK 18.79. - ' - ,337.78 .. 15.03 - - .5.03 . 276:34 - . $284.05 $302.84 $337.78 276.34- • - - - ` $276.34 ---- •.$276.34 $1,477.35 . RECOMMENDATION: Approve ORDER DATE: • 1 . ACCT f 68030 038 3 b TRACTD 716183 Q MAP 7.24H.D.14 ] . David R. Gunnels RILID 8614262 18 Balsom Court RATE CODE 22 Chapel Hill, NC 27514 C - • COMMENT:. Incorrect square footage recorded on house. • ACTION -REgUESTED: Refund tax overpayment for 1964, 1985, and 1986 Valuation $6,169 ' 1984 1955. 1986 - Total Refund 1983 r GO $33-9-3 $35.78 $40.10 $85.81 $33.93 CH 9.52 10..86 12.28 68.90 9..01 G2 42.26 42:26 42.26 43.18 95.56 $85.81 $88.90 _ $95.56 $85.20 .56 85.20 .. : . $355.47. . PURCHASED.10/12/82" - RECOMMENDATION: Approve ORDER : ; DATE: . • • _I.. ACCT p 28155 • IRACW 705545 - MAP 7.80.8.42 1 . Madeline Patterson BXLL 8627960 26 Banbury Lane • Chapel Hill, NG 27514 RATE CODE 22 • E • • • 3 - • 035 . - • COMMENT: Acreage plotted incorrect - • 1y as 2.3 acres. Should have been - . 1.39 acres. Corrected for 1986, refund due for 1985 and 1984. - - - 2 _ .91 acres plotted out of total .2.3 .acres but "the parent-"parcel • size was never reduced: Plotting error in Land Records - R cords Dept: • • • ACTION REQUESTED_ Refund tax overpayeinnt for 1984 and 1985: . Valuation $19,620 1985 _1984 TOTAL REFUND • 1983 . •1382 = GO $113.80 $107.91 $282.73:.:- $1.07z91 •_ - CH 34.53 136.56_- 30.61 • 272.-92 • 28:65 -:134.40 G2 134.40 '134.40 270.:96. :: • -_ 270.96 134.40-. ' r - $282.73 $272.92 — $1>09.7.5T - $270.96- :$270.9 ' • - RECOMMENDATION: Approve • • ORDER ' - DATE: • • • TWP 7 0 4 0 ACCT ft 102447 TRACTf - i MAP Zdanski; Celeste M. BILLI ' 8641559 527 Colony Wood Drive Chapel Hill,. NC 27514 • COMMENT_ Listed dog in error. - r ACTION 'REQUESTED: Refund dog tax DO $5.00 D2 . 5.00 -- $10.00 ■ • RECOMMENDATION: Approve • • • ORDER : DATE: • • • MET ACCT D 60611 • TRAC1L 122376 • r a MAP 1.1.-8A • Anthony and Nancy Clayton BILLS 866824 • Rt 1, Box 49 _ - Hurdle Mills, NC 27541 - 041 - - . - COMMENT:. The 1986 Nissan;Maxima is a :le �3ed vehicle•and -should not have included in the ve been• : _ he grand total for personal% property.• . - _ • ACTION REQUESTED: Refund tax overpayment for year 1986 - - - Valuation $12,590 _ . 1986 - - - _-- - G0 $78.06 - . CH 3.7s _ . FH 6.30 - . . LL 8.82 _ _- - . $96.96 - - ` - - - . _RECOMMENDATION: Approve .. _ _ - - - - - - - •• ORDER • DATE: • - f • ACCT # 64302 042 TRACT# MAP 7 . James R. Bettman & Joan BILL 82543 213 Huntington Dr. • Chapel Hill, NC 27514 - • COMMENT: A leased car was listed by both First union, the lessor, .- and Mr. Bettman, the lessee. Mr. Bettman wishes a refund for the' •taxes paid in his name. • • ACTION PEQ VESTED: Refund tax overpayment - . . . Valuation - $12,590 - . • 1986 GO $78.06 • • SC 3.78 G2 88.13 _ - - - SC 25:05 $195.02 • RECOMMENDATION: Approve ORDER : DATE: • • • ACCT i 102003 IRACTP 709291 MAP 7.36.A.30 3 8615683 Harold E. Hassenfelt BILLS 705 Estes Dr. Chapel Hill, NC 27514 • COMMENT: Abstract did not indicate .1982 Cadillac_as diesel. . Value of ' - vehicle should be 25% less for diesel. - - • . Taxpayer did not indicate Cadillac was a diesel on abstract -- • _ - : and subsequently discovered it was listed incorrectly. • + ACTION ...QUESTED; Refund tax overpayment for 1986M •1 _ . - 1982 Cadillac valued at $10,660. and:should have been $7995. Valuation-dif 'erence.$2,665-• - .- • 1986 GO $16.52 ' - SC • - .80* _ - _ - G2 18.66 •CH 5.30 - - - . • _ - _ . • $41.28 (Refund) - -•• RECOMMENDATION: Approve • ORDER _ _ DATE: • • • ACCT D 81751 044 7RACri 727220 MAP 7.83.D.7 - . ] . Davis, Davis & Davis, Inc. BILLS 8542733 Suite 314 143 W. Franklin St. _ C •Chapel Hill, NC 27514 - - CO;i NT: Property was dedicated right of way • • plat. Should not have been b• on •1-1-85.pe _recorded _ piled - • - • ACTION P.EQUF_STctl: Refund Taxes Paid • . SC 29.14 ]..41 _ - _ G2 32.90 ' . " _ ' - . . - . . . Cx 9.35 - ` Interest 3.11 _ . . - Refund 75.91 _ - - - - - - •- : RECOMMENDATION: Approve - _ •_ _ - : - ORDER DATE: � . - - • • -� - . 045 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. F3 MEETING DATE AUGUST 18, 1987 SUBJECT: BID AWARD; LAW ENFORCEMENT EQUIPMENT *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES BID TABULATIONS EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 *************************************************D**** ******************* PURPOSE: To consider award of a bid for radios, fully equipped visibars and tachographs to equip take-home fleet vehicles to be used by the Sheriff Department. BACKGROUND: On March 19, 1987 the Sheriff resented a p proposal to the Board requesting a take-home fleet be initiated for Sheriff Department officers. The Board endorsed the concept and during budget deliberations approved the vehicles necessary to implement the program during fiscal year 1987-88. Sealed bids were accepted on July 24, 1987 for the emergency apparatus to equip the full complement of take-home fleet vehicles. A tabulation is attached. Funds are appropriated in the Approved Budget to purchase these items. RECOMMENDATION: Award bid for fourteen (14) radios and installation of all equipment, to Piedmont Communications for a sum of $24,925; award bid for fifteen (15) fully equipped visibars to National Police Supply for a sum of $9493.35; award bid for fifteen (15) tachographs to Nichols Speedometer for a sum of $12, 075. i . � _ 14 • c w - " 0 E-1 . O El A7. • L. p w P4 V A • A A A h� H A - - Q rl • i . 9's �- „ -Ti \� mod r om. 4 co • \C- - a • m ' I • •s- O. S U w w v r_a A H C7 C.) Z Z A 0 0 - Pa U U C) .• i ' ti rr e 047 ti 11 • • W 'c ti t • . 4O i O -O . A (t 51 0 1 ' f < a a I A A A H H = z . O r, l+ j M - f 2 -l> a g •Q - o- 4 . 17. - 0 . al . 1-1't 3 3 n - r s e� o 4 ca O 4 `�• t,� o o . Q_ � t v �� pt_ r9 a. n • V1 Q Q ° O1 7 ° A o r rte°— a1 O t ,, r i -- 1 t V1 `f 1 W w J- -^f" • A F col cn d ;o o Q a a -- o GO U U P I, , ' • 1 1 6-: j....". . — . } . ___ AMM ORANGE COUNTY 048 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. L Meeting Date: AUGUST 18, 1987 SUBJECT: CBA PROGRAM AGREEMENTS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S (UNDER SEPARATE COVER) OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize Chair to sign Community Based Alternative program agreements. BACKGROUND: Board Budget Adoption August 4, endorsed the Youth Services Task Force recommendations for CBA funds and provided matching funds for CBA activities. The State requires the County to sign agreements for each CBA program. RECOMMENDATION(S) : Authorize Chair to sign CBA Program Agreements. 049 ORANGE COUNTY BOARD OF COMMISSIONERS Action Age da Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 1987 SUBJECT: Title III-B Aging Services Contract DEPARTMENT: PUBLIC HEARING: Yes x No Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry Passmore Two Contracts - Council of TELEPHONE NUMBER: Governments Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To request approval of contract for Title III-B Older Americans Act funds with Triangle J Council of Governments effective July 1 , 1987 through June 30, 1988 for federal/state funds in the amount of $106, 395. BACKGROUND: This is a yearly continuation contract covering aging services which are a part of the Department on Aging ' s current and approved budget . Without the Title III-B contract funds, the Department on Agig ' s services would have to be reduced or local revenues appropriated. RECOMMENDATION(S) : Approve contract and authorize Chair .to_ sign. • r w; 050 ORANGE COUNTY and TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES TIES AGREEMENT, entered into as this 1st day of July, 1987, by and between Orange County, (hereinafter referred to as "Contractor" or Agency") and the Triangle J Council of Governments, (hereinafter referred to as "COG"). WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking or protect and referred to as the "Project") which is to be wholly or partially financed by a grant from Administration on Aging through N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies"), said grant being a Contract for Social and Senior Center Services (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such er svices in connection with the Pro jet: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2 Local Support. In accepting this contract providing for $100,484 of federal funds and $5,911 of the state funds, the Agency agrees to provide not less than $11,822 of acceptable non-federal cash and $-0- acceptable in-�dnd contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and er svices described in Attachment "A" (or as described in FY 88 Area Plan) which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to asure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on cr before June 30, 1988. 051 Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, If any, to be paid the Agency under this Contract exceed the sum Cf $106,395 6. Progess Payments. Unless otherwise provided in Attachment "A`, the Agency shall be entitled to receive progress payments on the following bards As of the last day cf each calendar month during the existence Cf this contract,, the Agency shall submit to COG an invoice for payment based on the unit cast reimbursement rate per service (as identified in Attachment "A") through the invdaed period. Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance if the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end cf a month and roust be received within ten (10) days following the end cf the invoice period. The Agency will be paid an amount which equates the agreed upon unit cast reimbursement rate to the units provided during the invoice period. 7. Documentation of Essen,. Agency shall maintain full and complete documentation Cf all expenses a.9soriated with performing the scope Cf work under this contract Mme documentation shall include: timesheets for each employee, showing time went on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditure sr all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the mitt-acted service (including Agency contribution as well as amounts reimbursed by COG). B. Documentation of Service Recipents and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but nat be limited to, the names and addresses Cf individuals receiving services under the terms Cf this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the irdividaaL It is uncle stcd and agreed that the report procedures established by COG may also include actual casts incurred per unit of service including both COG oasts and Agency contributions. 9. Reprogramming of Funds. $ is understood and agreed that, in the event that the amount Cf funds received from the North Carolina Division of Aging is reduced, COG may, in tum, de rea. the total. compensation and reimbursement to be paid hereunder and require =responding changes in the Scope cf Services as set Cut in Attachment "A". R is further understood and agreed that, in the event at the end cf each quarter, the Contractor's rate cf progress on this contract is leading to urderspending at the end Cf the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to ether contracts and services. 10. Change of Unit Cast Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment AS The parties agree that COG will consider increasing the reimbursement rate only under two circumstances 052 (a) Upon a showing by Agency that actual casks have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have increased due to a sudden increase in client load (e.g., due to a disaster event). The parties further agree that COG shall have the right to decrease the reimbursement rate under any circumstances which show that actual costs are less than projected; including, but not limited to, circumstances in which: (a) Overall costs of providing service are shown to be less than forecast in the Agency's original bid for this service; tr (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number cf units cf service to be delivered. 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cast of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit cf envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract activity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission cf the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, lei the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 13. Agency's Personnel. Agency represents that it has, or will secure at its • • 05L own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG duirng any time within the twelve-month period immediately prior to the date of this contract, except with the express Prior written consent of COG. Further, Agency agrees that no one employed by COG now, cr within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. 14. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein Provided, all subcontract documents shall be submitted to COG for review and approval Igor to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. the Agency acknowledges that if the work or services to be performed under this contract is financed soley or partially through Federal funds, the selection cf subcontractors is governed by regulations requiring competition between potential subcon- tractors adequate j'—ification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, C 0 G shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency), in such form as may be specified by C 0 G, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 17. Inspections. Authorized representatives cut: C 0 G and the Concerned Funding Agency may t all reasonable times review and inspect the Prvjc, L activities and data pursuant to this contract. All reports, drawings, studies specifications, estimates, maps and computation prepared by cr for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such maul shall not relieve the Agency of its professional obligation to correct, at its expend, any errors found in the work. 18. Maintenance of Cast Records. The Agency shall maintain all books, documents, papers, accounting records and and other evidence pertaining to camas incurred in the Project and shall make such material available at all reasonable times during the period tr the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Agency, and if the work and services t o be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the • 054 United States, cr any of their duly authorized include the provisions of this representatives. The Agency shall connection with this Project. paragraph any subcontract executed in 19. Compliance with Requirements of the Concerned Agency shall be bound by the applicable terms and conditions of the The Contract between COG and the Concerned Funding Agen Contract is an file in the offices of COG, a ca which eaid Grant the Agency, and is hereby made a copy of which has been delivered to were attached hereto. part of this Agreement as fully as if the same 20. Data to be furnished Agency. All information, data, records and maps which are existing, readily available and reasonabl rem, as determined by COG, far- the performance by the Agency of the work and services required by this contract shall, be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for it under the terms of this delivered to, become and remain, the contract shall shall have the right to use same without restriction� C OG and the Agency shall friction or limitation and without compensation to the other. Fcr the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole or part under this contract shall be the subject Cf an application for behalf of the Agency cr its subcontractors. The work to be copyright by cr on contract may be subject to certain performed under this Agency. Information regulations issued by the Concerned Funding written regarding these relevant regulations may be obtained upon systems to COG. This contract does not provide for the development of and related analysis products, models, electronic data prong systems, software systems shall }v mss. Any development of such methods, materials, logic and paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title map or document, the following legend: "Pre page name such report) under Contract with the �� by (insert name of Agency) the�r Contract was Triangle J COG". The date (month and year) in which prepared shall also be shown. 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, � g cy, nor their agents, employees or subcontracts, presently has an interest, nor shall acquire an interest, direct cr indirect, would conflict in any manner or degree with the which hereunder, or which would performance of its service prevent, or tend to prevent, the satisfactory performance he Agency t e Agency's service hereunder in an impartial and � manner. is further covenants that in the performance of this contract Y person having any such interact and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency tang that the Agency's contemplated action will not constitute a 055 violation hereof, then the Agency without being in violation a this paragraph. authorized to take a such action 24. Interest of Members of COG and Others. No officer, member cr employee of COG, and no public official a- any loocal, government which is affected in any way by the Project, who exercises any function or th sha ll responsibilities in the review a- approval of the Project cr any component part his participate in any decision relating to this contract which affects personal merest ar the interest, of any corporation, partnership cr association in which he is directly cr indirectly wed; nor shall any such officer, member cr employee of COG, ar public official of any local government affected by the Project, have any interest, direct cr the proceeds arising therefrom. indirect, in this contract or 25. Officials not to Benefit No member of a- delegate to the Congress of the United States aE America, resident Commissioner cr employee of the United States Government, shall be admitted to any share cr part aE this contract cr to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment cr subcontractor because of race, color, religion, national origin. The Agency shall take affirmative action to insure age, at applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, age► or, national origin. Such action shall include, but not religion, sex, following: employment, upgrading, demotions, or transfers; e uit n to the recruitment advertising; layoffs cr terminations; : r er form cr f compensation; selection for training, including �� of pay Cr other farms of ceding apprenticeship; and participation in recreational and educational activities. the Agency has in effect such an affirmative action g cY certifies that it presently dates to assure the implementation of such plan. which des goals, target conspicuous plan. The Agency agrees to to place ce available to employees and applicants for employment, notices Pr setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations cr advertisements for subcontractors cr employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, ar national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing shall not apply to subcontractors for less than $10,000.00. (b) The Agency shall keep such records and submit such report, con the racial and ethnic origin of applicants for employment and employees as C O G Q the Concerned Funding..Agency may require. (c) The Agency agrees to comply with such rules,COG cr the Concerned ► regulations cr guidelines agreed upon Funding Agency's compensation which are mutually !?o by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and Agency is to perform hereunder. Such changes, including which the decrease in the amount of the Agency's compensation ding `may cr pensation which are mutually agreed 056 upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. • 28. portion of its interest i Assignability. The Agency shall not amigo, sublet cr transfer all cr any this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all permits, bonds, and insurance required licenses, g cy required for carrying out the services in Appendix A. Thh�e Aare en shall notify COG immediately if any requited licenses cr other cancelled, suspended, cr otherwise ineffective. Failure to maintain proper licenses, permits, bands and insurance shall be a basis for COG disallowing all cr part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in Agreement, Agency also fulfilling its duties under this provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/$50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency shall hold COG harmless for any damages to the person or property of any individual cr organization as the result of the execution cf the scope of service to be performed under this Agreement 31. Termination of the Contract If the Agency shall fain to fulfill in a timely and proper manner its obligations under this contra shall violate any gf the covenants, agreements, ' or if the Agency this contract; or if services do nit meet representations or stipulations cn of Aging; standards as set forth by N.C. Division Bing; ar if for nutrition service specifically, meals fail to follow the approved program menu and meet reasonable standard.s of nutrition, sanitation and palatability as determined by COG, COG shall give the Agency written notice specifying such failure cr violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure cr remedy such failure cr violation. If within such specified period the Agency shall cure cr remedy such failure or violation, or shall, take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure cr remedy the same or to take such steps as foresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15..hereof) shall, at the option of COG, become its property (subjact to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory completed on such documents or materials. Notwithstanding the Agency shall not be relieved of liabfitiy to COG for dam es s foregoing, COG by virtue of any breach of this contract by the Agency and COG may y withhd hold by any ee payments to the Agency for the purpose of set-off for damages Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined, 32. Termination for Lack of due to non-receipt of fud`w th�� � � event of prt�p�tive termination Contract by giving written notice to the carry art the Provisions of this specifying the effective date cif such Agency of such termination written and notice eif is termination. In the event such wri given, all fini. ar unfinished documents and other materials as described in paragraph 15 above shall, at the property (subject to full a option of the COG, become its will be paid fiar work satist=actorx7 completed � the Agency) and the Agency to the agreed y by the termination date ac crding 9r upon unit cast reimbursements if this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of in and construction shall be cowed by the laws of such State. terpretation. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. AGENCY: BY: Chairman or Designated Official TRIANGLE J COUNCIL OF GOVERNMENTS: BY: _.------:: ---77�� Ekecutive Director "Ti!i: instil:li !t has hten rreoulited in the i mount: required by the Local GoverLmcnt Budget aid F 1:':.ia: } 7-.7.7e,toilippr . riva;ec;: OM= of Ornav C i ity" z7../4 APPROVED AS TO L GA ORM: 47.6i-rf.../,' v Z./\'-ftyj,t---7 Counsel, Triangle J Council of Governments • 058 ATTACHMENT A TRANSPORTATION 1. Location of Service Provision. This service shall be carried cut for older persons in Orange County. 2. Service Standards. The delivery cf this service shall be in accordance with Standards as adopted by the N.C. Division cf Aging. 3. Compensaticn. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by COG exceed the maximum cf $44 371 Federal funds, $2,6117 State funds for the specified service and shall constitute full and compensation for the Contractor's service hereunder. complete Cash and -0- � kind Local match Of $5 220 resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of One Dollars and nine Cents ( $1.09 ) is every unit of service delivered to eligible for Contractor 90 9�e recipients. COG w�]. rPi m horse Ong $0.98 per unit with Federal and State funds, an amount 5. Scope of Service units. It is agreed that Contractor will work towards delivering 48,000 trips Cf acceptable service to eligible recipients by June 30, 1988. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. PersonneL It is understood and agreed that Jerry shall represent the Contractor or P�. Passraore, Aging Director shall re nt. Any change Pro Manager in the performance of this y nge in such Project Manager shall be subject to agreement with COG for continuation ce contract. 055 ATTACHMENT A CASE MANAGEMENT 1. Location of Service Provision. This service shall be carried out for older personsin orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division cf Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by COG exceed the maximum al $17,000 Federal funds, $1,000 State funds for the specified service and shall constiturte full and complete compensation for the Contractor's service hereunder. Local match of $2,000 Cash and -0- in kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate cf Five Dollars and eighty-eight Cents ( $5.88 ) iS agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % cf this rate with Federal and State funds, an amount equalling $5.29 per unit. 5. Scope of Service units. It is agreed that Contractor will work towards delivering 3,400 quarter -hours cf acceptable service to eligible recipients by June 30, 1988. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 aE this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel It is understood and agreed that Jerry N. Passmore, Aging Director shall represent the Contractor or Project Manager in the performance of this Agreement Any change in such Project Manager shall be subject to agreement with COG for continuation cf contract. 060 ATTACHMENT A SENIOR CENTER OPERATIONS 1. Location of Service Provision. This service shall be carried cut for older pens in Orange _ COunty. 2. Service Standards. The delivery cf this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by COG exceed the maximum of $39,113 Federal funds, $2 301 State funds for the specified ee vice and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $4,602 Cash and -0- in kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of N/A Dollars and N/A Cents ( N/A ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor N/A $ of this rate with Federal and State funds, an amount equalling N/A per unit 5. Scope of Service units. It is agreed that Contractor will work towards by June 30, 198A of acceptable service to eligible recipients 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract.. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore, Aging Director shall represent the Contractor or Project Manager in the performance of this Agreement Any change in such Project Manager shall be subject to agreement with COG for continuation of contract 061 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda - Item No. F ACTION AGENDA ITEM ABSTRACT . Meeting Date:August 1 8,1987 SUBJECT: Transportation Driver Provision Contracts with OPC Mental Health Center and Orange Enterprises, Inc. DEPARTMENT:Aging PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: (1) OPC Mental Health Center Contract Jerry M. Passmore, Ext. 280 TELEPHONE NUMBER: (2) Orange Enterprises Contract Hillsborough - 732-8181 ' Chapel Hill . - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Request approval to renew driver provision agreements with OPC Mental Health Center and Orange Enterprises, Inc. (formerly Orange Industries) who are part of the Orange County Transportation Development Plan (TDP). OPC-MHC and 0.E. would reimburse Orange County at $6.50 per hour for established work.schedtle. Contract period would be September 1, 1987- through June 30, 1988. BACKGROUND: The-Orange CAT Program, administered by the Dept. on Aging, provides van drivers to transport Adult Day Treatment Program clients, operate OPCMHC's courier service and to operate O.E. 's Northern Orange route. These agreements would maintain the coordinated use of certified drivers and shared use of CAT vehicles encouraged under the County Transportation Development Plan (TDP). IMPACT: The Agreements would pay for the full cost of hiring three part time drivers by the Department on Aging and provide additional • revenues to cover other CAT transportation-related expenses. RECOMMENDATION(S) : Approve contract and authorize Chair to sign. F - �. 062 Orange County C.A.T. Driver Agreement 4. This agreement entered into this - ls.t day of Sept, 1987 by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the "County" and Orange-Person-Chatham Mental Health Center, hereinafter referred to as "OPC-MHC." SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide a certified driver for (1) OPC-MHC courier service between sites and (2) transportation of OPC-MHC's Adult Day Treatment clients. Daily courier service schedule attached. Daily pick-up and take home of Adult Day Treatment clients between the hours of 8-9 :30 and 3:30-5:00 p.m. 2. To provide backup drivers in case the regular driver is not available. 3. To follow the OPC-MHC's transportation policies and procedures as well as State standards for program operation. 4. C.A.T. Transportation Coordinator will supervise driver. SPECIFIC RESPONSIBILITIES OF OPC MENTAL HEALTH CENTER 1. To reimburse Orange County at $5.50 per hour for a 42 hour week within 30-days after billing. 2. To pay for specialized driver training in the areas of client behavior interaction techniques with clients/families, medical management including seizures and any other procedures specific to the Adult Day Treatment program. 3. To provide a job description specifying job duties of courier/ driver and a copy of required transportation policies and procedures. 4. Director of OPC-MHC Adult Day Treatment will provide instructions regarding clients and their needs. 5. Facility Manager at OPC-MHC Northside office will provide daily instruction concerning duties and coordinate change in routes with C.A.T. Transportation Coordinator. T1 0 f. v The term of this contract shall be from September 1, 1987 through June 30, 1988 unless sooner terminated by either party giving 30- days prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF, Orange County and Orange-Person-Chatham Mental Health Center have executed the Agreement of the date first above written. County of Orange Orange-Person-Chatham Mental Health Center By: By: Chair or Designated Official Chair or Designated Official Date: Date: e 064 Orange County C.A.T. Driver Agreement This agreement entered into this 1st day of September, 1987 by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the "County" and Orange Enterprises, Inc. , hereinaf er referred to as "O.E. ". The purpose of this agreement is to outline the conditions under which the County and O.E. will cooperatively provide human service transportation under the C.A.T. (Coordinated Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide a certified driver for O.E. 's northern Orange route Monday through Friday for daily pick-up and take home of clients 2. To provide backup drivers in case the regular driver is not available. 3. To employ a C.A.T. Transportation Supervisor to handle any problem and to assure there is a driver and vehicle available. SPECIFIC RESPONSIBILITIES OF ORANGE ENTERPRISES, INC. 1. To reimburse Orange County at $6.50 per hour for a three hour minimum each day of operation within 30 days after billing. 2. To provide and pay for specialized driver training in the areas of client behavior interaction techniques with clients/families, medical management including seizures and any other procedures specific to the O.E. program and route. The term of this contract shall be. from September 1, 1987 through June 30, 1988 unless sooner terminated by either party giving 30 days prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF, Orange County and Orange Enterprises, Inc. have executed the Agreement of the date first above written. County of Orange Orange Enterprises, Inc. By By Chair or designated Official Chair or designated Official Date Date 1 ORANGE COUNTY 065 BOARD OF COMMISSIONERS • Action Age da Item No. 7 ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 1987 SUBJECT: Transportation Vehicle Provision Contract with Orange Enterprises DEPARTMENT: PUBLIC HEARING: Yes x No Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry Passmore , ext 280 Orange Enterprises Vehicle Contract TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill 968 - -4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Request approval to renew vehicle provision agreement with Orange Enterprises, Inc. (formerly Orange Industries) who are part of the Orange County Transportation Development Plan (TDP) effective September 1, 1987 through June 30 , l988. • • BACKGROUND: The Orange CAT Program, administered by the Dept. on Aging , provides vehicles to transport 0.E clients. This agreement would. maintain the coordinated use of shared CAT vehicles. RECOMMENDATION(S) : Approve contract and authorize Chair to sign. 0 6b Orange. County C.A.T. Vehicle Lease Agreement This agreement entered into by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the "County' and Orange Enterprises, Inc. , hereinafter referred to as "0.E". The purpose of this agreement is to outline the conditions under which the County and O.E. will cooperatively provide human service trans- portation to Orange County's aging, infirmed and disadvantaged under the C.A.T. (Cooperative Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To lease three (3) vehicles to O.E. Monday through Friday, for daily pick-up and take home 0.E. clients. 2. To provide all insurance, fuel, maintenance repairs and replace- ment for each leased vehicle . 3. To lease the following identified vehicles or similiar size at the hours specified by each vehicle. 1984 Ford Van (15 pass. ) - CAT #9, Hours - 6-8 a.m., 3:30-6 p.m. M-P 1985 Chev. Bus (24 pass./lift) CAT #5, Hours - 6-8 a.m., 3:30-5:30 p.m. 1984 Dodge Yen (15 pass/lift) - CAT Ill Hours 7-8 a.m., 3:30-5 p.m. M-P 4. To provide back-up vehicles for routes and short term lease to Q.E. at other times an a scheduled basis. SPECIFIC RESPC1ISIBILITIEtiS OF ORANGE UPRISES, INC. 1. To.reimburse Orange County at the per mile rate of $.35 for a van and $:55 for mini-bus due 30 days after billing. 2. To operate and schedule the use of the leased vehicles according to the Orange County Transportation Board policy concerning CAT Leasing (attachment #2) and driver certification (attachment #3). 3. To complete all required maim operation reports and CAT vehicle Daily Lag and admit to Orange County Department on Aging. 4. To park.all leased vehicles at the CAT Parking Lot (300 Nest Tryon Street, Hillsborough).when not in use except CAT # 9 to be parked at the OPC Mental Health Center in Chapel Hill. The term of this contract shall be from „ept 1, 1987 through June 30, 1988 unless sooner terminated by either party giving 30 days prior written notice to the other party of intention to terminate. IN WITNESSS.WHEREOP, Crange County and mange Enterprises, Inc. have executed the Agreement of the date first above written. County of Orange Orange Enterprises BY: By: Date: Date: 067- ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.1 ACTION AGENDA ITEM ABSTRACT ' Meeting Date: August ,P$, 1987 SUBJECT: Renewal of C.A.T. Vehicle Lease Agreement with O.C.C.H.S. DEPARTMENT: PUBLIC HEARING: Yes X No Aging ATTACHKENT(S) : . INFORMATION CONTACT: Jerry M. Passmore C.A.T. Vehicle lease Agreement TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Request to renew lease agreement for one van with Orange Chatham Comprehensive Health Services (OCCHS) effective July 1, 1987 through June June 30, 1988 • • BACKGROUND: One C.A.T. Van (#12) is leased to OCCHS by the Orange County. Dept on Aging and is part of the coordinated Agency Transportation (C.A.T. ) System. OCCHS is responsible for all operational expenses including maintenance, . repairs and insurance. There is no increase_ cost to the county RECOMMENDATION(S) : _APPrcive. contrAc An_d. authorize_,Chair to...sign, Orange County C.A.T. Vehicle- Lease Agreement This agreement entered into this 1st day of July , 1987 by and between the County of Orange areinafter referred to as "County" and Orange-Chatham Com rehensive Health Services, Inc. hereinafter referred to as OCCHS The purpose of this agreement is to outline the conditions under which the County and OCCHS will cooper- atively provide human service transportation to Orange County ' s elderly , infirmed, and disadvantaged under the C. A. T. (Coordinated Agency Trans- portation) system. SPECIFIC RESPONSIBILITIES OF the County 1. To lease the following identified vehicles or similiar size at the hours specified by each vehicle. 1984 Dodge Van (15 pass w/lift) - CAT #12 - Lic. 91942-P VIN - 2B7KB33wXEK311123 SPECIFIC RESPONSIBILITIES OF OCCHS 1. To provide all gas , maintenance, repairs and insurance (liability/ collision - minimum of 90% of replacement cost) on leased vehicles . 2. To operate and schedule the use of the leased vehicle (s) on behalf of human service clients and approved groups according to the Orange County Transportation Board policy and procedures . 3. To allow C.A.T. program agencies access (timesharing/ridesharing) . to leased vehicle (s) when not scheduled for use at a rate estab- lished by the. Orange County Transportation Board and approved by the County Commissioners . 4 . To complete all required vehicle operation reports and submit to the Orange County C.A.T. supervisor in the Department on Aging. The term of this contract shall be from July 1 , 1987 through June 30, 1988 , unless sooner terminated by either party giving 30 ays prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF, County and OCCHS have executed the Agreement of the date first above written. `ENCY County of Orange AGENCY Orange-Chatham Comprehensive Health Services, Inc. By: By: Chair or Designated Official Chair or Designated Official k 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action A e da Item No. q ACTION AGENDA ITEM ABSTRACT Meeting Date: August3L, 1987 • SUBJECT: Renewal of C.A.T. Vehicle Lease Agreement with J.O.C.C.A. PUBLIC HEARING: �. Yes X No DEPARTMENT: Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry Passmore ext 280 C.A.T. Vehicle Lease Agreement TELEPHONE NUMBER:732-6181 Chapel Hill .. 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Request to renew lease agreement for three C.A.T. Vehicles from Joint Orange Chatham Community Action- (J.O.C.C.A. ) effective July 1 , 1987 through June 30, 1988. • • BACKGROUND: Three vehicles are leased from_. JOCCA by the Department on Aging and are part of the coordinated Agency Transportation (C.A.T. ) system. Operational funds are already budgeted by the Department through Title III- B Aging contract and local service agency contracts. There is no increase cost to the County. RECOMMENDATION(S) : Approve and authorize Chair to sign. Orange County C.A.T. _vehicle Lease Agreement n70 { This agreement entered into this 1st day of July , 1987 by and between the Joint Orange-Chatham Community Acton, rho 'lereinafter referred to as ocCA _ and County of Orange hereinafter referred to as County The purpose of this agreement is to outline the conditions under which the JOCCA and THE County will cooper- atively provide uman service transportation to Orange County' s elderly , infirmed, and disadvantaged under the C. A. T. (Coordinated Agency Trans- portation) system. • SPE 'IC RESPONSIBILITIES OF JWCA 1 1. To lease the following identified vehicles or similiar size at the hours specified by each vehicle. 1984 International Bus (24 pass.) - CAT #1, Lic. 84501-P Vin IHVLD4M3EHA67025 1979 Dodge Van with lift (15 pass) - CAT #14 Lic. 91941-P Vin B36JFK372532 1983 Ford Van (15 pass) - CAT #6 - Lic. ATF-4104 Vin IFTJS35G50DHB87359 SPECIFIC RESPONSIBILITIES OF the County 1. To provide all gas , maintenance, repairs and insurance (liability/ collision - minimum of 90% of replacement cost) on leased vehicles . 2. To operate and schedule the use of the leased vehicle (s) on behalf of human service clients and approved groups according to the Orange County Transportation Board policy and procedures . 3. To allow C.A.T. program agencies access (timesharing/ridesharing) to leased vehicle (s) when not scheduled for use at a rate estab- lished by the Orange County Transportation Board and approved by the County Commissioners . 4. To complete all required vehicle operation reports and submit to the Orange County C.A.T, supervisor in the Department on Aging. The term of this contract shall be -from July 1, 1987 through June 30, 1988 , unless sooner terminated by either party giving 30 days prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF, JOCCA and the County have executed the Agreement of the date first above written. Joint Orange-Chatham AGENCY nit Action, Inc. AGENCY County of Orange By: By: Chair or Designated Official Chair or Designated Official 1 " '� 4 071 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ) ACTION AGENDA ITEM ABSTRACT Meeting Date: August 18, 1987 SUBJECT: C.A.T. Vehicle/Driver Lease Rate Schedule DEPARTMENT: PUBLIC HEARING: Yes X No Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry Passmore, Ext. 280 Vehicle/Driver Lease Rate Schedule TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: : To consider increasing the short-term C.A.T. (Coordinated Agency Transportation) Vehicle and Driver Lease Rate Schedule effective Sept. 1, 1987. The request is to increase the minibus (24 passenger) rate from $.50 to $.55 per mile and the driver rate from $5.00 to $7.00 per hour. • BACKGROUND: The Orange County Department on Aging maintains the back-up vehicles for loan to C.A.T. agencies in emergency situations, and to approved agencies for short term loans:. An approved and uniform lease rate is necessary for purposes and to promote the coordinated use of all C.A.T. vehicles. if approved, the vehicle leasing rate would cover the increased minibus operations costs for the Depart- ment on Aging and make it easier to recruit short term drivers for C.A.T. program. . .___RECQNIMENDATIQI (S)_. -..._-- Approve C.A.T. Vehicle/Driver Lease Rate Schedule. 072 ATTACHMENT # 1 _ Orange County C.A.T. Vehicle/Driver Leasing Rate Schedule The Department on Aging and participating C.A.T. agencies following Rate per Mile schedule for leasing of C.A.T. vehicles etoa each h the and to qualifying outside organizations. Rates include cost of other, insurance and replacement match. All gas, repairs, gas receipts must be kept for reimbursement. C.A.T. Vehicle Rates 15 Passenger Van $.35 per mile 24 Passenger Minibus $.55 per mile 32 Passenger Bus $.75 per mile C.A.T. Driver Rate Unless established under a special contract provision, the charge to an a for a C.A.T. Driver is $7.00 per hour whether the driver is waiting or ac driving the vehicle. There is a minimum three (3) hours driver charge. agency g actually Unless approved g pproved in advance by the leasor, all mileage and driver charges begin when the vehicle leaves the Dept. on Aging, All vehicle release requests should be to Tryon Department oonuAh gYng C.A.T. Loan Program. Call 732-8181 or 967-9251, Ext.280. Charges will be billed only to an approved Organization not to individuals. Co Commissioner Approval Date- Effective D - ORANGE COUNTY 073 BOARD OF COMMISSIONERS Action A n l Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 18, 1987 SUBJECT: BUDGET AMENDMENT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 PROPOSED BUDGET AMENDMENT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve project ordinance to receive Section 8 Housing Voucher Program. BACKGROUND: This amendment will appropriate $83 , 076 for 1987 for the Sec- tion 8 Housing Voucher Program. Originally, these vouchers were allocated in connection with the Rental Rehab Program in Chapel Hill and Carrboro; however, HUD has recently granted Orange County the authority to lease these units in a "free- standing" program. In order to provide immediate usage of these funds, this grant should be accepted. RECOMMENDATION(S) : Approve motion to budget for receipt of Section 8 Housing Voucher funds for 1987 . 11, 074 ORANGE COUNTY PROPOSED HOUSING AUTHORITY AMENDMENT Before After Amendment Amendment Amendment :- Appropriation: Housing Authority - 1987 Section 8 - Voucher Program $ 0 $83 , 076 $83, 076 Source: 1987 Section 8 - Voucher Program 0 83 , 076 83, 076 To budget for Section 8 Voucher Program funds. Approved this 18 day of August, 1987. 075 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 18, 1987 SUBJECT: FOREST SERVICE CONTRACT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT OF FOREST LANDS IN ORANGE COUNTY, NORTH CAROLINA TELEPHONE NUMBER: Hillsborough -- 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider renewal of the annual agreement between Orange County and the North Carolina Department of Natural Resources and Community Development for the provision of support by the N.C. Forest Service in Orange County. BACKGROUND: This agreement will provide for the continued maintenance by the N.C. Department of Natural Resources and Community Development of the presence of N.C. Forest Service in Orange County for the protection, development and improvement of forest lands in Orange County. The Board of Commissioners has appropriated $31, 355 in fiscal year 1987-88 to match State appropriations of $47, 032 for provision of this service in Orange County. (This is a 40/60 match. ) RECOMMENDATION(S) : Approve renewal of the annual agreement between Orange County and NRCD for the provision of support by the N.C. Forest Ser- vice in Orange County and authorize Chair to sign. Mk FC-42 STATE OF NORTH CAROLINA (6-78) Department of Natural Resources and Community Development O7(i $ 7s 3s Total Cooperative Appropriation State $ 31,355.00 40 % County AGREEMENT FOR THE PROTECTION, DEVELOPMENT fAND I NORTH OF FOREST LANDS IN ORANGE THIS AGREEMENT, made under authority of "An act to authorize Counties to cooper- ate with State in Forest Protection, Reforestation and promotion of Forest Man- agement," (Section 113-59 of the General Statutes or allorthtCaro i am- 1943), and also under authority of another Section of 113-54, by the North Carolina Department of Natural Resources dCoo tit BDevelop- ment (hereinafter called the Department), party of the first part, of Commissioners of ORANGE County in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in County, has accepted the offer of the Department for cooperation in accomplish- ing this object: Now, THEREFORE, in consideration of the mutual convenants set forth, Forest said parties and legally the State and Forest Ranger organization County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ and appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; State forest fire laws; for taking such preventative measures, r a e ucatirionael n t e r- wise, as shall seem necessary to prevent fires; practice of Forest Manage- ment the forests through reforestation, promotion ment practices; arid for protection from insects and diseases. 2. To furnish to each Forester or Forest Ranger so employed a badge of office, stationery and report forms, instructional posters for use in the County, leaflets for distributing to landowners and others; to chased necessary equipment, communication systems, and other.Forestry improvements sary insofar as the joint funds will p 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to be established by the Depart- ment in accord with existing State salary schedules. - 2 ._ 4. To direct supervise, instruct, and inspect, through its agents, the work and conduct of the Forester or Forest Ranger, discipline necessary, discharge such Forester or Forest Ranger. 5. To submit to the Board of Commissioners monthly (or at other mutually satisfactory intervals) an itemized statement of all monies to be paid by the County and those paid by the Department for the proper conduct of • the work within said County. - 6. To make available annually us from State, Federal, and other funds even allotted to it, the sum of-TWr dollars ($47.012.00 ) as its share of an annual budget of $78.387.00for carrying on the work in said County. Part II. THE BOARD AGREES: 1. To pay to the Department 407. of the total cost of the Forester or Forest Ranger salaries and expenses and of other proper expenditures made in connection with the over-all Forestry program in said Count , uP P consequent approval of the periodic statements submitted by the Department. Thirty one thousand three 2. To appropriate annually the sum of hundred fifty five dollars ($31.355.00, which sum shall be available for expenditure under the terms of this Agreement, and shall represent the County's share of the annual budget. Part III. IT IS EXPRESLY AGREED AND UNDERSTOOD BY BOTH PARTIES: 1. That this Agreement becomes effective July 1 ,19. 87 • 2. That the annual appropriations as set forth above may be re- vised by mutual agreement between the Department and the Board, based on the amount of annual appropriation desirable for the proper conduct of the Forestry work, such revision to become effective at the beginning of a given Fiscal Year. Any unused balance c` County funds remaining at the end of a Fiscal both Year shall revert to said County unless otherwise mutually agreed upon by parties. 3. That the Board reimburse the Department as provided in Part II, Item 1, by forwarding a county voucher drawn in set forth t e Department etment'she amount of the County's share of expenditures the Board within periodic statement to the Board. That such payments be made by thirty days following receipt of the Department's billing. 4. The title to all improvements and equipment purchased and/or constructed in connection with this agreement will rest with the Department; such materials or their equivalent will remain in the County as long as to s Agreement is in effect, or as long as they are needed by p the proper conduct of the work therein. 5. That the Forester or Forest Ranger periodically or at the re- quest of the Board, shall present to the Board statements of the work being done within the County, so that said Board may be fully informed at all times re- garding the Forestry finances and activities within the County. — - 3 - 0.78 IN WITNESS WHEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. For the Board of County Commissioners of County. Date Chairman Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as required by the "County Fiscal Control Act" . Date. County Finance Officer For the North Carolina Department of Natural Resources and Community Development Date Signature Title Iw 079 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F'5 ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 18, 1987 SUBJECT: CABLE TELEVISION FRANCHISE TRANSFER - SECOND READING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 RESOLUTION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider adopting a resolution approving the transfer of a percentage of BT Cable, Inc. , the corporation which owns Alert Cable TV, to TFBA Sub, Ltd. BACKGROUND: BT Cable owned by the Robert M. Bass Group, Inc. and Taft Broadcasting Company proposes the transfer of 50% of the vot- ing stock of BT Cable, from Taft Broadcasting to TFBA Sub, Ltd. TFBA is controlled by Robert Bass. Correspondence from BT Cable outlines the transfer and indicates managerial and supervisory personnel within the cable operation will not change. RECOMMENDATION(S) : Adopt resolution approving transfer and authorize Chair to sign. -. 080 A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE ACQUISITION OF 50o OF THE STOCK OF BT CABLE, INC. BY TFBA SUB, LTD. AND TO THE CONSOLIDATION OF INTERMEDIATE SUBSIDIARIES OF BT CABLE, INC. WHEREAS, ALERT CABLE TV OF NORTH CAROLINA, INC. , an indirect wholly owned subsidiary of BT Cable, Inc. , is a cable television franchisee in the Orange County; and WHEREAS, BT Cable, Inc. is presently controlled 50% by Taft Broadcasting Company and 50% by the Robert M. Bass Group; and WHEREAS, after TFBA Limited Partnership acquires by merger Taft Broadcasting Company, TFBA will sell Taft ' s BT Cable, Inc. stock to a newly formed partnership controlled by Bass, all as set forth in the letter application dated June 19, 1987; and WHEREAS, subsequent to the foregoing transaction, BT Cable, Inc. may desire to restructure its corporate organization by consolidating its intermediate subsidiaries; and WHEREAS, approval has been requested as to the foregoing transactions; NOW, THEREFORE, BE IT ORDAINED that the Orange County hereby grants its approval, as requested, to the acquisition of 50e of the voting stock of BT Cable, Inc . by TFBA Sub, Ltd. and to the consolidation of BT Cable, Inc. ' s intermediate subsidiaries, all as set forth in the letter application dated June 19 , 1987 . Passed this _ day of 1987, effective Approved: Attest: Clerk ORANGE COUNTY Action Agenda • BOARD OF COMtCSSIONERS Item Ha. F 14 ACTION AGENDA ITEM ABSTRACT MIMING DATE AUGUST 18, 1987 Subject: AMENDMMIT TO THE PERSONNEL ORDINANCE 081 "PAY PLAN IMPLEMENTATION" f Department: pERsolum, C Public Hearing: Yes _x_no I • Attachments: Information Contact: B.M. WHITEflEAD - NONE Phone Numbers: 732-8181, 966-4501, 227-0231 PURPOSE: TO AMEND THE PERSONNEL ORDINANCE, ARTICLE V SECTION 3.0, TO REFLECT PAY-PLAN • . IMPLEMENTATION POLICY WHICH STATES: "EMPLOYEE SALARIES SHALL BE SET AT A STEP ON THE NEW SALARY- SCHEDUULE, WHITHI.N THEIR ASSIGNED GRADE, THAT PROVIDES THE CLOSEST STEP INCREASE TO 4, 5%, WITH THE MINIMUM BEING 4.0% AND THE MAIM-` RECEIVED BEING 5.6%." - BACKGROUND: DURING THE BUDGET PROCESS THE BOARD OF COUNTY COMMISSIONERS CONSIDERED'A DIFFERENT PAY PLAN IMPLEMENTATION POLICY FOR THIS FISCAL YEAR. THE PERSONNEL ORDINANCE MUST BE AMENDED TO REFLECT THE POLICY SET BY THE BOARD. • RECOMMENDATION: APPROVE PERSONNEL ORDINANCE AMENDMENT . 082 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. F/ Meeting Date: AUGUST 18, 1987 SUBJECT: SIGNING OF THE 1987-88 BUDGET ORDINANCE AND CAPITAL PROJECT ORDINANCES DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S (UNDER SEPARATE COVER) OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the Board of Commissioners to sign the 1987-88 Budget Ordinance and the Capital Project Ordinances as adopted on August 4, 1987. BACKGROUND: The budget and capital project ordinances were adopted on August 4, 1987. The legal documents require signature of the Board. RECOMMENDATION(S) : Sign the 1987-88 Budget and Capital Project Ordinances. O R A N G E C O U N T Y OOI.. BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 18, 1287 Action enda Item � SUBJECT: STRATFORD GREEN - PRELIMINARY ACTION BY: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes . X No ATTACHMENT(S ) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Private Road Evaluation Vicinity Map Agency Letters Memo from Planning Staff Draft 7-14-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham -- 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of the Preliminary Plan for Stratford Green Subdivision. BACKGROUND : The property is located in Hillsborough Township on Orange High School Road (SR 1588) . There are 8 lots proposed on an 8.30 acre tract. The average lot size is 1 .04 acres. A private Class B road ( Victoria Dr. ) is proposed to serve the development. The property is zoned R-20 in the Town of Hillsborough 's zoning Jurisdiction and designated Ten-Year Transition in the Orange County Land Use Plan. All applicable agencies have reviewed and commented on the application . The County Attorney questions the provision of private roads. A private road evaluation has been provided . At its July 14, 1987 meeting, the Planning Board recommended approval of the Preliminary Plan for Stratford Green Subdivision . RECOMMENDATION : Manager recommends approval of the Preliminary Plan for Stratford Green upon the condition that the proposed Victoria Drive is designated as a public road and constructed to NCDOT standards. This recommendation is based upon the following : 084 ( 1 ) The proposed lot sizes and density of development are such that NCDOT would accept the road for maintenance; and (2) The project is located in a 10-Year Transition Area, as designated on the Orange County Land Use Plan, which is generally developed for urban purposes, and annexation by the Town of Hillsborough would be expected. 085 I - ,-EE :,Pal. .... ' ,},' �_1C eL1Cr7`.,77vN 4p� r„ 0.RANGE ..c;,'h-v DATE: y/� 4j' lg7 SUED:YrSIDN NAME; 51-12-4,1-F051-12-4,1-F012-6 G (2. .. +-1 / l LOCATION : O Q.AtwJG E ►+ G-P-1 SL+40o.- e.o -j OWNER/DEVELOPER.:. 6214-b W 4.1_4.e o.- ADDRESS : • TELE2HONE NO . : 1..?„--:. -cl / Ce A GENT/CONTACT: E/-51 c -rGrr►k, c,o . T=LpHDNE NO . : 7.P - 75 c ire,TRa 2Gb stir.: A . SUMMARY INFORMAT:ON : Orange County lax Map .Cr, Block c Zoning Districts) : - i� Lot (al � Taxrtshlpl�Z56 ,a4 Total Number of Acres : 3 Tate L. Number of Lacs : g Average Lay Si Za • /. a phases : Number/Type- of 5tructurea-: Lexls.ing) Mlrripaar Lit Si be Lineal Feat in fitree:.s : (proposed] �2 �� ..,�r .�1_ Water Su L Acres in Open Space p y ' • Pub Li of spool fy3 Community � `n Wastewater Di spose l: Pub Li c ( apeci Ty ] Community�.. ai vi due L 5chao L Di at.ri ct: oL�.�/�r�,( ndi ri due L Genera L Land Us ea in Area: Des Fire District: rl � dc,p�•,�� Critical. Areas: straw:dere.i nag e s� -.�fLoad prone areas rratarshed ( spool fy) other[exp Lai n) histaric sites E . A11 QLa.ts moss: be submitted on sheet, no sme'lLar than one inch aqua hundred feet (T "=2DD ' ) and. no Larger `than one inch aqua Ls 1 fly feet IT "-5D ' ) and must contain the fa 1 Lori ng info rms.ion : . rraQlt•tstwa nawa `�: :" `' bvl Leto • ? nor+ of DrwsrlsJ 9 •stDres linos . GJC I terns hire• of aYrvr7vr, rwglnrwr sr y';`';'' by Rotation or tfplco1. list t,° Lang oLabnrr LI • la rows ?I ed -„4:142 lslslrJ Prsllrlhar. Plrn •rissInd ant Preperwe semev L Sea/a. north arrow [berth at > _ moos Ler:lnrPs. Yt111t�ra� �-try.:. SAD of wool moos. est.) '•.••'.•:, Cats •(l sus ladlh rrwla7ao ~ azlrtlnS. Probonnt ono tararn7P. UM rrP.-alaer 1pt .::x0:- adJa7elnS ►tpltita�eT�r7 rrfaronowa .r 1hCLYQInS tllrrealpnr and �v�' ======P.? Dewcrl6rd a^tLT 'l:�:r, at room noses ant state rase ��,:' perrtngs are C1 • .....„-s4:'_ nrsuawra ,�'` opt:l a at t s •� �- existing and •..•, „ std oa*imp■oat na tract ..,:±:;: D=t 11tlas. 1nDlrQln ;a„- Iota. lnclpgtng r:_: t S rot escledleq area elsaln :roe, s1 Sic. rt qRt►�r7 mar ' - •formba. valves. sod .�..:V" 7 rrana Lra Crest Yp l earner _a,. Orawrard lax Lines with ■zlrttnd end proposed culvert D.lresslees i tnoLratnq s17rs ant pranwa _,-aJ„ . Lot owsaort .. tfplaal street croon neicSlans == prwalag linos r:;f sac i , ;.. 70n Data? la iawaQrKpn7 �t ton tea= !3p) s;:*:": tnoLoolnq Donlon ono vies]: 1 Lo a of trrvrlmny ■ne anew/Sera water bogies.. asrrrwa. flantl—• ~' her.-Antal sllgnarnu ane Ie.*: 557 eat flaoDP Lai as ""=: as 'erol eeova Sets lPYetit atrera buftari roaoa1 ane notwslen /�: prrarnrnt features aYtn err • ;?i: fitrwm lnr, root rtatat DYlletnga, seminaries. t,r4c, Diva". t Petentle l tDW5Snt y htosartc ! i C. Gd rps rr t s {:. L • .. and aztrR. L , ad/e1H1n5 lot ?:::erg trrrttorial pLenntns layout i:Em Jurt*Dlcslnn Hamra of ad StnInS Droeart7 tines patch 2 :��__t��•'�-• tree• the 41.ners ant rYD07♦1 t1 ono • jj"".,,�, LSaatlan ant s1:• Df Parsrls cwcIeatrc far Public use or reserved `J/^ �• 1 C Cowmbn 7�/ it colon and a1 za of later netatten or of reamr3CS.0 ar..L 7lwt raQerelnt sae• t POLwns7al ant siarSSSt.r ■wnapwern- .tor .,-,_._. -- 086 CTHER SUBMIT-%L_ n"E^.'uln1 +4EN7S 1 . Twenty—six ( 25 ) copies of the preliminary plat 2. TWO to L l ai ze cap i es o f en Orange County Tax map I one copy with t parcels involved clearly marked ) . 3 - Where municipal or D1fASA sewer is not County Health Department certifying twastewater vei Lab La , a letter from the Orenc each Lot . proposed wastewater system ft - ' the app Ljcant , hereby certify that I understand that ri2yD .D0 feaegoing app lication is comp Leta er ) r a s37D . DO tae (aubdivisians of 16 IaubdivialQRS of 15 lets or lean 3pPlicatiarr . A xS .DD lots or mare) is due at the time c ) resented for recordation per la` fee is due at the time the fine L p 1st i ,PPL.I%ANT 'S SISNATURE OWNER 'S SIGNATURE ATE • DATE Ec: / Amonnt f/G• Date Paid cc_ 7 4/ 7 r, -� Receipt • STRATFORD GREEN O8 11/85 ORArIGF COUNTY CERTIFICATION AND _APPROVALS - PEEL I M I j ARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 1 -7-87 Reviewed 1-15-87 PRELIMINARY PLAT: Received 4-24`87 Reviewed 4-29-87 REVISED PRELIMINARY PLAT: Received - Reviewed NCDOT: DATE 5-20-87 CERTIFICATION J . M. Mi l l s SCHOOL BOARD ( Orange/Chapel Hill -Carrboro) : DATE 5-11?-87 CERTIFICATION N/A UTILITIES ( OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 5-1 -87 _ Certification Health Dept. 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'''TRO,") ..•■■''.".. 1- A ....-- . . • 3.5.764 5 A: : 1 1 , -.\ . : • :irti4 ..-- -----‘ C • 1 1 \ \ _ . . 1 . 1 % , 1 1 1 2 476 \ \ , i k \\ 1 08i Mayor ur � aL 1-'rani. H. Sheffield, T[iµr, Cierti HILL.Si3OROl Uli. _\UR;H CAROLINA 27278 Supt. Water storks Commissioners Myron L. Martin James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd j L.D. Wagoner Remus J. Smith Chief of Police Rachel H. Stevens I � Arnold W. Hamlett Fire Chief 4T1 John Forrest Alow The preliminary plan for the major subdivision of Stratford Green has been reviewed by the Hillsborough Planning Board and approval has been recommended for this subdivision. It is understood that the lots will be served by private wells. Janet V. Rigsbee Planning Director June 1, 1987 090 r -YNI-iC)i.Z. 1 . E '1 ._.__ N AT 11C! CHT. NTO ;TFEi.T hILLS150RoUGH. N.L. 27278 919-`32.219G 91J-942-8000 CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 June 4 , 1987 91b•929.715! ALONZO B.COLEMAN. JR. STEVEN A.BERNHOL2 DONALD R. DICHERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRA\E MARTIN J. BERNHOL2 RICHARD J. SNIDER.JR• G.NICHOLAS HERMAN Mr. Eddie Kirk KAREN J. SHANGRAW 01 Planner BONNER D.SAWYER Orange County Planning Department (1902'j972) 306F Revere Road Hillsborough , North Carolina 27278 Re: Stratford Green and Quailview Dear Eddie: I have the following comments regarding Stratford Green: 1. Why a private road? This is a highly developed area of the County , likely to some day be annexed by Hillsborough and the lots are as small as they can be. have no comments on Quailview Subdivision. Very truly yours, rev Z. Gledhill \� ! GEG/lsg "- �= 091 � STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN May 20, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON SECRETARY GEORGE E.WELLS. P.E. STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 306-F Revere Road -Hillsborough, NC 27278 Subject: Preliminary Plan For Stratford Green Subdivision .Off SR 1588 (Orange High School Road) Dear Mr. Kirk: Please be advised that the subject preliminary plan has been approved. If there are any other questions, please advise. Yours very truly, STRICT ENGINEER JMM:j bh Ar, Eot;al ODDortunity/Affirmative Anon Employe- 092 ORANGE COUNTY PLANNING I?EPARTMENT 306► 1U- \ UZI ROAD Hill .H(Iklll (,H. Ok1 H ( AkC1 I\A "_'r?~ MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth , Erosion Control Supervisor SUBJECT: Stratford Green Stormwater Management Plan DATE : June 4 , 1987 The plan for this subdivision meets the Ordinance requirements by using large lots , limiting the addition of impervious surfaces on each lot, using grassed swales along the new road, and retaining a buffer of vegetation on the perimeter of each lot to filter and absorb runoff . 1 ( JA/ ORANGE COUNTY PLANNING DEPARTMENT 30(.4 RE\ F:FRI 14Ok1i 09L4 v Hll.l.�kl)Ft�1l (,H. \(►K•1 H ( kk()1.1 ■ A 2"7}k MEMORANDUM TO: Orange County Planning Board FROM: Orange County Planning Department SUBJECT: Stratford Green Subdivision - Preliminary Plan Private Road Evaluation DATE: June 2, 1987 BACKGROUND Private roads may be allowed in a subdivision when the following conditions have been found to exist, 1 . The nature and location of the subdivision, includ- ing such considerations as topography, the surrounding area, present and future road plans , and public safety access justify private roads, and 2. One or more of the following conditions exist : a) the subdivision consists of less than ten ( 10 ) Jots ; • b ) the subdivision preserves a natural area through deed restriction and special design features; c) the subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or the thoroughfare plan of an Orange County munici - pality, or does not Ile within a designated transition area determined by the County ; d) the subdivision joins or extends an existing subdivision where the streets are private or unpaved and when the new subdivision shall be platted to connect with the streets of such existing subdivision and be compatible with 094 and ' rCrC c e ) the subdivision roads , even if constructed to State Standards , would not be accepted by the State for maintenance due to density or some other State requirements that the subdivision cannot meet . EVALUATION In applying these conditions to Stratford Green Sub- dlvision, the Planning Department notes the following : 1 . The proposed subdivision is located off the northern portion of Orange High Road ( SR 1588) in Hillsborough Township . Surrounding property opert receives access from unpaved roads whichaccess onto Orange High Road . The road is .designed to allow for future extension to a larger tract to the south . When future extension occurs the road would be required to be brought up to state standards . The proposed private road is designed to allow full public safety access . 2. a) The subdivision consists of eight ( 8) lots . b ) The subdivision does not preserve a natural area. The proposed road does minimize cross- ing drainage ways . c) The subdivision does not include or abut any part of a thoroughfare or street shown on any thoroughfare plan adopted In Orange County. It is in the northeast corner of the transi - tion area around the Town of Hillsborough . d) The subdivision ,joins an existing subdivision to the west where the streets are unpaved. The subdivision does not connect with or extend an . existing .private or unpaved street . It is compatible and in harmony with the surround brig community area. e) The subdivision roads if constructed to State standards would probably be accepted by the State for maintenance. RECOMMENDATIONS The evaluation of the proposed private road ( Victoria Drive) in the Stratford Green Subdivision indicates that a private road is appropriate . The road would be similar to tr.er �� 995 C. , _ t , ides i cned easy aoc ss r,^cncE rCo� porc i Efu+ure extension and uperacino The subdivision satisfies two of the five conditions In item 2 : ( 1 ) the subdivision consists of less than ten ( 10 ) lots ; and ( 2 ) the subdivision does not include part of a thoroughfare plan . Based on this evaluation, the Staff recommends that the proposed subdivision road be approved as a private road . Extension of the proposed road to serve additional lots will produce a situation where a public road would be required . ORANGE COUNTY PLANNING DEPARTMENT O9b 3(6F REVERE ROAD HILLtiFIOROl CH. MIRTH ( .kO1 I\A 2-2/H O R A N G E...17-----:ii:-:],_'-:- C O U N T Y MEMORANDUM TO: Orange County Planning Board FROM: Orange County Planning Staff SUBJECT: Stratford Green - Preliminary Plan DATE : July 9, 1987 The Planning Board reviewed the Preliminary Plan for Stratford Green on June 15 , 1987 . A decision was delayed on the subdivision to request information regarding utility services for this area and the future plans of the Town of Hillsborough . After requesting this information, the attached letter from the Town dated June 26, 1987 was received by the Planning Staff . The present sewer is approximately 2000 feet from the Stratford Green property. Mr. Harding Hughes indicated after further discussion that the Town cannot inform us of the cost involved to run a sewer line to this area unless the developers request and agree to pay for a study. He does indicate that it would be very expensive for the Town to run a permanent (gravity flow) sewer system to this _area. Further information will not be available about the system until the Town ' s engineers complete the Sewer System Master' Plan . There are no set plans or timetable for annexation of this area although the Town Board has indicated a long-range. interest. 09 Ilium iia j I11sb,nroug L Mayor Town Clerk H. Sheffield, Jr. HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Johnson Commissioners Supt. Water Works Myron L. Martin James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd woo L.D. Wagoner Remus J. Smith v Rachel H. Stevens Chief of Police :41 Arnold \\ . Hamlett • Fire Chief John Forrest . A June 26, 1987 Mr. Eddie Kirk Orange County Planning Department 306—F Revere Road Hillsborough, North Carolina 27278 Dear 2ir. Kirk: This is in response to your June 23 letter regarding the proposed Stratford Green development. As I told you by phone yesterday, the town determines whether water and sewer service will be made available to a particular property develop- ment — and under what conditions — following a study of the area by the town's consulting engineer. This engineering study is made when the property developer requests the study and agrees to pay for it. There is a water pressure problem in the northern part of our water system — especially at higher elevations. For a particular development our engineers would determine whether adequate pressure is available. For example our engineers studied — at Orange County' s request and expense — the pressure situation at the proposed Rencher Street area community development project and determined that pressure would be adequate. 1f the voters pass the water bond issues in the August 18th bond referendum, the new elevated water tank should solve the pressure problem. The town will be happy to determine the availability of water and sewer service for this developer if requested, as we do for other developers. The town board has indicated a long—range interest in annexation of this general area. No timetable has been set. It will be very ex- pensive to the town — primarily because of the cost of installation of a permanent sewer system. More information about this will be available when our engineers complete a sewer system master plan later this year. Sincerely, ck.x. -L .Z.- .,P-1-4-( I. HardiniAugh 4 J , Town Administrator cc: Ms. Janet Ri2sbee D ° 1 09b DRAFT PLANNING BOARD MINUTES QUARTERLY LONG RANGE MEETING JULY 14, 1987 MEMBERS PRESENT: Barry Jacobs (Chair ) , Chris Best, Virginia Boland, Dan Eddleman, Peter Kramer, Sharlene Pilkey, Prince Taylor. MEMBERS ABSENT: Tim Hubbard, Mike Lewis, Betty Margison, Brenda Swann, Steve Yuhasz . STAFF PRESENT: Marvin Collins, Gene Szymik, Brad Torgan, JoannnalBradshaw Crudup, Greg AGENDA ITEM #5: Subdivision Applications a. Stratford Green - Preliminary Plan (Hillsborough Township) Presentation by Szymik. This agenda item is for the consideration of the Preliminary Plan for Stratford Green Subdivision. The property is located in Hillsborough Township on Orange High School Road (SR 1588 ) . There are 8 lots proposed on an 8.30 acre tract. The average lot size is 1 . 04 acres. A private Class B road (Victoria Dr. ) is proposed to serve the development. The property is zoned R-20 in the Town of Hillsborough 's zoning Jurisdiction and designated Ten-Year Transition in the Orange County Land Use Plan . All applicable agencies have reviewed and commented on the application. The County Attorney questions the roads. A private road pevvaluationofhasribeen provided. Szymik referenced a letter from the Town Administrator of the Town of Hillsborough ( attachment to these minutes ) . He indicated the Planning Staff had contacted Harding Hughes, Town Administrator, for clarification and more information in order to address Planning Board concerns . A firm answer regarding availabiiity of public water and sewer could not be provided by the Town until the developer paid for an engineering study to determine whether adequate 09,9 water pressure would be available and whether the project could access the Town sewer system. To provide public sewer at this point would at least require 2000 ft. of sewer with a pump station . With the information provided by the Town, the Planning Staff recommends that Stratford Green be approved with private water and sewer systems. Regarding annexation , Mr. Hughes indicated that the Town has no short time plans for annexation. Jacobs asked if the cost of an engineering study such as Mr. Hughes referred to was known and Szymik indicated he did not know. Best asked the density of the lots to the west of Stratford Green . Szymik responded that the lots sizes ranged from 1/2 acre to 1 1/2 acres a 0 (T If and could be developed at R-20. p 'u] Best indicated he felt development should be more dense in this particular area but with the Town of Hillsborough ' s comments regarding water and sewer availability, he did not really know what could be done. Pilkey expressed concern that rural growth was being encouraged in a Ten-Year Transition Area due to the fact that water and sewer are not available from the Town . Jacobs asked the developer, Pat Robinson, why he would not prefer more dense development. Mr. Robinson responded that he would prefer more dense development only if water and sewer were already available. He indicated the cost of 2000 feet of sewer and a pump station would be too expensive for consideration. MOTION: Kramer moved approval of the Planning Staff recommendation . Seconded by Eddleman. VOTE: 4 in favor (Kramer, Eddleman, Boland, Taylor ) . 3 opposed (Best - preferred a public road; Pilkey - preferred a public road, desired more dense development in the Ten-Year Transition Area; Jacobs preferred public water and sewer) . AGENDA ITEM #7 : Reports h . Ordinance Review Committee To receive Board comment and approval of proposed ordinance amendments. The Ordinance Review Committee has been meeting regularly to discuss and develop ordinance yr, - ORANGE COUNTY 100 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Aim9st 18, 1987 Action ends Item =- SUBJECT: PINEY MOUNTAIN - PRELIMINARY PLAN ACTION BY: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT( S) : ���_r ^ INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Letter from North State Utilities Staff Findings 7/20/87 Draft Planning Board Minutes 7/30/87 Memorandum - Duke Forest Advisory Committee __— TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of the Preliminary Plan for Piney Mountain, a cluster subdivision . BACKGROUND: The property is located on the northeast side of Mt. Sinai Road ( SR 1718) approximately one half mile west of the Orange/Durham County line. The tract is zoned Rural Buffer and designated Rural Residential on the Joint Planning Area Land Use Plan . It is adjacent tohMt. Sinai Baptist.Church and bordered on the east side by Y M The total acreage of the tract is 128 acres. As a cluster subdivision , 59 lots are proposed in two phases. The remaining acreage (excluding road right-of-way) will be preserved in a system of open space. The aveligeroatssize is 1 . 12 acres. Each lot will be served by pubc by common nitrification fields for septic tank disposal . The entire sewage disposal system will be owned, operated and maintained by North State Utilities, Inc. ( see attached letter) . The applicant proposes to dedicate to Orange County approximately 14 acres on the east side of Piney Mountain Creek to be used for recreation/greenway purposes. All agencies have reviewed the preliminary plan . Permits for construction sewage Environmental disposal system app roved by hN. C. Departmentof Management prior to final plat approval . .r. 4, 101 The Town of Chapel Hill Planning Department has provided courtesy review comments as follows : 1 . We are concerned about the proximity of the nitrifi - cation fields to the existing pond . Will the pond continue to be used for recreation purposes? 2. Should the ownership of the nitrification fields be transferred to the company which will be responsible for the sewage system? We believe this could be a concern particularly if that company later "dissolved . " Perhaps the homeowners associations should retain title. 3 . We recommend Pinesd Lane acul -de- sac posted indicatingthe end of the the Twin intended future extension of that road . The Orange County Planning Department concurs with recom- mendation #3 . 711e Department does not share the concerns expressed under and #2 . The nitrification fields have been carefully located and designed to make efficient use of suitable soils and slope. There is also 100% area visualincluded amenity, not repairs. necessarilyp d fo t o for appears to active recreation . North State Utilities, Inc. is regulated by the North Carolina Utilities Commission. Should an emergency situation occur and the company fail to perform teits s role ole properly, an "emergency operator would be app i Y Utilities Commission until the emergency was over. Funding for the "emergency operator" would be provided from a minimum $10 ,000 performance bond required of any utility at the time a franchise is requested. On July 20, 1987, the Planning Board recommended approval of the preliminary plan for Piney Mountain with the following conditions : ( 1 ) Show the new right-of-way line for Mt. Sinai Road as a boundary line on the plat. (2) Show the Type B Buffer line 301 from the new right-of- way line of Mt. Sinai Road ( SR 1718) . (3 ) In Phase Two, post a sign at the end of Twin Pines Lane cul -de-sac to indicate the intended future extension of that road. (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. (5) Improved recreation space must meet the requirements of Section IV-B-7 of the Subdivision Regulations including off-street parking. (6) Provide a 50-foot right-of-way on Twin Pines Lane along ion the entire length to the boundary line. in the existing pond. (7 ) Post signs to prohibit swimming The Duke Forest Advisory Committee has reviewed plans for the subdivision and expressed a�CncernsThregare ding wa quality and recreation greenwaY concerned i about the impact of development and the proposed cation field on the water quality One of the results of the cluster Piney Mountain is to maintain water squ litionby avoiding 9 development near water courses . control measures as in th squalityxr maTheesonl plan will also help to assure analysis for the nitrification nffieldsapreparedesignDennis J . Osborne and Associates indicates rate for the nitrification fields less suggested in research publications . water quality . With irdigardoheaccess concern to Dukeabout Forest, pro- posed greenway providing public Count does not grant access to dedication of land to Orange Any County to the contrary adjoining private property . Y is incorrect. The land on dedicated to Orange County is to tion and/or open space, not access to Duke Forest. The Planning Director recommends the following two addi - tional conditions to address concerns expressed by the Duke Forest Advisory Committee: (8) A copy of the July 28, 1987 memorandum from the Duke Forest Advisory Committee should be submitted to the developer and the NC Division of Environmental rMaalManage- ment for use in preparation, review, and app of the low pressure sewage disposal system permit. (9) In order to clarify the purpose of land being dedicated to Orange County, the Final Plat should label the site "Land dedicated to Orange County for recreation and/or open space purposes. " On July 28, after the Planing tBoard had ngrecommended as approval of the preliminary plan, advised by the project engineer of an error in the cal - culated total acreage of the 12$x022, not 12$. 56t acQesl acreage of Piney Mountain This decrease in calculated land area results srmin a one-dot une reduction in the total number er Subdiaision Regulations. Section IV-B-10-b of Therefore, the Planning Director commends the addition of the following condition of approval : ( 10 ) The preliminary plan for Piney Mountain should be considered with the deletion of lot number 59 from Phase Two. RECOMMENDATION: Manager recommends approval per the Planning Board ' s recommendation, and injnudp�gecto .e additional conditions recommended by the Planning �.. ;� ... . . . , _ 1711.1E. . - io Ill 0 U MTAI Pi Z,,kt,„l,: ZJZ&L 6U F,_. ____________ -c z.., 9897 3Z \ 1�- 11111‘114141116.. IT 1 .0. 3 83`2 3 1 a� e.AC. uC CT 1 ... ....::P •9'524 4.14 AC. - t 88 90 - /r€- 1 } `is t 6:5 • . 0 ..-"... '5X02.A G. , ..,. . .. ,. \ . _0 '- X - - 44 Ito)04- �� . 3.42 : i C? AC. 0 �TRJC` \ . 10.75 AC.CAL. gE 5L�F1 9 Ly arr.seMwl i.PTIS1 CHURCH .1 /If\ ., i ■ "7/ \\ ,/ �, Sa MAP 158 - 'O�\\ 1i BE Chl BWr \\ / 5 ii Q� � 1 3-- DIIFI1 follows : The applicant has proposed to divide this tract into a two-acre Erect served by Cheyenne Drive which has been identified as a pre-existing public road . Page 10 , vote on first motion , delete explanation of "no" vote by Jacobs. MOTION : Best moved approval as amended. Seconded by Pilkey. VOTE: Unanimous. (These corrections have all been made) . AGENDA ITEM #7 : SUBDIVISION APPLICATIONS a. Piney Mountain Cluster - Preliminary (Chapel Hill Township ) Jacobs asked if a Duke Forest respresentative had been contacted by the Planning Staff since this proposed development adjoins Duke Forest. The response was no. Jacobs continued that he felt the application was incomplete and consid- eration should be deferred until such time as comment has been received from Duke Forest representatives. Jacobs continued suggesting that discussion be held in order to expedite proceedings at the August 17th meeting. The developer, Mark O' Neal , asked what made the application incomplete. Jacobs responded that on requests that have adjoined Duke Forest Lands in at least the past year, the Planning Board has referred the application to Duke Forest managers for their comments due to the Board ' s environmental concerns and the desire to work with Duke Forest. Mr . O' Neal continued that he was very environ- mentally conscious and that he felt all the appropriate steps had been taken in view of any long range planning by Duke Forest. Jacobs indicated that the Planning Staff should have informed Mr. O' Neal of the Board ' s desire for Duke Forest comments. Mr . O' Neal asked if it would then be possible to deal with just Phase I . Jacobs responded that the entire project could be discussed and any other concerns could be noted by Board members. This would give the developer the opportunity to Y � p If 106 address all concerns by the August 17th meeting. Mr. O' Neal expressed concern with a further delay and the costs incurred by the delay . Staff presentation by Crudup. This agenda item is for the consideration of the preliminary plan for Piney Mountain, a cluster subdivision . The property is located on the northeast side of Mt. Sinai Road ( SR 1718 ) approximately one half mile west of the Orange/Durham County line. The tract 1s zoned Rural Buffer and designated Rural Residential on the Joint Planning Area Land Use Plan . It is adjacent to Mt. Sinai Baptist Church and bordered on the east side by Piney Mountain Creek . The total acreage of the tract is 128. 56 acres. As a cluster subdivision , 59 lots are proposed in two phases. The remaining acreage ( excluding road right-of-way) will be preserved in a system of open space. The average lot size is 1 . 12 acres. Each lot will be served by public roads and by common nitrification fields for septic tank disposal . The entire sewage disposal system will be owned, operated and maintained by North State Utilities, Inc. ( see attached letter) . The applicant proposes to dedicate to Orange County approximately 14 acres on the east side of Piney Mountain Creek to be used for recreation/greenway purposes. All agencies have reviewed the preliminary plan. Permits for construction of the sewage disposal system must be approved by the N. C. Department of Environmental Management prior to final plat approval . The Town of Chapel Hill Planning Department has provided courtesy review comments as follows : 1 . We are concerned about the proximity of the nitrification fields to the existing pond . Will the pond continue to be used for recreation purposes? 2 . Should the ownership of the nitrification fields be transferred to the company which will be responsible for the sewage system? We believe this could be a concern particularly if that company later "dissolved . " Perhaps the homeowners associations should retain title. 3 . We recommend that a sign be posted at the co -J2 QC ir 106 4 end of the Twin Pines Lane cul -de-sac indicating the intended future extension of that road . The Orange County Planning Department concurs with recommendation #3 . The Department does not share the concerns expressed under #1 and #2. The nitrification fields have been carefully located and designed to make efficient use of suitable soils and slope. There is also 100% area included for repairs . The pond appears to serve as a visual amenity, not necessarily for active recreation . North State Utilities, Inc. is regulated by the North Carolina Utilities Commission . Should the current owners default, the franchise would be transferred to another utility company without interruption of service to the residents of Piney Mountain . The Planning Staff recommends approval of the preliminary plan for Piney Mountain with the following conditions : ( 1 ) Show the new right-of-way line for Mt. Sinai Road as a boundary line on the plat. (2 ) Show the Type B Buffer line 301 from the new right-of- way line of Mt. Sinai Road (SR 1718 ) . (3 ) In Phase Two, post a sign at the end of Twin Pines Lane cul -de-sac to indicate the intended future extension of that road . (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase Two as per NCDOT recommendations. (5 ) Improved recreation space must meet the requirements of Section IV-B-7 of the Subdivision Regulations including off street parking. (6) Provide a 50-foot right-of-way on Twin Pines Lane along the entire length to the boundary line. Dennis Osborne, Soil Scientist and President of North State Utilities, Inc. , gave some background information on the company stating that it is a licensed, regulated public utility company in the State of North Carolina. Accordingly, it is subject to the jurisdiction of and is regulated by the North Carolina Utilities Commission . He io , 5 continued giving details of the proposed system for Piney Mountain Cluster Subdivision noting that North State Utilities requires that all parts of any sewer system owned and operated by them must be constructed or installed by approved contractors. NSU inspects all work before any payments are made by either the developer or builders constructing houses on individual lots. This policy is followed to insure that the materials specified are in fact used and that all construction is done in a work- manlike manner. Jacobs inquired if the body of water in the sub- division would be for active recreation. Mr. Osborne responded no. Jacobs continued asking how the developer intended to restrict access. Mr. O' Neal responded that the pond would be posted as well as being addressed in the covenants . He noted that the nitrification field would. be fenced. Best indicated that he felt that it is sufficient for the pond to be posted and addressed in the covenants. Best referenced the letter from NCDOT requiring a left turn lane on SR 1718 prior to Phase Two construction asking if the developer would consider installing the left turn lane in Phase One. The developer agreed, indicating it is more economical to do in Phase One. Discussion followed between Yuhasz and Best as to whether this was a truly incomplete application. Jacobs read from the Adopted Rules and Procedures of the Planning Board, "At the March 5, 1985, the Board decided that no incomplete development proposals will be placed on the agenda for discus- sion by the Planning Board. If an imcomplete application is inadvertently scheduled, consider- ation of the item will be automatically be post- poned until a later meeting . " Jacobs continued that it was an error on Planning Staff ' s part not the part of the developer that those statements from Duke Forest representatives had not been solicited. MOTION: Yuhasz moved to overrule the Chair ' s decision to remove Piney Mountain Preliminary Plan because it is an incomplete application . Seconded by Lewis. Yuhasz stated he felt it was a bad precedent to allow this Board to make a Judgment that a sub- division application is incomplete when it in fact meets the technical requirements of the ordinance for completion . He continued that situations may arise in which would desire to delay consideration for additional information but he did not feel that the judgment that the subdivision application was 11 1 LN 6 incomplete simply because more information was desired beyond that required by ordinances. Jacobs reminded Board members that time was still available within the time period to request the additional information . Pilkey indicated a desire for a soils map showing the reasoning for a ground absorption system. Yuhasz withdrew his motion after Board discussion indicated that the reason for deferring action was a desire for more information , not because it was incomplete. The additional information requested was a response from Duke University and information about soil conditions. Mr . OtNeal stated that Mr . Osborne could supply the information regarding soil conditions. It was the consensus of the Board to delay consid- eration of Piney Mountain Cluster - Preliminary Plan until the August 17 , 1987 meeting to receive additional information from Duke Forest repre- sentatives. Discussion continuation Chair Jacobs asked the County Attorney, Geof following G l e d h i l l , could the Planning Board approve the consideration of Preliminary Plan for Piney Mountain Cluster upon other projects the condition that no negative comments are received from Duke Unversity concerning impacts of the project on the forest. Gledhill responded that he felt the Planning Board should make its recom- mendation on the information that it has, other- wise, an administration problem is being created . He continued that the Board of County Commissioners has the authority to attach conditions. If additional information is presented to the Board of Commissioners at the time they consider the Pre-- liminary Plan which they see as significant enough , the Board of Commissioners may then attach con- ditions. Kramer asked that since the Planning Board was acting within the time frame, did it have the disgression to postpone the project for further information. Gledhill responded yes. The developer, Mr. O' Neal questioned the legality of postponing the vote on a project that meets all the written criteria and all the criteria provided in the feedback from Staff . Gledhill responded to Mr. O' Neal that if he felt the Board had to vote on a project which had all the information required by the Ordinance, then he could pursue that question . However, Gledhill said he did not feel that the Planning Board was required to do so as long as the Board was acting within the time frame. D � a7 1 O{i Lewis inquired if this project could be presented to the Board of Commissioners with the concerns of some Planning Board members regarding Duke Forest. Gledhill noted that the concerns could be presented but that something you do not know about should not be added as a condition . Collins noted that he had some concerns about the situation regarding Duke Forest. He stated that a formal policy had never been established which states that Staff must solicit comments from Duke Forest. Another concern was the rural buffer. He noted that at the public hearing regarding the Joint Planning Areal Land Use Plan, comments were solicited from Duke Forest. They indicated that they wanted the rural buffer adjacent to their properties with a two-acre minimum lot size. He continued that Mr. 01N-eal had presented a cluster development which complies with all County regu- Iations. Collins stated that this tract drains away from Duke Forest and that he felt Mr. O' Neal had made every effort to address the ordinance concerns and provide the information required by the County . Collins noted he felt it would be inopportune to postpone a decision on the project simply because of Duke Forest. Jacobs stated that he felt the Board did have an established policy on comments from Duke Forest. He felt that since this could not be added as a condition, he was willing to abide by the Board ' s decision . However, he did request that the Staff solicit comments from Duke Forest and include those comments in the presentation to the Board of Commissioners. Pilkey noted again her concerns about the soil suitability. Mr . O' Neal responded that the review process for the sewage disposal system is a State review process in which all the information regarding soils and soil suitability is provided. He indicated that since this was a State process, he was not aware that such information would be required for the preliminary process. He noted that North State Utilities is a public utility and will own and operate the sewage disposal system and thus have full responsibility for the system. MOTION : Yuhasz moved that the Piney Mountain Cluster Preliminary Plan be considered . Seconded by Lewis. VOTE: 5 in favor (Boland, Lewis, Swann, Taylor, Yuhasz ) . 4 opposed ( Jacobs, Best, Pilkey, Kramer) . Jacobs asked Mr. O' Neal if he was in agreement that the left turn lane be constructed as part of Phase I and Mr . O' Neal agreed . 1n s � U W 116 It was noted again that a sign would be posted prohibiting swimming in the pond. It was also noted again that North State Utilities is completely responsible for the sewage disposal system. Mr . O' Neal also stated he felt a great deal of thought and careful planning had been done with this development project. Taylor asked what the Joint Planning Agreement state in relation to Duke Forest. Collins responded that the Rural Buffer was carried up to the Duke Forest boundary at their request as well as implementing a lower density standard of one unit per two acres. In addi-tion, the plan desig- nated a greenway linking that portion of Duke Forest adjacent to the north with the Koristan Division to the south . Kramer noted that he still felt that the Board could solicit any information it desired as long as action was taken within the time period. Yuhasz stated that he felt the information being sought was not worthy of the delay and cost to the developer. Lewis stated he felt the developer would be willing to work with Duke Forest on any reasonable suggestions made. Mr. O' Neal noted that the time and cost involved was a serious financial burden for his family and he felt all requirements have been met and urged the Planning Board to consider the project. MOTION: Lewis moved approval with the six Staff conditions and the seventh condition of posting the pond to prohibit swimming. Seconded by Taylor. VOTE: 5 in favor (Boland, Lewis, Swann, Taylor, Yuhasz ) . 4 opposed ( Jacobs, Best, Kramer, Pilkey - due to desire for comments from Duke Forest) . b . Fairfield Estates - Preliminary (Cheeks Township ) Presentation by Crudup . i. 111 a 1:31 TCa f TQ F R $ TvTCT ht ARpq VA OFiA i C1,:1,'Jt4-7„ SUBDIVISION NAME' �; DATE: ;,•- 29 1ca- u,, ,taro LOCAT=OR; M* Sinai Rd (S.R. 1718) n �. S 1 18) a n�o;.. 1/2 mile west 0 _. Orange/Durham Co. line aimER/DEVELDPER4.. Mark O'Neal ADDRESS: . oute . , , ox < <, • ..a. . �� , X757 TELEPHONE NO. : 364-7750 AGENT/CONTACT: - San Rey 957—Qn57 Holds/David Swanson • TELPHONE NO . : 821-5074. le r. evo n e .011 A. A A . SUMMARY INFORMATION Orange County Tax. lisp • �� Stack w 3 Zoning. Districtta) : Rural Buffer ~� 'La ` (a) Z 33 Township f'hanA „ a , Tetat Humber of Acres : 12K.56ac, Tot. L Number of. Lots: 5th Phases . Two (.2) Tote L /T Average Lot Si ze : 46, Number/Type- of Structu roe : taxifa>ring) 1 Uo�rsp -- � inipos:t Lent 51za4�rZnn s Linear Feet in Streets: 7,940 (proposed) Water SttppLY: Acres in Open Space 54.34 �aetaxatat- Di spots 1: Pub Li ctapeci fy) Commun i t �; 5f se: District: Cow�tr5r� 1 pubLifrtspecify] ` CommunIty Individual Grady Bro�s1-A, L. Y I n d i r i d t a L .. Gene re I. Land Oa ea in Area : , ord Fire D1 $trict : ono rireDistric: :wacr.. , Orange tea Critical. Areas: X strf am/drainageways ° 3. flood^ - • watershed( apeC�y) prone areas father-(explain]. �.hifstar1c alias E. ALL R1ats most be submitted hundred fast t� "Sub � ) and- n Anne= no >lrf>3a L Ler than one inch aqua is wo- [I "st5D1 ) and suet contain the fallowingrInfarmation : inch aqua Ls fifty feet 4. sepal H el eo here .4 '', name of awierlsl } j tams �� X ,.� ba1 hint seccccc lines § land of t yew engineer er is ;. by notation or npleted) � ataen.r X k Layers typical( eck lot �-.. !title) Preliminary Olen solacing end proposed ease- 4 :•,;:-.4 scats. h _ error Chorus ltlra.) artA ear �_•`•� wants 11 ties. y ••� ten of noel as a} evens. ream) 9R• a 1 data I1naLsalht revision Coeval }f^" •d1■s.ns. Proposed and .. -... A tawnrhla. tee rep—aLaar+lot • : : inn/acing rlaCinnnatiry references rag *treat atrnnsionr t ewewearq heed x....s•.� *treat wooer end bearings with a; end rt■tr rend g rod d1 stances }+ :,: existing x tots/ scrooge of !nr szlwtlnt and �• and •osce r treat J .•:• P 0 of lets. IwaLeala ''"�'. eV! Utl•a. - and earlsdln g including t ■roe eitntn � r�' s>rPa. sizes. v - rightatiftiey hyarMta. valves red sahtr■l aere•r �' sienna L. :-- rrlwtln and Propaawd culvert propaswd lot Lines with ` 1 including trite, red grease v °'* altaeolewe �i . y tyclos/ .items arose—sections let none ere ' f 0ee■1et Linos cy- sad +nser■•dslon -r 05011 l■ tOPeQrrPhy it ern foot lie) >E: including Q ,.x: t aryl n rho elate �. ?` lesarrris vt lrrrelraf end rhee/0rra r cnatea. rsr5nos. 8004 v herl&untal •ligament ,�,' ray end flooaplalne '` •Od . OM■ML corm seta lPsoLlt �. ethers Peffrre �{:�.,j:� r ) ;¢+f end :mention n ri Anal oaring rretrletwd Pe rush ant testa roe sear se ae,elaalent potential °"f` bwfldinge, brartwrl•a, L�r";n1P, earpot■tn end attrr� ~tl historic lanosert lanai planning • adjoining l0! Vin... t layout MR �urlaaletion lines onion n•ora of adjoining property lPaatlan aVOCtri•ion■ X- �g end size of Preens dedlarted for public ors ,.;r, i n aosron w''�'��`- :...., lopsslon and sits or ra•er�od ��;� natation as sf ingaseas -r.lrr0'tJhYr. F dr 7-r? 75ns pot•ns1st and y -';fyFr: plat regarding In +�,= rterrvet.- uno^o.. - Yr. �_a7^ �; GTI!ER SUBMITTAL REal1IREMENTS : 112 1 . Twenty—six (26 ) copies of the preliminary plat 2. Two fuLL size copies of an Orange county Tax map [one parcels involved clearly marked] . copy with to 3. Where municipal or OWASA serer Is not available , a letter County Health Department certifying the proposed wastewater the Oran each Lot. 9 ayateR fo the applicant , hereby certify that the foregoing application 1 curets . I understand that a 2270.00 fee a- S370.00 fee (subdivisions tha o f 7fi ( subdivisions o f 15 lots porta and pLic370.0 A bQO lots or more] Is due at lass] P Li ati for recordation .!. 0 er lot fee is due at the time the time la o f the final L p lst is -.1: 1111P 'LICANT 'S SISNATURE OWHER 'S IGN TUR5 T� _... . 27 ?7 2 7 _? DATE • • i`�IS: Aenoont ` 4-2.b. Date Paid S` 24;-f57 Receipt 1383 • 11 11a 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN: Received 5-20-87 Reviewed 5-20-87 PRELIMINARY PLAT: Received 5-28-87 Reviewed. 6-9-87 REVISED PRELIMINARY PLAT: Received 7-8-87 Reviewed NCDOT: DATE 7-i -87 CERTIFICATION J. M. Mills , District Engineer SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE CERTIFICATION UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council M.A. Black 7-8-87 Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro J.B.Culpepper 7-6-87 (Date) Hillsborough (Date) Durham (Date) (Date) Other SSE W'.Faircloth 7-9-87 (Date) PLANNING BOARD: Date 7-20-8 7 Approval Approval with Conditions Denial BOARD OF 001141ISSIONERS: Date Approval Approval with Conditions Denial FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT �'� PERTAINING TO PINEY MOUNTAIN CRITERIA FJ ND I NG IV-B-10-b Application Criteria a ) The tract is a minimum of 400, 000 a) The tract is 5,601 ,816 square square feet for the AR district, feet, 5,201 ,816 more than the 200,000 square feet for the R-1 minimum required. districts and 80, 000 square feet for all other districts. b ) Approved water supply and b) Each lot wi l l be served by wastewater treatment systems are individual wells to be approved available and each lot is served by by the Orange County Health separate water supply and sewerage- Department. Individual septic connections. tanks will drain into common nitrification fields. The sewage c) The total number of lots proposed disposal system must be approved for the tract, excluding parcels of by the NC Department of Environ- reserved recreation/open space, is mental Management prior to final not greater than the number plat approval . determined by dividing the gross land area, excluding pub l i c road c) Gross land area = 128.56 acres rights-of-way, by the minimum lot Total acreage in size requirements for the zoning public road R/W - 10.22 district established in the Orange County Zoning Ordinance. In the 118.34 areas of Orange County not zoned, the minimum lot size requirement Rural Buffer minimum lot size = shall be forty thousand (40, 000 ) 2 acres square feet. Maximum number of lots permitted 118.34 ; 2 = 59. 17 = 59 lots d ) The recreation/open space reserved within the tract conforms with the d) Public recreation required by recreation and open space standards IV-B-7-b-2 59/20 = 2.95 acres established in Section IV-8-7-b. Minimum required recreation space I V-B-7-b (Article 5.1 . 1 and 6. 12) Rural Buffer .028 x 128.56 acres = 2. Dimensional Requirements 3.599 acres The plan calls for 3.9 acres which If the application of the is 0.3 acres more than the minimum provisions of Article 5 . 1 . 1 required ( Required Minimum Recreation Space Ratio) and Article 6. 12 (Land Use Intensity System) of the Orange County Zoning Ordinance results in a greater amount of land, then the difference between the application of the standards above and those of Article 2 lib 5 . 1 . 1 and Article 6 . 12 shall be established as private recreation for the use of the residents of the development. 3. Site Suitability Land provided or dedicated for passive recreation and open space purposes shall be of a character, slope and location suitable for use for walking, Jogging, reading and similar quiet activities, and the preservation of natural features and cultural resources such as steep slopes, rock outcrops, native plant life and wildlife cover, mature woodlands and water resources. Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: a. Location .. Land dedicated a. Location - The land set aside for for recreation purposes recreation is centrally located shal I be located so as to away from but with access to the serve the needs of the main entrance road of the sub- immediate residents of the division. The slopes are less subdivision . Recreation than 15% and the area preserves areas shall be centrally mature forest and the existing located so as to provide, pond. The location also makes insofar as possible, equal the recreation available to the accessibility to all first residents of Phase I . residents of the subdivision ; provided, however, recreation areas may be approved in other locations where land more suited for recreational purposes due to shape, level slopes and/or dry soil conditions is present. Where proposed park sites are shown on the adopted Land Use Plan, and a subdivision contains a portion of the park site, then the recreation area may be located at the edge of the subdivision so 3 11t that additional land may be added as adjacent land is subdivided . b . Unity. Land dedicated b. Unity - The improved recreation for recreation purposes area is part of the continuous shal I be a single parcel open space system which unifies except where it is it with all the common area. determined that two (2 ) or more parcels are suited to the needs of a particular subdivision . The Planning Board may recommend, and the Board of Commissioners may require, the dedication of a connecting path in addition to the land required in Section IV-B-7-b-2 of this Ordinance. Where a connecting path is necessary, a path of up to fifty (50 ) feet in width may be required, but in no case shall the path be less than thirty (30 ) feet in width. c. Acressib i I ity, Land c. Accessibility - Because it is dedicated for recreational part of the open space system, purposes shal I have at the recreation area is equally least fifty (50 ) feet of accessible to all residents. In frontage on at least one addition it has 100 feet of road ( 1 ) street w i t h i n the frontage, more than the minimum subdivision. required. 4. Site Improvements Private recreation fad i I i - No details for improvements are ties, either required or provided on the plan; however, corn- provided at the option of the pliance with Section IV-B-7-b has applicant, sha l I meet the been recommended as a condition of standards for improvements: approval . Park bench, picnic tables, gulls & trash receptacles. One ( 1 ) picnic table per 50 residents, 50 sq. ft. of land per table. In addition to land provided or dedicated for active recreation purposes, suffi - cient area shall be provided 11'1 4 to make available a minimum of five ( 5 ) off-street park- ing spaces for the first two (2 ) acres of each recreation site and one ( 1 ) space for each additional acre there- after. 5 . Method of Provision or Ded1 - cation Land dedicated for public Under Section IV-B-10-d of the recreation area as required Cluster Regulations, b. the by this Ordinance sha l l be applicant may request that the designated on both the pre- cluster recreation/open space I imi nary and f i na l plat( s) of be designated for private use. the subdivision and must be Private ownership has been dedicated to an appropriate " requested. unit of local government. e. The minimum amount of land reserved Sum of all reductions in minimum as recreation/open space shall be lot area the sum of a l l reductions in Phase 1 26.81 in lots 118.34* minimum lot area as a result of the Phase 2 39.05 in lots -65.86 cluster form of development and/or Total 65.16 in lots 52.48** the minimum recreation/open space `(Gross land area - acreage in R/W) required in Section IV-B-7-b, **acres in open space whichever is greater. Required 52.4$ Ac IV-B-10-c Reductions in Lot and Provided 52.57 Ac Setback Requirements For lots created as part of a cluster development minimum lot area, lot width and setback requirements specified in Section 4. 1 .2 may be reduced as follows : a. Minimum lot area requirements may Lot areas have been reduced an be reduced by fifty percent (50% ) average of 44.5%. but shall be no smaller than 5000 square feet. b. Minimum lot width requ i rements may Lot widths meet the minimum be reduced by twenty percent (20% ) , requirement's. but shall be no less than fifty (50 ) feet. c. Minimum front setback requirements Front setbacks have been reduced may be reduced by twenty-five 25%. percent (25%) except where the Rural Buffer 40'x.25 = 10' front lot line forms an exterior 40' -10' = 30' boundary of the cluster develop- ment. 116 5 d. Minimum rear and side setback Rear and side setbacks have been requirements may be reduced to ten reduced to 10 feet. ( 10 ) feet except where the rear or side lot line forms an exterior No lot lines form an outside boundary of the cluster boundary of the subdivision. development. IV-B-10-e Approval of Preliminary Plan a. Individual lots, buildings and The layout of the subdivision streets shal I be designed and takes existing topography into situated to minimize alteration of consideration. the natural site features to be preserved. b. The usab i l i ty of cluster Ooen space/recreation area open/recreation space shal I be is located and desioned to determined by the size, shape, be usable to all lots in the topographic and location requirements specified in Section subdivision. IV-B-7-b . c. Cluster open space shall include irreplaceable natura I features such An existing pond, mature woodlands as, but not limited to, streams, and drainage areas are preserved by the open space area. significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings. d. Cluster recreation space shal I be Open space and recreation areas are easily accessible to pedestrians, conected by walkways on easements. including the handicapped. Access from the parking area must e. The su itab i l ity of cluster open be handicapped accessible. space intended for scenic value shall be determined by its The most significant natural features visibility from adjoining on the site are preserved by the properties and streets and shal I open space area layout. seek to lessen the area devoted to motor vehicle access. f . Diversity and originality in lot The layout allows all lots accessto ope layout sha l I be encouraged to space areas via easements to rear achieve the best possible or side property lines. relationship between the land and the development. g. Up to one-fourth of the land with Alteration of steep slopes is not slopes greater than fifteen percent addressed in the plan. Very steep ( 15% ) may be removed or altered areas are located in open space areas. only when such slopes are small and isolated and do not otherwise adversely affect the design of the lib 6 development. h . At least twenty percent of the 41% of the gross land area is gross land area is designated as designated open space. common open space. �1 + tom • 121j STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G- MARTIN July 16, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup Orange County Planning Department. 306-F Revere Road • Hillsborough, NC 27278 Subject: ,Piney Mountain Subdivision Off SR. 1718 (Mt. Sinai Road) Dear Ms. Crudup: After review of the subject preliminary plan, we offer the following comments: 1. Sight distance is adequate. 2. Horizontal curve data meets minimum N. C. Department of Transportation standards. 3. Left turn lane on SR 1718 will be required prior to Phase Two construction. 4. Right-of-way on cul-de-sac street bordering Lots 48 through 51 will be increased to fifty (50) feet-. If you have any questions regarding this development, do not hesitate to contact this office. Yours very truly, • J. M. Mills, P. E. DISTRICT ENGINEER JMM/SPI:jbh An Eoua!Oonortunity-/Affirmative Action Employer e '~ Orange County Recreation and Parks Department N tiJ �_ 300 West Tryon Street • Hillsborough. North Carolina 27278 ,,,ty Life_Beinit. Mary Anne Black, Director MEMORANDUM T0: Emily Crudup, Planning Department FROM: Mary Anne Black DATE: July B, 1967 RE: Courtesy Review -- Piney Mountain Subdivision Upon review of the preliminary plat for the Piney Mountain Subdivision, the denoted area (revised 7-1-87 to include the entire east .sideof creek to be dedicated) is appropriate and it is recommended that the Board of County Commissioners accept the deed to this parcel (approximately 14 ± acres). MAB/pb1 Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 TOWN OF CHAPEL HILL 122' 306 NORTH COLUMBIA STREET CHAPEL HILL, NORTH CAROLINA 275)43649 July 6 , 1987 Telephone (919) 968.2700 Ms. Emily Crudup Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 Re: Piney Mountain Cluster Development Subdivision Courtesy Review Dear Emily: Town staff has reviewed the proposed Piney Mountain Cluster Subdivision. We appreciate the opportunity for a courtesy review. As you know we are very interested in the preservation of the Rural Buffer. Our courtesy review comments: 1 . We are concerned about the proximity of the nitrification fields to the existing pond. Will the pond continue to be used for recreation purposes? C:l�� 7° PIE?" F5OM E�O5IOA1 CoA11-EoL °"14•E �11:1Z.E Is Alo IP "IC4TIOA1 THAT-THE. Mut, 6e- U5CP f-0E-dCTIV mDa.EEdTlokl. 1T APPe14es TD '5 polo. As A %.,, udL 4 1 .L fl'L 2. Should the ownership of the nitrification fields be trans- ferred to the company which will be responsible for the • sewage system? We believe this could be a concern particu- larly if that company later "dissolved. " Perhaps the homeowners association should retain title.NOETW ul-IL1T1L�r,ruG ,s E.E:gV4-4TEP 5-4 T4E. AlOCST1,1 C.A.Q.AL4 aTIuTles cam hI ST,IbJ.151bUL !4 V2.¢Ek17' C"."1132:5 U►,.7,- 44 re NaL` /15f- WDOLD FME-rEauk5FE17E-.°D Ta A4G7�4EQ %MITI coHP,41J 3 . We recommend that a sign ne posted at the end cf the Twin Pines Lane cul-de-sac indicatinG the intended future exten- sion of that road. WILL 8E EMZ-oriH>~ialE7• . I am interested in the County' s recent ordinance changes regard- ing cluster subdivisions. In particular, I was impressed with the new site analysis requirements. If possible, please send me a copy of the new cluster subdivision section of the ordinance. Should you have questions, please call. . S nce� y, , I enn.e Bob Culpepper Plainer • cc: Dave Roesler, Development Coordinator Diana Woolley, Planner ORANGE COUNTY PLANNING DEPARTMENT = �4 31161-- REV ERE ROAD HILLSHOROI (,H, NORTH CAROLINA 2"27X MEMORANDUM TO: Emily Crudup , Planner II FROM: Warren Faircloth , Erosion Control Officer SUBJECT: Piney Mountain Subdivision Stormwater Management Plan DATE: July 10 , 1987 This subdivision meets the Ordinance requirements by using" lots, limited additional impervious surface on each lot, stream buffers, grass swales along the new road, and a buffer of vegetation around the perimeter of each lot to filter and absorb runoff . Concerning Chapel Hill ' s comment about water quality in the existing pond below the proposed nitrification field, I do not foresee a problem. An extensive Investigation has been performed to determine the suitability of these soils to absorb the waste, and the site will remain in woods, so there should be no surface runoff of pollutants into the pond . If the nitrification field did fail , there is a 1002 reserve for repairs, and the pond would act to capture pollutants and protect water quality downstream. • ■ ORANGE COUNTY PLANNING DEPARTMENT ICY 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 , A N2 rk ,+ l O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8707-1501 _ TO: Marvin Collins, Planning Director FROM: Emily Crudup, Planner II SUBJECT: North State Utilities , Inc . DATE : July 29 , 1987 As you requested , today toda I contacted Mr . Jerry Tweed of the North Carolina Utilities Commission . His comments regarding utility franchise def aul P o Utilities, Inc . are as follows : ( 1 ) The North Carolina State Le g recently passed a law which requires a utility o post a performance bond ( $10 ,000 minimum) with the N . C. Utilities Commission when applying for a utility franchise. (2) In the event that a particular utility franchise is not properly operated or maintained resulting in an emergency situation , the N. C. Utilities Commission will appoint a trustee to take over resp for the system. This designated "emergency operator" will use the money guaranteed by the required bond to bring the utility into operating order . The trustee may be another utility company , or possibly an individual customer or Home Owners Association that would contract out operation of the utility . Although the original utility company ( designated as a "troubled operator" ) still retains ownership of the franchise, the trusteeship con- tinues until the emergency is over and that company agrees to resume operation and maintenance. There are an estimated fifteen emergency operators in North Carolina primarily involved with older water supply systems that were not being regulated . (3) When a utility company is granted a franchise, the N. C. Utilities Commission issues a docket number as te 4iROFFICE MEMORANDUM: 8707-1501 North State Utilities, Inc . July 29 , 1987 Page 2 the license number for that franchise. North State Utilities received its first franchise to operate a low pressure waste treatment system in March , 1986 . The company was granted four other franchises in 1986 , and another in April , 1987 . ( 4) A utility applying for a water or sewer franchise may simultaneously submit plans toe Divisionmay Environmental Management for approval . require a statement from the N. C. Utilities Commission to establish the applicant as a regulated public utility . ( 5 ) North State Utilities, Inc. is regarded by the Utilities Commission as being "an established, reputable" utility company . The principals at North State "know more than anybody" with reference to low pressure waste treatment systems . If you have any questions, please advise. North State Utilities, Inc. 126 308 F west Millbrook Road PO Drawer 5 1 729 Raleigh, NC 27609-0729 Phone: (919) 848-1593 May 27 , 1987 Mr. Marvin Collins Orange County Planning Director 306F Revere Road Hillsborough, North Carolina 27278 Dear Mr. Collins: PINEY MOUNTAIN SUBDIVISION SEWER SYSTEM The purpose of this letter is to provide you with general information about North State Utilities, Inc. (hereafter sometimes NSU or North State) and the proposed sewer system for Piney Mountain Subdivision. NSU BACKGROUND North State Utilities, Inc. was incorporated under the laws of North Carolina on December 23, 1985. The outstanding shares of NSU are owned equally by three (3) individuals: Dennis J. Osborne, President; Dr. Bobby L. Carlile, P.E. , Vice President; and Stanley I. Hofineister, CPA, Vice President, Secretary, and Treasurer. The attached curriculum vitae for Mr. Osborne and Dr. Carlile are incorporated herein by reference. Mr. Hofineister attended the University of North Carolina at Chapel Hill as a Morehead Scholar and practiced as a certified public accountant for more than seventeen (17) years before joining North State in March, 1986. NSU TECHNOLOGY • NSU's activities are limited to operating sewer systems using soil absorption technology, specifically subsurface low pressure pipe (LPP) and surface spray irrigation systems (hereafter collectively non-discharge sewer systems). The soil absorption technology used by NSU is considered by the Environmental Protection Agency (EPA) to be the Best Available Technology (BAT) for disposing of waste water. In fact, non-discharge soil absorption systems are the only type of sewer systems allowable under applicable water quality regulations whenever a discharge allocation for a particular water body (i.e. rivers, streams, etc.) is not available. Discharge allocations are often not available either because Mr. Marvin Collins May 27 , 1987 Page Two the established discharge limit for a particular water body has been assigned already or because the body into hch waste water would otherwise discharged has been assifiedeitherasazeroflowstream (meaningthat once in approximately ten (10) years the stream will be dry due to absence of rainfall) or as a nutrient sensitive water body. Based on technology, North State is distinguishable from other private sewer utility companies that exclusively, or primarily, operate discharge sewer systems, specifically package plants (i.e. miniature municipalisewerhsyste s) , which discharge treated, but nevertheless impure, waste waters of the State. NSU' s technology is primarily concerned with sewage treatment as the ultimate method of disposal and, in achieving this goal, recognizes that all human waste is treated in the final analysis ythe soil. and contrast,package conventional discharge sewer systems, including both plants, are primarily a product of historical development and, thus, evolved from being principally concerned with the removal and disposal of sewage into treating sewage. Specifically, conventional discharge systems operate by transporting waste primarily by force of gravity following natural contours along drainage ways, creeks, streams, and rivers '(i.e. evolution from open sewers to sewer pipes) to a central treatment location (i.e. evolution from removal to treatment) where solids are removed in the form of sludge and the treated, but impure, waste water is discharged into surface waters. The impurities in the discharged water ultimately settle to the bottom of the river (or the sound or ocean into which it empties) and are then treated by the soil through chemical reactions. Similarly, the sludge is normally applied to the soil as fertilizer, often to grow corn. NSU REGULATION North State is a licensed, regulated public utility company in the State of North Carolina. Accordingly, NSU is subject to the jurisdiction of and is regulated by the North Carolina Utilities Commission. North State's currently approved "Uniform Statewide Rate" for sewer service for residential units is a flat (i.e. unmetered) rate of $18.00 per house per month. NSU presently holds Certificates of Public Convenience and Necessity (i.e. Franchises) for sewer systems for six (6) subdivisions involving service to more than three hundred (300) individual residences. Projects presently in various stages of design for which Certificates of Public Convenience and Necessity will be requested upon completion of design involve sewer service for more than five hundred (500) additional residences. North State has never had an Application for a Certificate of Public Convenience and Necessity denied by the Utilities Commission. Furthermore, North State is not aware of any complaints ever having been filed with the Commission regarding rates, quality of service, or other matters. 12 Mr. Marvin Collins May 27 , 1987 Page Three - SEWER PERMIT REGULATION In addition to the jurisdiction of the Utilities Commission, which, among other things, regulates rates charged to customers and quality of service, North State is also subject to the jurisdiction of the Division of Environmental Community (DEM) of the Specifically,p l asewerrsystemsfownedrby Resources and Community Development. and operated under permits issued by DEM. The plans are DEM lans far each sewer system ardars reviewed and approved by DEM before construction commences. Also, on-site inspections at various stages of the construction process. Because of the jurisdiction of the Commission and DEM, North State, as a regulated public utility, is not in any way subject to the jurisdiction of the Division of Health Services (DHS) of the North Carolina Department of Human Resources.s. Tus,HNorlt Health State is not subject to the jurisdiction and review of the Orange County Department. PINEY MOUNTAIN SYSTEM The sewer system recommended by NSU for Piney Mountain is a central collection and disposal system (as opposed to individual syste s forfeach house) using low pressure pipe (LPP) technology and, thus, il be discharge system. The proposed system will consist of components at each house as well as the central system components. The components located at each house will consist of one 1200 gallon septic tank, one 620 gallon pump tank, one effluent pump, one electronic control panel, one audio and one visual high water alarm and three floats (i.e. pump on, pump off, and alarm activation) and a service main from the pump tank to the collection main located at the street. NSU will own all components of the system located at each house and, accordingly, will be responsible for all service, maintenance, and operation as well as replacement of components. The central system will consist of the collection mains located at the street, a central nitrification (i.e. sewage treatment field) , a reserve nitrification field (i.e. repair area) and a dosing station (i.e. subsurface waste water storage tanks) from which waste water is dosed or applied to the nitrification field by pumps regulated by a programmable controller. NSfowill own all components of the central system and, thus, will all operations, maintenance, service, repairs, and component replacements. As a matter of policy, North State requires that all parts of any sewer system that NSU will own and operate must be constructed or installed by pproved contractors. NSU inspects all work before any payments developer or builders constructing houses on individual lots. This policy is 12 Mr. Marvin Collins May 27, 1987 Page Four followed to make sure that the materials specified are in fact used and that all construction is done in a workmanlike manner. If you have any questions regarding the information in this letter or require additional information regarding either North State or the proposed sewer system for Piney Mountain, please do not hesitate to communicate with me. Sincerely yours, ‘12.11y Stanley I. Hofineister Vice President SIH:dkb Enclosures .00 VITAE Dennis J. Osborne BORN: March 3, 1949 -- Evanston, Illinois CURRENT ADDRESS: P. 0. Box 5064, Raleigh, North Carolina 27650 • Telephone ( 919 ) 782-1927 EDUCATION: M.S. Degree, Crop Science, N.C. State University, 1975. Minor: Landscape Architecture B.S. Degree, Soil Conservation, N.C. State University, 1972 EXPERIENCE: 1980-Present: Doctoral Student in Soil Science and Public Administration Also Secretary/Treasurer of CMO Associates, Inc. , Cary, North Carolina 1977-1980: Soil Scientist and Visiting Instructor in Waste Management, North Carolina State University Duties and responsibilities: Instruct in course of Soil Classi- fication. Assist in research program designing and demonstrating land application systems for agricultural, industrial, and domestic wastewaters. 