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Home My WebLink AboutAgenda - 09-08-1987 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, SEPTEMBER 8, 1987 7: 30 P.M. OLD COURTHOUSE HILLSBOROUGH, 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 AND DECISION 002 * 1. Housing Demonstration Grant Application 005 * 2 . Moriah Hill Road and Timberly Drive--Preliminary Assessment Resolution (Continued from 8/18/87 Meeting) D. RESOLUTIONS OR PROCLAMATIONS E. REPORTS 026 1. Low and Moderate Income Housing Task Force Report PAGE # F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 027 * 1. Duke Power Company Right-of-Way 030 2 . Efland Sewer Project Amendment 032 * 3 . Councilville Community Right-of-Way 036 a� 4 Northern Fairview/Councilville CDBG Programs 037 5. Resolution Petitioning Board of Transportation to Close State Roads 048 * 6. State of North Carolina, Human Resources Dept. , Division of Health Service Contract 070 a� 7 . University of North Carolina, Department of OB/GYN, Obstetrical and Gynecological Professional Service Contract 0Th * 8. University of North Carolina, Department of Family Medicine, Medical Director Service Contract G. ITEMS FOR DECISION--REGULAR AGENDA 080 1. Proposed Water/Sewer Policy 093 2 . Sycamore Hill Preliminary Subdivision 109 3 . J. D. Terry Preliminary Subdivision 118 4. Turtledove Preliminary Subdivision 135 5. Z-2-87 Wildwood Section IV--Rezoning Request 190 6. Assignment of House and Building Numbers--Rural Route 2 200 * 7. Policy on Capital Expenditures and Capital Reserves 205 * 8. Capital Improvements Plan Calendar 207 9. Environmental Affairs Board Report 211 * 10. Water Conservation Ordinance Amendment 218 11. A Local Environmental Impact Statement Ordinance 223 12 . Use of Rock Quarry for Water Storage H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. 1 APPROVED SEPTEMBER 22 , 1987 : CORRECTED COPY MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 8, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, September 8, 1987 at 7:30 p.m. in the Courtroom of the Old Court- house, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr. , Stephen Halkiotis and Don Willhoit. Commissioner John Hartwell arrived at 8: 10 p.m. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager Beverly Whitehead, Interim Manager Analyst Andi Reynolds, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Director of Community and Housing Development Tara Fikes, Planners Don Powell and Greg Szymik and Budget Analyst Donna Wagner. A. BOARD AND MANAGERS COMMENTS Chair Marshall announced that the bicentennial will be held on Sep- tember 18 in Superior Courtroom and invited the public to attend. A proclamation was added to the end of the agenda. B. AUDIENCE COMMENTS None C. MINUTES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the minutes for the May 4 meeting as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the minutes for the May 19 meeting as circulated. VOTE: UNANIMOUS. Motion was made by Chair Marshall, seconded by Commissioner Carey to approve the minutes for the August 18 meeting as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE The Public Charge was read by Chair Marshall. PUBLIC HEARING AND DECISION 1. HOUSING DEMONSTRATION GRANT APPLICATION Tara Fikes presented for the receipt of comments from the public the proposed FY 1987 Housing Demonstration Grant Application. The Housing and Community Development Department designed a housing program in conjunction with the Orange County Habitat for Humanity and the Inter- Faith Council. Jeffrey Levine from the Habitat for Humanity described the pro- ject and explained that there will be four single family houses built. He presented slides which demonstrated the kind of construction that would take place. T/ THERE BEING NO CITIZEN COMMENTS, THE PUBLIC HEARING WAS CLOSED. 2 Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the Manager's recommendation to: (1) Authorize the proposed project activities in the Housing Demonstration Program, adopt a Resolution authorizing the submission of the grant application, and authorize the Chair to sign, and (2) Approve the local contribution of $22, 140 and authorize the Chair to sign a letter of commitment to NRCD on behalf of the Board. VOTE: UNANIMOUS. 2 . MORIAH HILL ROAD AND TIMBERLY DRIVE - PRELIMINARY ASSESSMENT RESOLUTION (Continuation of public hearing from August 18, 1987) (Copies of the Final As e, sment Resolution and the Certificate of Mailing are on pages 21,q1E-LfWer these minutes. ) Planner Greg Szymik presented for public comments the Preliminary Assessment Resolution as approved by the Board on August 3, 1987. The Moriah Hill Road and Timberly Drive PPP project was accepted as a project by the Board of Commissioners on April 16, 1985. The Public Hearing was continued because of a concern about the validity of the signatures on the petition for the paving of these roads. The staff contacted various property owners who have communicated their wish to continue the project and indicated their signatures on the petition are unconditional. CAROLINE LONG stated that the neighborhood has agreed with those who have signed the petition and who represent 75% of the property owners. RICK GLASER, a lawyer from Durham, indicated he was hired to form a neighborhood association and that the neighborhood has agreed on the paving of the road. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Carey to (1) adopt the final assessment resolution for Moriah Hill Road and Timberly Drive, (2) accept the Certificate of Mailing offered by the Clerk to the Board, and (3) schedule the public hearing on the Prelim- inary Assessment Roll for October 20, 1987. VOTE: UNANIMOUS. D. RESOLUTIONS AND PROCLAMATIONS None E. REPORT ON LOW AND MODERATE INCOME HOUSING (A copy of the complete report is on file in the permanent agenda file in the Clerk's Office) . Lightning Brown, Chair of the Low and Moderate Income Housing Task Force presented the report. He stated that those citizens who are low income have had to be con- tent with few opportunities. There are 500 families on the waiting list for low income housing with 300 waiting for entitlements for rental subsidies. Homelessness has become an issue of public concern and afford- able housing has become a problem for the average wage earner. He stated that the report contains 40 separate recommendations in 10 different categories. The first countywide analysis of housing conditions was conducted. He talked about the issue of housing rehabilitation and substandard housing that exists in the county. He stressed the fact that mobile homes are the affordable home option in Orange County and an understanding is needed of those who chose this form of housing. Motion was made by Chair Marshall, seconded by Commissioner Carey to refer the report to the County administration for study and further refer- ral as appropriate to Housing and Community Development, Planning, t3 he Economic Development Commission, the Human Service Advisory Commission and Finance and asked that a calendar be developed for those specific areas that need additional study and/or comments. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. DUKE POWER COMPANY RIGHT-OF-WAY To approve the right-of-way to Duke Power Company for an under- ground electrical service from the Sheriff's Office to Orange Family Medical Center. 2 . EFLAND SEWER PROJECT AMENDMENT To amend the Efland Sewer fund to reflect the approved grant revenues and anticipated project costs as stated below: Appropriation: Construction $ 187,545 Engineering/Architect Fees 105, 000 Tap Fee 15,000 Contingency (94,500) Source: NC Clean Water Grant (4,913) Senate Bill 2 Funds 208,979 Transfer from General Fund 8,979 3. COUNCILVILLE COMMUNITY RIGHT-OF-WAY To approve the execution of the right-of-way agreement for Streets A and B in the Councilville Community. 4 . NORTHERN FAIRVIEW/COUNCILVILLE CDBG PROGRAMS To establish September 22, 1987 and October 5, 1987 as public hearing dates to obtain citizen comments regarding the performance of the Councilville and Northern Fairview CDBG programs. 5. RESOLUTION FOR CLOSING OF STATE ROADS Adopt a resolution requesting NCDOT abandon and close port'o s of S.R. 1100 and 1600. A copy of this resolution is on pages Z. 44c .3 ; 2-these minutes. 6. STATE OF NORTH CAROLINA, DIVISION OF HEALTH SERVICE CONTRACT To approve the contract effective July 1, 1987 to June 30, 1988 and to authorize the Chair to sign the contract and the associated assurances. 7. OBSTETRICAL AND GYNECOLOGICAL PROFESSIONAL SERVICE CONTRACT To approve the contract effective July 1, 1987 to June 30, 1988 and authorize the Chair to sign. 8 . UNIVERSITY OF N.C. - MEDICAL DIRECTOR SERVICE CONTRACT To approve the agreement effective August 1, 1987 to June 30, 1988 and to authorize the Chair to sign. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the items as listed on the consent agenda. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 4 1. PROPOSED WATER AND SEWER POLICY Planning Director Marvin Collins explained that two documents are included in the agenda. One is the proposed water/sewer policy as approved by the Planning Board and the second is a list of those comments developed by the County Manager, County Attorney, Finance Director and Planning Director. Discussion ensued on the proposed policy and the Board members asked that the following changes be made to the proposed policy. (1) Section 4 - define the term "development project". (2) Identify water/sewer service districts in terms of a ten and twenty year transition area. (3) Section 6 - define what the policy will apply to in terms of projects - public projects to address a public health need or if it would include other developments as well. (4) Determine the extent of the involvement of private utility providers and whether or not they would be permitted to enter into agreements with the County. (5) Determine the relationship of this policy to Impact Fees and financing methods. (6) Section 6 - regarding the improvement of job opportunities change the wording from "in the absence of" to "unless there is a statement". (7) Section 6 - add to last paragraph in (c) "revenues which are in excess to the cost of services". (8) Develop a set of criteria for other public projects as opposed to those that are private in nature. It was the consensus of the Board that the policy be reworked to include the comments made by the members of the Board and brought back to them at the October 20 meeting for additional comments to be presented at the November quarterly public hearing for citizen comments. 2 . SYCAMORE HILL PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval the Prelimi- nary Plan for Sycamore Hill Subdivision. The property is located in Bingham Township on Orange Grove Road (SR 1006) . The developer is propos- ing a private Class B road (Thistle Trail) to serve the development. The property is zoned Rural Buffer (R-B) and designated Rural Buffer in the Orange County Land Use Plan. The County Manager recommends approval with the following three conditions: 1. Payment-in-lieu of dedicated open space in the amount of $459. 2. Indicate the location of an existing building on the plat. 3 . Development of thistle Trail as a public road in accordance with NCDOT standards. roads and Athelmannercinswhichatheelordinancelsshould be inte reted versus how it had been interpreted. nterpreted versus private roadainathehsubdivisionPer Bhennotededthatem had planned to put a received by the Commissioners about dirt roads are from ofcitizens owho alive on State-maintained roads and not from those who live on subdivision roads who know from the beginning they will be living on a dirt or gravel road. Chair Marshall explained that when the Ordinance was adopted it was adopted with the intent that all roads be public last two years an enormous number of private roadshave beensnpra a rovedg the Collins stated that there had never been any question about bout the interpretation of the private road provisions until 1985. The Ordinan5 ce had been followed consistently. During the last two years questions have been raised with regards to private/public roads and the Planning Staff don't at this time know what to tell developers. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to approve the Preliminary Plan for Sycamore Hill Subdivision with conditions #1 and #2 as stated above. Discussion ensued on who should bear the burden of proof. The County Attorney stated the Ordinance should be followed or it should be changed to comply with what is being done. Commissioner Willhoit suggested that a survey be conducted of those who live on subdivision roads to ascertain a level of satisfaction or dissatisfaction. Greg Szymik stated that NCDOT indicated that the cost of main- taining an unpaved road is approximately half of the cost to maintain a paved road. Barry Jacobs assured the Board that the Planning Board will be studying the issue in an effort to obtain a more concrete interpretation which will enable them to propose changes in the Ordinance for Board consideration. VOTE: AYES, Commissioners Carey, Hartwell and Halkiotis; NOES, Commis- sioner Willhoit and Chair Marshall. NOTE: DON WILLHOIT WAS EXCUSED FROM THE MEETING AT 10:10. 3 . J. D. TERRY PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval nary Plan for J. D. Terry Subdivision. The property islocatedeinrLittle River Township on Green Riley Road (SR 1579) . The applicant proposes to create one (1) aditional lot4by2 dividingathe tract. One lot would be 2 . 04 acres and the other lot would be 1.99 acres. The Planning Board and the County Manager recommends approval. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Halkiotis to approve the Preliminary Plan for the J. D. Terry Sub- division. VOTE: UNANIMOUS. 4. TURTLEDOVE PRELIMINARY SUBDIVISION Greg Szymik presented for consideration of approval the Prelimi- nary Plan for Turtledove Subdivision. The property is located in Chapel Hill Township on Old Greensboro Highway. it is a 13 .85 acre tract with 5 lots proposed. The average lot size is 2. 31 acres. The developer is proposing a private Class B road. The property is zoned Rural Buffer and designated PW-II in the Land Use Plan. The Planning Board recommends approval subject to the following condition: 1. Include in the Road Maintenance Agreement provisions which would: a. Permit the property to the west to have access to the proposed Turtledove Lane; b. Require upgrading of the proposed Turtledove Lane to public road standards if the property to the west is subdi- vided and accesses Turtledove Lane; and c. Require upgrading of the proposed Turtledove lane to public road standards if any parcel within Turtledove Sub- division and served by the road is further subdivided. The County Manager recommends approval subject to the condition • stated above with one additional condition: 6 d. In the event that Turtledove Lane is upgraded by develop- ment of the property to the west, the owners of property in Turtledove Subdivision as well as the owners of the property being developed to the west will agree to maintain Turtledove Lane in an upgraded condition (NCDOT standards) until NCDOT accepts the road for maintenance. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the County Manager's recommendation. VOTE: UNANIMOUS. 5. Z-2-87 WILDWOOD SECTION IV - REZONING REQUEST Marvin Collins presented for consideration a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. The property is located west of the present Wildwood Subdivision off N.C. 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan and presently zoned Residential 2 . The applicant is requesting that the zoning classification be changed to Residential-4. The Hillsborough Town Board at its June 8, 1987 meeting recommended approval of an R-3 zoning classification with the understanding that a cluster development approach would be used to compensate for terrain problems. The Planning Board recommended that the request be denied because there were no changed conditions in the area which would justify the rezoning of the property to allow higher densities. The Manager recommends denial of the request for rezoning of the property from R-2 to R-3 as recommended by the Planning Board. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Manager's recommendation. VOTE: UNANIMOUS. 6. ASSIGNMENT OF HOUSE AND BUILDING NUMBERS - RURAL ROUTE 2 Marvin Collins presented for consideration of approval proposed assignment of house and building numbers for Rural Route 2 the Orange County. The route encompasses an area north of Chapel Hill includ- ing Blackwood Station, a portion of N.C. Highway hwa 86 Subdivision and portions of the following roads: Mt. ESinai, University Station, Old N.C. 10, New Hope Church Road and Old N.C. 86. As required by General Statute 153A-240, a public hearing was held on August 24, 1987, following the notification of all affected resi- dents and posting of the hearing notice in the Courthouse and two public places in Chapel Hill Township (Estes Drive and Franklin Street Post Offices and Sunrise Farmers Market on N.C. highway 86) . At the public hearing, many residents of Hideaway Estates expressed concern about the proposed numbering system, since house numbers already existed for the subdivision. The Planning Staff researched their concerns and have provided responses to those people. A Planning Board recommendation is not required. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to approve the proposed house and building numbers, followed by notification of the Chapel Hill Postmaster, the N.C. Department of Transportation, and the Towns of Chapel Hill and Carrboro as required G.S. 153A-240. red b y VOTE: UNANIMOUS. 7. POLICY ON CAPITAL EXPENDITURES AND CAPITAL RESERVES Director of Finance Gordon Baker reviewed the suggested changes in the five year capital improvement program and ca ital 7 proposed by Chair Shirley Marshall. P� Policies as With reference to the use of the 1/2 cent sales tax revenues and the use of capital reserve funds he suggested that they should probably be considered as separate policy issues. He suggested that the County's portion of the two 1/2 cent sales tax revenues be restricted to capital expenditure items costing $15, 000 or more rather than to items costing over $50, 000. Chair Marshall stated disagreement with lowering the figure to $15, 000. The small items should be taken out of current capital with the larger items prioritized and taken out of capital reserve. She stated that if the County expects to move into pay-as-you-go after one more bond issue, the County must be extremely conservative in how the money is spent. Baker agreed that the portion of the 1/2 cent sales tax which is dedicated to school capital expenditures should be restricted to buildings, land and building improvements, renovations, major restorations and lease purchase of equipment costing over $50, 000 as suggested by Chair Marshall. He suggested that the use of capital reserve funds not be restricted by a blanket dollar limit but that each such fund be considered separately based upon the purpose for which it is established. At the present time the County has three capital reserve funds capital, (2) county capital and (3) recreation capital. He suggested oa $50, 000 restriction for the School Capital Reserve, Capital Reserve Fund and as little as $1, 000 for $5, 000 for the apital Reserve Fund. These amounts are in aseparatefund -R not in general or fund balance accounts. general The Board agreed by consensus that a $30,000 restriction would be placed on the County Capital Reserve Fund and to wait on placing a re- striction on the Recreation Capital Reserve Fund until the Master Park Plan is presented. It was decided that a separate fund should be created for vehicles. Baker suggested that any capital expenditure costing at least $25, 000 and having a useful life of at least five years be considered a capital project and accounted for in a capital project fund. This amount was increased to $30, 000 by the Board. Baker suggested that all County capital expenditures with a unit cost of $10, 000 or more, with the exception of vehicles, be included in the CIP. This amount was increased to $30, 000 by the Board. The policy as suggested by Chair Marshall for the use of the 2/3 net debt reduction bond option was approved by the Board. That policy is stated below: "Use of the 2/3 net debt reduction bond option be limited to either the policy adopted in relation to the Efland sewer or to an even stricter policy that limits use only to a major emergency. By consensus of the Board, the following policies were a "Continue appropriating $800, 000 a year toward interestVeand capital on the school debt. As the payment decreases in the school capital reserve fund rather than have it lost all little in the general fund. After 1999, a full appropriated to that fund each year. " $800, 000 would be "Set school current capital at $750, 000 for a period of five years and limit the portion of current capital that may come from the school capital reserve fund to the items listed for the county under policy #1. Roof repair and replacement would be included in the $750, 000. " "Create a special capital reserve for vehicle purchase. Allocations made to such a fund shall be taken from current year revenu8 es and not from optional sales tax monies. " The County Manager will put the above policies into policy form and return to the Board for official adoption. 8. CAPITAL IMPROVEMENTS PLAN CALENDAR Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the calendar as stated below: November 17 Recommended Capital Improvement Plan submitted to Board of Commissioners December 1 Afternoon Work session Board of Commissioners meeting) 1Oont°Recom- mended Capital Improvement Plan. December 15 Public Hearing on Recommended Capital Improvement Plan January 19, 1988 Afternoon work session (prior to Board of Commissioners meeting) on recom- mended Capital Improvement Plan. February i Adoption of 5 Year Capital Improvement Plan. VOTE: UNANIMOUS. 9. ENVIRONMENTAL AFFAIRS BOARD REPORT POSTPONED UNTIL NEXT MEETING. 10. WATER CONSERVATION ORDINANCE AMENDMENT (A c0 is attached to these minutes on pages ( copy of the amendment The Division of Water Resources has recomputed elevation of water below the Lake Orange spillway. The new computations from the State include the dead pool and account for the flashboard, which raises Lake Orange one foot. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to amend the Water Conservation Ordinance to reflect changes in Table i and II which include dead pool and based on spillway at 614 and to further amend the Ordinance to reflect increased water capacity based on spillway at 615 feet effective January i, 1988. VOTE: UNANIMOUS. 11. A LOCAL ENVIRONMENTAL IMPACT STATEMENT ORDINANCE Chair Marshall requested that a Local Environmental Impact State- ment Ordinance be developed by the Planning Board and ready for public hearing in November with consideration for adoption in January, 1988. Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Carey to refer this request to the Manager for implementation according to the above schedule. VOTE: UNANIMOUS. 12. USE OF ROCK UARRY FOR WATER STORAGE Commissioner Hartwell stated that Durham County made a request to Nello Teer to acquire the rights to use the arr water upon the termination of its use as a rock quarry. for the storage of In order to receive State approval 9 owner must state the recovery system pthatawill rbe usedrfort the dland. or Commissioner Carey stated that, although he has not seen the Durham plan, that it has extensive development for purposes that include recreation and agreed that this would be a good potential water source. He would like to see these reclamation plans included in the Recreation and Parks Master Park Plan. The Board agreed that if Nello Teer receives a permit to locate a rock quarry in Little River, the County should definitely make a request to Nello Teer asking that Orange County be given the right to use the quarry for water storage after the mining operation has been completed. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to ask the Manager to draft a letter to Nello L. Teer Company and appropriate State agencies requesting that if a quarry is located in Little River Township, the County will have rights to the quarry, for water storage, after the mining operation has been completed. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: COUNTY SENIOR CITIZENS BOARD - Betty Landsberger for a three year term. HUMAN SERVICES ADVISORY COMMISSION - Karen Metzguer to finish the unexpired term of Ed Crowe who resigned. RECREATION AND PARKS ADVISORY COUNCIL - Charles Berger and Susan Waldrop. NATIONAL ORGANIZATION ON DISABILITY - Paul Leung for a one year term. ADDED ITEM PROCLAMATION Motion was made by Chair Marshall, seconded by Commissioner Hartwell to approve a proclamation to rescind Stage II water restrictions for those citizens who live in the County portion of the orange/Alamance and the Town of Hillsborough service area. VOTE: UNANIMOUS. I. ADJOURNMENT There being no further items for the Board to consider, Chair Marshall adjourned the meeting. The next meeting will be held on September 22, 1987, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk 00J. ORANGE COUNTY Action Agen BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT MEETING DATE September. 8, -1987 Subject: MINUTES Department: BOARD OF COMMIISSIONERS t Public Hearing: Yes X no i i. Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968 14501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: , May 4, 1987 - Regular Meeting May 19, 1987 - Regular Meeting August 18, 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 O BOARD OF COMMISSIONERS ACTION AGEND ACTION AGENDA ITEM ABSTRACT ITEM NO. F 13 MEETING DATE SEPTEMBER 8, 1987 SUBJECT: HOUSING DEMONSTRATION GRANT APPLICATION *********************************************************************** DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT PUBLIC HEARING X YES NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: TARA L. FIKES RESOLUTION DRAFT APPLICATION (under separate cover) PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To receive comments from the public concerning the proposed FY1987 Housing Demonstration Grant Application. BACKGROUND: The North Carolina Department of Natural Resources and Community Development (NRCD) requires applicants to conduct a public hearing after the Housing Demonstration Grant application is drafted but prior to submission of the application to NRCD on September 11, 1987. The Housing and Community Development Department has designed a housing program in conjunction with the Orange County Habitat for Humanity and the Inter-Faith Council to provide material subsidies for construction of low and moderate housing in the Chestnut Oaks Subdivision presently being developed by Habitat. Construction of these homes is being accomplished by the self- help or "sweat-equity" approach. Additionally, phase one of road construction is also proposed. Since fede- ral and state regulations pertaining to the use of CDBG funds presently prohibit the County from using CDBG funds to construct new housing, the Housing and CD Department has solicited the assistance of the Inter-Faith Council to facilitate the development of the Habitat project. The attached application draft details this project. Citizen comments received at the August 18, 1987 Commissioners meeting should be reviewed to determine whether comments are consistent with the proposed project. The total project cost is estimated at $190, 140. Since NRCD will give priority in selection to those applicants who contribute local funds to support Housing Demonstration programs, the Housing and CD Department requests that the County contribute $22, 140 to this project. This contribution will assist in completing all proposed activities and fulfill the County's local commitment to the project. These funds should be taken from the County Commissioners Contin- gency funds. 003 RECOMMENDATION: 1. Authorize the proposed project activities in the Housing Demonstration Program, adopt a Resolution authorizing the submission of the grant application, and authorize Chair to sign. 2. Approve the local contribution of $22,140 and authorize the Chair to sign a letter of commitment to NRCD on behalf of the Board. _ 009 RESOLUTION AUTHORIZING AN APPLICATION FOR HOUSING DEMONSTRATION GRANT FUNDS NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Orange, North Carolina, that an application for Housing Demonstration Grant funds is hereby authorized. This the day of , 1987 Shirley Marshall, Chair Orange County Board of Commissioners ATTEST: Beverly Blythe, Clerk Orange County Board of Commissioners O R A N G E C O U N T Y BOARD OF COMMISSIONERS 005 ACTION AGENDA ITEM ABSTRACT Meeting Date _aelatsmtex_$L_12I .Z_ Action en a Item /lest SUBJECT: MORIAH HILL ROAD AND TIMBERLY DRIVE - PRELIMINARY ASSESSMENT RESOLUTION DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S ) : INFORMATION CONTACT: Eddie Kirk Location Maps 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. The public hearing was continued from the August 18, 1987 meeting to resolve a question concerning the validity of the petition . To schedule the public hearing on the Preliminary Assessment Roll for October 20, 1987. BACKGROUND: The Moriah Hill Road and Timberly Drive PPP project was accepted as a project by the Board of Commissioners on 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 11 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- 006 liminary and Final Assessment Resolution is required. The Resolution provides for assessment on the basis on an equal rate per lot. 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- liminary 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. At the August 18, 1987 meeting of the Board of Commissioners, a question arose concerning the validity of the petition . Specifically, three property owners had signed the petition conditioned upon the assessment being set on an equal share per property owner basis. The County Attorney indicated that such an assessment method was not possible, and the 75% participation requirements may not be met. The Planning Staff subsequently contacted the three affected property owners. All wish to go ahead with the project with an assessment on an equal rate per lot. All of them that signed the original petition are ratifying their signatures on the petition without conditions. 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. — Q 4643 1 01 AC. 00"1 I (6.14 AC. --_/ 11E SCALE: I,.° 213CM D g. 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O; _ W L-r.Ch1n 58 24 36 3756 35 34 33 '� 0 o B�ISo .� s 2.T AC. �'S AC' 2.5 5.45 AC. AC.. 0 1794 8 -302 � 1 37 2456 I 1 7� 2.48 AC. ` , 1.6 AC. 2 AC. A 1 oaf!! r6314 2.75 AC. r � _ - f 3.57AC. ! 92149 (00 1 r W.C.I Ric 3.5 AC. ` ` 2.3 C. r �} 68 x eon. j — 0 — - - r i SERT 16.14 1 v SCALE: I 200' 1 ; 59239AC Ct M ROAD AKA-1WIII MELD RU. AKA SRI 3SDEE RD filly 4'� 1 1� ' ,I 30D ` IA ��\ 1 q. r 1 r�r 4tli �yf;i 6� I ,�►ti r}i i !�:�,. ''. 2.0 AC. !'.�f+}� f r .'�,%.�r: ;,1,t.i .'.•�►' ��'iJ• T—A{'r' 1 ( i �'\ \ .. ��V/ 4i '� �';•1�, �' y.'r�� '`r.� :. 1T31 ref i� ' - (BIR` A1(E EST. i'11If +ir.� ire':I :'�''''�', �1I!'s` w I: ' { "6.38A 9$ jl[,`. 1 r P8'Jf: ! �a 1 h _ vies' A meeting of the Board of Commissioners of Orange County , North Carolina , was held at Hillsborough, North Carolina , the regular place of meeting, at 7 : 30 o' clock p. m. , on the 3rd day of August, 1987 . 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) 41881 AND 41794 , 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) 41881 and 41794 , also known as woriah 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 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 534 , 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.D.T. until the local share of the project is paid by Orange County to N. C. D.D.T. If the necessary richt 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. 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 Count ' in the of 9 � � 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 followinc form: 1 3 012 NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY ORANGE COUNTY BOARD OF COMMISSIONERS TO THE FINANCE THE LOCAL SHARE OF T m PAVING NORTH CAROLINA STATE HE COSTS OF E ALSO KNOWN AS MORIAH HILL ROAD DAND TIMBERLYDDRIVE, 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 , als known as Moriah Hill Road and Ti a 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 e7ua1 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. 15 and represents approximately � lY 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 INC. D.O.T. for the acquisition of right of way necessary for ar she project. The status of right of way will not be determined is paid by N.G. D.O.T. until the local share of the project ec� - 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.':. , 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 ;:otice 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 meeting• th_ u�a_ of m-e_�ng the of 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 BLY:"HE, 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 ?>relimina-y 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 ter: (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 using a form substantially as follows : CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board cr Commissioners of Orange County, North Carolina , DO HEREBY C:P,TI_ _ that ha t 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) 41881 and 41794 , also known as Moriah Hill Road and Tir..berly 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 AmmeammlIMMOMM 015 'ITNESS my hand and official seal of the Board cf Commissioners of Orange County, North Carolina , this the 7th day of August, 1987. BEVERLY BLY_'HE 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 l lhoi t g seconded the motion, and the resolution was passed by the following vote: Ayes: Chair Marshall and Commissioners CG-e:-, Halkio; is, Hartwell and Willhoi � Noes: t ' NONE = , Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERT:FY that the foregoing is a true cop y of the proceedings cf said Board of Commissioners at a meeting held on the 3rd day of August, ' 987 far as 1987 , so the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the co of paging North Carolina s t na State Road (s) #1881 a•,d T *1794 , also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Townshi Orange County, North C p' Carolina, as such proceedings are recorded i Minute Book 23 in 7 WITNESS my hand and the official seal of said Board , this t: e 7th day of August, 1987. /".1,Zt BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] E ft oil A meeting of the Board of Commissioners for Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting, at 7 : 30 o'clock p.m. on September 8 , 1987. Present: Absent: ****************************************************************** The following resolution was read to the Board: FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (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 Road (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 County Construction Cost $88 , 000 . 00 $33,848 . 00 Legal Services $ 700 . 00 $ 700. 00 Publication Cost $ 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 Roll 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 (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 completed and filed a Preliminary Assessment Roll. Pursuant thereto: 4 • 021 1. Orange County shall undertake the 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. 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 Commissioners 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, 1987, 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 6 023 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 (a date at least 10 days I mailed, by first-class mail, postage 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 of ---_ d ay , 1987. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. This resolution is effective upon its passage. Thereupon, Commissioner moved the passage of the foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: Noes: ****************************************************************** I , Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on September 8, 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 b 9 y 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, p Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the official seal of said Board, this the day of September, 1987. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 9 ORANGE COUNTY n 2fi BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT ACTION AG D MEETING DATE SEPTEMBER 8, 1987 ITEM N0. EL SUBJECT: LOW AND MODERATE INCOME HOUSING TASK FORCE REPORT *********************************************************************** DEPARTMENT: HOUSING/COMMUNITY DEVELOPMENT PULIC HEARING YES X NO ***********************************************B****** ****************** ATTACHMENT(S) : INFORMATION CONTACT: TARA FIKES TASK FORCE REPORT EXT 425 (UNDER SEPARATE COVER) PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 688-7331 *************************************************D*R ******************* PURPOSE: To receive the report of the Low and Moderate Income Housing Force. n g BACKGROUND: In March 1986, the Orange County Board of Commissioners and the Orange County Planning Board established the Low and Moderate Income Task Force to develop a comprehensive plan for providing low and moderate income housing within the County. Thus, this report serves as the written result of the task force efforts. Lightning Brown, Task Force Chairman will present the report, 027 ORANGE COUNTY BOARD OF COMMISSIONERS Action A ends ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: SEPTEMBER 8, 1987 SUBJECT: DUKE POWER COMPANY RIGHT-OF-WAY REQUEST DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S EASEMENT OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To grant a right-of-way to Duke Power Company for an under- ground electrical service. BACKGROUND: Duke Power has requested a right-of-way to install an under- ground cable from the Sheriff's Office to Orange Family Medical Center. The present service is not large enough to handle the demands of the Tax and Records Building and the Medical Center. Therefore, the new underground service line will attempt to eliminate possible power at and Records Office which houses the County's ucomputer tsystem. The attached map indicates the route of the electrical service. The County Attorney has reviewed right-of-way agreement. RECOMMENDATION(S) : Approve right-of-way and authorize Chair to sign. DRAWN BY: Mark Godley JOB NAME: Orange Medical'fen'ter ti 1- Form 217(2-80) Formerly 182 NC S. Cameron St., Hillsborough, N.C. 0 28 STATE OF NORTH CAROLINA O JOB NO.: 438175227 COUNTY OF Orange KNOW ALL MEN BY THESE PRESENTS, That Orange County, a Body Politic of the Sratp of North Carol inay x corporation. in consideration of the sum of one ($1.00) dollar and other good and valuable considerations, does hereby grant • unto said DUKE POWER COMPANY, its successors and assigns, the right, privilege and easement to go in and upon that certain tract or lot of land situated in said County and State, bounded by lands of: as recorded in Deed Book 209, page 313, and located in Hillsborough Township, Tax Ma 36 Block D Lot 5• and •i t ' - , . .t.• 4,1 . • 1 - - , . _ 1 . : 1 .1 I 1 . , 1 " - - 1 - 1 and to construct, maintain and operate in, upon and through said premises in a proper manner,with poles,wires, guys, conduits, cables, transformers, and other necessary apparatus and appliances, overhead or underground lines for transmitting and distributing power by electricity, and for communication purposes, together with the right at all times to enter said premises for the purpose of inspecting said lines and making necessary repairs and alterations thereon and additions thereto; together with the right at all times to cut away, or by other means to keep clear of said lines, all trees, brush, structures, and other obstructions that may, in any way, endanger the proper maintenance and operation of the same; also including the right to relocate said lines over said premises to conform to any future highway or street location, widening or improvement. This right of way ir. limited to cover only work described and shown on the attached Exhibit A. Orange County, a Body Politic of the State IN WITNESS WHEREOF, The said of North Carolina has caused this instrument to be executed by its proper officials this_ day of _ 19 ATTEST: ORANGE COUNTY, A BODY POLITIC OF THE STATE OF NORTH CAROLINA, (SEAL) By 8.cret.ry Pi lean (Affix Corporate Seal) STATE OF NORTH CAROLINA COUNTY OF I' , a Notary Public for the above State and County, hereby certify that personally came before me this day and acknowledged that he is Secretary of duly , a corporation, and that by authority y given and as the act of said corporation the foregoing and annexed instrument was signed in its name by , its with its corporate seal and attested by himself as its Secretary. President, sealed WITNESS my hand and official seal this the day of _ 19 _ Notary Public My Commission Expires The foregoing certificate of a of and sufficient. Let the instrument and the certificate_ be County, is adjudged to be correct registered. This the _day of 19 RETURN TO DUKE POWER COMPANY Attn: Edith Cartar P. 0. fox 2000 Clerk of Superior court Chapel Hill, NC 27514 County, N. C. Filed Day Of- , A.D. 19 and recorded in Book Page Fee, $ County, N. C. n (rS064(Hy-05) L • +FORMERLY 83-8. 1...X I i I H I 11 DO Duke Power ' - 029 •-,-- - _in.-- ��/' II LA 111.1.111 U6�1 0� �1 kT�Chr. Fc@/Y9 _ 7 v 7� VA } i�G 1'vf K I1p_Zi !aJ 1Jcle" ___p .✓yL E �'i— - FUSE "DIp5 e Y t r 1J war /■ V/a 25 kV./ O 1�?