1975-1977: Soil Scientist and Associate Agricultural Extension Agent, North Carolina Agricultural Experiment Station. Duties and responsibilities: Conduct Soil SUrVey of Franklin County, NC; Assist landowners by providing technical support in land use decisions. 1974-1975: Conservation Engineer, Central Engineering Dept. , City of Raleigh, North Carolina _Duties and responsibilities: Direct staff and operations of Flood Plan Management Program, Review proposed floodway development, Assist private pro- fessionals preparing development plans. • 131 Osborne, Dennis J. Page 2 RECENT PROFESSIONAL ACTIVITIES: (a) NC State Department of Administration (b) Triangle J Council of Governments -. technicaleadvisoryrce. committee, on-site waste disposal. (c) NC Division of Health Services - on-site sewage disposal regulation draft group. (d) NC Division of Environmental Management - land application of sludge and wastewater regulation development group. (e) Land of Sky Council of Governments - technical advisory committee. (f) Extension Specialist assisting engineers, architects, and landowners with development problems involving soil survey, soil analysis, soil and surface hydrology and Agronomy. RECENT CONSULTANT ACTIVITIES - Desi n and Mana ement of Land . A lication S stems: Tennessee Valley Authority Bear Creek Development Bruce FPlas Wilson Muscle Shoals, Alabama lson PCnt N Wilson, NC Advanced Drainage` Systems, Inc. Columbus, Ohio and Conroe, Texas Champion International Corp. Canton Plant Hercofina, Inc. Canton, Ohio Hanover Plant Wilmington, NC City of Raleigh Neuse River Plant City of Waynesville Raleigh, NC' Waste Plant Waynesville, NC Cranston Print Works Fletcher Plant JBW, Inc. Fletcher, NC Durham, NC Cross Creek Country Club U.S. Army Corps of Engineers Mt. Airy, NC B. Everett Jordan and Falls Eastman Development Companies of Neuse Reservoirs, NC Raleigh, NC State of S. C. Department of Health & Environmental Hilton Head, S. C. Control, Columbia, SC Diamond Shamrock Corp. Charlotte, NC N.W. Georgia Regional Health Department HUD Rehabilitation Project Rome, Georgia Town of Harney Carroll County, MD 132 Osborne, Dennis J. Page 3 Miscellaneous Certified Professional Soil Scientist, Soil Science Society of N.C. 1981-Present Certified Professional Soil Scientist, American Registry of Certifie' Professional in Agronomy, Corps, and Soils, 1979-Present. Member, Soil Science Society of North Carolina Member, Soil Science Society of America Member, American Society of Agronomy Member, North Carolina Irrigation Society Elected to membership in Sigma Xi and Gamma Sigma Delta Honor Societies Member, Mensa PUBLICATIONS Refereed Journal Articles Osborne, D.J. and W.B. Gilbert. 1978. Use of hardwood bark mulch for highway slope stabilization. Agron. J. , 70(1) :15-17. Project Reports and Bulletins Rupp, F. , III, M. Little, and D.J. Osborne. 1975 . Marsh creek water- shed study. Report of Conservation Division, Central Eng. Dept. , City of Raleigh, North Carolina. 35 pp. Gilbert, W.S. and D.J. Osborne. 1976. Utilization of wood residues for highway slope stabilization in North Carolina. Final Report of Highway Research Project ERSD 110-73-3. North Carolina State University Highway Research Program. 72 pp. Gilbert, W.B. and D.J. Osborne. 1977. Use of wood residues on high- ways in North Carolina, an integrated slide-tape presentation for training DOT engineers. North Carolina Department of Transporta- tion and U. S. Department of Transportation, Bur. Pub. Roads. Phillips, J.A. , S.W. Broome, L.E. Aull, D.J. Osborne, et al. 1977. Soil associations of the coastal area management region. Coop. Pub. of Soil Science, North Carolina State University, USDA-SCS, and North Carolina Department of Natural and Economic Resources. 56 pp. , 11 maps. Carlile, B.L. , M.D. Sobsey, and D.J. Osborne. 1978. Development of alternative on-site septic waste disposal systems for the coastal zone of North Carolina. Report of Sea' Grant Project R/ES-23 . Water Resources Research Institute, University of North Carolina, Raleigh. 26 pp. -13d • Osborne, Dennis J. Page 4 Carlile, B.L. and D.J. Osborne. 1981. Evaluation of SB2 Wastewater Disposal Systems in Montgomery Co. , Tx. ADS, Inc. Columbus, Ohio. 248 pp. Cogger, C.G. , L.M. Hajjar, B.L. Carlile, D.J. Osborne. 1982 Spray Irrigation of Wastes at Hercofina, Inc. , Wilmington, N.C. Department of Soil Science. NCSU-Raleigh. 33"pp_ Cogger, C.G. , B.L. Carlile, D.J. Osborne, and E. Holland. 1982. Design and Installation of Low Pressure Pipe Waste Treatment Systems. UNC Sea Grant pub. no. UNC-SG-82-03 . Office of Sea Grant, NOAA. NCSU, Raleigh. 31 pp. Osborne, D.J. , C. Peterson, D. Howard, and D. Goodson. •Evaluation: The Durham County Individual Wastewater9Project. Pub. Admin. Res. Reports . Div. of Pub. Admin. , Dept. of Pol. Sci. NCSU, Raleigh. 21 pp. Cogger, C.G. , B.L. Carlile, D.J. Osborne, and .E. Holland. 1982. Design and Installation of Mound Systems for Waste Treatment. UNC Sea Grant Pub. No. UNC-SG-82-04. Office of Sea Grant, NOAA. NCSU, Raleigh 32 pp. Proceedings Osborne, D.J. 1972. Agricultural utilization ,of^ bark. Proc. .of Wood Residue Utilization Seminars. Publication of Ext. for Res. and North Carolina Department of Natural and Economic Resources, pp. 12-13. Ringer, J.R. , W.B. Gilbert, and D.J. Osborne. 1974. h bark as a replacement for straw-asphalt mulches inrcontrrollingaod highway roadside erosion in North Carolina. Proceedings Carolinas -Chesapeake Section Meeting, For. Prod. Res. Soc. , Blacksburg, Virginia. Gilbert, W.B. and D.J. Osborne. 1977. Wood residue utilization for slope stabilization. Proceedings of Soil Science Society of North Carolina, XX:66-78. Soil Science Society of North Carolina. Osborne, D.J. (ed. ) . 1977_ Proceedings of Soil Science Society of North Carolina, Vol. XX Soil Science Society of North Carolina Carlile, B.L. , A.R. Rubin, and D.J. Osborne. 1979. Development of Innovative and Alternative On-Site Wastewater Treatment Systems in North Carolina. ASAE Winter Meeting, Dec. 3-4 . New Orleans, La. Osborne, Dennis, J. Page 5 Carlile, B.L. and D.J. Osborne. 1982. Some Experience with Gravelless Systems in Texas Coastal Plain. in On-Site Sewage Treatment. Proceedings of the Third National Symposium on Individual and Small Community Sewage Treatment. ASAE. St. Joseph, Mich. Osborne, D.J. , B.L. Carlile, S.T. Evans, C.G. Cogger, and L.M. Haggar. 1982. Predicting Seasonal High Water Tables From Soil Colors in Coastal Plain Soils . Proc. of Soil Sci. Soc. of N.C. Vol. XXV:126-135. Raleigh, N.C. Thesis and Abstracts Osborne, D.J. and W.B. Gilbert. 1974. Utilization of wood residues for highway slope stabilization in North Carolina, Agron. Abs. , 1974 Ann. Meet. of Am. Soc. Agron. , Abs. #5 , p. 99. Osborne, D.J. 1975. Utilization of wood residues for highway slope stabilization in North Carolina. Unpublished M.S. thesis. Crop Science Department, North Carolina, State University. Osborne, D.J. and B.L. Carlile. 1979 . Accuracy and Interpretation of Poorly and Somewhat Poorly Drained Soil Classes. Agron. Abs. 1979 Ann. meetings of Am. Soc. Agron. , Abs. #4, p. 7 . Carlile, B.L. , D.J. Osborne, L.W. Stewart, J.L. Sims. 1979. Evaluation of Alternative On-Site Waste Disposal Systems in North Carolina Coastal Plain Community. Agron. Abs. 1979 Ann. Meet. 'of Am. Soc. Agron. Abs. #6, p. 26. Cogger, C.G. , B.L. Carlile, and D.J. Osborne. 1981. Evaluation of Spray Irrigation of Chemical Manufacturing Wastes on a Deep Sandy Soil on the North Carolina Coastal Plain. Agron. Abs. 1981 Annual Meeting of Amer. Soc. Agron. Abs. #1, p. 23. Osborne, D.J. , C.G. Cogger, B.L. Carlile, S.T. Evans. 1981. Location of Free Water Surfaces in Selected Coastal Plain Soil Series. Agron. Abs. 1981 Annual Meeting of Amer. Soc. of Agron. Abs. #1, p. 203. 13 • .^ _ Osborne, Dennis J. Page 6 Non-Refereed Articles Osborne, D.J. 1973 . Combine drainage and subirrigation to crop wet- lands. Crops and Soils Magazine. 25(5) :18-19. Osborne, D.J. 1976. The soil-A clean construct of' inetaphysibs. Soil Survey Horizon, 17( 4 ) :17--19. Osborne, D.J. 1979. Water Table Monitoring in the NC Coastal Zone. pp. 5-6. in Fosse Septique. Steve Steinbeck, ed. , NC Dep' t of Human Resources. Division of Health Services. Raleigh, N.C. A.R. Rubin and D.J. Osborne. 1979. The Factors Influencing Internal Drainage in Soil and Affecting the Hydraulic Application on a Land Application System. Extension Information Series. Ag. Ext. Ser. Biol. and Ag. Eng. NCSU. Raleigh. 11 pp. • S M . - - 13E VITAE Bobby L. Carlile BORN: December 28, 1937 - Big Spring, Texas CURRENT ADDRESS: P. O. Box 2677, College Station, Texas 77841. Telephone (713) 845-2935, SS# 456-60-1015 EDUCATION: Texas ABM University - Agronomy B.S. - 1959 Washington State University - Soil Science M.S. -- 1966 Washington State University - Sanitary Eng. M.S. - 1966 Washington State University - Soil Science Ph.D. - 1972 • PROFESSIONAL EXPERIENCE: 1980 - Present: Visiting Extension Soil Specialist, Texas A&M University, College Station, Texas. (Prof. leave 1980-81) . Duties and responsibilities: Waste Management Specialist. Design, demon- strate and evaluate land treatment systems for municipal, industrial and domestic wastewater. 1977 - 1980: Associate Professor and Extension Soil Specialist, North Carolina State University, Raleigh, N.C. Duties and responsibilities: Waste Management Specialist. Design, demonstration and research of land application systems for municipal, indus- trial, agricultural and domestic wastewater. 1974 - 1977: Assistant Professor and Extension Soil Specialist, North Carolina State University, Raleigh, N.C. Duties and responsibilities: Waste Management Specialist. Design, demonstration and research of land treatment system of municipal, industrial, agricultural and domestic wastewater. 1972 - 1974: Research Associate, Soil Science Department, North Carolina State University, Raleigh, N.C. Duties and responsibilities: Research on land treatment of wastewater - municipal, agricultural and industrial. 1969 - 1972: Research Soil Scientist , Agronomy Department, Washington State University, Pullman, Washington. Duties and responsibilities: Research and demonstration for agricultural utilization of waste products. 1966 - 1969: Research Engineer, Battelle Memorial Institute, Pacific Northwest Laboratories, Richland, Washington. Duties and responsibilities: Research on land disposal of low-level nuclear wastes, effects of herbicides in canal water on crop growth; nutrient reduction in municipal and industrial wastewater; water supplies and treatment for agricultural and industrial use. 13'1 1965 - 1966: U.S. Public Health Service Fellow, Department of Civil Engineering, Washington State University, Pullman, Washington. Duties and responsibilities: Research on recovery and analysis of herbicides and insecticides from environmental sources. 1962 - 1965: Research Assistant (1 time grad. student) , Department of Agronomy, Washington State University, Pullman, Washington. Duties and responsibilities: Research on absorption and desorption of pesticides from soil materials. 1958 - 1962: Soil Scientist, U.S. Conservation Service. De Bryan, Nacogdoches, and Carthage, Texas. Duties and responsibilities: Soil survey and interpretation. CONSULTANT ACTIVITIES-_DESIGN AND MANAGEMENT OF LAND APPLICATION SYSTEMS Tennessee Valley Authority Bear Creek Development City of Raleigh Muscle Shoals, Alabama Raleigh, N.C. Transamerica Corp. • City of High Point Auburn Lake Trails Project High Point, N.C. Cool, California City of Reidsville • Bruce Foods Reidsville, N.C. Wilson and El Paso Plants Wilson, N.C. and El Paso, Tx. City of Waxhaw Waxhaw, N.C. Anheuser-Busch, Inc. Williamsburg Brewery City of Morganton Williamsburg, Virginia Morganton, N.C. Miller Brewing Co. City of Newton Eden Brewery Newton, N.C. Eden, North Carolina City of Waynesville Champion International Corp. Waynesville, N.C. Canton and Courtland Plant Canton, N.C. and Courtland, Ala. R. J. Reynolds, Co. Davie and Chowan Co. Plants Cone Mills, Inc. Winston--Salem, N.C. Guilford County Plant Greensboro, N.C. General Electric Corp. Henderson Co. Plant Campbell Soup Co. Hendersonville, N.C. Roberson Co. Plant Maxton, N.C. Masonite Corp. Spring Hope Plant Hercofina, Inc. Spring Hope, N.C. Hanover Plant Wilmington, N.C". Dupont, Inc. Brunswick Co. Plant Wilmington, N.C. 11 Perdue Poultry Cranston Print Works Lewiston Plant Fletcher Plant Lewiston, N.C. Fletcher, N.C. OTHER PROFESSIONAL ACTIVITIES: a) National soil survey technical committee — waste disposal on land b) USEPA technical review committee — on—site waste water disposal systems c) Southern area work committee — utilization of sewage sludge on land d) Southern regional research committee (S-82) — fertilizers and organic waste applied to soils in relation to environmental quality (past chr. ) e) N.C. Water Resources Research Institute — technical advisory committee f) Southeast coastal area management commission — technical consultant g) N.C. State Department of Administration — sewage task force h) Triangle J Council of Government — technical advisory committee, on—site waste disposal i) Land—of—Sky Council of Government — technical advisory committee j) Western regional research committee (W-124) — Soil as a waste water sink (initial chr. ) k) USEPA expert witness — land applications systems - SELECTED PUBLICATIONS Colburn, A. E. and B. L. Carlile. (ed. by) . "Land Application of Municipal Wastewater and Sludge." ( in review) . Texas A&M University, College Sta. , Texas. June, 1981. Carlile, B. L. "Animal Waste Management in High Water Table Soils." Proc. International Livestock Waste Symposium, Amarillo, Tx. April, 1980. Carlile, B. L. and J. M. Stewart (ed. by) . "Land Application of Wastewater— A Bibliography." U.S. Department of Interior — Office of Water Research and Technology, Washington, D.C. OWRT/WRSIC 77-204. June, 1977, 408 p. Carlile, B. L. and J. A. Phillips. "Evaluation of Soil Systems for Land Disposal of Industrial and Municipal Effluents." UNC—WRRI Report No. 118, June, 1976, 67 p. Carlile, B. L. and J. A. Phillips. "Criteria for Land Application of Food Processing Waste." Paper No. 75-2513, American Society of Ag. Eng. , Chicago, Ill. , Dec. , 1975. • • 13b Carlile, B. L. "Alternative Systems for On-Site Wastewater Disposal." Proc. Georgia Coastal Sewage Disposal Conf. , Brunswick, Ga. , April 22-24, 1980. Carlile, B. L. , A. R. Rubin and D. J. Osborne. "Status of Innovative and Alternative Treatment Systems in North Carolina." Trans. ASAE, Paper No. 79-2586, Dec. , 1979. • • ,_ 14u DENNIS J.OSBORNE&ASSOCIATES Ilia ELMWOOD,16 BOYLAN AVE.,RALEIGH,NC 27603 X1114111 Phone 919-821-5074 REPORT OF SOILS PINEY MOUNTAIN LOW PRESSURE FIELD ORANGE COUNTY, NORTH CAROLINA .••'Oz ' Tim:• , )\.)"--_- /c".::.-7-7.A.i Niti-'4 * - I,'• 4•• - .'i e....9- — :4 r .. t . : r- rs. r ;i : "4; R J. n g 1Qlr". 14:1 '. ' P!I'LIc. / C7 r 1111 fi'.: III I Site Development Analysis Soil Interpretation Soil Surveys 141 • �M. DENNIS).OSBORNE&ASSOCIATES IIII�I ELMWOOD,16 BOYLAN AVE.,RALEIGH,NC 27603 Phone 919-821-5074 Introduction The purpose of this report is to summarize properties of in a low pressure effluent treatment system will be constructed. Thisssummarich is provided at the request of the Orange County Plannin De This summary is not intended to re g partment Staff.y and site investigation report as to be used as the detailed soil This summary is only intended to cam 1 Part of the DEM submittal package. site work has been accomplished. P Y with Planning Staff request to insure Summary Soils on the area of the Piney Mountain low ranging from 2 to 12 percent. These soils occur onrans upland eridgeCrestnandopes sideslope. These geomorphic features developed from slates influenced intrusions. Influence of the instrusions is limited to areas not included nd in the system underla by basic in the system yment. The system is located specifically on the soils(by virtue of chemical and hydraulic factors) to waste treatment. Since waste treatment, not waste disposal, is the design basis of a low the properties affecting waste treatment are those analyzed when selecting stem. oe pressure from Soils exhibit an A-horizon (commonly called topsoil) ranging called subsoil) range from 24 to 29 inches ethicky loam. The B-horizons colloidal fraction range dominated by (commonly capacity ranges from 12 to dominated mibyiequivr non-shrink swell clays. Cation whose c p obey ranges in per 100 Y Cighes exchange Y the maximally developed portion of the gargillicthorizon. The pH of the soils is below 5.0 in all horizons. from 35 to 51 percent between 30 and 80 centimeters depth. A-horizons is low and increases with depth to a maximum Clay content ranges Organic carbon is low as is usual, highest in the surface Clay content of Organic Permeability ranges from 0.6 surface at about 60 centimeters. blocky in./hr. , as expected about t 0.1 to y sPer eube and ranges clays. to 1.6 in. in./in_ Design loading rate is 0.1 water capacity is about 0.1 to 0.2 than n. Design in loading gesatech 1 gal./ft• /da publication of Note is such a low rate is utilized is because: efficacy of such; (2) analytic data suggest(1) experience indicates, hydraulic and animal contaminants have repeatedlbeentshownato be and in unsaturated omi flow have ycreated in shown to (3) d both chemical removed from ate effluent those soils at this rate. wiluui Site Development Analysis Soil Interpretation Soil Surveys • DENNIS J.OSBORNE&ASSOCIATES 14 �III�III ELMWOOD,16 BOYLAN AVE.,RALEIGH,NC27603 Phone 919-821-5074 Conclusion On this gently sloping pine vegetated site, several soil factors combine to create a soil well suited to treating waste from a properly loaded low system. When we developed this system in the mid 70's, such soils were those ssure we envisioned being used for waste treatment at loading rate of 0.1 gal./ft. 2/da . Y RU Site Development Analysis Soil Interpretation Soil Surveys -2- • • t� fit. Dukr niuersitr_ = f . NORTHDURHAm CAROLINA • _ - .,� - -✓'•`• - ^l / SCHOOL OF FORESTRY AND +, s - y`"° - -- - - �. ND ENVIRONMENTAL STUDIES - - - - - ,"1?-•:;• } _ �.- MEMORANDUM i �^: ;` , 1';":7;u. ,�, '. .'• y TO: Dr. George ::<. `C- = -`---1.':. `w r 4 Dutrow, Dean - ^-,f`,,r -- _ I'f :. 1. FROM: Duke Forest Advisory -'., . -. -. � ���. r Committee, Norm Christensen, Chairman DATE: July 28, 1987 The Advisory Committee reviewed plans for the os development which will have access off Mt. Sinai Roadoandei s Piney Mnuntoin t to the southern boundary of the Couch Tract of, the Duke Forest. Two matters cancer us: • - ern 1. While we are pleased with proposed development boundaries, theimpact develoabout pment creeks and etc.) and the proposed nitrification fields on water ion in Piney Mountain Creek needs to be assessed and monitored. This creek is a major tributary of New Hope in water quality could affect large o Creek and a change g Portio Division of the Forest. ns of the Korstian 2. On sheet 2 of the development public "greenway plan reference is made to a Forest tracts."green ay trail" that will "serve to connect the Duke access to the Duke hForest isepermittedtonlypo emphasize that established by public y the University. The trails and roads Forest are research and teaching; primary functions of the so far as it does not interfere gwith bthese cfunctions. The in proposed "greenway trail" does not coincide with any e Duke Forest trail. The developers should not attempttoscreate • such access, nor should they advertize such access. NC/as • IIIMMENNENNI 'DOZE FOREST Al Timber management areas • a • High us• educational areas gMajor research areas • Ao •a Permanent study plots LANs^• r• c,,z. :re Ni% 'V+�Fes_����:� ��f�rr� ��" 1 Llib• 40 ,c. • .3 • —rffilli--"m fi .■■•41 tl�•t• e • U 9•10:4.7.2• ID �b �\ ; !" r , Lli Pr , Oa r ,/, ii-:). Off 0, _....., %``���� �s�'t{S ptOUA17d / tee • • u 1 74f lit 1 lit g 41,0\ ..4,11 Aar Wraraliften•WOrAltoni • 4r• -41■ wisp, �r��C�\��\f*� '7%//.I/jam//TON 1/ ‘A toiagr ref �w� -f4�rf ► tii1► / `y-'1 ��\�`�\�� \fr"tom 14177�, `�...., —1� IP ire 4. OP 'Ilk‘bWV 5 MO er•4141 LIN SD "k"r1:11ZIA, 4 "4U IThELT� ea, 9 f MAP 2 ox .1' r` MANAGEMENT, EDUCATION `r and RESEARCH KORSTIAN DIVISION-DUKE FOREST \ , PUKE rilOrESIT 14t M` Aesthetic or •creatlon • •ttt�q Water Quality .0 wril""L\i"ro • n. = , et L•� 4 r� • r. /S a VIN J-,1 —..���.�`t.� r•• • Z ^¢ iaSL. 5cat�: 1„^ Ir • F 7.Z. �vka* Xc7 ! •w r4 I 4U etiP d r MI ir Z E A-(, / •• E. . 1 L. , 4,„ / Z� / • 8 iff ION lar ow a MW MN , 3,.7.7.,74/ 1 = \� • in in MN k=„EGeri- . 6211 MN gfr ../ am Mir- MEE ma mm Eh nm 7 i. ■ IM MM OM MO MI it ill P gr. " -'r''-'.1.11;:i---'1 74 P"'(Lk-.t...1.-.-4;---=Pi-----7 2.ri....,..- ---ril.7_,_..,azr:..:..", aiM dilinar ieAP Ar ......4 :164 711111 d -Nam.....nallib.... .■nir.....,Imn.......1 St war-MELD EttAID , f / MAP8 ® `�i� a` NOMINAL BUFFER ZONES ,,°'* KORSTIAN DIVISION -DUKE FOREST . 11J� POREe7 • ,in_® Arias of high •rchr•oloyleal probability , ,�,�` r' I 1r 46 /A 1 A,••s of primary botanical signific•nt• 1k1 Arras of s•eondary bot•nical slgnificrne• Pril 4 � 1♦ Known historical or archarolo ical slt•s •, Ol ,~ I ---'`SiiiiH41114* .401•1111,4k ,imirmlelm' �UAti1 airlifIll"\elli• •• •• :::001\ # II nil 11114WkP4'k. • CI i ,i'`..- -'...f "ittt• -- � ' ` !gin`�\3r�S ?Aral + / r`4, I. ill tPiP .. w N i. - E r:- ��\�\! •ratosp. �_ �t S r 7 '‘.'11,......,... - MT PWY j `� $i�'a. ..z.45 q osr"R� ' Ir �� A 0 T 1 ♦ L9 :1- Ii J r �`�� fir1 ``i� 'r 0 a Q* i or, 5.,./ • .i..401.-46-,\I\ NI‘, ♦ �`+ mo � ..-Ammiwk 11114k,11 N ►r ■ /W11041-;391.* SEW Mlle NNW- iCk e 1'111 111. \re di li • 1.747-N, `� , yo �� WW11.•FI�0 tj • , .1 � � I r .0 14r O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Augu t 18, 19$7 da ItemAction gen` SUBJECT: FAIRFIELD ESTATES - PRELIMINARY PLAN ACTION BY: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments 7/20/87 Draft Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Fairfield Estates. BACKGROUND: The property is located in the northeast portion of Cheeks Township, south of Hall 's Mill Road (SR 1336) and on both sides of Brookhollow Road (SR 1338) . The tract is zoned Agricultural -Residential with an overlay district of Protected Watershed II . It is designated on the Land Use Plan as Agricultural -Residential and Water Supply Watershed. The total acreage of the tract is 135 .45 acres. Eighteen ( 18) 5-acre lots are proposed in three sections . The remaining 43 acres and existing structures are included in lot 9. All applicable agencies have reviewed and commented on Fairfield Estates. NCDOT requested dedication of a 60-foot right-of-way on Brookhollow Road and dedication of 30 feet from the existing centerline of Hall ' s Mill Road as right- of-way. The preliminary plan complies with this request. At its July 20, 1987 meeting, the Planning Board recommended approval of the preliminary plan . RECOMMENDATION: Manager recommends approval per the Planning Board 's recommendation . PLEASE TYPE OR PRINT ( INK ONLY) 11/85 1 4 8 APP ICATION OR Su DISIO VI PPpoVA ORANGg COUNTY DATE: a- 4 -87 SUBDIVISION NAME: ,4 a-czr4i.eAct L $-4-s4 LOCATION: c.a/_c_ Ldr .4" sQ /.13c-i- .5 Ris3A .y -- v SR /&O Y- OWNER/DEVELOPER : `~ _ .-__ �„ __ • ADDRESS: /fie (5�---.�A1r.•.- S4-. 6 TEL E-HONE Na. : 9,?- &2- —a Z¢3 Eno iE soz-ZtLL AGENT/CONTACT: g ,i,../..p,P 5,,,r.,4<...m-a Z TELEPHONE NO . : re? - Xz l-e"773 A. SUMMARY INFORMATION: Orange County Tax Map 3 Block _ 9' Lots) /o Township C.1..-4.m. t Zoning District(s) : ,4C., PA1 xP Total Number of Acres: l3 -4c..n_a,f, -,,,d It 5 --._r. Phases : 3 Tote l Number of Late: "/S Average Lot Size : 4A-c,,.y,Minimum Lot Size Number/Type of Structures: (existing] 4e42,.,.-•_ . (proposed) Lineal Feet in Streets: Acres in Open Space Water Supply: Pub Lic(specify) Community V Individual Wastewater Disposal: Pub Lic(specify) Community ✓ ndividual School District: /_ 1 - c_ ... 1�� Fi re District: 1 . 1ct General Land Uses in Area: .4.,. ,, , .• (f.,,^.�„(' Critical Areas : �streem/drs�#nageways _flood prone areas /Pi-e'• watershed(spool fy] historic sites other(expLain] P_pnd B. ALL plats must be submitted on sheet no smaller than one inch equals two- hundred feet (1 "=200 ' ] and no larger than one inch aqua Ls fifty feat (1 "=501 ) and must contain the following iy formation : 4 :. subdivision name v Z. ✓ npe of es..r(sl bui Ldtng setback lines },: by notation or typical. let "heck items .- name of surveyor, engineer or <:+' : layout Land pl <:.:ryr existing roposed ease- =ompleted) (titt.) Preliminar PL ?* g and Preliminary an ::i:• seat. (dreln.gs, utilities, seals. north sire■ (North at i'• roads, etc.) iltop o .apt •Y. existing. Proposed and data f(including revision dates) ; adjoining rights-of-way - iww township, tax Sep-block-lot :"' ; \-c rafaranoas inrLsding and state and A. WI arrest oases end atass road boundary de.oribed with nw.bars 44.2..i.: ba.ringa and di A existing and proposed ` setaL L ' »wus ge of the trees •:< 4 utilities, including .• `: and acreage of lots, including ;sex'` type, si;ea, and Including arse within ;•e'x' hydrants, valves and - :::4'... rights-of-way '' e.w'• manna Lee oentrol confer ` i.r• existing g and proparad culvert proposed lot tines with :y�`'� dimensions including sizes and grade' �/ typical strait ereaa-aactione lot number/ and int in dstaile phoning Lines ry{•r{� including design and width topeP^wphy at tan foot (101 /n of travetway and shoulders / as 1 horizontal ■Lig and water bodies, streams, flood- ray and floodpleine 4.- g.nsral curve data (public � reads! X stress buffers and notation permanent restores such as indicating restricted buildings, rise / � dsvelop..nt potential 2:::::::Y toraehl historic Landmarks, p. corporate and extra- adjoining lot Layout :%:M : territorial planning f adjoining property .......;• jurlediction lines which owners and subdi visions "y cress the property location and aim of Parcels dedicated for public use or reserved :y , in Common Location and aim of lots of 1ct.d development potential and c ',# 'cI ':.Vi notation on plat regarding sass L C r ; ;; $tvrmw.ter ran$g..ant plea indicating provision for Contra! of the flirt i/2 inch of runoff fro■ t.parvlou■ surfaces OTHER SUBMITTAL REQUIREMENTS : 14:' 1 . Twenty-six (28) copies of the preliminary plat 2. T..c fol. !. size aup i es of an Orange County Tax map (one copy invoLveG clearly marked) . - PY with tax 3. Where municipal or OWASA sewer is not available , a Letter from the Orange County Health Department certifying the proposed wastewater system for each Lot . Y , the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a $210.00 fee (subdivisions of 15 lots or lass) or a $370.00 fee (subdivisions of 18 lots or more) is due at the time of application . A $5.00 per lot fee is due at the time the final plat is presented for recordation . 14 t— d �" , f - t APPLICANT 'S SIGNATURE ( OW ER 'S SIGNATUdit9 SATE DATE. FEES: Amount #70. -- Date Paid q-2.3 7s7 Receipt /3.3 17 15U 9846 - ' 9856 F AZZ ri aLQ eST S zo,,,,,q:d /»_r App„,cA iji-: p•vs/4-rl1ff..TiriLcE ... 1.L h'1 1 L.-1.- Q' --- --— — 6 ∎•07T' N0„..-- __ _ .,- ____ . N _-__,,--- •,_- ,, /33, 00,„„„„ , 1 _ _ ,___ ••• I (,;17/ . . 0 C II I 94 / N 119-. 41/ 423 35 10 I 20.0106 AC �eS13 I 5.8 AC. I _ 5655 b 55.45 AC- I ......._ ,,,a 6805�` r7 / 4,..„/ - ^ A 8 P +2 Q8813 = 4 , ....,1 ssr3 P/0 1 313 9996A( 14.14 AC. \ .., \ \ >.1` "Y' E)::, _ / \ -- -- I I MoCTII rd i en tLy ESr4Te3 151 11 /85 ORANGE COUNTY CERTIF1ATION AND APPRPVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN: Received 3-9-87 Reviewed 3-11 -87 PRELIMINARY PLAT: Received 4-21 -87 Reviewed 4-29-87 REVISED PRELIMINARY PLAT: Received 6-26-87 Reviewed NCDOT: DATE 6-9-87 _ CERTIFICATION J . E. Mills, DJ5frict Engineer SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 5-28-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other S&E W. Faircloth_ 6-4-$7 (Date) Health D. Hecht 5-18-87 (Date) PLANNING BOARD: Date 7-20-87 A pproval _ Approval with Conditions Denial BOARD OF COMMISSIONERS : Date Approval Approval with Conditions _ Denial tl.x S7ATf u rj ``r�NM Vim• �Yixvl+a -`r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN June 5, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR - Orange County Ms. Emily Crudup Orange County Planning Department - 306-F Revere Road Hillsborough, NC 27278 Subject: Fairfield Estates Off SR 1336 (Hall 's Mill Road) Dear Ms. Crudup: The above referenced preliminary plan is approved subject to the following: 1. Dedication of a 60-foot right-of-way on SR 1338 (Brookhollow Road). 2. Dedication of thirty (30) feet. from existing centerline on. SR 1336 (Hall's Mill Road) as right-of-way. If there are any questions, do not hesitate to contact this office. Yours very truly, J M. Mills 'ISTRICT ENGINEER JMM/SPI:jbh An Equal Opportunity/Affirmative Action Employer ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 1&-!ee 'a MEMORANDUM TO: Emily Crudup, Planner II FROM: Warren Faircloth , Erosion Control Supervisor SUBJECT: Fairfield Estates Stormwater Management Plan DATE: June 4, 1987 The plan for this subdivision meets the Ordinance requirements by using large lots, limited additional impervious surfaces on each lot, no new roads will be built, and a buffer of vegetation will be retained around the perimeter of each lot to filter and absorb runoff . bliakteRlEa4A0 154 6 incomplete simply because more information was desired beyond that required by ordinances. Jacobs reminded Board members that time was still available within the time period to request the additional information. Pilkey indicated a desire for a soils map showing the reasoning for a ground absorption system. Yuhasz withdrew his motion after Board discussion indicated that the reason for deferring action was a desire for more information, not because it was incomplete. The additional information requested was a response from Duke University and information about soil conditions. Mr. O'Neal stated that Mr. Osborne could supply the information regarding soil conditions. It was the consensus of the Board to delay consid- eration of Piney Mountain Cluster - Preliminary Plan until the August 17, 1987 meeting to receive additional information from Duke Forest repre- sentatives. b. Fairfield Estates - Preliminary (Cheeks Township) Presentation by Crudup. This agenda item is for the consideration of the preliminary plan for Fairfield Estates. The property is located in the northeast portion of Cheeks Township, south of Hall ' s Mill Road (SR 1336) and on both sides of Brookhollow Road (SR 1338 ) . The tract is zoned Agricultural -Residential with an overlay district of Protected Watershed II . It is designated on the Land Use Plan as Agricultural -Residential and Water Supply Watershed. The total acreage of the tract is 135. 45 acres. Eighteen ( 18) 5-acre lots are proposed in three sections. The remaining 43 acres and existing structures are included in lot 9. All applicable agencies have reviewed and commented on Fairfield Estates. NCDOT requested dedication of a 60-foot right-of-way on Brookhollow Road and dedication of 30 feet from the existing centerline of Hall ' s Mill Road as right- of-way. The preliminary plan complies with this request. 15a 7 The Planning Staff recommends approval of the preliminary plan. MOTION: Kramer moved approval . Seconded by Yuhasz . VOTE: Unanimous. c. Saddle Creek - Preliminary (Cheeks Township ) Presentation by Crudup. This agenda item is for the consideration of the preliminary plan for Saddle Creek Subdivision. The property is located in Cheeks Township west of Mill Creek Road ( SR 1343 ) south of High Rock Road (SR 1340 ) . The subdivision proposes nine lots which average 2. 73 acres in size. A total of 260 acres are remaining in the tract which is zoned Agricultural -Residential . The Land Use Plan designation is also Agricultural Residential . Lee Street, a pre-existing public road, will be extended as a Class A private road. The nine proposed lots will also be served by Vinca Lane, a Class B private road . The Planning Staff has reviewed a sketch plan for the remaining acreage which proposes lots over ten acres in size. All applicable agencies have reviewed and commented on Saddle Creek. After preparing a private road evaluation, the Planning Staff recommends that the proposed roads be approved as follows: Vinca Lane, a Class B private road Lee Street (extension ) , a Class A private road The Planning Staff recommends approval of the preliminary plan with these conditions : ( 1 ) Revise the note which refers to the drainage easement. (2 ) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if any parcel served by the roads is further subdivided. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 15€ ACTION AGENDA ITEM ABSTRACT Meeting Date &ugusf 18, 1987 Action da Item 1� SUBJECT: SADDLE CREEK - PRELIMINARY PLAN Action by: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Private Road Evaluation 7/20/87 Draft Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Saddle Creek Subdivision. BACKGROUND: The property is located in Cheeks Township west of Mill Creek Road (SR 1343) south of High Rock Road (SR 1340 ) . The subdivision proposes nine lots which average 2.73 acres in size. A total of 260 acres are remaining in the tract which is zoned Agricultural -Residential . The Land Use Plan designation is also Agricultural -Residential . Lee Street, a pre-existing public road, will be extended as a Class A private road. The nine proposed lots will also be served by Vinca Lane, a Class B private road. The Planning Staff has reviewed a sketch plan for the remaining acreage which proposes lots over ten acres in size. All applicable agencies have reviewed and commented on Saddle Creek . After preparing a private road evaluation, the Planning Staff recommends that the proposed roads be approved as follows : Vinca Lane, a Class B private road Lee Street (extension ) , a Class A private road 1.5P At its July 20, 1987 meeting, the Planning Board recommended approval of the preliminary plan with the following conditions: ( 1 ) Revise the note which refers to the drainage easement. (2 ) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if any parcel served by the roads is further subdivided and maintenance of Lee Street to Class A private road standards. RECOMMENDATION : Manager recommends approval per the Planning Board ' s recommendation with clarification of condition #2 as follows : (2) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if any parcel served by the roads, including the residual parcel , is further subdivided, and that Lee Street, including the pre-existing public portion, be maintained to Class A private road standards. 1 p- - - I fir( • \ -4 , , D . ...I - - • . . 5Apt2Lz. ctzEEK. . . ... . --,.... _ . .. • . ,., , _ ' _ ` .Q, zOkl i kiq : de �• Mc'T TO za4LE XIDETN — it® .*'=7�� 4PPLI CAAITS : Cg44.2FOr�7AµViZ/JO~(IU 5g . . � ✓ z Y N • a . (7 • - . `\ i .. - - • 55 ./•:-.N 1 a"yr- --Ta... :-- . . - IF;: .1/4a..) I CY) Z -- .,\,,,,,., .. z. k . 4„..„--; N,''': so ro' wt --7-6-;,----Fr� \ � �i-. - I® ` • i o iv, ‘ .. \ [—rt- `I ,.pRNE ∎ g 4I . ^' I.I a N v a --g -- • - - \ . .. n n F Y 1 10 , _o� oO0 b � �.. e Is • _ '{ V .. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253-0766 JAMES G. MARTIN July 17, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County To Whom It May Concern: At this time, Lee Street does not meet the minimum housing requirements of the Department of Transportation to be added to the state system of maintained roads. It also does not meet the minimum construction standards of an unpaved road of a minimum of thirty-eight (38) feet ditch to ditch and at least a twenty (20) foot travelway of four (4) inches ABC stone. If you have any questions, please do not hesitate to contact this office. Yours very truly, JJ. M. Mills /DISTRICT ENGINEER JMM:acr An Equal Opportunity/Affirmative Action Employer SADDLE CREEK .1.6t; 11 / 65 RAANGzE. COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN : Received 2-23-87 Reviewed 2-25-87 PRELIMINARY PLAT: Received 5`29-87 Reviewed _ 6-3-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 7- 17-87 _ CERTIFICATION Comment on AYi ring road SCHOOL BOARD ( Orange/Chapel Hill-Carrboro) : DATE 6-30-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other $ & E W. Faircloth 7-1-87 (Date) Health R. Holdway 7-8-87 (Date) PLANNING BOARD: Date 7-2C-87 Approval Approval with Conditions X Denial BOARD OF COMMISSIONERS : Date Approval Approval with Conditions _ Denial ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 16i H1LLSIRORO1 (:H, NORTH CAROLINA 27278 r. MEMORANDUM TO: Emily Crudup , Planner II FROM: Warren Faircloth , Erosion Control Supervisor SUBJECT: Saddle Creek Subdivision DATE : July 1 , 1987 This subdivision meets the Ordinance requirements by using large lots , limited additional impervious surfaces on each lot, and retaining a buffer of vegetation around the perim- eter of each lot to filter end absorb runoff . 162 11/55 0 ORANyE CDUIITY DATE: 312q 187 SUBDIVISION NAME: GAUD CPULK LOCATION: YO ST ail 1II.,L CAULK- ?DAD (6R. +343 OWNER/0 EVE LOP ER: .Tbh1 I C2A0wFot1 j 13cI.4.1 Nu'J r /..& j 'Z-t-mim t ADDRESS: TELEPHONE NO . : AGENT/CONTACT: ENT (.2a4 $ % Tow--.1 . TELEPHONE NO . ; 732-40Z42. • A . SUMMARY INFORMATION: Orange County Tax Map I Black ; Zoning District(sl : , Agje an.-TU2�.L- 2.Ltscp) Township _ Tots I. Number of Acres : z4•�b .4c• �A�Tf L. Total Number of Lots; Phases : 1 Tumber �� Average Lot Size : Z.73 _ Minimum Lot Size Zui. yp• of Structures : [existing) )yc.x. (proposed) Lineal Feet in Streets: 17401 Acres in Open Space -- . Mater Supply; • Public(specify) Community Wastewater Disposal: Pub Lic(specify) Community r Individual Schizo l District: Y Inds vi due l Genera I. Land Uses in Area : ha Fire District : Critical Arena: � _stream/drainagewaya flood prone areas watershed(apecify) `historic sites other(imp lain) B. All plats must be submitted on sheet no ;seller than . one inch o hundred ' .feet (1 ";SOD 1 ) and. no larger than one inch equals f i fty feet (1 "=6D1 ) and must contain the. fa l lowing information : gred/r/Hew weme • ' nere of eemerlel building aesorot lines =heck items ,.J! ^` name of news's'. 'wgldrrp •p '•? \y ovine/en or typical let zompleted) ,,,/// lewd pin',: layout 1 ,.• Itlttel Preliminary tan •Rteein end sellmihar p 9 pro oeore eels■- seels. north apps' (harsh X:M wants (drainage. utilities. 1 . top er reel •t roods. ate.) dote (imploding reirl•irn mates] h •:; 'Rioting. Pre00000 and township• tax eop«s/a0R—lei ice:{;, including rtgd;s�f$an references v�tt:ss+;» including dimensions and •• \rawdery deeerieed wish / � a ■ester wanes end stet■ rose / \eerinee and di armrest L total eereeep at the treat sainting and p end sere/see of its odelrdlwg I�a•."o-t. type. size including , end aimeding ere■ within =. ''•: roe. oozes. ,.✓N rlghlr+sfthy -� hydrenta, wolves and �7 '' pniral ...e §t;+�i lee Proposed tat &lees with mole wg and proposed culvert elrenelewr / s .'•:`c iwelydtnq •izos and g lee nnm\era sypieet •;prof; eroaa+reetieee phoning lines '+ry end 1 ton details t x • % topography et ten feet (10) {h`•f; lnelydlnq design and width 1 le .. �• •f t levy end shoulders x I herieeeeet alignr•nt and eve's \noise, eererma. flied— per and t►oadplaln• E* gener■l arses data (pantie etpeer nrff•r■ one nrtetlon J t eeeeel Sou/looting riessd ^� permanent fa•tstaa such •• deaele,ment peteeelel \elltlings, armo�srina. serwePlp, oerpnr■!• and rztrs� hinterle l tarrltdri•l planning *Claiming Lot f,* jcrrioeletlen linen cone• of adjoining layout x•; which ewn•p■ one aueet•9aien�wptr Creme the property Wootton end •lze of pergola died& x:':: 1n °preen d for Raoul; use or rea'ras4 legation end site of iota of aetoilen On Plat regorging rlotrd drv•l �`..:�: g g 'spa let and •terwreter ernepement plan iadtaeetne provision for eentpel of the float 1/2 ins. •f runoff free 1eeeeelees curl (GRAY AREAS roR nrrl CE tY7T rmll v‘ • C . OTHER SUBMITTAL REQUIREMENTS : 1 . Twenty—six ( 25 ) copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (one copy with to parcels involved clearly marked) . 3 . Where municipal or OWASA sewer is not available , ■ letter from the Oreng County Health Department certifying the proposed wastewater eyatem fo each Lot . I , the applicant , hereby certify that the foregoing application is complete en accurate . I understand that a $210.00 fee (aubdivisione of 15 lots or less or a $370 .00 fee (subdivisions of 16 lots or more) is due at the time o application . A $5.00 per lot fee is due at the time the final plat i presented for recordation . rte.} /1'1/41'.//APPLICANT 'S SIGNATUR OWNER 'S SIGNATURE 5 - a 9- e.7 DATE DATE • • • • Ip - FEES: Amount A �/b Date Paid 5- ' 1- e7 Receipt f32� ! ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROl GH, NORTH CAROL ItiA 27278 16 MEMORANDUM TO: Orange County Planning Board FROM: Orange County Planning Department SUBJECT: Saddle Creek - Preliminary Plan Private Road Evaluation DATE: July. 8, 1987 BACKGROUND Private roads may be allowed in a subdivision when the following conditions have been found to exist. 1 . The nature and location of the subdivision, includ- ing such considerations as topography, the surrounding area, present and future road plans, and public safety access justify private roads, and 2. One or more of the following conditions exist: a) the subdivision consists of less than ten ( 10 ) lots ; b ) the subdivision preserves a natural area through deed restriction and special design features; c) the subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or the thoroughfare plan of an Orange County munici- pality, or does not lie within a designated transition area determined by the County; d ) the subdivision joins or extends an existing subdivision where the streets are private or unpaved and when the new subdivision shall be platted to connect with the streets of such existing subdivision and be compatible with and in harmony with the surrounding community area; and 16� 2 e ) the subdivision roads , even if constructed to State Standards, would not be accepted by the State for maintenance due to density or some other State requirements that the subdivision cannot meet. EVALUATION In applying these conditions to Saddle Creek subdivi- sion, the Planning Department notes the following : 1 . The proposed subdivision is part of a much larger tract. Therefore, Lee Street has the potential to be extended in the future. Vinca Lane, however, probably will not be extended because of the topography and a nearby stream to the west. 2 . a ) The subdivision consists of less than ten ( 10 ) lots . b ) The subdivision does not preserve a natural area . c) The subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or on the thoroughfare plan of an Orange County munici - pality . It does not lie within a designated transition area determined by the County . d ) The subdivision joins an existing subdivision where the street (Lee Street) is unpaved . e) If the roads were constructed to NCDOT stan- dards, the state would accept them for main- tenance provided the density requirement (2 houses per 528 feet) could be met. • RECOMMENDATION The subdivision satisfies three of the five conditions required for the designation of a private road. The Planning Staff recommends that the proposed roads be approved as follows: Vince Lane, a Class B private road Lee Street, a Class A private road Further subdivision of parcels served by these roads would result in the necessary upgrading of the roads. This process would be outlined in the Road Maintenance Agreement L663 required for final approval cf Sadcie Creek . 1DM & If 16: 7 The Planning Staff recommends approval of the preliminary plan. MOTION: Kramer moved approval . Seconded by Yuhasz. VOTE: Unanimous. 0 c. Saddle Creek - Preliminary (Cheeks Township ) Presentation by Crudup. This agenda item is for the consideration of the preliminary plan for Saddle Creek Subdivision . The property is located in Cheeks Township west of Mill Creek Road (SR 1343 ) south of High Rock Road (SR 1340 ) . The subdivision proposes nine lots which average 2.73 acres in size. A total of 260 acres are remaining in the tract which is zoned Agricultural -Residential . The Land Use Plan designation is also Agricultural Residential . Lee Street, a pre-existing public road, will be extended as a Class A private road . The nine proposed lots will also be served by Vinca Lane, a Class B private road . The Planning Staff has reviewed a sketch plan for the remaining acreage which proposes lots over ten acres in size. All applicable agencies have reviewed and commented on Saddle Creek. After preparing a private road evaluation, the Planning Staff recommends that the proposed roads be approved as follows : Vinca Lane, a Class B private road Lee Street (extension ) , a Class A private road The Planning Staff recommends approval of the preliminary plan with these conditions : ( 1 ) Revise the note which refers to the drainage easement. (2 ) Include in the Road Maintenance Agreement a provision which would require upgrading of the proposed private roads if any parcel served by the roads is further subdivided. DEC If 8 ( See attached memo regarding Private Road Evaluation on pages of these minutes) . Best expressed the concern with the roads being private rather than being constructed to state standards. Ann Joyner, one of the developers of the project, stated that the density would never be high enough for the roads to be accepted by NCDOT according to the Restrictive Covenants. There must be at least 4 houses on the road and two houses per . 1 mile. Ms. Joyner noted that due to the lot sizes, these densities would never be met. Ms. Joyner noted that the Road Maintenance Agreement did state that Lee Street will be maintained by those lot owners to state standards. MOTION : Lewis moved approval according to Staff recommendations. Seconded by Taylor. VOTE: 7 in favor. 1 opposed ( Pilkey - felt the developer should have a public road rather than private road ) . 1 abstained (Yuhasz - due to professional conflict of interest) . Lewis expressed concern that the public charge requesting that the citizens conduct themselves in a courteous, respectful manner should also apply to the Board in that they conduct themselves in a courteous, respectful manner to the public. He continued expressing the thought that unnecessary hostility was present. d. Lots 18 and 18A - Phase 2 Lake Woods - Preliminary (Chapel Hill Township) Presentation by Kirk. This agenda item is for the consideration of the Preliminary Plan for Lots 18 & 18A Phase 2 Lake Woods. The property is located in Chapel Hill Township at the corner of Jones Ferry Road ( SR 1942) and Lake Court. Lake Court is a public road that has been constructed to State standards. The developer is proposing to create one ( 1 ) additional lot by dividing a 5 . 02 acre lot. One lot would be 2. 48 acres and the other lot would be 2. 54 acres. 16i O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 18, 19137 Action genda Item SUBJECT: LOTS 18 & 18A, PHASE 2 LAKE WOODS -- PRELIMINARY ACTION BY: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes _x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 7-20-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham -- 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Lots 18 & 18A Phase 2 Lake Woods. BACKGROUND: The property is located in Chapel Hill Township at the corner of Jones Ferry Road (SR 1942) and Lake Court. Lake Court is a public road that has been constructed to State standards. The developer is proposing to create one ( 1 ) additional lot by dividing a 5.02 acre lot. One lot would be 2.48 acres and the other lot would be 2.54 acres. Lake Woods subdivision was approved in 1984 and had a total of 22 lots. All applicable agencies have reviewed and commented on the application. In response to Carrboro' s comments, both lots have been approved by the Health Department for septic tanks and both lots will be served by individual wells. Fire hydrants are not appropriate since there is no water line within 500 feet of the property. At its July 20, 1987 meeting, the Planning Board recommended approval with the following conditions : ( 1 ) Both lots must receive access from Lake Court. (2) Payment- in- lieu of dedicated open space in the amount of $474. 170 RECOMMENDATION : Manager recommends approval per the Planning Board ' s recommendation . PLEASE TYPE OR PRINT ( !NK ONLY) 171 11/S5 A Pi TcAT CN F R S D-VT!T0N APDR A C PANG DDUN 7". DATE: _C--2 7..._F 7 SUBDIVISION NAME: 2.- c7 /4!%z �ayeit' /" L 7 i's. /cf. T /?4 1 / L.DCATIDN: --C, "/y�ry / 9eT lTOiwrf �Pv,r y ��_/ Q�� I►O][ /•A+ 4-e i $�G r' OWNER/DEVELOPER!:. C,' C / dry'{., (rte (.�.. u i...r� r Y��. q �� ADDRESS: ' • , ".x 83 S TELEPHONE NO .: 9 YL -c c C' o.- ore Al,- C r 17 r7 s AGENT/CONTACT: 771 4-. LC c 44' TELEPHONE NO . : 9' z - C C 7-7 /f0 J/..//e. "7"e7.-K- 4,..- d'.4•�.e / MT, // /Vac, Z 7577 A . SUMMARY INFORMATION: Orange County Tax Map l/C-A1 B Lock Lunt (a) Township , C' ..— 1///// Zoning District[a) : _ iee-s f e r i a 7`,: / . ;::7 4 e) ;cv/ft..,G./ Total. Number of Acres: 37 ,cf.c.,•� , -- Phases : Ox-e.... Tata L. Number of Lots: ..„,2_, Average Lot S1 ze: -2. f Minimum Lot Size 2,;=-- Numb er/Typa- of St ructu res.: [ex i sti ng) ' -c (prapoaed) Lineal Feet in Streets : "-5-70 ' Acres in Open Space -2-/3 r-,npc--.•.< Water Supply:_ • bete Pub Li c(abaci fy) Community Inds vi due L Wastewater- Di sposa L:, S'- , /r Pub Li c(apeci fy l __Community Indi vi dust L. Scheel Di stri et:: CA ( ft %/ Fi re Di stri et: _fx)4.77 e:4. .•a-, - ••••,/ General Land Uses- in Area: 11ac_0„"r- car.J (r.,. Critical. Areas: stream/drei nag ewa ye flood prone areas ui.,%it-.'.47 watershed(specify1 __,m,rhi etc ric sites. other(ezp Lain) , 3 . ALL p.la-ts must-. be submitted on sheet no smaller than one inch equals two— hundred feet [114;200 11 and. no Larger than one inch aqua is fifty feet [1 "=501 ) end must contain the following information : • -, Wadi Tinley- nays Z but ldlhg aeebrek lines ' - ti nsme of arsenal f by natation or typical Lot °GIG items �',... :'+' same• of tumor'', engineer sr r;o-': Lulea% Land planner _.,•:•+ -.-''.'..' aalstine sod preposed ease- :mp1eted) ' • . ••'• ltlt•LmJ Preliminary plan sent' laminae., et! litiea. %'•. seals, north- erre"- [berth et ::.••, reeds.. eta.[ •'. too of n.pl estssing. propdseo sea �. ' data liecludieg reelsiee erne] adjoining rights•ef—may 7Z-.,J _ . red tseeapiii. sax sap-black-Lot ' Including distension■ and referanaea .. strains Omen end e y• baaedary described with A : numbers bearings sad di f' ��� � stinting and p - '••, tosaL sarongs of the treat - w:= utilities. including - mod esroegr of loss, Including g �, save. Blunt. '`a and nee/aiding eras ■ithln hyoronta, valves red rastral faray �•� oaesrol Gerona �d �• les- P's.-.-' sainting and proposed outerrs . premised let lines with jincluding slow end graces dlmemeiose typical street aroam+nection■ tgi 'y Los eumeerf ::? : phasi■ Linea aqe I !en ddthl le g tettsdtnq design sod width `" 1�M e1ey At sea foot [1771 Q2,° of treeeleey sod gonyLeart / Pori Zan lie l a 11 gnomons and ,_ '. ester bedlam, stress, flood-. W general curve lists (pun lit L. nay end fldodoins asream. pattera end natation permanent features ouch am :•'f :.• rledleesiag Peat rtdsad x: 'r• beat leio s �• q oanrtsrles. ``//nA dawnlupmen% p !•l .Yr historic lanareres. "--' teeesbtp. serporata rod setre- �3 adjoining tarrltarial planning lot Layout " P 9 nmssa of gdJeining proprrsy Jorlodiotiee Linea Willa owners and aubdlvi•tdns aroma the proa•rty • Location and site of parcels dedicated for public um. or reearvso A-.2 $ aa 1t- oamr Loeatipn sees sits of late of rsscriesed cewelapment petrnslel and ' v h notation an plat reverting game ..L . management clan Indicating f1rmt 1/2 ineh of roneff. f"or ,rorrvioueprorfic*a for eonsrpl of the 172 • OTHER SUBMITTAL REi .UIREMENTS : 1 . Twenty—six (28 ) copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (one copy with tax parcels involved clearly marked] . 3. Where municipal or OWASA serer is not available , a letter from the Orange County Health Department certifying the proposed weatewater system for each Lot. the applicant , hereby certify that the foregoing application is complete and 3ccurete . I understand that a $ 10.D0 fee (subdivisions of 15 Lots or Lass) 3r a X370 .00 fee (subdivisione of 16 lots or more) is due at the time of application . A $5.00 per lot fee is due at the time the final plat is , resented for recordation . re C PPLICA T `'S SIGNA TURF ' OMiNEFI S SIGNATURE z —77 7_ 77 DATE DATE FEES: Amount /4 5— Date Paid ` ��� Receipt I b S t 6 17 LOTS 18 & 18A PHASE 2 LAKE WOODS 11/85 ORANGE COUNTY STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 8-26-86 Reviewed 9-3-86 PRELIMINARY PLAT: Received 5-27-87 Reviewed 6-3-87 REVISED PRELIMINARY PLAT: Received 7-6-87 Reviewed 7-9-87 NCDOT: DATE 5-22-87 CERTIFICATION Mike Mills SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 6-8-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 7-1+-87 Certification Health Dept. OTHER: Recreation Advisory Council 7- 16-87 _(Date ) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro _ 7-10-87 (Date) Hillsborough (Date) Durham _(Date) Other (Date) (Date) PLANNING BOARD: Date 7-20-87 Approval Approval with Conditions X Denial BOARD OF COMMISSIONERS: Date Approval _ Approval with Conditions Denial 17q N . oc CD 7 b 7 �' •r,, a •y N LO e W 8 y I A+ o CD N 411111111111111111111 - a: O• N r or NA ' .4/ . a in . \-..1-:-.: " P�T f'. v - ,. ,,, - .- .... ._ �+ \ /tip - o '• „ . . O oNkii •. . ,....„. ,- o W b: �/ • 3 Qom / . ,. 0 fe _ a f►1Xl• V.',7 t _1 11 f „ W O • H o.r \ ;A.. Sim. y • -- \�p �y-' m 7 \ '9 N o G )J frn 01 z 'f ` 0 Q Z w \`=Q .\J _ J) _ Q - - `= Z sw� J ri J \ ORANGE COUNTY PLANNING DEPARTMENT 3061 REVERE ROAD 176 HILLSBOROUGH. NORTH CAROLINA 27278 A � MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Lake Woods Phase 2 ( Lots 18 & 18A) DATE: June 15 , 1987 This subdivision meets the Ordinance requirements by using large lots ( 2.6 acres each ) , limited additional impervious surfaces on each lot ( no new roads are involved) , and retaining a buffer of vegetation around the perimeter of each lot to filter and absorb runoff . )210)446a0111644 • . 1 ., N `E 17C =rf4 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN GOVERNOR May 22, 1987 DIVISION OF HIGHWAYS AMES E. HARRlNGTON SECRETARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR L Orange County /LC- ��s /0 f /f Mr. Marvin Collins Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Subject: Lakewoods Subdivision Off SR 1942; Jones Perry Road Dear Mr. Collins: This is to advise that Lake Court Drive in the above subdivision has been constructed to our minimum standards. This letter applies only to the initial construction and should not be construed as our acceptance for maintenance. Yours very truly, • • M. Mills DISTRICT ENGINEER JMM/JSH:jbh cc: Mr. Jerry-McCullock An Equal Oppsrlunicy.'Affirmative Action Employer r-•,. , Ct. Orange County Recreation and Parks Department N C North Hillsborough,300 West Tryon Street • Hillsbh, Nh Carolina 27278 ' �^J T Life + gr .PF LLLG•Be in 14. Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, Planning Department FROM: Mary Anne Black DATE: July 16, 1987 RE: Courtesy Review -- Lake Woods Subdivision, Lots 18 & 18A, Phase 2 Upon review of the preliminary plan for the Lake Woods Subdivision, I would recommend payment-in-lieu of dedication in that I do not see that either a greenway or park site is identified (on the JPA Strategy map) for the subject property. If I am incorrect, please contact me. Thank you for the opportunity to provide these staff comments. I will present my recommendations to the Orange County Recreation and Parks Advisory Council at their August meeting and will forward to you any changes/additional comments they may have. MAB/pbl CC: Lorraine Parker, Chair, Recreation & Parks Advisory Council Telephones: 919 732-8181 - 919 967-9251 • 919 688-7331 - 919 227-2031 *. 17 e ; :,, i •rte.• • July 14, 1987 Eddie Kirk Orange County Planning 306 F Revere Road Hillsborough, NC 27278 RE: Lake Woods - Lots 18 & 18A Courtesy Review Dear Mr. Kirk: If located within the Town of Carrboro's planning jurisdiction, this area would be zoned R-80. This subdivision would meet dimension and setback requirements for that zoning district. Approved perc tests from the Health Department would be required prior to approval of the subdivision. Fire hydrants would be required within 500 of any new building and would be required on any construction plans. Water supply for these lots should also be indicated. If you need any additional information, please call . Sin -rely, ` y Pa 40-r Development Coordinator AMP:sgm MMacg� 8 17� ( See attached memo regarding Private Road Evaluation on pages of these minutes ) . Best expressed the concern with the roads being private rather than being constructed to state standards. Ann Joyner, one of the developers of the project, stated that the density would never be high enough for the roads to be accepted by NCDOT according to the Restrictive Covenants. There must be at least 4 houses on the road and two houses per . 1 mile. Ms. Joyner noted that due to the lot sizes, these densities would never be met. Ms. Joyner noted that the Road Maintenance Agreement did state that Lee Street will be maintained by those lot owners to state standards. MOTION : Lewis moved approval according to Staff recommendations. Seconded by Taylor. VOTE: 7 in favor . 1 opposed ( Pilkey - felt the developer should have a public road rather than private road ) . 1 abstained (Yuhasz - due to professional conflict of interest) . Lewis expressed concern that the public charge requesting that the citizens conduct themselves in a courteous, respectful manner should also apply to the Board in that they conduct themselves in a courteous, respectful manner to the public. He continued expressing the thought that unnecessary hostility was present. ww4 d. Lots 18 and 18A - Phase 2 Lake Woods - Preliminary (Chapel Hill Township) Presentation by Kirk. This agenda item is for the consideration of the Preliminary Plan for Lots 18 & 18A Phase 2 Lake Woods. The property is located in Chapel Hill Township at the corner of Jones Ferry Road ( SR 1942) and Lake Court. Lake Court is a public road that has been constructed to State standards. The developer is proposing to create one ( 1 ) additional lot by dividing a 5 .02 acre lot. One lot would be 2 . 48 acres and the other lot would be 2. 54 acres. D3A 1 ET 8U Lake Woods subdivision was approved in 1984 and had a total of 22 lots. All applicable agencies have reviewed and commented on the application . In response to Carrboro' s comments, both lots have been approved by the Health Department for septic tanks and both lots will be served by individual wells. Fire hydrants are not appropriate since there is no water line within 500 feet of the property. The Planning Staff recommends approval with the following conditions : - Both lots must receive access from Lake Court. - Payment- in- lieu of dedicated open space in the amount of $474. MOTION: Yuhasz moved approval . Seconded by Swann. VOTE: 8 in favor. (Best out of the room during this vote) . e. Sally Feather - Preliminary (Eno Township) Presentation by Kirk. This agenda item is for the consideration of the Preliminary Plan for Sally Feather. The property is located in Eno Township on Lawrence Road ( SR 1709 ) . One lot 3.23 acres in size is proposed to be divided out of a 40 . 93 acre tract. The lot will have State road frontage. It is zoned Rural Residential (R-1 ) and designated Rural Residential in the Land use Plan . All applicable agencies have reviewed and approved the application. The Planning Staff recommends approval . MOTION: Lewis moved approval . Seconded by Yuhasz. VOTE : Unanimous. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 181 ACTION AGENDA ITEM ABSTRACT Meeting Date Augy,st 18, 1987 Action nda Item SUBJECT: SALLY FEATHER - PRELIMINARY ACTION BY: September 23, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes _` No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 7-20-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Sally Feather. BACKGROUND: The property is located in Eno Township on Lawrence Road (SR 1709) . One lot 3.23 acres in size is proposed to be divided out of a 40.93 acre tract. The lot will have State road frontage. It is zoned Rural Residential (R-1 ) and designated Rural Residential in the Land use Plan. All applicable agencies have reviewed and commented on the application. At its July 20, 1987 meeting, the Planning Board recommended approval of the Preliminary Plan. RECOMMENDATION: Manager recommends approval per the Planning Board 's recommendation. LZA z. 1 !rZ. UK rK1rvt III* c ONL' ) 11/B5 /8r 182 AP01.r.CA770N FOR SUBD:Vtr:DN ApinRevAL ORANGE 4JUN 7`! DATE: 6/8/87 SUBDIVISION NAME: Sara R. Feather LOCATION: SR41709 - Lawrence Road north of old NC #10 OWNER/DEVELOPER.:. Sara Louise Rhine Feather ADDRESS: 1303 Dollar Ave TELEPHONE ND . : 688-1123 Durham.NC 27701 after 7/7/ after 7/7/87:165 Madison riace,Ridgewood.NJ 07450 201*44? •0566 AGENT/CONTACT: TELEPHONE NO . : 732-6229 Robert E. Rhine.Hiils-borougri A . SUMMARY INFORMATION : Orange County Tax Map 21 Black Lot (e) Township Eno Zoning District[s]: Rl Total Number of Acres : 3.23 Phases : Total Number of Lots: one Average Lot Size : 3-.zJ Minimum Lot Size 12 Number/Typa of Structures.: (sxisr ing) none _ (proposed) none Lineal Feet in Streets : •4nD.n6 Acres in Open Space 3.23 Meter Supply: • Pub lic(apecify) Contour:ity x Ind ivi due L Wastewater Di sposa L: Pub 1 c( lip eci f y) Ccmmun i ty •__Inds vi due l Schoa l District: 0range Fire District : Eno • General Land Uses in Area : _Rural wooded land Critical. Areas: np=estreem/dre.inageways nonTLpod, prone are • wetershed(epecify) `historic sites. otber-(explain), S. All plats must be an sheet no smaller then one inch equals two- hundred feet (Z °sr2DO ) and no Larger then one inch equals fifty feet (l "wSC ' ) end.. must contain the following information : 7 ssrdititsion ease �Z• Awl Ldipq setsaek lines �' seem sf awwsrls) by eats:lee er typteal let Eck Items ..._ '`••• ■ws+m• df serweymr. earl Mier sr Layras :mpl eted) L/ Load pl /7. [title) Prelisinsry plain '! . s to to and proeoti r,es, saw Le. Perth arras Marrta sr - rases lartierpa. osi 11s1aa. V tap of mss) w�� roams.. ails.) f mesa tinairdla rmrlrlaa erssaJV rxlstisy' preawrd end .43:. ' q ti: rdJoieing rlpnsai-pftisy tamanalp. sax rap■a leak-lee 1lie/salp reformisms �` g dlrepwiapr and `' baawaary sesaribad wise straws acres sad amass road Yee dreHapw ape dl wtspres r sal Stain /Grp .+-%� sal Sting and p -le .'^ • setel *ere..., •f the treat ot1titles. ::' wall caries• of lwta.. i sa lydt■ -rte' lad Wall mg raid .• !