� u rAx U��Ic� rl 1 kVAi /A�_.3B 7_E y7 ><:-4/ ■ -Moo D F I-1--/l-LS . _r fti4 W f.Tt N�pif� r /$o ,4 OW 1S 1 r- CALLED LOCATE TV off' co. w�� ("1 ^'C%icFL ti 1 (,:are FORMAT L_____ 7 � i'r',_✓ : 4,7.81752'7'7 Sri fib•�,I I ! f NAME : ORANGE♦� ��•• 779 6-9s- - 9 1f� DATE TAKEN : 062287 ORANGE r'IEJ.,I OAL CENT ' n r DR: r. [ r 1� LCI\ I r I`i 111/r. CAMERON r.n•1 -+r DATE WANTED :ED : 4,1.1!-ICr:urt �• 1 .. , „_ r'�!='F'L RED : Y ORD TYPE : F:tiTE : t-^r AFF L PHONE : 919 O SEC r : r r.� r 7Z2 9311 TAKEN I Y : EGO METH H REi ' U : E ' PHONE :FECTTUi REQUIRED Y REV D NUMBER r .E EDE D TYPE MAILED COST 4 ° FEC ' rE NGF : JMG PRO TYPE : UG� GRID : SP :PA 7E F'F 'M ISE ) ; 8 3a-.3.0 r" 4JA T E r SURVEY COMPLETED: —43 _ c 201XM r YL FRI & rtr3 EVCE 3 NEW LDN UNITE BLDG :CIRvLIT TD : /9,0E-- 450i COUNTY- 2._, TAX DIET :OS3 MILES REEF' :COfiNl : MILES ADDED CH : 00 .OQ MILES ArD:r D UG : oo. o¢COMPANY : MILES • ATTACHED : pp.pp POLES ATTACHED TO TO CONS : TO QF EF . 4001 TO METER : O REMARKS : I : T RrNSFCFMEF t UG PRIMARY TO SERVE MEDICAL CENTER, E. CAMERON EFOr ,T+ CREW WORK UNIT SC EI DATE DATE COMPLETED BY TYKE NUMBER COMP ASSIGNEI COME' LEADER NAME IJNG� L /ti-e DATE VOIDED : PROJECT CG PRINT F:E;!CI1 TI=I7(t 1 ; : 062287 1408 I PLETE: ADJACENT MTR NUM 030 ORANGE COUNTY BOARD OF COMMISSIONERS Action A ends ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: September 8, 1987 SUBJECT: Efland Sewer Project Amendment DEPARTMENT: Finance PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Finance 1. Proposed Project Amendment TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To amend the Efland Sewer Fund to reflect the a roved and anticipated project costs. pp roved revenues • BACKGROUND: This amendment will budget the total estimated costs and revenues for the construction of the Efland Sewer. All anticipated grant proceeds and project costs are reflected in this amendment. All local funds required have been previously approved. RECOMMENDATION(S) : Approve motion to amend the Efland Sewer Project by the proposed amendment. 031 ORANGE COUNTY PROPOSED PROJECT AMENDMENT BEFORE AMENDMENT AFTER �-�- AMENDMENT EFLAND SEWER —�� AME CONSTRUCTION PROJECT Appropriation: Construction Engineering/Architect Fees $1,070 500 $ 187,545 'dap Fee 100,000 $1,258,045 Contingency 105,000 25,000 0 15,000 15,000 157,500 (94,500) 1 Source: 63,000 NC Clean Water Grant Senate Bill 2 Funds 412 170,000 (4,913) Transfer from General Fund 203,850 208,979 165,087 203,850 412,8829 29 To budget total 8,979 212,829 costs and revenues for the construction project. Approved this 8 day of September, 1987. ORANGE COUNTY 032 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT ACTION AG D IT MEETING DATE SEPTEMBER 8, 1987 EM NO. SUBJECT: COUNCTI,V,ILZE .c6INUIVITY PIGHT-OF-WAY *********************************************************************** DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT PUBLIC HEARING *********************************************************************** ATTACHMENT(S) : YES XNO INFORMATION CONTACT: TARA L. FIKES ** RIGHT OF WAY AGREEMENT PROJECT MAP PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 ************************************************************************** PURPOSE: To execute the Right -of- Way Agreement for St 688-7331 Street B in the Councilville Community. reet A and BACKGROUND: The County, under the Street Improvements activity of the Councilville CDBG Program, ac feet of right of way from acquired 196,800 square p con- structed 4, 720 linear feet ofroaadway as and A and Street B on the enclosed project ma . were built to NCDOT specifications andfinalhconstruct- road ion has been approved by NCDOT. In order to have these roads added to the North Carolina Department of Transportation Highway tained by the NCDOT, it is necessarytoSexecutena Right of Way agreement granting these rights of way to NCDOT. This agreement has been forwarded to all re Orange County officials for review. cluired RECOMMENDATION: Authorize the execution of the Right of Way - ment and authorize the Chair to sign on behalfreof the Board. RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA 033 COUNTY OF Oran e TOWNSHIP OF = Street an Street B - Counclivii e Local Name of Road Oran.e Count Farce, i the undersigned owners of that certain right Deeds undersigned of ght of way recorded in e County, and referred the Register to as follows: Sister of PARCEL ID r TOWNSHIP .MAP OC LOT -NA=AME RRCOR,bE{ 9768-58-8907 7.113.C.17 9768-58-6423 7.113.C.17B 7.113 9768-58-6065 .C•19 7.113 9768-58-4532 7.113.C.1813 9768-58-8689 7.113.0.18 9768-58-9561 7.113.C.17D 9768-58-8895 7.113.C.23 Minor 9768-58-8907 7.113.C. 17 Deed Book 526, Page 496 9768-58-6423 7.113.C.19B 7.113.0.19 9768-58-6065 9768-58-4532 7.113.0.18$ 9768-58-8689 7. 113.0.18 9766-58-9561 7.113.C.17D 9768 -58-6145 7.113.0.23 Colson 976E-Se-6226 7. 113.C.18A Davis Deed Book 525, 976b-58-5341 7.113.0.180 Deed Book 525 Page 447 7. 113•C•18D Atwater Deed Book 525, Page 446 9768-58-6423 Baldwin age 444 9768-58-5852 7.113.C,19 Deed Book 525, Pa 7.113.C.16 Parrish Deed Book 526, Page 444 9768-59-7036 Parrish Page 494 9768-59-9238 7.113.C.15 Deed Book 539 9768-59-8149 7.113.0,13 Harris Deed Book 525, Page 115 9768-fi9_8149 7.113.C.14 Page 443 9768-59-9545 7.113.0,12 Basile Deed Book 525, Page 422 9768-59-9708 7.113.C.11 Foggie Deed Book 528, Pa 9768-59-9708 7.113.C.10 Atwater Deed Book 525, Page 441 9768-79_ 7.113.0.256 Atwater Deed Book 525, Page 442 5739 7.114.1B Ingram Deed Book 525, Page 440 9768-69-2558 Lloyd 9768-6g-2446 7.113.0.26 Deed Book 525 9768-fig-3308 7.113.0.27 Harris Deed Book 525, Page 439 9768-6g-4142 7.113.0,28 Noell-Talley Deed Book 525, Page 438 9768-68-4886 7.113.0.25 Ingram Deed Book 525, Page 437 9768-6g-0038 7.113.0.24 Page 436 7.113 .C•14A Bethea-Council Deed Book 525, 9768-69-9041 Parrish Page 113 9768-59-9046 7.113.C.17C Carson Deed Book 539, Page 135 9768-58_8135 7.113.0.22 Mitchell Deed Book 525, 9768-Sg-8246 7.113.C.20 Deed Book 525, Page 435 9768-58-9045 7.113.0.22 Page 433 9768-68-4074 7.113.0.21E Cale Deed Book 525, 9768-58-8X35 7.113.0,21 Page 431 9768-58-8015 7.113•C-20 Cole 7.113.C.27H St, John's Deed Book 559, Page 64 4074 7.113.0,21 Holiness Church Deed Book 525 9768-68-2247 Page 452 9768-58-9045 7.113.C.21A 9768-69-4645 7. 113.C.21E 9768-69-2558 7.113.0.256 9768-79-5739 7.113.0.26 9768-68-5028 7.114.1$ 9768-5$-9045 7.113.0,21 Council Deed Book 559, Pa ge 61 9768-79_5739 7.113.0.21$ 9768-58-8015 7.114. 16 9768-68-4589 7.113,0.21H Council Deed Book 525, 7. 113.0.210 Council Deed Book 525, Page 428 Page 426 (Pot, aaaitien to sY5tem Where map is in Raieign) Page 1 evised July :977 034 Stre ° cily' Local Name of Road Parcel recognizing the benefits to said right of way by r Transport road, assuming responsibility forest y eason maintenance the Department of hereby grants to the mofnTranspo to the way for said proposed roads the Department of above- described line of proposed Pdopoads beans 50 feet in width,Department feet on each the ri center damages in width, e5 feet t ght of g by reason of said right each side of the and dae gest by future ght of way Aaatmsnt frhm all clais and t e for use thereof by se Department,the lands uc the rs Undersigned nd all purposes for which the Department is by law to subject said right its successors and subject said the ght of way; said right of way is shownau upon Plans of the Department ions nlg Raleigh. It further agreed that the Aartment of Trans further gn property owner w t noafenc ig orn It is upon the right of way ;11 erect no fencing nor engage in Y referred to herein. There are no conditions to this agreement not expressed herein. T undersigned hereby covenant that the undersigned shgy dolery yave covenant right to they are the sole owners of said right of w that they warrant solely and defend the this of way, jj all persons whomsoever. Y. and that they will against the lawful claims of IN WITNESS WHEREOF, we have this the day of hereunto set our hands and affixed our seals 19` t ORANGE COUNTY (SEAL) Clerk Chairman, County (SEAL) (SEAL) Co ' sib a sY Board of (SEAL) (SEAL) (SEAL) DRAWN FOR DEPARTMENT OF TRANSPORTATION NORTH CAROLINA, $Y. COUNTY I, do 777;777;7717771777, a Notary Public of and acknowledged County, North Carolina, and that she/he is the Clerk ofethenBoardcofaCouty County, a body me this day the foregoing instrument boy politic and corporate; tenth l affixed to the foregoing by writing seal the said o ntyea to y her/him; g is the corporate seal of said that the said instrument was signed Cnamt County County by geed in the nameYofna Y Commissioners of said County and attested b Chairman of as Clerk of the said Board and that the said instrument 7:771777;77 -the Board of y said Witness County, mY hand this the nd eed dg day of My Commission expires: 19----. Notary pu The foregoing certificate(s) of is/are certified to be this day and hour and dcorrect. This instrument was presented for registration Count Y recorded in the office of the .yA.N. C. , in Book at Page Register of Deeds of•19 at o'clock ~.M This��day of Register of Deeds Recorded and verified: (For aaaition to system there cap 's in Raieign) ae2 dl ' ' Exhibit H 4035 • N/C*yW A Y NOa•S4 111 "C : li Al . 1 r . • ,: r \• ,,, ,,� .t ill . . I � :t 11 :.:. . . ; 4 : �lia .. • • II � :.t 4. Y :11 � Y / iiiii'' .. ,4- i sr4re. , �fi . : vF 3 9 f�EiT TM4T R NpT -J�� a'' nr p,ii i�AO[e ANp I 411111111 -11111111H . % HiI f cl. ii.,.= r\--- --- `` ORANGE COUNTY — COUNCILVILLE COMMUNITY DEVELOPMENT ARE STREET IMPROVEMENT MAP A ammo er rs rD es wwE ISS D rffr �a MAP No.i . ORANGE COUNTY -0 6 BOARD OF COMMISSIONERS ACTION AG A ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE SEPTEMBER 8, 1987 SUBJECT: NORTHERN FAIRVIEW/COUNCILVILLE CDBG PROGRAMS *********************************************************************** DEPARTMENT: HOUSING AND COMMUNITY DEVELOPMENT PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: TARA L. FIRES NONE PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 URHA 688-7331 *************************************************D** ******************** PURPOSE: To establish public hearing dates to receive citizen and board comments prior to official closeout of the Northern Fairview and Councilville Commununity Development Block Grant Programs. BACKGROUND: All project activities in the Northern Fairview and Councilville Community Development programs have been completed. In order to complete the grant closeout process, the Department of Natural Resources and Commu- nity Development (NRCD) requires that a be held prior to official closeout of theuCDBG program to assess the performance of the County in administer- ing the grant program. Therefore, the Housing and Community Development Department re �e following public hearing dates be set in order the receive citizen comments prior to grant closeout. September 22, 1987 - Councilville CDBG Project October 5, 1987 - Northern Fairview CDBG Project Residents of both communities will be notified of these public hearing dates and will be encouraged to partici- pate. Notices will also be published in the appropriate news media . RECOMMENDATION: Establish September 22, 1987 and October 5, 1987 as public hearing dates to obtain citizen comments regarding the performance of the Councilville and Northern Fairview CDBG programs. ORANGE COUNTY O BOARD OF COMMISSIONERS Action Age da ACTION AGENDA ITEM ABSTRACT Item No. � Meeting Date: SEPTEMBER 8, 1987 SUBJECT: RESOLUTION PETITIONING BOARD OF TRANSPORTATION TO CLOSE STATE ROADS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S COUNTY ATTORNEY CORRESPONDENCE OFFICE,X501 OWASA ROSOLUTION RESOLUTION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of adopting a resolution re Carolina Board of Transportation abandon at North ndclosehea portion of State Roads 1100 and 1116. BACKGROUND: On July 24, 1987 the Board of Directors of OWASA adopted resolution petitioning that the Board of Commissioners to adopt a resolution requesting NCDOT abandonment of S.R. 1100 and 1600. Portions of both roads (as described in the attached resolution) will be flooded after the e impoundment of lake waters for the Cane Creek Reservoir. OWASA has compensated owners of nearby lands for factors relating to any inconvenience caused by closing the roads. RECOMMENDATION(S) : Adopt resolution requesting NCDOT abandon and close portions of S.R. 1100 and 1600. COLE�3 BE 13NHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW y 1987 110 CHURTON STREET 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 August 5, 1987 ALONZO B.COLEMAN,JR. STEVEN A.BERNHOLZ DONALD R.DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J SNIDER,JR. Mr. Albert Kittrell K OJ SHANGRnw AREN Interim County Manager Of Counsel Orange County BONNER D.SAWYER 106 East Margaret garet Lane Hillsborough, North Carolina 27278 Re: Road Closings - Cane Creek Reservoir. Dear Al: Enclosed is a resolution for board consideration which will initiate a process by which the North Carolina Department of Transportation closes roads under its jurisdiction. I have also enclosed a small map of the roads affected and which contains an overlay of the reservoir as it will look when the permanent dam is complete and the water impounded upstream from the dam. Finally, enclosed is a copy the adopted by OWASA requesting this actionby the uBoard of County Commissioners with a copy of the North Carolina General Statute which authorizes this re- quest by the County. All of this seems in order to me for Board of Commissioner action. As a practical matter, the flooding of the reservoir will "close" the roads in question. The action by the board should, therefore, initiate a ministerial action by N.C. D.O.T. I am advised that Mr. Billingsly will formerly transmit the OWASA resolution with a letter request- ing board action. Very t ly yours, t7-.f eY edhill GEG/lsg Enclosures xc: Bob Epting - Shirl Marshall r , I i 1�6 5R1 S APPROXIMATE LOCATION ORANGE GROVE R 1177 OF STATE ROAD CLOSINGS . 100 FOR CANE CREEK � RESERVOIR SR APPLE POND co 0 Qo IV 0 J N 0 MiTCHELL MTN. G ° f ° CRAWFORD MTN. i co SR 1 101 f 0 ORANGE WATER AND SEWER AUTHORITY v4 Q,,4 SCALE : 2000' REVISIONS BY GATE .•V DATE 7124/84 4u, OA'H. Cr{D. Ue An'vo. TITLE ND. en CANE CREEK RESERVOIR LOCATION MAP ca, RESOLUTION PETITIONING THE ORANGE COUNTY BOARD OF COMMISSIONERS TO REQUEST THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CLOSE S.B. 1100 AND O A O S.R. 1116 AS NECESSARY TO SERVE THE BEST INTERESTS OF THE PEOPLE OF ORANGE 4 COUNTY TO PERMIT CONSTRUCTION, OPERATION, AND PROTECTION OF THE CANE CREEK RESERVOIR WHEREAS, in order to serve the best interests of the people of Orange County, and particularly in order to provide for and to assure a safe and adequate public water supply for present and future Orange County residents who are served by the public water system operated by the Orange Water and Sewer Authority, the Authority has acquired approximately 695 acres of the total of approximately 758 acres necessary for construction of the permanent Cane Creek Reservoir in Bingham Township, Orange County, North Carolina, and expects to acquire the remaining approximately 63 acres within the near future; and WHEREAS, the Authority has constructed a temporary impoundment on a part of the lands it has acquired on Cane Creek and is presently using the temporary impoundment as an essential source to supply the existing demand for water in its service area in Orange County; and WHEREAS, the Authority has commenced construction activities at the permanent dam site on lands it has acquired for the Cane Creek Reservoir, and plans to commence in the near future certain other activities on lands it has acquired for construction and operation of the permanent Cane Creek Reservoir; and WHEREAS, the permanent Cane Creek Reservoir will result in the impoundment of lake waters over and across a portion of S.R. 1100 and over and across a portion of S.R. 1116; and WHEREAS, it is essential that those portions of the above roads be abandoned and closed between the boundaries of the property acquisition lines of the Authority in order to construct, operate, and protect the Cane Creek Reservoir and thus to serve the best interests of the citizens of Orange County, North Carolina, by augmentation and protection of the public water supply available to the citizens of Orange County. NOW, THEREFORE, BE IT RESOLVED: 1. That to permit construction, operation, and protection of the Cane Creek Reservoir, the Board of Directors of Orange Water and Sewer Authority hereby petitions that the members of the Orange County Board of Commissioners request, pursuant to the North Carolina General Statutes 136-63, that the North Carolina Board of Transportation abandon and close that portion of S.R. 1100 beginning at its intersection with Cane Creek and running northwest a distance of approximately 1600 feet, and beginning at its intersection with Cane Creek and running south a distance of approximately 875 feet, and abandon and close that portion of S.R. 1116 beginning at its intersection with Cane Creek and running north a distance of approximately 260 feet, and beginning at its intersection with Cane Creek and running south a distance of approximately 330 feet, with limits of final abandonment and closing of both S.R. 1100 and S.R. 1116 to be all portions of each road within and to the boundaries of the properties owned by Orange Water and Sewer Authority. Orange Water and sewer Authority 041 July 24, 1986 Page 2 2. That the Executive Director of Orange Water and Sever Authority is authorized and directed to deliver this Request and Petition, and any other information or materials necessary for the Board of Commissioners' consideration hereof, to the Orange County Board of Commissioners for action pursuant to General Statutes 136-63. Adopted this 24th day of July, 1986. Eduard N. Mann, Jr. , Cha an ATTEST: /4), W. L. Aderholt, Jr. Secretary-Treasurer is Y .. .. _ .. .....- - .,, I ° p. W • ;h • a , O 4 § 136-60 CH. 136. ROADS AND HIGHWAYS § 136-63 1.4 Sensible Hwys. & protected Env'ts, Inc. Cited in); C v. North Carolina Dept of Tramp., 46 Works Comm'na209 N.C. 648, 184 pub• e� ry N.C. App. 350, 265 S.E.2d 890 (1980). 513 (1936). S'E' M ;d U r' • 13s so 13 - , 136-61: Repealed by Session Laws 1973, c. 507, s. r - 23. ' i ' - § 136-62. Right of petition. The citizens of the State shall have the right to present petitions rte to the board of county commissioners, and through the board to the Department of Transportation, concerning additions to the system and improvement of roads.The board of county commissioners shall receive such petitions, forwarding them on to the Board of Trans- portation with their recommendations. Petitions on time of the periodic preparation of the secondary road plan shall be-. 11 considered by the representatives of the Department of Transporta- tion in preparation of that plan, with report on action taken by these representatives on such petitions to the board of commis- sioners at the time of consultation. The citizens of the State shall at all times have opportunities to discuss any aspect of secondar roa additions, maintenance, and construction with y e of the Department of Transportation in charge of the of preparation of the secondary road plan, and if not then satisfied opportunity to discuss - any such aspect with the division engineer, the Secretary of Trans- . portation, and the Board of Transportation in turn. (1931, c. 145, s. 14; 1933, c. 172, s. 17; 1957, c. 65, s. 7; 1965, c. 55, s. 12; 1973, c. 507, s. 5; 1977, c. 464, as. 7.1, 24, 24.1.) CASE NOTES Quoted in Orange County e Carolina Dept of Transp.,46 p4 Hwys. &Protected Env'te,Inc.veNorth 350, 265 S.Er2d 890 (1980). N.C.App. v/Qa di § 136-63. Change or abandonment of roads. aThe board of county commissioners of any county may,on its own motion or on petition of a group of citizens, request the Board of Transportation to change or abandon any road in the secondary system when the best interest of the people of the county will b served thereby. The Board of Transportation shall thereupon make inquiry into the proposed change or abandonment, and if in its opinion the public interest demands it, shall make such change or abandonment. If the change or abandonment shall affect a road connecting with any street of a city or town,the change or abandon- ment shall not be made until the street-governing body of the city or town shall have been duly notified and given opportunity to be heard on the question. Any request by a board of county commis- p"" sioners or street-governing body of a city refused by the Board r of 12 ,� Transportation may be presented again upon the d of months. (1931,c. 145,s. 15; 1957,c. 65,s. 8; 1965, c 55,rs.t13; 1973, V c. 507, s. 22'12; 1975, e. 19, a. 45; 1977, c. 464, a. 25.) 86 al 043 NORTH CAROLINA RESOLUTION PETITIONING BOARD OF TRANSPORTATION TO CLOSE PORTIONS OF S.R. 1100 and S.R. 1116 TO PERMIT COMPLETION OF CONSTRUC- TION AND OPERATION OF CANE ORANGE COUNTY CREEK RESERVOIR WHEREAS, Orange County has been informed by the Orange Water and Sewer Authority (hereafter the Authority) that in order to serve the best interests of the people of Orange County, and particularly in order to provide for and assure a safe and adequate public water supply for present and future Orange County residents who are and will be served by the public water supply system operated by the Authority, the Authority has acquired approximately 745 acres of the total of 758 acres (98%) necessary for the construction of the permanent Cane Creek Reservoir in Bingham Township, Orange County, North Carolina, and expects to acquire the remaining 13 .3 acres within the near future; and WHEREAS, Orange County has been informed by the Authority that the Authority has constructed and is using a temporary impoundment on a part of the lands acquired for the Cane Creek Reservoir Project, which temporary impoundment is presently an integral part of the Authority' s present water storage and supply system which supplies the existing demand within its service area in Orange County; and WHEREAS , Orange County has been informed by the Authority that the Authority has commenced clearing and construction activities and has made substantial progress 1 044 toward completion of the permanent Cane Creek Reservoir on the lands it has acquired for this purpose; and WHEREAS , Orange County has been informed by the Authority that the permanent Cane Creek Reservoir will impound lake waters over and across a portion of S.R. 1100 and over and across a portion of S.R. 1116, and the Authority has acquired those lands adjacent to the said portions of those roadways which will be flooded, and has compensated owners of nearby lands for factors relating to any inconvenience which may be caused by closing of the said portions of the roadways which will be flooded, and those owners have agreed, therefore, that they will not oppose the closing of those roads as herein requested; and WHEREAS, Orange County has been informed by the Authority that in order to permit the completion of construction and operation of the Cane Creek Reservoir Project, and to assure the protection of the quality of the waters of the Cane Creek Reservoir, and thus to serve the best interests of the citizens of Orange County by augmentation and protection of the public water supply available to serve its citizens, it is essential that those portions of S.R. 1100 and S.R. 1116, which will be flooded by the impoundment of the permanent Cane Creek Reservoir, be abandoned and closed between the boundaries of the property acquisition lines of the Authority's lands; and 2 045 WHEREAS, the Board of Directors of the Authority has requested that the Orange County Board of Commissioners petition the North Carolina Board of Transportation, pursuant to G.S. 136-63, that those portions of S.R. 1100 and S.R. 1116 which will be flooded by the permanent impoundment of the Cane Creek Reservoir be abandoned and closed. NOW, THEREFORE, BE IT RESOLVED: 1. That in order to permit the completion of the construction and operation of the permanent Cane Creek Reservoir, and to assure and protect the water quality of the Reservoir, the Orange County Board of Commissioners, pursuant to G.S. 136-63, hereby requests that the North Carolina Board of Transportation abandon and close that portion of S.R. 1100, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northwesterly direction a distance of approximately 1600 feet, and which runs therefrom in a southerly direction a distance of approximately 875 feet , and , that the North Carolina Board of Transportation abandon and close that portion of S.R. 1116, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northerly direction a distance of approximately 260 feet, and which runs therefrom in a southerly direction a distance of approximately 330 feet, with the limits of the final abandonment and closing of both roads being all portions of each road within and to the 3 Dos boundaries of the lands owned by the Orange Water and Sewer Authority as the same intersect with the said roads, as the same are shown on the plat attached hereto. Adopted this the day of , 1987. This resolution is effective upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: ****, ******************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the. foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the day of , 1987, so far as the same relate to the Resolution Petitioning Board of Transportation to Close Portions Of S.R. 1100 And S.R. 1116 To Permit Completion Of Construction and Operation of Cane Creek Reservoir, as such proceedings are recorded in Minute Book 4 l ` A 047 WITNESS my hand and the official seal of said Board, this the day of , 1987_ BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 5 ORANGE COUNTY 048 BOARD OF COMMISSIONERS Action Ag ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: SEPTEMBER 8, 1987 SUBJECT: STATE OF NORTH CAROLINA, HUMAN RESOURCES DEPARTMENT DIVISION OF HEALTH SERVICES CONTRACT DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: CONTRACT WITH THE STATE CHARLES HARPER, X310 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The attached contract stipulates the State grant support for the following programs for FY 87-88. The local money shown is for continuation funding. General Administration Family Planning Tuberculosis Crippled Children/Orthopedic Adult Health Child Health Maternal Health BACKGROUND: Each year the County (Health Department) contracts with the State of North Carolina to receive grant su p health department programs. Once the contractistappr various will amend the State budgets to reflect the actual local appropriation per program area. RECOMMENDATION(S) : Approve effective July 1, 1987 to June 30, 1988 and authorize Chair to sign. Page 1 of 12 049 - RECEIVED 1987 - 1988 HEALTH COUNTY DEPARTMENT CONSOLIDATED CONTRACT . JUN 1 i 1987 BE wrE THE STATE OF NORTH CAROLINA AS REPRESENTED BY THE DEPARTMENT OF HUMAN RESOURCES, DIVISION OF HEALTH SERVICES (Hereinafter called the "State") AND Orange County Health Department (Nacre of Local Health Department) - (Hereinafter called the "Department") FOR THE PURPOSE OF MAINTAINING AND STIMULATING THE .ADVANCEMENT OF HEALTH IN NORTH CAROLINA This Contract Shall Cover a Period From July 01, 1987 to June 30, 1988 NOW, THEREFORE, the State and the Department agree that the provisions and clauses herein set forth shall be incorporated in and constitute the terms and conditions applicable for the following activities involving State funding. (State funding or funds means state, federal, and/or special funding or funds .throughout this contract.) ACTIVITY ACTIVITY General Child health Tuberculosis Adult Health Maternal Health Family Planning • Crippled Children/Orthopedic DHS 2946 (Revised 05/87) Administrative Procedures (Review 05/88) ' Page 2 of 12 . A. WORK TO BE PERFORMED 050 1. The Department shall perform activities in compliance with applicable program rules contained in the North Carolina Administrative Code as well as all applicable Federal and State laws and regulations. 2. The Department shall sU mit for approval the required Program Contract Addenda for State funded budgets. 3. The Department shall submit completed reports as required by budgeted funding criteria and as specified in Listing of Required Fiscal and Statistical Reports (Addenda 1) . 4. The Department shall administer and enforce all rules which have been approved by the State and adopted by the Local Board of Health. B. FUNDING STIPULATIONS 1. Funding for this contract is subject to the availability of State, Federal, and special funds for the purpose set forth in this Contract. 2. During the period of this Contract, the Department shall not use State funds received under this Contract to reduce locally appropriated funds as reflected in the Local Health Department Budgets. .3. The Department shall not use Personal Health Program funds to support environmental health personnel. 4. The Department shall comply with Department of Human Resources Minimum Administrative Standards for Local Human Service Agencies, 10 NCAC 1K, Sections .0100 - .0900; Standards for Mandated Public Health Services, 10 NCAC 12, Section .0200; and Administrative Procedures Manual for Federal Block Grant Funds, 1 NCAC 33, Sections .0100 - .1502. 5. The Department shall maintain employee time records for the contract period documenting the portion of time that each employee attributes to . each activity when State funds are budgeted for the support of employee salaries and fringe benefits. The percentage of time each employee spends in each activity shall be converted to dollars based upon the employees' salary and benefits. These records will serve to document salary and benefit expenditures reported on DHS 2949, DHS 2950, and compliance with Chapter 479, Section 99 of the 1985 Session Laws. 6. The Department shall be responsible for determination of eligibility as delegated by the Secretary, Department of Human Resources, when providing Social Services Block Grant funded services. 7. The Department participating in Medicaid Reimbursement shall: a. Comply with the terms of the Memorandum of Understanding between the Division of Medical Assistance and the Division of Health Services and the Local Participation Agreement dated July 1, 1984. Page 3 of 12 ' 051 b. Make every reasonable effort to collect its cost in providing services, for which Medicaid reimbursement is sought, through public or private third party payors except where prohibited by Federal regulations or State law. No one shall be refused services solely because of an inability to pay. All payments from persons, public cr private third party payors, shall be utilized for the activity that earned it and shall not reduce or replace locally appropriated funds during the period of this Contract. Use of program inane generated by the expenditure of Federal categorical funds will be governed by applicable Federal regulations, including but not limited to, 45 CFR 74. 8. Funds budgeted for Adolescent Health Activities shall not be expended for dues or out-of-state travel. 9. The Department shall have an annual audit performed in accordance with The Single Audit Act of 1984 as implemented by CMB Circular 128. A copy of the audit report shall be forwarded to the Division for review. 10. Equipment is a type of fixed asset consisting of specific items of property that: (1) are tangible in nature; (2) have a life longer than one year; and (3) have a significant value. a. For Budgeting and Reporting Purposes (1) Equipment purchases meeting the above definition and having a dollar value of $200 or more must be budgeted and reported in Line Item 5000. (2) Women, Infants and Children Program All medical equipment regardless of cost and all other equipment with an aquisition cost of $500.00 or more must be budgeted and reported in Line Item 5000. b. For Inventory Purposes (1) Equipment must be accounted for in accordance with Local Government Accounting System Procedure No. 15 or Federal regulations (CFR 45, Part 74.140) , whichever has the lower threshold and/or more detailed information requirement. (2) Women, Infants and Children Program All medical equipment regardless of cost and all other equipment with an aquisition cost of $500.00 or more must be inventoried • with the Division of Health Services. Cameras and accessories, calculators, projectors, tape recorders, dictating equipment, video equipment and accessories, computers and accessories and computer software with a cost of $100.00 or more, and all books and films regardless of cost must be recorded on the Fixed Asset System. Page 4 of 12 c. For Prior Approval Purposes 052 (1) equipment purchased with State/Federal funds must receive prior written approval from the appropriate Office, Section, or Branch when the acquisition cost exceeds $200.00. (2) Warren, Infants and Children Program All medical equipment regardless of cost and all other equipment with an acquisition cost of $500.00 or more must receive prior approval from the program office. (3) Equipment purchased with program income generated by the expenditure of Title X Family Planning Funds with an acquisition cost of $500.00 or more must receive prior written approval from the program. C. FISCAL CONTROL 1. The Department shall comply with the Local Government Budget and Fiscal Control Act, North Carolina General Statute Chapter 159, Article 3. a. The Department shall maintain a purchasing and procurement system in accordance with generally accepted accounting practices and procedures set forth by the Local Government Commission. b. The Department shall execute written agreements with all parties who invoice the Department for payment for the provision of services to patients. c. The Department shall receive prior approval from the State when subcontracting for services in the Warren, Infants and Children Program. d. When subcontracting, the following conditions must be met: (1) The Department is not relieved of any of the duties and responsibilities provided in this contract, and (2) The subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Department to comply with these standards. e. The Department shall retain all budgets, budget revisions, contracts, contract addenda, and financial records in accordance with the current Records Disposition Schedule issued by the Division of Archives and History, Department of Cultural Resources. 2. The Department shall prepare and maintain a budget for each activity covered by this contract in a manner consistent with instructions provided with DHS 2947 (Rev. 03/86) and DHS 2948 (Rev. 03/86) . a. The Department shall prepare budget revisions for prior approval of the State when those revisions are in the School Health Program (Line Item 6200) or Delivery Services Program (Line Item 6869) . 053 Page 5 of 12 b. The Department shall prepare budget revisions for prior approval of the State when State funds will be increased or decreased. c. The Department shall prepare an informational copy for the State of all other budget revisions when proposed expenditures exceed the line amount budgeted. d. The Department shall submit all revisions prior to the end of the term specified in this Contract. Budget revisions received by the State after the end of the contract period will be returned without action. 3. The Department shall observe the following conditions when budgeting and reporting earned income revenues: a. All earned income must be budgeted in the program where earned, except that income earned by a program which has no activity budget can be budgeted in a program approved by the Division. b. Line Item 6864 shall be used to budget anticipated TXIX/SSBG earnings. c. Line Item 9000 shall be used to budget TXIX/SSBG fees. d. Line Item 102 shall be used to report TXIX/SSBG fees received and which are used to support TXIX/SSBG expenditures shown in Line Item 9000. e. A local account shall be maintained for unbudgeted/unreported TXIX/ SSBG fees transferred to the Department. Accounts shall be maintained in sufficient detail to identify the program source generating the fees. f. No more than one year's earnings (or $5,000.00 whichever is greater) for any activity can be carried forward from one year to the following year. 4. The Department shall submit a quarterly report of actual receipts and expenditures of the Department according to instructions provided with Expenditure Reports, DHS 2949 (Rev. 03/84) and DHS 2950 (Rev. 03/82) . a. The Department shall submit to the State the final Expenditure Report within 45 days after the end of the contract period. b. The Department - shall refund to the State all State funds not supported by expenditures within 10 days after notification of overpayment. c. The Department shall follow Women, Infants and Children Program and other Federal program reporting requirements when they differ from those stated above. d. The Department shall submit to the State WIC expenditure reports no later than the 8th of the month. Page 6 of 12 054 e. Reimbursement of WIC approved expenditures for July, August, and September cannot exceed one-fourth of the total budget for the contract period. 5. The Department shall submit on an annual basis Staff Time Activity Report, DHS 3389. The report shall accompany the final expenditure report and must be received by the State within 45 days after the end of the contract period. 6. For Adolescent Health Activity, the Department agrees to (1) have responsibility for the immediate direction and supervision of the activities supported through the contract, which will be conducted in accordance with the amended plan/update submitted by the Department; (2)submit any media material in writing to the Maternal and Child Health Branch prior to release to the public for approval from the Maternal and Child Health Branch prior to release to the public; (3) submit progress reports in meeting project objectives within 30 days of each payment period; (4) submit an evaluation report demonstrating achievement of stated goals no later than August 15, 1988. D. PERSONNEL POLICIES The Department shall adhere to and fully comply with State personnel policies as found in North Carolina General Statute, Chapter 126, and 1 NCAC 8. Such policies include, but are not limited to, the following: 1. Equal employment opportunity; 2. Affirmative action; 3. Policies for local government employment subject to the State Personnel Act; 4. "Local Classification and Salary Range"; 5. "Catpensation Policy for Local Competitive Services Employees"; and 6. "Recruitment and Selection Policy and Procedures" 7. Sanitarians employed by the Department shall be delegated authority by the State to administer and enforce State sanitation rules and laws as directed by the State pursuant to G.S. 130A-4(b) . This delegation shall be done according to 10 NCAC 10A .2300. a. Local health departments are responsible for sending their newly-employed public health sanitarians (interns) to 20 days of initial field training/orientation at one of the designated training centers within 90 days from date of employment. b. The en ploying health department shall reimburse the training center(s) $25 per day for providing initial field training/orientation for the newly-employed public health sanitarian. Page / of 1L 055 c. Initial field training/orientation centers shall be paid within 90 days by the employing health department for services rendered. d. Arrangements for initial field training/orientation including designation of the training center for newly-employed public health sanitarians will be handled by the Sanitation Branch, Environmental Health Section. E. CONFIDENTIALITY All information as to personal facts and circumstances obtained by. Department personnel in connection with the provision of services or other activity under this Contract shall be privileged communication, shall be held confidential, and shall not be divulged without the responsible person's written consent except as may be otherwise required by applicable law or regulation. Such information may be disclosed in summary, statistical, or other form which does not directly or indirectly identify particular individuals. F. CIVIL RIGHTS The Department shall assure that no person, on the grounds of race, color, age, religion, sex, marital status, or national origin (unless otherwise medically indicated) or otherwise qualified handicapped individual solely by reason of his/her handicap be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this Contract. The Department shall complete HEW Form 441, Assurance of Compliance with the Department of Health and Welfare regulations, under Title VI of the Civil Rights Act of 1964; for the Womens, Infants and Children Program, FNS-64, Assurance of Compliance with the Department of Agriculture Food and Nutrition Service, under Title VI of the Civil Rights Act of 1964; and HEW Form 641, Assurance of Compliance with Section 504 of the Rehabilitation Act of 1973. G. RESPONSIBILITIES OF THE STATE 1. The State shall provide to the Department upon request technical assistance in the preparation of the Consolidated Contract/Activity Budgets and Contract Addenda. 2. The State shall specify those administrative forms/reports and their respective revision dates that are required by particular activities pertaining to the Department's budget with the State in Listing of Required Fiscal and Statistical Reports (Addendum 1) for the contract period. New forms/reports not listed in Required Fiscal and Statistical Reports shall be implemented during a contract period only with the approval of the State Health Director. 3. The State shall provide to the Department within thirty (30) days after receiving an activity budget from the Department an approved signed copy of the budget. Page 8 of 1o2c8 4. The State shall provide funds to the Department upon approval of the Contract Addenda, activity budgets, and signing of this Contract. 5. The State shall assist the Department to comply with all applicable laws, regulations, and standards relating to the activities covered in this Contract. 6. The State reserves the right to conduct reviews to determine compliance with the terms of this Contract. 7. The State shall be assured that the Department maintains expenditure of locally appropriated funds for maternal health, child health, and family planning activities equal to or.greater than that reported on the Staff Time Activity Report for the period beginning July 1, 1984, and ending June 30, 1985. This maintenance of effort shall be measured by salary equivalencies which are to be maintained in accordance with Section B. 5. of this contract. H. DISBURSEMENT OF FUNDS The State shall disburse funds to the Department as follows: 1. For departments receiving disbursements through the Governmental Monetary Transfer System (GMTS) a. For the first quarter. Provided that the Consolidated Contract is properly executed, payment equal to one-twelfth (1/12) of the total program grant funds for each approved budget shall be made on the fifteenth (15th) of July, August, and September. b. For the second quarter. Payment equal to 1/12 of the total program grant funs shall be made on October 15th and November 15th. Provided that the first quarter expenditure report is received by November 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the first quarter shall be made on December 15th. c. For the third quarter. Provided that the first quarter expenditure report has been received, payment equal to 1/12 of the total program grant funds shall be made on January 15th and February 15th. Provided that the second quarter expenditure report is received by February 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the second quarter shall be made on March 15th. d. Fbr the fourth quarter. Provided that the first and second quarter expenditure reports have been received, payment equal to 1/12 of the total program grant funds shall be made on April 15th and May 15th. Provided that the third quarter expenditure report is received by May 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the third quarter shall be made on June 15th. Page 9 of 12 057 e. Final payment. Provided that the fourth quarter expenditure report is received by August 15, 1988, payment equal to the difference between approved reported expenditures and the sum of previous payments shall be made car► September 15. f. Quarterly payment for reported expenditures in Line Item 1000 shall be limited to one-fourth of the budgeted amount in that line item. g. Increased or decreased payments necessitated by changes in the total budgeted amount will be reflected in the monthly payments subsequent to approval of the budget revision. h. Payments shall be suspended when expenditure reports are not received by the dates specified. Payments will resume on the specified dates in the months subsequent to receipt of the expenditure reports. 2. For departments not participating in the Governmental Monetary Transfer System (GMTS) and selecting monthly payment by check option a. For the first quarter. Provided that the Consolidated Contract is properly executed, payment equal to one-twelfth(1/12) of the total program grant funds for each approved budget shall be made on the twenty-fifth (25th) of July, August, and September. b. For the second quarter. Payment equal to 1/12 of the total program grant funds shall be made on October 25th. Provided that the first quarter expenditure report is received by November 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the first quarter shall be made on November 25th and December 25th. c. For the third quarter. Provided that the first quarter expenditure report has been received, payment equal to 1/12 of the total program grant funds shall be made on January 25th. Provided that the second quarter expenditure report is received by February 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the second quarter shall be made on February 25th and March 25th. d. For the fourth quarter. Provided that the first and second quarter expenditure reports have been received, payment equal to 1/12 of the total program grant funds shall be made on April 25th. Provided that the third quarter expenditure report is received by May 1, payment equal to 1/12 of the total program grant funds adjusted by over (under) expenditures reported for the third quarter shall be made on May 25th and June 25th. e. Final payment. Provided that the fourth quarter expenditure report is received by August 15, 1988, payment equal to the difference between approved reported expenditures and the sum of previous payments shall be made on September 25. f. Quarterly payment for reported expenditures in Line Item 1000 shall be limited to one-fourth of the budgeted amount in that line item. Page 10 of 12 g. Increased or decreased payments necessitated by changes in the 058 to5taal budgeted amount will be reflected in the monthly payments subsequent to approval of the budget revision. h. Payments shall be suspended when expenditure reports are not received by the dates specified. Payments will resume on the specified dates in the months subsequent to receipt of the expenditure reports. 3. For departments not .participating in CATS and selecting quarterly reimbursement option a. For the first quarter. Provided that the first quarter expenditure report is received by November 1, payment equal to approved reported expenditures shall be made on the 25th of November. b. For the second quarter. Provided that the second quarter expenditure report is received by February 1, payment equal to approved expenditures shall be made on the 25th of February. c. For the third quarter. Provided that the third quarter expenditure report is received by May 1, payment equal to approved reported expenditures shall be made on the 25th of May. d. For the fourth quarter. Provided that the fourth quarter expenditure report is received by August 15, 1988, payment equal to approved reported expenditures shall be made on the 25th of September. e. Quarterly payment for reported expenditures in Line Item 1000 shall be limited to one-fourth of the budgeted amount in that line item. f. Quarterly payment for approved reported expenditures not received by the specified dates shall be made in the month subsequent to receipt of the reports. 4. Transfer of TXIX/SSBG Fees a. Upon receipt of Title XIX/SSBG fees, transfer of such funds will be made to departments participating in Q'TTS on the 15th of the month and to departments not participating in GMTS on the 25th of the month. b. When fees received exceed the amount shown in line item 6864 an internal adjustment will be made to increase the amount shown. I. AMENDMENT OF CONTRACT TRACT Amendments, modifications, or waivers of this contract may be made at any time by mutual agreement of all parties. Amendments shall be in writing and signed by appropriate authorities. • 059 Page 11 of 12 J. PROVISION OF TERMINATION This contract may be terminated for reasons other than non-compliance upon sixty (60) days written notice by either party. If termination should occur, the Department shall receive payment only for allowable expenditures. The State may withhold payment to the Department until the State can determine whether the Department is entitled to further payment or whether the State is entitled to a refund. K. COMPLIANCE 1. The State shall assure compliance with all terms of this Contract. a. Upon determination of non-compliance, the State shall give the Department sixty (60) days written notice to cane into compliance. If the deficiencey is corrected, the Department shall submit a written report to the State which sets forth the corrective action taken. b. If the above deficiencies should not be corrected to the satisfaction of the State after the sixty (60) day period, disbursement of funds for the particular activity may be temporarily suspended pending negotiation of a plan of corrective action. c. If the deficiency is still not corrected within the next thirty (30) days following temporary suspension of funding, program funds may be permanently suspended until the Department can provide evidence that the deficiencies have been corrected. d. In the event of the Department's non-compliance with clauses of this Contract, the State may cancel, terminate, or suspend this Contract in whole or in part and the Department may be declared ineligible for further State contracts or agreements. Such terminations for non-compliance shall not occur until: (1) the provisions of Section K-1 (a-c) have been followed, documented, and have failed to provide a resolution, (2) all other reasonable administrative remedies have been exhausted. 2. If the Department or the State should be determined out of compliance with the provisions of this Contract, either party may file a formal appeal with the Department of Hunan Resources. The appeal shall be heard by the Department of Human Resources within twenty (20) days of the written request. After hearing all the facts relative to the appeal, the Department of Human Resources shall decide within ten (10) days of the date of the hearing what sanctions, if any, shall be imposed on the party found .out of compliance. Page 12 of 060 • e - 060 LOCAL SIGNATURES DIVISION OF HEALTH SERVICES SIGNATURES • A le / _I C Hea ,A D•a= or (Date) Administrative Procedures Chief (Date) Finance Officer te) State Health Director (Date) ' Division of Health Services Chairman of County Commissioners (Date) ' 061 ATTACHMENT C DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE ASSURANCE OF COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973.AS AMENDED The undersigned (hereinafter called the "recipient") HEREBY AGREES THAT it will comply with section 504 of the Rehabilitation A43 of 1973, as amended (29 US.C. 794), all requirements imposed by the applicable HEW regulation (45 C.F.R. Part 84), and all guidelines and interpretations issued pursuant thereto. Pursuant to § 84.5(a) of the regulation 145 C.F.R. 84.5(a)), the recipient gives this Assurance in consideration of and.for the purpose of obtaining any and all federal grants,.loans, contracts(except procurement contracts and contracts of insurance or guaranty), property, discounts, or other federal financial assistance extended by the Department of Health. Education, and Welfare after the date of this Assurance, including payments or other assistance made after such date on applications for federal financial assistance that were approved before such date. The recipient recognizes and agrees that such federal financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that the United States will have the right to enforce this Assurance through lawful means. This Assurance is binding on the recipient, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the recipient. This Assurance obligates the recipient for the period during which federal financial assistance is extended to it.by the Department of Health, Education, and Welfare or,where the assistance is in the form of real or personal property, for the period provided for in § 84.5(b) of the regulation [45 C.F.R. 84.5(b)), The recipient: [Check (a) or (b)] • a. ( 1 employs fewer than fifteen persons; A73 b. ( ) employs fifteen or more persons and, pursuant to § 84.7(a) of the regulation 145 C.F.R. 84.7(a)], has A74 designated the following person(s) to coordinate its efforts to comply with the HEW regulation: m T. Laws Assistant Cou Ma nt na er Name of Designee(s) — Type or Print C12 C42 Orange County Health Department 300 W. Tryon Street Name of Recipient — Type or Print Street Address or P. O. Box Alt A41 A42 A71 56-6000327 Hillsborough (IRS) Employer Identification Number City Al A11 B12 B1 $1 841 1 North Carolina 27278 Cl 919/732-8181 CI State Zip Area Code —Telephone Number B42 87 871 I certify that the above information is.complete and correct to the best of my knowledge. - Date Signature and Title of Authorized Official B72 B77 B78 Assistant County Manager If there has been a change in name or ownership within the last year, please PRINT the former name below: • NOTE: The 'A', 'B'. and 'C' followed by numbers are for computer use. Please disregard. HEW-441 (5/77) 062 ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF. 1964 Orange County Health Department (hereinafter called the "Applicant") Name of Applicant(type or print) HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964(P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race,color, or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Depart- ment; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department,this Assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided,this Assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this Assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,contracts, property,discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.The Applicant recognizes and agrees that such Federal finan- cial assistance will be extended in reliance on the representations and agreements made in this Assurance, and that the United States shall have the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Applicant. Date Orange County Health Department Applicant(type or print) By Signature and Title of Authorized Official Chair, Orange County Commissioners 300 W. Tryon Street Hillsboroush, NC 27278 Applicant's mailing address • HHS-441 (Rev. 12162) • . yeas 000.1 1 U.S. DEPARTMENT OF AGA/CULTURE ►eo..awreo,to erw.0 01 sewn► 1M1ei Food and Nutrition Service 063 ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF AGRICULTURE. FOOD AND NUTRITION SERVICE. UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Orange County Health Department %Naee of Applicant) (Hereinafter called the "Applicant.") HREAY AGREES THAT it will comply with Title VI any improvements made with Federal financial of the Civil Rights Act of 1964 (F.L. 68-352) assistance extended to the Applicant by the and all requirements imposed by the Regulations Department. This includes any Federal agreement. of the Department of Agriculture (7 CPR Part 15), arrangement, or other contract which has as one Department of Justice (28 CFR Parts 42 6 50), of its purposes the provision of assistance such and FlU directives or regulations issued as food, food stamps, cash assistance for the pursuant to that Act and the Regulations, to the purchase of food, and cash assistance for purchase effect that, no person in the United States shall, or rental of food service equipment or any other on the ground of race, color, or national origin, financial assistance extended in reliance on the be excluded from participation in, be denied the representations and agreements made in this benefits of, or be otherwise subject to discrimi- assurance. nation under any program or activity for which the Applicant received Federal financial assistance BY ACCEPTING THIS ASSURANCE, the applicant agrees from the Department; and HERESY LIVES ASSURANCE to compile data, maintain records and submit THAT it will immediately take any measures reports as required, to permit effective enforce- necessary to effectuate this agreement. . went of Title VI and permit authorised USDA personnel during normal working hours to review THIS ASSURANCE is given in consideration of and such records, books and accounts as needed to for the purpose of obtaining any and all Federal ascertain compliance with Title VI. If there are financial assistance, grants and loans of Federal any violations of this assurance, the Department fund.. reimbursable expenditures, grant or of Agriculture. Food and Nutrition Service, shall donation of Federal property and interest in have the right to seek judicial enforcement of property, the detail of Federal personnel, the this assurance. sale and lease of, and the permission to use, Federal property or interest in such property or This assurance is binding on the applicant, its the furnishing of services without consideration successors, transferees, and assignees as long as or at a nosinal consideration, or at a consider- it receives assistance or retains possession of at ion which is reduced for the purpose of assist- any assistance from the Department. The person tng the recipient, or in recognition of the or persons whose signatures appear below are public interest to be served by such sale, lease, authorised to sign this assurance on the behalf of or furnishing of services to the recipient, or the applicant. Dated (Applicant) By (Title of authorised official) Chair, Orange County Commissioners 300 W. Tryon Street Hillsborough, NC 27278 (Address of Applicant) No further, monies or other benefits may be paid out under Food and Nutrition Service Federal assistance programs unless this Assurance is completed and filed as required by existing regulations (7 CPR 15). ere•0►N • • LOCAL HEALTH DEPARTMENT BUDGET 064 N.C. Department of Human Resources Revision Number Division of Health Services Management Services SFy Office,Section or Branch P.0. Number 07 / 01 / 87 06 / 30 / 88 1 4 0 Effective Date Termination Date Contract Number (Excludes Animal Control, Contractor: Orange County Health Department Activity: General State Tb Grant) Project Director: Jerry Robinson Total Budget: $ 699,470 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries & Fringe Benefits SA/FR 1000 41 17 Operating Expenses OP EXP 2000 7,000 p Purchase of Equipment EQUIP 5000 E General Contracted or N Purchased Services GENERAL 6100 School Health :.< D Clinician I Delivery Services :` Laboratory - Pharmacy Services ,.x,•,,.;:.:::::.> :Y:: :}Z::::.:.::.:..:•>:;:•;:.;:.::.;:<.;.;=:.;;:;:.:<.: •• • 6864 •- - „ U Transfer TXIX/SSBG >;::..:.....::;•9 000 ,,:;: .;:; R Subtotal State Expend. $ 57,417 E LOCAL EXPENDITURES: LOCAL EXP 9000 642,053 S TOTAL EXPENDITURES--equal to Total Receipts $69470 R LOCAL FUNDS: E Appropriation APPROP 101 460,564 TXIX/SSBG Fees . 102 9,000 C Other Receipts OTHR REC 103 172,489 E Subtotal Local Funds $642,053 I STATE/FEDERAL/SPECIAL FUNDS: p Health Aid-to-Counties 48,417 ,1 Transfer Title XIX/SSBG 9,000 7116 - Title XIX Dental Fees S Subtotal State/Federal/Special $ 57,417 TOTAL RECEIPTS—equal to Total Expenditures $699,470 (*.■14_ (/eta[t iitif ' 6o 2-e1 Local Authorized Official Signature Date Bunch d S Section Chief Signa e Date budo 2:...,. 7 i F7 Finance Officer Signature te ACarnt DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Contracts Administration(Review 2/88) CZ Ai LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Revision Number—— Division of Health Services Epidemiology SF? Office,Section or Branch P. O.Number 07/ 01 / 87 06 / 30 / 88 2 4 0 Effective Date Termination Date Contract Number Contractor: . Orange County Health Department Activity: Tuberculosis Project Director: Jerry Robinson _ Total Budget$ 11,338 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries & Fringe Benefits SA/FR 1000 11,338 Operating Expenses OP EXP 2000 P Purchase of Equipment EQUIP 5000 E General Contracted or N Purchased Services GENERAL 6100 • School Health ::.. D Clinician I Delivery Services Laborato T ry : •, 5:::::o-i::::1::..::. ::.. . :::•: Pharmacy Services ":.. .:;: :..a.'�^ ... .. .. U Transfer TXIX/SSBG 6864 R Subtotal State Expend. $11,338 E LOCAL EXPENDITURES: LOCAL EXP 9000 S TOTAL EXPENDITURES—equal to Total Receipts $111338 R LOCAL FUNDS: Appropriation APPROP 101 E. TXIX/SSBG Fees 102 C Other Receipts OTHR RECD — 103 E Subtotal Local Funds 2�2VZc Ju"j`7 r Y I STATE/FEDERAL/SPECIAL FUNDS: .. - sy- P ,�: X50 �, 0 is T • DHS `� os0" - 11,338 S Pa'cs' L16\.} n' Subtotal State/Federal/Special �`t�. ` �� 9/5L171E $11,338 TOTAL RECEIPTS—equal to Total Expenditures $11,338 I ' 11. ./. I/ _ ' / / / 5/19/ -1 Local Authorized Official Signature Dater ' DHS Section Chief ignature�gnarure /Z Date init.: Z:w 7. ; G/,7/P7 Finance Officer Signature Date M DHS Budget Officer Signature Date hada DHS 2948(Revised 2/87) Contracts Administration(Review 2/88) - 'JUN 0 1 1F7 CA • LOCAL HEALTH DEPARTMENT BUDGET Jury ' 'e7 CA N.C. Department of Human Resources Revis'�v Dumber Division of Health Services Adult Health Services SF? Office, Section or Branch P. O. Number 07 / 01 / 87. 06 / 30 / 88 5 1 0 Effective Date Termination Date Contract Number Contractor: Orange County Health department Activity: Adult Health Project Director: _ Jerry Robinson Total Budget: $ 65,901 • ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries & Fringe Benefits SA/FR 1000 3,017 Operating Expenses OP EXP 2000 p . Purchase of Equipment EQUIP 5000 E General Contracted or N Purchased Services GENERAL 6100 School Health !:> D Clinician CLN ... 6863 • I Delivery Services : ::>:=ss:::::::::< .: M:: :: . ::i0 -; ; ;.>.; : Laboratory LAB 6862 Pharmacy Services RX SERV 6865 U _ Transfer TXIX/SSBG 6864 R _ •Subtotal State Expend. $ 3,017 E LOCAL EXPENDITURES: LOCAL EXP 9000 62,884 S TOTAL EXPENDITURES—equal to Total Receipts $ 65,901 R LOCAL FUNDS: E Appropriation APPROP 101 62,884 TXIX/SSBG Fees 102 C Other Receipts OTHR REC 103 E Subtotal Local Funds $ 62,884 I STATE/FEDERAL/SPECIAL FUNDS: P 3,017 T . S Subtotal State/Federal/Special $ 3,017 TOTAL RECEIPTS—equal to Total Expenditures $ 65,901 ' i ------ � – -- Ii .-�- cA 7 Authorized Official Signature Date a w t'°� Section Chief Signature Date `� VeVri Finance Officer Signature Date nccam DHS Budget Officer Signature Date OHS 2948(Revised 2/87) Contracts Administration(Review 2/88) JUN 01 17 vr. ` ' 067 LOCAL HEALTH DEPARTMENT BUDGET J- C L '8 7 CA N.C. Department of Human Resources Revision Number • Division of Health Services Maternal and Child Care SFY Office,Section or Branch P. O. Number 07 / 01 / 87 06 / 30 / 88 _��2____ Effective Date Termination Date Contract Number Contractor: Orange County Health Department Activity: Maternal Health Project Director: Jerry Robinson Total Budget: $ 207.709 '' ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries & Fringe Benefits _SA/FR 1000 52,119 Operating Expenses OP EXP 2000 16,500 p Purchase of Equipment EQUIP 5000 E General Contracted or N Purchased Services GENERAL 6100 School Health _A. .44,;....:.:;, ; ::•}..:>:::=_ . D Clinician CLN 6863 u...... . ..... :=::w >? :............... I Delivery Services DEL SERV 6869 8 993 , , . Laboratory LAB b862 8,993 • Pharmacy Services RX SERV 6865 •U Transfer TXIX/SSBG 6864 1,500 _ R Subtotal State Expend. $ 84.112 E LOCAL EXPENDITURES: I LOCAL EXP 9000 S 123,597 TOTAL EXPENDITURES—equal to Total Receipts $ 207,709 • R LOCAL FUNDS: E Appropriation APPROP 101 119.997 TXIX/SSBG Fees 102 1,500 C Other Receipts OTHR REC 103 2.100 _ E Subtotal Local Funds $ 123,597 I STATE/FEDERAL/SPECIAL FUNDS: p Teen Pregnancy — 19,991 Delivery — 8,993 T Perinatal — 15 784 General MCH — 23 538 HS Funds 82,612 S Transfer TXIX/SSBG Funds_MI.Virtoilwe,.t • 1,500 Subtotal State/Federal/Special $ 84,112 TOTAL RECEIPTS--equal to Total Expenditures ' $ 207.709 Local Authorized Official Signature J ""4 a 4 �Q 6/7/x7 gnature Date Bnah Hnd DHS Sectioi Chief Signa're Date Finance Officer Signature Datea, ��u„� DHS Budget Officer Signature Dare DHS 2948(Revised 2/87) Contracts Administration(Review 2/88) .. ., . . . JUN 0 1 '13 7 Ct, • j ii,.ja 7 ci,., . . • . . LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources . Revision Number— Division of Health Services Maternal and Child Care SFY Office,Section or Branch P. O. Number 07 / 01/ 87 06 / 30 / 88 ' 6 3 1 Effective Date Termination Date Contract Number Contractor: Orange County Health Department Activity: Child Health Project Director: Jerry Robinson Total Budget:$ 245,538 i ITEM DESCRIPTION CLASSIFICATION ITEM . AMOUNT E STATE EXPENDITURES: Salaries & Fringe Benefits SA/FR 1000 27,020 X Operating Expenses . OP EXP 2000 —14;949.9- Hi 000 opg P Purchase of Equipment EQUIP 5000 E General Contracted or Purchased Services GENERAL 6100 N School Health SCH HLTH 6200 8,489 . D Clinician CLN 6863 5,owl I Delivery Services iMMi, )Alp Laboratory LAB 6862 T - Pharmacy Services RX SERV 6865 U Transfer TXIX/SSBG 6864 .3 000 ',Jets R Subtotal State Expend. $ 54,509 E LOCAL EXPENDITURES: LOCAL EXP 9000 191 ,02.9 S TOTAL EXPENDITURES—equal to Total Receipts $ 245,538 R LOCAL FUNDS: Appropriation APPROP 101 188,029 E - TXIX/SSBG Fees , 102 3,000 C Other Receipts OTHR REC 103 E Subtotal Local Funds $ 191,029 I viANpuyttAL/sw NDS: p scgooi AsaitK •- 8;489 T. DHS Funds . 51,509 General MCH – 23,538 T - Transfer TXIX/SSBG Fees Title XIX – 1,500p S _ RPRDT — 1 ,500 3,000 . Subtotal State/Federal/Special $ 54,509 • - TOTAL RECEIPTS—equal to Total Expenditures $245,538 sy zwe,404 an,,,Date LI r?I 1 0 0 Local Authorized Official Signature te Breath Head DHS Secti dief Sigma-ate Date iiii.i.i Finance ce Officer Signature Date Account" DHS Budget Officer Signature Date Imp,' DHS 2948(Revised 2/87) Contracts Administration(Review 2/88) J: n C[ 87 CA 069 LOCAL HEALTH DEPARTMENT BUDGET N.C.Department of Human Resources Division of Health Services Maternal and Child Care Revision Number SFY Office,Section or Branch 07 / 01/ 87 06 / 30 / 88 P. O. Number Effective Date —�- 3 Termination Date Contract Number • Contractor: Orange County Health Department Activity: r.SHS–nrthopedj Project Director: Jerry Robinson Total Budget: $ 556 ITEM DESCRIPTION CLASSIFICATION ITEM AMOUNT E STATE EXPENDITURES: X Salaries E Fringe Benefits SA/FR 1000 56 Operating Expenses OP EXP 2000 - P Purchase of Equipment EQUIP 5000 E General Contracted or Purchased Services GENERAL 6100 School Health - - 0 Clinician CLN 6863 I Delivery Services :;; 300 Laboratory LAB 6862 ..... T Pharmacy Services RX SERV 6865 U Transfer TXIX/SSBG 6864 R Subtotal State Expend. $556 LOCAL EXPENDITURES: LOCAL EXP 9000 S TOTAL EXPENDITURES —equal to Total Receipts $556 — R LOCAL FUNDS: • Appropriation APPROP 101 TXIX/SSBG Fees ---- C Other Receipts 102 OTHR REC 103 - E Subtotal Local Funds I STATE/FEDERAL/SPECIAL FUNDS: $ _ P DHS T 556 S Subtotal State/Federal/Special $556 TOTAL RECEIPTS—equal to Total Expenditures $556 Local Authorized Official Signature - e) '�cch-- y/ ) _ a(6-7 Hea Date �lmwd DHS Section Chief Signature Date Finance Officer Signature - Date Ac oun n DHS Budget Officer Signature Date DHS 2948(Revised 2/87) Contracts Administration(Review 2/88) (170 ORANGE COUNTY BOARD OF COMMISSIONERS Action Aril Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 8, 1987 SUBJECT: UNC--DEPARTMENT OF OB/GYN OBSTETRICAL AND GYNECOLOGICAL PROFESSIONAL SERVICE CONTRACT DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: CHARLES HARPER, X311 CONTRACT WITH SCHOOL OF MEDICINE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Effective July 1, 1987 the UNC--School of Medicine, Department of Obstetrics and Gynecology has agreed to provide obstetrical and gynecological professional services on a contractural basis for the Health Department. The attached agreement specifes the mutual convenants and conditions and financial obligations for the services provided. BACKGROUND: In an effort to improve obstetrical care, patient understand- ing and satisfaction, and provide a channel of communication for care providers in the Health Department this contract is recommended for renewal. RECOMMENDATION(S) : Approve effective July 1, 1987 to June 30, 1988 and authorize Chair to sign. •i ,.. 071 STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN ORANGE COUNTY HEALTH DEPARTMENT AND THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL For Its Department of Obstetrics and Gynecology in the School of Medicine THIS AGREEMENT, made and entered into this the 1st day of July, 1987, by and between The University of North Carolina at Chapel Hill, hereinafter referred to as "The University," for its Department of Obstetrics and Gynecology in the School of Medicine; and the Orange County Health Department, hereinafter referred to as the "OCHD." W I T N E S S E T H : WHEREAS, OCHD desires to contract with The University for obstetrical and gynecological professional services to improve obstetrical care; patient understanding and satisfaction, and communication between the care providers in the Orange County Health Department and The University's Department of Obstetrics and Gynecclogy; and WHEREAS, The University's Department of Obstetrics and Gynecology desires to provide these services for OCHD; NOW, THEREFORE, in consideration of the premises and of the following mutual promises, covenants, and conditions, OCHD and The University agree as follows: A. A third year resident in Obstetrics and Gynecology will be assigned for a minimum period of ten weeks to the Hillsborough Clinic every Thursday beginning at 1:00 p.m. to 3:30 p.m. An exception to this time schedule is the 3rd Thursday of each month when the resident will begin at 1:30 p.m. The assigned resident shall notify the clinic manager no later than 1:00 p.m. of a change in the expected arrival time in clinic. The resident's function will be: 1. To provide normal prenatal care 2. To provide high risk prenatal care to patients who may be referred by the nurse practitioner. 3. To serve as backup obstetric and gynecologic consultant for the nurse practitioner. 4. To assist in the dispensing of prenatal medications. 5. To consult with the senior attending at NCMH about patient referrals and high-risk patients. • 072 Page 2 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of Obstetrics and Gynecology All care rendered will be appropriately documented in writing. B. The Medical Director of OCHD will be in attendance every Thrusday between the inclusive hours of 1:30 p.m. and 4:30 p.m. for the following purposes: 1. Consultation about patient referrals from nurse practitioner. 2. To serve as primary obstetric and gynecologic supervisor for OCHD nurse practitioner, perform chart verification and signature for all prenatal patients who have been seen by the nurse practitioner and the resident during the previous week as required by the Board of Medical Examiners. 3. Individual and Group conferences with residents, nurse practitioner, Public Health nurses, for staff development and explanation of OCHD policies and management procedures, case conferences and in-service education. 4. Development of standing orders procedure manual for nurses, nurse-practitioners and residents. 5. The Medical Director shall accept responsibility for the work done by the nurse practitioners during the morning hours of each clinic. C. The University's Department of Obstetrics and Gynecology proposes to contract for 50 clinics per year (there being no clinic during Thanksgiving week and allowance being made for one additional week relative to an agreed upon holiday) . Each clinic will require 2 1/2 hours of resident time. For 50 clinics the total cost per year would be $7,641.00. D. This Agreement shall run for a period of one (1) year from the 1st day of July, 1987 to the 30th day of June, 1988 and shall be renewable from year to year thereafter upon written notice executed by both parties. E. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination-any payment due shall be prorated to the date of termination. F. It is the intent and purpose of this Department to send a senior resident; however, due to circumstances beyond our control, it may be that a resident other than 3rd year may necessarily attend the clinic. .. • • r Z 0'73 - Page 3 of 3 Agreement Between Orange County Health Department and The University of North Carolina at Chapel Hill Department of OBstetrics and Gynecology G. The OCHD hereby agrees with The University that, in its educational and/or employment practices, said contracting party will comply with such non-discrimination laws as may be applicable to it in the performance of this contract. H. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officals of both parties. I. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHAL OF FOR AND ON BEHALF OF THE UNIVERSITY ORANGE COUNTY HEALTH DEPARTMENT OF NORTH CAROLINA AT CHAPEL HILL Wit■ (::?\612YrnIminP, der ••7'•inson, Director Farris W. Womack, Vice Chancellor Business and Finance Date; (e-5-81 Date: Shirley Marshall, Chairman Board of Commissioners DATE: Payments to be made on this contract are subject to adoption of a fiscal year 1987-88 budget ordinance by the Orange County Board of Commissioners . "T his inztrummt has been preaud'tted in $4 rta nr..:r required by the Local Govermesat Ls?ge: Ea Fiscal Control Act. 7...--- ---7CZ------. Firance Cfi'ter of Orange County" ORANGE COUNTY 074 BOARD OF COMMISSIONERS Action Age a ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: SEPTEMBER 8, 1987 SUBJECT: UNC--DEPARTMENT OF FAMILY MEDICINE MEDICAL DIRECTOR SERVICES CONTRACT DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: CONTRACT WITH SCHOOL OF MEDICINE CHARLES HARPER, X310 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Effective August 1, 1987 the UNC--School of Medicine, Depart- ment of Family Medicine has agreed to provide Medical Director services and to participate in the provision of medical care on a contractual basis for the Health Department. The attached agreement specified the mutual convenants and condi- tions and financial obligations for the services provided. BACKGROUND: Previously, the Health Department contracted directly with a physician for these services. However, problems persisted in the area of malpractice insurance coverage, adequate clinical coverage and sufficient administrative coverage of medical health activities. RECOMMENDATION(S) : Approve effective August 1, 1987 to June 30, 1988 and author- ize Chair to sign. 075 STATE of NORTH CAROLINA COUNTY of ORANGE AGREEMENT THIS AGREEMENT, made and entered into this first day of August 1987, by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "the University", for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department, hereinafter referred to as the "OCHD". WITNESSETU: WHEREAS, the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS, the OCHD is the operator of two outpatient facilities known as the Orange County Health Department, located in Carrboro and Hillsborough, North Carolina, hereinafter referred to as the "Health Department"; NOW, THEREFORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and the University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director, the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b• advise the Health Director on the medical implications of alternatives in clinical program functioning and management; c. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; Agreement between UNC-CH and the 076 Orange County Health Department PAGE 2 d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. adivse and assist staff in epidemiological investigations; g. be responsive to community public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality/quantity control mechansisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on—site visits and phone conversations to discharge responsibilities at the Department. m. participate in Division Head management meetings; n. discharge the above listed responsibilities through and with knowledge aforehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon clinician services with patient care in family planning, prenatal care, tuberculosis, sexually transmitted disease, general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics on Tuesday in Hillsborough, Wednesday in Carrboro and Thursday in Hillsborough and/or Carrboro as appropriate to work and clinic schedule. 0 Agreement between UNC:CH and the Orange County Health Department PAGE 3 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these clinic schedules. Although Medical Director or back-up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m.. it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on these days. Additionally, the Medical Director will attend once a month a prescheduled tuberculosis control clinic at the Carrboro facility on Thursdays for two hours. 6. The Department will maintain current registration and licensure and warrants such to the OCHD. 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with then accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, THIRTY FIVE THOUSAND DOLLARS ($35,000.00) yearly. This shall be made in equal monthly installments of TWO THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND SIXTY SIX CENTS ($2,916.66) for eleven months not to exceed a total of THIRTY TWO THOUSAND EIGHTY THREE DOLLARS AND TWENTY SIX CENTS ($32,083.26) . 11. The University shall bill the OCHD on a monthly basis with first bill being dated August 1, 1987 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. Agreement between UNC:CH and the " 07 p Orange County Health Department Q PAGE 4 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, meetings, correspondence and publications necessay to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide a minimum of sixteen (16) hours per week of administrative and medical services. These services will be provided by the Medical. Director and the back-up physician unless a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD so as to avoid unreasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back-up physician become unwilling or unable to perform the duties required by this Agreement, the University and the OCR shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of eleven (11) months, from the first day of August, 1987 to the thirtieth day of June, 1988 and shall be renewable annually thereafter upon written notice wrecuted by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least thirty days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with the University that, in its educational and/or employment practices, the OCHD will comply with such non-discrimination laws as ma y be applicable to it in the performance of this Agreement. The Department hereby 07 9 - Agreement between UNC-CH and the Orange County Health Department PAGE 5 agrees to abide by pertinent rules and regulations of the OCHD, Orange County and the North Carolina Division of Health Services in the conduct of service. 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF■ the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR and ON BEHALF of FOR and on BEHALF of ORANGE COUNTY HEALTH DEPART THE UNIVERSITY of NORTH CAROLINA A .,.rte �✓ _ 641; Y l Charles L. Harper, Interim Health Director Farris Womack, Vice-Chancellor /�. DATE: ��f�/ �j Business and Finance /Q / / DATE: 7/2'7 S ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." //7-Z,04, ,e11- Orange County Finance Director DATE: . 8' -/O- S7 CHAIRMAN. ORANGE COUNTY BOARD of COMMISSIONERS DATE: O R A N G E• C O U N T Y ' ' 080 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date aeaterati<c_$2_12$Z Action latilda Item L _ SUBJECT: PROPOSED WATER/SEWER POLICY DEPARTMENT: PLANNING PUBLIC HEARING ____Yes _L_ No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Proposed Water/Sewer Policy Proposed Financial Participation Policies 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 . This item was continued from the August 18, 1987 meeting. 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 and amendments to the Planning Director 's draft were prepared by the Natural Resources Subcommittee and 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 subsequently recommended that a public hearing be held as soon as possible on the proposed policy to receive utility provider and citizen 081 comment. Another purpose was 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. Meetings were held on August 12 and August 26 involving the Interim Manager, County Attorney, Finance Director and/or Planning Director to review and revise the proposal . RECOMMENDATION: The Manager recommends two options: 1. Receive the proposal as information and schedule a public hearing on the proposed water/sewer policy for October 5, 1987, or 2. Receive the proposal as information and schedule two public hearings. The first public hearing (October 5, 1987) would be on the preliminary draft and second public hearing (October 20 ) would address the final draft. MEMORANDUM 082 TO: Ken Thompson, County Manager FROM: Marvin E. Collins, Planning Director SUBJECT: Water/Sewer Policy DATE: June 17 , 1987 COPIES: Barry Jacobs, Planning Board Chair On May 13, 1987, 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 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 Supply/Sewage Disposal The Planning Board recommends that Orange County take an active role with Its municipalities and surrounding Jurisdictions in developing and managing water supplies and sewage 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 agricultual , water quality critical area, environmental protection and buffer policies . These recommendations are based on the following goals : ( a) Provide clean and safe water supplies available and adequate 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 083 INTEROFFICE MEMORANDUM: 8705-1820 Water/Sewer Policy June 17 , 1987 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) Do] i_neation/Protectiorn of Wgtgrshed5 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 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 watersheds regardless of zoning classification . This recommendation is based on and in support of the following goals : ( 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 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 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) C. Revise Section ( 3) Sewage Disposal /Alternative Systems to read as follows : INTEROFFICE MEMORANDUM: 8705-1820 Water/Sewer Policy June 17 , 1987 Page 3 ` 084 ( 3) Sewage Disposal/AJternatJve System To insure adequate and appropriate sewage disposal facilities for all current and future residents, the Planning Board recommends that the use of private community treatment systems be discouraged as a means of sewage disposal throughout Orange County , and that 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 with other agencies, a program of monitoring water quality in Orange County streams. Furthermore, Orange County should establish an on- site wastewater treatment inspection program within the portions of 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 of 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 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 0815TEROFF ICE MEMORANDUM: 8705-1820 Water/Sewer Policy June 17 , 1987 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 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 . ( Z0-6 . 