„r. slum. s. cm aq errs within eyermatr. warms. era 2:Sir6 n*wsw■wfy • rrssrol en peer- •{Y annee lea. ' es,sties m sod prepesed au/wept . �' •••• Rroissed Lws times NfA �/ lwptrdlwq •1 sae awe (- •:z•: 'irwpalwe: • f'� greases las arrserw typical street Dress•-seetiems 7 .• parrtaq limas r sad istarerories eetslLa• Taney Imploding assign sad el%ILA gr'eefy It tea feet (103 df trseeLws %r• , Inter,*Ls e� y l;n ■ArrLdand /1/77- :- ,: water beet se. stress. n;-•-•:,:•- • psHraLel slitaeaps and flood- �� °' way wet flameetaina psasrrl esrwe tlets ipso Ile : Pascal • /r- ax-• *traas. %offer. sad flotation ilia- • p rssarnt eeeee Pea wen as - .• .iwtl/earl log a tansial bulldisga. temetrriea. /1/A leas Aiseat al steels leneaersn. •;'z.' p• awrperote end eatrr- • territerlal p1ostein plies.. w9 let layout jorlmtllssleai Lines *elan • nurse of adjoining property •w erorai tea prapsrs Dramas mad awaplrir7eaa aide sits Of prrvrli dadldstrd for pseud par or rrsrrrrd ��� is abwraa /ZL' laarslor and else Of Leta. of ?silty-Inure dowel t 2 nesaslon on plat revere 1ng sera p Irl and ?' atm reenter sent a'seat f1rsr 1/2 ire* 9 .••-Fplan_'tediertinq provision for centre a :nr THE? SUBMITTAL REDUIREMENTS : . Twenty-six [25 ) copies of the preliminary pla: :. Two full size capi es o f an Orange County Tax map (one copy with tax parcel: involved clearly marked) . • Where municipal or OWASA sewer is not avai lab la , a Letter from the Orange County Ilea lth Department certifying -the proposed wastewater system, for each lot . he app Li want , hereby certi fy that , the foregoing app Li cation.- i s comp late and rata : I understand that a 3210.00 fee [subdivisions of 15 Lots or Less) x3713.00 fee (subdivisions of 16 Lots--or morel is 'due at the time of icatian . A MAO per Lot fee is due at the time the fins L p let is anted far recordation . CANT TS SIGNATURE OWNER 'S SIGNATURE DATE • • • /4184/2 FEES: Amount //D, Date Paid (-447 Race i pt /32t7C r 184 SALLY FEATHER 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PREL I M I LBRY fl AT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 4-22-87 Reviewed 4-29-87 PRELIMINARY PLAT: Received 6-8-87 Reviewed 6-10-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 6-16-87 CERTIFICATION Mike Mi 11 s SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 6-12-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 4-8-87 Certification Health Department OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel HiII (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other -(Date) (Date) PLANNING BOARD: Date 7-20-87 Approval X Approval with Conditions Denial BOARD OF COMMISSIONERS : Date Approval Approval with Conditions Denial ••-..., ' I SALLY 1EAT-E '�=F„��' ' I `� 18 4V ....... 1 I APPLI CANT: 5ALL`{ FE.p,-n-{ER RURAL � ES1DE �T1AL� i �ovi �lC� :� = = I L L\ P �ESINATIO .�� RURAL R.E5• -... ..._ � � I ,\ -1 e / --........... •••••,_ -...... :4'4 A, 40/1/--- 4-1 9•2 4093 AC- A4 1 , ,1 -F- `, - I 1 1 08 R._ , ■ � .-- 1/7. , .. ....."_. , //4 4 ..zr7 // _.>. FU `L�//�� d AAA �4 . -t, iii/ ;7.- . ... •'•fir jl, - . X.: 242642 J4 Cit4 MATCH _ \--ONE N . � TL-'1 ^• �� - . J AM ES B PEDDY SIMMONS 43- f r \ / o / _ .WAYSIDE BAPT 1ST -CHU RCH,' 41- - •/ S f _-_ - -, BEECHWDOD.BEND , - _t 40-I . _ T}. .� ROB- , • - - . .�. -;--EUGBIE # TA•. ,r- - -'41-23D ' ..= - 1: T " C 3' 1 _ :r _ _... �g73 = - , `" - 1 AXPlRPQS ES,<ON ,- ,, + , :�. L '� AND -ACRES --- r . �' -'y;pB 3:.t� _ : :. .` •^ __Y *!... - 3 E-4 ±F O R DDNVEyANCE ENO -ACRES.' ' - -e 7-• P/B?3 ;;I .#I 7 eisTES < • i PIS --11.•-•-• r,87�NKHEAD `FOREST• - --* -f..�'-�:w� ` Pf •a.4-Z7.�I _ �_ XEMPAr "...• Ri CAli�:AjR 9t1RVEYS, INC:- • w-H..$.{H. Dolt E NCE:-.. . .- <...... -18 i T;s- 4 �90T::PENN-AVE. :-�: S 4 - 18� ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 6 MEMORANDUM TO: Eddie Kirk , Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Subdivision for Sara ( Sally) L . Rhine Feather DATE: June 15 , 1987 This subdivision meets the Ordinance requirements by using large lots, limited additional impervious surfaces on each lot, and retaining a buffer of vegetation around the perim- eter of each lot to filter and absorb runoff . Erliath-&-164. a r c~d, x r , S�-� - 18 \--.,k-1 ' STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN June 16, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 Subject: Sally Feather Property Preliminary Plan Off SR. 1709 Dear Mr. Kirk: This is to advise the sight distance at the subject location is adequate, therefore, no safety problems are foreseen. If there are any questions, please advise. Yours very truly, • . M. Mills DISTRICT ENGINEER. 3MM/SPI:jbh An Equal Opportunity/Affirmative Action Employer 18b 9 Lake Woods subdivision was approved in 1984 and 13G1t1Fif had a total of 22 lots. All applicable agencies have reviewed and commented on the application . In response to Carrboro's comments, both lots have been approved by the Health Department for septic tanks and both lots will be served by individual wells. Fire hydrants are not appropriate since there is no water line within 500 feet of the property. The Planning Staff recommends approval with the following conditions : - Both lots must receive access from Lake Court. - Payment- in- Iieu of dedicated open space in the amount of $474. MOTION : Yuhasz moved approval . Seconded by Swann. VOTE: 8 in favor. (Best out of the room during this vote) . e. Sally Feather - Preliminary ( Eno Township) Presentation by Kirk. This agenda item is for the consideration of the Preliminary Plan for Sally Feather. The property is located in Eno Township on Lawrence Road ( SR 1709 ) . One lot 3.23 acres in size is proposed to be divided out of a 40. 93 acre tract. The lot will have State road frontage. It is zoned Rural Residential (R-1 ) and designated Rural Residential in the Land use Plan. All applicable agencies have reviewed and . approved the application . The Planning Staff recommends approval . MOTION: Lewis moved approval . Seconded by Yuhasz. VOTE : Unanimous. l Pi .1111111111111111111111111111111111111.1....--, 185 RANGE C O U N T Y O BOARD OF COMMISSIONERS ITEM ABSTRA T ends ACTION AGENDA 18 Action Meeting Date Au ust Item # SUBJECT: DURHAM-HILLSBOROUGH WATER LINE AGREEMENT Yes N° PUBLIC HEARING � PLANNING Marvin Collins DEPARTMENT: p 'N INFORMATION CONTACT: ATTACHMENT(S) : TTACHMENT(S) 7/8/87 Planning Director Memo Board Minutes 7/14/87 Planning reement Information Sheet 7/27/87 Bon R e TELEPHONE NUMBERS 8181 8 18/87 Bond Referendum Inform / - 732 Hillsborough 688-7331 Durham - 227-2031 Chapel Hill - 968-4501 Chap water line agreement between the a proposed water line ag e City o ratrh of the Town of h have adopted City of Durham and of Hillsborough a PURPOSE: the Town ented, would pose if imi lem Land Use a water City line Durham me t which,h a Orange County water line threat water line agreemen U.S. BACKGROUND: integrity construction of a along to the extending made provides for the threat of 12 and 16-inch sections could on The agreement p future connections comprised and, to which, extensions �- Highway 70, Plan permits such However Land Use Areas.The Orange County nd 20-Year Transition l Residential r 10 designated proposed water designated land area the p nesidents� the north and south of the pns os Such considerable for particularly water a situated are intended ens°d• development areas urban services► ear t1cul r P develop not expected within the 20-Y plann� sewer, the orange County nd vol 1987 meeting, the agreement and Board Board its July 14 , the proposed e $nand consido recommend the unanimously to City of Durham and Commissioners: contact the of County the purpose That Orange for the provide se ) 1. of Hillsborough he agreement to the water Town to ag emitted design the revisions will be permitted as that no connections Transition except in 10 on the Orange County Land Use Plan or in emergency 4 9 situations for properties located outside such Transition Areas. Z . That Orange County contact the City of Durham for the purpose of seeking revisions to its Urban Growth Boundary which are consistent tinge County Land UsedPlan.ear Transition Areas of th contact the City of Durham and the 3 . That Orange County Town of Hillsborough for the purpose of seeking revisions to Section 11 °fnsmissioneofnwaterycfromeathe define the limits of tra of Durham, and that Town of Hillsborough to the City on the limits for such limits be based in P withdrawals from the Eno River. the agreement If revisions to the ag nt cannot be secured,approval and implementation of Planning Board recommended apP to water/sewer extensions its proposed policies pertaining outside of approved service areas. The policies include: e County immediately establish as a matter of policy y that it will not approve any development project policy to be supplied with water and/or sewer unless located into the in a water/sewer service district ordinances�dfollowing Land Use Plan and appropriate public hearing and citizen comment. except in emergency situations, Orange County neither fund nor shpt 2 , That, support extensions of public or neither private water/sewer the 1Land UsesyPlanSeFurthermore, adopted as part of to where County funds are used, in whole lorshnlpart, to finance extensions of such services, some authority to determine the disposition of utility services provided. On July 21, 1987 , the Chair of the Commissioners, the Orange County Planning Board Chair, and the Mayors Hillsborough and Durham met to discuss Orange County' s be present concurred that the agreement UseuPlaneprovisionsoand consistent with Orange County ordinances governing withdrawals from the Eno River. On July 27 , 1987 , the Durham City Council approved a revised agreement which addressed the thatethe Cityt"wild allow new revised agreement indica tes development only in conformance with the adopted Landis use plan of Orange County" . There is not a which indicates that the Town ermitting°rconn connections honor the County' s land use plan in p water line. of The revised agreement also states tiatligtheofTown own ts Hillsborough will furnish treated��"capacity" has been defined to capacity and needs. The term cap • 19 mean "the capacity of the Town to supply water from the Eno River in the light of any applicable [withdrawal] restrictions in effect at the time of the City's request" . The Hillsborough Town Board approved the proposed agreement on August 10, 1987 with no recognition of the County' s land use plan provisions. An "information" sheet" regarding the August 18 bond referenduoiicalso tregard to connections in Hillsborough has set no policy with its proposed service area. RECOMMENDATION: The Manager recommends approval of the Planning Board recommendation. ORANGE COUNTY PLANNING DEPARTMENT 3(16F REVERE ROAD Lr 192 HILLSBOROUGH. NORTH CAROLINA 27278 `v 7_ . O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8707-1811 TO: Albert Kittrell , Act\1n unty Manager FROM: Marvin E. Collins Planning Director SUBJECT: Durham-Hillsborough Water Line Agreement Proposed Orange County Water/Sewer Policy DATE: July 8, 1987 COPIES : Barry Jacobs, Planning Board Chair Geoffrey Gledhill , County Attorney Gordon Baker, Finance Director Gene Bell , Planner III ( Comprehensive) Brad Torgan, Planner II ( Comprehensive) Recently, you inquired about the status of the proposed Durham-Hillsborough water line agreement. I indicated that I would provide you with information regarding that issue as well as the proposed water/sewer policy since the two elements were inter-related. Provided below Is background information and comments regarding the water line agreement as requested by Ken Thompson . The Planning Board will meet on July 14, 1987 and prepare a recommendation regarding the agreement for the Commissioners August 3 agenda. BACKGRQS)ND On June 2, 1987, Ken Thompson requested Planning Staff review and comment on the attached Durham-Hillsborough water line agreement. Missing was a map denoting the service area boundary referenced in the agreement. Barry Jacobs, the Planning Board Chair, provided me with a copy of same on June 19, and, on June 23, the City of Durham Engineering Department notified me of the pending agreement and the service area boundary. On June 20, 1987, the Orange County Planning Board approved a proposed water/sewer policy. I had proposed placing the policy on the Commissioners July 6 agenda. However, Ken instructed me to send copies of the proposal to all utility INTEROFFICE MEMORANDUM: 8707-1 81 1 lag:: Durham-Hillsborough Water Line Agreement July 8, 1987 Page 2 providers and school boards for review and comment. Concurrent with the comment period, Ken asked that I meet with Gordon Baker and Geoffrey Gledhill to prepare the financial aspects of the water/sewer policy. Following receipt of the responses, the item was to be placed on the August 18 Commissioners agenda as a report item. A decision regarding the policy could be made at a subsequent meeting . WATER LINE AGREEMENT Ken identified those features of the agreement worthy of noting in his 6/2/87 memorandum. Of primary importance, however, is the service area issue . When the Board of Commissioners adopted the Land Use Plan in 1981 , goals and objectives were approved which addressed the question of service areas. Applicable goals are as follows : 9. 1 Develop and implement a cooperative joint planning process among the County municipalities and those organizations responsible for water and sewer lines to ' guide the extension of lines in accordance with the land use plans and policies of the affected jurisdictions. 9.2 Establish Urban Service Areas for Chapel Hill , Carrboro, Hillsborough, Mebane and Durham which will correspond with the 10-year and 20-year Transition Areas. Water and sewer lines should be directed to those areas which contain and are appropriate for higher density levels of residential , commercial and industrial development. The Planning Board sought to strengthen these goals by including, as part of its proposed water/sewer policy, the following recommendations : 1 . That Orange County immediately establish as a matter of policy that it will not approve any development project to be supplied with water and/or sewer unless located in a water/sewer service district incorporated Into the Land Use Plan and appropriate ordinances, following public hearing and citizen comment. 2. That, except in emergency situations, Orange County neither fund nor support extensions of public or private water/sewer services outside service areas adopted as part of the Land Use Plan. Furthermore, where County funds are used, in whole or in part, to finance extensions of such services, it shall retain some authority to determine the disposition of utility services provided. In the Durham-Hillsborough Water Agreement, numerous INTEROFFICE MEMORANDUM: 8707-1811 Durham-Hillsborough Minter Line Agreement 194 July 8, 1987 Page 3 references are made to a service area and boundary line for water and/or sewer. (see Sections 1 , 2 and 3 . ) The service area boundary is depicted on maps provided as part of the agreement as well as with the 6/ 18/87 notification letter received from the Durham Engineering Department. It appears that the line follows the proposed 100-year service area boundary being contemplated by Hillsborough as part of its water/sewer services plan . I have denoted on a portion of the Land Use Plan the location of the service area boundary and the Durham Growth Area Boundary adopted as part of its 2005 Comprehensive Plan. As i understand the agreement, both Durham and Hillsborough would be permitted to make extensions from the inter connecting line. Such extensions would be permissible under the Orange County Land Use Plan within defined 10 and 20-year Transition Areas. However, there are vast areas to the north and south of the proposed water line which are designated Rural Residential . In such areas, low-density residential development is anticipated and urban services, including water and sewer, are not expected within the twenty year planning period. The extension of water lines from the Durham--Hillsborough inter-connection into areas designated Rural Residential would be a clear departure from the intent of the Land Use Plan. Two other points worth noting include the following : 1 . The cover letter for the agreement clearly states that the Durham-Hillsborough connection would be an exception to the Urban Growth Policy of the Durham 2005 Comprehensive Plan. However, Section 3. j. of the agreement states that connections east of the service area shall be in accordance with the Urban Growth Policy. Excerpts from the Durham 2005 Comprehensive Plan have been provided which identify the policy. The Urban Growth Area (UGA) is that land which can be expected to develop an urban character over the next 20 to 30 years. The policy relating to the UGA and development prohibits extension of water and sewer service to property outside the UGA. A basic question is - If Durham will approve a connecting water line to Hillsborough as an exception to its Urban Growth Policy, will they make other exceptions for connections to the line? 2. Section 11 of the agreement states that Hilisborough > upon written request by Durham, shall furnish whatever amount of water it determines it is capable of providing INTEROFFICE HE iORANDUp': 6707-1611 19i Durham-Hillsborough hater Line Agreement July 6, 1967 Page 4 in light of its own capacity and needs . Section 4 states that the maximum amount of water to be supplied by Hillsborough to Durham shall be 1 . 0 million gallons per day subject to the limitations of Section 11 . As Ken Thompson has noted in his 6/2/67 memorandum, constraints on the ability of Hillsborough to provide the water to Durham are not identified . In particular, County ordinances limit withdrawals from the Eno River at Hillsborough . G Based on my evaluation of the agreement, I recommend the following : 1 . That Orange County contact the City of Durham and the Town of Hillsborough for the purpose of seeking revisions to the agreement which provide assurances that no connections will be permitted to the water line except in 10 and 20-year Transition Areas as designated on the Orange County Land Use Plan or in emergency situations for properties located outside such Transition Areas. 2. That Orange County contact the City of Durham for the purpose of seeking revisions to its Urban Growth Boundary which are consistent with the 10 and 20-year Transition Areas of the Orange County Land Use Plan. 3 . That Orange County contact the City of Durham and the Town of Hillsborough for the purpose of seeking revisions to Section 11 of the agreement which clearly define the limits of transmission of water from the Town of Hillsborough to the City of Durham, and that such limits be based in part on the limits for withdrawals from the Eno River. If revisions to the agreement cannot be secured, I recommend that the Board of Commissioners adopt the Planning Board ' s recommended policies pertaining to water/sewer extensions outside of approved service areas. The Planning Board will consider this matter at its July 14, 1957 meeting. Its recommendations will be forwarded to you promptly. If you have questions, please advise. 19C O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8706-505 TO: Planning Director FROM: County Manager SUBJECT: Proposed Hillsborough-Durham Agreement for the Sale of Water DATE: June 2 , 1987 Staff review is necessary. I an particularly interested in your identifying any provisions which should be dealt with prior to Hillsborough seeking adoption. I call your atten- tion to features which depart from a mere water transmission agreement: 1. The cover letter which anticipates cost recovery from assessments for connection within a service area. 2. Section 1 establishing service area boundary for sewer as well as water. 3 . Section 3 states without permission of the town. What about permission of the County and in confor- mance with the County land use plan? 4 . Section 3 (i and j) basis for charges and who approves. 5. Section 11 does not qualify the fact that Hills- borough also has constraints such as following the County ordinance limits on withdrawals from the Eno River at Hillsborough. I will want to discuss with the Town Manager once I have your thoughts. We will then decide when to begin the process of further County review. • xenne`4h R. Thompson KRT/srs Enclosures mem uJ hater Resourcn W/ TO: Orville W. Powell THROUGH: Cecil A. Brown FROM: A. T. Rolan SUBJECT: Agreement for the Sale of Water between the Town of Hillsborough and the City of Durham DATE: May 5, 1987 The Town of Hillsborough has requested that we allow an interconnection between the Durham and Hillsborough water systems. The attached agreement has been negotiated by the Durham and Hillsborough staff for a maximum of 2 MGD to Hills- borough and a maximum of 1 MGD to Durham when either community has a need for and has excess water available. • The agreement includes a service area boundary line which is consistent with the City' s long range plans for utility service. All cost for construction of the line between the two systems will be born by Hillsborough with the portion of those costs over a ten potential - for- recovery �f a fo r.� connect.l0ns�.toY year period f tom. assessments the rportion of- the:41ne ,,in • Durham' s -serv4ce area. It should also be pointed out that in granting this request for interconnection, the CIty, Council will be making an exception ::to the- Urban - Growth ;Pol 1 cy • as it relates to the extension• of.! water - lines -outside- the Urban Growth Boundary. Urban Growth Policy does not currently ofe water lines outside the Urban Growth Boundary to h extension tootherunits of local governments. In the spirit of regional cooperation for the interconnection of water systems and recognizing the cost of bulk service to another local government; the agreement allows a bulk discount for both governments for the water purchased under this agreement. We feel that this agreement will set a good precedent for regional cooperation and interconnection of water systems and can be used as a model for future agreements. _ We therefore, recommend that the City Council authorize the City Manager to enter into this agreement with the Town of Hillsborough. ATR/cgb Attachments cc: Water & Sewer T k Force Members • ' r. minas .� Mr. Thomas L. Bailey 19t AGREEMENT FOR THE SALE OF WATER BETWEEN THE TOWN OF HILLSBOROUGH AND THE CITY OF DURHAM NORTH CAROLINA ORANGE COUNTY DURHAM COUNTY This AGREEMENT, made and entered into in duplicate originals this the day of 19 , by and between the TOWN OF HILLSBOROUGH, hereinafter referred to TOWN, party of the first part; and the CITY OF DURHAM, hereinafter referred to as CITY, party of the second part; WITNESSETH That WHEREAS, the TOWN owns and operates a water supply, filtration and distribution system serving customers in its service area in Hillsborough and surrounding areas in Orange County; and WHEREAS, the CITY owns and operates a water supply, filtration and distribution system serving customers in its service area in the City of Durham and outlying areas ; and WHEREAS, during periods of dry weather, the TOWN has experienced a shortage in the public water supply available for distribution to and use by the people it serves; and WHEREAS, the TOWN desires to obtain additional water supply to meet the needs of its customers; and WHEREAS, the CITY in the future may have a need for water y ate r fro m m the TOWN to serve certain areas within the CITY ' s service area when a failure in the CITY ' s water supply, distribution or treat- ment system creates an emergency for the CITY. NOW, THEREFORE, in consideration of One Dollar ( S1. 00) and the benefits and detriments moving between the parties, and especially in consideration of making a cooperative effort to alleviate water shortages, the CITY and the TOWN, for themselves, their successors and assigns, do mutually agree as follows : 1. A water and sanitary_ sewer-_ serv.ice area:boundary line is hereby established as -described in Attachment A and shown on Attachment B. It is understood and agreed that the area located westotittheoboundary line shall receive water and sanitary sewer service om the:�TOWN and the area located east: of-the..boundary line shall receive water and sanitary sewer service from the. CITY. 2. Either-party may-: extend: water .and/or..sanitary. sewer l roes or facilities in-theother= partyis servicearea to the extent such action is necessary and reasonable provided that sixty (60) days prior written notice shall be given and said-!facilities-- shall- not bey used-.to .serve--any customers ) orated:with i n the-.other.::party' s service.erea. 3. The TOWN shall extend s water main:t-1n--U-_S. #70`.from:thez end ofl-the-CITY's-existing-main-'-which-Is_ approximatelrone-half_- mile west -of- the'"i ntersecti on. of::Rte::.751'..and 'U.S.-- 70 to.the aforementioned-service:area - boundary.-line. This line construction is hereinafter referred to as "the Project". The water main shall be sixteen (16" ) inch - ductile iron water pipe • • 2oc from the end of the CITY' s existing water main to Linden Road and shall be twelve (12") inch ductile iron water pipe from Linden Road to the service area boundary line. The construction of this water main shall be in accordance with the following conditions: a. The TOWN shall engage a registered professional engineer 9 r to prepare plans and specifications for the construction of the water main improvements. b. Unless otherwise provided in this Contract, all construction shall be in accordance with City policy, standards and specifications. All work shall be subject to inspection b the CITY, at the City ' s expense. Inspection p vn shall be by provided according to City policy. The TOWN engineer shall provide construction stakeout and supervision. c. All construction shall be performed by a contractor licensed to perform this type of work in the State of North Carolina. The contractor must be approved by the CITY before a Contract is entered into between the TOWN and the contractor. d. Before starting construction, the TOWN shall secure approval of the construction plans by the CITY, The North Carolina Department of Transportation, and the North Carolina Department of Human Resources. - e. The -TOWN shall furnish the CITY original tracings of the as—built plans when the work is complete. f. Unless a plat showing dedication to the public of street right—of—way and the water easements required to serve the Project is already recorded in the Orange County Registry or unless existing public streets are officially maintained by 201 NCDOT, the TOWN shall see to such recording before the CITY shall assume maintenance of any water facilities constructed pursuant to this Contract. Once such a plat has been recorded in a form acceptable to the CITY and construction of the water facilities has been properly completed, the CITY shall assume ownership and maintenance, at the City ' s expense, of those facilities. If defects in workmanship or materials are discovered within one year of the date of acceptance, in work done pursuant to this Contract by or for the TOWN, the TOWN shall see that such defects are promptly corrected at the TOWN ' s expense. g. The TOWN-=shat l bear 'the=total"=cost`-of--all `construction within the Project. Unless otherwise explicitly and specifically stated, the TOWN shall bear the costs and expenses of all the obligations and duties created by this Contract. h. The CITY. may make' extensions from any of the water lines covered in this Contract ( i . e. , lines located east of the service area_boundary-1ine) : without permission of the TOWN. I . Charges" will: be "made according to CITY policy -for water connections-.to-the,water•=lines:Tinstalled pursuant to this Contract on the east side of the service area boundary line. j . The TOWN:sha1l- be• entitled-.;to�refunds=ford.water connectlons'Z made°byZadjacentyproperty ror+ners�.tot-the water main'-to be constructed pursuant to this agreement. These refunds shall be made for.=a_period of :ten -(10)r-years f,af to r the completion of the water mains. Charges made after ten (10) years have expired for connection to the water mains will not be refunded to the TOWN. These refunds shall be in an amount equal to the CITY' s prevailing frontage charge rate at .the time of construction or 20 half the average cost to the TOWN per linear foot of pipeline installed, whichever is less, multiplied by the frontage of the property being served. Connections to the line east of the service area boundary line shall be in accordance with the CITY OF DURHAM Urban Growth Policy. k. The TOWN extending the water facilities pursuant to this Contract shall furnish information as to the actual cost of construction to the CITY after notice of acceptance of the facilities by the CITY. Failure to provide this information will result in forfeiture of all rights to refunds which would have been received according to other provisions of the this Contract. 1 . The CITY has adopted a schedule of "Capital Facility Fees", also called "Impact Fees" ,to be paid to the CITY for the p ri vi 1 ege of connecting to they CITY ' s=water.- system. Nothing in the Contract shall be construed to change anyone' s obligations to pay these fees. m. Neither_-the-CITY nor the TOWN will - be responsible...for the quantity, or:° pressure .of- rater serving the Project. n. The CITY may require any testing it deems appropriate to determine that the work complies with CITY standards and specifications. All such testing shall be at the TOWN ' s expense. o. The words "line" and "lines" shall include "main" or "mains" unless the context otherwise requires. 4 . The maximum amount . of.. water to be supplied to the TOWN by the CITY through the subject water main shall be r2.:O: million_ gallonsr peerday. subject:•to:,the l imitations = contained in paragraph 6 unless the • CITY--shall determine that a greater amount of water can ' be supplied. The maximum amount of water to be supplied by 2O the TOWN to the CITY through the subject water main shall be 1. 0 million gallons per day subject to the limitations contained in paragraph 11 unless the TOWN shall determine that a greater amount of water can be supplied. S. Upon written request from the TOWN, and upon determination by the City that it has adequate water supply capacity from its own resources, the CITY will deliver to the TOWN a quantity of treated water to be determined by the CITY under paragraph (6) below of a quality similar to that provided to other customers of the CITY. Such water will be delivered . to the TOWN at the proposed..--or- mutually agreed upon future points of.- interconnection of the water system of the TOWN with the water system of the CITY, and the quantity shall - be metered: at such points. 6. The quantity of.-water the CITY will furnish shall be determined,.by the CITY in light of the following :factors:: A) the .amount •.off-:raw •water available- from the CITY ' S own water supply; B) the CITY'. -water demand ; C) the CITY' s water filtration capacity.; and, 0) the limitations -of -the CITY ' s water d4stribution •facilities. 7. The CITY shall authorize its Plant Superintendent or some other person as the City Manager may designate to administer requests for water on a day to day basis, and the CITY agrees to notify the TOWN as to what person or persons have been so designated. The TOWN shall authorize its Plant Superintendent or some other person as the Town Administrator may designate to administer requests for water and the TOWN agrees to notify the CITY as to what person or persons have been so designated. • 204 8 . During any period in which the customers of the City are under water use restrictions and water is being supplied to the TOWN under this Agreement, the TOWN shall impose water use restrictions for its customers at least equal to those imposed by the CITY. 9. The charge for=the -water the CITY provides to the TOWN shall be :7S% of the "Inside City" rate. 10. The CITY shall furnish the TOWN not later than the tenth ( 10th) day of each month, with an itemized statement of the amount of water and charges for such water furnished to the TOWN during ,the preceding month. The TOWN shall pay the CITY, not later than -the thirtieth (30th ) day of each month, for water delivered the previous month. 11. The CITY may also request in writing that the TOWN furnish the CITY treated water of a quality similar to that provided • other customers of the TOWN if-- problems-`.in the-'CITY ' s - water supplyi7distributl on,-= or-- treatment system.creates- a need for water by the CITY. The TOWN- shall :-furnish whatever.= amount- of treated_,water'fit determines• it : 57capable -of furnishing : in"light of-tits own=capacity= andneeds. Such water shall be furnished at-the�-proposed - or=mutual l y. agreed-. upon -futu re_•poi nts :of interconnection! and meteredatTsuchrpoints: The charge for such • water shall be 75.1Vof"-theTCITYls "Inside City"'rate. The TOWN shall furnish the CITY, not later than the tenth (10th) day of • each month, with an itemized statement of the amount of water and charges for such water furnished to the CITY during the preceding month. The CITY shall pay the TOWN not later than the thirtieth (30th) day of the month for water delivered the preceding month. 2O 12( a ) Subject to subsections (b) and (c ) below, this agreement shall extend for ten (10 ) years from date of execution and thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the TOWN and the CITY. This agreement may be amended or terminated by agreement of the parties. It may y also be terminated unilaterally by either y Party if costs of water as provided in Paragraphs 9 and 11 are not paid in accordance with Paragraphs 10 and H. (b ) The provisions of paragraph ( 1 ) shall be binding on the parties for an initial period of 20 years, and may thereafter be renewed or extended by mutual agreement. The provisions of paragraph (1 ) shall survive the earlier termination or expiration of the remainder of this contract. (c) The provisions of subparagraph 3 (j ) shall be binding on the parties for 10 years after the completion of the Pro g shall survive the earlier termination or expiration Project and - P on of the remainder of this contract. 13 . Any litigation arising out of this agreement shall determined in Durham County District or Superior be P or Court. 14. The obligations created by this contract, with the exception of those created in paragraph 1 and paragraph 2, are contingent upon approval by voters of the Town of Hillsborough of a bond issue to finance the project, which approval shall' be sought g t in 1987. • 2O IN TESTIMONY WHEREOF, both the CITY and the TOWN have caused this agreement to be executed by their respective officials and their respective official seals to be affixed by authority of their respective governing bodies, all as of the day and year first above written. 2U'r CITY OF DURHAM City Manager ATTEST: City Clerk TOWN OF HILLSBOROUGH Town Administrator ATTEST: Town Clerk This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. TOWN OF HILLSBROUGH CITY OF DURHAM Finance Officer Finance Officer Date DATE Approved as to form and legality. TOWN OF HILLSBOROUGH Attorney Date • * - —t-"-- . •-........'. ,.:,...7 .-._. . 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I "1.4 v•-• ' . "-/i f ..z. _• - —_ ..e,-.-,.. ---- _ :. _ ".„.. '11:4,-......._-■ .:. . . c? v ....- ... r-' ;r• 17 4,"''- • --Ago . _ ,1, ;...1"r:::'?:::.E.1,:rk.:...:. .. ' -- ,.--:. • .J•ii',.:1 i::: :::',;41:6S."."--' ''''.4.4-::',4- lio, , -,7, I — ----- t 1 ■. ,, ''• ......! ..\-, ; 1 1 1 Pfir Blonds „ (P WO...1.0D FA, :....- - ,..._. Ir.. P5'''•'•`'1) •.•,: *.L . ',•• ,P i - ' --. - ) ". B. 1.7V.-...trE7 ,s,lil;) JORDAA'LAKE' 1 1 ' .., • t! ...... ,..._,-J . i ''-------- --'---- - -- 20b ��°ai°R CITY OF DURHAM V vim' ~��'a NORTH CAROLINA (_2 G 18 69 C DEPARTMENT OF ENGINEERING, y� jt�A 101 CITY MALL PLAZA &. C\�+ .r.�i•� OVRMA M, NORTH CAROLINA 27701 �abry•CAC O Q4, R4ac7b June 18, 1987 CITY OP MEDICINE Mr. Marvin Collins Orange County Planning Director 306 F Revere Road Hillsborough, N. C. 27278 Dear Mr. Collins: For several months now, the City of Durham and the Town of Hillsborough have been discussing an agreement whereby the City of Durham would sell water to the Town of Hillsborough during times of emergencies. In order to do this, it obviously will be necessary to construct a pipeline that will connect the two water systems. As a result, it becomes necessary to identify where along the route of that pipeline ownership changes from the Town of Hillsborough to the City of Durham. Such a point would logically be on a service area boundary line that might be agreed upon by the two utilities. Therefore, a portion of the agreement pertains to the establishment of a service area boundary between our respective utility systems. Neither utility is obligated to immediately provide service up to that boundary line; however, it does represent the maximum ultimate extension of either utility system. It was felt wise that this service area boundary apply to both water and sanitary sewer. The boundary line was delineated, based on the best judgement of engineers representing both utilities regarding where logical and economical engineering considerations suggested that the line be located. Since the City of Durham is also presently discussing service area boundary locations with OWASA and has reached a tentative agreement on the location of that line, it's location was likewise taken into consideration, realizing that at some point in time, the two boundary lines would need to interconnect so as to establish the interface between all three utility systems. . While we are sure there has probably been some discussion between your office and the Town of Hillsborough regarding this matter, the City Council wanted to be certain that your office was aware of the boundary line location. I am therefore enclosing a blow—up of an attachment to the agreeemnt showing the location of the boundary line as well as a copy of the written description of the line and location. AN EQUAL OPPOPTUNITV/AFFIRMGTIVF An-nrih: GM Pl nvGP � t 2 r�. Marvin Collins June 18, 1987 Page 2 Please feel free to contact me if you have any questions about this matter and, in particular, how the location of the line was established. Sincerely, Ahmi A Kenneth E. Wright, PE, RLS City Engineer KEW/lcp-m Enclosure cc: Mr. I. Harding Hughes Town Manager, Hillsborough Mr. Terry Rolan Water Resources - Durham Mr. Paul Norby Assistant City Manager - Durham 211 ATTACHMENT A Service Area Boundary Description Beginning at the southwest corner of the Eno River State Park property, as recorded in Deed Book 271, Page 701 and 702, and also being Parcel 5, Tax Map 18 , Eno Township, Orange County, and running in a southwesterly direction a distance of approximate 11,500 feet to the northwest corner of the Eno River State property, as recorded in Deed Book 244, Page 1069 & 1070, Plat Book 18 , Page 162, Orange County, said point also being on the southern right-of-way line of Highway U.S. 70; thence along the boundary of said Eno River Park property the following courses and distances: south 1° 30 ' W a dis- tance of 859 feet to a point; thence N 87° 0 ' W a distance of 1578 feet to a point; thence N 7° 10 ' E a distance of 58. 8 feet to a point; thence N 80° 15 ' W a distance of 1703 feet to a point; thence S 4° 0 ' w across Highway 1-85 a distance of approximately 1700 feet to a point, a corner of tract 18 of the Duke property; thence in an easterly direction a distance of approximately 617 feet to a stake in the southern right-of-way line of the Southern Power Company; thence in a southeasterly direction along said right-of-way line a distance of approximately 2950 ' to a ridge point located approximately 1700 feet northwest of University Station Road; thence along the ridge line in a southwesterly direction a distance of approximately 1000 feet to the centerline of the Southern Railroad, thence in a southeasterly direction along the centerline of said Southern Railroad a distance of approximately 1550 feet to a point 200 feet west of the western right-of-way of University Station Road, thence running 200 feet west of and parallel to the western right-of-way of University Station Road a distance of approximately 6000± feet to the center line of Southern Railroad, thence along the centerline of said Southern Railroad in a southwesterly direction a distance of approximately 3500 feet to ridge point that is approximately an elevation of 550 feet above sea level, said point being the end of the service area boundary line. 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Excerpt from the Oranoe :ountv !and use plan 21 8.5 A:sist the Cranas County Community 2,evelc men. _lock ar r Program v in concentrating its efforts ant resources .n. :hose areas of -:^.e County occupied by _ow and moderate-in came households ant having the most severe housing and community development needs. 8.7 Support the use of ink.vidua? mobile homes as a useful housing resource in the County by affording these homes the sane loce- :lonal oppertu.nite5 as single-family units meeting the State Building Code. 8.8 Reau _'e that all new housing built or located in Orange County meet the minimum standar^.s specified in the State of North Carolina na B ,j ding Code, as well as Department of Ht.3D and REA standards when required. 8.9 encourage the location of high density housinc within one-half mile of the center of the activity nodes in the Chapel Hill l 10 and 20 Year Transition areas. . 8.10 Discourage medium and higher density residential development in the rural areas of the County. • • C ?»: CMriu-= FACT I._ S AND •SE VIA.S GOAL NNE: 'he provision .of water and sewer lines in those areas which can be Practically and. efficiently served by these facilities. 9.1 Develop and implem nt. a cooperative joint planning process among the County :;.Iricipa_.::ies and those organizations respon- sible for water and sewer lines to guide the extension of lines in aocorddance with the land use plans and policies of the affec- ted jurisdictions. 9.2 Establish Urban Service Areas for Chapel Hill,, Carrbcro, borough, Mebane and D. .an which will correspond d w th the ID- ; year and 2G-year Transition Areas. Water and sewer lines should be di rected to those areas union contain and are appropriate for higher density levels af rre d14ertial, commercial ant industrial al develapment. AmZNDED 9.3 Prohibit the establishment of public w c water and sewer se ces in the areas designated water Quality t-y Cr i.ical Area, except to address emergency situations. • 1 GOAL : Clean and safe water supplies ays �tle and adequate to meet future needs of the residents of Orange County. 10.1 TM.ariaee Grange County's water supplies es so that available resources are balanced with existing and projected ecte: nee:s. AMLNDSD 10.2 Adopt and implement policies Which cam" ` specify land use paste=-^s ant 4/2/� intensities cf development in water sumt_y watershed ant water quality critical areas that will minimize potential adverse impacts 5 .... water quality. 3. -1 I , ____. • I, i ; \.. :1):'1-2E71Mi-.17,77' 53 .PC",.7.17 EP .:-.7.%`1- • ■ . \ J ' I / \ vl :, N 1 , , r``., 2 1 \ ('' '' _ ,---------\..-, HB-2 <-, . I .... ,-.' ...------ i ././------( — ,-- I ,/ \, ; I / } ' '..1 1/: i . _ • 4,!FA•IX. :•••:',,'i 71'..r, - - k40::3:i, jPropolg(d Dur am - -•:•::',4.'r ..- ...4-.-,i. ,', ..- ;? :- '4:1: 1:Q1*,:,,,,,,'••:,::;1,•;:•::.,;•.-•-, . :--:•:•. :i. • . 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' ••••••••••••••••••••••••-••........•••••• ..-.....4 ..K.^:ke -%:,-'''' • •-i..:'-'.•:•::.*Pl- •.:.::::::::::::::-:::%::::::::•:::::•:"::::••7•:••:•:•:•:•:•::•:•:•:•••• ** ::::::._.•••...•4:•:.•:::::::.:..:.:-:::•:::•.:x"••i•::i:■:i•: ■:•:,:,,,,,,:r%....-,.--.::::- m :,., , ,...., ..x.,...,,..:.........i.....,..,:.....:,....1..-..„......, ...*:::::t•:::::•:•:::::::•:•::- ::::::::::: ::::::::::::::.:...::::,..•-: 7_41‘:::-.K;i::::::::: ::i,ii.•:iiiiMi:i•z.. ..:_..... ...-...::.::::t.:i:;41 7.... ...,..,„„seze,•:'''f'''' ...:";-•:-•*:":""•:::1:1":11.:1:1".•:-V-4:.::::.:::.::::::::::::::::-:::•::::•::::::::::---Ii.;:i..:-::::::.-.:::::.:E.:.:-.:.-K.::::::::::'..:::::•.r..104......."*.*".......""'-•4t,..,:;;;:•:•.:.•:.•::::::.::::::::::::•:::•::.:::::::•:*•::::::::.::::::::.:::::::::::::::::::::::::::::.:::::::::::::.:.::..:.:.:.::::::::.:4....:.:10: •.-••••••••••••••••.-.---••••••• .•:::::::::::iiii:::" .••:::::::":::::::::::=::::::: -x:::::::::•:•:::::::•.-..•-:......:::::::".•:.::::::.:::.;.:.:, ...„.. .i.;_ , .......- ...x.::::.:....m.. .:.:.:.:....:11 ••••....;.:. ...„.-.•:•:•:•:-:••••'.-:-:::::•:*-:•:•:•:•:.-•-•-•:•1-'-::•:-:•*.•:•:•:••:•:•-.---X:-•••.•:•:•:•:•:-:-:•'-'"'..- -':-• -4-:." •'''.•-? 7,..f...,...en•::::.11. -•:x.:•:•::::::-. •-•:•:•:•-•::•••••• • -:•::::::::::: :.; ••••• ---:-... ....„ ...„,.. ...,.. 1. ---- LAND USE PLAN PLAN CATEGORIES : - . - .._, =7-177.7-71 URBAN ' 4v.!4*.` PUBLIC INTEREST AREA MI 10 YEAR TRANSITION 1111 WATER SUPPLY WATERSHED ::.:-.:iil 'i.•-ii 20 YEAR TRANSITION ACTIVITY NODES: RURAL BUFFER 2 COMMERCIAL TRANSITION RURAL RESIDENTIAL 11 COM./INDUSTRIAL . TRANSITION . . - _ n-1 A r's rn I t—,1 11 -71 i M ^ 1 MD=7-, L=nt that ls tht ccrocrzte cf a town and, tner.fcrt, u%oer tne of the Lant fnr tne Lant corresr..cnLn7. c-nt-rs," ry :olsns cf Cnapt. Ell: ant :a.r73crc ant sLmray Ittn7Ifet for the :06,715 of mi.11:.socrc4EZ ant icoane. UFBAN Ar17-71- Land corresoon±lnz to propcsed "ataiv'ty cent-rt" o Dy the 71a,.-ns v: Chapel Hall and aarrocra. 1C-YEAP 710N. Land located in areas that are in the procesa c char--n; from r-v.a to araan, that are sultaale urzan-rype densities and shoald bt rrovided w-th public utilltaes and services wattan the tars: 1D-year phase of the • 20-Y=AR TRAns-maz. Land loaated in areas that are in the pro-mesa of thanaang frem rural to urban, anat are suitable far umaro-v,,Ppe densities a • nd shoult be provided wtth public utiles and servabeguathin the second 1D-year phase of tne Flan. CaL1m7-R-FIAL :RAZZTICV A7.7:177 17:• Land focused cn designated road inzer- secalcn tnan eltner k 1 -yea= cr 2G-year aransition area that.- is aaprimpraate for retail and other cammertaal usee. • CabWraMAI-/NDU:7RIAL TRAZTZION A:=17.7!' ,Z=2'. Land focused on designated road intersecalans wit= ee a 1C-year cr 20-year transation area that is apprcpriate for retail and other c=mro.:. uses and/cr manufaaturang and other indusarlal uses. • • RURAL cu?z= A:777.7T Z.=. Lanz focused en designated rmad anterseatacens whim serves as a nacal crossrceda fer the suz=ouraitr.; rus-a eammaniay ant is an appraariate location to any of the folloc=.; uses: =hurt:" fart saation, small post office, school, cr =her samilar iZ iciL uses and one or acre ccor= ial uses. FL1RAL BUFFER. . land ad3aeent to 2n Urban or wam-arat=cn area bath is rarm2. an caaracaer and which should reeain rural, cenzan very low-denalty residenzaal uses and mat requare urban services during ate pazn period. !VIRAL F-.7-r7:7%_—. :71AL. Land in the rural areas cf the Ccumay which is aparmariate 'len low antenaLty ant lm‘-óe-sie re -al develcpmena and whach woula as: be dependen: en urban services during the plan period- . • ACRIC:=DRAL nzszmn:m Land in the rural areas where the prevailing land use aa=avaties are relatec to the land (2graculaure, fcrestry) 2:m=' is accaaion for t os.--rm.inuarmion of these uses. . MIRAL NE=E:FFDOD ncm lame forased an es .ate road anzereeztiens vianan IT.172 Reaacenaaal C Aaricalraral-PmaidenaaaI area the= is aparrartate far =CZ-scale ectaard:al uses charaaaeriszac cf 'Wad and Pop" convahienee stares and gas szalana. .TIFRA7 ZNZ=7,17AL Pr'. Lend focused on dezianazet -oat anteraezticna %tan= a imsamenasa.1 or Agraealtamesadentail area - fr sea= scale Industrial uses which Co as: reeaare urban-mrJoa SM7ntet.S. ?LT:7.0 ZN:EFZ:7 AREA- Land wbach =aims public or quasi- alic uses scan • as pualaaly caned :L=1i, rest -eh fcresta or anown arotmeraIpaacal or •= 377?:7 WrZERSEEn. lame! Crainars to emisting ramervrirs uhiCh serve as pualac waaer supplaas fcr ate County, or to pbtentaal reservoir iaaes unacn have be deetaramet for protect= aaaanst threats to tne waxer ;I:alley . cf fueurt water supalles. • Amanata =A= :F=7:AL )at. Land drainang dm"-ettly to exisrans cr Putare 142/134 water sappi:-; ay overland f5,:a ant anterfacc, ancrelanda, and drmanana anao nman thanneIs cf tr.= =rearm. emptying =r1=0 ampaunarenzs, called ton-basan traanaga areas. 21( ?:.AN :.ATGOR°: a:.''.'.A-. Bur= Land Slope. No evaluation. 7ra".socrtac_,,.. ;vs N �eW No evaluation. 5vo-plow• No evaluation. ne r=te• Use. No evaluation. ~:cra and Fauna. Located away from sites that w01.11d, Lzis=inn ;,2nd Use. Located in if developed, create a areas directly outside of threat to unique or en- sit on~and Ur: Tr an areas where p _r dangered species as iden- va_ling uses are rural residential al t4fled,by tae state or and agricultural in nature fede_a_ government. Arricu'_t•r a and 'cres=r-. See So!' Located Lxist•- ng i.zzc Use. 1 'n areas where general sail 1 conditions are suitable for Population. Density. Located in on-site sewage disposal and areas with a very low-density agricultural uses. rural population. 1 ?b'ic Services/^t_'_• -i -- es. Located In areas :net will not require uroan-type Services. Historic and Cultural. Located away from areas where development w0L.0 nave a detrimental ;.moat= on state or _federally acknowledge_ historic-cultural sites or County identified ?ub1.o lnterest Areas. -j PLAN C : RURAL RES: `_:.AL Land Slott. Located on nr_.ansper:at_, ar. Snstet. No land wi- an overall evaluation. slope of less than 15S grade. _-ie Use. Located .r areas a: Leas: ,J :mutes ccrmuti,,g Hvdroloe- . Located out- sine o 100-year flood time roman activity nose. prone areas as Identified 'x"s`"ne Land Use. Located in by the Corps of Engineers. association wit p=oet- low- Flora and Fauna. Located density rural residential ases in general prozi=i:y :c developed away front s;,:es twat would, or oevelcpine activity nodes. if developed, Create a :treat to unique ar endan- Agriculture f ,_ _.._ - and -c-•e.t-- lo- eered species ar Identified cadet away . : on are snit by :he state cr federal would, I. developed, have a government. detrimental =act on produc- ive agricultural nd managed e�r�y a_ Sc .:'l Conditions_ Located forest land. in areas where general scil . conditions are suitable for Population Densit... led on-site sewage disposal it of run ' - _r: systems. ��� —a- popu_2:Lan dental=-, , generally one dwelling ?•.'.1iC um= per acre. L.DCateC LP area; :aci: will not require uroan-type 1 services. Historic to have and Cultural. ,located away from areas wnere development historic-cultural n eet,iaenta_ impact on stare :r federally acxnowledaed sites car County identified ?utlic `..serest :Leas. TO: Ken Thompson , Cour-y "cnacer FROM: Marvin E . Collins , Planning Director SUBJECT: Water/Sewer Policy DATE: June 17 , 1987 COPIES : Barry Jacobs, Planning Board Chair On May 13 , 1967 , the Natural Resources Subcommittee of the Planning Board met in the Planning Department to consider a draft water/sewer policy for Orange County as related to land use planning issues . Listed below is the proposed policy statement as recommended by the Natural Resources Subcommittee, including minor wording chances made by the Planning Board at its June 9 , 1987 meeting. Also included are the goals on which the policy statements were based . After each goals statement is an abbreviation, indicating the source. The index of abbreviations is as follows : LUP Land Use Plan ZO Zoning Ordinance SR Subdivision Regulations As indicated above, the Planning Board considered the proposed policy draft on June 9 , 1987 . The Board recommended approval as outlined below. A. Revise section ( 1 ) Water Supply to read as follows: ( 1 ) Water SuDDly/Sep:ane Dispose! The Planning Board recommends that Orange County take an active role with its municipalities and surroundino jurisdictions in developing and managing water supplies and .seweoe disposal on a local and regional basis . The Planning Board further recommends that Orange County meet its water supply and sewage disposal needs in a manner consistent with existing aoricultual , water Duality critical area, environmental protection and buffer pol is ies. These recommendations are based on the following goals : ( a) Provide clean and safe water supplies available and adeouate to meet future needs of the residents of Orange County . ( LUP) ( b) Identify, develop and manage Orange County ' s water supplies so that available resources are lN; nrr 4� r, 21 ER _ ,(, � :�; ,� F-70! - 1E2,') �,ia_.e / /ewe_ " ,' . . v June 17 , Page 2 balanced with existing and projected needs on a local and regional basis . ( LUP) B. Revise Section ( 2) Delineation/Protection of Watersheds to read as follows : (2) DJ_j_neet i on/Protest ipn r) Yatersheds The Planning Board feels that watershed protection should be given high priority status in the Land Use Plan update, particularly since Orange County has historically been in the forefront of watershed protection. Consistent with this tradition, the Planning Board recommends that adeouate watershed protection standards be established in unzoned portions of the county . The delineation and protection of such watersheds has been partially addressed in the Land Use Plan and will be further in The Plan update. However, there is an immediate need to establish a policy extending watershed protection standards To watersheds regardless of Zoning classification. This recommendation is based on and in support of the following goals : ( a) Designate prime reservoir sires, based on an evaluation of water resources throughout the County, to protect those are from adverse development impacts and to insure that inappropriate restrictions are .not placed on a large population of the land area and land resources of the County. ( LUP) ( b) Adopt and implement policies - which specify land use patterns and intensities of development in water supply watersheds and water Quality critical -areas that will minimize potential adverse impacts On water quality. ( LUP) ( c) Support programs which help to 'project water quality, such as the Soil Conservation Service and Sedimentation and Programs . ( LUP) Erosion Control ( d) Encourage efforts to monitor water in Orange County streams . t( LUP) uality of C• Revise Section ( 3) Sewage Disposal /Alternative Systems to read as follows. : ItTrpOFc IO E"C."'A�' T G- „ 1 N`c'er/SEv-e- =:cH icv June i7 1 ^F7 Page (; 21E. age 3 ( 3 ) t_Di - -s�hs ?1 /A ' t e-n tJ-1atg2 To insure adeouete and appropriate sewage facilities for all current disposal the Planning Board recommends f ttare hat the private community -Treatment systems te ure e as a means of sewage disposal ¶hroughoutoOranQe County, and that they be allowed only in where clustering is followed r situations Special Use Permit or Planned DevelopmentYapproa proval procedure. To provide for the protection of designated water supply watersheds, the Planning Board recommends that Orange County establish and fund, in coordination with other agencies, a monitoring water quality Program of Furthermore, Orange County Orange County streams. site wastewater treatment inspection$program within hin on- the portions of water supply watersheds P s designated within Water Quality P Y a ersheds designated Critical Areas . To provide for and assist in the implementation of the above recommendations , the P recommend$ that the County tanning Board iemify ounty staff be directed to the type of sewage disposal facilities mppropudeteoifor an area as a function of the present and future demand ; the distribution of users ; and the capacity of the natural environment to absorb the impact. These recommendations are based on and in support of the following goals : . ( a) Provide adequate and disposal facilities for all acurrentaand future residents. ( LUP) (b) Identify the type of facilities appropriate for sanaga disposal function of The magnitude of area as a h present and future demand ; the distribution of users ; and the capac4ty of the natural . environment to absorb the impact. ( LUP) ( c) Develop a process to ensure that buyers of property in the County are fully informed about the on-site sewage disposal characteristics of the sites on their property .y . ( LU. ) ( d) Allow on-site disposal in low-density and T.7 - 1P7 t,arer/ Se,,e_ =cl ic 2 the 17 , 1F.7 Face L rural areas where soil conditions are acceptable . In rural areas with unacceptable soils , State-approved on-site sewage disposal systems will be required. ( LUP) ( e) Facilitate the use of alternatives to the traditional septic systems on land unsuitable for septic tanks and not served by public sewer . Elimination of administration and informational barriers to the use of safe, sanitary alternative on-site disposal systems within the County should be encouraged. ( LUP) ( f ) Allow ground systems of 3000 gallons per sewage disposal systems per day or more design capacity and packaoe treatment plants with a design capacity of 3000 gallons less as appropriate only in areas day as designated Ten and Twenty YearTransitionand Rural Residential . ( LUP) ( g) Develop and implement a process whereby the responsibilities and duties adjunct to the operation and management of package sewage treatment plants are specified as a requirement To the permitting process for such facilities . (LUP) ( h) Prohibit package sewage treatment plants in the areas designated Water Supply Watershed. ( LUP) ( i ) Establish an on-site wastewater treatment inspection program within one portions of water supply watersheds designated as Water Quality Critical_ Areas. ( LUP) ( j ) Na -permitted use in any district shall discharoe any waste contrary to the provisions of G. S. 13D- 150. (Z0-6. 14. 10) ( k) No permitted principal use, special use or accessory use shall discharoe into the OWASA, Durham or Hillsborough sewe facilities any waste that cannotabe treated eby biological means. (20-6 . 14 . 10 ) ( I ) Ground absorption systems with capacity of 3 , 000 gallons a resin. Package treatment per day or more and disposal are plants or sanitary sewage expressly Prohibited in the Aoricultural Residential ( AR) and Rural Buffer INTEROFFICE !. "„lr 4''ater/5cwe- cI i [y r, June i ~ , 19U...2 Pace 5 ( RS) districts as shorn in the Land Use Plan except as may be approved through a Special Use Permit or a Planned Development District . ( 20-6 . 20 ) D. Revise Section (4 ) Delineation of Districts to read as follows : Prater/Sewer Service ( 4 ) . I t ' n f 1:' t r , i Dictr ' + The Planning Board recommends that OrEnae Cou immediately establish as a matter of that , - will not approve any development project i 'to be 1t supplied by water end/or located sewer service unless � n a water/sewer service district incorporated into the Land Use Plan and appropriate ordinances , following public hearing and citizen comment. The Planning Board further recommends that, except in emergency situations, Orange County neither fund nor support extensions of public or water/sewer services outside adopted as part of the Land Use Plan service areas adopted Count Furthermore, where y funds are used, in whole or in part, to finance extensions of such services, i , shall a retain Some authority to determine t t . of utility services he disposition provided. These recommendations are based on and 16 support of the following ooals : ( a) Provide water and sewer lines in those which can be practical ) areay served by these facilities . and ef, ficiently ( LUP) ( b) Develop and implement a cooperative planning - process among the joint municipalities, '� County, its u, surrounding ,jurisdictions and utility providers responsible for water and sewer lines to oulde the extension of lines in accordance with the land use plans _ and policies of the affected jurisdictions . ( LUP) ( c) Establish Urban Service Areas for Chapel Hill , Carrboro, Hillsborough, Mebane, Durham and the service areC of the Orange me e Water System which will correspond wi hhe10 -year and 20-year Transition Areas , Water and sewer lines should be directed to those areas which contain and are appropriate for higher density levels of residential , . commercial and IP; E"Or.AN%" 57C - 1 F e` e-/Ser.e- =,c1 cy June 17 , 1 ;F7 Pare 6 industrial development. ( LUP) ( d) Identify ( sewer) service by centralized water and sewer systems ( Towns of Hi.11sborouph and Mebane, Orange-Alamonce Water S , Incorporated and Orange water ) Sewer Authority) as most and Sewer appropriate at the hioher density levels which occur in the Urban and Transition Areas . ( LUP) ( e) Prohibit the establishment of sewer services in the public water and areas designated Water Quality Critical Area and Rural Buffer, except to address emergency Situations . ( LUP) E. The Planning Board made no recommendations to alter Section ( 5 ) Fvi n ^v i it itv ( 5 ) V n e,r v i b11 i C ( a) Urban services, includins water distribution and sewage collection mains , are not likely within 10-20 years. (20-4 .2 . 1 ) ( b ) Water and sewer lines should exist at the or be assured of installation as part site development process . (20-4 _ par ' of the 2 . 4 )• ( c ) Lot size for individual uses appropriate to the method of water shall be sewage disposal . (2D-4 .2. 9) supply and ( d) In cases where the completion and development of the subdivision would require permits granted by an agency, That approve agency shall officially pprove by certificate or permit the subdivision proposal . ( SR- 111-D-4-A) ( e) Plans for a proposed sewage system shall be approved or community se areSy� pproved by the Health Department Director or the Division of Environmental Management of Natural and Economic Resources, whichever is appropriate.