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 prohibited in the Agricultural Residential ( AR) and Rural Buffer INTEROFFICE MEMORANDUM: 8705-1820 0 6 Water/Sewer Policy p 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. (Z0-6 .20) D. Revise Section (4) Delineation of Water/Sewer Service Districts to read as follows : ( 4) Delineation of Water/Sewer Service Districts 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 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 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. These recommendations are based on and in support of the following goals : ( 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 planning process among the County, its municipalities, surrounding jurisdictions and utility providers 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 . ( LUP) (c) Establish Urban Service Areas for Chapel Hill , Carrboro, Hillsborough, Mebane, Durham and the service area of the Orange-Alamance Water System 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 08•-• INTEROFFICE MEMORANDUM: 8705-1820 Water/Sewer Policy June 17, 1987 Page 6 industrial development. ( LOP) ( d) Identify ( sewer) service by centralized water and sewer systems ( Towns of Hillsborough and Mebane, Orange-Alamance 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 and Rural Buffer, except to address emergency situations. ( LUP) E. The Planning Board made no recommendations to alter Section ( 5) Evidence of Service Capability/Capacity . ( 5) Evidence of aer.iice Capability/Capacity ( a) Urban services, including water distribution and sewage collection mains, are not likely within 10-20 years . (ZO-4. 2. 1 ) ( b) Water and sewer lines should exist at the site or be assured of installation as part of the development process . (ZO-4.2.4) (c) Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal . (Z0-4. 2.9) ( d) In cases where the completion and development of the subdivision would require permits granted by an agency, that agency shall officially approve by certificate or permit the subdivision proposal . ( SR- III -D-4-A) ( e) Plans for a proposed public or community sewage system shall be approved 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 Plat, plans and specifications for said improvements shall be approved by the appropriate agencies and references to said improvements shall be made a part of the Final Plat. ( SR-V-C-1 -a) INTEROFFICE MEMORANDUM: 87Q5.1820 088 Water/Sewer Policy June 17, 1987 Page 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 plans same as for proposed public or community sewage systems . ) ( SR-V-D-1 ) 08$ ADDITIONS TO PROPOSED WATER/SEWER POLICY Draft: 7/31/87 Revised : 8/26/87 9/2/87 (6 ) Eaaia_fgc_Ce nt _1nYcalement_in_liatacLaexac_ExtenalQna ( 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; provided, however, Orange County will enter into water/sewer supply and/or treatment agreements only with public bodies . All requests shall be made to the County Manager ' s Office accompanied by the required application material (WSP) . All applications must be on file in the County Manager ' s Office in advance of the start of the budget process (February 1 ) . 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) ( b ) It shall be the policy of Orange County to restrict its investment to and where it issues its bonds for projects which have a relation to safeguarding the public health, safety and general welfare. Orange County will not participate in projects will benefit exclusively private interests. Public expenditures shall further be limited to projects in approved service areas ( 10-20 Transition Areas designated on the Land Use Plan ) and/or for which which there is County funding responsibility. 090 Where a public facility is to be served, advance approval of the Board of Commissioners on the siting of the facility and County participation shall be obtained. The extent of County involvement shall be limited in such instances to the extent that the facility will benefit the residents of Orange County. (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, especially for women and minorities in the absence of a showing by the project applicant that job opportunities available for women and minorities will be equal to those of other Orange County citizens. - 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) 0 91 ( f ) It shall be the policy of Orange County to have title to any water and sewer utilities which it funds; provided, however, such title shall only be required where water/sewer lines are extended beyond the existing utility service area of a municipally or publicly-owned system. Where County funding for projects outside an existing utility service area are repaid, title to the water and sewer utilities shall be granted to the municipal or public system. In the latter case, the County may attach conditions to the transfer of title which require that connections and/or uses must be limited in such a manner to be consistent with the Land Use Plan. (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 based on good engineering practice and shall be determined by the long-range plans of the utility system to which they are connected in conjunction with assessments of potential growth and service need in the area as determined by Orange County. (WSP) (7 ) Einannina_AaacQanh (a) It is the policy of Orange County to establish and maintain a Capital Reserve Fund for the purpose of either financing or paying for water and sewer extensions to approved projects; provided, however, any extension to a County-owned system may be financed by the Capital Reserve Fund or an Enterprise Fund established to account for the County-owned system. The County will not borrow money for such extensions except in the case of a public health emergency or where the proposed extension is to an existing County-owned system. (WSP) (b ) Upon a decision by the Board of Commissioners that funding for a project Is available and that criteria for approval have been met, the basis for County participation shall be on a pay-back basis. All funds received from the operation of a County-owned system shall be paid into an Enterprise Fund. In all other cases, funds received through an approved pay-back schedule shall be paid into the Capital Reserve Fund. All payments shall include interest at the rate charged for assessments under N. C. General Statute 153A-185 or, in the event that the County borrows money for the extension, at the rate paid by the County on the debt. (c) Orange County ' s financial participation for approved projects not owned by the County shall not 092 exceed the estimated increase in ad valorem tax yields from the project the six years following its completion . The method 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 (Capital Reserve Fund) . The following is a sample calculation : $1 ,400, 000 - Estimated value of land and building __12I LQQQ - minus land value $1 ,272,000 - Estimated value of buildings $.544/$100 - Valuation tax rate $ 6,920 - Tax return from each project year $41 , 518 - Tax return for six years equals maximum County funding Orange County 's financial participation for approved projects which are extensions to an existing County-owned system shall be limited to those extensions where projected revenues from the system are equal to or greater than the projected operating costs plus the total debt service by the beginning of the third year after the project is completed. Within limits prescribed by the Board of Commissioners from time-to-time, the amount of financial participation shall not exceed the capital amount necessary to extend the system to meet the projections. All projections shall be those approved by the Board of Commissioners and prepared by an engineer employed by Orange County. (d ) A fee schedule for access and availability fees shall be developed. Where properties along a County-owned portion of a utility extension wish to connect to the utility, an access and availability fee shall be charged and approved by the Board of Commissioners . The owner of a large acreage tract or bona fide farm may select one acre, usually surrounding his or her house, to which the access and availability fees will be applied. If later the property is subdivided, the fees will be applied and charged for the remainder of the tract. (WSP) (e ) Any access and availability fees charged by another utility provider shall paid by the user in addition to those fees charged by Orange County. ( f ) It shall be Orange County policy to require that when a County-financed water or sewer extension is connected to a municipally-owned and operated water or sewer system, then the municipality shall enter into an agreement with the County providing that in the event the project served is annexed by the municipality, it shall pay to the County any County share of the project not recovered by the development. (WSP) ORANGE COUNTY ,�, 093 BOARD OF COMMISSIONERS r.. ACTION AGENDA ITEM ABSTRACT Meeting Date _aeRtem$et_$4._1j$7_ Action nda Item L _ SUBJECT: SYCAMORE HILL - PRELIMINARY ACTION BY: October 14, 1987 DEPARTMENT: PLANNING + PUBLIC HEARING ____Yes _X__ No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Private Road Evaluation Agency Letters Preliminary Plan 8-17-87 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 Sycamore Hill Subdivision. BACKGROUND: The property is located in Bingham Township on Orange Grove Road (SR 1006 ) . The developer is proposing to create six (6) lots from a 15.28 acre tract. The average lot size is 2.55 acres. The developer is proposing a private Class B road (Thistle Trail ) to serve the development. The property is zoned Rural Buffer (R-B) and designated Rural Buffer in the Orange County Land Use Plan. All applicable agencies have reviewed and commented on the application . The County Attorney has questioned the following : 1 . Will NCDOT accept the road for maintenance if constructed to State standards? Based on the NCDOT standard of two (2 ) houses per 1/10th of a mile (528 feet) , the existence of three (3) houses on Thistle Trail (780 feet) would be sufficient to meet NCDOT standards. However, NCDOT would not accept Thistle Trail for maintenance until at least four (4) houses were developed on the road. Six (6 ) lots are proposed. l - 094 2. will the lot to the east have access to Thistle Trail ? The developer has not indicated if access will be provided. A condition of approval had been recommended by the Planning Department to require such access if the lot to the east was developed. 3. Should Sycamore Hill be a private road subdivision? Based on the number of lots proposed (6) , a private road was recommended by the Planning Department. The number of lots proposed was considerably below the 10- lot cutoff point at which the public road requirement becomes applicable. Furthermore, the proposed average lot size (2.55 acres) and the location of the subdivision ( predominantly rural area) appeared to warrant a private road. At its August 17, 1987 meeting, the Orange County Planning Board recommended approval of the preliminary plan for Sycamore Hill Subdivision with the following conditions: 1 . Payment- in- lieu of dedicated open space in the amount of $459. 2. Indicate the location of an existing building on the plat. 3. Development of Thistle Trail as a public road in accordance with NCDOT standards. (The Planning Department recommended approval of Thistle Trail as a Class B private road. ) RECOMMENDATION : The Manager recommends approval of the subdivision per the Planning Board 's recommendation. . , a =AE_ 7`..='E :n i''n . l.7 Nc C1._ 6/87 AZELICAllem FOR 5t$O 1 V4 t 1 ON 11> ital R&. ORA E C4UNIY: 1 095 •DATE : g/09/87 SUBDIVISION NAME: Sycamore Hill L O AT I ON: _ Orange Grove Rd. OWNER/DEVELOPER: Lisa Pakenham ADDRESS: Route a. Box 34� TELEP►w E NC. : 73 -53'l1 ., Hillsbo pugL. N.C. 27,78 732-43''2 AGENT/CONTACT: same TELEPHONE NC. : A. SUMMARY INFORMATION: 5 8 TDwh5h 1 �, slnOha Orenoe County Tax M.ap Block Lots) Zoning Dlstrlct( s) : Ruval Buffer 7o1-15l Number of Acres: 15.28 Pneses : • Total Number of Lots: Fi .Average LOT Si:e: 2.441nlmum Lc- 5i:e;;O1 Number/Type of STructures; ( existlne) _ ( proposed' Llneel Feet In Streets: 850 Acres in Dpen Space '` acre Eater Supply: Public ( specify) Community Y _ Indivlcuel Wasteweter Disposal : Publlc( speClfy) CommuniTy Y .Individual School District: Orange Co. Fire District: _ Cane Creek General Lend Uses in Area: kesidential Critical Areas: stream/draineoeweys flood prone trees wetersned ( specify) historic sites otner (explain) Greenwav-Joint o annino £. All plats must be submitted on sheet no smeller then one inch eouels Two-hundred fee- ( ltu2001 ) end no larger than one inch ecuel s fifty feet ( 1^=50' ) and must conteln the foe loMinc information: % ..,: subdivision name :.:Z-2.:: building seTDeck lines name of o•nerls) :(: Dy notation or typical lot ::-4::: newt of Surveyor. ::: :...: I evour engineer Cr ""'"• existihp end proposed rr{� lent � �:++:t : Planner :r":;.::: teSelnerts (Oreintpt. ..Z..•��.•,•: (Title) Preliminary uTl i sties, rotes eTC.) / peen : existing.. proposed enC V ". " Stele. north Error adjoining rIgn!e-o--wev / (north at top of mad) Including dlmen_ions and �( :_ Date ( Including --"---".v."- street names enC state / = revlslon Getes) Y f..::::.4.,::: road number-5 34_ ?;, "•.: tornsnlp, Tex met.- - existing and DroaoseC • bloc:-Tot reserences utilities. Incl.rdinc type. eL : "- boundary Described _ sizes. nverents. valves v1TT. Deerinps enC mannoles dlstenCes i existing end proposed : ;: ToTel [creep. of The _ culvert 1nCl i,Ciri sizes Tre:- enC per-tape Of J`. 1:A and erects Q lCTS, Inplvein enC ✓ �: F :„ ,;; typical street cross- '•=•:'=:•: excluding tree wltnln :i: {G: seCT ions ene Intersection C)N / i r r.ts-cf-.e p Y be.alls 1nCludih£ Design = - V : Control corner enC .1C?n of Ivey ij".1•::: AroDDs.0 1 of lines ••-•"77�•� enC snow)tars / vital dlnenslons ,j:::i!T.: horizontal alignment end N .0 C : :;: IDT n4�nDers :•:: f1 I Curve Pete (puD11C v L- a • ,: peeling I Inef :::::: voids) r- �` :� t0DDprepny et Ten toot . / t ,� w Q .3.L �:,Zx�•�-: DerncenenT TwETY !S such es (10) intervals }•••. } bulldlnos, cemeteries. !` .. y : rater apples, :.• : h ISTcr is 1 efOlnerwt 0 _ _ t I00Pvey enC 1100e- . • :2•: ees o l n l ng 101 i[gout names W / DIE Ins Of adjoining property M r` ::. 0 buffers end owners enC LYDPivlfiOhs .-.. C) •notetioT 1ndiceting E _ restricted oevelopinent U ice:: AOTee l e I �:, ,:_ Tornsh)6, corporate end extra-r.-rl1Orial planning jYrlscic- L1 .- � / tips Ilnet which cross the property C fL .Y ; location end Size Of perCels etC Ceted fOr public use or ..~.. / .y}-"} : C I n Common �' v :i.G ieCETiee ene s:2e of lots of restriCTed Oevelopmer.t poter.t isl end notation on pie, reperCinr stmt +••�.[ : : 5,0eeeeeer maneoemer.- plan InCIClting provision for Control •••••• 0. The f ir5t 1/2 Inch of runoff from impervious surfaces please complete reverse side • 096 C. OTHER SUBMITTAL REOU I REMEN'TS 1 . T•,enty-seven ( 27 ) copies of the prei mir,ary plat. 2. To full size copies of an Orange County Tax map ( one copy with tax parcels involved clearly marked ) . 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. I , the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a 5105 . 00 fee ( subdivisions of 1 -5 lots) , 5210 . 00 fee ( subdivision of E-9 lots) , 5315 . 00 fee ( sub- divisions of 10-25 lots) or a $420 . 00 fee ( subdivisions of 26 lots or more) is due at the time of application. A 55 . 00 per lot fee is due at the time the final plat is presented for recordation. � APPLICANT' S SIGNATURE OWNERS SIGNATURE 6fzio /8 ? c/,-;ca /P7 DATE DATE • FEES: Amount alo. Date Pa i d 6`2617 Receipt /14.38- • • SYCAMORE HILL 09 11 /85 QB8NGE_CQLItiIY CEBIlElMICALAUD_AEBBQYALE_=_EBELIMINABY_ELEI STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 6-2`87 Reviewed 6-3-87 PRELIMINARY PLAT: Received 6-26-87 Reviewed 6-30-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 7-15-87 CERTIFICATION Mike Mills SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 6-29-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham ) : DATE 7-15-87 Certification Health Deft. OTHER: Recreation Advisory Council (Date ) Carrboro Fire Department (Date ) Chapel Hill (Date ) Carrboro (Date ) Hillsborough (Date ) Durham (Date ) Other (Date ) Erosion Control 8-6-87 (Date ) PLANNING BOARD : Date Approval ____ Approval with Conditions ____ Denial ____ BOARD OF COMMISSIONERS : Date Approval Approval with Conditions ____ Denial ____ • , S j M0RE H I LL - APPLICANT : LISA PAXENHAM ZONING : R .B LUP : RURAL BUFFER V - \ . SCA L I = 400 -t 1/ N. I t 0 7F. i TR.r 5851 17.21 A C CA L. • CD 8 0 441,7 1891 18.18 AC. 17.47 AC. 18.34 AC. Ail.,1 1481 3494 ` 0495 1 OQ 0 7 ��%` 9152 11.91 AC. 40/ / S E 124 9059 / • :• — _ — _ _ _ - ----- - - . - - -- ° .,/ GRC - — — -- — SO:RD.R/w — — . 6759 ,/..A.i HOP : /6 (2.2A 16.7 AC. 3.45 AC. / \ 9667 47 t633 r� � / 23 7 AC. 18.32 AC. \\ / / 1.3$,4 . 3::1:32,..../\ / ^, . 9517/, TR.5 rR.4 ' /7 L$ AC. •4 - / I. AC. /5386 221 0027 J -�- 17.16 AC. i 3591 �`oo/ .4 II . '.6-18 AC.' .�-� I '!-247A . 0 X59 I I I `I N 32 I AC. 2.93 AC. 8344 082.'s 2 238•^ 35 0 f I ', n L I Ad. I 2 II� 22 I 4.6 AC. i �, I:I -f, 3283 \ 3" • ti I`, • \ 1/'_.0 ORANGE COUNTY PLANNING DEPARTMENT 306E REVERE ROAD 9 OS HILLSBOROUGH, NORTH CAROLINA 27278 re en•'-• C14L:1QB4LL`QLLM TO: Orange County Planning Board FROM: Orange County Planning Department SUBJECT: Sycamore Hill Subdivision - Preliminary Plan Private Road Evaluation DATE : August 11 , 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 100 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 Sycamore Hill Sub- division, the Planning Department notes the following : 1 . The proposed subdivision is located off Orange Grove Road ( SR 1006 ) in Bingham Township. Surrounding property receives access from Orange Grove Road. The road is designed to restrict any future extension . The proposed private road is designed to allow full public safety access . 2. a) The subdivision consists of six (6 ) lots. b ) The subdivision does not preserve a natural area. c) The subdivision does abut Orange Grove Road ( SR 1006 ) which is designated as a collector in the Orange County Land Use Plan . It is in the northwest corner of the Rural Buffer area around Chapel Hill . d ) The subdivision does not join or extend an existing subdivision where the street is private or unpaved. It also does not connect with an existing private or unpaved street. It is compatible and in harmony with the surrounding community area. e) The subdivision road if constructed to State standards would probably be accepted by the State for maintenance . RECOMMENDATIONS The evaluation of the proposed private road (Thistle Trail) in the Sycamore Hill Subdivision indicates that a private road is appropriate. The road would be similar to other existing subdivision roads in the area. The road as designed allows easy access to Orange Grove Road. The subdivision satisfies one of the five conditions in item 2 : ( 1 ) the subdivision consists of less than ten ( 10) lots. ip Based on this evaluation, the Staff recommends that the proposed subdivision road be approved as a private road . 102 �I t e . . ,x STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN July 15, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS. P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Mr. Eddie Kirk Orange County Planning Department 306—P Revere Road Hillsborough, NC 27278 Subject: Sycamore Hill Off SR 1006 (Orange Grove Road) in Orange County Dear Mr. Kirk: This is to advise the subject preliminary plan has been approved. Also, a driveway permit. will be required. If you have any questions, please advise. Yours very truly, 0 J. M. Mills, P. E. DISTRICT ENGINEER JNLM/SPI:jbh An Equal Opportunity/Affirmative Action Ernoioyer COLEMAN. BERNHOLZ, DIC'KERSON, BERNHOLZ, GLEDHILL 8: HARGRAVE 103 ATTORNEYS AT LAW 110 CHL'RTON STREET 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 S EVEN A.BERNHOLZJR July 14 , 1987 DONALD R. DICKERSON ROGER B.HERNHOL2 GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN a. BERNHOLZ RICHARD J- SNIDER.JR. G.NICHOLAS HERMAN KAREN J. SHANGRAN' 01 Counsel BONNER D.SAWYER Mr. Eddie Kirk (1902-1972) Planner Orange County Planning Department 306F Revere Road Hillsborough, North Carolina 27278 Re: Sycamore Hill Preliminary Plan Dear Eddie: My comments are questions: Would DOT take over Thistle Trail if it were public? Will the property to the east of the subdivision have access to Thistle Road? Should this be a private road subdivision? Very truly yours, -eoft- .ey E. Gledhill GEG/lsg ORANGE COUNTY PLANNING DEPARTMENT 104 3(6F REVERE ROAD HILLSBOROU(;H, NORTH CAROLINA „78 MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth , Erosion Control Supervisor SUBJECT: Sycamore Hill Subdivision DATE : August 6 , 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 . r1 AGENDA ITEM #6 : CHAIR COMMENTS W _ . 105 Jacobs inquired about an informational letter requested by the Stoneycreek Neighborhood Association regarding their involvement in the Rural Buffer. Collins responded that the letter had been mailed. Jacobs also noted that the Economic Development Commission has hired a consultant for the study which is to be under- taken in cooperation with the Planning Board . She is Sarah Rubin, an Orange County resident who is very interested in the future of Orange County and working with the Economic Development Commission and the Planning Board. A schedule will be developed shortly. Jacobs inquired if Landscape Plans for subdivisions were to be available. Szymik responded that some of the prelim- inary plans in this agenda packet were landscape plans as well . He noted that landscape plans would be available for future plans . Jacobs noted that a member of the Transportation Advisory Board had suggested that the Planning Board go on record recommending to the Commissioners that a portion of the five foot additional width on Homestead Road be used as a bike lane . It was the consensus of the Board that such a recommendation be forwarded to NCDOT by the Board of Commissioners. AGENDA ITEM #7 : ADVISORY COMMITTEE REPORTS Pilkey reported that the Board of Adjustment had received an application for a dog kennel . She indicated that there was some problem with the plat; therefore, the application was postponed until the October Board of Adjustment meeting. AGENDA ITEM #8: SUBDIVISION APPLICATIONS a. Sycamore Hill - Preliminary (Bingham Township) Presentation by Eddie Kirk. This agenda item is for the consideration of the Preliminary Plan for Sycamore Hill Subdivision. The property is located in Bingham Township on Orange Grove Road (SR 1006 ) . The developer is proposing to create six (6) lots from a 15.28 acre tract. The average lot size is 2.55 acres. The developer is proposing a private Class B road (Thistle Trail ) to serve the development. The property is zoned Rural Buffer (R-B) and designated Rural Buffer in the Orange County Land Use Plan. All applicable agencies have reviewed and commented on the application . The County Attorney has questioned the following : 106 1 . Will NCDOT accept the road JO L:\ for maintenance if constructed to State standards? Based on the NCDOT standard of two (2 ) houses per 1/ 10th of a mile (528 feet) , the existence of three (3 ) houses on Thistle Trail (780 feet) would be sufficient to meet NCDOT standards. Six (6 ) lots are proposed. 2. Will the lot to the east have access to Thistle Trail ? The developer has not indicated if access will be provided. A condition of approval has been recommended to address this concern . 3. Should Sycamore Hill be a private road subdivision? Based on the number of lots proposed (6 ) , a private road is recommended. The number of lots proposed is considerably below the 10- lot cutoff point at which the public road requirement becomes applicable. Furthermore, the proposed average lot size (2.55 acres ) and the location of the subdivision ( predominantly rural area) warrant a private road. The Planning Staff recommends approval subject to the following conditions : 1 . Payment- in- lieu of dedicated open space in the amount of $459. 2. Indicate the location of an existing building on the plat. 3. Include in the Road Maintenance Agreement a provision which would permit the property to the east to have access to the proposed Thistle Trail , which would require upgrading of the proposed Thistle Trail to public road standards if the property to the east is subdivided and accesses Thistle Trail , and which would require upgrading of the proposed Thistle Trail to public road standards if any parcel within Sycamore Hill Subdivision and served by the road is further subdivided. Jacobs asked that road names as well as numbers be included on the vicinity maps in the future. The response was that the surveyor could include this information . Jacobs asked if courtesy review had been requested from other governmental agencies since this sub- division is in the Rural Buffer. Kirk responded that Carrboro and Chapel Hill comments had been requested previously when the subdivision is in a watershed. y 0 i] 1 If 10? Jacobs asked what changes would be required by the developer to require a public, state-maintained road rather than private. Kirk responded that the develop- ment would stay the same and the road would change from a Class B Private Road which is a 12-foot wide gravel road to a public road, state-maintained 20-foot wide . MOTION : Best moved approval modifying condition #3 to require a state-maintained road . Seconded by Pilkey. Kramer noted that County Attorney, Geof Gledhill , has advised the Board to require public roads. Szymik reported on a telephone coversation with Mike Mills today stating that under certain conditions DOT will approve public roads in subdivisions which do not meet the density requirement of NCDOT. They would tend to approve public roads in subdivisions with large lots or when the new road would connect to branch roads which are public roads. Szymik continued noting that he was not sure just what criteria NCDOT is operating under for accepting roads as public. Jacobs stated that the burden of proof of reasons for a private road rather than a public road should be on the developer rather than planning staff . Szymik noted that the only "hard criteria" at this point in time from DOT is the one of less than four houses. Lisa Packenham, developer, asked if it is possible to have input from citizens and developers before the requirement for all roads to be public roads is implemented. Jacobs noted that the County Attorney had concern with consistency of the ordinance in practice . It has seemed that the legislative intent in Orange County is a prejudice toward public roads unless a compelling argument was made to the contrary by a private interest. Packenham continued that there were times when a private road served the community much better than a public road. She felt the citizens should be heard as to whether they desired a paved road. She noted that to keep an area rural would not call for a public road. She felt a public hearing should be held for discussions of private vs. public roads. She expressed concern that the paving of roads would do away with the "reasonable cost of the subdivision" as the cost of paving would be passed on to the individual lot owners whose preference may very well be a private gravel road . Jacobs noted again that in reviewing the statements made by the County Attorney, the burden of proof for a IT A Q 1r private rather than public road is on the developer. 108 Ms . Packenham felt that the criteria precedence had changed mid-stream which made it increasingly difficult for developers. Eddleman stated he would like for a working session to be held to get definite ground rules for private roads. Lewis asked the status of most of the other roads in that area. Kirk responded that most are private as there have been no recent developments in that partic- ular area. Lewis stated he felt the staff recommendation did address the problem of paving this particular road . Pilkey stated she felt that there should be a cut-off date for the establishment of private roads. Szymik stated that three weeks ago the basic criteria for public roads was the DOT density standard. Beginning the month of August evidence for a private road must be presented. VOTE : 4 in favor (Pilkey, Jacobs, Kramer, Best) . 3 opposed (Boland - due to being changed to a public road after original presentation, Lewis - clear answers area needed from DOT) , Eddleman - desire to get criteria in place and get out of the "gray area" with DOT) . 1 abstained (Yuhasz - due to professional conflict of interest) . Jacobs reminded the Board also, that the County Attorney noted that there is no way in the ordinance to address the increase in cost to potential buyers for the paving of roads. Thus, cost could not be a consideration . Yuhasz expressed concern that the Planning Staff was leaning too heavily on one of the five criteria. He felt that choosing one criteria to judge by is not sufficient. Discussion of preservation of natural area followed with Yuhasz noting that specific criteria was not given. Jacobs responded that since specific criteria was not given, it allows for more creativity on the part of the developer. Eddleman stated that he felt the ordinance should be re-written to list specific criteria for preservation of space . Jacobs noted that the Ordinance Review Committee and the Transportation Advisory Board could review this information and report back to the Planning Board . O R A N G E C O U N T Y 105 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date _aaataMLet-$z_1nZ_ Action enda Item /3241___ SUBJECT: J . D. TERRY - PRELIMINARY ACTION BY: October 14, 1987 DEPARTMENT: PLANNING PUBLIC HEARING ____Yes _X__ No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan 8-17-87 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 J . D. Terry Sub- division. BACKGROUND: The property is located in Little River Township on Green Riley Road (SR 1579 ) . It is a 4.02 acre tract. The developer is proposing to create one ( 1 ) additional lot by dividing the tract. One lot would be 2.04 acres and the other lot would be 1 .99 acres. Both lots would have State road frontage. All applicable agencies have reviewed and commented on the application. The Planning Staff does not recommend that a common -drive be required of this subdivision. This is consistent with the proposed Ordinance amendment that common drives be required on arterial and collector roads. Green Riley Road is neither an arterial nor a collector. At its August 17, 1987 meeting, the Orange County Planning Board recommended approval of the preliminary plan for the J .D. Terry Subdivision per the Planning Staff recommendation . RECOMMENDATION : The Manager recommends approval of the subdivision per the Planning Board ' s recommendation. 11/S5 • 110 AGt Tn T Cr. T r(:+T Aaq a ORANGE COUNTY DATE: , s19 SUBDIVISION NAME: ;.mvr� alp. •D "r RR 11 LOCATION: Greg: • % : 6. _ , TwP• OWNER/DEVELOPER : . 17-0. -167J12."4 ADDRESS; TELEPHONE NO . : AGENT/CONTACT: ' ST J-0l p,ry,CUS`Tmc. TELEPHONE NO . : A . SUMMARY INFORMATION: Orange County Tax Map , $ Block Zoning District(:) ; -� Lot (e) 44(4- Township Total Number or Acres : 4.o3 Lx. Total Number of Lots : 2 Average Lot Size : .o2. Minimum 1 Number/Typo of Structure. : (existing) NokE (proposed) Lnt Size 1�9� Lineal Fast in Streets : -. (proposed) Water Supply: �---., Acres in Open Space Fp y: Public(: eci f ) 1lastawetrr tii Disposal: p y Gomaeuni :y x Individual School District: Pub11c(apecify) �...Camaunity X Individual General Land Uses Aea - in r : Fire District : Critical Areas : 'stream/drain. ewe s g flood prong areas waterahsd( apecifr) o historic oats. theriexplain) B . All plats must be submitted on sheet no smaller than one inch equals two- hundred ' feet (1 •'.2001 ) end, no larger then one inch equals fifty feet (11p=601 ) and rust contain the following information : subdivision nags 1;.140.1> seem of 407/2 building .heck items L war. drwsrlal .,;.r t setback 170.■ �i..0 fern et l yer. engineer •r -, by or typical let om feted 1l p / le P r «" (Mist) Prellrin•ry Plan �+_+* *slating .n■ prepared cram_ aril.. north error North •[ v: sent* Idreinege. uttltttrs. :_r- toe ■f soul • rtr.l dote Itnalrs/wp 1.00101406 tlKU)~ ettstlhp, p d end �L township• tut riPbloak.—let ry!yx adjoining rights—of—vol. :r ? ;wf•rosa•s 2.gty including dlrowelen� end + ! r76 mQ with .:: w bearings and d1 wrsbmr• • yr fetal go of the teat •■lettnp end p w.4 and bereave of lets. fx.,; utilities. including ;AO end ssel.dlwp Sr.. within type, e1. 'e ' Pipnta.∎up ve `•='=`': hi 'elves and ■�. !"�"!!"; control earner 4 ' lee Proposed let lines with •:lrttwp end p d culvert dissensions tnplydlel ■1=ee and pupae ..tom 4=1. let somber. : typical street pro••—seotaone Phasing lines -:h% end 1 len petal is rSr �� ,,;;. Lopeprephi at ten feet 1701 =:-� '• tnelydinp design end width ✓ Y lntrrrs is a/ '-�'_ •f trees fray end rnea lame■ uoere bodies. at • Reed— It h■ri00000l slip and k.-E.': ray end fleoipleinr .� #A+;v. Oenrrsl erns acts laueltp KW6rffors end notation ;:: eeeesl KW indicating ele[ed per features •ueh es dowel :::E k.f buildings. Toe, t/ '' potential 0trterje • .; tornstlp. corporate and st[er— land : trrritorlel Planning �� adjoining let layout«saes of adjoining jurisdiction line• anion owners see subdlrl•lent E •roar the Property _ leeetlen end site of percale dedlceted far public wee or •fJ +3 in ean.ew r.r.,. losettee end size of lets of /,/ tT♦: ninetieth Plat re laird sevrloprmnt pceseitsl end �? yarding •ub . ...Y. •terra■tar se«eprsent Plan lwdlertlnp Provlrton fee control of the fleet 1/1 lweb of runoff free luewrrtews •urfeam■ (GRAY AREAS FOR OFFICE USE ONLY) C . OTHER SUBKITTAL REOZIRENENTS : 111 1 . Twenty—six (28) copies of the preliminary plet 2. Two full size copies of an Orange County Tax map (one co parcels involved clearly marked] . PY with t _ 3 . Where municipal or pKASA sewer is County Health Department certifyingotheVeproposedawastewaterowsyst 0rsn• each lot . system f• I , the applicant , hereby certify that the foregoing application 15 coop eccurat• . I understand that a 1210.00 fee (subdivisions of 15 lots or � lest or • *370 . 00 fee (subdivisions of 16 Lots ePPllcatian . A *6 ,00 or more] 1s due at the tine o presented for recordationp�r let tea is due at the the the fine 1 plat 1 41/h4174,i //74,1" P7LICAN7 S SIGNATLJRE� "� lOi]1f�., JOk(E�j''S 5I 6ttATURE • • • OA7 E FEES: Amount I/Os°" Date Paid C-2 -- id 5- ? 7 Receipt /413DV 112 J . D. TERRY 11 /85 QEBIlEICKIQU_ANQ_AeEBQYALS_=_PBELIMINABY_PLAI STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 5-29-87 Reviewed 6-3-87 PRELIMINARY PLAT: Received 6-25`87 Reviewed 6-30-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 7-28-87 CERTIFICATION Mike Mills SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 6-20`87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham ) : DATE Health Dept. Certification David Hecht OTHER: Recreation Advisory Council (Date ) Carrboro Fire Department ( Date ) Chapel Hill (Date ) Carrboro (Date ) Hillsborough (Date ) Durham (Date ) Other (Date ) Erosion Control 6-4-82 (Date ) PLANNING BOARD: Date Approval ____ Approval with Conditions Denial ____ BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial =1 6 11 a 15 , 1 JT D . TERRY APPLICANT : J.D. TERRY A C. • ZONING : NOT ZONED 0 LU P : A.R. • S fk CALE 1 = 400 N s ) 4 J " IT •: .,25 : • .643 .5057 • 45 AC. . ti . - 92 P'G tat' 30.644 5 AC. 030" _ . . 7 C/ / • 0 _ � r 7'5 AC..:7 - Gc:(E.'.1-1‘1 ..---——7.---- ' 011 , ...-<...-.. ''....... 1 0 4 AC. . - 4.568?. • r ®. c.p i. AND _._ fi $246 : 4 A C. Zoi3 ► .\ . , . • . - -. . . . c..,A11C.• % i 0... * _ �� 9957 A - 5399: '.:.. .: - 5 29. 4.07 AC ' . . . \\ i A:. ."� : .,-. . i, \6035 29.905 A C• • \\ .54.04 30 \` 0 - _. 4.43 AC. �,\ \lip. a •11 2 3.4082 AC. 01 •1067°4. A \\ '• AC. 3.67 • �, .�ii� \ 1 c., 32 6327 \\ \ \ „r 1\ 5613(..--..\ 114 r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN July 28, 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: Preliminary Plan For J. D. Terry Property Off SR 1579 (Green Riley Road) Dear Mr. Kirk: This is to advise the preliminary plan for the subject property has been approved. If you have any questions, please advise. Yours very truly, . M. Mills, P. E. DISTRICT ENGINEER JMM/SPI:jbh An Eoual O000rtuniIv/Affirmative Action Employer COLEMAN. BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEY S. AT LAW 115 110 CHI'RTON STREET HILLSBOROUGH, ;\'.C. 27278 919-732-2198 919-942-8000 CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL.N.C.27514 July 22, 19 8 7 919.929.7151 ALONZO B.COLEMAN, JR. STEVEN A.BERNHOLZ DONALD R. DICKERSON ROGER 13•BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD .1. SNIDER.JR. G.NICHOLAS HERMAN KAREN J. SHANGRAW Mr. Eddie Kirk Of Coun.el Planner BONNER D.SAWYER Orange County Planning Department (1902-1972) 306F Revere Road Hillsborough , North Carolina 27278 Re: J. D. Terry Property Subdivision Dear Eddie: I have no comment regarding the J. D. Terry preliminary subdivision plan. Very truly yours , eof •ey . Gledhill GEG/lsg ORANGE COUNTY PLANNING ]DEPARTMENT 116 306F REVERE ROAD HILLSBOROI'GH, NORTH CAROLINA 27278 MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth , Erosion Control Supervisor SUBJECT: J . D. Terry Subdivision 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 . 1iJd4' b. J . D. Terry - Preliminary (Little River Township ) 117 Presentation by Eddie Kirk . This agenda item is for the consideration of the Preliminary Plan for J . D. Terry Subdivision . The property is located in Little River Township on Green Riley Road ( SR 1579 ) . It is a 4. 02 acre tract. The developer is proposing to create one ( 1 ) additional lot by dividing the tract. One lot would be 2.04 acres and the other lot would be 1 . 99 acres. Both lots would have State road frontage . All applicable agencies have reviewed and commented on the application. The Planning Staff does not recommend that a common drive be required of this subdivision. This is consistent with the proposed Ordinance amendment that common drives be required on arterial and collector roads. Green Riley Road is neither an arterial nor a collector. The Planning Staff recommends approval . MOTION: Best moved approval . Seconded by Kramer. VOTE : 7 in favor. 1 abstained (Yuhasz - due to personal conflict of interest) . c. Turtledove - Preliminary (Chapel Hill Township ) Presentation by Eddie Kirk. This agenda item is for consideration of the Preliminary Plan for Turtledove Subdivision . The property Is located in Chapel Hill Township on Old Greensboro Highway ( SR 1005 ) . It is a 13.85 acre tract with 5 lots proposed. The average lot size is 2.31 acres excluding the right-of-way. The developer is proposing a private Class B road (Turtledove Lane) . The property is zoned Rural Buffer and designated PW- II in the Land Use Plan. All applicable agencies have reviewed and commented on the application. Carrboro's comments are based on an earlier submission; i .e. , a cluster subdivision of six (6) lots. The Planning Department found the proposal unsuitable and recommended a reduction in the number of lots. The developer deleted one ( 1 ) lot and submitted a conventional subdivision for approval . Even though the subdivision is not being considered as O R A N G E C O U N T Y BOARD OF COMMISSIONERS 118 ACTION AGENDA ITEM ABSTRACT Meeting Date _aeRtemlzar_$L_128Z_ Action g nda Item L __ SUBJECT: TURTLEDOVE SUBDIVISION - PRELIMINARY ACTION BY: October 14, 1987 DEPARTMENT: PLANNING PUBLIC HEARING ____Yes _X__ No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Vicinity Map Preliminary Plan Certification Agency Letters Preliminary Plan Private Road Evaluation 8-17-87 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 Turtledove Sub- division. BACKGROUND: The property is located in Chapel Hill Township on Old Greensboro Highway (SR 1005) . It is a 13.85 acre tract with 5 lots proposed. The average lot size is 2.31 acres excluding the right-of-way. The developer is proposing a private Class B road (Turtledove Lane) . The property is zoned Rural Buffer and designated PW- lI in the Land Use Plan. All applicable agencies have reviewed and commented on the application. Carrboro's comments are based on an earlier submission; i .e. , a cluster subdivision of six (6) lots. The Planning Department found the proposal unsuitable and recommended a reduction in the number of lots. The developer deleted one ( 1 ) lot and submitted a conventional subdivision for approval . Even though the subdivision is not being considered as a cluster development, the required minimum open space (for greenway ) is being dedicated along Phil 's Creek. Orange County 's buffer requirements have been met. Based on the NCDOT standard of two (2 ) houses per 1/10th of a mile (528 feet) , the existence of five (5 ) houses on 119 Turtledove Lane ( 1160 feet) would be needed to meet NCDOT standards. Although five (5 ) lots are proposed, one lot is occupied by an existing house with access to S.R. 1005 . Thus, the street may not be accepted for maintenance by NCDOT. Although the developer has indicated that access to Turtledove Lane would be restricted to lots located 'thereon, a 112 acre tract is located to the west of the proposed private road. A condition should be included which permits access to Turtledove Lane in the event the adjoining property is developed. Such a condition would prevent double frontage lots from occurring. At its August 17, 1987 meeting, the Orange County Planning Board recommended approval of the preliminary plan for Turtledove Subdivision subject to the following condition : 1 . Include in the Road Maintenance Agreement provisions which would : a. Permit the property to the west to have access to the proposed Turtledove Lane; b . Require upgrading of the proposed Turtledove Lane to public road standards if the property to the west is subdivided and accesses Turtledove Lane; and c. Require upgrading of the proposed Turtledove Lane to public road standards if any parcel within Turtledove Subdivision and served by the road is further subdivided. The Planning Board decision to permit a private road was based on the fact that the proposed Turtledove Subdivision was located in University Lake watershed. A private, unpaved road (Class B ) would reduce the amount of impervious surface in the development and in the watershed. RECOMMENDATION: The Manager recommends approval of the subdivision per the Planning Board 's recommendation but with one additional condition : d. In the event that Turtledove Lane is upgraded by development of the property to the west, the owners of property in Turtledove Subdivision as well as the owners of the property being developed to the west will agree to maintain Turtledove Lane in an upgraded condition (NCDOT standards) until NCDOT accepts the road for maintenance . E:ET ROD' 'L ! ' Fri r_G., • `. . c , ^,n FGG:�Vt' "t f` ., y,l _v rL�n D�,-_ . . 120 SUBDIVISION ��NAM,E: % Vim+ ��' LOCATION: r/` /001- 7C>Z-0 C,LL J A4/ :,ICo /l/�•..--y ) Ai" 'g / • .M/ . L...). eF nr[ r ttg Ity 12 OWNER/DEVELOPER: C4NOY t~.�z?ri-rid / c T-)v'FaAl c c"rt-, rIcc Lr ) ADDRESS: ?// Lni fc1 M 'i.,, cr' TELEPHONE NC. : ;7-:r ii 7-1, 6 h,r:Plc_ /„A.1_ Ai( 7 —7 L,L, AGENT/CONTACT: (74 AMY 1---'F`n-1-'11- TELEPHONE NO. : 2---9 7/72-/ :/i w. r-c•-l..:lrarty cr• clrjo-PL( fiV1U.4- /10",C, z7 514 A. SUMMARY INFORMATION: Oranoe County Tex Map J/S_Slock . Lot(s) /1 Township CWArL /?lLi. Zoning Distrlct( s) : ',i2 ,.-ijc G;-,. Total Number of Acres: /'-, , 1 Phases: / Tote1 Number of Lots: .5 Averace LOT S ize: -' "( Minimum Lot Size ., j Number/Type of ructures ; ( ex i st i no)/ SrM ( proposed) r #PgvrrTr . ,ct-' J� Llneel Feet in Streets: // /7 Acres in Oren Spece • <-•4 Neter Supply: Public (specify) Community ✓ 15_11.10ual K'esreweter Disposal : Public( specify) Community ' Individual School Distr1dt:CA7rff•LSGno Fire District: -c <�f/1 nrL4ALloic General Lend Uses In Area: Rf-s//'fNr7*-<- Critical Acees: stream/oralneoeweys , X flood prone erees /'-'2— watershed ( specify) historic sites other (explain) B. All plats is be submitted on sheet no smeller than one Inch eouels two-hundred feet ( 1"=2DD' ) end no leroer Than one Inch equals fifty feet ( 1 '175D' ) and must conteln the following informetIon: :•• : subdivision name 4 bui1C)nc setback lines T. _ name Cl O.ner(5) .- .•• :::}? by 1107e/ion or typlCal I0/ name of surveyor, . layout n,;Xeno l near or lend f-=_ :: -•? ex i st l no end proposed P l either %..-_,.- ▪:•- : easements lorelneot. ; : (title) Preliminary X *: utilities. roads. etc.) --••,,�.-; Plan } {• ex I5T 1 hp, X :'.Y'.} scale, north arrow Proposed end -. ▪ edjolninc rlont;-171-ray 1ti ' 111OrTh e' Toy o1 meD) ▪ includlnc dimensions end :;;,t ... Oere ( Including _ ___ Street names anf state _ . revision Oates) •``•-• rood numbers _� : :: t ovnshlc. tex met.- ▪ :.:2 . :. ,,,,;,�-' ex i sT i nc end proposed blocR-lot reference$ utilities. Includlnc type, • A ::::A::: b6'sn0ary descrlbeC '•:•':i: sizes, hydrants, valves with beerinps end `r manholes * distances /"� •::-: :: ?- X :.. • total e[ree ;;K: exlstinp end proposed • . .�:. OC Cl of T"e __ culvert inclutllnp sizes - Tract and eCreeoe o! y ••• end CreOes o F.:::: :: IOTS, InCI'sO,n one /� IcTs. In • '• .-- tYbleel street cross- . ,U p area rlTnlh •�:-;-:: sec/lens end IrTerse CTioh m yMi.,,, riohTc-of-ray Details including Oesipn N : y:;: control corner end wieth of ?revelrey ::: ::: Prop056C lot I Ines with dimensions Ions ^I/� • end snap 1 oars M U ::• : nor.sontel ellpnment end E — -.L` - ••• lot numbers ^� yU ` Pnaslnp Imes 1 curve pet! (P'sp11C x roans) .- i;;i5;�: ?opopreony et Ten tear ••,,}}.. Permanent 110) In? Is v.- factures seen as '7 L rater Dotlles, iTreeer„ .:: bu11C1nps, cemeteries, is W 0 flootl.e , edjoinlc I eraser's ... i . :: y end floes- -.. edjoininc JOT levy's, fleets d� ro • Plains ` T~ 01 eClolnln proper? -: stream butlers end s Y Cu d X*:::: notation Indicatinc .•..... Owners end subdivisions c resTric,ec Development • U A ti is OO?ential '- ',La. 4�Y; TDwnsh 16, eorpore? -K e end extra-terrltprlel Dlennlnp jerlsdlC- U : TiOr• lines which cross The property 0) C = IDCeTIon end sire of parcels Oediceted !or Public use or reserved In common L.i t!] IOCCTior, end s17e c! IOT5 C1 resTrICT.0 CevtiODmenT end notation or, Diet reoerdln POTenT lei � i::0 c Same :4 s?or.weter meneoemen- plan Intl ice?Ind provision for control : :r✓ of the first 1/2 inch of runoff from impervlouS surfaces please complete reverse side 121 C. CTHER SUBMITTAL REQUIREMENTS 1 . TM erty-seen ( 27 ) copies cf -re preliminary plat . 2. T�'o full size copies of an Grande County Tax map ( one copy with tax parcels involved clea- ly narked) . 3 . Where municipal or OI'ASA sewer is not available, a letter from the Orange County Health Department certifying the proposed Mastewater system for each lot. I , the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a S105 . 00 fee ( subdivisions of 1 -5 lots ) , S210 . 00 fee ( subdivision of 6-9 lots ) , S315 . 00 fee ( sub- divisions of 10-25 lots ) or a $420 . 00 fee ( subdivisions of 26 lots or more) is due at the time of application . A S5 . 00 per lot fee is due at the time the final plat is presented for recordation . (21.-"—c c.-z� C�� .UWLN. i APPLICANT' S SIGNATURE OWNER' S SIGNATURE DATE C�� DATE EE_S : Amount 30O d hi I2-G Date fi a i 3 - Receipt 51 3 — _Z. •rz TURTLE DOVE - " h Applicant : Sandy Worth -4 Zoning : Rural Buffer 12 o .. -..rt e :_ - : ••=. LUP Designation : Rural Buffer, PWZL to Y= Scale . 1u - 400 ' - " �. __mow - . - #- •_____\_§_t_ ..,3.+G *4. T I K t=.. 14$ 8816 - .= 8.77 AC, `Qp,■ - ••-.. \ 0 14 5375■ - - tSi :+� 1265 ��\� 5 35AC• 2 COtl5 ' 7. 13 AC. 14D y 14.64AC. �\��__ Vr i • .--...--474#0, CFO 2.97AC. \ �` 02625 5 2.27 ��" 6745 \ \ 4.02 AC. � + " \93 a o X56`\ - O.\ 0-392 �. �l g06 e \ tl W 4.3 4C _ N z�� 1�1 7:07AC y 172 AC. I • D - .94 A 1.67 AC. a \\\ 3959 5 o ,n 9 ��\ D g-34 1 A,.. RSA �50 ._______ r5 I AC. ' w 17 _ �. I AC 6441 ` 519 SEE MAP 1158 - /1 I 10.51 AC. _.--,•...— Ig •• 37 IAC. • (PHIL 5 RIDGE) I 3 5 I I l •1 �- % 264 AC 8 1AC. , I _- •A DI ° ygpe \ l - 1 !%C 79 12a TURTLEDOVE SUBDIVISION 11 /85 CEELLElCHION_ANQ_AEe13QVA L La_=_EEE LEINAEL.ELLAI STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 11-16-86 Reviewed 11-19-86 PRELIMINARY PLAT: Received 3-2-87 Reviewed 3-4-87 REVISED PRELIMINARY PLAT: Received 6-26-87 Reviewed 6-30-87 NCDOT: DATE 3-20-87 CERTIFICATION J. M. Mills SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 3-11-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham ) : DATE 7-27-87 Certification Ron Holdway TT OTHER: Recreation Advisory Council 4-15-87 (Date ) Health Dept. Carrboro Fire Department (Date ) Chapel Hill (Date ) Carrboro (Date ) Hillsborough (Date ) Durham (Date ) Other Carrboro (Date ) Erosion Control 7-29-$7 (Date ) PLANNING BOARD: Date Approval _ __ Approval with Conditions Denial ____ BOARD OF COMMISSIONERS : Date Approval Approval with Conditions __� Denial ORANGE COUNTY PLANNING-DEPARTMENT ,q 306F REVERE ROAD 124 HILLSBOROUGH, NORTH CAROLINA 27278 MEMOBAiJ.1 UU TO: Orange County Planning Board FROM: Orange County Planning Department SUBJECT: Turtledove Subdivision - Preliminary Plan Private Road Evaluation DATE : August 11 , 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 ) Io b ) the ts;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 125 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 Turtledove Subdivision , the Planning Department notes the following : 1 . The proposed subdivision is located off the Old Greensboro Highway (SR 1005 ) in Chapel Hill Township. Surrounding property receives access from the Old Greensboro Highway. The proposed private road is designed to restrict access to only those lots in the subdivision . It is designed to allow full public safety access and no future extension Is proposed . 2. a) The subdivision consists of five (5 ) lots . b ) The subdivision does preserve a natural area. The proposed road does minimize crossing drainage ways. c) The subdivision does abut an arterial as designated in the Orange County Land Use Plan . It is in the Rural Buffer area in the Univer- sity Lake Watershed. d) The subdivision does not join or extend an existing subdivision where the streets are private or unpaved. The subdivision does not connect with or extend an existing private or unpaved street. e ) The subdivision road if constructed to State standards would probably not be accepted by the State for maintenance due to the density based on the length of the road. RECOMMENDATIONS The evaluation of the proposed private road (Turtledove Lane ) in the Turtledove Subdivision indicates that a private road is appropriate. The road would be similar to other existing subdivision roads of this nature. The road as designed only allows access to four lots since lot f1 has an existing driveway on the Old Greensboro Highway. - 12€ The subdivision satisfies three of the five conditions in item 2 : ( 1 ) the subdivision consists of less than ten ( 10 ) lots; (2 ) the subdivision preserves a natural area ; and (3 ) the subdivision road, even if constructed to state standards would not be accepted by the state due to density. Based on this evaluation, the Staff recommends that the proposed subdivision road be approved as a private road. � 1 �W .s. ?� 1 7L• /qtr ay w,...w'•iv STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN March 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 106 East Margaret Lane Hillsborough, NC 27278 Subject: Turtledove Subdivision Off SR 1005 (Old Greensboro Highway) Dear Mr. Kirk: After review of the subject plans, I foresee no sight distance problems. Please submit a driveway permit with drainage and vertical alignment plans for final approval. Refer to attach- ment for entrance grades required. If there are any questions, please advise. Yours very truly, J M. Mills 'ISTRICT ENGINEER JMM/SPI:jbh Atta. An Eoual Opportunity/Affirmative Action Employer • 12.8 �,. VAR. g'--p" • 6'-O" '_0• PAVEMENT WI DT H SHOULDER Y4 I DTH eft.. I ' I/4i FT. r or e�C 1/ PER. i-i. I r o +9 a:• • 1 p' 2� D B. SIB OJ LDER SECTI ON FIGURE 5 DRIVEWAY TURNOUT GRADES _29— • • 4 • • • 129 ,r, Mrangt CCountri Errrreirnlanh Parks Urpartmrnt 3DC west Tryon Street HILLSBOROUGH. N C 27278 Life.Be In it. Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, Planner FROM: Mary Anne Black`7",ry3 DATE: April 15, 1987 RE: Courtesy Review -- Turtledove Subdivision Upon review of the preliminary plan for the proposed Turtledove Subdivision I see only one element warranting comment from a recreation and park perspective; namely, the requirement of dedication of land for public recreation purposes. The area indicated on the plan is suitably located and I would recommend that the county accept the parcel designated for dedication. I will offer these staff comments to the Orange County Recreation and Parks Advisory Council at their May 5th monthly meeting. I will forward to you any additional comment, if any, they may have. MAB/pbl Hillsborough, 732-9361 • Durham, 688-7333 • Chapel Hill, 968-4501 • Mebane, 227-2032 Area Code 919 i1' -+t F. 130 I . ~ - ' wt M April 2, 1987 Eddie Kirk Orange County Planning Department 106 E. Margaret Lane Hillsborough , NC 27278 RE: Turtledove Subdivision Courtesy Review Dear Mr. Kirk: If this subdivision were located within the Carrboro planning jurisdiction it would probably be zoned R-40. Under the current cluster ordinance, minimum lot size requirements are 20,000 sq. ft. per dwelling unit. Designated open space would also be required. Please find attached a copy of the Carrboro Land Use Ordinance pertaining to cluster developments and open space require- ments. Any road which would serve more than three lots would be required to be paved. Buffer area ordinance requirements would also be applicable (copy attached) . If you need further assistance with this review, please call . • =1.Y. P Amy Pa r Development Coordinator AMP:sgm ORANGE COUNTY PL�ti`N L1 G DEPARTMENT mLLSBORdtnH - NORTH CAROLINA 131 222 : , 1V MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Turtledove Subdivision Stormwater Management Plan DATE : July 29 , 1987 This subdivision meets the Ordinance requirements by dividing large lots, limiting the amount of impervious surface on each lot, retaining a buffer of vegetation on the perimeter of each lot to filter and absorb runoff , and grassed swales along the new gravel road . VA3J4A45i/(4:41 Lmj IF V' b . J . D. Terry - Preliminary _ (Little River Township) 132 Presentation by Eddie Kirk. This agenda item is for the consideration of the Preliminary Plan for J . D. Terry Subdivision . The property is located in Little River Township on Green Riley Road ( SR 1579 ) . It is a 4.02 acre tract. The developer is proposing to create one ( 1 ) additional lot by dividing the tract. One lot would be 2. 04 acres and the other lot would be 1 . 99 acres. Both lots would have State road frontage . All applicable agencies have reviewed and commented on the application . The Planning Staff does not recommend that a common drive be required of this subdivision. This is consistent with the proposed Ordinance amendment that common drives be required on arterial and collector roads. Green Riley Road is neither an arterial nor a collector. The Planning Staff recommends approval . MOTION: Best moved approval . Seconded by Kramer. VOTE : 7 in favor. 1 abstained (Yuhasz - due to personal conflict of interest) . c. Turtledove - Preliminary (Chapel Hill Township ) Presentation by Eddie Kirk. This agenda item is for consideration of the Preliminary Plan for Turtledove Subdivision. The property is located in Chapel Hill Township on Old Greensboro Highway (SR 1005 ) . It is a 13.85 acre tract with 5 lots proposed. The average lot size is 2.31 acres excluding the right-of-way. The developer is proposing a private Class B road (Turtledove Lane ) . The property is zoned Rural Buffer and designated PW- II in the Land Use Plan. All applicable agencies have reviewed and commented on the application. Carrboro's comments are based on an earlier submission; i .e. , a cluster subdivision of six (6 ) lots. The Planning Department found the proposal unsuitable and recommended a reduction in the number of lots. The developer deleted one ( 1 ) lot and submitted a conventional subdivision for approval . Even though the subdivision is not being considered as a cluster development, the required minimum open space ( for greenway ) is being dedicated along Phil 's . Creek . r Orange County 's buffer requirements have been met. 133 Based on the NCDOT standard of two (2 ) houses per 1/ 10th of a mile (528 feet) , the existence of five (5 ) houses on Turtledove Lane ( 1160 feet) would be needed to meet NCDOT standards. Although five (5 ) lots are proposed, one lot is occupied by an existing house with access to S. R. 1005. Thus, the street may not be accepted for maintenance by NCDOT. Although the developer has indicated that access to Turtledove Lane would be restricted to lots located thereon, a 112 acre tract is located to the west of the proposed private road. A condition should be included which permits access to Turtledove Lane in the event the adjoining property is developed . Such a condition would prevent double frontage lots from occurring. The Planning Staff recommends approval subject to the following condition : 1 . Include in the Road Maintenance Agreement a provision which would permit the property to the west to have access to the proposed Turtledove Lane, which would require upgrading of the proposed Turtledove Lane to public road standards if the property to the west is subdivided and accesses Turtledove Lane and which would require upgrading of the proposed Turtledove Lane to public road standards if any parcel within Turtledove Subdivision and served by the road is further subdivided. Pilkey asked how much land alongside Turtle Dove has not yet been developed. Kirk responded a 112 acre tract. She continued asking if it is in University Lake Watershed. Kirk responded yes. Sandy Worth, developer, noted that this subdivision contained rural lots, dedicated public area, walking easement and jogging trails. Jacobs asked the developer why the plan changed from a cluster subdvision . Mr. Worth indicated there was some problem with perk sites and the Staff recommended a reduction in lots. Thus, a six (6 ) cluster became a five (5) lot conventional subdivision. Lewis stated that a private road would absorb more water than a paved road and thus result in less runoff to Phil 's Creek. Concern was expressed with Turtle Dove Lane being the only access to a 112- acre undeveloped tract. Collins responded that his concern was with a series of either public or private roads serving only one subdivision . MOTION : u134 Lewis moved approval . Seconded by Eddleman. Best expressed the concern that the Board should be consistent and require a public road. Best noted that access should be road was to be a private, unpaved road. Heed if the to be concerned with the possible future development of the 112 acre tract. VOTE : 5 in favor. 3 opposed (Kramer - until specific standards are in place, the spirit of the attorney ' s recommendation should be followed, Best and Jacobs - both felt the road should be a public road ) . Yuhasz noted that he felt the economc and question should be addressed in publiiciforum. political d. Blackwood Forest - Final ( Chapel Hill Township ) Presentation by Emily Crudup. This agenda item is for consideration of the Final Plat for Blackwood Forest Subdivision . The property is located in Chapel Hill Townshi on t north side of Mt. Sinai Road (SR 1718) a p p by 1/4 mile east of N. C. 86. The tract is borderedeon the north by the Southern Railroad. proposed out of 30. 75 There are 13 lots proposed ed out acres. The average lot size is The property is located in the Joint Planning Area and is designated Rural Buffer on the Land Use Plan and Zoning Atlas. The subdivision will be served by Hathaway Lane, a proposed public road. All applicable agencies have reviewed and commented on the application . The Town of Chapel Hill has raised concerns regarding a stub-out to the eastern line and additional right-of-way for Mt. Sinai Road. The Orange County Planning Department addressed these concerns during development review as follows : ( 1 ) Service to the property east of Blackwood Forest would best be provided by a road paralleling the long axis of the tract. perpendicular to the common A s, would not efficiently serve all of the would (2) Mt. Sinai Road (existing 60-foot right-of-way ) is presently classified as a collector road (70-foot right-of-way standard ) . provided one-half (5 The applicant has right-of-way ( 10 feet) needed. °f the additional The Recreation and Parks Department has recommended a 135 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date _aeUtemliac_$L_12$2_ Action nda Item _ SUBJECT: Z-2-87 WILDWOOD SECTION IV - REZONING REQUEST ACTION BY: No time limit for consideration. DEPARTMENT: PLANNING PUBLIC HEARING ___Yes _X__ No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Application Agency Comments Planning Staff Report Brunssen Letter of 5/27/87 Town of Hillsborough Recommendation NCDOT Traffic Accident Data Report - Wildwood Drainage Problems Report - Homeowners Association Concerns 5/26/87, 6/ 1/87 and 6/16/87 Public Hearing Minutes 8/ 17/87 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. This item was presented at public hearing on May 26, June 1 , and June 16, 1987. BACKGROUND: Wildwood Corporation of Hillsborough has requested rezoning of 28.80 acres or 1 ,254,528 square feet of land. The property is located west of the present Wildwood Subdivision off N. C. 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan. The present zoning of the property is Residential -2 (R-2) . The applicant is requesting that the zoning classification be changed to Residential-4 (R-4) . A similar request (R-1 to R-4) was made by the applicant in November, 1985. In response to a Town of Hillsborough recommendation (either R-2 or R-3 ) , topographic constraints and traffic concerns, the Board of Commissioners approved changing the zoning designation from R-1 to R-2. Development of the tract will have impacts on water and sewer facilities, and the ability of streets to handle °I� projected traffic volumes. These impacts as well as others + were Identified and discussed in a Planning Staff report presented on June 1 , 1987. At its June 8, 1987 meeting, the Hillsborough Town Board considered the Wildwood rezoning request and recommended approval of an R-3 zoning classification with the understanding that a cluster development approach would be used to compensate for terrain problems; i .e. , steep slopes. NCDOT traffic accident data indicates that 18 accidents occurred between January 1 , 1984 and March 31 , 1987 on N.C. Highway 86 between SR 1710 (Old N.C. 10 ) and a point one mile south of SR 1710. Two accidents occurred in the vicinity of Wildwood entrances. Accident 16 occurred in 1987 approximately 0. 4 miles south of the John Breckenridge Drive/N.C. Highway 86 intersection . Accident 17 occurred in 1984 approximately 0.6 miles north of that intersection . Both accidents occurred in snowy/ icy conditions. Discussions with the President of the Wildwood Homeowners Association have indicated two concerns : ( 1 ) lack of responsiveness by the developer to resident concerns; and (2 ) favoring transfer of the recreation area to a public agency for operation and maintenance. Drainage problems in Wildwood Subdivision are concentrated along sewer and drainage easements, and in low- lying areas. Given the extent of the problems, a more detailed evaluation is needed by a registered engineer. An approved stormwater management plan is also needed, as well as construction of improvements required to correct existing and future drainage problems. The County 's consulting engineer, Hazen & Sawyer, submitted a proposal for preparation of the stormwater management plan. The Board of Commissioners approved the proposal at its August 18, 1987 meeting, subject to the submission of a letter by the developer that he would be responsible for the cost of the drainage study and required improvements. At its August 17, 1987 meeting, the Orange County Planning Board recommended that the request be denied. The Planning Board felt that there were no changed conditions in the area which would justify the rezoning of the property to allow higher densities. RECOMMENDATION : The Manager recommends denial of the request for rezoning of the property from R-2 to R-3 as recommended by the Planning Board. Am "�� 13 r . APPLICANT: WILOWOOD CORPORATION — -- —s -'—_ WP: Ten Year Transition - - _ Current Zoning; Residential-2 -- _ Proposed Zoning: — fso ••- ._ 0: Residential-4 Scale: 1" _ .400' • ✓ 334 �•. - �prE ',IA; —' - 1 !n 37.37 AC • 0$ • Rui.l • ; Isar= \ \ i ells 7 ,, - ''- --._ -' '•. �' w I 1 c1-::rte - �4��r // \7l7s_ 454 �.' _• h fqN \ Aar., \, .. 7575 \ `r3 e2 X: -0 55 A:- °G w=S 1.17AG' 1081 '•C `r'► I �.. I-, 9052. I • was- ,5sys 1�A 1 • � ' '6"C AO �,.T,, 4�L MOb 11 R t. - •••611111C04 -� �� ` • �^�^I AC.CAL. - + 11 N1 + ZO � `�j `-n ,_.-/ : 1 '--,'- \ 4r! \ ' %■ L.• 4� .-..-`_ - E uaisyy �.r SEE. I MAP 4`JO 1 I ; ; `C ! *IIM ...v.-.. s• ■AG/- i Sec it .! !✓GRA,QOM. •.O�t�.r5.S£;.`3, -. ---------.......... •yam , • .•? 7 �! -I • — • : 3a� .. I 1 1311ac: e. '� / •• _. r — --fry 1 1'4 4MXj! �— Yrpl A: �r5. �� 2 Ate. • 2 • SEE NAP ' eer ./ sEE ■ . MAP 45$— 186 _ -_ µ_` 1 Au 1 C I�'fi l 1521. ! .UoAM curs. ! •_r: •.,�.' j i rlLDncOD 1" / Z 1. :cC.rl !�. AC aC'I• 25 f AC. / ,,, 1 _ 285.,6 a?E 45k << —.. 1 - . • 1 jOWQ@ — 1•.s ti-rl Mtn z�.. ::+. 1 !f EC-j r��M' ;Z 2'r.. �• 1 . -, •s �� a! •r 1 ! __ 7 ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT 1'0 138 • Date: /4one-A I), •I R7 TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The property is Located on the Wert _ side of S .R.# N.C.86 Street/Road) between S-r c,# I-85 and S•R•#023 It is known as Lotls) 41:6 , Block , of Orange County .Tax Mep -415- — NU-.L4-6onough Township . It has a frontage of feet and a depth of feet , and contains square feet or ARM acres . 5.. It is desired and requested that the foregoing property be rezoned from ?-2 to 7?-4 • 2_- The .-fo l L.owi ng information has been _attached ..,.i.n.-_ .support of the application for changing the Zoning Atlas I* — required on .ell applications] . ee. A fully dimensioned map at a scale of not lass than one 113 inch equals equals one—hundred 1100) feat nor more then one 113 inch equate twenty" t201 --'feet"-..showing--the land which is proposed to be rezoned. *b. A legal description of the land proposed to be rezoned. *c. A statement of Justification addressing one or more of the following: [1] The alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a detailed explanation of such in the Zoning Atlas and detailed -reasons how the proposed amendment will correct the error. [2) The changed or changing conditions, if any, in the area or in the County generally, which tasks the proposed amendment reasonably necessary to the promotion of the public health, safety end general welfare. *[e] The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. *[4] All other circumstances, factors and reasons which the applicant offers in support of the proposed amendment including, but not Limited to, documentation from service agencies (e.g. fire, police, rescue end utilities agencies] assuring services provision capability to the development. d. A List of all individuals, firms or corporations owning property adjoining or within five hundred [500) feet of the property s ught for r ing is attached. The list is current as of [Gate) certify that all information furnished in this application is accurate to the best of my knowledge. OjApp L i cant (s) : U�Lwood Copo �Lon o f Ni-L La6ci&o,. A te. f P s` (Ale-Alt) Address : %.n.ROY 7K5,/-01 A11e. A,AIC-27278 /ilia nJ I 11211- - Phone 9/9-732-236f REZONING REQURST CHECKLIST OWNCI r S NAME NUc(wvod G4ortatt,alt 01-A �604,2g ILAUUttESS f.O.Dvx 765, 11 r 11,4bnrtvualr, Ninth Carta�ina 2727c� Current zoning 1?-2 Total number of acre4 ��5:_8U Current land use Undevelo�ed W�,c�dP,l Tyne of rezoning Ycyuested /7-11 Proposed land use Stn P- TrnrUY /7e4cdentca.l Tax mop A_ �S Block A ?lumber of lots 11(f26 '.proposed Water Supplyr rublia_ x _Community Individual Proposed Sewage Treetmentt Public ;X Community. Individual septic tank Access onto state toed N,C.46 Average daily trnf fie'count on the state road Describe existing critical nreast l'lovd protre areas None Poorly drained areas Nonr Streams Other sensitive areas None .Describe land uses In t General Aren ?e-ttdvt 01 htngje_-Iamity undevelv�ed woo dPd Ad J acent parcels of lnnd NOg(A-dsvplUnerl JOU(I1 Aide velope �-1 } �: �j► 40 PROJECT OVERVIEW I�ild1wood is a single-famil y subdivision located off New N.C.86, south of Interstate 85, just outside of Hillsborough. The idea of Wildwood was conceived by the Wildwood Corporation of Hillsborough in late 1982 and development of Section I was started in the Spring of 1983. The construction of homes in Sections I and II is now nearing completion. Section III, which is the property between the Oakdale Drive Extension and the Railroad is currently zoned R-4 and is scheduled for single family homes similar to those in Sections I and II. This request is for a rezoning from R.2 and R-4 of the remaining 28.80 acres owned by Wildwood Corporation. This acreage, to be known as Section IV of Wildwood is anticipated to be developed with homes in the $70-80,000 bracket. Section IV will complete the Wildwood subdivision. ACCESS Vehicular access to the subdivision will be from an arterial street (N.C.86), as designated by the Land Use Plan. In addition, a right of way for the proposed Oakdale Drive Extension, (a collector street) has been dedicated within this ect ro ' P J UTILITIES Water and sewer lines are in place in the completed sections of Wildwood. As a part of the land development approval process, detailed plans will be submitted to the Town of Hillsborough for approval of public water and sewer line extensions. LAND USE PLAN This property is located within a 10 year transition area, as shown on the Oran County Land Use Plan, and as such, has been identified as appropriate Orange Density Residential Development, with provision of the necessary for cilitm y public facilities . PROPOSED USE The proposed R-4 rezoning request for single-family homes served by municipal water and sewer facilities will provide community housing convenient to major transportation corridors and employment centers. This residential use will be • • _2- PROPOSED USE (continued) Compatible with surrounding residential and rural land uses. A r continuation of the Wildwood subdivision is permitted within the Land Use Plan Land U , n .1 d an. LOCATION The 28.80 acres of property requested for rezoning is located west south of I-85. The close proximity of 1-85 and N.C.86 offers convenient nt a N.C.86 and transportation to employment centers and service areas. Wildwood Subdivision aio safe is located one-quarter of a mile south of a bdivision commercial-industrial node on N.C.86 as designated by the Land Use Plan. TRAFFIC CONSIDERATIONS • The site has access to N.C.86 via John Breckenrid a Drive (via Oakdale Drive Extension) . Left g e and Walter Clark Drive turn lanes were added at the applicant's expense on N.C.86 at the intersection of N.C.86 and John Breckenri N.C.86 and Walter Clark Drive to handle the increased traffic. aff Dr to and c• Tr within the project will be on public ffic flow c streets built to N.C.D.O.T. standards. PUBLIC SERVICES All public services are available or will be made availabl is served by a 12" water line and an 8" e to the site. Wildwood accordance with the Town of Hillsborout' swer line. hs These will be extended in - extension of these water and sewer lines will and specifications. The but may also not only serve this development, provide services to portions of abutting property on the west side of the development. ZONING Wildwood Section IV is now zoned R-2. The proposed R-4 zoning will provide a logical expansion of the existing subdivision by taking advantage of existing or extended public water and sewer lines, 14! -3- Lying and being in Hillsborough Township, Orange County, North Carolina consisting of 18.80 acres as shown on the plat prepared by ENT Land Surveys, Inc. , and more particularly described as follows: BEGINNING at a point (said point being the southeast corner of that property conveyed to Wildwood Corporation Hillsborough, Inc. , by Mary Ruth Woods) and running thence North 86° 43' 30" of West 658.14 feet to a point; thence North 01° 12' 25" East 249.86 feet to a point; thence North 02 °17' 55" East 1966.73 feet to a point in the southern right-of- way line of Oakdale Drive Extension; thence with the southern right-of-wa y line of Oakdale Drive Extension South 67° 24' 25" East 437.75 feet to a point; thence South 10° 18' 23" East 1098.84 feet to a point; thence South 01° 34' 51" West 1004.52 feet to the point and place of the Beginning. - T• . 144 HILLSBOROUGH 203 S CHURTON STREET P.O. BOX 30 FIRE DEPARTMENT HILLSBOROUGH, NC 27278 ESTABLISHED 1937 April 6, 1987 Mr. Lanny Freeland Apple Creek Realty Daniel Boone Village Hillsborough, N. C. 27278 Dear Mr. Freeland, In response to your request, this is to advise you that the Hillsborough is adequetely equiped and staffed to provide our usual level of fire protection to Section IV of the Wildwood development. As the largest and busiest suburban fire department in Orange County, we will have no problems providing service to this expansion of Wildwood. I hope that this letter will serve your purposes. If not, please feel free to call on me at any time. Sincere y, eill I Mark Gordon, Chief TELEPHONE (919)732-7911 EMERGENCIES 911 144 Mayor Town of Eillaborou Frank H. Sheffield, Jr. Town Clerk HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Water er Works Commissioners Supt. Water Works Myron L. Martin James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd 1r4;-14 r L.D. Wagoner Remus J. Smith Rachel H. Stevens Chief of Police r'=.0 Arnold W. Hamlett Fire Chief Ps�,p� John Forrest April 1, 1987 Orange County Planning Department Orange County Courthouse Hillsborough, N. C. 27278 Dear Sir: This is to state that water and sewer utilities are available to the proposed Wildwood Section IV. The utilities presently serves the existing sections of Wildwood and would be extended to serve Section IV. This extension would be to Town and State specifications. Sincerely, Agath Johnson, Town Clerk • ORANGE COUNTY HILLSBOROUGH ' - 145 NORTH CAROLINA 27278 EMERGENCY SERVICES 106 EAST MARGARET LANE Established 1752 April 2, 1987 Wildwood Corporation of Hillsborough, Inc. P. O. Box 765 Hillsborough, N. C. 27278 Gentlemen: Per your request, this is to confirm that Orange County Emergency Medical Services will provide medical and rescue services to Wildwood Section 4. We understand that this development is located in Orange County. Sincerely, ORANGE COUNTY EMERGENCY MEDICAL SERVICES Jeanette Smith, Supervisor JS:j • . . 0 C S -. 14 • al i,:range County *floats 200 EAST KING STREET HILLSBOROUGH, NORTH CAROLINA 27278 OFFICE OF THE SUPERINTENDENT (919) 732-8126 May 4, 1987 Mr. Eddie Kirk, Planner Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Mr. Kirk, This letter is in response to your request for comments concerning the general rezoning request from the Wildwood Corporation for the 28.8 acres located west of the Wildwood Subdivision, Sections 1-3. This particular parcel of land is currently in the Grady A. Brown Elementary School zone. We currently have a buidling capacity of 676 students. We have five mobile units located on the school site and we are currently serving an average daily membership of 758 students. We appreciate your willingness to take this information into account as you decide on this rezoning request. Please call on me if I can answer any additional questions. Sincerely, - y .,1 Ira R. Trollinger Assistant Superintendent for Instructional Services IRT/kd LINDY PENDERGRASS Sheriff of Orange County Hillsborough, North Cariihna,„17148 Office Phone: Hillsborough 732-2431 • Chapel Hill 942-6300 -� Residence Phone: 929-5535 TO: ORANGE COUNTY PLANNING �• CANNING DEPAR T (ick It FROM: SHERIFF LINDY PENDERGRASS DATE: APRIL 16, 1987 RE: WILDWOOD SUB-DIVISION LAW ENFORCEMENT SERVICES For the Fiscal Year 1986, the Orange County Sheriff's Department responded calls for service countywide. County planning ded to 1,7022 45,000 persons listed within the county. Basedponuthesenfig figures the ratio for service countywide is .38 per y� gores the ratio of calls for ervic and countywide person. Countywide the Sheriff's Department served Papers for a ratio of .21 papers per person countywide. The proposed Wildwood Subdivision would be adjacent to areas that generates service in 1986. The proposed expansion would have 71 units, thisrincreasi calls Population of this area by an estimate of 163 calls for service would be increased and increasing the paper service by 31�. d by Overall impact would be for 71.9 manhours to the heriff's De a Service may be p rtment. provided, however this a ddition'combined with other e xpansions could cause the need for additional manpower to maintain current service levels. ORANGE COUNTY PLANNING DEp ART. A ` r 3(06F REVERE ROAD EtiT 14�' HiLLSBOROUGH, NORTH CAROLINA 272,8 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: MAY 12, 1987 SUBJECT: Z-2-87 WILDWOOD SECTION IV GENERAL INFORMATION APPLICANTS : Wildwood Corporation of Hillsborough P. 0. Box 765 Hillsborough, NC 27278 LOCATION: Located west of NC 86 west of and contiguous to Wildwood Subdivision Sections 1 , 2 and 3 and south of the Southern Railroad right-of way in Hillsborough Township REQUESTED ACTION: Approval of Residential -4 Rezonin Request . 9 PURPOSE: To allow for development of single-family housing lots containing a minimum of 10, 000 square feet. LOT SIZE: 28 . 80 or 383, 328 square feet. EXISTING LAND USE: Vacant wooded tract • SURROUNDING LAND USE: NORTH - Southern Railroad Right-of-way EAST - Wildwood Subdivision Sections 1 , 2 and 3 SOUTH - Wildwood Subdivision undeveloped, wooded land Section 1 and WEST - Undeveloped, wooded land LAND USE PLAN: Designated Ten Year Transition Area in the Land Use Plan ZONING: The property is zoned Residential -2. The Ten Year Transition Area plan category allows a range of residential zoning districts from P-1 to R-13 . ORANGE COUNTY PLANNI C DEPARTME\T 3U6F REVERE ROAD 11 HILLSBOROL GH, NORTH CAROLINA 2'278 14� O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8705-704 TO: Planning Board FROM: Eddie Kirk SUBJECT: Zoning History of Wildwood DATE: May 20, 1987 Zone Date of Action Section Requested Acreage Action by BOCC M' i I dwood Sec. 1 R-4 9 . 93 Approved 3-7-83 During the discussion concerns were raised about the capa- city of schools and the water and sewer availability. The Planning Board recommended approval of the rezoning to R-4. I+l t I dwood Sec. 2 R-5 35 . 11 Approved 8-1 -83 During the discussion concerns were raised about the capacity of schools, density of units, water and sewer capacity, and widening of N. C. 86 . The Planning Board recommended approval of the rezoning to R-5. h' tldwaod Sec. 3 R-4 12.97 Approved 1 -7-85 During the discussion concerns were raised about the setbacks along railroad and density of units. recommended approval of the rezoning to R-4The Planning Board k' tldwood Sec. 4 R-4 28. 80 Approved R-2 1 -6-86 During the discussion concerns were raised about the high volume of traffic, extension of Occoneechee Planned Develop- ment with its water and traffic impacts, water and sewer limitations and possible annexation in near future. these concerns the Planning Board recommended a al of an PProva of a R-2 rezoning instead of the R-4 requested. n 150 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLIN1S, PLANNING DIRECTOR DATE: MAY 22, 1987 SUBJECT: WILDWOOD SECTION IV - DEVELOPMENT IMPACTS DEk!S I TY CONSIDERATIONS The current zoning designation for the proposed Section IV of Wlldwood Subdivision is R-2 . Discounting 15% of the land area for streets and 5 . 6% for required recreation space, the maximum number of dwelling units which could be developed ( @ 20, 000 sq . ft. /unit) is 49 . If rezoned to an R-3 designation with a minimum required lot area of 15, 000 sq . ft. and a recreation space ratio of 7 . 4%, 65 units could be developed. Finally, if rezoned to an R-4 designation as requested, with a 10, 000 sq . ft. lot area requirement and 11 . 1% recreation space ratio, 92 units could be developed . The resulting densities under different development scenarios would be 1 .7 units/acre @ R-2, 2.3 units/acre @ R-3 and 3. 2 units/acre @ R-4 . PUBLIC WATER AND S.EWER SERVICE The Town of Hillsborough water and sewer system currently serves Wildwood Subdivision Section 1- III . Water is supplied through a 12- inch main extending from existing sections of the subdivision back to the city-wide system at U. S . 70 Business . ( See accompanying map . ) Additional mains would be extended into the proposed Section IV in accordance with Town of Hillsborough water extension policies. Sewage from the proposed Section IV would be collected from new sewer mains by an 8- inch gravity line extending along the eastern property line. The sewage would empty into the Wildwood pumping station, south of the Southern Railroad, where It would be pumped by a 7 .3 duplex station through a fl- inch force main to U. S. 70 Business . The 6- inch line reduces to a 3- inch force main at that point, extending all the way to the wastewater treatment plant. ( See accompanying map. ) The 3- inch force main as well as the Wildwood pumping station are limiting factors in determining sewage transport capacity from the area. The Wildwood pump station has an average excess capacity of 14,725 GPD. The calculation of excess capacity included an ultimate build-out in Wildwood of 250 units and a proposed 60-unit motel at the I-85/N. 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C~ "`'-sue .4, .— ,��, /.. •- --.--,-_LF-E-)r)8,0..., h /,-__„,j\--' ,lv,......-:-..-,r---, .. .‘_ ,, L,.. ....._.Li- c,„ ,..,-,•••—, ,3, ,,,:\...._. .;_,/, ,,C...../N.: r :-....:.--- - c.:.;,..r..........:■____yr----Th%.:77, •'.---) .\-1./2, , r"',..,....,'". .,, A , (cy ,_ .:,- .,_,---t, , in_____4,-- . •••---/N _ ? - , .(. • fl':).)fj ' • %)t L'-'.-C2i. ......."----;-'- : 4:12, -1 /..--2'--):-)/?.2S) .1 - 4 0.,......j\..40!„..,,--- ‘-I.” ‘ (i 4 '‘,.,y,,.,..5 % 0 ) ,.■r- r‘%::ITIJ. -P. s-:."--..'"- "----(-1 '--' i r\-,._-?) _..--(7.----3 , c_iii vv.. c...: ......„- , .‘-.3 - . l' #.----- „))... ,Lcs ,\-7(---- ..,,,,,„ .. , .—7 ' , o j. 0 0 V.7:;11\..... -..,-;,...- ,Z,N A fv()S7) \ ...").' il" ,.........11' - i \-4 C:.;gle ".--ej:"---, T.‘-‘... . '"' cri _.>") )),-..)ik` 7 11,e), iire---r" . A\*L----' ,, , ,_57:4 .. . ??4, )1 .-----.. .: .f."1-71,..( ----rr--N-_ ,--- .''; ." _ . ....--..--.1.ri■...:(- •-•---- .,--„,...„ 3 -- _--, ,N, __,,,Ji-- ,\_, ,..,,t,,,--,-, . .( --sci.„-„, f\ .--::..f. .-C=.2..i1.1,----7-77:',.._i -,....-,5 , . ...