- Said system shall be completed according to the approved plans, provided that where said improvements are to be � � installed or constructed subsequent to the approval of the Final Piet, plans and specifications for said improvements shall be approved by The appropriate agencies and references to said improvements shall be rage a part of the Final Plat . ( SR-V-C- 1 -a) INIEpOFr ICE !!.r.n:4!Ar'"1;: G7 5 F2C _ J2 Were-/Sep a .,` I. c June 17 , 19E7 Pepe 7 ( f ) Plans for proposed community water supply systems shall be approved by the Health Department Director or by the Division of Health Services, Department of Human Resources , whichever is appropriate. ( Requirements for approval of plens same as for proposed public or community sewaoe systems . ) ( SR-V-D- 1 ) Ik Excerpts from Durham 2005 Comorehensive P'an 22 GROWTH MANAGEMENT A critical element of the Comprehensive Plan is its policies dealing with the relationship between future property development on the City ' s edges and the provision of urban services . The policies in this plan reflect a subtle but significant change in the City ' s approach to that relationship. In • general , Durham will take a more aggressive stance in directing urban growth through regulating the availability of urban services and encouraging public/private partnerships in infrastructure improvements . The impetus for a change in Durham ' s approach results from a combination of forces . The recent boom in development activity portends future rapiid growth . Development activity is presently concentrated in the southern areas , but may be expected to concentrate in the north ( i . e . , the Eno River basin) when Treyburn development stimulates additional growth . Sewer service is presently at practical capacity levels in several of the City ' s wastewater treatment basins . The City recognizes that , in the face of increasing demands for services and facilities and limited public resources for infrastructure improvements , public investments must be carefully applied , directed and timed to stimulate cost efficient development patterns . Likewise , private investments in infrastructure necessary to support new development must be secured , directed and timed to stimulate cost efficient development patterns . . The following growth management strategies are diagrammed schematically in Figure 9: Growth Management Schematic. • • FIGURE. 9 GROWTH MANAGEMENT SCHEMATIC Rural Density Rural Density Critical Watersheds MA boundary Critical Watershed Low Priority Growth Area (LPG) High Priority Growth Area (HPG): City plus short—term annexation areas • • Chapel _ Hill Raleigh UGA boundary Critical • Watersheds • Rural Density - DURHAM 2005 COMPREHENSIVE PLAN • 56 221 1 . Urban Growth Area The City' s Urban Growth Area ( UGA) is defined as the land within the City limits plus those portions of Durham and Orange Counties which can be expected to develop an urban character over the next 20 to 30 years . The UGA is delineated on the Future Land Use map on the Comprehensive Plan. The boundaries represent a combination of expectations of the location and quantity of private development activity , and the City ' s stated preference regarding where future development should occur. The UGA reflects a long-term strategy for future City annexations of adjacent developed areas . The policy relating the UGA and development is clear and simple : extension of sewer and water service to property outside of the UGA is prohibited. Further , property development outside of the UGA more intense than rural density is discouraged , except for development integral to the urban fabric of adjacent communities , such as Chapel Hill . The intent of this urban growth policy is to insure that , when growth occurs , that growth is directed to sites sufficiently close to existing service facilities to allow cost efficient service extension to those areas . It reflects the City ' s desire to limit sprawl and leapfrog development , thereby effectively managing its future growth . 2. High Priority Growth Area High Priority Growth ( HPG) areas are defined as those portions of the UGA where sufficient facilities and service capacity exists to support urban development. In essence , this area is where the City would like to see development occur because wastewater treatment systems can handle associated wastewater and the network of streets _ and thoroughfares can handle associated traffic . The HPG area is composed of the City . plus those areas targeted for 22j- dnnexatation in the near future ( 3 to 5 years ) . The HPG area is shown on the Future Land Use Map . The City ' s general policy regarding development in the HPG area is to encourage appropriate development by sharing the cost of installing water distribution mains and sewer outfalls . Developers will be required to incur the costs associated with utility lines necessary to serve their developments . The City will incur the costs associated with oversizing those lines in order to adequately serve future needs . In this manner , the City can stimulate development in appropriate locations by utilizing its capability to fund and construct capital improvements . Because the Plan is general in nature , the Comprehensive Plan does not detail the specific requirements of cost sharing arrangements with the City for improvements undertaken in high priority growth areas . The City administration will develop and maintain a manual for public distribution that . will give guidance to citizens and developers regarding the details of cost sharing improvements . This manual , to be periodically reviewed by the City Council , will outline specific responsibilities of the developer and the City in cost sharing infrastructure improvements . 3. Low Priority Growth Area The Low Priority Growth ( LPG) areas fall outside the hioh priority growth areas but inside the urban growth area boundary. , While the LPG areas are anticipated to eventually receive urban services and be annexed into the City, these areas should be developed at a later date. The LPG. areas are not appropriate for immediate development because of several reasons : necessary transportation thoroughfares are not in place, water service is not yet available pending distribution System improvements , wastewater treatment capacity does not exist , and/or utility lines are not in 22 place . Development of urban land uses in the LPG areas will be allowed only if the developer incurs all costs associated with extension of necessary urban services and facilities , such as sewer , water and streets . 4 . Growth Management Areas Revisions The urban growth areas and high and low priority development areas are established to manage growth in Durham. However, • the conditions under which these growth management techniques were established are not static ; they may and probably will change in the year following adoption of the Comprehensive Plan. Consequently , the boundaries of these areas should be reviewed on a regular basis to determine if changing conditions necessitate boundary revisions . The review should be timed such that boundary revisions are made early in the chronology of the development of an annual annexation strategy , capital improvements program and City budget. This timing scheme insures that the changes in growth management boundaries are coordinated with other fiscal and urban services planning undertaken by the City. 5 . Infrastructure Financing a . New Philosophy The rapid pace of development in Durham and the expected future growth generate legitimate concerns among citizens and public officials about how new growth will be accommodated . These concerns are voiced at a time when City resources are severely strained , and Federal assistance to local governments is being reduced . Consequently , new methods of financing infrastructure improvements necessary to support growth are being examined . The City is rethinking its traditional "pay- as-you-go ", philosophy of public infrastructure improvements . Central to a new philosophy of infrastructure financing is the concept that new development in Durham must , in large part , pay its own way . In other words , the cost of additional capacity for providing urban services should be shifted , to some degree , away from the general public and toward the individuals who directly benefit from services to the new development . The concept might initially be applied to sewer and water services , since these are where service capacity is limited . The concept might later be applied to parks and recreation facilities , arterial streets and thoroughfares , and public safety capital improvements . b. Capacity Building When a parcel of vacant land is developed , the developer is traditionally expected to install the on-site supporting infrastructure : streets , curb and gutter , water lines , sanitary sewer lines , storm drainage facilities , etc. Upon completion , these improvements and street rights-of-way are dedicated to the City. The costs of the infrastructure are passed along to future owners or tenants of the property. Likewise , day-to-day services , such as water , sewer , solid waste collection , are paid for by owners and occupants on a fee basis or through property taxes . However, in times of rapid growth there are costs associated with development that are not borne by the developer or future occupants . These may be broadly categorized as capacity building Costs . 60 23C Capacity building relates to the need to purchase land and capital facilities in order to meet the urban service demands of new development. An example is sewer service capacity. Development in some of Durham ' s sewer service basins is not constrained because excess capacity for wastewater treatment exists . The developer needs only to install and dedicate necessary collection lines . In other sewer service basins , however , the treatment facilities are currently being used to capacity. Thus , in order to accommodate additional development in the basin , additional wastewater treatment capacity must be constructed. The same capacity building argument can be made for water treatment facilities , major arterials , and the development of parks . c. Development Impact Fees In order to address the need for building excess capacity for City services , the Comprehensive Plan endorses the adoption of a system of development impact fees . Associated with property development would be a one-time fee designed to cover the costs of capacity building. The fee would be tied to the magnitude of the impact generated by the development , as measured in residential units , commercial square footage , or gross acreage. The development fee would have several components , each calculated individually and each targeted for a specific category of improvement. For example , the recreation component of a development fee would be targeted toward purchase of park land and recreational facilities . The wastewater treatment component would be targeted to improvements to upgrade the capacity of the wastewater treatment plant serving the development . 231. Tne overall intent of the development fee is to attach an appropriate and equitable cost for capacity building improvements to those persons who will benefit from the improvements . Development fees allow this Connection to be made when the benefits are enjoyed before or after the improvements are made . FUTURE LAND USE As previously defined , a Comprehensive Plan is an official statement of the City Council which sets forth its major policies concerning desirable future physical development .' . The future - land use map is the element of the Comprehensive Plan which shows patterns of future land use resulting from the interaction of market forces and these policies . The future land use scheme represents existing land uses , coupled with reasonable projections of future development , tempered by public policy. The future land use map depicts generally preferred locations for land uses such as residential development , neighborhood and regional shopping facilities , sites appropriate for industrial development , and areas to be preserved for open space or recreation. The plan is a vision of what Durham might look like in the year 2005 . A map depicting future land use is included at the end of this document . 1. The Fu.nction of the Future Land Use Plan The future land use plan represents the physical interpretation of the goals and policies contained in this Comprehensive Plan. In depicting how goals and policies translate io physical features on the landscape , the land use plan offers • City policy makers and citizens a graphic representation of the physical ramifications of private sector decisions and municipal policies . The Plan will be used by City officials as a guide in reviewing prooposals for development , highlighting how individual developments relate to the larger fabric of urban land uses . Compatibility with 232 FIGURE 10 FUTURE LAND USE � � ; i glillh NORTH ; ACTIVITY CENTER, (COrr[NC •L. • OFFICE.NIGN DEMSITT RESIDENTIAL 1• ± !-_.�y OFFIC[ /REaEARCN __ �IIW1111 GRANVILLE CO. INDUSTRIAL' J `�� / • --�� /NIN1111Ri�� �'�4 LOW DENSITY 1Y11111111'�o11 ++_++�+�� i.sq. RE RIDE NTIAL 146 _ itsr H a 6 AID • iIL. II !w ...� 7.o I � �a 1\ 11111 :ti.:; ::: \ •CITY L1114S {. • \• 'chiµ r( ~•~'• �" ' \rI/, DOA E .......� ORANGE C 0. •:awyv' -{:::. \ltil :'rv�.•.;;: s=ue^ '.i> r esov,M 1«T �lyt7a 12 • 4.; ry is 4!1 :.r .J JA • • • . '•� I WAS[ CO,. I X•" • +1111111111/111111 r� 111 Vag' •41 • CNA►EL 4 /jG rte_ Tau J r =`. = • • • DURHAM 2005 COMPREHENSIVE PLAN 55 r 231r amendments. Materials attached to this abstract describe the status of each topic discussed by the Committee. L,J ° 11 Discussion and approval pp of the r p oposed ordinance revisions for public hearing on August 24, 1987 . AGENDA ITEM #8: Planning Board Items 0 a . Durham-Hillsborough Water Line Presentation by Collins. This agenda item is for the consideration of a proposed water line agreement between the City of Durham and the Town of Hillsborough . The City of Durham and the Town of Hillsborough are contemplating adoption of a water line agreement which, if implemented, would pose a serious threat to the integrity of the Orange County Land Use Plan. The agreement provides for the construction of a water line comprised of 12 and 16- inch sections extending along U. S. Highway 70, and, to which, future connections could be made. The Orange County Land Use Plan permits such extensions in designated 10 and 20-year Transition Areas. However, considerable land area designated Rural Residential is situated to the north and south of the proposed water line. Such areas are intended for low-density residential development with urban services, particularly water and sewer, not expected within the 20-year planning period. The Planning Staff recommends the following : 1 . That Orange County contact the City of Durham and the Town of Hillsborough for the purpose of seeking revisions to the agreement which provide assurances that no connections will be permitted to the water line except in 10 and 20-year Transition Areas as designated on the Orange County Land Use Plan or in emergency situations for properties located outside such Transition Areas. 2. That Orange County contact the City of Durham for the purpose of seeking revisions to its Urban Growth Boundary which are consistent with the 10 and 20-year Transition Areas of the Orange County Land Use Plan. 3 . That Orange County contact the City of Durham and the Town of Hillsborough for the X34. D p purpose of seeking revisions to Section 11 of the agreement which clear ) define the he limits of transmission of water from the Town of Hillsborough to the City of Durham, and that such limits be based in part on the limits for withdrawals from the Eno River. If revisions to the agreement cannot be secured, the Planning Staff recommends approval and implementation of the Planning Board ' s proposed policies pertaining to water/sewer extensions outside of approved service areas. The policies include : 1 . That Orange County immediately establish as a matter of policy that it will not approve any development project to be supplied with water and/or sewer unless located in a water/sewer service district incorporated into the Land Use Plan and appropriate ordinances, following public hearing and citizen comment. 2. That, except in emergency situations, Orange County neither fund nor support extensions of public or private water/sewer services outside service areas adopted as part of the Land Use Plan. Furthermore, where County funds are used, in whole or in part, to finance extensions of such services, it shall retain some authority to determine the disposition of utility services provided. Jacobs inquired what timetable was being considered. Collins responded that the Agreement is to go to the Board of County Commissioners on August 3, 1987 and the water/sewer policy to be presented to the Board of County Commissioners on August 18, 1987 . Jacobs expressed concern that this issue would not be settled before the Town of Hillsborough ' s Bond Referendum. He inquired about the possibility of having the Commissioners add this to their July 20 agenda. Collins responded that he would ask Albert Kittrell , Acting County Manager, to check with the Commissioners about this addition . MOTION: Best moved that the Durham-Hillsborough Water Line Agreement be forwarded to the Board of County Commissioners as soon as possible in order for Board of Commissioner action prior to the Hillsborough Bond Referendum. Seconded by P1lkey. VOTE: Unanimous. b. Planning Department Work Plan FROH: 7/27/87 REVISED AGREEMENT 23 AGREEMENT FOR THE SALE OF WATER BETWEEN THE TOWN OF HILLSBOROUGH AND THE CITY OF DURHAM NORTH CAROLINA ORANGE COUNTY DURHAM COUNTY This AGREEMENT, made and entered into in duplicate originals this the day of , 19 , by and between the TOWN OF HILLSBOROUGH, hereinafter referred to as TOWN, party of the first part; and the CITY OF DURHAM, hereinafter referred to as CITY, party of the second part; WITNESSETH That WHEREAS, the TOWN owns and operates a water supply, filtration and distribution system serving customers in its service area in Hillsborough and surrounding areas in Orange County; and WHEREAS, the CITY owns and operates a water supply, filtration and distribution system serving customers in its service area in the City of Durham and outlying areas; and WHEREAS, during periods of dry weather, the TOWN has experienced a shortage in the public water supply available for distribution to and use by the people it serves; and WHEREAS, the TOWN desires to obtain additional water supply to meet the needs of its customers; and 23t WHEREAS, the CITY in the future may have a need for water from the TOWN to serve certain areas within the CITY ' s service area when a failure in the CITY' S water supply, distribution or treat- ment system creates an emergency for the CITY. NOW, THEREFORE, in consideration of One Dollar ($1.00) and the benefits and detriments moving between the parties, and especially in consideration of making a cooperative effort to alleviate water shortages, the CITY and the TOWN, for themselves, their successors and assigns, do mutually agree as follows: 1. A water and sanitary sewer service area boundary line is hereby established as described in Attachment A and shown on Attachment B. It is understood and agreed that the area located west of the boundary line shall receive water and sanitary sewer service from the TOWN and the area located east of the boundary line shall receive water and sanitary sewer service from the CITY. 2. Either party may extend water and/or sanitary sewer lines or facilities in the other party' s service area to the extent such action is necessary and reasonable provided that sixty (60) days prior written notice shall be given and said facilities shall not be used to serve any customers located within the other party' s service area. 3 . The TOWN shall , as the contracting agent for the City, extend a water main in U.S. Highway 170 from the end of the CITY ' s -2- 23's existing main which is approximately one-half mile west of the intersection of N. C. Highway #751 and U. S. Highway #70 to the aforementioned service area boundary line. This line con- struction is hereinafter referred to as "the Project". The water main shall be sixteen-inch (16") ductile iron water pipe from the end of the CITY's existing water main to Linden Road and shall be twelve-inch (12") ductile iron water pipe from Linden Road to the service area boundary line. The construction of this water main shall be in accordance with the following conditions; a. The TOWN will be responsible for engineering, for acquisition of any rights-of-way and easements, and for construction by a licensed contractor. Once construction bids have been received, the TOWN will pay to the CITY a tap fee equal to the estimated total cost of the Project based on bids received and including engineering services, resident inspection, legal and administrative services, contingencies and all other expenses. It is understood by both parties that this tap fee will be adjusted later based on the final actual cost of the Project. The TOWN will handle all money for payment of the cost of constructing the water main and all necessary engineering, legal , accounting and other incidental expenditures associated with construction and with acquisition of rights-of-way and easements. Prior to the execution of construction contracts for the Project, the CITY will pay to the TOWN, as contracting agent, an amount equal to the estimated total cost of the Project. It is -3- 23c understood by both parties that, when an adjustment to the tap fee paid by the TOWN is made based on the final actual cost of the Project as provided above, a corresponding adjustment shall be made in the amount paid by the CITY to the TOWN as con- tracting agent. b. The TOWN shall engage a registered professional engineer to prepare plans and specifications for the construction of the water main improvements. c. Unless otherwise provided in this Contract, all construction shall be in accordance with CITY policy, standards and specifications. All work shall be subject to inspection by the CITY, at the CITY' s expense. Inspection shall be provided according to CITY policy. The TOWN engineer shall provide construction stakeout and supervision. d. All construction shall be performed by a contractor licensed to perform this type of work in the State of North Carolina. The contractor must be approved by the CITY before a Contract is entered into between the TOWN and the contractor. e. Before starting construction, the TOWN shall secure approval of the construction plans by the CITY, The North Carolina Department of Transportation (NCDOT) , and the North Carolina Department of Human Resources. f. The TOWN shall furnish the CITY original tracings of the as-built plans when the work is complete. g. Unless a plat showing dedication to the public of street right-of-way and the water easements required to serve the Project is already recorded in the Orange County Registry or -4- I 23 unless existing public streets are officially maintained by NCDOT, the TOWN shall see to such recording before the CITY shall assume maintenance of any water facilities constructed pursuant +o this Contract. Once such a plat has been recorded in a form acceptable to the CITY and construction of the water facilities has been properly completed, the CITY shall assume ownership and maintenance, at the CITY' s expense, of those facilities. TOWN ... Y . no encumber any way through lien, jr �` •shall. t encuber these 'facilities S mortgage, or similar encumbrance. /If defects in workmanship or materials are discovered within one year of the date of accep- tance, in work done pursuant to this Contract by or for the TOWN, the TOWN shall see that such defects are promptly corrected at the TOWN' s expense. h. The TOWN shall bear the total cost of all construction within the Project. Unless otherwise explicitly and specifically stated, the TOWN shall bear the costs and expenses of all the obligations and duties created by this Contract, .. .' nifi. atio at" th City. and, its officials"....'.._..e anc, employees, c _ . � *agents, � $ . all t.t e i■s, Judgment de-s ag deiea w pen ltnes. and expens.es;: gins a to eat7rbirgp .a04 "oi64oa fee 9 i F•:....W r ,N. � 1T tf ; aris etlowrer€:- water ..fa.ci.l ities pursuant to thilt i . The CITY may make extensions from any of the water lines covered in this Contract; i .e. , lines located east of the service area boundary 1 ine, without permission of the TOWN. ENYtifillittilin tat reemewt recognize thiatll nt. areaE on'bothr sides �,.. ��,�.�. ....e.::..�,:�r... ...._. ...,,, nr?rvpWr.r r.�N'K'.M.nt•iw. •.xG,.y..y.•ry,.i.:., r,.w.as.A•.eYwti -5-- a ' 24'- the boundary..•. i ine :and beyond the zoning. jurisdiction af ioth • _ mun1ctoali ,e .,.. I s:.:under the_ land use. and zon_ing .J-urisd ctfon_ :M Orange, Co. n Furthers..th . .- .: . . . d .. g y I ,. at the C.1LTXo,r. ie. ca-Wsider. in an .:; nne c ni o#' proposed ew development to the water, lines o-i CO.... iii -- -- ..._ {1 Cow vered ° -.. . .. i k tkis.-Ag.raemeat. There .such development raen* is. 1 orated outside .F..., ,. , lWa�-.it . . - growth ill. allow: the CITY 1 iei s. established urban rorth area, r new development only,, in conformance with the adopted land use , plan of Orange oun y. j . Charges will be made according to CITY policy for water connections to the water lines installed pursuant to this Contract on the east side of the service area boundary line. k. The TOWN shall be entitled to refunds for water connections made by adjacent property owners to the water main to be constructed pursuant to this agreement. These refunds shall be made for a period of ten (10) years after the completion of the water mains. Charges made after ten (10) years have expired for connection to the water mains will not be refunded to the TOWN. These refunds shall be in an amount equal to the CITY ' s prevailing frontage charge rate at the time of construction or half the average cost to the TOWN per linear foot of pipeline installed, whichever is less, multiplied by the frontage of the property being served. Connections to the line east of the service area boundary line itd'. Thturi,;Y.iate_r`: and s.ever,,,servt shall be in accordance with the CITY ' s Urban Growth Policy. 1 . The TOWN extending the water facilities pursuant to this Contract shall furnish information as to the actual cost of construction to the CITY after notice of acceptance of the -6- 241 facilities by the CITY. Failure to provide this information will result in forfeiture of all rights to refunds which would have been received according to other provisions of the this Contract. m. The CITY has adopted a schedule of "Capital Facility Fees", also called "Impact Fees" to be paid to the CITY for the privilege of connecting to the CITY 's water system. Nothing in the Contract shall be construed to change anyone's obligations to pay these fees. n. Neither the CITY nor the TOWN will be responsible for the quantity or pressure of water serving the Project. o. The CITY may require any testing it deems appropriate to determine that the work complies with CITY standards and specifications. All such testing shall be at the TOWN's expense. p. The words "line" and "lines" shall include "main" or "mains" unless the context otherwise requires. 4. The maximum amount of water to be supplied to the TOWN by the CITY through the subject water main shall be two million gallons per day (2 MGD) subject to the limitations contained in Paragraph 6 unless the CITY shall determine that a greater amount of water can be supplied. The maximum amount of water to be supplied by the TOWN to the CITY through the subject water main shall be 1 MGD subject to the limitations contained in Paragraph 11 unless the TOWN shall determine that a greater amount of water can be supplied. 5. Upon written request from the TOWN, and upon determination by the City that it has adequate water supply capacity from its own -7- S 242 resources, the CITY will deliver to the TOWN a quantity of treated water to be determined by the CITY under Paragraph 6 below of a quality similar to that provided to other customers of the CITY. Such water will be delivered to the TOWN at the proposed or mutually agreed upon future points of interconnection of the water system of the TOWN with the water system of the CITY, and the quantity shall be metered at such points. 6. The quantity of water the' CITY will furnish shall be determined by the CITY in light of the following factors : a. the amount of raw water available from the CITY ' s own water supply; b. the CITY's water demand; c. the CITY's water filtration capacity; and, d. the limitations of the CITY's water distribution facilities. 7. The CITY shall authorize its Plant Superintendent or some other person as the City Manager may designate to administer requests for water on a day to day basis, and the CITY_ agrees to notify the TOWN as to what person or persons have been so designated. The TOWN shall authorize its Plant Superintendent or some other person as the Town Administrator may designate to administer requests for water and the TOWN agrees to notify the CITY as to what person or persons have been so designated . 8. During any period in which the customers of the City are under water use restrictions and water is being supplied to the -8- a 24 TOWN under this Agreement, the TOWN shall impose water use restrictions for its customers at least equal to those imposed by the CITY. 9. The charge for the water the CITY provides to the TOWN shall be seventy-five percent (75%) of the "Inside City" rate. 10. The CITY shall furnish the TOWN not later than the tenth (10th) day of each month, with an itemized statement of the amount of water and charges for such water furnished to the TOWN during the preceding month. The TOWN shall pay the CITY, not later than the thirtieth (30th) day of each month, for water delivered the previous month. 11. The CITY may also request in writing that the TOWN furnish the CITY treated water of a quality similar to that provided other customers of the TOWN if problems in the CITY 's water supply, distribution, or treatment system creates a need for water by the CITY. The TOWN shall furnish whatever amount of treated water it determines it is capable of furnishing in light of its own capacity and needs. Tire t'er® 'capacite includes, the capa&,itoaf. the TOWN to supply water from the Eno River ,1n theF Mme... ..,.........��....._..,....----- � ., . ., . . ,_._. 144_0, any„ applicable restrictions in effect atL.the time, of.:.thG 7 C tt egyegt4.- Such water shall be furnished at the proposed or mutually agreed upon future points of interconnection and metered at such points. The charge for such water shall be 75% of the CITY' s "Inside City” rate. The TOWN shall furnish the CITY, not later than the tenth (10th) day of each month, with an itemized -9- 241 statement of the amount of water and charges for such water fur- nished to the CITY during the preceding month. The CITY shall pay the TOWN not later than the thirtieth (30th) day of the month for water delivered the preceding month. 12. a. Subject to subsections b. and c. below, this Agreement shall extend for ten (10) years from date of execution and thereafter may be renewed or extended for such term, or terms, as may be agreed upon by the TOWN and the CITY. This Agreement may be amended or terminated by agreement of the parties. It may also be also be terminated unilaterally by either party if costs of water as provided in Paragraphs 9 and 11 are not paid in accor- dance with Paragraphs 10 and 11. b. The provisions of Paragraph 1. shall be binding on the parties for an initial period of twenty (20) years, and may there- after be renewed or extended by mutual agreement. The provisions of Paragraph 1. shall survive the earlier termination or expiration of the remainder of this Agreement. c. The provisions of Subparagraph 3 .j. shall be binding on the parties for ten (10) years after the completion of the Project and shall survive the earlier termination or expiration of the remainder of this contract. s 13. Any litigation arising out of this Agreement shall be determined in Durham County District or Superior Court. 14. The obligations created by this Agreement, with the exception of those created in Paragraph 1. and Paragraph 2. are contingent -10- 24z. upon approval by voters of the TOWN of a bond issue to finance the Project, which approval shall be sought in 1987. IN TESTIMONY WHEREOF, both the CITY and the TOWN have caused this Agreement to be executed by their respective officials and their respective official seals to be affixed by authority of their - respective governing bodies, all as of the day and year first above written. -11- 24€ CITY OF DURHAM City Manager ATTEST: City Clerk TOWN OF HILLSBOROUGH Town Administrator ATTEST: Town Clerk This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. TOWN OF HILLSBOROUGH CITY OF DURHAM Finance Officer Finance Officer Date Date Approved as to form and legality. TOWN OF HILLSBOROUGH CITY OF DURHAM ~ Attorney Date Attorney Date -12- 24 ACKNOWLEDGMENT BY CITY OF DURHAM STATE OF NORTH CAROLINA • COUNTY OF DURHAM I, a notary public in and for the aforesaid county and state, certify that appeared before me this day, and acknowledged that shepissonally Clerk of the City of Durham, a municipal corporation, and that by authority duly given and as the act of the City, the foregoing agreement was signed in its corporate name by its City Manager, sealed with its corporate seal , and attested by herself as its said City Clerk or Deputy City Clerk. This the day of . 19 Notary Public My commission expires: ACKNOWLEDGMENT BY TOWN OF HILLSBOROUGH STATE OF NORTH CAROLINA COUNTY OF I, a notary public in and for the aforesaid county and state, certify that appeared before me this day, and acknowledged that he/sheoislly Clerk of the Town of Hillsborough, a municipal corporation, and that by authority duly given and as the act of the Town, the foregoing agreement was signed in its corporate name by its Town Administrator, sealed with its corporate seal , and attested by (him or her) self as its said Clerk. This the day of , 19 Notary Public My commission expires: -13- 'S 24e ATTACHMENT A Service Area Boundary Description Beginning at the southwest corner of the Eno River State Park property, as recorded in Deed Book 271, Page 701 and 702, and also being Parcel 5, Tax Map 18, Eno Township, Orange County, and running in a southwesterly direction a distance of approxi- mately 11,500 feet to the northwest corner of the Eno River State property, as recorded in Deed Book 244, Pages 1069 and 1070, Plat Book 18, Page 162, Orange County, said point also being on the southern right-of-way line of Highway U. S. 70; thence along the boundary of said Eno River State Park property the following courses and distances: S 1° 301 M a distance of 859 feet to a point; thence N 87° O• M a distance of 1578 feet to a point; thence N 7. 101 E a distance of 58.8 feet to a point; thence N 80° 15' W a distance of 1700 feet to a point; thence S 4° 01 M across Highway I-85 a distance of approximately 1700 feet to a point, a corner of tract 18 of the Duke property; thence in an easterly direction a distance of approximately 617 feet to a stake in the southern right-of-way line of the Southern Power Company; thence in a southeasterly direction along said right-of- way line a distance of approximately 2950 feet to a ridge point located approximately 1700 feet northwest of University Station Road; thence along the ridge line in a southwesterly direction a distance of approximately 1000 feet to the centerline of the Southern Railroad; thence in a southeasterly direction along the centerline of said Southern Railroad a distance of approximately 1550 feet to a point 200 feet west of the western right-of-way of University Station Road; thence running 200' west of and parellel to the western right-of-way of University Station Road a distance of approximately 6000+ feet to the center line of Southern Railroad; thence along the centerline of said Southern Railroad in a southwesterly direction a distance of approximately 3500 feet to ridge point that is approximately an elevation of 550 feet above sea level , said point being the end of the service area boundary line. 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Q i ,� `J J �i;.�J L� ,;�-. ,�`�..,,r�. 1�f1,*}�N� V`l/'/�L,�f/ .. - ja' 1r(J`I I 1" ���yY/�~�I\ ,�G•`•V�F_ _. -.71h, i N..., • - • .., _di, , ,...-..-N,. .-.4., ■.;.,. r...\,.., f-it ti• ♦ .r. ,..,Vii' .1. r1 y/:.":•-7'S .:-;1 ` ..a--.e -2— c A r- -„a-z___.17---'.`•r",n -tilizi-, trErrig %. ,---file._---fr----'.----*i Nr-"74 , -",. ..,„.. •,) Wi,,,,,- ,.- --, pi .17‘ #,`.1100 -7: 1-., i 1.0-b ,i,) jer.Lt-- -_, v,-------i-:-. -1?) 0-4,-,5 Cr it::::::r. , Jji44ii A• A�r art M _ "e• "�,"� " ,* ` T2oPosED WATER AM) 5CM 1:240:0 too- 1w ' w .. „ 3At�1rTARY 3ElpsER. '� �- �. a� 3ERvICE. AREA s -- . - 25L -_ _ TOWN OF HILLSBOROUGH WATER BOND ELECTION Bond Election Date: Tuesday, August 18, 1987 Eligible to Vote: All registered voters of Hillsborough Bonds to be Voted On: $1,095,000 Water Bond for Durham Water Pipeline $1,065,000 Water Bond for Northwest Water Tank Need for Durham Wa r te Pipeline: Hillsborough faces a water shortage. Our reservoir, Lake Ben Johnston, is small and unable to meet even our current needs. We receive supplemental water from Lake Orange, but Hillsborough's future water needs cannot be met entirely from Eno River sources. The Eno River is providing about all the water it can safely yield until a new res- ervoir is built. If Hillsborough is to meet the water needs for its anticipated growth during the next ten to fifteen years, an additional source of water supply must be secured. Need for Northwest Water Tank: There is inadequate water pressure in the northern portions of Hillsborough. In some areas, water pressure to residences is poor. In the case of Orange High School,- there is inadequate pressure and volume to fight a major fire. State authorities have refused to approve new connections in certain areas until water pressure is improved. Benefits of Durham Water Pi eline: In dry times like last year - or whenever needed -up to 2 million gallons per day of treated water can be pumped from Durham to Hillsborough. This available supply of 2 million gallons per day will be an important supplement to Hillsborough's current water supply during the 10 to 15 years required to plan and build a new reservoir: 251 Benefits of Northwest Water Tank: Residential and other areas in the northern part of our community which have for years suffered from low water pressure will have their water pressure greatly improved. This includes the Orange High School area. There will be adequate water supply for fire protection in northern areas which have inadequate supply now. Water pressure and fire protection will be improved in central Hillsborough as far south as Queen Street. The 1/2 million gallons of water in the new tank will represent a significant increase in the town's total quantity of treated water storage. This would be important in the event of an emergency temporarily stopping the town's water treatment process - an emergency like loss of electric power or last summer's unauthorized opening of the dam at Lake Ben Johnston. Construction of a 12" water main from the treatment plant to the new water tank will include installation of additional fire hydrants and will improve the effectiveness of existing fire hydrants-in West Hillsborough. • 25 Some Questions Q. When will construction begin? A. Final engineering work will begin right after a favorable vote on August 18, and construction should begin by February, 1988 Q. When will construction be completed? A. Completion is estimated for November, 1988 Q. Why not use the $1,095,000 to help pay for the new, large reservoir we need for a permanent water supply — rather than for the Durham pipeline? A. The Town Board strongly supports action on construction of the reservoir. However reservoirs take ten to fifteen years to plan and build. Hillsborough needs more water during this 10 to 15 year interval. And the people of Hillsborough need to be protected against the threat of another drought like the drought of 1986 —or worse. Q. Will properties beside the Durham pipeline be allowed to tap into the pipeline? A. In the interests of good planning and a continued harmonious relationship between the two municipalities, the contract between Hillsborough and Durham defines a "service area" boundary approximately halfway between Hillsborough and Durham. The territory east of this boundary will be Durham's service area, and the territory west of this boundary will be Hillsborough's service area. Each municipality will have control of water taps in its service area. Durham's Urban Growth Policy generally restricts taps to the vicinity of the 'city. Hillsborough has not yet set a policy regarding taps on its portion of the pipeline. Q. When adjoining properties tap on to the Durham portion of the pipeline, will Hillsborough receive any payment toward the cost of the pipeline? A. Yes. Durham will charge an amount per front foot and then make a payment to Hillsborough. The total amount of such payments to be received by Hillsborough is impossible to predict, but as payments come in they will be applied to payment of the debt on the water line. Q. Will Durham tap—ons reduce the amount of water available to Hillsborough to less than 2 million gallons per day? A. No. 25� Q. How much will Hillsborough have to pay for Durham water? A. Seventy--five percent (75%) of Durham's inside-city water rate. (This formula will hold good even though Durham may change its rates from time to time.) • Q. Will Durham water be raw water or treated water? A. Treated water. Q. Is the water pipeline entirely a Town of Hillsborough project? A. Yes - in cooperation with the City of Durham. A "yes" vote by the people of Hillsborough will move the town forward to solve - on its own initiative - an important community problem: not enough water. • Q. Will the bond issues cause an increase in taxes? A. No. It is Hillsborough's policy and custom to use Water and Sewer Fund revenue to pay debt service on water or sewer bonds rather than using taxes. Q. Won't the questions on the ballot give the town the right to use tax money to pay debt service? A. Yes, because North Carolina law requires this language. Q. Will water rates go up to pay the debt service? A. No rate increase is anticipated anytime in the next two years. Debt service on both the water line and water tank are already included in your water bill. Q. What size will the Durham water pipeline be? A. Part 16 inch and part 12 inch. Q. Will voters vote separately on the two water bond issues? A. Yes. Q. Does either project - the Durham pipeline or the water tank - depend upon the other? A. Yes. Early in 1986 - before the drought - the State clearinghouse declined to approve the water tank project alone, citing additional water supply as Hillsborough's priority need. The water tank project must be delayed indefinitely until adequate water supply is available. • Q. Has the State of North Carolina concurred in the need for the water tank? A. Yes. A state agency has criticized the low water pressures in northern Hillsborough. 254 Q. Can some state money: be used for one or both of these water projects? A. Yes. All of the available state money - $61,172 from "Senate Bill 2" - has been designated by the Town Board for the water tank project. Otherwise the $1,065,000 bond issue would have had to be higher. Q. Hillsborough already has a water line connecting our system with that of the Orange Water and Sewer Authority (OWASA). Why don't we buy water from them? A. The Hillsborough-OWASA line was built in 1977 by OWASA to ' supply them water during dry periods. Hillsborough has done so every summer since 1977. OWASA is now installing a pump whereby they can pump water to Hillsborough if needed. Until OWASA's new Cane Creek Reservoir is completed, they are equally short of water. Pipeline capacity between Durham and OWASA is not sufficient to satisy OWASA's needs during dry seasons and also Hillsborough's needs. 1 After Cane Creek is completed, Hillsborough may need to buy water from both Durham and OWASA. It's not "either/or". Rather, both water lines are needed. Q. Instead of getting water from Durham, couldn't we buy from Mebane, Graham or Burlington? • JJ A. Representatives of each of these water utilities were contacted about water for Hillsborough during the 1986 drought. They devoted a great deal of time and attention to Hillsborough's need, but in each case problems prevented consummation of an agreement. Only Burlington had then and has now sufficient water to meet its own needs in time of drought and still have a margin of safety. To get water from Burlington would require construction of a new pipeline. To the extent that price was discussed, it appears that if water should later become available from any of these utilities the price would be higher than for the Durham water. Q. What is Hillsborough's water consumption? A. Water consumption is averaging approximately 1.3 million gallons per day. Q. Who can vote in the August 18 bond election? A. All registered voters of Hillsborough. Q. Are absentee ballots accepted? A • Yes. They will be available at the Board of Elections from • July 17 through August 11. • OFFICIAL BALLOT SPECIAL BOND REFERENDUM TOWN OF HILLSBOROUGH, NORTH CAROLINA 25�. August 18, 1987 Instructions 1. To vote in favor of an order make a cross (X) mark in the square to the right of the word "YES". 2. To vote against an order make a cross (X) mark in the square to the right of the word "NO". 3. If you tear or deface or wrongly mark this ballot, return it and get another. 1. Shall the order adopted on June 8, 1987, authorizing not exceeding $1,095,000 Water YES. . . Bonds of. the Town of Hillsborough, .North Caro- • - • ling, for the purpose of providing funds, • • . with any other available funds, for enlarging, extending and improving the water NO. . . system of said Town, within and without the • corporate limits of said Town, including the • • installation of a transmission line between said Town and the City of Durham in order to supply additional water to said Town, a pumping station, water mains and lines and the acquisition of any necessary land, rights of way and equipment and authorizing the levy of taxes in an amount sufficent to pay the principal of and the interest on said bonds, be approved? 2. Shall the order adopted on June 8, 1987, authorizing not exceeding $1,065,000 Water YES. . • Bonds of the Town of Hillsborough, North • Carolina, for the purpose of providing funds, • • • with any other available funds, for improving the water system of said Town, within and NO. . . without the corporate limits of said Town, • including the construction of an elevated water storage tank, a pumping station, the installation of a water main and the acquisition of any necessary land, rights of way and equipment and authorizing the levy of taxes in an amount sufficient to pay the prin- cipal of and the interest on said bonds, be approved? [Facsimile of signature) :'-'a'-"man =f thc Orangc cunt), A6ard of ;inti I? •AOwN4 WOCO.q/E WOA. C ENTEN.NEw VOgK.N.V.`IaC4I -- O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 18, 1987 Action Agenda Item # GS SUBJECT: PROPOSED WATER/SEWER POLICY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Planning Director 5-13-87 Memorandum Proposed Water/Sewer Policy Proposed Financial Participation Policies Planning Director 8-12-87 Memorandum Harding Hughes 8-7-87 Letter Everett Billingsley 8-7-87 Letter T.J. Forrest 8-10-87 Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a proposed water and sewer policy for Orange County. BACKGROUND: The Board of Commissioners asked the Planning Board to prepare recommendations concerning a water and sewer policy for Orange County. On May 13 , 1987 , the Planning Director presented background information regarding a policy draft to the Natural Resources Subcommittee of the Planning Board. Policy considerations were grouped under six topical headings, including the following: 1. Water Supply 2 . Delineation/Protection of Watersheds 3 . Sewage Disposal/Alternative Systems 4 . Delineation of Water/Sewer Service Districts 5. Evidence of Service Capability/Capacity 6. Financial Participation Financial participation was deleted from consideration by the Planning Board, since the County Manager, Finance Director and County Attorney were to prepare a policy draft for the Commissioners review and approval. Additions prepared abynthentNaturalheResources Director' s draft • Subcommittee were and were p p 2 5'� presented to the Planning Board on June 9, 1987. The Planning Board approved the proposed water/sewer policy with only minor wording changes (see attached policy proposal) . The Planning Board Chair has subsequently recommended that a public hearing be held as soon as possible on the proposed policy to receive utility provider and citizen comment. Another purpose is to incorporate the proposed policy into the Land Use Plan. Copies of the proposed water/sewer policy were sent to all public and private utility providers serving Orange County for review and comment. A proposal has also been drafted by the Planning Director which addresses the basis for County involvement in water/sewer extensions and an approach to financing such projects. The Interim Manager and County Attorney met on August 12, 1987 with the Planning Director to review the proposal. Due to the absence of the Finance Director, additional review and refinement of the proposal were considered necessary. RECOMMENDATION: The Manager recommends that the Board receive the proposals as information and schedule a public hearing on the proposed water/sewer policy for September 15, 1987. Proposed revisions to the financial assistance policies can be presented to the Board at its September 8, 1987 meeting. O R A N G E C O U N T Y 256 INTEROFFICE MEMORANDUM 8704-1610 TO: Orange County Planning Board FROM: Marvin E . Collins, Plar,ning Director SUBJECT: Water/Sewer Policy DATE: May 13, 19E7 COPIES : Ken Thompson, County Manager Geoffrey Gledhill , Cour-y Attorney The Board of Commissioners have asked the Planning Board to prepare recommendations concerning a water and sewer extension policy for Orange County . As an initial step , I have compiled adopted and draft policies, by topical t:eadinc, for your consideration. After each policy statement is an abbreviation, indicating the source. The index of abbreviations is as follows : LUP Land Use Plan ZO Zoning Ordinance WSP Draft Water/Sewer Extension Policy SR Subdivision Regulations Please review this material and note those policies which should be expanded, clarified or deleted . Note also policies which are absent from the list. ( 1 ) Water Sup; ly ( a) Provide clean and safe water supplies available and adequate to meet future needs of the residents of Orange County. ( LUP) ( b) Manage Orange County ' s water supplies so that available resources are balanced with existing and projected needs. ( LUP) (2) Delineatio-/Frc'.;+_ion of y:_;erskeds ( a) Designate prime reservoir sites, based on an evaluation of water resources throughout the • County, to protect those areas from adverse development impacts and to insure That inappro- priate restrictions are not placed on a large population of the land area and land resources �f the County. ( LUP) ( b) Adopt and implement policies which specify land use i it'J INTEROFFICE MEMORANDUM: 8704-1810 Water/Sewer Policy May 13, 1967 Page 2 patterns and intensities of development in water supply watersheds and water quality critical areas that will minimize potential adverse impacts on water quality . ( LUP) . ( c) Support programs which help to protect water quality, such as the Soil Conservation Service and Sedimentation and Erosion Control Programs. ( LUP) ( d) Encourage efforts to monitor the quality of water in Orange County streams . ( LUP) (3) Sewage P w_.Dosal /Alternaf ive Svster.:s ( a) Provide adequate and appropriate sewage disposal facilities for all current and future residents. ( LUP) • ( b) Identify the type of sewage disposal facilities appropriate for an area as a function of the magnitude of present and future demand ; the distribution of users; and the capacity of the natural environment to absorb The impact. ( LUP) ( c) Develop a process to ensure that buyers of property in the County are fully informed about the on-site sewage disposal characteristics of the sites on their property. ( LUP) ( d) Allow on-site disposal in low-density and rural areas where soil conditions are acceptable. In rural areas with unacceptable soils , State-approved on-site sewage disposal systems will be required. ( LUP) ( e) Facilitate the use of alternatives to the • traditional septic systems on land unsuitable for septic tanks and not served by public sewer. Elimination of administration and informational barriers to the use of safe, sanitary alternative on-site disposal systems within the County should be encouraged. ( LUP) ( f ) Allow ground absorption sewage disposal systems of 3000 gallons per day or more cesign capacity and • package treatment plants with a design capacity of 3000 gallons per day or less as appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential . ( LUP) ( g) Develop and implement a process whereby the responsibilities and uties adjunct to The 26C INTEROFFICE MEMORANDUM: 8704-1810 Water/Sewer Policy May 13, 1987 Page 3 operation and management of package sewage treatment plants are spec - fled as a requirement to the permitting process fc,r such facilities . ( LUP) ( h ) Prohibit package sewage treatment plants in the areas designated Water Su,.ply Watershed . ( LUP) ( 1 ) Establish an on-site wastewater treatment inspection program wi `h, in the portions of water supply watersheds designated as Water Quality Critical Areas . ( LUP) ( J) No permitted use in any district shall discharge any waste contrary to the provisions of G. S. 130- 160 . (Z0-6 . 14 . 10) • ( k) No permitted principal use, special use or accessory use shall discharge into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that cannot be treated by biological means . (ZO-6 . 14 . 10 ) ( I ) Ground absorption systems with a design capacity of 3, 000 gallons per day or more and package treatment plants for sanitary sewae disposal are expressly prohibited in the AR districts and Rural Buffer districts as shown in the Land Use Plan except as may be approved through a Special Use Permit or a Planned Development District. (20-6 . 20) (4) allfteetion of Weter/5gw'er S @'-'' ce D i s+r i cts ( a) Provide water and sewer sines in those areas which can be practically and efficiently served by these facilities . (LUP) (b) Develop and implement a cooperative joint planning process among the County municipalities and those organizations responsible nor water and sewer lines to guide the extension of lines in accordance with the land use plans and policies of the affected jurisdictions. ( LUP) ( c) Establish Urban Service Areas for Chapel Hill , Carrboro, Hillsborough , t-',ebane and DL 'hem which will correspond with t- e 10-year a- d 20-year Transition Areas . Water z. ' d sewer lines should be directed to those areas which contain and are appropriate for highs- density levels of residential , commercial and industrial development. ( LUP) G INTEROFFICE MEMORANDUM: 5704-181 Prater/Sewer Policy May 13, 1987 Page 4 ( d) Identify ( seller) service by centralized water and sewer systems (Towns cf Hillsborough and Mebane-, Orange-Alamance Water Sys-ems Incorporated and Orange hater and : ewer Authority) as most appropriate at the higher-density levels which occur in the Urban and Transition Areas . ( LUP) ( e) Prohibit the establislment of public water and sewer services in the areas designated Water Quality Critical Area, except to address emergency • situations . ( LUP) ( 5 ) Evidence of ( a) Urban services, including water distribution and sewage collection mains , a' : not likely within 10- 20 years . (Z0-4 .2. 1 ) ( b) Water and sewer lines ould exist at the site or be - assured of installet n as part of the develop- ment process . (Z0-4 .2 . 4 ) ( c) Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal . (20-4 .2. 9) (d) In cases where the ccr- letion and development of the subdivision would rcuire permits granted by an agency, that agency s -. all officially approve by certificate or permit -he subdivision proposal . ( SR- III -D-4-e) ( e) Plans for a proposed public or community sewage system shall be approve( by the Health Department Director o- the Division of Environmental Management of Natural and Economic Resources, whichever is approprit--e. Said system shall be completed according to -7.e approved plans, provided that where said improver-,nts are to be installed or constructed subsequent -c the approval of the Final Plat, plans and c : ec i ` i cat i ons for said improvements shall be a: Droved by the appropriate agencies and references -o said improvements , shall be made a part of the Final Plat as provided in Section IIl -E -d hereir- . ( SF.-V-C-1 -a) ( f ) Plans for prccosed corgi-:: nity water supply systems shall be approved by the Health Department Director or by the Division of Heal -h Services , Department of Human Resources, whiz.:-,ever is appropriate. ( Requirements for app^c 'al of plans same as for proposed public or comm.,. nity sewage systems . ) INTEROFFICE M_MCF,.A CUM: 67C4-1E70 2b.: Water/Sewer Policy May 13, 167 Page 5 ( SR-V-C-1 ) (6 ) Finarc a ! Py iDYtion ( a) A request for funding for water and sewer utilities under the terms of this policy may be made by any individual , agency, corboration or any municipality within Orange County . AlI requests shall be made to the County Manager ' s Office accompanied by the required application mc-erial . ( WSP) Upon receiving a request for water or sewer utilities, the County Manager will gather the followinc information : - A map End brief report identifying existing and anticipated areas c• development that could be served by the recuested water or sewer utilities . - Approximate additional cost of installing oversized utilities -o serve the development in the area of the proposed project . - Signed statement of te water or sewer service provider to whose system the requested utilities will be connected, stating their willingness to serve the proposed p-eject as well as any other antic ' _ted development in the area specified by the Cc :.r.-v. The statement should attest to their capabHH ; ties for meeting all the required needs of utility services for the project including foreseeable expansion as well as other existing and potential developent specified by the County in the area of the ;,reject . (WSP) (2) It shall be the policy cf Orange County to fund major water and sewer utilities to a reasonable paint a ; cng the property line of an approved project, within the 1 : m tetions of available funds . Major water and sewer extensions are defined as projects outside of existinc service areas where pipe sizes greater than eght ( 6} inches in diameter E-e extended more tttn 750 feet beyond existing facilities . ( WE?) in selectinc projects -o be funded, the following criteria wiiI be used. Any project must; - Ee in conf ormance with the Crange County La- d Use Plan . • - Be outside a protected watershed or where • 264 INTEROFFICE MEMORANDUM: 8701 -1510 Water/Sewer Policy May 13, 1987 Page 6 proposed to be within a protected watershed, be able to show the proposed dev,, opment is compatible with maintaining water quality . - Have the proper zoning at the proposed site. - Improve job opportunities available to Orange County citizens and especially for women and minorities . - Provide • jobs above the prevailing Mare scale in the County . - Not place an inordir,ar.,t demand on County services such as schools , fire and police protection . - Provide a significant Increase in the County tax base. ( WSP) (3) It is the policy cf Orange County to es-eblish and maintain a fund for the purpose cf either financing or paying for water and sewer exrElnsicns to approved projects . Utility extensions constructed by Orange County will be leased to the cevelopment for which they are constructed . ( WSP) • (4) Orange County will fund project e=ngineering studies, easement acquisition, wat r and sewer lines including pipe and ancillary equ ' pmen- such as water pumps, sewer pumps, valves, pu::,p houses, fire hydrants, and water and sewer treatment plants as well as the cctuel construction of these utilities. Where a project is approved but funding is not immediately available, it will t- placed on a priority waiting list based on its approval date . ( WSP) (5 ) Orange County / s financial participation for approved projects shall not exceed the estimated increase in ad ve : orem tax yields from the project in the six years following its cornp ! etion. The method of calculating the ceiling or County funding of any one project should not be Construed as establishing the eligibility of a project for funding or the me-hod of repayment to t..e revolving fund. The following is a sample calculi- ; on. 51 , 400, 000 - Estimated value of lend and building 128 , 000 - minus land value S1 , 272,000 - Estimated value of buildincs $ . 544/5100 - Valuation tax rate 6, 920 - Tax re-urn from each project year 41 , 518 - Participation by County or tax return INTEROFFICE MEMORANDUM; 57OL-1E10 Water/Sewer Policy 264 May 13, 1957 Page 7 for six years equals maximum County funding For approved projects, •Ora- ce Courty shall pay all costs up to the Iimits s- c-ed above at no cost to • the developer except in the case of a lease agreement. In such cases, the terms of the lease shall include recovery of all County costs plus interest within six years after utilities are turned on . ( WSP) ( 6 ) It shall be the policy c; Orange County to have title to any water and newer utilities which it funds . (WSP) (7 ) A fee schedule for tap—ons will be developed. Where properties along a Coln-y—owned portion of a utility extension wish to tsp—cn to the utility, an assessment fee shall be ci,:.rged in addition to a tap—on fee. The assessment ft-e shall be determined by the Board of Commissioners and based on acreage and/or front footage served . The owner of a large acreage tract or bona fide farm may select one acre, usually surrounding his cr her house, to which the assessment formula will be applied . If later the .:roperty is subdivided, the formula will be app " ed and charged for the remainder of the tract. ( WSP) ( 6) It shall be Orange County T)olicy to require that when a County—financed ware- or sewer extension is connected to a municipally—owned and operated water or sewer system, then the municipality shall enter into an agreement with the :oun7y providing that in the event the project served is annexed by the municipality, it shall pay —o the County any County share of the project n;,t recovered by the development . (WSP) ( 9) It shall be the policy of Orange County to require that water and sewer utilities will be •built to the standards and specifications •of the municipality, private association or wale-- cr sewer authority to whose system they are connected . ( WSP) ( 10 ) Water and sewer utilities extended to a development under this policy shall be of such design and size to serve not only that development but also any existing or anticipated development within the area of the development. _ The additional capacity to be installed at the time of . ne extension to a LL' INTEROFFICE MEMORANDUM: 8704-1810 v ater/Sewer Policy May 13, 1987 Page 8 development shall be based on rood engineering practice and shall be determined ty the long-range plans of the utility system to which it is connected in conjunction wit assessments of potential growth and service need in the area as determined by Orange County . (h'SF) ( 11 ) If an industry intends to use revenue bonds, it should give notice of intent to apply to the Orange County Industrial Facilities and Pollution Control Authority . (WSP) Marvin Collins Planning Director • . 