‘ / . r r)5 _ Pi-Lc sEWE . _ L. 4 due to recreation space and street rights-of-way. This w o ao represent an increase of 43 units above the number which could be developed under the current R-2 designation and would represent a net density of 3 , 2 units per acre. The 92 additional units plus 177 existing or proposed lots would represent a total build-out of 269 units or 19 more than included in the calculation of excess capacity of the Wildwood pump station . The 19 additional units (210 GPD/unit) would use 3, 990 GPD of the excess pump station capacity, leaving 10,735 GPD for future development in the area. An obvious implication of retaining the existing zoning designation ( R-2) or a lesser designation ( R-3) is the excess capacity in the pump station would be increased. As an example, development at R-2 densities would result in a project build-out of 226 units or 24 units less than the 250-unit projection used in calculating excess capacity. At such a density, an additional capacity of 5, 040 GPD would result, increasing the projected station capacity from 14 ,725 GPO to 19 ,765 GPD. At an R-3 density, the projected station capacity would increase from 14,725 GPO to 16, 405 GPD, based on a total build-out of 242 units . ROADS/TRAFFIC The site would be served by access to NC 86, an arterial , via John Breckenridge Road, Walter Clark Drive and the proposed Oakdale Drive Extension ( upon construction) . The 1984 traffic count for NC 86 at its intersection with SR 1710 ( Old 110) is 7000 trips per day. John Breckenridge Road and Walter Clark Drive currently serve as sub-collector roads. The addition of ninety-two (92) dwelling units utilizing both these roads for access to N. C. Highway 86 would not adversely impact the service level of either of these roads. On the following pages, traffic projections have been shown for Sections 1- III of Wildwood Subdivision, utilizing existing zoning designations and existing or projected dwelling unit counts. Projections have also been shown for the proposed Section IV under three different zoning scenarios R-2 ( existing), R-3 and R-4 ( proposed) . The projections were based on an ITE trip generation rate of 10 trips/single-family dwelling/day and are summarized below for the major sub-collector roads. John Walter Oakdale Sections Breckenridge Clark Extension 1- 1 1 1 440 (440) 1230 (820) (4 10) 1- 1 V ( I V @ R-2) 783 (783) 1377 (820) (557) 1- IV ( IV @ R-3) 895 (895) 1425 (820) (605) 1- I V ( IV @ R-4 ) 1084 ( 1084) 1506 (820) (686) RUE. : Figures In ( ) indicate traffic projections if Oakdale Drive Extension was constructed and available for use from N. C. Highway 86 through Wildwood Subdivision . t; 1>'"---*...„..... _ _ .4. ,I. hraylno D it 10 o1- o '4.1 O b II W...: o d _ft......„....\ r * t1 P - rO s a 0r r- O Q am . • • . . • • • • • • G- L.......... r,n Or-, a r i •■ II ' n-J i ti 0 oi 1**" . a -I n• •,.• II h 'Q a .„ D 1. :1 uy A`. ?). o _ 2 E 1 a 6 N"• o L X 11 /� � . , � , oar ,�- . Is e) t LIVN 11 , • q ' . Lot ¢ _., kk Y4 ! a i1 e 0 -- A„b ,%04ar-12 ..;/, . I a▪ 0 II �„-8 � 4k.„ ` .. e I ., .� 1 T to o I 0 1 0 3d 1.—___i_ / NI) 4 �w- R o4= !� v w ry ttr i>�.Ibc� TfzrFr = r qS TkzrPS _ .mss 34 3, x f '7o°/n d� X50 -rTz11� I J1`�, -rtzrPS/m� !1 = 4`{ Tizl F'� • O,x = OFD MI FYI id x . p . VZ w �p,iVE 0 IE! ' X K�•Tt6l� ��pC'Sb N (�� } yW 7 \ 79 t�c� 1- ro T21M/oJ Q Zc:)t:-L) .4 erg � � - T4O TtzrP'S � ir 11VV = zoa r k.d • fu � . . lb ? lb ti = No TV-Ire, ,rbA,, or E�CLt�t) dR1;bbLF 1 cn cn 5 csM oi= &LL Tm = S"cLu b4 NC6 w- iz- 4 zomiMG • I o ffzlt=,jvo = 9:zo T IP25F _276'mIF;57, 70q� O bD Y- re4 10 rbIPSlvu Ttc1 a� V - 34o pz 4 P5 �a1UF. to lai r--,1 c-)0 I 7q bu x Io Tt IM/ry • = Too rv-lP!5 p '• ` lb TM4 - • 11 • .m = T�P.5 W j rc • a •�i '• D Al �p tu d F 6 LL , lOT 2iPS jb �1 • • • • • Z TTZ1 = = llno X1-5 4�p -bN • _ ��. ` 106 w� R� or f .•r I 1 1 ��M -Rz I r-,5 } 9T44 +A tin Sc�M b� ALL IV-IFS _ C1Rl�Ublslf� OALVALV-) 157 General traffic-carrying capacities of streets are based on the speed limit, pavement width and desired level of service. The N. C. Department of Transportation has long employed Level of Service C, indicative of stable flow under high volume situations , with speed and maneuverability determined by traffic conditions. For a residential street with a speed limit of 35 MPH, a pavement width of 18 feet and a Level of Service C, the capacity of the street is rated at 7760 vehicles/day. As the projections above indicate, the major sub-collector streets in Wildwood Subdivision are capable of handling the traffic. Two points to note are: ( 1 ) the construction of Oakdale Drive Extension to N. C. 86 would provide relief for Walter Clark Drive; and ( 2) John Breckenridge Drive is under-utilized . Of equal importance is the ability of intersections to handle projected traffic volumes. ITE data for single-familiy residential dwellings indicates that the peak-hour trip generation rate is equivalent to one ( 1 ) trip/dwelling unit. Even at maximum development intensities ( R-4) , the intersections of John Breckenridge Road/N.C. 86 ( 117 vehicles/hour) and Walter Clark Drive/N. C. 86 ( 152 vehicles/hour) would function within a Level of Service A capacity ( 0-900 vehicles/hour) characterized by free flow, low volume, high operating speed and maneuverability . REREATION FACILJTIES Under the Land Use Intensity ( LUI ) system contained in the Zoning Ordinance, the developer would be required to provide recreation space depending upon the zoning designation of the property . Under the current zoning ( R-2) , a recreation space ratio of 5 . 6% would apply, requiring 1 . 6 acres of recreation space. For R-3 and R-4 zoning designations, the recreation space ratios are 7 . 4% and 11 . 1% , respectively . The ratios would result in 2. 1 acres of recreation space if developed at R-3 densities, and 3 .2 acres if developed at the requested R-4 density. The existing sections of Wildwood Subdivision are served by a 2. 92 acre recreation site with a playfield, picnic tables and wooded areas. Steep slope areas along the eastern property line of Section IV provide opportunities for expanding the existing Wildwood recreation area through a system of open space and pedestrian paths which link all sections of the subdivision. ( See "Topography" below. ) SCHOOLS School -age children living in the development would attend Grady Brown Elementary School , Stanback Middle School , Stanford Junior High School and Hillsborough High School . According to Mr. Ralph Compton of the Board of Education, all the schools with the exception of Orange High School are operating at capacity . Mr. Ira Trollinger, Assistant Superintendent, has further indicated that elementary school age children from the subdivision would attend Grady Brown Elementary, a school with a rated capacity of 676 students . . U1' 158 _ _ The average daily membership is 75.8 students, with the excess housed in five ( 5 ) mobile units . Based on demographic multipliers used in fiscal impact analysis and under the different zoning scenarios indentified above, the estimated school age population ( by grade distribution ) for Section IV ( assuming 2-bedroom units) would be as follows : G c_asJg 13=2 E=1 B=4 K-6 8 11 16 7-9 1 2 3 10-12 1 2 3 Total 10 15 22 PDL I CE, FIRE AND RESCUE SERVJ CEO Services to the site will be provided by the Orange County Sheriff ' s Department, Orange Rural Volunteer Fire Company and Orange Rescue Squad. Courtesy review responses have been received from the service agencies which indicate an ability to adequately serve the site. TOPOGRAPHY The topographical characteristics of the property present significant development constraints. Approximately one-third of the land area extending along the eastern property line has slopes exceeding 15% . The presence of excessive slopes indicates that a "cluster subdivision" approach is preferable in development of the site, utilizing the western portion for building lots and combining the steep slope area to the east with the existing Wildwood recreation area as open space. • -.- ii;ts.h.. •NA.2.— -..kor,... lili•, .- 6 • • -ay. 6 .z ,,,;. _ , , . y • Phil ' 16.S 4 ,..:0 .._.. .t.. .t.„.. .... rett„ -Jr__ ...:z.,.-Ii.,_.„ . .„. - -_,t- ;_:__. . ;_-_____:->:,,,",-, — : .,>...,,t.„ .....te. ....._ _ ......„.„....„ ::-____ .4.,..,..T., =: . ,... _..._,,7,-....ey.,,.....:_., 0 z z .6 , I" 2.-0.51: ;,.4. 5...."-'-- •--.:..".4111%....„ '41 156.s- 'I -.1b l'•( V:::S17.A.. ."'- -- yelr'' -- ''. '',0_,0- :-.- ,-—... . -4'- - ' ::".:11 -4-t---- ......,1 .. _.,, . ..____ii --.......13111:/!%.6 _:„..,,,...\\,..,.......":: :::‘.-:-......-,..,,, - :4. 1'1/4.1/4.i..r.. ...::: .. t',.:-.... ..;. It . 1:.• 't7 -,:i -,.."--." :-..-i--,-.7":7:::"•-• :-. 11, )11,.. • A ::::::.7.3/4 'A: . \6 I •‘I-. T g i it./\ \ \ • :. \•''•\ • l• 'Al -r . \ i . ). um ). ..,1 ...-:-: . i! V.,/, „/"/ .:. .-,:..,.....:::,. •,. . -•tg-#...17.ir .-' - - - E., -,.....-, ..--\.... _c ■ --,. ,,,._ . _ , 6,. . .. ..., , , , . .., , fr , _: :,. . ..., - : . .._ . , _ -,1,-....-:-.,1.-::: - . . __ .7, :., . _,_ . . . . 1 , . K .> -\ 1. \ . :. - :Y I i ;V: . c. FINDINGS OF THE ORANGE COUNTY PLANNING BOARD E 1 PERTAINING TO APPLICATION: t-2-6� WILD14000 SECTION IV 13ASE O ON THE APPLICATION MATERIALS. SUBMITTED, TILE PLANNING BOARD I:ECOMMENDS TIIAT THERE IS EVIDENCE TO SUPPORT TILE FOLLOWING FINDI NGS s � ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATIONIREZONIIJG ART CLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ( 'Yes" Indicates com I I ance� "No" Indicates Noncompllanc PLANNING . BOARD l FINDINGS RASED ON r Ordinance Requirements SUBMITTED APPLICATION EVIDENCE SUDIII7TED TO SUPPORT FINDINGS BOCc -----_ 1 111c zpplication must comply F1 NDI rlGs with all requirements specl- fled in Article 20 - Amend- Incnts. Those requi remeri is incl ude : 20. 31' a) Ifap sllowing affected x Yes No ilroperty at scale of not less Site Plan provided at scale of Yes tii,n I '= 100" nor more than I i"=100' T_ 20' 20. 3.2 b) Legal description of Yes No property -�-- Description provided with application Yes 20- 3.2 c) Explanation of al leged Yes No error, i f ally, to be col•rected by No error al i�ged, Yes proposed amendment' 20. 3.2 d) Changed condl t ions , I f Yes x No . { ally , wh I ch -make amendment re ason a- App 1 i cant- Indicates that site I s adjacent Y'e`s bly necessary to prono to public to property .being develoaed at R-4 and health, safety and general welfare. R-5 residential densities. 20. 3.2 e) Banner in which proposed x Yes NO arnendrient w 11 carry out purpose Applicant indicates the property is locatlEll Yes I • I _.,, I .. r I - _ , , r within a designated Ten Year Transition Aria, ARTICLE DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRi iERIA Ordinance Requl rements Article 4.2 Indentifles the criteria which will normally be used to determine titre application of a zoning -district designation. The applicant has . applied for a RESIDENTIAL [R- designation. 'lile cri feria for that district arc set forth in Article 4,2.3 and are as fo I i otgs a) Designated by the adopted Land X Yes lJo Use Flan as a Transitlon Area, Property is located within a Ten Year. Yes NO which can reasonably be expedted Transi t lon..Aree, _.- . to beannexed by a municipal i ty in the ensuing 10-20 years. bj Water and sewer lines should . Yes No exist at site or be assured of Water and sewer services are available from Yes No installation as part of the the Town of It I I Isborough via lines installed development process. to service Wildwood subdlvlslon Section 1-3, ' c) Vehicular access must consist X Yes No Site has- d i rect access to NC 86, an __Yes No o f direct access to a street Classified as either arterial arterial , via extension of John Breckenridge Drive and proposed Oakdale Drive Extension, both or collector as designated by the adopted Land Use plan. of which service or will service Wi ldwood Subdivision. BRUNSSEN w t ENGINEERING �, rs_ 27_67 ! J� SERVICES, PA ENGINEERING.PLANNING.CONSULTING r 6 CLL C. DURHAM,NC 27713 919/5 + lt59 May 27, 1987 Orange County Planning Department l:1�, F Revere Road Hillsborough , N. C. 27278 Re: Wildwood Section IV Dear Mr. Collins: Per our discussions yesterday about the request for zone change on the Wildwood Section IV, the owner of the property has no difficulty in the recommendation of the planning staff of a coning of R 3 for this property instead of R 4 as currently requested. The request for R 4 was based on the premise of having the ability to have smaller lot frontages. Under the ordinance it is allowed to have an R 3 cluster home layout , with this concept a pleasant neighborhood can be designed with consideration of the existing topography. The R 3 cluster arrangement would provide for a green way between the existing housing and the proposed housing. If addition information is needed , please contact me at 544- 1159. Sincerely, . —..i/c , 74// Fria- H. Brunssen Acting for the owner Wi•l dwood Corporation 1 Mayor IIIIIIIIfIisburcr ` ugfi Frank H. Sheffield, h. L _lerk Commissioners HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Johnson Myron L. Martin i me waxer graph Horace H. Johnson ames Pendergraph Allen A. Lloyd . vier,*;' Street Supt. Remus J. Smith r?y L.D. Wagoner Rachel H. Stevens ,. ! Chief of Police " '�� Arnold W. Hamlett I Fire Chief ,. � John Forrest ' . ,. 31 June 10, 1987 Marvin E. Collins Planning Department Hillsb000ugh, N. C. 27278 Dear Marvin: On June 8 , .1987 , the Hillsborough Town Board considered the the rezoning request of James Rae Freeland for Wildwood Section 4, known as tax map 4. 45. . 4 & 26. The Town Board recommended approval of the rezoning to R-3 with the understanding that a cluster development t approach could be used to compensate for the terrain If you have any questions , please contact me at 732-2104. Sincerely yours , a 7f -7 r .A..{_,___ • Janet V. Rigsbee' Planning Director 164 T07509/T0751 1 N. C. DEPARTMENT OF TRANSPORTATION -- FRS — RUN DATE 06/05/67 (TRAFFIC ACCIDENT 5. I+FF]:C ENGINEERING POI/STRIP ANALYSIS ) PAGE DIV 07 COUNTY ORANGE CITY NF:HR HILLS1g0ki:lUC,H TIME 01 !01 /:_ 4 lHKU 03. . . .LOCATION. . . ON NC 86 FR A POINT 1 . 0MI S SR 1710 (MP1 0.95) TO SR 1710 ( 188) REQUESTED BY : MR. EDDIE KIRK , ORANGE CO PLANNING DEPT , 1061 E .MARGARET LANE HILLSBOROUGH , N. C. 27278 P'REP'ARED BY : ., DANIEL 06-05w87 ACC MILE STATE ACCIDENT ACC ACCIDENT NO. POST NUMBER DATE TIME TYPE PROP INJURIES x�cGONDac�t F DAMAGE F A B C RD LGHT 0 1 10.86 023726 2/23/84 0830 RAN OFF ROAD — RIGHT $1000 WET VEHI =PASS DVR—SOB=HNB SPEED=055 DIR S MANEUVER=SLOWIING OR STOF'PINGDAY T ' 10.98 154273 12/04/84 0830 LEFT TURN—SAME ROAD $3150 VEH1 =TK2A DVR—SOB=HNB SPEED=035 DIR=S MANEUVER=MAKING LEFT TURN DAY Ili VEH2=PASS DVR SOB=HNB SPEED=060 DIR--S MANEUVER=PASSING 3 11 .08 052355 4/25/85 1950 ANGLE VEH1 =P ASS DVR—r,OE: HNB 5F'CED=055 DIR=S $1600 DRY DARK Ni VEH2=TK2A DVR ^OB=HNEt SPEED=045 DIR=N MANEUVER= STRAIGHT AHEAD . MANEUVER=GOING STRAIGHT AHEAD 4 11 .08 135135 10/17/85 2330 RAN OFF ROAD VEHI =PASS DVR—SOB=HNB SPEED=055 DIR-S MANEUVER-GOINGO STRAIGHT AHEADARK T- 5 11 . 13 041867 3/25/87 0745 REAR—END SLOW OR STOP $1200 1 DRY VEHI =PASS DVR—SOB=HNB SPEED=003 DIR=N MANEUVER=SLOWING OR STOPPING Ni VEH2=SW DVR SOB=HNB SPEED=.015 DIR=N MANEUVER=SLOWING OR STOPPING 6 11 .28 029033 2/27/87 0830 ANGLE VEHI =PASS DVR—SOB=HNB SPEED=025 DIR=S MANEUVER=GOING$600 SNO DAY N STRAIGHT AHEAD VEH2=TK3A DVR SOB=HNB SPEED=015 DIR=N MANEUVER=GOING STRAIGHT AHEAD 7 11 .38 021581 /13/65 1240 RAN OFF ROAD — RIGHT ICY VEHI =PASS DVR—SOB-HNB SPEED=050 DIR=N MANEUVER=GOINGOSTRAIGHT AHEAD DT 8 11 .68 080413 7/01/84 1315 RAN OFF ROAD VEHI =PASS DVR—SOB=HNB SPEED=050 DIR=N MANEUVER=GOINGO I DRY DAY DT STRAIGHT AHEAD 9 11 .68 158600 11 /14/.86 1930 ANGLE VEHI =PASS DVR—SOB=HNB SPEED=050 DIR=S MANEUVER=SLOWING OR STOPPING 1 DRY . DARK NO VEH2-PASS DVR SOB=HNB SPEED=050 DIR=N MANEUVER=GOING .STRAIGHT AHEAD • 10 11 .78 061678 5/14/85 0730 SIDESWIPE VEHI=TK?A DVR—SOB=HNB SPEED=045 DIR=N ?1ANEUVE $800 DRY DAY NO VEH2=SW DVR SOB=DAI SPEED=045 DIR=S MANEUVER=GOING STRAIGHT AHEAD 11 11 .85 010260 1 /21 /85 1130 RAN OFF ROAD VEH1 =5W DVR—SOB=HNB SPEED-045 DIR=S MANEUVER=GOINGOSTRAIGHT AHEAD NO ICY 12 11 .86 117312 9/20/84 1345 LEFT TURN—CROSS TRAF VEH1 =PASS DVR—SOB=HNB SPEED=025 DIR=W MANE x$75 DRY DAY NO VEH2=TK2A DVR SOB=HNB SPEED=010 AIR=S MANEUVER=MAKING LEFT TURN 13 11 .88 140620 11 /07/84 1610 LEFT TURN—CROSS TRAF $550 1 VEHI =PASS DVR—SOP:-HNB SPEED-=.045 DIR=g DRY DAY TR: VEH2�PASS DVR SUB=HNB SPEED=00S DIR=W MANEUVER=GOING STRAIGHT AHEAD MANEUVER=MAKING LEFT TURN - 1071509/107511 N. C. DE PAR m_ NT OF 1 RPV;F•OR+-ATI ON — TRAFFIG ENS RUN DATE 06/05/87 ( TRAFFIC ACCIDENT SF•UT/SIR;F• ANALyS; S) 'j I?IV 07 C-C;UN1 Y DIANE C:I •1 Y Nr•_.,F( I 7.LL .SL:OF,:JUL,H TIME e,)1 /01 /84 1 HRU 03/ 1 / . . . LOCATION. . . ON NC 86 FR A POINT 1 . OMI S SR 1710 (MF•1 0.88) 10 SR 1710 (MP1 1 .F:p) REQUESTED BY : MR. EDDIE KIRK , ORANGE CO PLANNING DEFT , 106 E MARGARET LANE HILLSBOROUGH, N.C. 27278 PREPARED BY : S DANIEL 06-05-87 AGO MILE STATE ACCIDENT ACC ACCIDENT NO. POST NUMBER DATE TIME TYPE PROP INJURIES **COND+�+� F DAMAGE F A B C RD LGH7 0 14 11 .88 077065 6/17/85 1700 REAR—END SLOW OR STOP 2550 1 DAY VEHI=PASS DVR—•SOB=HNB SPEED=111 DIR=W MANEUVER=STOPPED IN TRAVELYLANE N VEH2=TTST DVR SOIL=HWB SPEED=005 DIR=W MANEUVER=GOING STRAIGHT AHEAD 15 11 .88 125919 9/28/C5 iE50 LEFT TURN—SAME ROAD VEHI =PASS DVR—SOB=HNB SPEED=020 DIR=S MANEUVER=MAKING LEFT TURN DAY NI VEH2=PASS DVR SOB=HNB SPEED=055 DIR=N MANEUVER=GOING STRAIGHT AHEAD 16 11 . 88 066211 5/23/86 0710 ANGLE VEH1 =PASS DVR—SDB=FINB SPEED=055 DIR=N MANEUVER= 1150 STRAIGHT AHT DAY Ni VEH2=PASS DVR SOB=HNB SPEED=010 DIR=W MANEUVER=STARTINGINROADWAYD 17 11 .90 026123 2/29/$4 1655 REAR—END SLOW OR STOP S550 DRY VEH1 =TK2A DVR—SOIL=HNB SPEED=035 DIR=S MANEUVER=SLOWING OR STOPPING NC VEH2=PASS DVR SOf:=HNB SPEED=050 DIR=S MANEUVER=GOING STRAIGHT AHEAD • 18 11 .90 034490 3/09/87 1230 ANGLE VEH1 =7K2A DVR—SOB=HNB SPEED=045 DIR=N MANEUVER=COIN&OSTRAIGHT AHEAD Ni VEH2=PASS. DVR SOB=HNB SPEED=055 DIR=S MANEUVER=GOING STRAIGHT AHEAD ' REPORT INCLUDES ACCIDENTS THAT OCCURRED WITHIN 100FT OF RTE ON INTERSECTING R • • 16E *** STRIP DIAGRAM 30000086 - ORANGE NCAR HILLSBOROUC.H INIERL:L.CliNt; F L TUR[ L.E C1DEN1E, DC-DIPP1NG raLLflosI POST ( NO. REJ- ER 10 ACCIDENT -NO ].N LISTTN: 10. RS * 10. 89 * 10. 90 * 10. 9i * 10. 92 * 10.93 * 10. 94 * 10.95 * • 10. 96 * 10.97 * 10. 98 * 2 10. 99 * 11 .00 * 11 .01 * 11 . 02 * • 11 . 03 ic 11 .04 * 11 .05 * j) 11 .06 * Fl etcher Road T) 11 .07 * 11 . 06 * 3 4 • 11 .09 * 11 . 10 * - 11 . 11 * 11 . 12 * 11 . 13 * 5 • 11 . 14 * • 11 . 15 * 11 . 16 * • 11 . 17 * ' 11 . 18 * 11 . 19 * 11 .20 * 11 .21 * 11 .22 *, • 11 .23 * 11 .24 * • 11 .25 * ii .26. * • 117 * • . _ . . 11 .22 *. '- . 6 - 1 11 .29 * • • • 11 .30 * • * . John Breckenridoe Drive 11 .2,2 * • 11 .33 * 11 .34 * • 11 .35 * • . 11 .36 * 11 .37 * 7 11 .39 * 11 .40 * 11 . 41 * 11 .42 * Ad 14 . .4.4 It r 11 . 45 * 16 i1 , * 11 . 47 * 11 . 48 * Walter Clarke Drive 11 . a9 * 11 .50 * 11 . 51 * 11 .52 * 11 .53 11 .54 * 11 .55 * 11 .56 * 11 .57 * 11 .58 * 11 .59 * 11 . 60 * 11 .61 * 11 .62 * 11 .63 * 11 . 64 * 11 .65 * 11 .66 * Workman Road J> 1i .67 it 11 .68 * 8 9 11 . 69 * 11 .70 * • 11 .71 * 11 .72 * \ 11 .73 * 11 .74 * 11 .75 * 11 .76 * 11 .77 * 11 .78 *• 10 BRIDGE (Over Railroad). 11 .79 * 11 . 80 * 11 .81 * • Lk 11 .62 * . 11 .83 * 11 .84 * 11 .85 * 11 11 .66 * 11 .E7 * 40001710(01d N.C. 10) 11 .88 * • 12 - 13 14 15 16 11 .99 * 11 .90 * 17 18 - *** END. OF T07511M REPORT *** • • 30000066 - ORANGE - NEAR HIL-L.SF Oft$UGH r 168 Nl'MI-E R. F'L R - '1 Lit L R.E Ci [['N OF ', RAVEL CLItii■AR Or- ri 1 ALLS F'c.k.(::E..N 1 ' 'F nF "F_H i'=t E s ON I<' I) li N NGR1H SOU1H EAST WEST TOTAL ACCIDENTS 18 100 . 0 35. 5 48. 4 0. 0 1 6. 1 FATAL ACCIDENTS 0 0. 0 0.0 0. 0 0. 0 0. 0 NON-FATAL INJURY ACCIDENTS 5 27.7 44 . 4 22.2 0. 0 33. 3 TOTAL INJURY ACCIDENTS _, 27. 7 44 .4 22. 2 0.0 33. 3 PROPERTY DAMAGE ONLY ACC. 13 72. 2 31 . 8 59. 1 0. 0 9. 1 NIGHT ACCIDENTS 4 22.2 50. 0 50. 0 0. 0 0.0 WET ACCIDENTS 2 11 . 1 33.3 33..3 0.0 33.3 ALCOHOL INVOLVED ACCIDENTS 1 5.5 50.0 50.0 0. 0 0. 0 *ANNUAL ADT= 4 ,500 LENGTH= 1 . 03MILES TOTAL-VEH--EXFOSURE= 5.50MILLION-VEH-MI TOTAL ACCIDENT RATE 327.27 ACC/100MVM FATAL ACCIDENT RATE 0.00 ACC/100MVM NON-FATAL INJURY ACCIDENT RATE 90.91 ACC/100MVM NIGHT ACCIDENT RATE 72.73 ACC/100MVM WET ACCIDENT RATE 36.36 ACC/100MvM EQUIVALENT PROPERTY DAMAGE RATE 2 , 789.09 ACC/100MVM SEVERITY-INDEX= 8.52 EPDO-ACC-INDEX= 153. 40 EST-PROP-DAM= 1.2162" ACCIDENT TYPE SUMMARY NO PERCENT NO PERCENT ACC ACC INJ INJ RAN OFF ROAD - RIGHT 3 .16. 7 FATAL INJURIES 0 0. 0 RAN OFF ROAD - LEFT 2 11 .1 CLASS A INJURIES 1 20. 0 REAR-END SLOW OR STOP 3 16.7 CLASS B INJURIES 2 A0. 0 LEFT TURN-SAME ROAD 2 11 . 1 CLASS C INJURIES 2 40.0 LEFT TURN-CROSS TRAF 2 44.1 . 1 TOTAL NON-FATAL INJURIES 5 100.0 SIDESWIPE i 5.6 TOTAL INJURIES 5 100. 0 ANGLE 5 27. 8 . • • • riclN1 HLY NUrfYE.R - F.E RL£NT — F-OURI_ Y NUM1:1 R- PE RC SUMMARY OF OF ,FLUt1i"1ARY OFI.6& OF ACC1DEN ) 3 10TAL•, ( ( I_ :IDE.N13 1101 , JANUARY 1 5 . 6 0000-005•? FEBRUARY 4 �2. • 0100-0159 MARCH 2 11 . 1 0200--0259 APRIL 1 5.6 0300-0359 MAY • 11 . 1 0400-0459 JUNE 1 5.6 0500-0559 JULY 1 5.6 0600-0659 • AUGUST 0700-0759 3 46 SEPTEMBER 2 11 . 1 0800-0859 3 16 OCTOBER 1 5. 6 0900-0959 NOVEMBER 11 . 1 1000-1059 DECEMBER 1 5. 6 1100-1159 1 5. 1200-1259 2 11 . 1300-1359 2 11 . DAY NUMBER PERCENT 1400-1459 OF OF 1500-1559 ACCIDENTS TOTAL 1600-1659 2 11 . MONDAY 3 16.7 1 700-1 759 1 5. TUESDAY 2 11 . 1 1800-1859 1 5 . _ T ' WEDNESDAY 4 . 22. 2 4900-15'59 2 11 .• ' THURSDAY 4 '?2.2 2000-2059 FRIDAY 3 16.7 21 00-21 59 SATURDAY . • I 5.6 2200-2259 - . .. - . SUNDAY 1 5. 6 2300-2359 NUMBER OF •ACCIDENTS s_ LIGHT . . . ROAD CONDITION. . . • - COND. DRY WET OTHER TOTAL • - DAY 10 2 _ 14 • DARK 3 0 1 4 - _ - OTHER 0 0 0 - 0 - TOTAL 13 2 3 18 i` - G - _-: :-t...... - .- - - . • 1 l FIXED OBJ EC1 S NO OF -1 ERr E N1 -' VE.H-I CL E T'YF'E NO VEH F E RCEN STegucK 17c? i_11~JE:C.TS OBJECTS INVOLVED D TOTAL PARKED \ EH1C:L.E= NU1 ; 1 A'1 L Ii BICYCLE , MOPED PA ;ENGER VLH 20 PEDESTRIAN r4 STATION WAGON 3 9 ANIMAL STATION WAGON '.TRUCK TREE 3 60. 0 COMMERCIAL BUS UTILITY POLE SCHOOL BUS NON-BREAK LUM POLE ACTIVITY BUS BREAKAWAY LUM POLE TRUCK 2 AXLES 6 i9 NON-BREAK SIGN TRUCK 3 AXLES 1 3 , BREAKAWAY SIGN TRUCK TRACTOR SEMI 1 3 COMMERCIAL SIGN TRUCK TRACTOR ONLY END SHOULD GUARDRAIL TAXICAB FAC SHOULD GUARDRAIL FARM EQUIPMENT END MEDIAN GUARDRAIL FARM TRACTOR FAC MEDIAN GURRDRAIL MOTORCYCLE END SHOULDER BARRIER MOPED FAC SHOULDER BARRIER MOTOR SCOOTER END MEDIAN BARRIER AMBULANCE FAC MEDIAN BARRIER BICYCLE END BRIDGE RAIL RECREATIONAL VEH FACE BRIDGE RAIL TRUCK CAMPER OV-HEAD OF UNDERPASS .- PEDESTRIAN PIER ON SHOULDER OTHER MOTOR VEH PIER IN MEDIAN TOTAL VEHICLES 31 100_ ABUTMENT TRAFFIC ISLAND SHLD BASIN-CULVERT MEDIAN BASIN-CULVERT • DITCH BANK - 2 40.0 - MAILBOX - FENCE OR FENCE POST CONSTRUCTION BARRIER • CRASH CUSHION OTHER OBJECT • TOTAL FIXED OBJECTS 5 100. 0 **ACCIDENT TOTALS*** • INJURY ****** ACCIDENT TYPES *****. TOT F INJ PDO - F ABC PROPERTY EPDO LEFT RT REAR RUN SIDE YEAR ACC ACC ACC ACC INJ INJ DAMAGE _ INDEX TURN TRN END OFF ANC SWP DTI 1984 6 2 4 2 1.7 ,525 87.10 3 2. 19°5 7 1 1 6 - 1 _ x7,250 25.10 1 _ 1 3 1 1 - 1986 2 -. . 1-. I _ • 1 5.3 ,300 - _` 20. 10 .. _ - - . •7 . •; 1987 3 1 .` 2 ' • - I 53 ,550 21 . 10 - 1 - TOTL 1 8 5 . 13 - 5 s21 ,625 - 153.40 4 3 5 5 1 • 171 O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 6706- 1604 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 generally poorly drained. b . Stagnant water is standing in ditches . c. Water is present under some houses . d . Lot 133 is especially wet. e. Springs are present on lots 13. 3 and 137 . f . Odor problems associated with sewer lines . g. Runoff from some lots on the west side of Judah Benjamin Court is accumulating at the rear of lots 132 and 133. h. Some lots were filled, and the creek along the drainage easement floods the rear of these lots . 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. 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 to 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 P"EMORANDUM.: 8706-1804 Drainage Problems - Wildwood Subdivision June 12, 1967 Page 2 a. The area is poorly drained . 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 . C. Springs are present on lot 17 . d . Stagnant water is standing in ditches . e. Odors problems associated with sewer lines . f . Associated pests such as mosquitos . 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: a. 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 4B. 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 problem areas. 2. 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 a i INTEROFFICE MEMORANDUM: 6706-1604 i'78 Drainaoe Problems - Wildwood Subdivision June 12, 1967 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 #1 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 . • i W r oN fir , a or h° i ti ft� ORANGE COUNTY PLANNING DEPARTMENT 3106F RE1'ERE ROAD n 1 HILL'HORO1 (;H, NORTH CAROLINA 2'271( O R A N G E C O U N T Y MEMORANDUM TO: Oranoe County Board of Commissioners FROM: Greg Szymik, Planner III ( Current Planning) SUBJECT: Wildwood Subdivision - Homeowners Association Comments DATE: June 10, 1987 i contacted Steven Mortkowitz, the President of Wildwood Homeowners Association, to discuss residents opinions about the subdivision. Specific questions were: Are there any problems in Wildwood that the Homeowners Association was concerned about; and has the Homeowners Association taken a position on whether it would consider transferring ownership of the Wildwood recreation area to a public agency. In response to the first ouestlon, Mr . Mortkowitz said that the only specific concern that the Homeowners Associa- tion had about Wildwood subdivision was the failure of the developer to deliver on promised improvements . As an example, street. lights promised to residents have not been installed. Thus, cooperation from the developer was the Homeowner Association ' s primary concern. In 'response to the question about the recreation area, Mr. Mortkowltz said that he personally favored transferring the recreation area to e. public agency and would support such a proposal to the Homeowners Association. The recreation area is presently eouipped for passive recreation use: picnic tables, access trails . The Homeowners Association found that while it could afford to install active recreation equipment such as playground equipment, it could not afford and, in fact, may not be able to obtain liability insurance. Unless that situation changes, it is unlikely that the Homeowners Association will be able to make much use of the recreation area. Transferring it to public ownership seems an attractive alternative . . . "‘Illt _ _ 1 2 1 14 '5 MINUTES 6 ORANGE COUNTY BOARD OF COMMISSIONERS 7, JUNE 1, 1987 REGULAR MEETING 8 AND 9 MAY 26, 1987 CONTINUED JOINT PUBLIC HEARING 10 11 12 The Orange County Board of Commissioners met in regular session on 13 June 1, 1987 , 7 :30 p.m. , Superior Courtroom, Hillsborough, North Carolina 14 to hold their regular meeting and to continue the Joint Public Hearing 15 16 from May 26, 1987 . t7 BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners 19 Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. 19 20 ATTORNEY PRESENT: Geoffrey Gledhill. 21 22 PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs, Planning Board 23 Members Chris Best, Peter Kramer, Mike Lewis, Betty Margison, Brenda 24 Swann, Prince Taylor and Steve Yuhasz. 25 26 STAFF PRESENT: - - County Manager Kenneth R. Thompson, Assistant Count'- 2Q ' Managers Albert Kittrell and William T. Laws, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Administrative Secretary. Joanna Bradshaw, --- Planning Director Marvin Collins, Planner Brad Torgan. . 31 A' BOARD AND MANAGERS COMMENTS 32 .. A. Chair Marshall asked that the third floor renovations be put on the 33 agenda for the July 6 meeting. She announced that the line item detail 34 will be delivered .tomorrow to the Board members. ' 35 . Commissioner Willhoit indicated he would need to leave the meeting 36 early because of an early flight. He informed the Board he would be out 37 of time from July 3 until . after the NACo Conference and asked that 39 �. ., adoption of the budget be targeted this month if possible. - Chair Marshall assured that if at all possible the budget would be 40 41 adopted June 30. . 42 B. AUDIENCE COMMENTS - - 43 - 1. MATTERS ON THE .PRIN/MD AGENDA . 44„ Chair Marshall stated that those citizens who have signed up to. 45 speak-.will be recognized -at-.the time that- item is discussed. . 46 .: ...,-._ - 2: MATTERS NOT ON THE PRINTED AGENDA ,. • .- ' 47 - !' ' - e, : ';.. ,:.:,: , . Peggy .Walker, . President of Orange Congregations in Mission (OCIM) 4 accompanied by Susan Gladin, Executive Director of OCIM distributed a 50 -Iletter- to the Commissioners and briefly detailed the situation. . She stated that a single mother with a six year old child came to OCIM today 51 .:.; for assistance. ' She has been laid off since December. and is facing 55! eviction from her apartment: She has been living with no electricity, no 3 ' lights and no water. - In two weeks she will be eligible for unemployment 5}J and food stamps. However, today this person has no food and no lights and OCIM had nothing to give this person. 56 Ms. Walker reported that ,in the first five months of 1987, . OCIM already has spent 78% of its 19 Sumaritan Relief budget which does not 557 9 include the $13 , 000 that was given for the Saratoga workers. OCIM will 60 1 11 Services for water and sewer services and that agency will not review .3 an application as a preliminary matter but only as a final plan with 4 all details presented. 5 6 Mr. Post stated that the site distance at the park entrance is 650 feet 7 to the north. He noted that the traffic count of 125 trips per day on 8 Mt. Hermon Church Road is only a 1% increase. The capacity on this 9 road is 7 , 000 - 9 , 000 vehicles per day. '0 11 Jacobs asked if there was any opportunity within the tenants ' associa- 12 tion agreement for the handling of tenants grievances. Post responded 13 that the existing agreement as written would not address such 14 grievances but noted the closing sentence of the agreement asks for and 15 ., welcomes suggestions from the tenants. 16 t7 Jacobs indicated that tenants from other mobile home parks were i8 concerned about the lack of legal mechanisms to address grievances, and 19 he would be interested to see how this would be handled in this 20 situation. 21 22 . Commissioners Halkiotis stated that in some mobile home parks which he 23 had recently visited the opportunity to address grievances is a pro- 24 blem. 25 . . 26 Commissioner Carey stated suggestions for solutions of tenant problems 7-" could come from meetings being. held with Planning Board members, mobile -'_- .._' home park owners and tenants. . He continued, asking who is responsible 29 : for the maintenance - of Phase I of Flowers Mobile Home Park. Post 30 *_:. .. .. responded , the park owner maintained the public areas and the tenants 31 ., were responsible for the areas around their mobile homes. Post 32 .. . indicated this system would continue in effect for the addition to the 33 , - ;._ park. - . 34 - . 35 ' - Trash pick-up was discussed, and Post indicated there would be 36 =- . individual trash cans at each unit and be picked up. Post indicated 37 all these items could be addressed through mobile home park 38 regulations. 39 . . - 40 Motion was made by Commissioner Hartwell, seconded by Commissioner 41 ' . Carey to refer the application to the Planning Board for 42 ._ _. recommendation.- The recommendation is to be presented to the Board of 43 : . : = Commissioners on July 6, 1987. 4�OTE:` - -UNANIMOUS - .. :. - - • 46 : _ 47 _ 48 - 49 _ . 50 3 . ZONING ATLAS AMENDMENTS - - Z-2-87 WILDWOOD - SECTION TV 51 52 - . Marvin Collins made the staff presentation. 5& )+ This agenda item is to receive citizen comment on a proposed request 55 by Wildwood Corporation to amend the Orange County Zoning Atlas. 56 57 Collins displayed a map showing the entire Wildwood project. 58 59 i 12 ` Wildwood Corporation of Hillsborough has requested rezoning of 28. 80 4 acres or 1, 254 ,528 square feet of land. The property is located west of the present Wildwood Subdivision off NC 86 in Hillsborough Township. 5 6 The property is designated Ten Year Transition in the Land Use Plan. 8 The present zoning of the property is Residential-2 (R-2) . The applicant 9 is requesting that the zoning classification be changed to Residential-4 :0 (R-4) * >> A similar request (R-1 to R-4) was made by the applicant in November, 12 1985. In response to a Town of Hillsborough recommendation (either R-2 or �� R-3) , topographic constraints and traffic concerns, the Board of 15 Commissioners approved changing the zoning designation from R-1 to R-2 . i6 Development of the tract will have impacts on water and sewer i7 facilities, and the ability of streets to handle projected traffic volumes. 18 19 The Planning Staff recommends rezoning of the property from R-2 to R-3 20 for the following reasons: 21 22 1, . Projected pump station capacities permit additional units to be �3 developed. 24 2. The change from R-2 to R-3 is consistent with a "step-down" �5 approach to zoning in the area, with higher densities near NC 86 26 • and lower densities further removed. 2 ,) w:3 • Streets within . Wildwood Subdivision are capable of handling . 28 additional traffic. - . 30 The Planning Staff further recommends continuation of the public 31 hearing ' until : the Board of Commissioners June 16, 1987 meeting at which 32 time the recommendation of the Town of Hillsborough may be entered into- the 33 record. 34 3F Planning Board member Best asked what the Planning Staff' s 36 recommendation was when the applicant requested a rezoning to R-4 in 37 November 1985. Collins . responded that Staff had recommended the change tc 38 R-4. . There was a considerable amount of land between the Wildwood tract 39 and Old NC 86 and if the "step-down" in zoning density that occurred was 4° too immediate, there would be a sizable land area midway between Old 86 and New 86 in a low density area that would probably be served by_ Tawn of 42 Hillsborough water and sewer in the future. The recommended zoning_ at that 43 time was consistent with what had been developed previously. . • 45 Collins continued that the current Staff evaluation was more detailed. 46 Slopes greater than 15% . had been identified, and it was found that a 4� cluster subdivision would be better suited for this site. Traffic impacts 49 were reviewed much closer this time as well. 50 Best continued, asking about the location of Oakdale Drive Extension. 51 Collins indicated the location on the map. The developer has to build 5� Oakdale Drive Extension before Section III of Wildwood is completed. 5,/ 54 Commissioner Hartwell commented that Oakdale Drive Extension was 55 important for the Hillsborough Thoroughfare Plan. He felt the roads needed 56 to be in place as Wildwood was being completed. 57 58 co , • • 13 Chair Jacobs asked if any accident reports were available for the •3 portions of Wildwood which feed onto NC 86. . Collins responded that • 4 information could be provided if the hearing is continued until June 16 . 5 Jacobs asked what the changed conditions are which justify the rezoning 6 request. Collins responded that it was not essential that there be changed 7 conditions. The only condition that has changed is the depth of the staff 8 analysis. Collins noted the previous Town of Hillsborough recommendation, 9 either an R-2 or R-3 designation. The Staff recommendation is consistent 10 with that recommendation, particularly since the Town will assume responsi- 11 bility for services in the future. 12 13 Jacobs asked that a Homeowner' s Association representative be present 14 at the .public hearing if it is to be continued. 15 16 Fritz Brunsen, representing the developer, stated that the R-3 zoning 17 for clustering would allow for a greenway between the existing housing and 18 the proposed housing. He indicated that the developer is willing to accept 19 Staff' s recommendation for an R-3 classification instead of an R-4. 20 21 Sandra Riley, a resident of Wildwood living on George Anderson Drive, 22 presented concerns about existing drainage problems. She indicated efforts 23 to contact the developer, Mr. Freeland, had been in vain, and he had made 24 no attempt to correct current drainage problems. She complained of three 25 to four foot deep ditches which held water constantly. She also indicated 26 stumps and other . debris were in the ditches. She urged the Board to have 2 the developer correct these drainage problems before allowing him further 28 development privileges - 30 Tom Wilkin stated that he lived on John Breckenridge Drive and would 31 feel the greatest impact of traffic from development of the tract in 32 question and feared runoff problems as related to his property. - - He 33 presented photos showing ditches with standing water which constituted 34 mosquitos breeding and other health , hazards for the residents. He 35 indicated there , were springs throughout the development which caused 36 constant drainage problems for many residents. 37 • 38 • . Chair Marshall asked for a report. from the Manager on these issues. 39 County Manager Ren Thompson indicated that a previous problem had been with 40 water standing ' under a house due to a spring. - : He noted that problem had 141 been .: investigated, and corrected by having the developer go back and pipe 142 the water out. _ r .. . ... 44 ~` indicated he had' no desire to deny anyone the opportunity 49 -to' develop his property, but he did desire to have all these drainage 46 problems corrected before more development, is allowed.: _ 48 .- Chair Marshall asked for a full report from the Manager regarding the 149 problems .presented but reminded the - Planning Board that its consideration 50 of the request must be separate from the problems presented. 51 _ - 5- : . Commissioner Carey asked if it. was known whether springs are present 5.) -n the section being presented' for consideration. The response was that it 54 was not known if springs were on this section. 55 56 Jacobs asked why this request was not presented as a Planned 57 58 h • 1.86 1 14 Development. - Collins responded that Staff felt that the Subdivision 4 Regulations were sufficient to address staff concerns particularly since 5 cluster provisions are contained within the Subdivision Regulations. 6 Commissioner Carey asked that an investigation for springs be 7 conducted on Section IV of Wildwood to avoid more of the same problems. 8 9 Commissioner Halkiotis expressed concern and discomfort that the. �� developer had not yet corrected problems but was requesting more 12 development. 13 Motion was made by Chair Marshall, seconded by Commissioner Hartwell 14 that the hearing on Wildwood Rezoning Request be continued to June 16 to 16 receive the County Manager' s report on the drainage problems, the Town of 17 Hillsborough recommendation, and a report from the Wildwood Homeowner' s 18 Association. 20 VOTE: UNANIMOUS. 21 22 4 . ZONING TEXT AMENDMENTS " - . 23 a. Article 5. 1. 1 - Schedule for Residential Development 24 �5 Marvin Collins made the Staff presentation. . 26 27 .. .. Article 5. 1. 1 of the Zoning Ordinance contains the minimum gross ) . .- - land area and building height requirements, and —the required `' minimum land use intensity ratios for floor area, open space, - 30 liveability space and recreation space in Planned Developments. 31 The Article currently does - not contain minimum required 32 recreation space ratios for Planned . Development - Mobile Home 33 Parks. It also does not contain land use intensity ratios for 34 Planned Development - Mobile Home" Parks in R5, R8 and R13 -zoning 35 • districts. 36 37' The proposed amendment will correct these deficiencies by adding 38 . minimum required recreation space ratios for RB, AR, . R1, R2 , R3 39 and R4 zoning districts. Furthermore, minimum gross land area, 40 . . building height and land use intensity ratios will be added for 41 R5, R8 and R13 districts. 42 43 The Planning Staff_ recommends approval of the proposed 44 amendments. - - _ 145- 1-7" . 2 ,7_ - - _... .. .- - 46 �. .. - The Planning Board will prepare. a recommendation on the proposed 47 amendment at its June 15, -1987 . meeting. The Board of 48 - : - - Commissioners will consider the proposal for decision on July 6 , 49'. . . 1987 . 5o . 51 - . . There were no questions or comments. 52 5' Motion was made by Chair Marshall, seconded by Commissioner Carey to 5 -refer the amendment of Article 5. 1. 1 - of the Zoning Ordinance to the 55 Planning Board for recommendation to the Board of Commissioners on July 6, 56 1987. 