1 _ ME"C P A';D U" 266 • TO: Ken Thompson , County Manager FROM: Marvin E . Col l i ns, Planning Director SUBJECT: Water/Sewer Policy DATE : June 17 , 1967 COPIES : Barry Jacobs , Planning Board Chair On May 13 , 1967 , the Natural Resources Subcommittee of the Planning Board met in the Planning Department to consider a draft water/sewer policy for Orange County as related to land use planning issues . Listed below is the proposed policy statement as recommended by the Natural Resources Subcommittee , including minor wording changes made by the Planning Board at its June 9 , 1987 meeting . Also included are the goals on which the policy statements were based . After each goals statement is an abbreviation, indicating the source. The index of abbreviations is as follows : LUP Land Use Plan 20 Zoning Ordinance SR Subdivision Regulations As indicated above, the Planning Board considered the proposed policy draft on June S , 1967 . The Board recommended approval as outlined below. A. Revise section ( 1 ) Water Supply to read as follows : ( 1 ) Water Su^r l v/Sewane D i sncU i The Planning Board recommends that Orange County take an active role witn its municipalities and surrounding jurisdictions in developing and managing water supplies and sew, aoe disposal on a local and - regional basis . The Planning Board further recommends that Orange County meet its water supply and sewage disposal needs in a manner consistent with existing acricultuel , water Quality critical area, environmental protection and buffer policies . These recommendations are based on the following goals : ( e) Provide clean and safe water supplies available and adequate to meet future needs of the residents of Orange Cour.-y . ( LUP) ( b ) Identify , develop and manage Orange County ' s weer supplies so that available resources are .� INTEROFFICE t'EMORANCU' : S7C5- 1f;20 1-1 ( Water/ Sewer °o l ! cy June 17 , 1cO.7 Pace 2 balanced with existing and projected needs on a local and regional basis . ( LUP) B. Revise Section ( 2 ) Delineation/Protection of Watersheds to read as follows : ( 2) Del ineat i on/Protect i on_= Wate sh.pd+s The Planning Board feels that watershed protection should be Given high priority status in the Land Use Plan update, particularly since Orange County has historically been in the forefront of watershed protection. Consistent with this tradition, the Planning Board recommencs that adequate watershed protection standards be established in unzoned portions of the county . The delineation and protection of such watersheds has been partially addressed in the Land Use Plan and will be further in the Plan update. However, There is an immediate need to establish a policy extending watershed protection standards to watersneds regardless of zoning classification . This recommendation is based cn and in support of the following coals : ( a) Designate prime reservoir sites , based on an evaluation of water resources throughout the County, to protect those areas from adverse development impacts are to insure that inappropriate restrictions are not placed on a large population of the and area and land resources of the County . ( _UP) ( b ) Adopt and implement policies which specify land use patterns and intensities of development in water supply watersheds and water Quality critical areas That will minimize potential adverse impacts on water quality . ( LUP) ( c) Support programs which nep to protect water quality, such as the Soil :.onservation Service and Sedimentation and E rosion Control Programs . ( LUP) ( d) Encourage efforts to monitor the Quality of water in Orange County streams . ( LUP) C. Revise Section ( 1) Sewage Disposal /Alternative Systems to read as follows : INTEROFFICE r.7r"GPAmDL!: F7C'5-1F2O 26 dater/ Sev:er Policy DD June 17 , 19E17 Page 3 ( 3 ) Seven& Dis.posF /Altern.ctly_ .�4, `gms To insure adeo;. zte and appropriate sewage disposal facilities for all current and future residents , the Planning c;oard recommends that the use of private commur. : ty treatment systems be discouraged as a means o= sewage disposal throughout Orange County, and tha- they be allowed only in situations where clustering is followed and/or only through Special Use Permit or Planned Development approval procedure . To provide for the protection of designated water supply watersheds, the Planning Board recommends that Orange County establish and fund, in coordination w ' th other agencies, a program of monitoring Ovate- quali -y in Orange County streams . Furthermore, Grange County should establish an on- site wastewater treatment inspection program within the portions c= water supply watersheds designated Water Quality Critical Areas . To provide for and assist in the implementation of the above recommendations , the Planning Board recommends that the County staff be directed to identify the type of sewage disposal facilities appropriate for an area as a function of the magnitude cf :.resent and future demand ; the distribution of users ; and the capacity of the natural environment to absorb the impact . These recommentc- ions are based on and in support of the foliowir: goals : ( a) Provide acequate and appropriate sewage disposal facilities for all current and future residents . ■ LUP) ( b ) Identify he type of sewage disposal facili ties appropriate for an area as a function The magnitude of present and future der,a.ld ; the distribution of users ; and the caaaci -y of the natural environment to absorb the impact. ( LUP) ( c ) Develop a : -ocess to ensure that buyers of property ' n the County are fully informed about Tre on-site sewage disposal charecterir- ics of the Sites on their property . L. UP) ( d) Allow on-site disposal in low-density and 2E7�` i ? TERCFF 1C r'EMORANDUF' : 57O5- 1F70 Water/ Sewer Policy June 17 , 1gfl7 Page 4 rural areas where soil conditions are acceptable. In rural areas with unacceptable soils , State-approved on-site sewage disposal systems will be required . ( LUP) ( e) Facilitate the use of alternatives to the traditional septic systems on land unsuitable for septic tanks and not served by public sewer . Elimination of administration and informational barriers to the use of safe, sanitary alternative on-site disposal systems within the County should be encouraged . ( LUP) ( f ) Allow ground absorption sewage disposal systems of 3000 gallons per day or more design capacity and package treatment plants with a design capacity of 3000 gallons per day or less as appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential . ( LUP) ( g) Develop and implement a process whereby the responsibilities and duties adjunct to the operation and management of package sewage treatment plants are specified as a requirement to the permitting process for such facilities . ( LUP) ( h ) Prohibit package sewage treatment plants in the areas designated Water Supply Watershed . ( LUP) ( i ) Establish an on-site wastewater treatment inspection program within the portions cf water supply watersheds designated as Water Quality Critical Areas . ( LUP) ( j ) No permitted use in any district shall discharge any waste contrary to the provisions of G . S . 130- 160. (Z0-6 . 14 . 10 ) ( k ) No permitted principal use, special use or accessory use shall discharge into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that cannot be treated by biological means . ( 20-6 . 14 . 10 ) ( I ) Ground absorption systems with a design capacity of 3 , 000 gallons per day or more and package treatment plants for sanitary sewage disposal are expressly prohiDied in the Agricultural Residential ( AR) and Rural Bufferr INTEROFFICE l'E 1CFANDL'!` E7Vc- 1 E.2" 271 Water/Sewer Policy June 17 , 1987 Page 5 ( RB) districts as shown in The Land Use Plan except as may be approved through a Special Use Permit or a Planned Development District . ( ZO-6 . 20 ) D. Revise Section ( 4 ) Delineation of Water/Sewer Service Districts to read as follows : ( 4 ) Delineation of Water/ Sewer- Sgrvi,j Dlstricts The Planning Board recommends that Orange County immediately establish as a matter of policy that It will not approve any development project to be supplied by water and/or sewer service unless located in a water/sewer service district incorporated into The Land Use Plan a.nd appropriate ordinances , following public hearing and citizen comment. The Planning Board further recommends that, except in emergency situations , Orange County neither fund nor support extensions of public or private water/sewer services outside service areas adopted as part of the Land Use Plan . Furthermore, where County funds are used , in whole or in part , to finance extensions cf such services , it shall retain some authority 70 determine the disposition of utility services provided . These recommendations are based on and in support of the following coals : ( a) Provide water and sewer lines in those areas which can be practically and efficiently served by These facilities . ( LUP) ( b ) Develop and implement a cooperative joint planninc process among the Coun;y , its municipalities , surrounding jurisdictions and u' iliTy providers responsible for water and sewer Tines tc Guide the extension of lines in accordance with the land use ' plans and policies of the affected jurisdictions . ( LOP) ( c) Establish Urban Service Areas for Chapel Hill , Carrboro, Hillsborouch, Mebane , Durham and The service area of the Orange-Alamance k'arer System which will correspond with e Th 1D-year and 20-year Transi - ion Areas . Water and sewer lines should ;,e directed to those areas which contain and are appropriate for hioher density levels of reSidential , commercial and 2711 TEROFF ICE ''P^OPANDU' F7Cf,- 1 F2C Water/Sewer Policy June 17 , 19E7 Pane 6 industrial development . ( LUP) ( d ) Identify ( sewer) service by centralized water and sewer systems ( Towns of Hillsborough and Mebane , prance-Alamsnce Water Systems Incorporated and Orange Water and Sewer Authority ) as most appropriate at The higher Density levels which occur in the Urban and Transition Areas . ( LUP) ( e) Prohibit the establishment of public water and sewer services in the areas designated Water Quality Critical Area end Rural Buffer, except to address emergency situations . ( LUP) E. The Planning Board made no recommendations to alter Section ( 5) ;\iiider;e of Service Ca,r1C i I -V/,.VarGc i tV ( 5 ) .\de rl c e of 4 �—ice i ( a) Urban services , including water distribution • and se►, ane collection mains , are not likely within 1C-20 years . ( 20-4 . 2 . 1 ) ( b ) Water and sewer lines should exist et the site or be assured of installation as part of the development process . ( 20-4 . 2 . 4 ) ( c) Lot size for individual uses shall be appropriate to The method of water supply and seweoe disposal . ( 2C-4 . 2 . 9 ) ( d) In cases where the completion and development of The subdivision would recuire permiTs cranTed by an acencv, that agency shall officially approve by certificate or permit the subdivision proposal . ( Sr,- Ill -D--4-A) ( e) Plans for a proposed public or 5°h'aoe system 5ha I I no approved community pproved by the Health Department Director or The Division cf Environmental 1.!anacemer,t of natural Economic `✓ and c resources, whichever is appropriate. Said system snail be completed according to The approved plans , provided that where said improvements are to be , tad installed or constructed subsequent to the approval of the Final Plat , plans ant specifications gar said improvemerrs shall b ..c approved by the appropriate acencies and refe-ences to said improvements shall be ran w Plat . ( S; - -C- 1 -a)a) g a Far . of e inat NTEROFF I CE ,,`rDRAr:DU„_ &7 Water/Sewer Poi fy 05- 1 4-20 June 17 , 19E7 Pace 7 ( f ) Plans for proposed community crater supply systems shall be approved by the Health Department Director or • by the Division of Health Services , Department of Human Resources , whichever is appropriate . ( Requirements for approval of plans same as for proposed public or community sewage systems . ) ( SR-V--D-1 ) ORANGE COUNTY PLANNING DEPARTMENT 27:l, HILLSBOROUGH NORTH CAROLINA 27278 a all s2 ' - O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8708-1807 TO: Albert Kittrell , Interim County Manager MV ■ FROM: Marvin E . Collins, Planning Director SUBJECT: Financial Participation - Water/Sewer Policy DATE : August 12, 1987 COPIES : Geoffrey Gledhill , County Attorney Gordon Baker, Finance Director As follow-up to our August 12, 1987 meeting with the County Attorney, I have identified some of his concerns about the draft policies for County involvement in water/sewer extensions. 1 . Orange County, through financial participation in water/sewer projects, can impose requirements which it might not otherwise be able to do through the regulatory process. 2. The memorandum which identifies the Planning Board recommendation is good as a report on recommended policy but must be restructured and put in a "policy format" . (This is to be accomplished prior to the September 15 public hearing. ) 3. Section (6) ( a) - Delete the words " line extensions" and add "supply and/or" before "treatment". Under the present wording, extensions of water/sewer lines by private individuals or corporations would not be permitted. 4. Section (6) ( b ) - The statement that "Orange County will not participate in projects which will benefit exclusively private interests" may be a deliberate restriction , but It excludes County participation projects which promote economic development; i .e . , INTEROFFICE MEMORANDUM; 8708-1807 2'? Financial Participation - Water/Sewer Policy August 12, 1987 Page 2 industrial development. If the goal is to restrict the County 's involvement to projects such as the Efland project, then the proposed financing method may be incorrect. The Finance Director needs to be present to address this concern. A general question - Does the reference to "full faith and backing" refer to the County backing bonds issued for water/sewer line extensions? 5. Section (6 ) ( d ) - The reference to "easement acquisitions" can have different meaning - voluntary vs. acquisition through eminent domain. Such acquisitions will depend on the type of project involved ; i .e . , a project such as the Efland project may require the use of eminent domain. 6. Section (6 ) ( f ) - Where County funds are repaid for projects outside a service area and title is granted to the utility provider, conditions may still be attached to the transfer of title. An example is that connections or uses must be limited in such a manner to be consistent with the Land Use Plan. 7 . Section (6 ) ( h ) - Reference to lines being sized to serve existing or anticipated development may not be needed if a policy is adopted on limiting the use of such lines. 8. Section (7 ) ( d ) - This section may be deleted if a policy is adopted which states that the County will retain ownership of lines which it funds. 9. Section (7 ) ( f ) - References to "availability fees" vs. "assessments" may be deleted . One reference may be substituted - "access and availability fees" . 10. Section (7 ) (g ) - The provision which requires that a municipality pay the County share if annexation occurs is another example of a condition which could be attached to address a transfer of ownership situation . Please review these comments for accuracy. A subsequent meeting, with the Finance Director is necessary. A revised version may be presented to the Board at its September 8, 1987 meeting. If you have questions, please advise . . D ill) 27h _ ADDITIONS TO PROPOSED WATER/SEWER POLICY (Note : Underlined provisions are suggestions by Ken Thompson ) Draft: 7/31/87 (6 ) @ aal5._fQi_CQUntX_1nY�lYemaat_ia_Wateta.e. ec_ExtaaalQUa ( a) A request for funding water and sewer utilities under the terms of this policy may be made by any individual , agency or corporation or any municipality within Orange County; AcQYidadL hcatexecs_QLange__QQUaty_xili_euiet_intQ_tatecLaatec line_extanalsm_aad__t Laatmeat_agceemants__Qnl _xith RulzliQ_hQSilea . All requests shall be made to the County Manager 's Office accompanied by the required application material (WSP) . 911__agRltaatlaaa_must__te_Qa__file._ia__the__QQUaty. Maaagec15.__Offlae_in_adY.aaca__Qf__the_atact_Qf__the Ladget_Rtaceaa_LEahcUatx_li . Upon receiving a request for water or sewer utilities, the County Manager will gather the following information : - A map and brief report identifying existing and anticipated areas of development that could be served by the requested water or sewer utilities. - Approximate additional cost of installing oversized utilities to serve the development in the area of the proposed project. - Signed statement of the water or sewer service provider to whose system the requested utilities will be connected, stating their willingness to serve the proposed project as well as any other anticipated development in the area specified by the County. The statement should attest to their capabilities for meeting all the required needs of utility services for the project including foreseeable expansion as well as other existing and potential development specified by the County in the area of the project. (WSP) Sb.Z__lt_attall_ha_the_galic _Qf_Qcaage_QQUaty_AQ_ceatcict ita_laxeatment_aad_full_taith_and_ctedit_hacLing_tQ RLQleata_>y.hich_hate__a_celatlQa_ta_aafaguaLdiag_tha Ruhlic__healthu_cafe.tic_and__ge necal_italface,._Qtaag.e QQUat�c__X111_,�aQt_�.Racticigats___ln__Rcnlecta�._�ctll beset if__axe.lualYal�c__RclYate___latacaete�__reulalic exaeaditucea__shall_fucthaL_ha_limtted._ta__gcajacta in_aaacQYed—setK Ica_aceaa_L10._21_IcaaaltiQa__Aceas. E cIT 2 7 E. deagaated_Qn_the_Land_Us e_21aa1_and.Loc__iQc__whtah >xhiah_theca_ta_CQUaU_fundlag_ceatacm .ihtlitx . ►►Khece_a_Ruhlia_La.allltx_la_ta__he__aacxedz__adxunae 4p1m2 .al__af__tha__Boacd__a__CQmmtaaloneca__Qn_the clung__af__the__Laailitx_and__Caun _RacttatgatLoi shall_Ise_ahtatned.,_Ihe_exteat_a_Count _1nYQixemeat s.hall_he._limned__In__auah__inatanQea_tQ_the_axtent that_the_f;3Q1111X__kill_haaeflt__the,�_ceeldents.__Qf Qcaaga_QQUaty_ . (c) It shall be the policy of Orange County to fund major water and sewer utilities to a reasonable point along the property line of an approved project, within the limitations of available funds. Major water and sewer extensions are defined as projects where pipe sizes greater than eight (8) inches in diameter are extended more than 750 feet beyond existing facilities. (WSP) In selecting projects to be funded, the following criteria will be used. Any project must: - Be in conformance with the Orange County Land Use Plan. - Be outside a protected watershed or where proposed to be within a protected watershed, be able to show the proposed development is compatible with maintaining water quality. - Have the proper zoning at the proposed site. - Improve Job opportunities available to Orange County citizens and especially for women and minorities. - Provide jobs above the prevailing wage scale in the County. - Not place an inordinant demand on County services such as schools, fire and police protection . - Provide a significant increase in the County tax base. (WSP) (d ) Orange County will participate in the funding of project engineering studies, easement acquisition, water and sewer lines including pipe and ancillary equipment such as water pumps, sewer pumps, valves, pump houses, fire hydrants, and water and sewer treatment plants as well as the actual construction of these utilities. (WSP) (e ) Where a project is approved but funding is not immediately available, it will be placed on a priority waiting list based on its approval date. (WSP) • 7 � 2 IF If It shall be the policy of Orange County to have title to any water and sewer utilities which it funds ; ¢ta ldedL__hQ>xaxecL_s.uch_title_ahall_QalX_he cestulted__sthete__watacLaawac___linea__aLe__axiended baximd__the__a xis.tiag__utilltx__aeLxica__atea__Qf_a mealalAa1.4_nc_¢uhliaJ4mgli aad__a aiem,lhace_Couat�c fuadiag__fac_pcs:Q acts.__outaide__aa_exlatina_utillty aacm.lca__acta_acs__ceaaidL_title__tQ_the_latec__aad aawac_utilitiea_shall__he__acaated_tQ_tha_mualciaal Qc_¢utzlic_a4 utem . (WSP) (g ) It shall be the policy of Orange County to require that water and sewer utilities will be built to the standards and specifications of the municipality, private association or water or sewer authority to whose system they are connected. (WSP) ( h ) Water and sewer utilities extended to a development under this policy shall be of such design and size to serve not only that development but also any existing or anticipated development within the area of the development. The additional capacity to be installed at the time of the extension to a development shall be based on good engineering practice and shall be determined by the long-range plans of the utility system to which it is connected in conjunction with assessments of potential growth and service need in the area as determined by Orange County. (WSP) (7 ) Elnan1ng_La4m2nch (a) It is the policy of Orange County to establish and maintain aa__Eatetaciaa___EuadL__ccaated__thtQUgh ttaaafac _ftQm_tha_Eaaecal_Eund for the purpose of either financing or paying for water and sewer extensions to approved projects. Ihe_GQuat _may_uae either_funda_fLQm_the_E.ntaL¢ciae_EundL_Itata_gtaata Qt_hQth_tQ_finance__Qt_gay_fQC__utllax_exteaaiona, Iha__�QUat�___>�clll__Ynsz t__1�QCLQ�c__�.mQna�c__fnt__aus:h exteaaiQnn_axcaut_in_emaLaeaag_aifiatiQas_lhece_the Ruhlia__healthL__aafat nd__ganacal__telface___11 affected . (WSP) (b ) Liasaa_a_deciaiQa_h _the_EQacd_af_CQmmieaiQaaca__that fund lag__fa c___a__gcQ1aat__ia__AKallahle__aad__that ccitetia_i sac_aaataKal__hae_heaa_metL_tha_tza.ala_iat Cauatx_Ractlaiaatian_shall_Le_aa_a_uaxztacL_haala . All__f uada__ce_Qeim ad.__thcQUah__aa_auacaxed._au=heals. achd.ule_shall_bacQma__aact_Qf_tha_EatacuLiae__Euad s.Q_aa_ta_Rtsaxida_a_caYQlYina_fuasi_fQt_the_extaaeiQa ai__KatecLaakac__utilitiea . Baaacd.laaa__afw_the aRRcQYed__method_Qf_aa4=LacLL__a11__Ra=eata__ahall include_lateteat_at_the__aame_cate__aa_chacged__fat aaaeaameata • (c) Orange County 's financial participation for approved projects shall not exceed the estimated increase in ad valorem tax yields from the project the six years following its completion . The method . 0] A\ If 27e of - calculating the ceiling for County funding of any one project should not be construed as establishing the eligibility of a project for funding or the method of repayment to the revolving fund (Enterprise Fund ) . The following is a sample calculation : $1 , 400, 000 - Estimated value of land and building _luau - minus land value $1 ,272, 000 - Estimated value of buildings $. 544/$100 - Valuation tax rate $ 6,920 - Tax return from each project year $41 , 518 - Tax return for six years equals maximum County funding ( d ) Utility extensions constructed by Orange County w ill be leased to the development for which they are constructed. In such cases, the terms of the lease shall include recovery of all County costs plus interest within six years after utilities are turned on . (WSP) (e ) A fee schedule for atut=guta_QC__EacKica_line_feaa w ill be developed. Where properties along a County-owned portion of a utility extension wish to connect to the utility, an assessment fee shall be charged in addition to the_atuh=QUt fee. The assessment fee shall be determined by the Board of Commissioners and based on acreage and/or front footage served. The owner of a large acreage tract or bona fide farm may select one acre, usually surrounding his or her house, to which the assessment formula will be applied. If later the property is subdivided, the formula will be applied and charged for the remainder of the tract. (WSP) Sf1__la__the__atca.nt__that__Qtanae__QQUat4__2aX1__fQC__Qc finaaaa__a_katacLaagac_lina__axteaded__fac_haalths aafat .__Qc_ga necal_xalfata_caaaQaaz_and_the__Lounty. flaxa_maaliQahi _atul/r_out_faaaz__an_azallab ility_fea Lather__than_aa_aaaeaament_ till__he__Qhacaad.s__Ihe azailatilltx_fea_K111_ta_taaad._Qa_tha_RLQuQCt1Qa_Qf tha_total_Qaaaci±x__Qf_tha_xatecLaewec_axatem__uaad hx_tha__RtQlaat .6a __at%a 1;3l�lllt�c_feea__Qhac�e�_k�c the_utilitx_Ar id.ac_t flu ld._alaQ_b a_aualicatie . (g) It shall be Orange County policy to require that when a County-financed water or sewer extension is connected to a municipally-owned and operated water or sewer system, then the municipality shall enter into an agreement with the County providing that in the event the project served is annexed by the municipality, it shall pay to the County any County share of the project not recovered by the development. (WSP) ( h ) If an industry intends to use revenue bonds, it should give notice of intent to apply to the Orange 11M & 17 County industrial Faci I ities and Pollution Control Authority. (WSP) 28i Mayor - aiziutu of ThUiffinruuf Frank H. Sheffield, Jr. Town Clerk Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 Supt. Water Works Commissioners Myron L. Martin James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd 1:r.J; �1, �* L.D. Wagoner Remus J. Smith �,��► REF! l E Chief of Police Rachel H. Stevens ;•rii `� . --- ' Arnold W. Hamlett *W ) Fire Chief John Forrest A August 7, 1987 Mr. Marvin Collins 306-F Revere Road Hillsborough, North Carolina 27278 Dear Marvin: On August 5 I received Albert Kittx.ell'sletter requesting comments by August 12 on a proposed county water/sewer policy. There is insufficient time for review of and comment on this proposed policy by the town board. Comment by the board would be the official comment of the Town of Hillsborough. My own reaction is that the town would concur in the general idea and philosophy embodied in the proposal. The town board wants proper san- itation and proper growth. Toward these objectives the town board a year ago authorized the develop- ment of a sewer system master plan by consulting engineers. A very early report on this master plan was presented last year at a town board meet- ing in which you were kind enough to participate and to which county commissioners and planning board members were invited. The final plan is expected shortly. Once the sewer master plan is approved I would anticipate the town being guided by it for both sewer and water purposes. It is preferable for water and sewer service to be extended together and to avoid as much as possible the extension of water lines to territory which can't be sewered. Anytime you would like to discuss water and sewer matters of mutual interest, please let me know. I would welcome your thoughts about exten- sion of the town's water and sewer system. And there might be some situa- tions where the town's ability to approve or disapprove water service could support your planning efforts. Sincerely, 1c 2 a.ti . I. Harding Hu es, Jr. cc: Albert Kitrell • 281 Orange Water and Sewer Authority 400 Jones Ferry Road OWASA I P.O. Box 366 O (� rb , t o E (919Car ) 968 oro-4421 NC 27510 August 7, 1987 Mr. Marvin Collins Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Mr. Collins: On several occasions, Orange Water and Sewer Authority (OWASA) has recommended that Orange County consider adoption of the following requirements for new development within the Rural Buffer Area and Protected Watershed Districts. OWASA reaffirms its request that the County Planning Department, Planning Board and Board of County Commissioners consider these recommendations. 1. Installation of alternating (dual) nitrification drainfield system for all new structures utilizing septic tank systems. Septic tanks typically have a design life of about 10 to 15 years; therefore, implementation of measures such as dual drainfield requirements are needed to make septic tank systems a viable, longer-term wastewater disposal option in areas where public sewer extensions are not desired by the County. 2. Construction of community water distribution systems to acceptable standards, such as OWASA Standard Specifications and requirement that if community water and sewer facilities are allowed, there be a commitment to connect such systems to the public system if it becomes available. 3. Dedication of easements which may be required to permit the orderly extension of public water and sewer easements in the event such extensions are needed in the future to alleviate a problem. This requirement should apply to all property through which an extension of a water main or sewer interceptors and mains may be needed in the future. This would facilitate the completion such extensions in an economical and timely manner. Thank you very much for your consideration of cWASA's position. Please do not hesitate to contact Patrick Davis if you have any questions concerning these issues. very truly yours, Everett Billingsley wp Executive Director cc: Barry Jacobs, Chairman, Orange County Planning Board Albert Kittrell, Interim County Manager, Orange County Robert Morgan, Town Manager, Town of Carrboro David Taylor, Town Manager, Town of Chapel Hill Roger Waldon, Director, Planning Department, Town of Chapel Hill Roy Williford, Director, Planning Department, Town of Carrboro An Equal Opportunity Employer • Orange -- Alamance Water System, Inc. o E I VI !4"7) P.O.Box 187 Winne,N.C. 27302 Me " . I ri 1i Tel.563-6212 August 10 , 1987 Mr. Marvin Collins Planning Director, Orange County 306E Revere Road Hillsborough , North Carolina 27278 Re : Water/Sewer Policy Dear Mr . Collins : Orange-Alamance Water System , Inc . acknowledges receipt of the copy of the proposed water/sewer policy to be presented to the Board of Commissioners on August 18th . Orange-Alamance is very interested in seeing that our reservoir sites in the county be protected from any adverse development that might impair their best use . Likewise , we want to see water critical areas protected from any adverse impacts on water quality . As Orange-Alamance is not involved in any sewage treatment , we can only say that we agree fully with recommendation-(a) that appropriate sewage disposal facilities be provided for all current and future residents . Orange-Alamance would like to thank the commissioners for their recent study on future reservoir sites for the county and hope they push forward on this as we are all aware of the great necess- ity for a more dependable water supply for northern Orange County to meet our present needs and future growth . Sincerely, ORANGE-A MANCE W TER SYSTEM, INC . T . li -Forrest , 14/7) Pre dent TJF : sfm O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT 28e. Meeting Date _Augult_1$:_12di_ Actionkupda Item L __ SUBJECT: WILDWOOD DRAINAGE STUDY - STATUS REPORT DEPARTMENT: PLANNING PUBLIC HEARING ____Yes _X_._ No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Planning Director 6/ 18/87 Letter Planning Director 6/23/87 Memorandum Fritz Brunssen 6/29/87 Letter Hazen-Sawyer Proposal of 8/ 11 /87 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a status report concerning drainage problems associated with Wildwood Subdivision. BACKGROUND : On June 16, 1987 the Board of Commissioners approved pre- paration of a drainage study of Wildwood Subdivision. The study would be funded by the developer, Wildwood Corporation, and would be conducted by an independent firm, selected by Orange County. The firm of Hazen & Sawyer has been contacted and has prepared a proposal for conducting the study. The developer has been notified that further building permit and subdivision plat approvals have been suspended, pending completion of the study and required drainage improvements. The agent for the developer, Mr. Fritz Brunssen, has requested that five lots ( 1158, 1160-#163 ) be released from the permit suspension inasmuch as they have been purchased by builders who have contracts for home construction . The lots drain either to roadway ditches or by sheet flow across the lots and would not have any impact on lots in Section 2 where most drainage problems have been experienced. Lots downslope are currently owned by the developer and would not be built upon until required drainage improvements were installed . RECOMMENDATION : The Manager recommends the following : 1 . Approve the proposal submitted by Hazen and Sawyer and authorize the Chair to sign on behalf of the County. 2. Authorize the Planning Department to release lots 158 284 and 160-163 for building permit purposes but withhold certificates of occupancy for the lots until the drainage study is completed and improvements are installed. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD pp HILLSBOROUGH, NORTH CAROLINA 27278 O O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8706-1808 TO: All Planning DepaM rt ent Personnel FROM: Marvin E. Collins , lanning Director SUBJECT: Wildwood Subdivision - Suspension of. Subdivision Plat Approvals/ Issuance of Building Permits DATE: June 18 , 1987 COPIES : Ken Thompson, County Manager On June 16, 1987, the Board of Commissioners voted unanimously to withhold further approvals of subdivision plats for Wildwood Subdivision until such time as a stormwater management plan is prepared, approved and implemented for the development. In addition, no further building permits are to be issued for construction within the development. This action was taken due to widespread drainage problems identified within the development and the need to correct same. Further development, either through subdivision development or building construction, will only make the situation worse. The suspension of permits and plat approvals will remain in effect until released by the Commissioners . This action does not affect any construction for which a building permit has been issued or for which subdivision plat approval has been granted. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. !FORTH CAROL! A 27278 28t June 23, 1987 Mr. James Rae Freeland c/o Apple Creek Realty Daniel Boone Antique Village Hillsborough, North Carolina 27278 Subject: Wildwood Subdivision - Drainage Problems Dear Mr. Freeland : On June 16, 1987 , the Board of Commissioners voted unanimously to withhold further approvals of subdivision plats for Wildwood Subdivision until such time as a stormwater management plan is prepared, approved and implemented for the development. In addition, no further building permits are to be issued for new home construction within the development. This action was taken due to widespread drainage problems identified within the development and the need TO correct same. Further development, either through subdivision development or building construction, will only worsen the situation. The suspension of permits and plat approvals will remain in effect until released by the Commissioners . This action does not affect any construction for which a building permit has been issued or for which subdivision plat approval has been granted. - Orange County is seeking the services of a registered engineer to prepare the stormweter management plan. You will be expected to reimburse the County for the cost of plan preparation. You will also be expected to implement the plan upon its completion and approval . While not related to the drainage problem, note that residents of the development have complained about the absence of toilet facilities for construction workers . Alert contractors working in the development that they must provide toilet facilities for workmen in accordance with 28'6 Mr. James Rae Freeland June 23, 1987 Page 2 Volume II ( Plumbing) of the N.C. State Building Code ( See Section 429 and Table 922.2) . The number of facilities provided is to be based on all crews working in your development and not on a single building site. If necessary, you must provide the facilities and so locate them that they are accessible to all workingmen. Should you have any questions regarding the above, feel free to contact me at your convenience. S ' ncerely, Marvin Collins Planning Director CC: Ken Thompson, County Manager Greg Szymik, Planner Ill ( Current Planning) Gary Lance, Code Enforcement Supervisor 2 -2 -Yr ' COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW P.O. DRAWER 1529 129 E. TRYON ST. January 29 , 1988 HILLSBOROUGH, N.C. 27278 919-732-2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 919-929.7151 Mr. Marvin Collins ALONZO B.COLEMAN,JR. Director STEVEN A.BERNHOLZ Orange County Planning Department DONALD R.DICKERSON 3 0 6 F Revere Road ROGER B. BERNHOLZ GEOFFREY E.GLEDHILL Hillsborough, North Carolina 27278 DOUGLAS HARGRAVE C.NICHOLAS HERMAN KIM K.STEFFAN Re: Wildwood Subdivision Stormwater MARILYN� NATHANIEL E. Management or Counsel BONNER D. Dear Marvin: SAWYER (1902.1972) This letter confirms our recent discussion concerning stormwater management in the context of the problems now existing in the Wildwood Subdivision . I have reviewed the report of Hazen and Sawyer entitled Stormwater Drainage Study Wildwood Subdivision . That study, together with the problems existing at the Wildwood Subdivision , demonstrate to me that our Land Use Planning Ordinances are not adequate in this area. That is , whenever the County is asked to approve a development as intense as the Wildwood Subdivision, a comprehensive stormwater management plan which adequately manages stormwater is essential . Ordinance revisions are necessary. Also , Orange County has no one on staff with qualifications necessary to review and monitor stormwater management plans for developments the intensity of Wildwood . In my opinion the County needs a civil engineer on staff or a contract with a civil engineering firm to deal with these issues . This letter is not intended to be and is not critical of the Planning staff or its work on the Wildwood Subdivision . It is intended to prompt action to remedy inadequacies in our ordinances related to urban type development . Very truly yours, I ,41 e .ffre E . Gled ill GEG/lsg xc : Albert Kittrell Shirley E. Marsha for the Board 13 7177 BRUNSSEN ENGINEERING SERVICES, PA ENGINEERING.PLANNING.CONSULTING 919/544-1159 36 CNURCHWELLCT. DURHAM,NC 27713 • 6-29-87 Marvin Collins Orange County Planning Department 06F Revere Road Hillsborough , N. C. 27276 RFC: Wildwood Subdivi=ior. Dear Mr. Collins: Per our meeting on June 24, 1987, it was suggested that if I provided you with information on the development on Wildwood Sections 1 , 2, and 7, you would determine if the current ruling by the commissioners could be changed due to the hardship of individual bui l ders who have no direct input into the current drainage problems. . Wildwood Status 176 lots have preliminary plat approval (total lots) 1.68 lots have final plat approval 141 occupied homes certificate of occupancy 18 owned by developer 6 Section 3 phase a Final Platted 8 Section 3 phase b Preliminary plat 4 Section 2 5 owned by Builders Lot 156 Ben Roland Lot 160 Robbie Knight Lot 161 Winkie Roberts Lot 162 Winkie Roberts Lot 163 Jim Hopper S Lots have building permits to Section 4 is shown for information only and will change prior submittal for planning staff review. The attached map is color coded to indicate the exact location of lots and the current final platted numbering of lots. An additional blank map is added for your use. Section ti lots that have been sold to the various builders . do not have any adverse affects on the current dr& Haas problems. The roadway ditches have been made to handle the water that will come off the lots. Per my site inspection on June 24, the 1 . BRUNSSEN 28 ENGINEERING SERVICES, PA' ENGINEERING,PLANNING,CONSULTING 919/5 -1159 36 cHURCI�vvEw.cr. DURHAM,NC 27713 Wi1dwood Subdivision June 29, 1987 • lots drain either to the roadway ditch or sheet flow across the lot. From the rough grading on the lots, the lots can properly drain on :I thus the water" flow away from the I,r_,ue;e 5i. te. Final Site grading of the lot , which is performed by the builder , should eliminate all lot drainage problems. ' The . issuance of buildi.n, permits for the five lots currently sold to builders will not i.nt:.er-f er with the drainage problems in Sect.i on 2. The topography is different and lends itself for natural drainage Section The lots owned by the developer of these lots i n .�eCt i�►n _ . were not evaluated. To not grant building permits to the builder owned lots in Section 3 would and is causing extreme hardship on the builder and not the developer. The developer is not asking for building permits on the remaining lots until the drainage problem is solved. The time table for resolving drainage problem. July 6 authorize Hazen and Sawyer to do work Hazen and Sawyer submit plan to Marvin Col 1 i ns by Jul.y 13 Review plan by Orange County and NCDOT Implement plan and complete work by August 1 Commissioners lift restrictions on the Wildwood Subdivision If I can be of additional help , don 't hesitate to call . Si cer ei , , ....44:1 /1-4 A.4.4-4/24.0.,%_ v Fri.tt H. Brunssen acting as agent for Wildwood Corporation _ cc: James Rae Freeland \ 640 630 ex 620 610 ,..............y \ _ _� -. . „\....., ~ ` 590 4 *\‘\ 0 "j1 ) \ 11 ►' .A ... o ‘ \ ,._ 4........ - IIMI E X15TN0 co 1 ,�g SE -104-16 1 /!J iii 59 e ._ . . 00 I/ ,, crD ,',® s dl 40 0 j /I / i J � 'Kr . ,/ 4 .._., _ ,,, a. . -_CD CI X.wow - 11111111 ---1° it . _ 10 :,-, ,Ii. ..fie:.: _ 0¢:; 2D4 Ili "No, N. � Iii`-•_ ''''`2. -4-^‘,-.'% H^'. i co 61.1:, ..'- .111 V :___. ® — :``, e.,-7:,,,, _ , -_- 61'0 ■�c. - :".7.‘" \It _ _ __ _______._ ... . . _. _ _.... / . ..... . CD Al . i I N \ HAZEN AND SAWYER, p.c. 8- 11-V7 CONSULTING ENGINEERS 29i August 11 , 1987 Mr. Greg Szymik Orange County Planning Department 106 East Margaret Lane Hillsborough , NC 27278 Re : Proposal for Engineering Services Wildwood Subdivision Drainage Study Dear Mr. Szymik : Hazen and Sawyer, P .C . , is pleased to submit our proposal for a drainage study of the Wildwood subdivision in Orange County. Our proposal is based upon a field tour of the subdivision, discussions with various members of County staff , and review of pertinent interoffice correspondence relative to staff investigations of reported problems within the subdivision. Based on our tour of the existing subdivision , observed drainage problems at the site include the following: 1 . Roadside ditches with minimal to inadequate longitudal slopes . Very flat longitudal slopes are creating areas of standing water within the ditch section . In some locations , the elevation of the driveway culvert pipes appear to be contributing to the problem. 2 . Portions of the existing lots are in low lying areas with poor natural drainage . Reports of nuisance "springs" have been received from the property owners in these area. It is likely that the seasonal groundwater table in the low lying areas is at or near the surface of the ground for extended periods of time each year. Drainage improvements in such areas may provide some relief , but we suspect that this problem will continue to be a nuisance to at least some extent. 4300 GLENWOOD AVENUE • P.O.BOX 30428 • RALEIGH,NORTH CAROLINA 27622 (919)782-8333 RALEIGH.NC CHARLOTTE.NC • HOLLYWOOD,FL NEW YORK,NY 29 Mr. Grey Szymik August 11 , 1987 Page 2 3. Primary drainage is in a westerly direction to a natural channel flowing to the north and eventually crossing under the railroad downstream of the subdivision . The channel section is poorly defined and has a number of trees growing within the expected wetted perimeter . This channel would also receive the drainage from the proposed expansion of the subdivision . Given the present condition and limited carrying capacity of the channel , we anticipate that some channel improvements will be necessary to relieve the existing problems as well as providing capacity for expansion of the development. Subject to your concurrence , we propose the following scope of service : 1 . Investigate and develop recommendations for correction of the existing drainage problems cited in the June 12 , 1987 memorandum from Marvin E . Collins to the Orange County Board of Commissioners . A copy of this memorandum is attached and is made part of our proposal . We have indicated specific items in the memorandum that we propose to address . 2 . Determine the expected impacts of the proposed development on the existing natural drainage channel . We will determine the peak runoff rates from the existing developed area and the estimated runoff rates from the proposed areas based on the recommended zoning densities . A backwater curve will be prepared based on the hydraulic capacity of the existing culvert( s ) beneath the railroad. The recommended cross section will be determined for the drainage channel at appropriate points within the subdivision. 3 . Preparation of a written report detailing our method of investigation and summarizing any recommended improvements . We envision that this report will be presented orally to the County Commissioners . We will be available to respond to staff questions concerning the recommendations in our report. Mr. Grey Szymik 29 August 11 , 1987 Page 3 We propose to provide the above services under a salary cost times a multiplier fee reimbursement arrangement as outlined in the attached Statement of Standard Charges with a cost ceiling established at $8,000, unless mutually modified by the County of Orange and Hazen and Sawyer, P .G . An approximate breakdown of the cost ceiling is as follows : Field Surveys $1 ,500 Computations , Computer Analysis $2 ,000 Final Report Preparation $3 ,500 Travel , Expenses , and Contingencies $1 ,000 Subtotal $8 ,000 If you are in agreement with this proposal , please indicate by signing in the space provided and returning one ( 1 ) copy of the executed agreement to us for our files . We appreciate the opportunity to submit this proposal . Please contact us if there are any questions . Very truly yours , HA EN AND SAWYE,;0. P .C . 40, if ordon C . Rue,, - s , P .E . Vice Presid-n GCR/j hl Enclosures I hereby authorize Hazen and Sawyer, P .C . , to proceed with the above described Scope of Services . Chairman Orange County Board of Commissioners Date 294 HAZEN AND SAWYER ENGINEERS STATEMENT OF STANDARD CHARGES TIME CHARGEABLE TO PROJECT Work is billed at 2.25 times payroll costs for time of principals and employees of Hazen and Sawyer and associated design professional firms directly chargeable to the project. Payroll costs include base salary, vacations, sick leave, holidays, payroll taxes and insurance and pension plan. These rates apply to time actually devoted to the job and to travel required during normal working hours and on week- ends to suit the clients' convenience. LEGAL PROCEEDINGS Higher rates will apply to appearances and testimony in court and commission proceedings, and to other assignments where warranted by special circumstances. EXPENSES CHARGEABLE TO PROJECT Expenses such as costs for travel and subsistence, long-distance telephone, telegraph, use of computer, reproduction costs, soil borings, laboratory work, and fees for special consultants and surveyors authorized by the client, will be billed at actual cost plus 15 percent handling charge. BILLING Invoices are rendered monthly unless otherwise stipulated. Invoices not paid within forty-five (45) days are considered past due and subject to a late payment fee of 1-1/2 percent per month (18% annually) . MMM x71-em 740 be Qd r 55 / yy aen �yy� O R A N G E C O U N T Y �J. . �/ INTEROFFICE MEMORANDUM dd d[Ca"-e / /by �C 8706- 1E04 29t TO: Orange County Board of Commissioners FROM: Marvin E. Collins Planning Director SUBJECT: Drainage Problems - Wildwood Subdivision DATE: June 12, 1987 COPIES : Ken Thompson, County Manager The Erosion Control Staff has conducted an investigation of drainage problems in Wildwood, including contacts with individual property owners . The problem areas are concentrated in specific areas and are identified below. A sketch map is provided to show the general location of problem areas . 1 . Lots 131 -140 - George Anderson Drive Problems identified include: a. Area is Y poorly) drained. 9 Y /( b . Stagnant water is standing in ditches . c. Water is present under some houses . Lot 133 is especially wet. )c e. Springs are present on lots 133 and 137 . f . Odor problems associated with sewer lines . rc c, Runoff from some lots on the west side of Judah Benjamin Court is accumulating at the rear of lots 132 and 133. >c h . Some lots were filled, and the creek along the drainage easement floods the rear of these lots . x The Erosion Control Staff questions whether the culvert ( 18^) at the intersection of Oakdale Drive Extension and George Anderson Drive is large enough. Furthermore, the Staff has concerns - about there being adequate tel in ditches and drainage easements . 2. Lots 67-70 - Wade Hampton Drive A major problem identified is insufficient fall in the ditch along Wade Hampton Drive. A driveway culvert is too high, and stormwater is banking up and flowing down in front of several homes . 3. Lots 15-17 - Wade Hampton Drive/John Breckenridge Drive Problems identified include : 29€ INTEROFFICE MEMORANDUM : 8706-1604 Drainage Problems - Wildwood Subdivision June 12, 1967 Page 2 a. The area is poorly drained. )C b . The drainage easement on lots 15 and 16 has been filled in, and houses constructed. An attempt is being made to carry runoff around the perimeter of lot 16 . X c. Springs are present on lot 17 . ]{ d . Stagnant water is standing in ditches . e. Odors problems associated with sewer Iines . f . Associated pests such as mosquitos . 2c The Erosion Control Staff is also concerned about the culvert ( 36" ) under John Breckenridge Drive being too high to provide adequate fall . 4 . Lots 31 , 32 and 47 - Joseph Johnson Court/George Anderson Drive Problems identified include the following : ?Ga. Poorly drained drainage easement, including stagnant water. - b . Existence of weeds and pests . c . Odors associated with sewer lines . d. Lot 32 has not been built on and needs to be cleaned up . ,< 5 . Lots 48-49 - George Anderson Drive Problems identified include stagnant water in adjacent drainage ditch and the existence of a spring on lot 48 . In addition to the above, potential problems have been identified as follows : 1 . The drainage easements on lots 32-36 ( Joseph Johnson -- Court) should be monitored since the lots were partially filled. Some property owners have taken steps to deal with pFoblem areas. x2 . When and if lots 115-117 are developed, they will require some fill . There are potential drainage problems associated with such filling. The .Erosion Control Staff has noted that soils within Wildwood Subdivision are predominantly Georgeville and such drainage problems as are being experienced would not have been anticipated with that soil type. RECOMMENDATIONS - The information provided above verifies the existence of drainage problems in Wildwood Subdivision. Specific solutions l �i �i INTEROFFICE MEMORANDUM: 6706-1604 Drainage Problems - Wildwood Subdivision June 12, 1967 Page 3 29 can only be provided through a more in-depth evaluation of the total drainage pattern within the subdivision . I recommend that further plat approvals for existing phases and/or sections of Wildwood Subdivision be withheld until the the—following are completed : ' 1 . The developer reimburses the County for the cost of employing the services of a registered engineer to conduct a detailed evaluation of the drainage problems in Wildwood Subdivision and prepare a stormwater management plan to resolve identified problems, including problems associated with the existence of underground springs both in existing portions of the subdivision and proposed additions thereto; 2 . Submission to and approval by both Orange County and the N. C. Department of Transportation of the stormwater management plan as described in 11 above; and 3 . Installation, by the developer,_ of all required improvements as shown on the approved stormwater management plan. If legally possible, I would further recommend that no additional building permits be issued for dweltinas in Wildwood Subdivision until the above plans have been prepared and approved, and improvements installed . • III 421 E fi 14/1 : c ' \C . , 29b O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 18, 1987 Action enda Item __ SUBJECT: TATEOF SUBDIVISION TO T DEPARTMENT: PLANNING PUBLIC HEARING ____Yes No ATTACHMENT( S) : INFORMATION CONTACT: Eddie Kirk 7/22/87 Letter of J .M. Mills to County Manager Secondary Road Addition Investigation Report TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a petition from NCDOT for approval of the addition of Brigadoon Drive in Brigadoon Subdivision to the State-maintained Secondary Road System. BACKGROUND: The NfoDrethetaddition Transportation submitted the Board of petition. Commissioners for review . The Board ' s decision will be forwarded to the N. C. Board of Transportation for their deliberation on acceptance of the road to the State-maintained Secondary Road System. RECOMMENDATION: Manager recommends approval of the addition of Brigadoon Drive to the State-maintained Secondary Road System. ■ (47.45,AT,Q, ',:r: .1 C'ti J U L :�u i 1987 30 C ' a 9 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN July 22, 1987 DIVISION OF HIGHWAYS GOVERNOR GEORGE E.WELLS, P.E. SECRETARY TON JAMES E. RE HIGHWAY ADMINISTRATOR TARY STAT Orange County Mr. Kenneth R. Thompson, County Manager Orange County 106 East Margaret Lane Hillsborough, NG 27278 Subject: Petition for Addition - Brigadoon Drive in - Brigadoon Subdivision Dear Mr. Thompson: Attached is Form SR-4, Secondary Road Addition In- vestigation- Report, for Brigadoon Drive in Brigadoon Subdivision. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, yours Mills, P. E. /DISTRICT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION 3 Q 1 DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orange Co. File No. Date Township Eno _ Div. File No. Local Name Brig.adoon Drive _ Subdivision Name Brigadoon Length 0.51 Width 35' D. to D. Type E Condition Good Is this a subdivision street subject to the construction requirements for such streets? Yes Recorded 07-31-57 Book 6 Page 96 Is this a subdivision street subject to participation paving? Yes Nu ber o homes avin ent ances .in o o nine (9) °I�th �Z'e rfffo lt�oYdi u dy uses off Dunkeld Way)4 houses off Greenglen Drive Does right-of-way obtained meet present Division of Highways requirement? Yes If not, why? Is petition (SR-l ) attached? Yes Is the County Commissioners' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? Yes If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ 0.00 Grade, drain, stabilize $ , Drainage $ , Other $ Remarks and RecommendationsMeets minimum requirements. Recommend addition. Reviewed and approved Board of Transportation Member Reviewed and approved J. w. Watkins . M. Mills DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space - For use of Secondary Roads Dept. ) Petition No. (Do not write in this space - For use of Planning Dept. ) Form SR-4 (7-77) ' `� ... i .41.! •.�_ ^ ,.T •.--•` \ M1 r�\� �� /r `T 1x. 1 ■s I LT._ IS01\._ 131. .91 OR 3:1 �iw i i. I yc 17.AJ": •a j e Gov !3lZ 1 i !-o .'�i 1.0 .Idx. •1.r���_--.S __ _f 1700 ; r1� 1/ O r_.' 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O�' 136a rq` 6 x3 B3 11•' f A m 7 1i 1 Y .�� 4.'" �"Is6e Cr J1__ r:-..: L� \ '.� 1300 W a __ 31176 �• Pr \ \B •`\- / m 109.7. \�� 4%1 1711 -e ""6.' 1367 / 113!tt_ _ ➢ .1000 - _ 71]e IL" .l.r 1x5 O! ! _ �•..`�� q !1'., 119e /.____.. 9 + .I::DUI'E';_o . 4 '..F ` F A 1.7 - _iv TO DugyM,- rhom -Y 91 sI II" •c n•'' c.;:i���! �1x - "y +• - 11 xx 1 I.1�1( w - F 3-ti 1 Y/ TO 6U#o -1 `/ 1910 p R+ r• 1123 a�T . o-,\ 11x9 - 111] • #�`- b 1110 .7 \ :-;72 1 Q 11 - .11131- 1911 1 ; � ©..: e r- +.- i 5'`rh lix ,LL i_::. ©�� 1S71;a'�_' •as y-1 :?]�[n/ 75 loos 1`171 sY. +'oReST��':;.. � L :),.1.1i .,,,,p_ °- a v ti� V \ %r 11]5 3 .� \S 11�1,,,,, ;fr�{71 6 �1 !1 19 i136-'",--�-:0 f-'- 11�9 v�1�1] o ;I : J 36°00' ..B. / X11 L122•1.7 e ` DUKE:;'' ya _____I-6_. Bleekweed Searle. i� ' .Carle a° e i� - i \y/11"\, Greve Gr¢ek • ill!' Ins` - / .:A.::.::.:. '•n,".. 17 a • 1.9 tin '/• fd Baar • o-"� .uix ,lln ' j FC3REST: • c Dedsarn �� M' / it Crowaeds h 1106�}�=^ �s - = _ 7.9 0.5•, c A 7........_... I : 1 IY 9 Ct, :;, -• - J1Z4 a: et, (] vrr >_N Imes 00.*.-.1 s 1111 .. .:1 _:_ \ ), Q �. k 1009 _EXT. N", s t F<:' /t nos s x ,: i:.a r '� Z 4:Celvonde 5.�� "- � / 11 hibie......' J ,5 Z• '{r zl a ,r4::: eb \ ,..{: oe/WCE f0.7].07e1a t\y. • I i i �. �: r� Ir [weti w co. 7e7;• .,xis 24Z ,- •CARRBORO �'•• Horace • �.' -POP.7.736 \ `'' Williol.a c •-1... .. N.\ IAP .7 •:,L,, ----. tarpon ' ;:j . ''"H14 s- • 1 ; White Cross \ :::y A...::, t/ft 19x7 .. : I !a: .] _ .+-'. 30 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag Item No. � ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 18, 1987 SUBJECT: LOCAL EMERGENCY PLANNING COMMITTEE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S TELEPHONE NUMBER: 732_8181 Hillsborough Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To appoint members to the Local Emergency Planning Committee. BACKGROUND: The Environmental AlBoard TheeLEPC�s establish a Local Emergency to better meet responsibi- lities is to help the local community lities regarding chemical emergencies. In addition the LEPC will forge a relationship with the state, as well asficatitry regarding emergency planning, community right-to-know reporting, and toxic chemical release reporting. RECOMMENDATION(S) : Approve committee appointments. 304 ELECTED OFFICIALS State - County - Don Willhoit Law Enforcement - Lindy Pendergrass Orange County Sheriff Civil Defense - Bobby Baker Fire Fighting - Mike Tapp First Aid - Bobby Baker Health - Charles Harper Orange County Health Director Local Environmental - Dr. Carl Shy, Victor Germino and Ted Latta Hospital - Dr. Fred Hanson N.C. Memorial Hospital Transportation - Robert J. Gadding Chapel Hill Transportation Director Broadcast Media - David Medlock WCHL Print Media - Kevin Meredith News of Orange Community Groups - Dr. Carl Shy, Victor Germino, Ted Latta of the Environmental Affairs Board Owners and Operators of Mike Kirby Facilities - Southern States n_ /// 30 a COU T m OF t :sIOPER5 Items=MA AffiMACT Subject: TS • Department: BOARD OF GOMMISSIMERS Public Searing: Yes _ no Information. Contact: Bevera3 L laytbe • Attar : Tinder $epaz'ate Cover Phone Slumbers: 732-$181, 968-1+501, 227-0231 A-i - ABC BOARD - 1 vacancy due to resignation of Torn Bacon. A-4 - COMMISSION FOR WOMEN - 3 vacancies (resignations of Eva Metzger, Elizabeth Wells and Claudine Harris. • A-5 - ECONOMIC DEVELOPMENT COMMISSION - 2 vacancies. B-3 CAPITAL HEALTH SYSTEMS - 1 vacancy due to expiration of term. COUNTY SENIOR CITIZENS BOARD - 1 vacancy. B-5 DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 3 vacancies. B-2O - HUMAN RELATIONS COMMISSION - 5 resumes have been received. RECCOMMENDATION: As the Board decides. ORANGE COUNTY PROCLAMATION WHEREAS, on August 26, 1920, the 19th Amendment to the Constitution of the United States was ratified; and WHEREAS, that amendment reads as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex."; and WHEREAS, the power of the vote is the gateway to continued improvements in the status of women; and WHEREAS, the Orange County Commission for Women advises the citizens and Board of Commissioners of Orange County of the status of women in Orange County; and WHEREAS, that status remains unequal , especially economically and politically; and WHEREAS, yet women make significant contributions economically, politically and in myriad ways to Orange County. NOW, THEREFORE, the Orange County Board of Commissioners does hereby proclaim Wednesday, August 26, 1987 as WOMEN'S EQUALITY DAY in celebration of women's contributions and their right to economic and political equality and do hereby urge all citizens to work to guarantee full equality for all women. This the 18th day of August, 1987. Shirle shall Chair, Orange County Board of Commissioners Orange County Commission for Women • 131 Court Street • Hillsborough, NC 27278 Hillsborough: 732-8181 • Chapel Hill: 967-9251 • Mebane: 227-2031 • Durham: 688-7331 •Y BUDGET ORDINANCE 1987-88 ORANGE COUNTY, NORTH CAROLINA BE IT ORDAINED by the Board of Commissioners of Orange County, North Carolina. SECTION I. BUDGET ADOPTION 1987-88 There is hereby adopted the following Operating Budget for the County of Orange for this fiscal year beginning July 1, 1987 and ending June 30, 1988, the sate being adopted by fund and activity, within each fund, according to the following summary. ESTIMATED INTERFUND FOND BALANCE FUND REVENUE TRANSFER APPROPRIATED APPROPRIATION General 31,559,520 0 0 31,559,520 County Capital Reserve 541,904 0 541,904 Revaluation 17,000 0 17,000 Special Districts: Cedar Grove Fire 35,000 35,000 Chapel Hill Fire 600 600 Efland Fire 56,80 + 56,804 Eno Fire 88,200 4,395 92,595 Little River Fire 28,609 28,609 New Hope Fire 58,339 58,339 Orange Rural Fire 87,965 87,565 Orange Grove Fire 51,000 51,000 South Orange Fire 123,685 123,685 Southern Triangle Fire 29,760 7,144 36,900 Damascus Fire 9,800 1,700 11,500 White Cross 60,000 60,000 Data Processing Enterprise 6+,667 64,667 Emergency services - In-Flight 268,385 268,385 SECTION II. APPROPRIATION: That for said fiscal year there is hereby appropi.•iated nut of the funds the following: DEPARTMENT/AGENCY APPROPRIATION DEPARTMENT/AGENCY APPROPRIATION General Fund: County Commissioners 166,375 Emergency Services 1,033,6+9 Courts 14,400 Forest Services 31,355 Elections 195,001 Medical Examiner 101)000 Register of Deeds 380,364 Public Works 1,594,420 Soil and Water 83,461 Debt Service 767,000 County Manager 298,866 Transfer to Revaluation 17,000 Personnel 190,184 Transfer to County Capital Reserve 516,90+ Finance 233,04+ Transfer to Efland Sewer Operating Fund 25,000 Purchasing 7131467 Transfer to Lake Orange Project 15,000 Tax Supervisor 608,939 Contingency 50,000 Land Records 161,590 Contingency--DSS--Daycare 98,000 Tax Collector 178,464 Lake Orange 2,000 Child Support Enforcement 132,813 Adolescents In Need 30,500 Data Processing 302,764 Volunteers for Youth 1,000 Planning 759,924 Home Health Agency 25,500 Economic Development 75,419 Planned Parenthood 10,000 Central Services 558,486 Women's Center 6,000 Social Services 3,732,067 Orange Industries 25,000 Health 1,873,671 OPC Mental Health 370,269 Agricultural Extension 187,208 OPC Mental Health--ABC 35,000 Emergency Food Assistance 2,500 OPC Mental Health--Crisis Service 90,000 Emergency Shelter 5,000 Municipal Support--Recreation--CH 61,600 Recreation 36+,592 Municipal Support--Recreation--Carr 26,400 Aging 380,o44 Municipal Support--Recreation--Meb 2,500 Schools-Curr. Exp.-CH 4,718,886 Library--Chapel Hill 131,1o4o Schools-Curr. Exp.-Orange 42,456,141 Library--Hyconeechee 178,183 Schools-Curr. Cap.-CH 7503,000 Library--Mebane 603 Schools-Curr. Cap.-Ornage 750,000 Dispute Settlement Center 12,000 Schools-Long Range Cap.-CH 1,174,180 Dispute Settlement Center--CBA 7,170 Schools-Long Range Cap.-Orange 758,500 Historical Commission 3,000 Commission for Women 36,834 JOCCA 50,000 Sheriff 2,387,200 Museum 4,000 ABC 69,868 Sheaffer House 124,056 DEPARTMENT/AGENCY APPROPRIATION DEPARTMENT/AGENCY APPROPRIATION Project Attend (CBA) 103P000 Adolescent Day Treatment (CBA) 11,632 Phillips/Culbreth Project (CBA) 6,437 Arts Commission 8,850 Rape Crisis 13,500 Coalition for Battered Women 11,000 Counseling 12,200 Child Care Networks 30,600 Art School 5,000 Vietnam Veterans 500 Disability Awareness 4OO Prospect Hill Medical Clinic 5,000 Triangle Land Conservancy 7,000 Emotionally Troubled Preschoolers 25,000 Total General Fund Appropriation 31,559,520 DEPARTMENT/AGENCY APPROPRIATION DEPARTMENT/AGENCY APPPROPRIATION County Capital Reserve Fund: Transfer to Jail Capital Transfer to County Annex Project Fund 82,000 Capital Project Fund 56,250 Transfer to 911 Center Transfer to Public Works Capital Project Fund 15,000 Facility Capital Project Fund 130,000 Reserve for EIS Ambulances 34,000 Transfer to Homestead Community Center Capital Project Fund 303,000 Total County Capital Reserve Fund Transfer to Northside Multi-purpose Appropriation 541,go4 Center Capital Project 2,000 _ Transfer co Cedar Grove Revaluation Reserve 17,000 Capital Project 13,000 Transfer to Central Human Services Fire Districts: Capital Project (Grady Brown) 15,000 Cedar Grove 35,000 Transfer to Courthouse and Agri- Chapel Hill 6O0 culture Building Renovations Efland 56,804 Capital Project Fund 9,100 Eno 92,595 Reserve for Courtroom Benches Little River 28,609 Project 5,000 New Hope 58,339 Transfer to Livestock/Horticulture Orange 87,965 Market Capital Project Fund 25,000 Orange Grove 51,000 Transfer to Hazardous Materials South Orange 123,685 Capital Project Fund 18,000 Southern Triangle 36,900 Transfer to South Orange Rescue Damascus Fire District 11,500 Squad Building White Cross 60,000 Expansion Capital Project Fund 10,000 Transfer to Orthophoto and Total Fire Districts 642,997 Topographis Remapping Capital Project Fund 97,55+ Data Processing Enterprise Fund: Operations 64,667 Emergency Services - In-Flight Fund: Operations 268,385 SECTION III. REVENUES: It is estimated that the following Fund Revenues will be available during the fiscal year beginning July 1, 1987 and ending June 30, 1988 to meet the foregoing Appropriations. General Fund: - Fire Districts: Taxes 25,482,754 Cedar Grove 35,000 Licenses and Permits 227,700 Chapel Hill 600 Intergovernmental Revenue 4,352,805 Efland 56,$04 Charges for Services 1,165,270 Eno 88,200 Interest on Investments 170,000 Little River 28,609 Miscellaneous Revenues 160,991 New Hope 58,339 Orange 87,965 Total General Fund 31,559,520 Orange Grove 51,000 South Orange 123,685 County Capital Reserve Fund: Southern Triangle 29,760 Transfer from General Fund 516,904 Damascus Fire District 9,800 Transfer from Courthouse Improvements White Cross 60,OOo Project 25,000 Fund Balance Appropriated 13,235 Total County Capital Reserve Fund 541,904 Total Fire Districts 642,997 Revaluation Fund: Data Processing Enterprise Fund: Charges for Services 6 ,667 Transfer from General Fund 17,000 Emergency Services--In-Flight Fund: Reimbursement for Services 268,385 SECTION IV. TAX RATE LEVY: There is hereby levied for the fiscal year 1987-88 a general county-wide tax rate of 60.TO per $100 of assessed valuation. This rate shall be levied in the General Fund. Special district tax rates are levied as follows: Cedar Grove 5.4¢ South Orange Fire District 7.6¢ Efland Fire District 3.2¢ Chapel Hill Fire District 2.5¢ Eno Fire District 6.0¢ Southern Triangle Fire District 4.0¢ Little River Fire District 3.90 Damascus Fire District 5.0¢ New Hope Fire District 3.6¢ Chapel Hill-Carrboro School Orange Rural Fire District 3.50 District 16.5¢ Orange Grove Fire District 4.0¢ White Cross Fire District 7.9¢ SECTION V. SCHOOL CURRENT EXPENSE: There is hereby allocated a lump sum of $4,718,886 for Chapel Hill-Carrboro City Schools and $4,456,141 for Orange County Schools, for the purpose of supporting current expense. SECTION VI. SCHOOL CAPITAL OUTLAY: There is hereby allocated $750,000 for Chapel Hill-Carrboro City Schools for current capital including $150,000 for roof repairs), $450,000 for the multipurpose center, $498,300 for Phillips air- conditioning, and $275,880 for Frank Porter Graham airconditioning; however, $50,000 of these allocations were appropriated in the previous fiscal year for architectural and engineering work related to the airconditioning projects. There is hereby allocated $750,000 for Orange County Schools for current capital (including $150,000 for roof repairs) , $501,000 for the high school expansion, $250,000 for land acquisition for a new elementary school, and $7,500 for tennis court resurfacing. SECTION VII. DOG LICENSE: A license costing $5.00 is required for all dogs. SECTION VIII. SCHEDULE B LICENSE: In accordance with Schedule B of the Revenue Act (Article 2, Chapter 105 of the N. C. State Statutes) and any other section of the General Statutes so permitting, there are hereby levied privilege license taxes in the maximum amount permitted on businesses, trades, occupations, or professional which the County is entitled to tax. SECTION IX. BUDGET CONTROL: The Board of Commissioners, in approving this budget, has utilized to the fullest extent possible its revenue sources. Over collections of revenue or unanticipated revenue sources cannot be expected to materialize during the year. It is, therefore, of utmost importance, and the County Manager is hereby directed, to initiate steps to insure that the budget as fixed herein is lived within. General Statutes of the State of North Carolina provide for budgetary control measures to exist between a County and Public School System. The Board of Commissioners hereby directs the following measures for budget administration and review: i Per General Statute 115-429 (c) the Board of Education shall supply copy of its final budget (once adopted) including the Uniform State Budget Format, annual audit, monthly financial reports, copies of all budget amendments to Board of Commissioners as to the disbursement and use of local monies granted to the Board of Education by the Board of Commissioners. Operating funds encumbered by the County as of June 30, 1987 are hereby reappropriated to this budget. SECTION X. TRANSFER OF FUNDS BETWEEN OBJECT ACCOUNTS: The County Manager is authorized to transfer funds within an appropriation in accordance with provisions of the Local Government Budget and Fiscal Control Act, Section 159-15 provided that the following guidelines are satisfied. 1. The transfer involves receipt and appropriation of grant funds or contracts which have been approved by Board action involving acceptance of the grant or award of the contracts, or 2. The transfer is for the purpose of more appropriate accounting methods and does not invovle change in purpose for which the funds are to be spent. Any such transfers shall be reported tot he Board of Commissioners at its next regular meeting and shall be entered in the minutes. This Budget being duly adopted this 4th day of August 1987. oe Beve z 10 rly A. Flytre, Clerk Shirley a shall, Chair Orange County Board of Commissioners Orange CountY Board of Commissioners os Carey, Vice Chair r Don Willhoit S hen Al iotis Joh Hartwell a CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereb ado Section 1. y pied: The project autho rized is improvements at Lake Orange. appropriation from the County Capital Reserve Fund, SenateeBill project will be and financed by Orange/Alamance Water and Sewer and the Town of Hillsborough. d from Section 2. The officers of the County are hereby directed to proceed with herein. the project within the budget contained Section 3. The following revenue is anticipated to complete mP this protect. Prior Senate Bill 2 Grant Funds Year �9= Town of Hillsborough $20,000 T Orange/Alamance Water and Sewer' 6,666 $20,000 County Capital Reserve Fund 6,667 5,666 County General Fund 6,667 6,667 $15,00� 5,667 0 l5 0 55'pp0 Section 4. The following — g amounts are appropriated for the project: Professional Services Improvements $10,000 Fencing 30,000 $10,000 15 000 30,000 oa o0 1�0 -' — 55000 Amended this 4th day of August, 1987. F Beverly A. y he, Clerk Orange County Board of Commissioners Shirley arshall, Chair Orange County Board of Commissioners Moses Carey, Vice Chair c Don Willhoit 4Stephe Halkiotis Jo Hartwell CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereby adopted: Section 1. The project authorized land acquisition for expansion of the 911 Center. The project will be financed by an appropriation from the County Capital Reserve Fund in fiscal year 1987-88. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $15,000 Section 4. The following amount is appropriated for the project: Land Acquisition $15,000 Adopted this 4th day of August, 1987. .I r 7 J. d 12 j Beverly A. B the, Clerk Shirley M rshall, Chair Orange County Board of Commissioners Orange Coun Board of Commissioners Moses grey, Vice Chair 0 \1 [JlJ Don Willhoit Stephen Halkioti o-L John Hartwell IL , CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 1 59 of the General Statutes of North Carolina the following capital project ordinance is hereby do P Section 1. The Y pted: project authorized is land acquisition for the Livestock/Horticulture Market and Rural Education Center Project. The project will be financed by an appropriation from the County Capital Reserve Fund in fiscal year 1987-88. Section 2. The officers of the County are hereby directed to proceed with the ro ect budget contained herein. P j within the Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund Section 4. Transfer The following revenue are appropriated for the project: Land Acquisition $25,000 Adopted this 4th day of August, 1987 MI • � Beverly A. WFhe, Clerk S irle rshall, Chair Orange Coun y Board of Commissioners Orange Cou y Board of Commissioners Moses Ca ey, Vice C 7A � Don Willhoit tephen Ha kiotis i J Hartwell CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereby adopted: Section 1. Funds were reserved in fiscal year 1986-87 for land acquisition at the New Courthouse. The New Courthouse Project was financed by an appropriation from the County Capital Reserve Fund. Section 2. In fiscal year 1987-88, the Board of Commissioners authorized that the project no longer be funded and the reserved appropriations be transferred to the County Capital Reserve Fund. Section 3. The following transfer appropriations are anticipated to close this project: Transfer from County Capital Reserve 1986-87 1987-88 Total Land Acquisition $25,000 $ 25,000) O 25,000 (25,000) 0 Amended this 4th day of August, 1987. a Y ' Beverly A. B he, Clerk Shirley E. shall, Chair Orange Coun Board of Commissioners Orange County Board of Commissioners d Moses grey, Vice Chair Don Willhoit Stephen Halkiotis Jo Hartwell CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of County Commissioners that, ursua nt to Section 13.2 of Chapter 1.59 of the General Statutes of North Carolina the following capital project ordinance is hereb P Section I, The y adopted. project authorized is the Hazardous Materials Project. The project will be f' by an appropriation from the General Fund and the County Capital Reserve Fund. financed Section 2. The officers of the County are hereby directed to contained herein. proceed with the project within the budget Section 3. The following revenue is anticipated to complete this project: Transfer from General Fund 1986-87 19_ $7_$$ Transfer from County Reserve Fund $11 000 Total Total $11,000 a0a 118,000 _27,400 Section , 20 000 1$ 000 $ 000 1+ The following amounts are appropriated for the project: Materials 1986-87 1957_88 20 000 Total �_ 1$ 000 3$ OOO Amended this 4th day of August, 1987. i � � 1 Beverly A. e, Clerk Shirley rshall, Chair Orange County Board of Commissioners Orange County Board Of- Commissioners Moses C rey, Vice Chair Don Willhoit Ste en Ha kiotis JChn Hartwell 1 3 CAPITAL PROJECT ORDINANCE the GenBe it eral°rdained by the Boar Statutes of d of County Section North C mmissio 1. Carolina Co the followin Hers that g capital Pursuant to Section Work roject author' Project ks Facilities, Ized is the constr °rd�nancelis X3.2 of Chapter Reserve Fund. uction of hereby ado l59 of Section p, The Project will be financed he Ad mini Ated; stration Building The officers of the by an aPAropriation f g a the I'ubli contained her from t c Section 3, herein. COUntY are hereby directed ounty d to The followin Proceed with the g revenue Project is anticipated to within the budget Transfer from COmPlete the Section �. m County Capital Reserve Fund PrOdect: The following amount aPPropriated f $�3 is Renovations °r the Project: Adopted this 4th day of August �3�� 1987, •• r Beverly A. y he, Clerk Orange County Board of Commissioners Shirley E shall, Chair Orange County Board of Commissioners s s Carey, Vice Chair t f ' � W Don Willhoit Stephen Halkioti Jorm Hartwell CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter General Statutes of North Carolina the following capital project ordinance is hereby ad per 159 of the Section 1. Y opted: The project authorized is the renovation of the Northern Human Services Center. The project financed by grant revenue and an a p � ct will be appropriation from the County Capital Reserve Fund and the General Fund. Section 2. The officers of the County are hereby directed to proceed with the project contained herein. j within the budget Section 3. The following revenue is anticipated to complete this project: Recreation Conservation Grant Prior Year 1987-$$ Transfer from General Fund 29, 8a Total 96,54a � 29, 8a Transfer from County Capital 0 96,540 39,500 13,000 52,500 T1-65,52a 13,000 $178,520 Section 4. The following amounts are a ppropriated for the project: Roof and Insulation Neighborhood Park $ 61,060 $ 0 $61,060 Repairs 58'960 0 58,960 Heating System Retrofitting 6,a0a 0 6,000 Roof Repairs 25,000 0 25,000 Steam Lines and Traps l4,500 0 l4,500 Electrical System 0 6,000 6,000 Security Lighting 0 5,000 5,aa0 0 2 000 2,000 1 5,520 l3,aaa $178 Amended this hth day of Augusta'19$7':':. 'i eeverel-y- A. B ��� 1 e, Jerk E shall, Chair Orange County Board of Commissioners Shirley Orange County Board of Commissioners Mo es Carey, Vice Chair Don Willhoit Stephen H lkiotis Jo Hartwell a-y .1 CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of Commissioners that General Statutes of North Carolina, Project the following capital to Section 13.2 of Chapter 159 of the proect is hereby amended: Section 1. The project authorized is for renovations and roof repairs for the Nor Center. The project will be financed by grants and a thside Multipurpose and the County Capital Reserve Fund, Ppropriations from the General Fund Section 2. The officers of the County are hereby directed to proceed with the project contained herein, p ject within the budget Section 3. The following revenue is anticipated to complete this project: Prior Human Resources Grant Years 1987-88 Total OPC Mental Health Grant $100,000 0 Transfer from General Fund. 25,000 $100,000 ,147 0 25,000 244 Transfer from County Capital Reserve Fund 0 244,147 Transfer from County Capital Projects 7,000 2,000 Total 41,877 9,00a X418.024 2 oa 41.877 Section 4. The fol � lowing amounts are appropriated ppropriated for the project: Prior Cafeteria Years 1987-88 Total Multipurpose Center $228,174 0 X28 Restrooms 255,511 174 27,339 a Roofs 0 255,511 Lighting 7,000 27,339 0 Total 7,000 418 024 —� 2,000 �_ 2 ado2 Amended this 4th day of August, 1987, 4everly . y he, Clerk 'range County Board of Commissioners Shirley arshall, Chair Orange Coun y Board of Commissioners Mo e arey, Vice Chair Don Willhoit Ste hen Halkiotis jJohnrtwell CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of County Commissioners that 159 of the General Statutes of North Carolina, the following capitalaprojecteisYhereb.2 of Chapter Section 1. The Y amended: project authorized is for the development of orthophotos and topographic maps for the Chapel Hill Township. This is a multi-year, multi- of the County. The project will be financed by an appropriation Phased remapping Fund, the County Capital Reserve Fund, a State Grantandcha charges to participating l Jurisdictions. g Section 2. The officers of the County are hereby directed to proceed with the the budget contained herein. project ject within Section 3. The following revenue is anticipated to complete this s ro' p ect: Prior Transfer from General Fund Year 1887-$$ Total Transfer from County Capital Reserve $119,946 $ 0 $119,9+6 State Grant 8,467 97,554 106,021 Participating Jurisdictions Charges 24,000 0 24,000 Total ° 53 $206 218 JaL2554 3a3 772 Section 4. The following amount is appropriated for this project: Phase II Phase III $178,613 $ 0 $178,613 Equipment 20,605 94,554 Travel 7,000 115,159 0 7,000 Total O —31000 - 206 218 121,554 ;L22 3 772 Amended this 4th day of August, 1987. Beverly A. B t e, Clerk Orange County Board of Commissioners Shirley rshall, Chair Orange Coun y Board of Commissioners Mo es arey, Vice Chair Don Willhoit Steph n alkiotis i' Jo Hartwell CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to of the General Statutes of North Carolina the followi � 1 Section 13.2 ng capital project ordinance ishereby adopted.ha Section 1. The project authorized is the renovation of the County,s 'a' will be financed by an a jail facilities. appropriation from the County Capital Reserve Fund. The Project Section 2. The officers of the County are hereby directed to proceed tr the budget contained herein. with the project within Section 3. The fOl?owing revenue is anticipated to complete this ro ec P j t. Transfer from County Capital Reserve Fund Section 4. $8a,0ao The following amount is appropriated for the project: Renovations $82,000 Adopted this 4th day of August, 1987, Bever y A. B1 Or e C erk County oard of Commissioners Shirley B, Y Oran e Y shah, Chair g Count Board Of Commissioners MO s ar y, Vice Chair r. Don Willh°it stephen 4Halk;iCottis John Hartwell M1 CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the •Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereby adopted: Section 1. The project authorized is the renovation of the Homestead Community, Center. The project financed by an appropriation from the County Capital Reserve F'und .and:by State Discretionary l be Funds. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Prior Transfer from County Capital Reserve Fund Years 1987-88 Total State Discretionary Funds P 3,540 $30,000 $�3 10 000 0 10 000 33 30,000 733,,p Section 4. The following amounts are appropriated for the project: Prior Roof Repairs Years 1987-88 Total Pool Improvements $ 9,500 0 $ 9,500 Renovations 2,000 0 2,000 32 04o 30,000 62 040 4 a 30 OOO 73 0 Amended this 4th day of August, 1987. Beverly A. y e, Clerk v- Orange Coup y Board of Commissioners Shirley E shall, Chair Orange County Board of Commissioners os s Carey, Vice Chair Don Willhoit te4Ak tis J o Hartwell i CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by- the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General statutes of North Carolina the following capital project ordinance is Section 1. hereby adopted; The project authorized is the construction of a handicap accessibility feature and roof repairs for Central Human Services (Grady Brown) Builds be financed by a transfer from the County Capital Reserve Fund. The project will Section 2. The officers of the County are hereby directed to proceed with the the budget contained herein, project within Section 3. The following revenue is anticipated to complete this project: Prior Transfer from County Capital Reserve rears 19$ Total $7--,ao° z5 0002 Section 4. The following -- g amount is appropriated for the project: Prior Roof Repairs Years 1g$_ 7_$$ $7,000 Total Handicapped Accessibility Construction O $ 7,OOa 0 15 000 15,000 $7 a0 $15,000 $22,oaa Amended this 4th day of August, 1987, jeverly�"A. e, Clerk ge Coun Y Board of Commissioners Shirley E rshall, Chair Orange County Board of Commissioners Moses arey, Vice Chair vV� Don Willhoit Stephen Halkiotis J Hartwell � s CAPITAL PROJECT ORDINANCE Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the follo?-ring capital project ordinance is hereby adopted: Section 1. The project authorized is the expansion of the South Orange Rescue Squad Building. . The project will be financed by an appropriation from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: Transfer from County Capital Reserve Fund $10,000 Section 4. The following amounts are appropriated for the project: Expansion of Building 10 OOO Adopted this 4th day of August, 1987. Beverly A. e clerk rk -� Oran C ' Orange oun y Board of Commissioners Shirley arshall, Chair Orange County Board of Commissioners Moses rey, Vice Chair Don Willhoit tephen Halkiotis Jo Hartvell t 10 CAPITAL PROJECT ORDINANCE AMENDMENT the Gee it ordained by the Board of County C nera2 Statutes of North Carolina, t e follosi�ners. that Se pursuant to Section 13.2 of Chapter 159 of cti,�n 1, g capital project ordinance is hereby The project authorized is the lease/purchase adopted: Annex. /purchase and renovation of the proposed County The project will be financed by an appropriation from the Count Reserve Fund.'Section 2, y Capital The officers of the County are hereby directed to proceed with t he project within the budget contained herein. 'Section 3. The following revenue is anticipated to complete this project: Prior Transfer from County Capital Reserve Years 198= Total See ti on 4= $56 250 The 500 f g amounts are appropriated for the project: 1985-86 1 87-88 Total Lease/purchase _ Renovations $106,250 337 866 $561250 $162,50o ,11 0 337 866 Arne $5 ,250 $500,3 tided t z s 4th day of August, 1987 r CAPITAL PROJECT ORDINANCE AMENDMENT Be it ordained by the Board of Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the renovation of the Agriculture Building and New Courthouse renovations. The project will be financed by an appropriation from the County Capital Reserve. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project: 1986-87 1987-88 Total Transfer from County Capital Reserve Fund 38,500 9,100 7, 00 Section 4. The following amounts are appropriated for this project: Professional Services 1986-87 1987-88 Total$ 7,000 $ 0 $ 7,000 Renovations/Handicap Accessibility 31,500 9,100 40 600 Total $38,500 1_22100 Amended this 4th day of August, 1987. } r � Beverly A. B t e, Clerk Orange County Board of Commissioners Shirley M rshall, Chair Orange County Board of Commissioners ose Carey, Vice Chair fli ! I Don Willhoit VV tephen Halkiotis John Hartwell PROCLAMATION WHEREAS, the 17th. day of September, 1987 marks the 200th. anniversary the United States Constitution, citizens of to join with all Americans in a celebration ofecitizenship. We l uteuthe Constitution as one designed by its authors to be flexible in application and effect as we advance in social conscience, service and p. UJe salute the in the family of nations. responsibility our responsibility NOW, THEREFORE, use hereby resolve and MONTH in Orange County, proclaim September, 1907 CONSTITUTIONAL insuring the blessings eCou , North Carolina. As heirs of a stable government, and service clubs, all schools eand npublic aofficialsclet organizations and citizens to Y, we urge all civic publicit and pde o ne rat public appreciation of citizenship under our constittution elWedfurtheraurge their citizens to rededicate their responsibilities to keep our constitution viable and our best guarantee for life 1 liberty and the tlon RESOLVED AND PROCLAIMED by pursuit of happiness:- y th l8t da of County August, 9 for Orange County, North Carolina this the 18thday of August, 1987, Chair - Boa 'd of County Commissioners, Orange County, North Carolina. August 20, 1987 Mr. J. M. Mills District Engineer Department of Transportation Graham, North Carolina 27253-0766 Dear Mr. Mills: In official action on August 18, 1987 the Orange County Board of Commissioners approved the petition from the North Carolina Department of Transportation for approval of Brigadoon Drive in Brigadoon Subdivision to the state- maintained road system. If any additional information is needed, please do not hesitate to contact this office. Thank you. Sincerely, (Mrs. ) Beverly A. Blythe, Clerk Orange Co. Board of Commissioners bab/stc cc: Marvin Collins Attachment �i5�ridu/ d y ,//ei' Sp /1 174,49/r7 ( 96, 7-•/'g6) STATEMENT TO THE ORANGE COUNTY BOARD OF COMMISSIONERS ON WATERSHED PROTECTION August 18, 1987 Chairman Marshall and members of the Board of Commissioners. I am Allen Spalt . I live at 300 James Street in Carrboro. I have come on behalf of a group of Carrboro and Orange County citizens. We are concerned about the effect of development in the University Lake watershed on the quality of our common source of drinking water . We are particularly concerned about the potential impact of the recently approved Amberly development and of its proposed low pressure underground injection sewage system. The central issue is the density of development . . We petition the Board of Commissioners to take whatever action you can within your power and authority to protect University Lake by delaying the recently approved development at least until completion of the OWASA study. OWASA Executive Director Everett Billingsley and several nationally recognized water quality experts have testified in public hearings that the Amberly project , if completed as proposed, could materially endanger the public water supply for 55,000 residents of southern Orange County. There is great concern among citizens that proceeding with this project , before completion of the OWASA study of the carrying capacity of our watershed, could cause irreversible damage to this vital resource . We are worried and feel somewhat helpless at this point . public hearings before the state WATERSHED PROTECTION PAGE 2 Division of Environmental Management (DEM) , which must approve the proposed waste system, are not required by state statute , and the necessary permits can be issued routinely and quickly once minimum state- standards are met . Such standards may not be sufficient to protect our water . It is particularly unfortunate that there is no provision in the applicable state regulations for more stringent standards for alternative private waste systems in drinking water watersheds. We ask you to do all that you can on behalf of the citizens of southern Orange County to protect our water . Specifically, we ask you to intercede on our behalf : --to petition for hearings before the DEM on the water and sewer systems. DEM is the agency responsible for reviewing permits for Amberly's proposed utilities. We note that citizens were told at the local level that imput should be directed to the state . But DEM permitting officials now say there is no provision for public imput in what they characterize as strictly a " technical review" . --to petition for hearings before the state public Utilities Commission which must license the company to operate the private utilities; --to support OWASA in maintaining its policy of not extending public water and sewer service into the watershed during the period of its study. We note that the developer has asked OWASA to help design , own , and/or operate the septic system and to provide water for fire protection . Either of these constitute extension of service and are a clear attempt to get around the moratorium. --to require the developer to prepare an environmental impact assessment under the state environmental policy act and to adapt a county environmental policy ordinance which would facilitate such actions in the future . WATERSHED PROTECTION PAGE 3 --to consider such legal action as may be appropriate to challenge the validity of actions annexing the portion of Amberly that was outside Carrboro town limits, rezoning the annexed land to one unit per acre , and issuing a conditional use permit (CUP) for Amberly. We believe that there are sound grounds for challenging each of these actions and note that the deadline for appeal of the CUP is next week , just thirty days after the permit was issued. . --to take any other appropriate actions to prevent or delay the construction of Amberly in the watershed at least until the OWASA study of the carrying capacity of the watershed is completed and evaluated. Some of these actions may be difficult- sensitive and we do not ask lightly. We come to you out of frustration and with a sense of urgency. Amberly was wisely defeated in April when it called for public water and sewer . It was revived suddenly in July with a much more risky alternative system. It was rushed through while many citizens, and some officials, were on vacation . Approval in late July meant that the short time for appeal runs in August , a very difficult time for citizens to coordinate action . We come out of a sense of the over—riding importance of preserving the watershed for the long term. University Lake is a priceless resource for all present and future residents of this area. We as citizens are doing all we can to fight for safe drinking water . Will you help us? Thank you very much for your attention to these comments. We would be happy to try supply information you may need or to try to answer any questions. • r AiwOrange Water and Sewer Authority 406 Jones Ferry Road OVVASA P.O. Box 366 Carrboro, NC 27510 (919)968-4421 July 17, 1987 Mr. Paul Wilms, Director Division of Environmental Management • North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, NC 27611 Dear Mr. Wilms: Orange Water and Sewer Authority (O,1ASA) has received plans for a 158-lot residential subdivision proposed to be located west of the Town of Carrboro, within the University Lake watershed. The project, known as Amberly Subdivision, would be adjacent to Morgan Creek, a major tributary to University Lake which is the Chapel Hill - Carrboro community's primary water supply source. A low pressure sewage treatment system is proposed to serve this project. The developer has stated that the operation and maintenance of this community wastewater treatment system would be under a utility arrangement; therefore, the Division of Environmental Management has the responsibility for review and approval of the plans and specifications for the system. GWASA staff has many concerns relative to the proposed system for wastewater treatment. These are discussed in the attached report. Your consideration of these concerns and the associated recommendations will be greatly appreciated. If your Division receives a permit application for this project, OFA.SA requests that the Division of Environmental Management (1) notify CWASA, the North Carolina Division of Health Services, and the Orange County Health Department and allow those agencies the opportunity to review and formally comment on the proposed system design and appropriateness; and (2) conduct a public hearing on this permit application because of its sensitive location and potential impact on the public water supply. An Equal Opportunity Employer Mr. Paul Wilms July 17, 1987 Page TWo Although these comments have been prepared in response to this development project, some are applicable to all alternative wastewater disposal systems in public water supply watersheds. Careful consideration must be given to the potential water quality impacts of various alternative methods of providing wastewater treatment and disposal services within protected water supply watersheds. Present regulations do not differentiate between systems within protected watershed areas as opposed to those without. C]WASA staff recommends that all alternative wastewater treatment systems located within an existing or proposed WS-I or NS-II watershed be constructed with dual or alternating drainfield or absorption areas. This requirement should be applicable to all alternative systems, including, but not limited to, individual and community septic tanks and nitrification drainfield systems, mound systems and spray irrigation systems. (MASA staff also recommends that the Division of Environmental Management also provide notification to the appropriate. raterlsuppZ putVeyox-.wh1Ui ' utilizes water from the WS-I or WS-II watershed in which an alternative wastewater disposal systa.n is proposed to be constructed. A tri-party agreement should be required prior to approval of a pennit for such a system, as is required for package plant discharges. Your consideration of the above comments and recommendations and continuing assistance is greatly appreciated. As additional information is received and reviewed, MASA may provide further comments to your office. Please do not hesitate to contact Patrick Davis or me if you have any questions concerning the enclosed report. Very truly yours, e Everett Billingsley Executive. Director wp Enclosure cc: NASA Board of Directors Robert Holman, Division of Environmental Management Tony Laws, Orange County Health Department Arthur Mouberry, Division of Environmental Management Dennis Ramsey, Division of Environmental Management Robert Van Tilburg, Regional Supervisor, Raleigh Regional Office, NCDEM Wallace venrick, Division of Health Services MANGE WATER AND SCR ]Jr EORI Y CONCERNS AND ANDRWOMMENDATIONS ON THE A BERLY SUBDIVISION PROTECT INCLUDING THE PROPOSED WASTEWATER TREATMENT SYSTEM Introduction Orange Water and Sewer Authority (C]WA.SA) has reviewed revised plans for the Amberly Subdivision project, including preliminary information describing the proposed wastewater disposal system. This 158-lot residential development is planned to be located west of Carrboro, within the University Lake watershed. The project would be adjacent to Morgan.Creek, a major tributary to the lake which serves as the Chapel Hill - Carrboro community's primary drinking water supply. The project will result in increased nonpoint pollution from additional automobile traffic, soil disturbance and other activities. Additionally, the wastewater treatment and disposal system proposed to be utilized could result in adverse impacts on surface and ground water quality. Full assurances must be provided that this development, including=.the.iastewater_disposal..system utilized, will not result in degradation or contamination of public and private drinking water supplies. iASA offers the following comments and recommendations concerning the preliminary plan for wastewater treatment and disposal and the development plan for the Amberly Subdivision. Although these comments have been prepared in response to this development project, some are applicable to all subsurface and alternative wastewater disposal systems in public water supply watersheds. Comments on Wastewater Disposal System: 1. OWASA is not opposed to the utilization of subsurface soil absorption systems in public water supply watersheds where it is fully documented that the system is properly designed and long-term assurances are provided that the system will be well operated and maintained. The information provided on the proposed wastewater disposal system is inadequate to assure the long-term reliability of this system. Much additional investigation is needed. Soils within the project area are categorized as only "provisionally" suitable for wastewater disposal purposes. Furthermore, these soils are located in an environmentally sensitive area- the University Lake public water supply watershed. The proposed locations for primary and backup absorption areas appear to be less than desirable sites for such systems due to slopes and drainage pattern and it may be difficult to orient and maintain trenches parallel to ground contours. A • The design factors utilized should be based on a detailed site analysis of soils, topography, hydrogeology, long-term acceptable rate of soils, system hydraulic loading, and anticipated agronomic rates of uptake. Prior to the consideration of a permit for the proposed system, a detailed site evaluation must be performed by a registered professional soil scientist/hydrogeologist experienced in the siting and design of large soil absorption facilities, with appropriate assistance provided by the Agricultural Extension Service, the U.S. Soil Conservation Service and other agencies or firms with expertise in this field. Detailed inspections of the soil morphological characteristics to a depth of at least 6 feet below the infiltrative surface must be conducted and a full evaluation made of both the vertical permeability characteristics and the horizontal flow potential of the site. Some of the specific questions which the applicant should be required to address include: (a) the depth of the restrictive horizon; (b) the soil permeability above the restrictive horizon; (c) the extent of mounding that can be expected to occur. 2. It is OHLASA's understanding that the D permissible hydraulic loading rate (HLR) for the receiving soils is 0.2 gallons per day per square foot. The preliminary design is based upon this maximum loading rate. This rate may be acceptable for subsurface absorption systems serving single family units which have an assimilative area of one acre- Or--more; however; it - should not be considered acceptable for a concentrated absorption field area serving 158 dwelling units and located on a public water supply watershed. O ,SA staff has completed an evaluation of the hydraulic loading rate and nitrogen loading rate for the proposed system. The proposed system would be designed to receive nearly 26 million gallons of wastewater per year. This equals an application rate of more than 117 inches of wastewater per year over the propose absorption area. That rate is about 2.5 times greater than the annual rate of precipitation for this area and would be in addition to rainfall absorption. Assuming this substantial volume of wastewater has a Total Nitrogen concentration of 25 parts per million (which may be a low value) and it is applied over an absorption field area of 8.16 acres as shown on the plans, more than 660 pounds of nitrogen per acre per year would be applied on the site. Even if it were assumed that the vegetative cover on the absorption field surface could utilize a substantial amount of that nitrogen, that rate would greatly exceed the expected rate of uptake by any established cover crop. Fescue 31, a common grass cover, has an uptake rate of approximately 150 pounds of nitrogen per acre per year. Even if Tifton 44 Coastal Bermudagrass is used to provide about the highest nitrogen uptake rate that could be expected for grass cover crops in the Piedmont (300 pounds per acre per year) , the nitrogen loading rate would be considerably more than twice the plant uptake rate. However, plant uptake rates would actually be much lower than this because wastewater is applied underground. The excess nitrogen not utilized by plants will be carried away from the site by surface water runoff and/or seepage into the groundwater table. Higher r nitrogen levels in surface waters can lead to algal g g growth and increased eutrophication in University Lake as well as bitter taste in drinking water. The present drinking water standard for nitrogen is 10 parts per million. Excessive nitrogen concentrations have been reported to cause health problems in infants and children. Similar concerns exist relative to excessive loadings of chlorides and sulphates. -2- From this analysis, it is clear that the proposed hydraulic and pollutant loading rates are much too high for the proposed 8.2 acre absorption field area. Other public and private parties who design such systems have stated that a much lower loading rate should be utilized in the design of this system. Based on discussions with other parties who design these systems, OWASA recommends that an HLR not exceeding 0.075 gallons per day per square. foot be utilized in designing the proposed system, provided sufficient documentation is provided to support that the design loading rate will not result in contamination problems. • 3. The proposal for a backup soil absorption area to be reserved provides only an "after-the fact" approach to correcting future wastewater disposal problems. Under that approach, if a failure of the primary system occurred it would continue while the replacement system was being installed in the backup field. A greater degree of reliability and operational flexibility should be incorporated into this large community system since a failure will create a major problem. To provide added assurance that the system will have a long, useful life, the primary soil absorption area should be periodically rested. This will allow the absorption field to gradually drain, theneby.exposing_ _ the infiltrative surfaces to the air allowing bacteria to restore the field's infiltration capability. Periodic resting requires that a second absorption field exist to allow continued disposal while the first is in the recuperative phase. The systems can be alternated on a yearly basis (Reference *1) . This approach is required in Fairfax County, Virginia and other areas. OWASA recommends that at a minimum a dual, alternating absorption field system be required to be installed and utilized for this project. Additionally, the need for reserving an undisturbed backup area should be considered in the event either of the dual absorption areas fails. The combination of a lower hydraulic loading rate and redundant absorption facilities, together with a good maintenance and operation program should provide substantially greater reliability of the community waste disposal system functioning adequately and properly. As recommended in the literature, this conservative approach is justified "because (1) it is more difficult to achieve even distribution of effluent in large systems, thus making localized overloading more likely, (2) groundwater mounding may be a problem with these large systems, and (3) surface failures of these systems may present larger environmental and health consequences because of their size." (Reference #4) 4. Two "community septic tanks" and pump stations are proposed to be constructed, one of which is to be located within approximately 250 feet of Morgan Creek. Adequate measures must be taken to prevent the accidental discharge of wastewater from these facilities into surface and groundwaters. It is recommended that: a. Reserve storage tanks be constructed to store the additional volume of wastewater which is equal to that which would be received under a 24-hour peak day period. That would provide backup storage in the event a pump station failure occurred; -3- b. The pump stations be capable of handling peak-hour flows with the largest pump out of service; and c. Emergency standby power and alarm systems be installed at both pump stations within the project. 5. When system failure does occur from soil clogging the surface, overland flow from rainfall maay conttaamminantsrdirectlypto to a stream or lake. Another type of failure is when pollutants move too rapidly through soils. 0 ASA recommends that appropriate surface water and groundwater monitoring be established to provide for early identification of system operating problems. The level of monitoring required should be reflective of the intensity of loading proposed. Assuming 158 units, loading rates of 450 gallons per unit per day, and the proposed HLR of 0.2 gallons per da y square foot, nearly 8.2 acres of primary absorption field area would beer needed. This system would supposedly treat more than 70,000 gallons of wastewater per day. This is an extremely intense loading rate for a system within a protected, upland public water supply watershed. Stormwater runoff from the absorption field should be routed through an adequately sized detention pond as a further means of protecting stream quality. The detention pond can serve as a polishing lagoon and a sampling point. 6. The project developer has proposed to construct gravity wastewater collection lines which could be connected to the public sewerage collection system if it becomes available in the area. OWASA recommends that because these lines are an important component of the system, DEM should require that they be constructed to acceptable municipal standards, such as OWASA's Standard Specifications. This will help to reduce the potential for inflow and infiltration into the collection system and potential exfiltration problems resulting from failure of the collection system. Utility construction should be properly inspected to assure compliance wih the required standards. OWASA also recommends that sewer utility easements be reserved so that such lines can be properly maintained. The easements must permit the lines to be maintained, repaired, constructed or reconstructed by the operating utility, in the event that it becomes necessary. 7. A frequent cause of early failure of soil absorption systems is the use of poor construction techniques. Regular inspections during construction of the system must be undertaken by the Division of Environmental Management and/or Division of Health Services to assure proper construction techniques and compliance with the approved plans. 8. The disposal of the residue in the two community septic tanks is a concern. The developer should be required to provide assurances that septage will be pumped out on a regular basis and that it will be disposed of by a certified party in accordance with applicable State regulations. -4- • � 9. Operation and maintenance of the system, including pressure mains, includes periodic cleaning, repairing of leaks, and major replacement of pipe sections. The proper long-term operation and maintenance of the proposed system must be assured. OWASA recommends that periodic inspections be conducted by the Division of Environmental Management and/or the Division of Health Services during ongoing operation of the system. Such inspections should include an evaluation of all components of the system, including gravity collection lines, pumps, tanks, and distribution piping. 10. Assuming that the system is ultimately installed as approved, assurance should be required that the operating organization is well-qualified with a sufficient history of satisfactory experience. It is our understanding that at this time, Tarheel Utility Management, Inc., referenced in correspondence, has not been granted operating authority by the State Public Utilities Commission. Comments on Development Layout: 1. O ASA is not opposed to development activities within the University Lake watershed, provided that such development does not impair University Lake water quality. Development activities -in-the-watershed should _consistent with the primary public objective of protection of the public drinking water supply. From the standpoint of water quality protection, development within the Amberly Subdivision land tract should be located farther away from watercourses and on the least environmentally sensitive areas of the tract. 2. The subdivision plan is based upon the preliminary design for wastewater disposal. A detailed investigation of site suitability and consideration of the need for dual absorption fields may result in the need for greater absorption field area, which in turn could require significant modifications to the proposed subdivision layout and development density. 3. Full assurance must be provided that those areas identified as conservation and open space areas will remain as such and not be further developed. 4. The project must be closely monitored to assure that effective sedimentation and erosion control measures are in place during and after project construction. Assurance must be provided that such measures will be permanently maintained. 5. Until the comprehensive watershed study is completed, OWASi, staff recommends that property within the watershed not be rezoned to permit higher development densities than presently allowed. -5- • •T REFERENCES: 1. USEPA. Design Manual: Onsite Wastewater Treatment and Disposal Systems. 1980. 2. American Society of Agricultural Engineers. On-Site Wastewater Treatment: Proceedings of the Fourth National Symposium. 1985. 3. Canter, Larry W. and Know, Robert C. Septic Tank System Effects on Ground Water Quality. 1985. 4. Cogger, Craig G. and Rubin, A. Robert. General Guidelines for Subsurface Treatment of Wastewater. 1983. -6- ' �._ /9/f131'L y • �. ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA. RECEIVED 27278 MAR 1 3 1987 `,,..N pr TOWN OF CARRSORO ZONING DIVISION• = '�� =gtaJ Air 7.17 u , 4...,,„ ...0,_ March 12, 1987 Ms. Amy Parker Development Coordinator Town of Carrboro 301 West Main Street Carrboro, NC 27510 Dear Ms. Parker: Thank you for allowing the Orange County Planning Staff to review the Amberly subdivision proposal . I want to preface our comments by noting that it is the policy of the Orange County Board of Commissioners that public water and sewer not be extended into protected watersheds and the area designated as Rural Buffer. The portion of the project site outside of the Carrboro ETJ is in the University Lake protected watershed and is part of the Rural Buffer. The proposed provision of public water and sewer to this site is inconsistent with this policy . It is for this reason that the Orange County Planning Staff recommends against approval of the project. .,Specific comments regarding the project include the following: 1 . It is difficult to be certain of the size of the project. The impervious surface calculation on page 6 is based on 215 acres. The acreage described in the lot layout calculation on page 1 totals 235.53 acres. We cannot tell if the 17 .85 acre Future Development Conservation District shown on page 9 is included in the project acreage. We cannot tell if the Future Development Conservation District should be included in the project acreage. 2. We cannot determine the relationship of the Future Development Conservation District to the proposed development. 3. The number of units referred to in the lot layout calculation on page 1 totals 187 units. We presume that this is the maximum number of units permitted by Carrboro' s Development Ordinance and that the developer proposes only 157 units. • • • Ms. Amy Parker March 12, 1987 Page 2 4. There should be an explanation of the unusual configurations of lots 55 and 56. Does lot 56 meet Carrboro frontage requirements? 5 . There is no description of the facilities shown on page 1 between Blossom Hill Court and Carrboro Community Parka 6. The purpose of the unidentified lot between lots 86 and 87 should be indicated. 7 . Amberly Place should be part of Amberly Drive. 8. There are two errors in the point calculation for recreation facilities: Swimming ( sic) Pool Patio should score 72 points not 64; Bike Path should score 84.8 points not 83.2; the total should be 1945.24 points not 1935.64. 9 . Assurances should be given that all recreation facilities included in the recreation point calculation will be available to Amberly residents. 10. The phasing plan does not include any of the recreation facilities shown in the center of the development. They should be included in the phasing plan . 11 . The proposed sewer plan shows existing manholes in the cul -de-sac on Palermo Court and in Amberly Drive at Oakbrook Court. Is that correct? 12. The proposed location of the sewage immediately adjacent to an area whereusslopes texceed 15% . 13. The traffic impact calculation on page 10 d es not include the intersection of Strowd rowd Lane and . . fai Road�oes not i nc I ude any traf c genration by the proposed recreation facilities, O= nd ' does not address traffic flow to and from Carrboro Community Park via Brandywine Place.' 14. The note under traffic_ im_pact on page 10 assumes that traf.f i c- -. _geynerat.ed by Amber Iwi I I ,be equa.l_I y , distributed throughout th.e day. That is not correct. Peak hour trips will be significantly higher than other periods of the day. For Amberly, approximately 10 .8% of total trips will be made during peak hour. Ms. Amy Parker . March 12, 1987 Page 3 15. subdivision requirements for a i'r cluster development would permit a maximum of 106 units, assuming total acreage is 215 acres. The proposal contains 157 units. 16 . Orange County ' s Rural Buffer zoning district, which has been placed on the portion of the project site outside Carrboro ETJ , would permit a minimum lot size of 43, 560 square.--.feet in `e cluster development. Only 9 lots meet that minimum area requirement. 17. Lot 56 does not meet Orange County frontage require- ments. 18. Orange County' s Protected Watershed overlay zone, 4:- which has been placed on the portion of the project site outside Carrboro ETJ , requires a buffer of between 50 and 150 feet ( depending on average rise in elevation) along perennial streams such as Morgan Creek . ` This buffer fs_ measured from the outer edge _ of thefiood plain, not the centerline of the stream as shown on page 8 . 19. Orange County Subdivision Regulations would require a Class E buffer (75 feet wide) along Fayetteville Road and a Class A buffer (20 feet wide) behind lots 86, 87, 92, 93, 94, and 96-104 where they abut the project boundary . L20. The Orange County subdivision regulations would require the dedication of 1 /20th of an acre for each dwelling unit proposed ( 157 ) or 7 . 85 acres for recreation/open space purpose. Inasmuch as the Joint Planning Area (JPA) Land Use Plan designates a greenway along Morgan Creek and Laurel Springs Subdivision (to the north ) has been approved with a greenway, Orange County recommends the provision and dedication to Orange County of at least a 132 foot wide greenway along Morgan Creek. (7 .85 acres divided by 2,580 feet of frontage on Morgan Creek . ) The applicant has shown a 100-foot greenway dedication. Though not required by the JPA Land Use Plan, the Orange County _ _ P_I ann 1 nnc Staff recommends the * redesign of the subdivision to rovide a reenwa linking Carrboro' s park with the proposedg`Morgan e Crek greenway. mot. X Ms. Amy Parker March 12, 1987 Page 4 Please let me know if we need to clarify any of our comments. Again, we recommend against approval of this project in that it is inconsistent with Board of Commis- sioners policy regarding development in the University Lake protected watershed. If the Town of Carrboro does elect to approve the project, the Orange County Planning Staff recommends that the above comments be addressed prior to such approval . Please note that this matter will be placed on the Orange County Planning Board ' s March 16 agenda for courtesy review comments. Its recommendations will be forwarded to you following the meeting. Sincerely, )1k0.40,4i0e4Gfe Marvin Collins Planning Director MC/dmg cc : . Kenneth Thompson, County Manager Barry Jacobs, Planning Board Chair rM BEVERLY BLITHE, BD. OF COMMISSIONERS � .... r� BOARD OF COMMISSIONERS MEETI Tuesday, August 18, 1987 - Chapel Hill FOR: to the meeting' s This Summary is organized according NOTE: require Board and staff agenda and includes items which rr�ted agendanda appear follow-up. Items not on the printed they occurred. See the meeting' s do agenda and abstracts for further detail. Supporting is available in the Clerk' s Office - 732-8181 ext. 505. A. BOARD A}ID MANAGER COMMENTS - Commissioner Hartwell added a proclamation on Constitution Month. d - A NACO Public Hearing on welfare reform rmo will robe he September 29 at the Guilford Cy 4:30 p.m. Telephone Task Force was added. A recommendation from the Telep B B. AUDIENCE CONagENTS 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda Mr. Allen Spalt asked the Board to do the following in regard to the Amberly Subdivision: 1. Petition Division of Environmental Management for public hearings on water and sewer systems 2• petition for hearings between the State Public Utilities Commission to provide services in the 3 . Encourage watershed during the study 4. Require an Environmental Impact Assessment from the developer future 5. Adopt an environmental ordinance to prevent situations 6. Challenge the annexation, rezone annexed land and issue a conditional use permit. Note that deadline for CUP appeal is August 27-28. - Commissioner Willhoit said the conditional use/permit procedure appeal needs review. Commissioner Halkioti asked the County Attorney to write up any procedures the Amberly Subdivision until available to delay pending completion of the OWASA Study and present his findings at the August 24th meeting. in providing Dr. Dan Lunsford predicted hartfalltinsexpected state school bus transport due to s resources. Commissioner and therManagerton School Board Chairs, superintendents BOARD OF COMMISSIONERS MEETING SUMMARY August 18, ],987 Page 3 1: 11. Budget Amendment 12. Forest Service Contract 13 . Cable Television Feancchisennelnsfer_ Se 0ed Reading Plan 14. Amendment to the 15. Signing of the 1987-88 Budget Ordinance and Capital Project Ordinances G. ITEMS FOR DECISION--REGULAR AGENDA 1. Stratford Green Subdivision was approved. The planning Board Chair asked the Board for guidance on public/private road policy in subdivisions. 2. Piney Mountain Subdivision - was approved. The Board a directed the Manager and Planning Directtoevelopka draft policy statement regarding preservation Forest when count�anninenaandtPlanning Forest. Department County Attorney, Planning Board were requested to recommend subdivision ordinance amendments which place restrictive covenanttl regarding e rural buffer areas in epartment preliminary work out the process. The Planning D number of lots with the developer. 3 . Fairfield Estates Subdivision - was approved. 4. Saddle Creek Subdivision - was approved. 5. Lots 18 and 18A - Phase 2 - Lake Woods Subdivision - were approved. 6. Sally Feather Subdivision - was approved. 7 . Durham-Hillsborough Water Line Agreement HillPlanning Board recommendation regardinged with a change in Water Line Agreement was approved from "water/sewer district" to "10 and 20 year transition area. " 8. Proposed Water/Sewer Policy - will be discussed at the September 8th meeting. The Planning Board Chair requested that the Planning Department study the number of utilities operating sewer systems in the County. 9 . Wildwood Drainage Problem - it was recommended that the developer agree in writing to pay for an engineering study and the implementation of improvements to correct drainage problems in the Wildwood Subdivision prior to the execution of the contract between the County and Hazen and Sawyer. The Planning Department was asked to investigate the possibility of adding to the requirements for portable toilets (for construction sites) above and beyond those currently in place from the state building code. 10. Addition of Brigadoon Drive in Brigadoon Subdivision to 4 c. i --/fri IN? A R 'c�/^//.. -Gp w/L4.ODcleA-7e ANloar T.f • 7Us *f N_�J...... 1pL-r/AIy--..- // !)// )„,...14.4..... .. if _ frI Cole. ._ ,r 17//t _fl!r , /9 7i4 'a�� e.(,; ti cSw r s 'r /J ( ( ipapA4t PROCLAMATION WHEREAS, the 17th. day of September, 1987 marks the 200th. anniversary of the United States Constitution, and affords the citizens of Orange County to join with all Americans in a celebration of citizenship. We salute the Constitution as one designed by its authors to be flexible in application and effect as we advance in social conscience, service and our responsibility in the family of nations. NOW, THEREFORE, we hereby resolve and proclaim September, 1987 CONSTITUTIONAL MONTH in Orange County, North Carolina. As heirs of a stable government, insuring the blessings of a free and responsible society, we urge all civic and service clubs, all schools and public officials, private and public organizations and citizens to publicity and privately demonstrate their appreciation of citizenship under our constitution. We further urge all citizens to rededicate their responsibilities to keep our constitution viable and our best guarantee for life, liberty and the pursuit of happiness. RESOLVED AND PROCLAIMED by the Board of County Commissioners for Orange County, North Carolina this the 18th day of August, 1987. // Chair - ao 'd of County Commissioners, Orange County, North Carolina. • ••••• ,,,77" •'•W'r'"'"7-7-:',77.'•4•,'"0.,- ' • ' " .1 1}., • •, 'ite, 1'4-',.• 466,' ...' ‘6:- ',6.,..... . . ,.,. ,,...,.. '. 66..4A'-', 474;6 ''F.6,:. ''4?..,•:. 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"•'•1'1 •. •‘.,'„,•, •';•.;;'•," 0,.••••; •••••'4', ''••• 11•',. ..'„f -;i1-•:'.....,I.,!..,..1 li'!%4..,.-,, .,,,,,oki... ,:, ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH. N. C. 27278 MOSES CAREY.JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT August 18, 1987 Ms. Sandra J. Webster, Chief Clerk North Carolina Utilities Commission Post Office Box 29510 Raleigh, North Carolina 27626-0510 ATTN: Mr. Bill Partin Dear Ms. Webster: The Orange County Board of, Commissioners on August 18, 1987 has agreed that the response dated July ,,20, 1987 from Central Telephone Company, ,.Docket No. P-10, , Sub 428 is adequate and acceptable. _ F " pIt is our assumption'--notify ...... ... :..:.: p 'understanding �: that Central Telephone Company us of their.., acceptance or rejection of the four -- (4) suggestions Y.