57 . " 58 59 60 . .. C) A Li If _ _ MINUTES , a 44 ... ORANGE COUNTY BOARD OF COMMISSIONERS 181- 1- REGULAR MEETING 4' JUNE 16, 1987 . r. , The Orange County Board of Commissioners met in regular session on June 16, 1987 at 7: 30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiatis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT_ County Manager Kenneth R. Thompson, and. Assistant County Managers Albert Kittrell and William T. Laws, EMS Director Bobby Baker, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Purchasing Director Pamela Jones, Director of Department on Aging Jerry Passmore, and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS B. AUDIENCE COMMENTS C. MINUTES PUBLIC HEARING (Continued) WILDWOOD SUBDIVISION This public hearing was continued to receive the recommendation of the Town roblemslsandoutrafficceaccidents County andt Manager' s to hear drainage the concerns of drainage e p Wildwood homeowners. Marvin Collins noted that the Hillsborough Town Board considered the rezoning request of James Rae Freeland and recommended approval of the rezoning to R-3 with the understanding that a cluster development approach could be used to compensate for the terrain. With reference to the drainage problems, the Erosion Control Staff investigated the situation. The problems were identified. The Planning Director' s recommendation is that further plat approvals for existing phases and/or sections of Wildwood Subdivision be withheld until the following are completed: (1) The developer reimburse the County for the cost of _ hiring an engineer to do a detailed evaluation of the drainage problems to prepare a stormwater management plan to resolve -those problems and to implement that plan. (2) The report and plan would be submitted to Orange County for review and submittal to the Board for their approval. It would also be submitted to NCDOT for their review and approval. (3) Installation, by the developer, of all required improve- ments as shown on the approval stormwater management plan. Collins further recommended that no additional building permits be issued for dwellings in Wildwood Subdivision until the above plans have been prepared and approved, and improvements installed. ta2 {i Ili IA U 1f Motion was made by Commissioner Willhoit; seconded by Commissioner Carey to approve the Planning Director' s recommendation. Collins noted the receipt of a letter from Fritz Brunson whereby they have reviewed this particular abstract and are willing to work with the County in developing a plan that would solve the drainage problems. VOTE: UNANIMOUS. Collins stated that the Wildwood Homeowners Association voiced two concerns: (1) lack of responsiveness of the developer in responding to some of their concerns such as drainage. (2) He favored transferring the recreation area existing in Wildwood Subdivision which is currently under the maintenance and operation of the Association to a public agency. Collins pointed out that information on traffic accidents on NC86 is also included in the agenda for review. Fritz Brunson spoke on behalf of the developer. He stated that the developer is willing to work with NCDOT to get the streets accepted and to work with the Planning Board to work to resolve the drainage problems that exist in that subdivision. Commissioner Willhoit expressed a concern about the pump station at Wilmore and questioned the capacity of that pump station stating that it is contrary to decision already made if the Board continues to approve projects that overload the pump stations which makes it unable to serve other areas. He asked that a map be prepared showing where the lines run and the capacity of each one. Chair Marshall asked that this map be prepared for review by the Planning Board and be made a part of their recommendation. Collins noted that the pump station in Wildwood and the one at Wilmore with a force main connecting the two did have the capacity to serve the additional units proposed in Section IV of Wildwood. The consulting engineer for Hillsborough calculated out what the excess capacity was at those facilities. In calculating the excess capacity, he projected a 250 unit buildout for Wildwood Subdivision. If the rezoning was approved for R-3 with the additional units that could be built there, they would come in about 7 units under the projected 250 unit buildout. The capacity is there for this additional development. There is no additional capacity for the Meadowlands. However, in the projection is included the capacity for a 60-unit motel site on NC86 which is part of the Occoneechee Point Project that was approved by the Planning Board. That project is not going through unless it comes back for reapproval by the Board of Commissioners. This would provide some capacity for the Meadowlands. A member of the Homeowners Association commented about the lack of public restrooms at the construction site. The State Health Department stated that bathroom facilities must be available. He asked that this be investigated. He made comments about the high water bill and noted the fact that the people in this area cannot vote for members of the Hillsborough Town Board and have noone to hear their complaints. Chair Marshall explained that the water and sewer systerm is ice ._ self-supporting and those people who are on the Hillsborough water and sewer are being charged a high amount for those services. Commissioner Halkiotis asked if the Health Department could look into the concern expressed about the public restrooms at the construction site and Commissioner Moses indicated they would. Alan Fuller asked about the extent of the investigation into the drainage problems and asked if this report would address the runoff as well and Chair Marshall indicated it would. WITH NO FURTHER COMMENTS, THE HEARING WAS CLOSED. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to refer the rezoning request to the Planning Board for a recommendation to be received on August 3 , 1987 . VOTE: UNANIMOUS. 7) 1 :t ORANGE COTTl\'TY PLANNING DLPAi:-"•_lrr r 111LLSBO1dOI-CFI i .184 NORTH CAROLI'\A. 27278 [^� �e b4 r 5° 7 T 4 **`m t.0%`e4 O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8708-1812 TO: Orange County Planning Board M FROM: Marvin E . Collins, Planning Director SUBJECT: Wildwood Rezoning Request - Wilmore Pump Station DATE : August 14, 1987 COPIES: Greg Szymik, Planner III ( Current) At the June 16, 1987 meeting of the Board of Commissioners, the public hearing on the Wildwood rezoning request was concluded . Commissioner Willhoit asked that information be obtained regarding the capacity of the Wilmore pump station . I contacted Mr. David Cain of Finkbeiner, Pettis & Strout, consulting engineers for the Town of Hillsborough. He indicated that the Wilmore pump station was not an " in- line" facility; i .e. , no other force mains connected to the station. A six- inch force main extends from the Wildwood pump station to the vicinity of Elizabeth Brady Road where it changes to a three-inch force main . A three- inch force main extends from the Wilmore pump station and connects to the "Wildwood" line at Elizabeth Brady Road, forming a "T" . Insofar as capacity is concerned, the Wilmore pump station will not be affected by Wildwood and the previous information supplied at the public hearing is applicable. The Meadowlands project will not impact either the pump station or force mains. "Dry sewers" are being installed in the Meadowlands; i .e. , a gravity sewer system is being installed and when service becomes available to the Meadowlands, connection will be made. In the interim, septic systems will be utilized. The master sewer plan, in preparation by Mr. Cain ' s firm, calls for a gravity flow system from the sewage treatment plant to the Meadowlands project. • , • _ � fl The Planning Staff recommends approval . t� Kramer asked if a condition had been placed on the preliminary plan for a joint driveway. Kirk responded that there were no conditions on the preliminary plan . MOTION : Kramer moved approval . Seconded by Eddleman . VOTE : Unanimous. AGENDA ITEM #9 : MATTERS HEARD AT PUBLIC HEARING-5/26/87 Z-2-87 Wildwood Section IV - Rezoning Yuhasz stated that he had no direct input in the rezoning request but would abstain due to his past professional relationship with Wildwood Subdivision. Presentation by Marvin Collins. This agenda item is for consideration of a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. This item was presented at public hearing on May 26, June 1 , and June 16, 1987. Wildwood Corporation of Hillsborough has requested rezoning of 28 . 80 acres or 1 ,254,528 square feet of land . The property is located west of the present Wildwood Sub- division off NC 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan. The present zoning of the property is Residential -2 (R-2 ) . The applicant is requesting that the zoning classification be changed to Residential -4 (R-4) . A similar request (R-1 to R-4) was made by the applicant in November, 1985 . In response to a Town of Hillsborough recommendation (either R-2 or R-3 ) , topographic constraints and traffic concerns, the Board of Commissioners approved changing the zoning designation from R-1 to R-2. Development of the tract will have impacts on water and sewer facilities, and the ability of streets to handle projected traffic volumes. These impacts as well as others were identified and discussed in a Planning Staff report presented on June 1 , 1987. At its June 8, 1987 meeting, the Hillsborough Town Board considered the Wildwood rezoning request and recommended approval of an R-3 zoning classification with the under- standing that a cluster development approach would be used to compensate for terrain problems; i .e. , steep slopes. NCDOT traffic accident data indicates that 18 accidents occurred between January 1 , 1984 and March 31 , 1987 on NC Highway 86 between SR 1710 (Old NC 10 ) and a point one mile south of SR 1710 . Two accidents occurred in the vicinity M Er 10 of Wildwood entrances. - Accident #6 occurred in 1987 approximately 0. 4 miles south of the John Breckenridge Drive/NC Highway 86 intersection . Accident #7 occurred in 1984 approximately 0. 6 miles north of that intersection . Both accidents occurred in snowy/ icy conditions . Discussion with the President of the Wildwood Homeowners Association have Indicated two concerns : ( 1 ) lack of responsiveness by the developer to resident concerns; and (2 ) favoring transfer of the recreation area to a public agency for operation and maintenance. Drainage problems in Wildwood Subdivision are concentrated along sewer and drainage easements, and in low- lying areas. Given the extent of the problems, a more detailed eval - uation is needed by a registered engineer. An approved stormwater management plan is also needed, as well as construction of improvements required to correct existing and future drainage problems. The County ' s consulting engineer, Hazen & Sawyer, has submitted a proposal for preparation of the stormwater management plan . The Board of Commissioners will consider approval of the proposal at its August 18, 1987 meeting. Collins noted that in an attempt to address the drainage problem, the developer had been notified by letter that no more building permits would be issued within Wildwood Subdivision and also that no further phases of development in Wildwood would be approved until such time as the drainage problem has been resolved . The developer was also informed that the County would be employing the services of a consultant to prepare a stormwater management plan and once that plan has been approved by the Board of Commissioners, the developer will be responsible for the total cost of preparation of the plan and the implemen- tation of the plan. Collins also stated that Staff is recommending, at the developer ' s request, that five building permits be released within Phase III of the development. These lots have already been sold to builders and there are contracts for construction on these lots. However, Staff has also recommended that no Certificates of Occupancy be issued until the stormwater management plan is complete, approved and implemented. Those lots would have little impact on the drainage problems which have occurred, for the most part, in Section II . The Planning Staff recommends rezoning of the property from R-2 to R-3 for the following reasons : I . Projected pump station capacities permit additional units to be developed. 2. The change from R-2 to R-3 is consistent with a "step- down" approach to zoning in the area, with higher densities near NC 86 and lower densities further removed. 3. Streets within Wildwood Subdivision are capable of 11) M a If handling additional traffic. Collins referenced a memo addressing Commissioner Willhoit' s concern about Wilmore Pump Station . (Copy enclosed on page of these minutes. ) Collins noted that the recommendation of the ' rezoning request for Wildwood would result in less than the 250 unit buildout that was originally intended for Wildwood. This would result in a saving of capacity beyond that projected by the engineer. The applicant has indicated agreement with Planning Staff recommendation . Pilkey asked if Occoneechee Point is to be on the Wildwood pump. Collins responded yes. When the Town ' s consulting engineer made his original projections, he had calculated in a sixty unit motel project at Occoneechee Point. This was based on the approval of Occoneechee Point Planned Development. That approval has lapsed and another Planned Development-Special Use Permit application will be sub- mitted to public hearing on August 24, 1987 . Thus, the motel has already been accounted for in regard to the pump station . Pilkey continued inquiring about the new school . Collins responded that the school has also been taken into consideration. The Wildwood pump station has enough capacity to take on the additional development which would result from this rezoning, Occoneechee Point motel complex, and also the new school with some capacity still available. Kramer inquired if the developer had responded to the Planning Staff regarding the drainage problem. Collins responded that the developer concurred with Staff ' s recom- mendation . Their concerns are the cost of the study to be povided and the five lots which had been sold to builders and were under contract for construction. Kramer expressed to Szymik his concern with the complaints from the homeowners association . Szymik responded that the Homeowner ' s Association did not have any particular concern with drainage problems. Szymik continued that Erosion Control Inspector, Keith Rosemond, had received only six complaints regarding drainage problems in the last twelve to eighteen months. Collins noted again that Mr. Brunsen had indicated that the developer was in agreement with the Staff but did express some concern with the cost involved in the study and implementation. Lewis asked if stormwater management plans had proven to be insufficient. Collins responded that the fact that the developer had proceeded from one phase to another instead of turning each phase over to NCDOT for maintenance had created additional drainage problems. Lewis continued asking the time limit in which maintenance is to be turned over to NCDOT. Collins responded that there is no time limit. The only requirement is that the number of homes along the streets meets NCDOT density standards . MGLIPIT Following are the findings of fact of Article 20 and Article 4 as apply to the Wildwood rezoning request: MOTION : Pilkey moved positive findings on Article 20.3 .2 a & b regarding scale and legal description . Seconded by Eddleman. VOTE : 7 in favor. 1 abstained (Yuhasz ) . MOTION : Eddleman moved positive findings on Article 20. 3.2d regard- ing changed conditions. Seconded by Lewis. Discussion followed regarding changed conditions. After discussion Collins noted that it is not mandatory that the Planning Board find that some condition has changed in order to approve the rezoning . The only thing the appli- cant is required to do is if there is a changed condition indicate what it is and his justification. The applicant has indicated that the site is adjacent to property being developed at R-4 and R-5 residential densities. The applicant' s basis is that there have been changed condi- tions in that more property in that area has been developed for higher densities even though the zoning may not have changed. VOTE : 2 in favor. 5 opposed (Jacobs, Pilkey, Best, Kramer, Boland - felt there were no changed conditions) . 1 abstained (Yuhasz ) . MOTION : Lewis moved positive findings on Article 20.3.2e regarding the amendment carrying out the purpose and intent of the comprehensive plan. Seconded by Kramer. VOTE: 7 in favor. 1 abstained (Yuhasz ) . MOTION : Lewis moved positive findings on Article 4.2a regarding designation as a Transition Area. Seconded by Kramer. VOTE : 7 in favor. 1 abstained (Yuhasz ) . MOTION : Lewis moved positive findings s on Article 4.2b existence of water and sewer lines. Seconded by9Kramerr.the VOTE : 7 in favor. 1 abstained (Yuhasz ) . MOTION: Lewis moved positive findings on Article 4.2c regarding direct access. Seconded by Kramer. Pilkey asked when Oakdale Drive Extension would be completed. Collins responded that it would be completed as a part of Phase III . VOTE: 7 in favor. 1 abstained (Yuhasz ) . 0-101 {P . 039 MOTION : Best moved denial of the rezoning request. Seconded by Pilkey . Kramer asked what criteria was being voted on to deny the rezoning . Best responded that he felt there were no changed conditions and that the Board should not change its position and increase density. Lewis felt that concerns had been addressed by staff . He felt that such an orderly step down approach is appro- priate for the area. VOTE : 6 in favor. 1 opposed (Lewis - felt concerns had been addressed ) . 1 abstained (Yuhasz ) Kramer noted that he was not opposed to higher density in that particular area but was opposed to the Wildwood Subdivision . Jacobs noted that he had concerns that could possibly be addressed by the County Engineering Study fo soil suitability for higher density. AGENDA ITEM #10 : MATTERS SCHEDULE FOR PUBLIC HEARING - 8/24/87 a. Orange County Land Use Plan LUP-1 -87 Chandler Concrete Company Jacobs asked the a legislative history be prepared for the Land Use Plan amendment. b . Orange County Zoning Atlas ( 1 ) Z-3-87 The Meadowlands Jacobs asked that a legislative history be prepared for this Zoning Atlas amendment and noted that the heliport shown on maps would require a Special Use Permit. (4) PD-3-87 Occoneechee Point Jacobs asked for a legislative history on this item. (5 ) Town of Mebane Extraterritorial Jurisdiction Limits Pilkey asked that a map be presented at the public hearing showing those revisions made by the Town of Mebane . AGENDA ITEM #11 : PLANNING BOARD ITEMS a . Hardscrabbie - Courtesy Review Presentation by Greg Szymik. g. 190 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date _Sap±amibet_$z_1987_ ActionjAggoda Item L __ SUBJECT: ASSIGNMENT OF HOUSE AND BUILDING NUMBERS - RURAL ROUTE 2 DEPARTMENT: PLANNING PUBLIC HEARING ___Yes _�_ No ATTACHMENT(S) : INFORMATION CONTACT: Don Powell G. S. 153A-240 Location Map Letters in Response to Citizen Questions/Comments TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of approval of the proposed assignment of. house and building numbers on Rural Route 2 in Orange County. This item was presented at public hearing on August 24, 1987 . BACKGROUND: Per an agreement reached in January, 1986 between the County Manager and the Chapel Hill Postmaster, a joint project between the County and the U .S. Postal Service was undertaken to convert rural box numbers to permanently assigned house numbers. Two rural routes ( 5 and 8) have been converted to house numbers, and, since the adoption of the House Numbering Ordinance by the Board of County Commissioners on April 21 , 1987, residents have been utilizing assigned numbers as their addresses. Rural Route 2 has been prepared for the next conversion to house numbers. The route encompasses an area north of Chapel Hill including Blackwood Station, a portion of N. C. Highway 86, Hideaway Estates Subdivision and portions of the following State roads : Mt. Sinai , University Station, Old N.C. 10, New Hope Church and Old N. C. 86. As required by General Statute 153A-240, a public hearing was held on August 24, 1987, following the notification of all affected residents and posting of the hearing notice in the Courthouse and two public places in Chapel Hill Township (Estes Drive and Franklin Street Post Offices and Sunrise Farmers Market on N.C. Highway 86) . At the public hearing, many residents of Hideaway Estates 191 expressed concern about the proposed numbering system, since house numbers already existed for the subdivision . Specific concerns identified included the ability of emergency services personnel to identify residence location based on the numbers assigned, the loss of community identify, the ability of children to remember a 4-digit as opposed to a 3- digit number, and the necessity of changing stationery. The Planning Staff has provided responses to citizen comments/concerns . ( See attached letters. ) The method of number assignment in Hideaway Estates is described in the letter to Mr. Charles D. Edelman . A Planning Board recommendation is not required on the proposed house and building numbers, and the Commissioners may approve the assigned numbers. RECOMMENDATION: Approval of the proposed house and building numbers, followed by notification of the Chapel Hill Postmaster, the N.C. Department of Transportation, and the Towns of Chapel Hill and Carrboro as required by G. S. 153A-240. ■ lk ! _ - _ _._ JI i - i.' 1 • • § 153A-236 CH. 153A. COUNTIES § 153. 192 ' 1 ' cil, set the duties of any person appointed or designated as a fire prevention 1 `" •~ wJl inspector. A fire prevention inspector shall not make electrical inspection: . ,,„ r, unless he is qualified to do so under G.S. 153A-351. (1965,c.626; 1969,c.1064. J I,JII F a. 3; 1973, c. 822, s. 1.) utrer wild §§ 153A-236 to 153A-238: Reserved for future codification purposes. I § I! ARTICLE 12. ac sun Roads and Bridges. 1 u Lxiarc § 153A-239. Public road defined. j ciuse The In this Article "public road" or "road" means any road, street, highway, e succe thoroughfare, or other way of passage that has been irrevocably dedicated to regis 1 the public or in which the public has acquired rights by prescription, without of pr I regard to whether it is open for travel. (1973, c. 822, s. 1.) req ue 1 publi Local Modification,. — Brunswick 1979, i or ea 2nd Sess., c_ 1319; Cabarrus: 1981, c. 568, k tippet amending 1979. 2nd Sees.,c. 1319. inter cumn § 153A-240. Naming roads and assigning street numbers in cont./-. otrnil unincorporated areas. local! A county may by ordinance name or rename any public road within the to his county and not within a city, crnif y ty,and may assign or reassign street numbers for ux - of the on such a road. In naming or renaming a public road, a county may not An (1) Change the name,if any,given to the road by the Board of Transports. appei tion, unless the Board of Transportation agrees; Gene (2) Change the number assigned to the road by the Board of Transports. Gene tion, but may give the road a name in addition to its number; or i cuudnt. t (3) Give the road a name that is deceptively similar to the name of any • trier • other public road in the vicinity. No r A county shall not name or rename a road or assign or reassign street — numbers on a road until it has held a public hearing on the matter. At least s �lusir a. 10 days before the day of the hearing, the board of commissioners shall caue s pruce notice of the time, place, and subject matter of the hearing to be prominently a V" posted at the county courthouse, in at least two public places in the township right. — - or townships where the road is located, and shall publish a notice of such I lots a hearing in at least one newspaper of eneral circulation line a g general published in the line a county. After naming or renaming a public road, or assigning or reassigning ' :in an street numbers on a public road.,a county shall cause notice of its action to unlit • ven to the local postmaster with jurisdiction over the road, to the Board of rtely Transportation, and to any city within five miles of the road. unlit " �' This section does not repeal or modify Chapter 945 of the Session Laws of 1. 419-1 9 1953,which pertains to naming streets in Kannapolis. (1957, c. 1068; 1973,c. c. 50' • 507, s. 5; c. 822, s. 1; 1981, cc. 112, 518.) . i I local Modification. — Brunswick: 1979, been substituted for"State Highway Commie Lou: • 2nd Sess., c. 1319; Cabarrus: 1981, c. 568, sion" and for "Commission" in this serum:, `� 1 1 L* amending 1979. 2nd Sess., c. 1319; Forsyth: enacted by Session Laws 1973.c.822. x'' 1981,c.558;Guilford: 1979,c.283. Effect of Amendments. — The first 19:: .s',. u Editor's Note.—Pursuant to Session Laws amendment substituted"at the County Cour.. • s p 1973,c 507.s.5,"Board of Transportation"has house, in at least two public places in tl. . : � � • e, 78 s, us 1101 ma iR `4 _ .. 1� � I ; .� ter. 4 4... - ._\ . '..4110V. ,..I vilet . ALL 407 4, „, , _.. _L.. .27. jr11.9,.its ; -7 ..:1/ "la 1. :.1a• . ^ . 00°. -.... \ ' x y . • lei ,016, .......\ . r „ MIL , .47 ' ' - -. 1 ilikatit ' ....4- ‘ . . •.,,.. .. ,.., .„_. I . ,,, . , jy./ L. �L, J iQ I 1 ir. . . :: .. wimmitit ..,,, Ajpgier,._. '' ...= 1 - L.( ii.._ .1e, AM A„. a1r ; yo w 7 IM G a!K / . 0. : • armed ,'arm r �.1 ,.. . i .imi — -f 1. it afar V- utzt.:.: ‘, ! ._44_11._,Iimit_' . 4..?'Sg ruas ;ie.,_ g., disk: --. -;,..„____, air*,__.. „--....,,--- 5.... -•*7 k ,dilliy , Mk 0. f.�— N 4..r__ •.. ., _.../ . , 144 :. A4A:, _ • ,,,;—,....4,4„.......•••..02" 2:ja Ns emu.— . 0.9 . ...- ., ' lit l i"...4.".:4,49-9,4.21.12 41 .megrii ,, . . . .., , ., \ . . ,em / 4404 t14;;4`err i. • \ •a► +s � -'• itti•;i r�•ye..7 „ •!+ I Int .4/01:1-. - . ... ` y .�• �, :r :,., `� �;., :_, ` %,,�. - �a -mpg" •{If. (0 8 r- . ( ... .....„ _ 1 q r1r ` , -1 •4.9. • r 'i `ri xr-r -----<, .-1 yti▪ I �f... . -9M0,... • ..t..._..: .. .... ....., ,, -_,.. -II% , ..„..„..., ..„,.....,... ,,1 Lin :,....y �' .. .. +fir ` AKES,:r.....,c12W-• 9 •..., 1� 1 r �itt��iw•• DO____.. ..., , ._, ...... ..„.....__......4.• , . , . f ..._. _______. TT i 11 M fi - ice..• „_„1 1 '� I, N . r C O Y M TT j 1 • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD ` -194 HILLSBOROUGH, NORTH CAROLINA 2727$ F-- to August 27, 1987 Charles D. Edelman 125 Hideaway Drive Chapel Hill , NC 27514 Dear Mr. Edelman : We appreciate your comments given at the Public Hearing on August 24, 1987 regarding house number assignments on rural route 2 . The concerns of all signers to the petition you presented have been recognized. The acceptance of any change to an established pattern is a difficult process . We acknowledge that this acceptance by Hideaway Estates residents has been made more difficult by virtue of your on-going use of house number addresses for the past ten years . However, to omit Hideaway Estates from a uniform, county-wide house numbering system would be doing you a disservice . Your neighborhood would be an isolated non-conforming community in an overall conforming address system. The equal - interval system we are implementing is a tried-and- tested method of property numbering proposed by the American Society of Planning Officials . Research for the Orange County plan was begun in 1979 by Planning Department Staff . Exhaustive field checks, tax map surveys and aerial map studies were completed prior to the County Commissioners' adoption of the ordinance on April 21 , 1987 enabling staff to effect address changes on rural routes 5 and 8. Chapel Hill ' s Postmaster lends support to the endeavor and route changes are coordinated with his facility to ensure correct numbering and a smooth transition. The change-over on routes 5 and 8 has worked well . The four-digit numbers assigned to Hideaway Estates were determined by scaling 50 foot increments on county tax maps, southward along old NC 86 from its intersection with Hwy. 70, to a point of horizontal alignment with Hideaway Drivels northern tip. From that point on Hideaway Drive addresses were assigned to residences at 50 foot intervals, beginning . t 195 Charles D. Edelman August 27, 1987 Page 2 with Mr. Gambill at 5214 and, with increasing numbers, to Ms. Horne at 5912, the southernmost property on Hideaway Drive. As you can tell , the system allows us to assign comparable numbers to roads which run parallel ; in effect, a type of grid system. It truly will facilitate access of emergency calls to your address and expedite mail delivery, all accomplished with this one change. We would hope that you would acknowledge the overall benefit to the 500 other residences served by the rural route 2 carrier whose addresses will also be affected by this change, and not encourage a long-range disservice to your fine Hideaway Estates community by asking to be excluded from the county-wide numbering system. Please feel free to come by my office for a closer look at our mapping/numbering system . I know it sounds confusing in its explanation and a graphic view might be more convincing . Sincerely, Don Powell Planner DP/dmg ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD C HILLSBOROUGH, NORTH CAROLINA 27278 196 0'•9 � rm�N ia: August 27, 1987 Richard M. Rehm 233 Hideaway Drive Chapel Hill , NC 27514 Dear Mr. Rehm : We appreciate your comments given at the Public Hearing on August 24, 1987 regarding house number assignments on rural route 2. The acceptance of any change to an established pattern is a difficult process. We acknowledge that this acceptance by Hideaway Estates residents has been made more difficult by virtue of your on-going use of house number addresses for the past ten years. However, to omit Hideaway Estates from a uniform, county-wide house numbering system would be doing you a disservice . Your neighborhood would be an isolated non-conforming community in an overall conforming address system. The equal - interval system we are implementing is a tried-and- tested method of property numbering proposed by the American Society of Planning Officials. Research for the Orange County plan was begun in 1979 by Planning Department Staff . Exhaustive field checks, tax map surveys and aerial map studies were completed prior to the County Commissioners adoption of the ordinance on April 21 , 1987 enabling staff to effect address changes on rural routes 5 and 8. Chapel Hill ' s Postmaster lends support to the endeavor and route changes are coordinated with his facility to ensure correct numbering and a smooth transition . The change-over on routes 5 and 8 has worked well . The four-digit numbers assigned to Hideaway Estates were determined by scaling 50 foot increments on county tax maps, southward along old NC 86 from its intersection with Hwy. 70, to a point of horizontal alignment with Hideaway Drive ' s northern tip. From that point on Hideaway Drive addresses were assigned to residences at 50 foot intervals, beginning • 19 Richard M. Rehm August 27, 1987 Page 2 with Mr. Gambill at 5214 and, with increasing numbers, to Ms. Horne at 5912, the southernmost property on Hideaway Drive. As you can tell , the system allows us to assign comparable numbers to roads which run parallel ; in effect, a type of grid system. It truly will facilitate access of emergency calls to your address and expedite mail delivery, all accomplished with this one change . We would hope that you would acknowledge the overall benefit to the 500 other residences served by the rural route 2 carrier whose addresses will also be affected by this change, and not encourage a long-range disservice to your fine Hideaway Estates community by asking to be excluded from the county-wide numbering system. Please feel free to come by my office for a closer look at our mapping/numbering system. I know it sounds confusing in its explanation and a graphic view might be more convincing. Sincerely, 0/A Don Powell Planner DP/dmg ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 f 198 0 d -r\ August 27, 1987 John W. Rogers 210 Hideaway Drive Chapel Hill , NC 27514 Dear Mr. Rogers : We appreciate your comments at the Public Hearing on August 24, 1987. The nine-digit zip code is in fact being phased into Chapel Hill areas by the Estes Drive Post Office. The process is administered solely by the Post Office Department, however, and any attempt by county government to incorporate this federal system as the basis for the County ' s program would be inappropriate. The nine-digit zip code allows a more precise geographic location for postal delivery and will serve as back-up for the equal - interval system, which we implemented on a county wide basis in the spring of this year. Sincerely, Z?4,;;;;A Don Powell Planner DP/dmg p ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 August 27, 1987 Gary McDevitt Rt. 2, Box 656-B Chapel Hill , NC 27514 Dear Mr. McDevitt: Thank you for your comments to the County Commissioners at the Public Hearing on August 24, 1987 . The situation you brought to our attention regarding Sandy Road has been investigated by Planning Staff . The two residents who use the access known as Sandy Road (Mrs. Clements and Mr . Loftin ) expressed no strong feelings concerning assignment of address numbers to either University Station Road or Sandy Road. Their main concern is ready access by 911 facilities. Both properties have some frontage on University Station Road, and in-as-much as our tax maps showed only an unnamed easement where Sandy Road is located, a University Station Road number was assigned . Additionally, no road sign exists noting the private road ' s name, and the residents do not want to incur the expense of erecting one. Therefore, Planning Staff feels these two residents would best be served by utilizing the University Station Road address assigned them . Sincerely, r Don Powell Planner DP/dmg 2OO ORANGE COUNTY BOARD OF COMMISSIONERS Action A nila Item No.t, ACTION AGENDA ITEM ABSTRACT Meeting Date: September 8, 1987 SUBJECT: Policy on Capital Expenditures and, Capital Reserves DEPARTMENT: PUBLIC HEARING: Yes X No Manager ATTACHMENT(S) : INFORMATION CONTACT:Manager, Ext. 501 (1) Memorandum from Chair dated July 20, 1987 TELEPHONE NUMBER: (2) Memorandum from Finance Director Hillsborough — 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider certain policy issues relating to capital expenditures and capital reserves. • BACKGROUND: During the budget work sessions on the Capital Improvement Program the need for formal policies on capital items became apparent. As a result, the Chair presented certain suggested policies in a memorandum dated July 20th that were discussed at the Board meeting of August 3rd. It was decided at that time to postpone adoption of capital policies until after the budget process had ended. RECOMMENDATION(S) : As the Board decides. • 201 TO: THE BOARD FROM: SHIRL RE: POLICY ON CAPITAL EXPENDITURES AND CAPITAL RESERVES DATE: 20 JULY 1987 You asked that I bring back formally some policy suggestions made at the beginning of our work session on Capital Improvements. I am suggesting three additional policies and all five I will place on the 3 August agenda. We shall need not only to decide if we want to adopt the policies, but when we want to make them effective. Discussion directed that for some items the budget should be adjusted for the first policy to take place in the current year ' s budget -- no such adjustments have been made -- nor were we especially clear. • The first three have all been agreed to previously in some form or by direction of the Board since I have been a member. Not only do I think the suggestions are good policy, I believe each one moves us toward the direction of pay—as—we—go capital financing with just one more bond issue needed as a bridge. 1.Use of the optional half—cent sales tax capital reserve, or any other capital reserve that may be established, be limited to buildings , land and building improvements, renovations , major restorations and lease purchase of equipment costing over $50,000. 2. Use of the 2/3 net debt reduction bond option be limited to either the policy adopted in relation to the Efland sewer or to an even stricter policy that limits use only to a major emergency. 3.. For some years we have been paying approximately $800, 000 a year towards interest and capital on school debt. I suggest once more that we continue appropriating $800, 000 a year as the payments fall , placing all surplus in the school capital reserve fund rather than have it be lost little by little in the general fund. After 1999 , a full $800 , 000 would be appropriated to that fund each year. 4. Set school current capital at $750,000 for a period of five years and limit the portion of current capital that may come from the school capital reserve fund to the items listed for the county under policy 1 . Roof repair and replacement would be included in the $750,000. 5 Gordon suggested creating a special capital reserve for vehicle purchase.. It should be our policy that allocations made to such a fund be taken from current year revenues and not from optional sales tax monies. *TT. FINANCE DEPARTMENT 17 - 4 52 41°era me .c° G 0 2 ORANGE COUNTY GORDON R. BAKER DIRECTOR MEMORANDUM To: Board Members From: Finance Director Subject: Five Year Capital Improvement Program and Capital Policies Date: September 1, 1987 Suggestions regarding County policy on capital expenditures and reserves have been solicited from the staff for your consideration for the September 8th Board meeting. I have reviewed the policies proposed by the Chair in a memorandum to the Board dated duly 20, 1987. I endorse those policies with a few suggested changes. Also, I recommend that the Board consider two additions to the proposed policies. The changes and additions are explained later in this memo. Before considering adopting policies on capital expenditures and reserves, definitions of certain terminology and some background information on the value and use of a capital improvement program may be beneficial. A capital expenditure is any expenditure to acquire or to improve a tangible asset that is of a permanent or "fixed" nature. A capital project describes a • major capital expenditure that is generally not recurring on a year in,year out basis. Whether a capital expenditure is considered major depends upon the size of the entity and its budget. A capital improvement program is a schedule of capital expenditures and projects in priority order over a given period of time with estimated costs and a&ailabl€ financing sources. A capital reserve fund is a fund to account for financial resources being accumulated for specifically identified purposes. By law, a capital reserve fund may be used for any purpose for which bondsmay be issued. The purpose for which financial resources are being accumulated in a capital reserve fund is determined by Board action either through adoption of a budget ordinance or a resolution. A capital project fund is a fund to account for financial resources being used for a major capital expenditure. While a capital improvement program is not a budget itself, it provides information that is necessary for prudent budgetary decisions. Adoption of a capital improvement program is not a binding action but is an assertion of future intent. The first year of an approved capital improvement program is normally incorporated into the next annual operating budget. 106 EAST MARGARET LANE • HILLSBOROUGH, NORTH CAROLINA 27278 • 919/732-8181 rage - Board Members September 1, 1987 263 Suggested changes to the policies proposed on July 20th are explained below. The numbers correspond to the numbers in the proposal. 1. The use of the ;1 sales tax revenues and the use of capital reserve funds should probably be considered as separate policy issues. k'irst, I suggest that the County's portion of the two 1 sales tax revenues (20% and 40%) be restricted to capital expenditure items costing $15,000 or more rather than to items costing over $50,000. we have typically used these revenue sources for small renovation projects and other similar nonrecurring capital items. The $15,000 limit would allow us to continue to fund these types of expenditures while eliminating other small, less appropriate ones. The $50,000 limit would not allow us.-to fund from. these revenues .a lot of the renovation projects that we undertake. The portion of the ;m sales tax revenues dedicated to school capital expenditures (80% and 60%) should be restricted as outlined in the July 20th proposal. The higher dollar amount for schools is appropriate due to the fact that these revenue sources have previously been used only for large scale school construction and renovation projects. Also, the current capital appropriation to schools funded by other General Fund revenues is available for smaller capital items. Apart from any restrictions on the use of the sales tax revenues, I suggest that the use of capital reserve funds not be restricted by a blanket dollar limit. Each such fund should be considered separately based upon the purpose for which it is established. At the present time, the County has established three capital reserve funds. The School Capital Reserve Fund is used for the large scale school construction and renovation projects. The $50,000 restriction would be appropriate for this fund. The County Capital Reserve Fund is used for all types of general county capital expenditures ranging from renovations to vehicle purchases. A much smaller dollar limit, such as $5,000, would be appropriate for this fund. The Recreation Capital Reserve Fund is used for land dedications and payments in lieu of land received from real estate developers for the purpose of providing open space and recreation areas within the County. A dollar limit as low as $1,000 may be appropriate for this fund. As a final point, I recommend that equipment acquisitions not be limited to just lease purchase arrangements. 3. As a matter of clarification, I feel that the debt service requirements of any new debt issued would be conidered when determining the amount, if any, ref the $800,000 that would be transferred to the School Capital Reserve Fund. rdye .Board Members September 1, 1987 '. • 204 5. I suggest that the reserve for vehicles be included in the County Capital Reserve Fund. Transfers to this fund can be made from revenue sources other than the ;2 sales tax revenues and earmarked for vehicle acquisitions. A separate fund is not necessary. Some additional policies that the Board may want to consider are explained below. 1. Define the capital expenditures that will be considered capital projects and accounted for in capital project funds. What constitutes a major capital acquisition has not been formally defined. This has led to different criteria being used at various times to establish capital project funds. My recommendation is- that any capital expenditure costing at least $25,000 and having a useful life of at least five years be considered a capital project and accounted for in a capital project fund. 2. Determine the capital expenditures to be included in the Five Year Capital Improvement Program. It is my suggestion that all County capital expenditures with a unit cost of $10,000 or more, with the exception of vehicles, be included in the CIP. Vehicles represent a large capital outlay and should be included in the CIP even though the unit cost may be less than $10,000. School capital expenditures should be limited to those major items costing $50,000 or more. 015 TI1111111.111.... .mm---ORANGE COUNTY BOARD OF COMMISSIONERS Action Art Item No. ACTION AGENDA BEPTEMBERgT� Meeting Date: 987 SUBJECT: CAPITAL IMPROVEMENTS PLAN CALENDAR Yes X No DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: INFORMATION CONTACT: MANAGER'S ATTACHMENT(S) : 1988-89 THROUGH 1993-94 CAPITAL IMPROVEMENTS PLAN CALENDAR TELEPHONE NUMBER: Deg Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 g Durham - 688-7331 Tana PURPOSE: Consideration of a Calendar of Events for preparation of the 5-year capital Improvements Plan. 