__contained in the filing. With this understanding, we move that the docket be closed and satisfied. Sincerely - Shirley E. Marshall, Chair Board of Commissioners SEM/bab File sx A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE ACQUISITION OF 50% OF THE STOCK OF BT CABLE, INC. BY TFBA SUB, LTD. AND TO THE CONSOLIDATION OF INTERMEDIATE SUBSIDIARIES OF BT CABLE, INC. WHEREAS, ALERT CABLE TV OF NORTH CAROLINA, INC. , an indirect wholly owned subsidiary of BT Cable, Inc. , is a cable television franchisee in the Orange County; and WHEREAS, BT Cable, Inc. is presently controlled 50% by Taft Broadcasting Company and 50% by the Robert M. Bass Group; and WHEREAS, after TFBA Limited Partnership acquires by merger Taft Broadcasting Company, TFBA will sell Taft ' s BT Cable, Inc. stock to a newly formed partnership controlled by Bass , all as set forth in the letter application dated June 19 , 1987; and WHEREAS, subsequent to the foregoing transaction, BT Cable, Inc. may desire to restructure its corporate organization by consolidating its intermediate subsidiaries; and WHEREAS, approval has been requested as to the foregoing transactions; NOW, THEREFORE, BE IT ORDAINED that the Orange County hereby grants its approval, as requested, to the acquisition of 50% of the voting stock of BT Cable, Inc. by TFBA Sub, Ltd. and to the consolidation of BT Cable, Inc. ' s intermediate subsidiaries, all as set forth in the letter application dated June 19 , 1987 . Passed this 18th day of August , 1987 , effective when approved by FCC Approved: LJ Attest: . Clergy-: L //Yfo f OFFICIAL COPY ORANGE COUNTY and TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES as this 1st day cf July, 1987, by and THIS AGREEMENT, (hereinafter ��ed to as "Contractor" or Age's) between Orange C�� and the Triangle 3 Council of Governments, (hereinafter referred to as "COG"). WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking financed . and referred to as the "Project") which is to be wholly cr partially Pro' ) , grant from Administration on Aging through N.C. Division of Aging (arch meant, along with the appropriate auditing agency of the entity referred to as the "concerned Funding Agency or Agencies"), said grant being a Contr act for Social and Senior Center Services (hereinafter referred to as Contract "Grant") and, WHEREAS, the Agency desires to render such vices in connection with the Project: NOW THEREFORE, in consideration of the demises, and the mutual convenants and agreements hereinafter container the parties hereto agree as fellows 1. ent of the A en . COG hereby agrees to engage the Agency A and the Agency hereby agrees to perform the services hereinafter set g forth in accordance with the terms and conditions contained herein. 2 Local Support In accepting this contract providing for $1.01043.4 n of less than funds and $5 9�1 th non-federal cash and $0- acceptable 1,� than $11,822 of acceptable in-kind contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" (cr as described in FY 88 Area Plan) which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shallbe undertaken and pursued in such seciuence as to amore their expediti completion and as may be required in Attachment "A". All services required hereunder shall be completed on cr before June 30, 1988. thereto and made a part hereof. In no event, however v "A" which is attached and reimbursement, if any, to be paid the howe'V�r w]�ll the t� �m� sum � $106,395 Agency under this contract exceed 6. ess Pa enxs. Unless otherwise provided in Attachment "A", the basis As Agency shall be entitled to receive La-ogress payments �following the of the ]ate day of each calendar month during payment based an the unit a� Agency shall submit to COG an invoice for pay ref mburse ment rate per service (as identified Attachment accuracy"A")tf the inva'ae irwdoed �,d, g�ject. to COG's rig COG will make and the satisfactory performance of the work 'y k evidenced thereby, but oat mare payments to the Agency on a monthly basis as the work prime the end of a ofte , than once a month. Invoices must cover a period end of the id cica month and must be received within ten (10) days following the the unit period.. The Agency will be paid an amount which cost reimbursement rate to the units provided during the invoice pericd- Agency shall maintain full and complete 7. Documentation cf mated with performing the scope of work under this ion of all x documentation shall include: timesheets for each under this howl contract- �on services for recipients: receipts for any supplies employee, showing time spent subcontract expenditure all purchased for use on this contract; any applicable and such other documentation applicable overhead and indirect expenditures; service delivering the contracted necessary to on as amounts reimbursed by COG). (including Agency Documentation of Service R .- is and C onf dentiali . U. isC xp a 31Y 8. Datum Serve understood and agreed that the repot D established by individuals receiving may include, bit not be limited to, the names and with understanding no services under the terms of this contract, will be disclosed by COG in a form personal i��sobtained from any individual, without the written consent of form identification of the the individual. established by COG $ is unde�r�od and agreed that the report service � bow COG may also include actual oa�A�s incurred per casts and Agency contributions. and agreed that, in the event 9. R m of Fund It is understood Division of Aging is that the amount of funds received from the North Carolina and of Aging is reduced, COG may, in turn, decrease the total compensation to be paid hereunder and require oarrn9 changes in the Scope of Services as set out in Attachment "A". R. is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate cf progress vn this contract is leading to undng at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid to eurder in order to allocate funds to other contracts and services. the 10. C e of Unit Cast Reimbursement Rates. COG may rig COG reimbursement rags as set forth Attachment "A". The h parties tcircumstance agee that will consider entree the reimbursement rate ally under (a) Upon a showing by Agency that actual casts have increased due to factors beyond Agency's control; cr (b) Upon a showing by Agency that actual casts have increased due to a sudden increase in client load (e.g., due to a disaster event). The pie, further agree that COG shall have the right to decrease the reimbursement rate under any circumstances which show that actual costs are less than projected: including, but net limited to, circumstances in which: (a) Overall oasts of providing service are shown to be less than forecast in the Agency's original bid for this service; or (b) The Agency fads to document the required twat match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number cf units of mrvice to be delivered. 11. Pa eats Servi ts. No individual receiving services under co R to any part � the cost of the the terms of this Agreement shall be required pay by the Agency to service. However, recipients shall be given the oppartunitY Y make some contribution for the service in a manner approved by COG. Agency shall past a notice in a conspicuous place, stating that no change shall is made for the service, but that contributions will be ti accepted. A�l fifer furnish envelopes to all clients for confidential contribu All. a locked box in a convenient location for confidential deposit of envelopes. operated by the Project manager or a person designated by the Project Manager. dnvelnpes shall be collected and op Envelops shall be opened in the puce of another person, the money shall be counted and the total recorded. The with a ted in accordance with the usual procedures of the Agency, separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between depcsits. 12. m Income. Program income is any money received by Agency as a direct result of contract activity. Agency shall maintain daily records of motions by (or on behalf of) service recipents, inter received on malt, and any other program income. Agency on COG advance before diet�-'e shall not withald any program income as an offset to COG reimbursement. in the same year it is received to provide Program income shall be on of the work, including the receipt. of any additional services. Upon comPl�1 final written sub COG shall pay the Agency a sum equal mission of the Agency. to one hundred percent (100%) of the compensation to be paid under this contract, Less the total gf all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make its funding source; and if it advance funding from diligent efforts to obtain receives such advance funding, then the Agency X11 be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 13. Agency's Personnel- Agency represents that it has, or will secure at its personnel required in performing the services under this own expense, all �u not be employees ci COG, nor shall such personnel have p personnel time within the twelve-month period have beer► employees of COG dtLirng any immediately prior to the date cf this contract, except with the express prior COG written cadent of COG. Further, Agency agrees that no one employ ed by of this the twelve-month period immediately prior to theme now, ar within way with the performance of contract, shall be involved in any of COG. without the express prior written approval tracts. None of the work of services to be 14. A al of S�uacon the Agency shall be contracted without the performed under this contract by is authorized as herein P or written approval of COG. If such subcontracting ed, all subcontract documents shall be submitted to C 0 G for review by app� prior to the execution of such subcontract. Further, COG, the Agency shall provide C O G with such documentation as it shall require, regarding the Agency used in selecting its m contract is the method __ acknowledges that if the work through Federal to be funds, selection of subcontract= isgoverned sal by partially competition between potential subcon- tractors to is governed by regulations requiring e soon, The Agency agrees abide b adequate in its selection procedure. such lion. To insure adequate review and evaluation of 15. Review and Coordination. among interested parties, C O G shall be kept the work, and proper coordination procgess of the work and services to be performed Tullinformed concerning the Agency to meet with designated (officials of hereunder.e COG may require Agency from time to time to review the work. R COG and the Concerned oFunding view meeting shall be given the Agency. Reasonable prior 16. Reports. The Agency shall furnish COG with a quarterly program for which COG is required to report to the funding agency), report, (the period specified by COG, outlining the work accomplished by in such form u as may be Hof such report and the current status of the the Agency during the period as cf Project., including the percentage of the work which report shall be furnished the end of the period covered by such report• such report. within fifteen (15) days cf the end of the period covered by 17. C, Authorized representatives of C 0 G and the Concerned Funding Agency may at all reasonable times review and inspect the to this contract. All reports,activities and data collected Pint tion by or for the studies specifications, estimates, maps and eomputa prepared Agency shall be made available to authorized representatives of COG and the g on and review at all reasonable times in Concerned Funding Agency for i accvm]ated. Appal and the Agency's office where data are relieve the Agency ck its professional acceptance of such material shall not obligation to correct, at its expense, any errors found in the work. 18. Maintenance of Cast Records. The Agency shall maintain all books, documents, papers, accounting records and and other evidence ap pertaining to costs incurred in the Project and shall make such material�a from the date of times during the period of the contract, and final payment under the contract, for inspection by COG, the Concerned Funding and if the work and services too be performed this contract is General of the Agency, funded with Federal funds, the Comptroller wholly co: partially United States, or any cf their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 19. Compliance with Requirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are , readily available and reasonably necessary, as determined by COG, for the performance by the Agency Cf the work and services rewired by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes 0r other graphic representations, and works of a writings, sound recordings, or cr other documents produced in whole cc part similar nature. No reports, Ps under this contract shall be the subject of an appli cation for copyright by or an behalf of the Agency cr its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Information regarding these relevant regulations may be obtained upon Agency. a for the development of written request to COG. This contract does not provide systems analysis products, models, electronic data proving syste ms, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of report, ► map or document, the following legend: "Prepared by (insert of Agency) cY under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract is any person having any such interest and employed by the Agency contemplates taking same action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's contemplated action will not constitute a violation hereof, then the Agency shall be authorized to take a such action without being in violation cf this paragraph. 24. Interest of Members of COG and Others. No officer, member cr employee of COG, and no public official cr any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project cr any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any ccrporation, partnership or association in which he is directly cr indirectly interested; nor shall any such officer, member or employee of COG, or public official of any local government affected by the Project, have any interest, direct cr indirect, in this contract cr the proceeds arising therefrom. 25. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share cr part of this contract cr to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will net discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, cr, national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment cr recruitment advertising; layoffs or terminations; rates of pay cr other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. the Agency certifies that it presently has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by cr on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national. origin. The Agency will cause the foregoing provisions to be insetted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontractors for less than $10,000.00. (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as C O G or the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and s_rvicas which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits Agency shall maintain all required licenses, permits, bands, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or ctherwi ineffective. Failure to maintain proper licenses, permits, bands and insurance shall be a basis for COG disallowing all or part of payments under this contract cr for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fulfilling its duty under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/$50,000) insurance and Fifty Thousand Dears ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency shall hold COG harmless for any damages to the person cr property cf any individual cr organization as the result our the execution of the s-cpe of service to be performed under this Agreement. 31. Termination of the Contract.. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this contract; or if services do not meet standards as set forth by N.C. Division Aging; or if for nutrition service specifically, meals fail to follow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, COG shall give the Agency written notice specifying such failure cr violation, and giving the Agency a specified reasonabie time, not less than fifteen (15) days, within which to cure cr remedy such failure cr violation. If within such specified period the Agency shall cure or remedy such failure or violation, ar shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same cr to take such steps as foresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished cr unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject. to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials„ Notwithstanding the foregoing the Agency shall not be relieved of liabilitiy to COG for damages sustained , COG by virtue of any breach of this contract by the Agency and COG may y withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. • 32. Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry cut the provisions of this Contracct by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily oompl,eted by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall. apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and cnrrtruction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. AGENCY: Orange County //_, BY: ride-4-46,-1 Chairm- _ •esignated Official TRIANGLE J COUNCIL OF GOVERNMENTS: BY:�� � Executive Director "This. instrtanent has been rrewu2ited in the mann. - required by the Local Goverment Budget aratl FiLo,al Central Act. .72"641 - 72zr' ,_ Finance W.z.:_r of Ornnv County" APPROVED AS TO L GA ORM: e..- 9/( . v Caarel4 Triangle J Council of Governments • ATTACHMENT A TRANSPORTATION 1. Location of Service Provision. This service shall be carried out for older persors in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by C OG exceed the maximum cf $44,371 Federal funds, $2,619 State funds for the specified service and shall comfit ute full and complete compensation for the Contractor's service hereunder. Local match of $5$5 2220 Cash and -0- in kind resources shall be required under this contract 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of One Dollars and nine Cents ( $1.09 ) is agreed upon for every unit of service delivered to eligible recipients, COG will reimburse Contractor 90 % of this rate with Federal and State funds, an amount equalling $0.98 pies unit~ 5. Scope of Service units. It is agreed that Contractor will work towards delivering 48,000 trips of acceptable service to eligible recipients by June 30, 1988. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry N. Passmore, Aging Director shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • ATTACHMENT A CASE MANAGEMENT 1. Location of Service Provision. This service than be carried out for older Persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by COG exceed the maximum of $17,000 Federal funds,$1,000 State funds for the specified service and shall oonstibite full and complete compensation for the Contractor's service hereunder. Local match of $2 000 Cash and -0- in kind resources shall be required under this contract 4. Reimbursement Rate Per Unit of Service. A unit ccst reimbursement rate of Five Dollars and eighty-eight Cents ( $5.88 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 it of this rate with Federal and State funds, an amount equalling $5.29 per unit. 5. Scope of Service units. $ is agreed that Contractor will work towards delivering 3,400 quarter -hours of acceptable service to eligible recipients by June 30, 1988. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore, Aging Director shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation gf contract. ATTACHMENT A SENIOR CENTER OPERATIONS 1. Location of Service Provision. This service shall be carried out for older persons in _Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total compensation and reimbursement paid hereunder by C 0 G exceed the maximum of $39,113 Federal funds, $2 301 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $4,602 Cash and -0- in kind resources shall bed under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate Cl N/A Dollars and N/A Cents ( N/A ) is agreed upon every unit of service delivered to eligible for Contractor N/A 8 of this rate with F al and State funds, an amount equalling N/A per- unit.. 5. Scope of Service units. It is agreed that Contractor will work towards delivering N/A of acceptable service to eligible recipients by June 30, 1988. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. PersonneL Jt is understood and agreed that Jerry M. Passmore, Aging Director shall represent the Contractor or Project Manager in the Agreement. Any change in such Project performance a ent with C 0 G for continuation of contract- . Manager shall be subject to agreement 1 Orange County C.A.T. Driver Agreement This agreement entered into this • lat day of Sept, 1987 by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the "County" and Orange-Person-Chatham Mental Health Center, hereinafter referred to as "OPC-MHC. " SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide a certified driver for (1) OPC-MHC courier service between sites and (2) transportation of OPC-MHC's Adult Day Treatment clients. Daily courier service schedule attached. Daily pick-up and take home of Adult Day Treatment clients between the hours of 8-9 :30 and 3 :30-5:00 p.m. 2. To provide backup drivers in case the regular driver is not available. 3. To follow the OPC-MHC's transportation policies and procedures as well as State standards for program operation. 4. C.A.T. Transportation Coordinator will supervise driver. SPECIFIC RESPONSIBILITIES OF OPC MENTAL HEALTH CENTER 1. To reimburse Orange County at $6.50 per hour for a 42 hour week within 30-days after billing. 2. To pay for specialized driver training in the areas of client behavior interaction techniques with clients/families, medical management including seizures and any other procedures specific to the Adult Day Treatment program. 3. To provide a job description specifying job duties of courier/ driver and a copy of required transportation policies and procedures. 4. Director of OPC-MHC Adult Day Treatment will provide instructions regarding clients and their needs. 5. Facility Manager at OPC-MHC Northside office will provide daily instruction concerning duties and coordinate change in routes with C.A.T. Transportation Coordinator. 1 1 The term of this contract shall be from September 1, 1987 June 30, 1999 unless sooner terminated by June prior 8 written notice sooner the j either through terminate. other party Party giving 30- Y of intention to IN WITNESS WHEREOF, Orange County and Orange-person-Ch Mental Health Center have executed the Agreement of the above written. Orange-Person-Chatham date first County of Orange Orange-Person-Chatham Mental Health Cen By: ak r-4,4.A Chair or B : �r I II a.gnated Official Y 11/4 Date: •_�7 Chair or ,■ = g si ted Official Date: e— _ '" • • i Orange County C.A.T. Driver Agreement - Septembers 1987 by 1st day of Department on Aging , into this of the Inc. , agreement entered a on behalf a Enterprises This g County of Orange and Orange as the "County and between the eferred to under referred to as "0.E. " . hereinafter r to outline the conditions hereinafter r is human service agreement cooperatively provide Transportation) The purpose of this will coop Agency ide County and O.E. C.A.T. (Coordinated which the under the transportation system. pNSIBILITYES OE ORANGE COUNTY SPECIFIC RESP � s northern Orange route certified driver for k up and take home of clients 1. To provide a for daily P Monday y through Friday is not backup drivers in case the regular driver 2. To provide problem available• er to handle any P C.A.T. Transportat1onnduprviso vehicle available- 3. To employ a a driver and to assure there is INC. SPECIFIC RESPONSIBILITIES OF ORANGE ENTERPRISES' per hour for a three hour e County at $6.50 pe0 days after billing. 2. To reimburse Orange operation within each day in the areas minimum driver training for specialized yes with clients/families,TO provide and pay other procedures behavior interaction techniques medical client management including seizures and any medical manag and route. program Specific to the 0•E- p September l� 1987 through shall be. from Sep arty giving 30 days 3' of this contract either P The term sooner terminated by intention to terminate. June 3w► 1968 unless other party notice to the Inc- 4- prior written Orange Enterprises ,p e County and written. IN WITNESS WHEREOF, Orange have executed the Agreement of the date first above tulley orange Enterprises, Inc.Other County of Orange By or des grated Official the A9r / �/i Chair ' B o�signated Official � � 3 Y Courit�, c Chair Date q. Date r By. o[ Date. 1 IOrange County C.A.T. _Vehicle Lease Agreement This agreement into this 1 � day of July reement g 1987 am Comm by and between the Joint Orange-Chathunity Action, Inc hereinafter referred to as oQccn and County of Orange hereinafter referred to as County The purpose of this agreement is to outline the conditions under which the JOCCA and THE County cooper- atively provide human service transportation to Orange County ' swelderly , infirmed, and disadvantaged under the C. A. T. (Coordinated Agency Trans- portation) system. • SPECIFIC RESPONSIBILITIES OF JOCCA • 1. To lease the following identified vehicles or similiar size at the hours specified by each vehicle. 1984 International Bus (24 pass.) - CAT #1, Lic. 84501-P Vin IHVLD4M3EHA67Q25 1979 Dodge Van with lift (15 pass) - CAT #14 Lic. 91941-P Vin 836JFK372532 1983 Ford Van (15 pass) - CAT #6 - Lic. ATF-4104 Vin IETJS35G50DHB87359 SPECIFIC RESPONSIBILITIES OF the County 1. To provide all gas , maintenance, repairs and insurance (liability/ collision - minimum of 90% of replacement cost) on leased vehicles. 2. To operate and schedule the use of the leased vehicle (s) on behalf of human service clients and approved groups according to the Orange County Transportation Board policy and procedures . 3. To allow C.A.T. program agencies access (timesharing/ridesharing) to leased vehicle (s) when not scheduled for use at a rate estab- lished by the Orange County Transportation Board and approved by the County Commissioners. 4 . To complete all required vehicle operation reports and submit to the Orange County C.A.T. supervisor in the Department on Aging. The term of this contract shall be from July 1, 1987 through June 30, 1988 , unless sooner terminated by either party giving 30 days prior written notice to the other y to terminate. party of intention IN WITNESS WHEREOF, JOCCA and the County have executed the Agreement of the date first above written . AGENCY Community Orange-Chatham Community Action, Inc. AGENCY County of Orange By•( i _ )41,11„.., B it or D i• ated Official Chair h esignated Official Orange County C.A.T. Vehicle- Lease Agreement This agreement entered into this by and between the Count of Oran e 1st day of Jul lreinafter referred to as 19 87 and Oran e-Chatham Com rehensive Health Services, Inc. hereinafter referred to as OCCHS The purpose of this a ream which the Count g ant is to outline the conditions which provide um and OCCHS under ativeled, and disadvantaged transportation to Oran will cooper- atively system. under the C. A. T. (Coordinated s elderly, (Coordinated Agency Trans- portation) rans_ SPECIFIC RESPONSIBILITIES OF the Count 1 . To lease the following identified vehicles or sim' hours specified by each vehicle. iliac size at the • 1984 Dodge Van (15 pass w/lift) - CAT #12 - YIN - 287KB33WXEK311123 Lic. 91942-p SPECIFIC RESPONSIBILITIES OF OCCHS 1. To provide all gas , maintenance repairs collision - minimum of 90% of replacement mentacost) on leased(liability/vehicles. 2. To operate and schedule the use of the ) on leased vehicles. of human service clients and approved leased vehicle (s) on behalf according to the Orange County Transportation Board policy an d procedures . 3. To allow C.A.T. program agencies . to leased vehicle (s) whennotscheduled form use at estab- lished by g/ridesharing) the edbthe. Orange County Transportation Board and a rate approved' County Commissioners . by 4 . To complete all re the Oran a guired vehicle operation reports and submit to 9 County C.A.T. supervisor in the Department on Aging. g The term of this contract shall be from rough June 30, 1988 Jul 1 , 1987 ?arty giving 30 days prior wrztten ,noticestoothe rothnated b • �o terminate. Y in tent Party of intention IN WITNESS WHEREOF, County have executed the a em greent of .t f rhe date os t abov$ `ENCY count of Ora e written . Oran e AGENCY Oran e-Chatham Co rehensive Y: ea th Services Inc. Chair e . .si g hated Official By: ii i, all or Designated/4 icial A RESOLUTION GRANTING MUNICIPAL APPROVAL TO THE ACQUISITION OF 50% OF THE STOCK OF BT CABLE, INC. BY TFBA SUB, LTD. AND TO THE CONSOLIDATION OF INTERMEDIATE SUBSIDIARIES OF BT CABLE, INC. WHEREAS, ALERT CABLE TV OF NORTH CAROLINA, INC. , an indirect wholly owned subsidiary of BT Cable, Inc. , is a cable television franchisee in the Orange County; and WHEREAS, BT Cable, Inc. is presently controlled 50% by Taft Broadcasting Company and 50% by the Robert M. Bass Group; and WHEREAS, after TFBA Limited Partnership acquires by merger Taft Broadcasting Company, TFBA will sell Taft ' s BT Cable, Inc. stock to a newly formed partnership controlled by Bass , all as set forth in the letter application dated June 19 , 1987; and WHEREAS, subsequent to the foregoing transaction, BT Cable, Inc. may desire to restructure its corporate organization by consolidating its intermediate subsidiaries; and WHEREAS, approval has been requested as to the foregoing transactions; NOW, THEREFORE, BE IT ORDAINED that the Orange County hereby grants its approval, as requested, to the acquisition of 50% of the voting stock of BT Cable, Inc. by TFBA Sub, Ltd. and to the consolidation of BT Cable, Inc. ' s intermediate subsidiaries, all as set forth in the letter application dated June 19 , 1987. Passed this 18th day of August , 1987, effective when approved by FCC Approved: Attest: ,e4r C /- CoPY MEMORANDUM OF LEASE The Art Center, Inc. , of 300G East Main Street, Carrboro, North Carolina, for a term beginning the 1st day of September, 1987, and continuing for a maximum period of five (5) years, including extensions and renewals, if any, for the following: 2122 square feet designated as areas numbered 1, 2 , 3 , 4 and Kitchen in a building located at 300G East Main Street, Carrboro, North Carolina. The Provisions set forth in a written lease agreement between the parties dated the 18th day of August, 1987, are hereby incorporated in this memorandum. The Art Center, Inc. 1 `� (SEAL) / E _- v i e • rector ORANGE COUNTY -.- (SEAL) Chair he Board of Commissioners ATTEST* (OFFICIAL SEAL Clerk to e Board of ommissioners SEAL) STATE OF NORTH CAROLINA COUNTY OF e5r I, a Notary Public of said State and County, do hereby certify that Jacques Menache, personally appeared before me this day and acknowledged the due execution of the foregoing Memorandum of Lease. WITNESS my hand and notarial seal, this the of ,- . 19 V'7 . 7 day (OFFICIAL SEAL) Notary •ublic�amr,._- My commission expires: NORTH CAROLINA ORANGE COUNTY I' . Dickey , Notary Public for said County and State, certify Blythe this day and acknowledged that she she tometheeBoard of Comissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Shirley E. Marshall, Chair, sealed with its official seal, and attested by herself as Clerk. my hand and official seal, this 19th A , 19 87 day of ( F; CfXL"REp, ) PUBLIC / (74,„„A / fr \�1G,d,•�� �• Notary Public I My Coiuti expires: April 26, 1992 r ART SCHOOL LEASE 2020 Q ❑ L E A S E C: (I) This lease agreement dated the 18th day of August, 1987, by and between the County of Orange, hereinafter called the County and the The Arts Center, Inc. hereinafter called the Arts Center. W I T N E S S E T H The Arts Center hereby leases to the County and the County hereby leases from the Arts Center 2122 square feet designated as areas #1, #2, #3 , #4 and Kitchen on exhibit A, which is attached, in a building located at 300 G East Main Street, Carrboro, North Carolina. 1. TERM: The term shall commence on the 1st day of September, 1987 and shall end on the 30th day of June, 1992, on the terms and conditions set forth herein. In accordance with the requirements for obtaining State Senior Center Development grant monies, the Arts Center will allow the County to renew for one additional five-year term. 2 . RENT: a. ) The County agrees to pay the Arts Center a sum of one thousand one hundred thirty six dollars ($1, 136. ) per month in advance, on the first day of each and every month. Rent shall be paid to the Arts Center at such location as is designated in writing. b. ) Rent Schedule: Year 1 (pro-rated Sept. 1 - June 30) $ 11, 360 Year 2 through Year 5 $ 13, 632 3 . NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to the County or the Arts Center at their respective address as set forth herein: TO COUNTY: ORANGE COUNTY Department of Purchasing and Central Services 300 W. Tryon Street Hillsborough, NC 27278 TO ARTS CENTER: THE ARTS CENTER PO Box 789 Carrboro, NC 27510 or at such other address as may hereinafter be designated in writing by either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. 4 . USE AND POSSESSION: It is understood that the leased premises are to be used by the Orange County Department on Aging for general office purposes, for various programs offered to Senior Citizens and for a Senior's nutrition site. it is likewise understood, within scheduling constraints as specified in the "Scheduling" section of this lease, that meetings held by various County departments, Boards or • I PAGE 2 Commissions are permitted and that the County may, upon approval of Arts Center staff, utilize other areas of the Arts Center for the purpose of holding meeting or classes. Offices, Areas #3 and #4 as designated on Exhibit A, will be used exclusively by the Department on Aging. 5. SCHEDULING: Responsibility to schedule areas #1, #2 and Kitchen are as follows: C = County will schedule A = Art Center will schedule 8: 00 A.M. 5: 01 P.M. to 12: 01 A.M. to to 5: 00 P.M. 12 : 00 MIDNIGHT 8: 00 A.M. Monday C C A Tuesday C C A Wednesday C C A Thursday C A A Friday C A A Saturday A A A Sunday A A A Requests by the Arts Center for the use of areas #1, #2 and the kitchen during hours designated for County scheduling will not be unreasonably denied. Requests by the County for the use of areas #1, #2 and Kitchen during hours designated for Arts Center Scheduling will not be unreasonably denied. 6. STORAGE: The Arts Center will allow the County to utilize 50% of built-in storage space to be constructed in areas #1, #2 and kitchen. 7 . REPAIR AND MAINTENANCE: The Arts Center agrees to keep repair maintain the interior and exterior of the building, and areas, sidewalks, parking area, repairs for heat l ingandoair- conditioning, plumbing and electrical. 8 . UTILITIES: It is understood and agreed that the Arts Center provide all utilities, except telephone service. will 9. MAINTENANCE SERVICES: The Arts Center agrees to provide routine janitorial service and trash removal daily and to provide supplies associated with this function. the Arts Center agrees to keep restrooms supplied with towels, toilet tissue . I PAGE 3 and hand soap. The County will provide quarterly floor maintenance in areas #1, #2, #3 , #4, and kitchen. Maintenance to consist of stripping floor, if required, waxing and buffing. Scheduling of this maintenance to be coordinated with Arts Center staff. 10. TELEPHONES: It is agreed that the Arts Center will provide wiring, jacks and handsets in the leased premises. It will be the County's responsibility to arrange for connection of phone service and to pay monthly line charges and long distance charges. 11. INSURANCE: The Arts Center shall provide All Risks of Physical Loss or Damage coverage to the Leased Premises Property owned by the County and housed in the Leased Premises will be insured by the County. If the leased premises is destroyed by fire or other casualty, without fault of the County, this lease shall immediately terminate and the rent apportioned to the time of the damage. In case of partial destruction or damages by fire or other casualty without fault of the County, so as to render the premises untentable in whole or in part, there shall be an apportionment of the rent based on available leased space until the damage has been repaired. During such period of repair, the County shall reserve the right to obtain similar office space at the County's expense or the County may terminate the lease by giving ten (10) days written notice to the Arts Center. The Arts Center shall provide and maintain general liability insurance with limits of no less than $100, 000 per occurrence, $300, 000 aggregate, the Arts Center shall provide the County with a certificate of insurance stating coverage and limits within thirty (30) days following the execution of the lease. 12 . INDEMNITY: The County agrees to indemnify and save harmless to the extent permitted by law and to the extend provided for by policies of insurance maintained by the County, the Arts Center 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 County or an employee, agent, visitor, assign or undertenant of the County 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 County 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 County. 13 . QUIET ENJOYMENT: The Arts Center agrees that the County upon 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 to the terms of this lease. PAGE 4 14 . ENTIRE AGREEMENT: This lease contains the entire areement the parties hereto, and no promises, agreements, conditibons etween stipulations not contained herein shall be binding upon either party hereto. 15. COVENANT of TITLE: The Arts Center covenants and warrants that it has full right and power top execute and perform this lease. If at any time during the term hereby demised the title of the Arts Center shall fail or it shall be discovered that the Arts Center's title does not permit the Arts Center to grant the premises for demised, the County's remedy, which shall tbe exclusive ofrall other remedies, shall be: 1. ) Annual and void this lease and; 2 . ) the Arts Center shall indemnify and hold the County harmless against any claims for rents resulting from titles claim. m any 16. SIGNS: The County reserves the right to erect a sign that it appropriate to properly direct the deems housed in the leased Public to the Senior Center premises. Prior to erection or posting of signs, the County agrees to submit plans to the Arts Center Director for approval, approval shall not be unreasonably withheld. All signs the ected/posted by the County shall comply requirements of public authorities having P y sdic all with respect thereto. g jurisdiction with 17. PARKING: The Arts Center shall provide ade qu members and Department on Aging clients. ate parking for staff It is understood and agreed that Department on Aging busses will load and unload clients at the front entrance of the Arts Center. ART CENTER, INC. Al 411M-. ES ;--1°1! E, EXECUTIVE DIRECTOR ORANGE COUNTY 1 S"IRLEY MARSHALL, CHAIR ATTEST: Clerk to e Board of Sz sioner s Copy MEMORANDUM OF LEASE The Art Center, Inc. , of 300G East Main Street, Carrboro, North Carolina, for a term beginning the 1st day of September, 1987, and continuing for a maximum period of five (5) years, including extensions and renewals, if any, for the following: 2122 square feet designated as areas numbered 1, 2, 3, 4 and Kitchen in a building located at 300G East Main Street, Carrboro, North Carolina. The Provisions set forth in a written lease agreement between the parties dated the 18th day of August, 1987, are hereby incorporated in this memorandum. The Art Center, Inc. \ (SEAL) (;' E - r rector ORANGE COUNTY j114: g ILA4446 (SEAL) Chair he Board of Commissioners ATTEST• (OFFICIAL SEAL Clerk to e Board of ommissioners SEAL) STATE OF NORTH CAROLINA COUNTY OF _ I, a Notary Public of said State and County, do certify that Jacques Menache, personally appeared hereby day and acknowledged the due execution of theaforegoingeMemorandum of Lease. WITNESS my hand and notarial seal, this the of 19 `, day Aw :( (OFFICIAL SEAL) Not y bile My commission expires: = 9 NORTH CAROLINA ORANGE COUNTY I, Dicice Public for and State, certify that Beverly ,the Notar came said this day and acknowledged that she is Clerk to the Board of and as Comissione saot Orange Couy, and that by authority duly given County, signed in its name by Shirley E. rshall, Chair, sealed instrument its official seal, and attested by herself as Clerk. its hand and official seal, this 19th A A , 19 87 • day of ( "F��LCrAL "BE ) PUBLIC Notary Public/LL L' My C. expires: April 26, 1992 Mr ART SCHOOL LEASE 2020 C: 7 (I) IF ' LEASE This lease agreement dated the 18th day of August, 1987, by and between the County of Orange, hereinafter called the County and the The Arts Center, Inc. hereinafter called the Arts Center. W I T N E S S E T H The Arts Center hereby leases to the County and the County hereby leases from the Arts Center 2122 square feet designated as areas #1, #2, #3 , #4 and Kitchen on exhibit A, which is attached, in a building located at 300 G East Main Street, Carrboro, North Carolina. 1. TERM: The term shall commence on the 1st day of September, 1987 and shall end on the 30th day of June, 1992, on the terms and conditions set forth herein. In accordance with the requirements for obtaining State Senior Center Development grant monies, the Arts Center will allow the County to renew for one additional five-year term. 2 . RENT: a. ) The County agrees to pay the Arts Center a sum of one thousand one hundred thirty six dollars ($1, 136. ) per month in advance, on the first day of each and every month. Rent shall be paid to the Arts Center at such location as is designated in writing. b. ) Rent Schedule: Year 1 (pro-rated Sept. 1 - June 30) $ 11, 360 Year 2 through Year 5 $ 13, 632 3 . NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to the County or the Arts Center at their respective address as set forth herein: TO COUNTY: ORANGE COUNTY Department of Purchasing and Central Services 300 W. Tryon Street Hillsborough, NC 27278 TO ARTS CENTER: THE ARTS CENTER PO Box 789 Carrboro, NC 27510 or at such other address as may hereinafter be designated in writing by either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. 4 . USE AND POSSESSION: It is understood that the leased premises are to be used by the Orange County Department on Aging for general office purposes, for various programs offered to Senior Citizens and for a Senior's nutrition site. It is likewise understood, within scheduling constraints as specified in the "Scheduling" section of this lease, that meetings held by various County departments, Boards or PAGE 2 Commissions are permitted and that the County may, upon approval of Arts Center staff, utilize other areas of the Arts Center for the purpose of holding meeting or classes. Offices, Areas #3 and #4 as designated on Exhibit A, will be used exclusively by the Department on Aging. 5. SCHEDULING: Responsibility to schedule areas #1, #2 and Kitchen are as follows: C = County will schedule A = Art Center will schedule 8: 00 A.M. 5: 01 P.M. 12:01 A.M. to to to 5:00 P.M. 12:00 MIDNIGHT 8:00 A.M. Monday C C A Tuesday C C A Wednesday C C A Thursday c A A Friday C A A Saturday A A A Sunday A A A Requests by the Arts Center for the use of areas #1, #2 and the kitchen during hours designated for County scheduling will not be unreasonably denied. Requests by the County for the use of areas #1, #2 and Kitchen during hours designated for Arts Center Scheduling will not be unreasonably denied. 6. STORAGE: The Arts Center will allow the County to utilize 50% of built-in storage space to be constructed in areas #1, #2 and kitchen. 7. REPAIR AND MAINTENANCE: The Arts Center agrees to keep repair and maintain the interior and exterior of the building, all common areas, sidewalks, parking area, repairs for heating and air- conditioning, plumbing and electrical. 8. UTILITIES: It is understood and agreed that the Arts Center will provide all utilities, except telephone service. 9. MAINTENANCE SERVICES: The Arts Center agrees to provide routine janitorial service and trash removal daily and to provide supplies associated with this function. the Arts Center agrees to keep restrooms supplied with towels, toilet tissue PAGE 3 and hand soap. The County will provide quarterly floor maintenance in areas #1, #2, #3 , #4, and kitchen. Maintenance to consist of stripping floor, if required, waxing and buffing. Scheduling of this maintenance to be coordinated with Arts Center staff. 10. TELEPHONES: It is agreed that the Arts Center will provide wiring, jacks and handsets in the leased premises. It will be the County's responsibility to arrange for connection of phone service and to pay monthly line charges and long distance charges. 11. INSURANCE: The Arts Center shall provide All Risks of Physical Loss or Damage coverage to the Leased Premises Property owned by the County and housed in the Leased Premises will be insured by the County. If the leased premises is destroyed by fire or other casualty, without fault of the County, this lease shall immediately terminate and the rent apportioned to the time of the damage. In case of partial destruction or damages by fire or other casualty without fault of the County, so as to render the premises untentable in whole or in part, there shall be an apportionment of the rent based on available leased space until the damage has been repaired. During such period of repair, the County shall reserve the right to obtain similar office space at the County's expense or the County may terminate the lease by giving ten (10) days written notice to the Arts Center. The Arts Center shall provide and maintain general liability insurance with limits of no less than $100, 000 per occurrence, $300, 000 aggregate. the Arts Center shall provide the County with a certificate of insurance stating coverage and limits within thirty (30) days following the execution of the lease. 12. INDEMNITY: The County agrees to indemnify and save harmless to the extent permitted by law and to the extend provided for by policies of insurance maintained by against and from any and all claims byoorton behalf rof 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 County or an employee, agent, visitor, assign or undertenant of the County 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 County 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 County. 13 . QUIET ENJOYMENT: The Arts Center agrees that the County upon paying stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject to the terms of this lease. a.y f- i A PAGE 4 14. ENTIRE AGREEMENT: This lease contains the entire agreement the parties hereto, and no promises, agreement, conditions between stipulations not contained herein shall be binding upon either party hereto. 15. COVENANT of TITLE: The Arts Center covenants, represents and warrants that it has full right and power to and perform this lease. If at any time during the term uhereby demised the title of the Arts Center shall fail or it shall be discovered that the Arts Center's title does not permit the Arts Center to grant the demised, the County's remedy, Which shall tbe exclusive ofrall other remedies, shall be: 1. ) Annual and void this lease and; 2. ) the Arts Center shall indemnify and hold the County harmless against any claims for rents resulting from any titles claim. 16. SIGNS: The County reserves the right to erect a sign that it deems appropriate to properly direct the public to the Senior Center housed in the leased premises. Prior to erection or posting of signs, the County agrees to submit plans to the Arts Center Director for approval approval shall not be unreasonably withheld. signs erected/posted by the County shall comply with signs requirements of public authorities having P y all with respect thereto. g jurisdiction with 17. PARKING: The Arts Center shall provide ads members and Department on Aging clientsuate parking for staff. It is understood and agreed that Department on Aging busses will load and unload clients at the front entrance of the Arts Center. ART CENTER, INC. 1► ���C�vi�v�� . _� • s E E, EXECUTIVE DIRECTOR l ORANGE COUNTY f/114-4-46C1-€ S"IRLEY MARSHALL, CHAIR ATTEST: Clerk to e Board of ommissioners H SAWYER, P.c.HAZEN AND CONSULTING ENGINEERS August 11 , 1987 Mr. Greg Szymik Orange County Planning Department 106 East Margaret Lane Hillsborough , NC 27278 Re : Proposal for Engineering Services Wildwood Subdivision Drainage Study Dear Mr. Szymik : Hazen and Sawyer, P .C . , is pleased to submit our proposal for a drainage study of the Wildwood subdivision in Orange County. Our proposal is based upon a field tour of the subdivision , discussions with various members of County staff , and review of pertinent interoffice correspondence relative to staff investigations of reported problems within the subdivision.. Based on our tour of the existing subdivision , observed drainage problems at the site include the following: 1 . Roadside ditches with minimal to inadequate longitudal slopes . Very flat longitudal slopes are creating areas of standing water within the ditch section . In some locations , the elevation of the driveway culvert pipes appear to be contributing to the problem. 2 . Portions of the existing lots are in low lying areas with poor natural drainage . Reports of nuisance "springs" have been received from the property owners in these area. It is likely that the seasonal groundwater table in the low lying areas is at or near the surface of the ground for extended periods of time each year. Drainage improvements in such areas may provide some relief , but we suspect that this problem will continue to be a nuisance to at least some extent. 4300 GLENWOOD AVENUE • P.O.BOX 30428 RALEIGH,NORTH CAROLINA 27622 • (919)782-8333 RALEIGH,NC CHARLOTTE,NC HOLLYWOOD.FL NEW YORK,NY Mr. Grey Szymik August 11 , 1987 Page 2 3 . Primary drainage is in a westerly direction to a natural channel flowing to the north and eventually crossing under the railroad downstream of the subdivision . The channel section is poorly defined and has a number of trees growing within the o expected wetted perimeter. This channel would also receive the drainage from the proposed p the subdivision . Given the present condition and limited carrying capacity of the channel , we anticipate that some channel improvements will wbel necessary to relieve the existing problems as providing capacity for expansion of the development. Subject to your concurrence , we propose the following scope of service : 1 . Investigate and develop recommendations r cited correction of the existing drainage problems in the June 12 , 1987 memorandum from Marvin E . Collins to the Orange County Board of Commissioners . A copy of this memorandum is attached and is made part of our proposal . We have indicated specific items in the memorandum that we propose to address . 2 . Determine the expected impacts of the proposed development on the existing natural drainage channel . We will determine the peak runoff rates from the existing developed area and the estimated runoff rates from the proposed areas based on the recommended zoning densities . A backwater curve will be prepared based on the hydraulic capacity of the existing culvert( s ) beneath the railroad. The recommended cross section will be determined for the drainage channel at appropriate points within the subdivision. 3. Preparation of a written report detailing our method of investigation and summarizing any recommended improvements . We envision that this report will be presented orally to the County Commissioners . We will being thebrecommendationsoin staff our report. concerning • HAZEN AND SAWYER ENGINEERS STATEMENT OF STANDARD CHARGES TIME CHARGEABLE TO PROJECT Work is billed at 2.25 times payroll costs for time of principals and employees of Hazen and Sawyer and associated design professional firms directly chargeable to the project. Payroll costs include base salary, vacations, sick leave, holidays, payroll taxes and insurance and pension plan. These rates apply to time actually devoted to the job and to travel required during normal working hours and on week- ends to suit the clients' convenience. LEGAL PROCEEDINGS Higher rates will apply to appearances and testimony in court and commission proceedings, and to other assignments where warranted by special circumstances. EXPENSES CHARGEABLE TO PROJECT Expenses such as costs for travel and subsistence, long-distance telephone, telegraph, use of computer, reproduction costs, soil borings, laboratory work, and fees for special consultants and surveyors authorized by the client, will be billed at actual cost plus 15 percent handling charge. BILLING Invoices are rendered monthly unless otherwise stipulated. Invoices not paid within forty-five (45) days are considered past due and subject to a late payment fee of 1-1/2 percent per month (18% annually) . F .. ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 4yrry �.NAO O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8708-1832 TO: Gary Lance, Code Enforcement Supervisor Greg Szymlk, Planner III (Current) Beverly Blythe, Clerk to the Commissioners FROM: Marvin E . CollinsPlanning Director SUBJECT: Wildwood Drainage Study DATE : August 31 , 1987 COPIES : Albert Kittrell , Interim County Manager Geoffrey Gledhill , County Attorney On August 18, 1987, the Board of Commissioners authorized Hazen & Sawyer to proceed with the Wildwood drainage study and the release of building permits for, units 158 and 160-163, provided the developer submitted a letter agreeing to pay for the cost of the drainage study and all required improvements. The letter from the developer has been received and reviewed by the County Attorney. (Copy attached. ) The following actions are therefore authorized : 1 . The Clerk to the Commissioners may have the Chair sign the agreement and submit it to Hazen & Sawyer. Four copies of the exceuted agreement should be submitted to the Planning Department. 2. The Code Enforcement Officer may notify the Inspections Clerk and Planner I that permits may be issued for units 158 and 160-163 . Certificates of occupancy may not be issued for the units until completion of the drainage study and the improvements. This must be noted on the permit and signed by the applicant. 3. The Planner III (Current) should notify Hazen & Sawyer and the developer of the need to have a "pre-study" conference to review available materials and documents, ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 be..tI .1 0 (le ' e..`. O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8708-1808 TO: Beverly Blythe, Clerk to the Commissioners FROM: Marvin E . Collins, Planning Director SUBJECT: Hazen & Sawyer Proposal - Wildwood Drainage Study DATE : August 12, 1987 COPIES: Greg Szymik, Planner III (Current) Pam Jones, Purchasing Director Attached is a proposal from Hazen & Sawyer to perform the drainage study for Wildwood Subdivision. If the Board of Commissioners approves the proposal at its August 18 meeting, it must be signed by the Chair. The original should be sent to Hazen & Sawyer with four (4 ) copies of the executed proposal sent to the Planning Department. If you have questions, please advise. z'�em 7' be gdc4 s ,/ 153 � j � or- O R A N G E C O U N T Y y n INTEROFFICE MEMORANDUM dticlitCa7Ze by 1;1( " 8706-1804 TO: Orange County Board of Commissioners FROM: Marvin E. Collins Planning Director SUBJECT: Drainage Problems - Wildwood Subdivision DATE: June 12, 1987 COPIES: Ken Thompson, County Manager Mana The Erosion Control Staff has conducted an investigation of drainage problems in Wlldwood, including contacts with individual property owners . The problem areas are concentrated in specific areas and are identified below. A sketch map is provided to show the general location of problem areas . 1 . Lots 131 -140 - George Anderson Drive Problems identified include: Jf a. Area is generally poorly drained. ?CI) . Stagnant water is standing in ditches._ c. Water is present under some houses . ?CC. Lot 133 is especially wet. >c e. Springs are present on lots 133 and 137 . f . Odor problems associated with sewer lines. yc g. Runoff from some lots on the west side of Judah Benjamin Court is accumulating at the rear of lots 132 and 133. X h . Some lots were filled, and the creek along the drainage easement floods the rear of these lots . 7( The Erosion Control Staff questions whether the culvert ( 18") at the intersection of Oakdale Drive Extension and George Anderson Drive is large enough. Furthermore, the Staff has concerns • about there being - adequate fall in ditches and drainage easements. JC 2. Lots 67-70 - Wade Hampton Drive A major problem identified is insufficient fall in the ditch along Wade Hampton Drive. A driveway culvert is too high, and stormwater is backing up and flowing down in front of several homes . ) 3_ Lots 15-17 - Wade Hampton Drive/John Breckenridge Drive Problems identified include: INTEROFFICE MEMORANDUM: 8706-1804 15 `� Drainage Problems - Wildwood Subdivision June 12, 1967 Page 2 a. The area is poorly drained. )C b . The drainage easement on lots 15 and 16 has been filled in, and houses constructed. An attempt is being made to carry runoff around the perimeter of lot 16 . X c. Springs are present on lot 17 . • 7cod. Stagnant water is standing in ditches. e. Odors problems associated with sewer Iines . f . Associated pests such as mosquitos. 7c The Erosion Control Staff is also Concerned about the culvert (36" ) under John Breckenridge Drive being too high to provide adequate fall . 4 . Lots 31 , 32 and 47 - Joseph Johnson Court/George Anderson Drive Problems identified include the following: ?pia. Poorly drained drainage easement, including stagnant water. b . Existence of weeds and pests. c; Odors associated with sewer lines. d. Lot 32 has not been built on and needs to be Cleaned up. >4 5 . Lots 48-49 - George Anderson Drive Problems identified include stagnant water in adjacent drainage ditch and the existence of a spring on lot 46 . in addition to the above, potential problems have been identified as follows: `- 1 ` The drainage easements on lots 32-36 ( Joseph Johnson Court) should be monitored since the lots 'were partially filled. Some property owners have taken steps to deal with p'oblem areas. x2. When and if lots 115-117 require some fill . There are are developed, they will associated with such filling are drainage problems The Erosion Control Staff has noted that soils within Wildwood Subdivision are predominantly Georgeville and such drainage problems as are being experienced would not have been anticipated with that soil type. RECOMMENDATIONS The information provided above verifies the existence of drainage problems in Wildwood Subdivision. Specific solutions • , 185 INTEROFFICE MEMORANDUM: 8706-1804 Drainage Problems - Wildwood Subdivision June 12, 1987 Page 3 can only be provided through a more in-depth evaluation of the total drainage pattern within the subdivision. I recommend that further plat approvals for existing phases and/or sections of Wildwood Subdivision be withheld until the the—following are completed : • 1 . The developer reimburses the County for the cost of employing the services of a registered engineer to conduct a detailed evaluation of the drainage problems in Wildwood Subdivision and prepare a stormwater management plan to resolve identified problems, including problems associated with the existence of underground springs both in existing portions of the subdivision and proposed additions thereto; 2. Submission to and approval by both Orange County and the N.C. Department of Transportation of the stormwater management plan as described in 11 above; and 3. Installation, by the developer._ of all required improvements - as shown on the approved stormwater management plan. If legally possible, I would further recommend that no additional building permits be issued for dwellings in Wildwood Subdivision until the above plans have been prepared and approved, and improvements installed. 1 . F t � r' V ' he Or oM Orange County C.A.T. Vehicle Lease Agreement This agreement entered into by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the "County" and Orange Enterprises, Inc. , hereinafter referred to as "0.E". The purpose of this agreement is to outline the conditions under which the County and O.E. will cooperatively provide human service trans- portation to Orange County's aging, infirmed and disadvantaged under the C.A.T. (Cooperative Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To lease three (3) vehicles to 0.E. Monday through Friday, for daily pick-up and take home 0.E. clients. 2. To provide all insurance, fuel, maintenance repairs and replace- ment for each leased vehicle . 3. To lease the following identified vehicles or similiar size at the hours specified by each vehicle. 1984 Ford Van (15 pass. ) - CAT #9, Bourg - 6-8 a.m., 3:30-6 p.m. M--t 1985 Chev. Bus (24 psss./lift) CAT #5. Hours - 6-8 a.m., 3:305:3) p.m. 1984 Dodge Van (15 pass/lift) - CAT ell Hours 7-8 a.m., 3:30`5 p.m. M-P 4. To provide back-up vehicles for routes and short term low to 0.E. at other times on a scheduled basis. SPECIFIC RESPONSIBILITIES OF GRANGE ENTERPRISES, INC. 1. To reimburse Orange County at the per mile rate of 8.35 for a van and $:55 for mini-bus due 30 days after billing. 2. To operate and schedule the use of the leased vehicles according to the Orange County Transportation Board policy concerning CAT Leasing (attachment #2) and driver certification (attachment t3). 3. To complete all required NCDOr operation reports and CAT vehicle Daily Log and submit to Mange County Deportment on Aging. 4. To park•all lensed vehicles at the CAT Parking Lot (300 west Tryon Street, Hillsborough).when not in use except CAT i 9 to be parked at the OPC Mental Health Center in Chapel Bill. The term of this contrast shall be from 1, 1987 through suns 30, 1988 unless sooner terminated by either party giving 30 days prior written notice to the other party of intention to terminate. IN WI'1755. • Orange County and Orange Enterprises, Inc. have executed the Agreement of the date first above written. County of Orange Orange Enterprises By- ey. CZELA, Date: August 18, 1987 Date: - - f Orange County C.A.T. Driver Agreement This agreement entered into this 1st da and between the County of Orange on behalf of of Se and the to of Orange Department 1987 by hereinafter referred to as the "Count the Department on Aging, Y and Orange Enterprises, Inc. , which TthePurpose of this agreement is transportation hi hheCo y and O.E. will cooperatively provide the conditions um n sery under under the C.A.T. Y Provide human system. A.T (Coordinated Agency srtatio gency Transportation) SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide a certified driver for O.E. 's nor route Monday through Friday northern Orange Y for daily Pick-up and take home of clients 2. To provide backup regular drivers in case the re available. r driver is not 3. To employ a C.A.T. Transportation and to assure there is a driver and yvehicle ravailab any Y problem SPECIFIC RESPONSIBILITIES OF ORANGE ENTERPRISES, INC. 1. To reimburse Orange County at $6.50 minimum each day of operation within 30 hour after a three hour 2. To provide and days after billing. of client behavior interaction;tedhni�Ues training medical management including i it the areas techniques with thirnts/fedurees , specific to the O.E. program andZroute. any other procedures The term of this contract shall be June 30, term of sooner contract b June 0,written 988 unless e from September party 1, 1987 to the other by either part through party of intention to terminate. IN WITNESS W13EREOF, Orange County a have executed the Agreement of the date f ge Enterprises, Inc. first Or above written. County of Orange /� Orange Enter By .e ./( . Prises, Inc. sc.,/„.", Chair o :"Nj signated Official By Date Chair or des 'gnated Official Date C ' ^ )- -T - q-