'brut BACKGROUND: To ensure timely tentative 5-year, CIP includesffgroup developed a tentative and individual meetings with each County department and agen- cies occupying County buildings. Attached is ord/staff calendar which provides two work session dates, public The schedule and adoption of 5-year CIP by February 1, permits the bond referendum date to be set for November, 1988. RECOMMENDATION(S) : Board approval of the calendar. . 20,7 ORANGE COUNTY BOARD OF COMMISSIONERS _ Action Agenda Item No. (49 ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 8, 1987 SUBJECT: ENVIRONMENTAL AFFAIRS BOARD RECOMMENDATIONS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough -- 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of items in the Environmental Affairs Board report. BACKGROUND: The Environmental Affairs Board presented a report in May, 1987 as to needs which effect Orange County. While the Board has addressed concerns of the EAB, others still require attention. The attached summary of recommendations identifies the EAB concerns. RECOMMENDATION(S) : As the Board decides. ti 2O8 The Environmental Affairs Board presented a report to the Orange County Board of Commissioners in May, 1987 outlining certain areas of concern and requested action in this report. Some of these request have been accomplished at this point while others remain as a request. HAZARDOUS MATERIAL 1. The EAB recommends that the County Commissioners promptly esta- blish a Local Emergency Planning Committee (LEPC) as required by Title III of the federal Superfund Amendments and Reauthoriza- tion Act of 1986. This Committee shall be responsible for col- lecting information on hazardous materials used in the County and for preparing an emergency management plan for the County. The EAB recommends that the County and city fire departments report to the LEPC on the types, quantities and locations of hazardous materials contained in buildings in the County. * The Local Emergency Planning Committee has been appointed. 2 . The County Planning Department should be directed to identify areas of the County that are particular sensitive to unplanned disposal of hazardous material. 3 . The Orange County Health Department should be directed to deve- lop public education programs regarding: a. the existence and functions of the County Emergency Response Team, b. requirements of the Right to Know law regarding hazardous materials, c. identification and disposal of farm and hazardous wastes. NATURAL RESOURCES 1. The County should appropriate funds for a comprehensive, survey of natural resources in the County according to the guidelines of the North Carolina Natural Heritage program. The EAB should have an advisory role in defining the scope and maintaining oversight of the project. * Orange County has appropriated in the 1987-1988 budget $7, 000 to assist in the natural resources and three members of the Envi- ronmental Affairs Board are attending the steering committee for the project. This recommendation has been accomplished. 209 2 . The Commissioners should request the Orange County Planning Board to formulate alternative approaches for protecting and enhancing natural areas as identified in the survey into the Long Range Plan for the County. The alternative should include at least the following options: a. dedications, b. fee purchases, c. real estate transfer fees, d. preferential tax policy, e. developer contributions in lieu of on-site dedications. * Most of these are being accomplished at this point with the exception of transfer tax and the Long Range Plan of the rest of the County other than the buffer area. 3 . Special attention should be given to protection of the North Carolina Botanical Garden and those sections of Duke Forest located in Orange County. WATER RESOURCES 1. The Board of Commissioners should direct the Orange County Reservoir Siting Committee to develop a proposal for the manage- ment of the water of the Upper Eno River during drought condi- tions. The proposal should include an operational definition of a drought, a set of rules for allocating available resources under a range of conditions that may exist during a drought, and a rule governing the release of water from upstream reservoirs to maintain appropriate levels of instream flow. That committee should report its findings to the Commissioners for review on or before December 31, 1987. * This recommendation should be dropped as the water conservation ordinance addresses most of the concerns. The sub-committee had not seen the ordinance when this recommendation was proposed. 2. The Commissioners should consider the adoption of an Ordinance requiring the posting of a performance bond of sufficient size to provide a reasonable guarantee that private wastewater pack- age plants will continually satisfy their effluent limits. 3 . The Commissioners should direct the Health Department to conduct a sanitary survey of County watersheds in 1987 and repeat that survey at intervals not exceeding three years. The survey should identify any activities that continuously discharge to streams in those watersheds, activities from which stormwater runoff could reach the streams, or activities that could acci- dentally discharge to streams. Results of that survey should be made available to purveyors of public water supplies both in the County and to others who may be affected. 210 4. The Commissioner should authorize and direct the County Sediment Control Officer to conduct a review of the adequacy of existing enforcement of the sediment control ordinance, and the adequacy of present staff resources to manage sediment and erosion in the County. The sediment control officer should be directed to deliver a report of its findings and recommendations to the EAB by December 31, 1987. * The sediment control concerns of adequacy of enforcement and the annual report are being addressed based on recommendation this is being handled administratively. 5. The Commissioners should authorize and direct the County EAB to undertake a study of the options for stormwater management. The study should include a review of policy and practices in neigh- boring communities and states. The EAB should be directed to deliver a report on its findings and recommendations to the Commissioners no later than May 1, 1988. SOLID WASTE 1. The County Commissioners should authorize the EAB to provide continuing oversight of the bi-county Solid Waste study and make recommendations, as appropriate, concerning the progress of the study and its findings. 2 . The County Commissioners should authorize the EAB to recommend appropriate steps to enhance the County's coordination with Chapel Hill and Carrboro concerning their recycling program. 3 . Since the planned U.N.C. power plant may contribute additional solid waste that will shorten the useful life of the landfill, the County Commissioners should strongly urge U.N.C. to consider the use of Refuse Derived Fuel (RDF) in the powerplant planned for the Chapel Hill campus, FUTURE OF THE ENVIRONMENTAL AFFAIRS BOARD 1. The Commissioners should continue the EAB indefinitely. Member- ship of the EAB should rotate through staggered three year terms with one third of the present membership being replaced annually, beginning July 1, 1988. The EAB should be directed to adopt by-laws governing the conduct of its meetings and the annual selection of its chair. 211 ORANGE COUNTY BOARD OF COMMISSIONERS Action Avila Item No.tjIQ ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 8, 1987 SUBJECT: WATER CONSERVATION ORDINANCE AMENDMENT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 TABLES I AND II TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of amending Tables I and II of the Water Conser- vation Ordinance. BACKGROUND: The Division of Water Resources has recomputed elevation of water below Lake Orange spillway. The existing ordinance computed elevation of water below Lake Orange, Spillway which did not include the "dead pool" (water that -can not be drained from lake) . The new computations from the State include the dead pool and account for the flashboard, which raises Lake Orange one foot. RECOMMENDATION(S) : Amend Water Conservation Ordinance to reflect changes in Tables I and II which include dead pool and based on spillway at 614 feet (Attachment II) . Amend ordinance to reflect increased water capacity based on spillway at 615 feet (Attachment III) effective January 1, 1989. N 1 2 3 r f (, ,, 4 5 6 7 8 9 0 Hi, Bev. This is yer of LaserJet talkin' . Don't you ever get home in time for a decent supper? ii i MSTING ORDIMME TASTE I UNIVERSITY LAIC LAKE ORANGE ClONSMATION STAGE (ATTI'ACHNIT I) CONSERVATION STAGE Mnanom UETM*MWICN Elevation of Usable Iffmi r Usable Water Below Total Storage Above Mean Usable Storage Lake Orange Storage Usable (in Sea Level Days (in Spillway (in Days millions) (in feet) Left millions) (in feet) millions) Left , 427 I. NOMAL fall I. NORMAL 387 FULL (100% storage) (loot usable storage) 349 II. ALEEI`' 347 (24" II. ALM 307 20411 ( 60t storage) below full) (80% Usable storage) iII. FD1FafING 346 [35" III. WAFT M 268 3'9" 324 ( 50$ age) belay full) (70t Usable storage) g (60% Usable storage) 230 506" 272 256 IV. EANGM 344.5 (5411 IV. DANGER 192 614" (40% storage) below full) (501 storage) 341 (9611 V. II�RGSNCY 153 7'5" 222 V' (3�0% ssttoorage) below fall) (40$ storage) lea VI. CRISIS 341 (9611 VI. CRISIS 115 914n (20% storage) below full) (30$ storage) VII. UNUSABLE STORAGE 42 14' 85 (10% and below) Usable storage equals total lake volume less Mead pool." Head pool equals 10% of total lake volume. EXISTING ORDINANCE TABLE II DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NORTH CAROLINA (ATTACHMENT I) WITHDRAWAL REDUCTIONS THROUGH CONSERVATION & WATER TRANSFER (ASSUMES NO TRANSFER FROM MEHANE/GRAHAM/BURLINGTON) PERCENT OF TARGET PERCENT WATER USAGE/ALLOCATION LIMIT-MGD USABLE ELEVATION ACTION STORAGE AT WATER BELOW EXTENT OF REDUCTION THRU ORANGE' oIEDMONT INSTREA� TOTAL STAGES LAKE ORANGE SPILLWAY CONSERVATION CONSERVATION HILLSBOROUGH OWASA ALAMANCE MINERALS FLOW .80 .15 1.10 4.35 I. Normal 100% 0 None None 1.80' .50 , (Below normal 2.20 Lake Orange water ,65 3.10 II. Alert 80$ 2'4" Voluntary 10$ thrII voluntary 1.60 (A] .72 .13 2.20 restrictions 31911 Mandatory 15% thru mandatory 1.57 (A) .68 .12 .65 2.98 III. Warning 70$ 2.20 restrictions .39 2.72 60% 51611 6'4'1 Severe 17% severe mandatory 1.50 (A) .66 .12 .39 2.67 IV. Danger 50$ restrictions Mandatory 2.20 2.08 1.37 (A) .60 .11 0 V. Emergency 40% 7'5'+ Stringent 24% stringent mandatory restrictions Mandatory 2.20 1.22 VI. Crisis 30% 0411 Rationing 55% water rationing .80 (A) .36 .06 0 VII. Usable 10% 14 ft. Storage h During STAGES II-VI of prescribedhinLthisOordinancesandaasoprescribed in n sanyhcantractlbof usabl Oe days and other which may water users named in this TABLE II. Any sources availablentoh n OWASAis less rthan ntheenumberrof usable days offwaterr remaining from all other water supply remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake supply Lake eservoirs ofcLakenBenuJohnson,on the water sup from other sources. The number of usable days of water remaining in Corporation Lake and Lake orange including augmentation from oththisoTASLE Hall be determined using the water usage .Nt ; C*2 REVISION OF ORDINANCE TO REFLECT INCORRECT TABLE I URIVP3LS1'TY LAM COMPUTATIONS f AKF � CMSEMT'ION STAGE CONSERVATION STAGS u mmano4r (ATTACHMENT II) Elevation of Usable Level r usable Water Below Total Storage Above Mean Usable Ab storage Lake orange Storage Usable in sea Level Days spillway millions) (infeet) millions) Left millions) (in feet) Left ( I. tiOIAiAL I. Nom-M, Pull 3B4 FULL 427 (100$ storage) (100$ usable storage) II. ALERT II. ALM 347 (2411 (80% Usable storage) 307 22" 341 ( 60$ storage) below full) III. WARNE}fG III. MINING 346 (3611 (701 Usable storage] 269 35" 299 ( SO storage) wow full) (60% Usable storage) 231 4971 256 IV. Dm1GER 344.5 (5411 IV. (50% storage) below full] torage) 192 6711 213 (40% storage) V. EERGENCY V. 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C II+ 101 m .0 lm+ -C•1 7,W t%O+m l4 0-1.1•0+ m 1) m 11 0 m -1 10 O 14 to m C C.0 JJ.1 x • 'x+'C 3 4 3 0 W .Li 0 p) 0 S a C C 011 m 0 • -. L11-I.1 0 m 1`I - 0 to to tR H R.to - M 7 M H .A JJ a E O )w fa U M M N r , _ ORANGE COUNTY Action Ag +d `d BOARD OF COMMISSIONERS It Ho. ACTION AGENDA ITEM ABSTRACT II��1 ME NG DATE 8 September, 1987 .2 1 8 Subject: A LOCAL ENVIRONMENTAL IMPACT STATEMENT ORDINANCE IBOARD OF COMMISSIONERS I Public Hearing: Yes I no I Department: 1 l Attachments: Information Contact: YES Commissioner 3S2i E9,lbaklO111 Phone-Numbers: 73� > �+o�- a 227-0231 PU E: To consider the need for developing a Local Environmental Impact Statement Ordinance after orderly study by Planning Staff, deliberation by the Planning Board, Environmental Affairs Board and Public Hearing. BACKGROUND: Chapter 113-A appears to provide the necessary enabling legislation. Enclosed is a copy of the administrative procedures for that Act supplied to me by Milton Heath. I should propose that the Ordinance be ready for public hearing in November and consideration for adoption in January, 1988. RECOMMENDATION: Refer to Manager for implementation according to above schedule. 1 • 219 ADMINISTRATION - ENVIRONMENTAL POLICY ACT TO1: 25 . 0100 CHAPTER 25 - NORTH CAROLINA ENVIRONMENTAL POLICY ACT SECTION . 0100 - GENERAL PROVISIONS . 0101 STATEMENT OF PURPOSE . 0102 SCOPE . 0103 DEFINITIONS . 0104 DESIGNATION OF LEAD AGENCIES . 0105 DETERMINATION: FILING ENVIRONMENTAL IMPACT STATEMENT . 0106 PROCEDURE FOR APPEAL OF ENVIRONMENTAL FINDING History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1976; Readopted Eff. February 27, 1979; Repealed Eff. February 1, 1986. . 0107 STATEMENT OF PURPOSE This Chapter establishes procedures for compliance with the North Carolina Environmental Policy Act, Article 1 Chapter 113A of the General Statutes, (NCEPA) . NCEPA establishes policy and contains action-forcing provisions for carrying out that policy. Therefore, to the fullest extent possible all agencies' policies, rules, and regulations, shall be interpreted and administered in accordance with the purposes and policy set out in G.S. 113A--2 and 3 in this Chapter. Agencies shall adopt procedures to supplement or to carry out the provisions of this Chapter in a consistent, timely, and expeditious manner including continuous monitoring of all agency actions to assure compatibility with the policies of NCEPA. History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1986. . 0108 SCOPE (a) This Chapter is applicable to any situation where there is: (1) an expenditure of public monies; and (2) an action by a state agency subject to this Chapter; and (3) a potential environmental effect upon either natural resources, public health and safety , natural beauty, or historical or cultural elements of the state's common inheritance. NORTH CAROLINA ADMINISTRATIVE CODE 01/08/86 25-3 ADMINISTRATION -- ENVIRONMENTAL POLICY ACT TOl: 25 . 0200 responsibility will be sought. Where no agreement is reached among the agencies, the secretary of the department, with the advice of the Environmental Policy Act Advisory Council, shall designate the 220 2 State Project Agency. The other involved agencies shall be cooperating agencies. (b) Local projects. State agencies may ask local agencies or special purpose units of government to submit information about the proposed activity where the local government is involved in planning, construction, or otherwise conducting the project or program, and the only state involvement is permit granting or plan approval; however, the State Project Agency is ultimately responsible for compliance with the act. History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1986 . 0211 STATE CLEARINGHOUSE (a) The department shall maintain a clearinghouse to coordinate and administer the requirements of this Chapter. (b) Among its responsibilities the Clearinghouse shall: (1) receive and circulate environmental documents for review and comment as provided by these Rules; (2) forward all comments generated by the review process to the State Project Agency and, where appropriate, prepare a single integrated letter of response; (3) retain a complete record of environmental documents, review comments, and other substantive materials related to the operation of the Clearinghouse; (4) train review coordinators from within all state agencies; and (5) coordinate the establishment of minimum criteria and ensure that thresholds are consistent among all agencies. History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1986. . 0212 ENVIRONMENTAL BULLETIN (a) The Environmental Bulletin will be published twice a month by the Clearinghouse and will contain notice of any filing with the department of any environmental document, request for establishments of minimum criteria, or other documents and decisions as set out by this Chapter. NORTH CAROLINA ADMINISTRATIVE CODE 01/08/86 25-6 ADMINISTRATION - ENVIRONMENTAL POLICY ACT TO1 25 .0200 (b) The Environmental Bulletin shall be made available to all review agencies and will be available to local governments, institutions, and individuals upon request. SECTION . 0400 COMPLIANCE . 0401 METHOD OF COMPLIANCE (a) Unless a project falls below the threshold established in an agency's approved minimum criteria, compliance with this Chapter will be achieved through the preparation of one or more of the 3 following environmental documents: (1) an environmental assessment (EA) (2) a finding of no significant impact (FONSI) , or (3) an environmental impact statement (EIS) . (b) The agency responsible for compliance may choose to immediately prepare an EIS if the proposed project is of significant size or complexity. (c) For all other projects not covered by minimum criteria, an EA shall be prepared. (d) If the EA demonstrates that the project activity will not have a significantly adverse affect on the quality of the environment, the State Project Agency will file a FONSI. (e) If the environmental assessment demonstrates that the project may result in a significant adverse affect on the quality of the environment, the State Project Agency will file an EIS in accordance with Section .0600 of this Chapter. History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1986. .0402 DOCUMENT UNDER NEPA DEEMED ADEQUATE If an environmental document is prepared under the provisions of the National Environmental Policy Act (NEPA) for a specific activity, and if that document is reviewed through the Clearinghouse process, then this review shall constitute compliance with the requirements of this Chapter for that activity. History Note: Statutory Authority G.S. 113A-1 through 113A-10: Eff. February 1, 1986. NORTH CAROLINA ADMINISTRATIVE CODE 01/08/86 25-10 ADMINISTRATION - ENVIRONMENTAL POLICY ACT TOL: 25 . 0500 SECTION .0500 - ENVIRONMENTAL ASSESSMENT . 0501 PURPOSE The purpose of the EA is to provide the State Project Agency with a decision making tool to determine if a planned project is of such significance or scope and impact on the environment as to. . . . NORTH CAROLINA ADMINISTRATIVE CODE 01/08/86 25-19 ADMINISTRATIVE - ENVIRONMENTAL POLICY ACT TO1: 25 . 0800 SECTION . 0800 - MAJOR DEVELOPMENT PROJECTS . 0801 SCOPE Local governing bodies, under the provisions of G.S. 113A-8 may t22 4 require environmental documentation from special-purpose units of government and private developers of major projects. This Section establishes the state' s role when this option is exercised. History Notes: Statutory Authority G.S. 113A-8: Eff. February 1, 1986. . 0802 PROCESS (a) Upon the request of the local government, state agencies with jurisdictions by law or special expertise shall advise on matters related to the environmental documentation. This is not to relieve the local government of their responsibility under G.S. 113A-8 or to accept any responsibility on behalf of the state for the preparation of the document. (b) An environmental document as defined in G.S. 113A-4 (2) may be submitted to the Clearinghouse by the local government. The Clearinghouse shall circulate the document for review and comment in the same manner as provided in this Chapter. (c) Upon notification from the local government that an environmental document is to be required, the Clearinghouse shall send notification to all affected state agencies and publish such notice in the Environmental Bulletin. In processing applications for state permits, state agencies shall consider any information generated by the local government pursuant to this section. History Note: Statutory Authority G.S. 113A-8: Eff. February 1, 1986. Till ORANGE COUNTY BOARD OF COMMISSIONERS Action A d Item No. ACTION AGENDA ITEM ABSTRACT 223 Meeting Date: SEPTEMBER 8, 1987 SUBJECT: USE OF ROCK QUARRY FOR WATER STORAGE yes X No DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: INFORMATION CONTACT: rANAGER'S01 ATTACHMENT(S) : NONE TELEPHONE NUMBER: Hillsborough - - 7 2 8101 Chapel Hill Mebane 227-2031 Durham - 688-7331 PURPOSE: Consideration of Rock Quarry as possible water storage. BACKGROUND: Nello L. Teer Company to has submitted a mining (rock quarry) permit t application ion to the North Carolina Department of Natural Resources and Community Development. As a component of the review process, NRCD conducted a public hearing on August 31, to solicit comments regarding the proposed rock quarry in Little River Township. 1987, All citizen comments encouraged NRCD to deny the mining permit. Discussions among citizens, NRCD officcia can ls and Nello Teer o representatives revealed the rock q eanione used as a public water supply/storage after mining P curtailed. In fact, the City of Durham plans to seDNello Teer existing quarry, scheduled to cease op County as a public water storage. Other information indicates the proposed quarry's capacity to store water would be that of Lake Mickie and City of Durham has already requested rights to the proposed quarry which would be located in both Orange and Durham Counties. RECOMMENDATION(S) : Ask Manager to draft letter to Nello L. Teer Company and appropriate State agencies requ esting that if a quarry is have rights located in Little River Township, the County will op erigits to the quarry, for water storage, after the mining has been completed. ORANGE COIL Action Agenda Item BO OF COMMISSIONERS ACTION AGENDA. ITEM AESr T g ACT 224 MEETING DATN Septem e ' Subject: APPOINTMENTS Department: WARD OF COMMISSIONERS OI IO1F publicaring- _____yes �g a Contact: 'Beverly A• Blitbe Information 96B-4501, lumbers: X32-alai' nts- to Cover phone 31 INTITOti Attecl� Under Separate ds. appointed. Bar n s$�OIIers, o only: levels on Commissioners' am information effective I first time for at eYYe the f'r of term maintain, � erSb are announced for expiration To vacancies to to be considered for The following - one vacancy due COUNTY SENIOR Wagner onEN/ /87 .D She desires vacancy due to resignation of B-4 C Linde e eligible. for Jean and is ALA ISORY BOARD - 1 vac ion of Ed reappoin STN ANp MEDICAL CARE ADV _ 1 vacancy due to resignat ton HEA ION o resignat B-6 d Crowe- VICES ADVISORY COMMISSION E 1 vacancy due t B_7 HUMAN SERVICES COMMITTEE UNITY ADVISORY of the Crowe. g HOME COMM the indication B_10 NURSING Matteson- ether with consideration. of Mary Ann announced tog a appointment vacancies are possible been reGeive The following vacan candidates for p recommendation has No recomm recommendations h� status of securing vacancies. No OR WOMEN - 3 vacan COMMISSION - 2 vacancies. p_4 COpIpI15510N E GOMM Two resumes ar ECONOMIC DEVELOPMENT - 2 vacancies.A-5 - ECON COUNCIL received. representat peen a Carrboro RECREATION IrTIKS .ADVISORY p-13 - 1 vacancy for No submitted fDr CITIZENS BOARD - L vacancies.B_� _ COUNTY SENIOR received. COMMITTEE have been rec UNITY ADVISORY No NO resumes IARY NOME COMMUNITY been received.DOMICIL been received. have B-5 tion has - 7 resumes recommends COMMISSION consider N RELATIONS eived• to be cons rec - HUMAN s have been rec would like recommendation 1 Leung wou TY- Pau program. ORGANIZATION ON liaison for this pro9 NATIONAL. t as the for ENDATION: d decides. ECOMM R As the Boar ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 M 6AY. . STEPHEN H.RE HALJRKIOTIS JOHN OSES HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT September 11, 1987 Robert Chandler, Acting Director Division of Community Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, N 27611 - 7687 Dear : Orange County is pleased to submit its Fiscal Year 1987 Housing Demonstration Grant Application for review and consideration by your staff. Funds would be used to increase the housing stock available for low and moderate income residents of Orange County. re funding has the full support of the Orange County Board of Commissioners and represents a continuing, longstanding commitment on behalf of the Board of secure funds to improve the living conditions of low and moderate income citizens.= - Housing Should you-:: have questions ons regarding this application, do not hesitate to contact Tara_L Pikes, .Services Director, at (919) 732-8181 Extension 425.^ _.._. ._.. .- Sincerely, Shirley E. Marshall Chair SEM/ a RESOLUTION AUTHORIZING AN APPLICATION FOR HOUSING DEMONSTRATION GRANT FUNDS NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Orange, North Carolina, that an application for Housing Demonstration Grant funds is hereby authorized. This the 9745 day of `c9074rslbe-p , 1987 Shirle -'shall, Chair Orange County Board of Commissioners ATTEST: Beverly B the, lerk Orange County Board of Commissioners APPLICATION SUMMARY L APPLICANT 2. DATE a. Name: County of Orange Original,dated: 9-11-87 Amendment,dated: b. Street/P. 0. Box: 106 East Margaret Lane 3. TYPE OF APPLICANT c. City: Hillsborough —.City d. Zip Code: 27278 ,.County c. County: Orange f. Contact Person: Tara L. Fikes, Housing Services Directot g. Telephone No.: (919) 732-8181 Extension 425 h. Preparer of Application: Tara L. Fikes 4. PROGRAM CATEGORY 5. PROJECT 6. PROJECT NAME 7. CDBG FUNDS CODE . NUMBER REQUESTED HD 1 Orange County Housing $168,000 Demonstration 1 8. L LOCAL OPTION ACTIVITIES 9. TO TAL $168,000 10. CERTIFICATION b. Typed Name and Title of Chief Elected Official a. To the best of my knowledge and belief, data in this Shirley E. Marshall, Chair application is true and correct, the applicant has _ Orange County Board of Commissioners provided opportunities for citizen participation and c. Signatu e access to information concerning the proposed activities,the document has been duly authorized by _ the governing body of the applicant and the applicant �' will comply with the attached certifications if the d. Date assistance is approved. 9-11-87 mi FOR NRCD USE ONLY 11. DATE RECEIVED 13. ACTION TAKEN 14. AMOUNT FUNDED a. Community Revitalization S - Funded b. Economic Development $ • c. Development Planning S -Not Funded d. Urgent Needs/Contingency S. _ 12. APPLICATION NUMBER Withdrawn e. Local Option S- f. Housing Demonstration S. g. Total $ ORANGE COUNTY COMMISSIONERS 106 EASr HANGAR r LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.I ALKIOiIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT September 11, 1987 Robert Chandler, Acting Director Division of Community ty Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, N.C. 27611 - 7687 Re: sousing Demonstration Grant Application FY 1987 Dear .,L__„_ This is to advise you that the County of Orange will provide direct financial assistance toward completion of improvements identified in the FY 1987 Sousing Demonstration Grant Application in the amount of $22,240. These funds will be used for Phase -I of road construction in the Chestnut Oaks subdivision: If you need additional information, please co n tact- Tara L. Pikes, Housing Services Director, at (919) 732-8181, extension 425. Sincerely, Shirley E. Marshall Chair U.S. DEPARTMENT r OF AGRICULTURE ra+ ••.eovID 09.11 me•s.+9w roar rave ' Food and Nutrition Service ASSURANCE COMPLIANCE FOOD AND NUTRITION SERVICE. UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Orange County Health Department %Name of Applicant) (Hereinafter called the "Applicant.") NAY AGES TRAT it will comply with Title VI any improvements made with Federal financial assistance extended to the Applicant by the of the Civil lights Act of 1964 th.L. 88-352) Department. This includes any federal agreement. and all requirements imposed by the Regulations or other contract which has as one arrangement, of the e Department Justice of (28 CFR Pe t7 42 Part 15). of its purposes the provision of assistance such Department of ]vesior regulations laR Parts issued d 50). as food, food stamps, cash assistance for the and pursuant directives Act or and Regulations,ationd urchase of food, and cash assistance for purchase effect to that Act and cth United Sta. to the p person in the United States shall, or rental of food service equipment or any other on ghou. no pe financial assistance extended in reliance on the be excluded from of pace. ipaor. of national edithe. representations and agreements made in this be excluded from participation in. be denied the assurance. benefits of, or be otherwise subject to discrimi- nation under any program or activity for which the BY ACCEPTING THIS ASSURANCE, the applicant agrees from the received Federal financial ciaE aSUR ASSURANCE to compile data, maintain records and submit Eras ohs Deparwdi end take y sea urea THAT it will immediately take any measures reports as required, to permit effective enforce- necessary of Title VI and permit authorised USDA necessary to effectuate this agreement• personnel during normal working hours to review THIS ASSURANCE is given in consideration of and such records, books and accounts as needed to for the purpose of obtaining any and all Federal ascertain Title VI. If there are financial assistance, grants and loans of Federal any iolatiors. Food and suranceon herDipe. shall donat. reimbursable expenditures, grant e or have right to seek judicial enforcement of donation of Federal property and interest in this assurance.property, the detail of Federal personnel. the rale and lease of, and the permission to use, Federal property or interest in such property t or This assurance is binding on the applicant, its the furnishing of services without consideration successors. transferees, and assignees as long as it receives assistance or retains possession of or on w•hich nominal consideration. or at a of assts- any assistance from the Department. The person anion a rem pi reduced or in cog purpose of assist- or persons whose signatures appear below are inn the nteresene. or se recognition of the authorised to sign this assurance on the behalf of public interest to be served by such sale, lease. the applicant• or furnishing of services to the recipient, or Dated 9-447 Adidy ofklig--140----• ieant) By • (Till of author ssdal) Chair, Orange County Commissioners 300 W. Tryon Street (Address o Applicant) progrramseunlessethi■ Assuranceaistcompleted paid and filed as under required by Nutrition existingService regulationsFederal (7 CFRassistance . r0•39 ru ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND HUMAN ERV SERVICES REGULATIO L DER TITLE VI OF THE CIVIL RIGHTS ACT OF. 1964 Orange County Health Department (hereinafter called the "Applicant") Name of Applicant(type or print) HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964(P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race,color, or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Depart- ment; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department,this Assurance shall obligate the Applicant,or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided,this Assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this Assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,contracts, property,discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.The Applicant recognizes and agrees that such Federal finan- cial assistance will be extended in reliance on the representations and agreements made in this Assurance, and that the United States shall have the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Applicant. Date . 9--r-r7 Orange County Health Department Applicant(type pent) a and Tide of Authorized Official Chair, Orange County Commissioners 300 W. Tryon Street Hillsborough, NC 27278 Applicant's maims address HHS-441 (Rev. 12/52) STAB of NO CAROLINA AGREEMENT COUNTY of ORANGE THIS AGREE, made and entered into this first day of August 1987, by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "the University", for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department, hereinafter referred to as the "OCHD". W ITNE S SETH: WHEREAS, the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS, the OCHD is the operator of two outpatient facilities known as the Orange County Health Department, located in Carrboro and Hillsborough, North Carolina, hereinafter referred to as the "Health Department"; NOW SORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and the University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director, the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b. advise the Health Director on the medical implications of alternatives in clinical program functioning and management; c. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; Agreement between UNC-CH and the PAGE 2 Orange County Health Department d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. adivse and assist staff in epidemiological investigations; g. be responsive to community public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality/quantity control mechansisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on-site visits and phone conversations to discharge responsibilities at the Department. m. participate in Division Head management meetings; - n. discharge the above listed responsibilities through and with knowledge aforehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon clinician services with patient care in family planning, prenatal care, tuberculosis, sexually transmitted disease, general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics on Tuesday in Hillsborough, Wednesday in Carrboro and Thursday in Hillsborough and/or Carrboro as appropriate to work and clinic schedule. MEL Agreement between UNc-CH and the PAGE 3 Orange County Health Department 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these clinic schedules. Although Medical Director or back-up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m., it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on these days. Additionally, the Medical Director will attend once a month a prescheduled tuberculosis control clinic at the Carrboro facility on Thursdays for two hours. 6. The Department will maintain current registration and licensure and warrants such to the OCHD. I ; 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with then accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, THIRTY FIVE THOUSAND DOLLARS ($35,000.00) yearly. This shall be made in equal monthly installments of TWO THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND SIXTY SIX CENTS ($2,916.66) for eleven months not to exceed a total of THIRTY TWO THOUSAND EIGHTY THREE DOLLARS AND TWENTY SIX CENTS ($32,083.26) . 11. The University shall bill the OCHD on a monthly basis with first bill being dated August 1, 1987 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. ■ Agreement between UNC-CH and the PAGE Orange County Health Department 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, meetings, correspondence and publications necessay to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide a minimum of sixteen (16) hours per week of administrative and medical services. These services will be provided by the Medical Director and the back-up physician unless a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD so as to avoid unreasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back-up physician become unwilling or unable to perform the duties required by this Agreement, the University and the OCHD shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of eleven (11) months, from the first day of August, 1987 to the thirtieth day of June, 1988 and shall be renewable annually thereafter upon written notice executed by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least thirty days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with the University that, in its educational and/or employment practices, the OCHD will comply with such non-discrimination laws as may be applicable to it in the performance of this Agreement. The Department hereby Agreement between UNC-CH and the PAGE 5 Orange County Health Department agrees to abide by pertinent rules and regulations of the OCHD. Orange County and the North Carolina Division of Health Services in the conduct of service. 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR and ON BEHALF of FOR and on BEHALF of ORANGE COUNTY HEALTH DEPARTMENT THE UNIVERSITY of NORTH CAROLINA (>(AllidiLddr.' 4414; Yr. ff9".14 fr Charles L. Harper, Interim Health Director Farris Womack. Vice-Chancellor Business and Finance DATE: /S`///:577 DATE: 7/2-7 S 7 ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." 727-1".1 f/if Orange County Finance Director DATE: ?" -/O- S7 //. // t!/#47/444/ e.Z__. AK CHAIRMAN. p-t COUNTY BOARD of COMMISSIONERS DATE: STATE of NOS CAROLINA COUNTY AGREE MENT of o THIS AGREEMENT made and entered into this first day of August 1987, by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "the University", for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department, hereinafter referred to as the "OCHD". W ITNBS SBTH: WHEREAS, the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS, the OCHD is the operator of two outpatient facilities known as the Orange County Health Department, located in Carrboro and Hillsborough, North Carolina, hereinafter referred to as the "Health Department"; Nap, THEREFORE, in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and the University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director, the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b. advise the Health Director on the medical implications of alternatives in clinical program functioning and management; c. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; Agreement between UNC-CH and the PAGE 2 Orange County Health Department d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. adivse and assist staff in epidemiological investigations; g. be responsive to community public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality/quantity control mechansisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on-site visits and phone conversations to discharge responsibilities at the Department. m. participate in Division Head management meetings; - n. discharge the above listed responsibilities through and with knowledge aforehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon clinician services with patient care in family planning, prenatal care, tuberculosis, sexually transmitted disease, general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics on Tuesday in Hillsborough, Wednesday in Carrboro and Thursday in Hillsborough and/or Carrboro as appropriate to work and clinic schedule. Agreement between UNC-CH and the PAGE 3 Orange County Health Department 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these clinic schedules. Although Medical Director or back-up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m., it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on these days. Additionally, the Medical Director will attend once a month a prescheduled tuberculosis control clinic at the Carrboro facility on Thursdays for two hours. 6. The Department will maintain current registration and licensure and warrants such to the OCHD. 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with then accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, THIRTY FIVE THOUSAND DOLLARS ($35,000.00) yearly. This shall be made in equal monthly installments of TWO THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND SIXTY SIX CENTS ($2,916.66) for eleven months not to exceed a total of THIRTY TWO THOUSAND EIGHTY THREE DOLLARS AND TWENTY SIX CENTS ($32,083.26) . 11. The University shall bill the OCHD on a monthly basis with first bill being dated August 1, 1987 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. Agreement between UNC-CH and the PAGE 4 Orange County Health Department 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, meetings, correspondence and publications necessay to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide a minimum of sixteen (16) hours per week of administrative and medical services. These services will be provided by the Medical Director and the back-up physician unless a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD so as to avoid unreasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back-up physician become unwilling or unable to perform the duties required by this Agreement, the University and the OCHD shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of eleven (11) months, from the first day of August, 1987 to the thirtieth day of June, 1988 and shall be renewable annually thereafter upon written notice executed by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least thirty days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with the University that, in its educational and/or employment practices, the OCHD will comply with such non-discrimination laws as may be applicable to it in the performance of this Agreement. The Department hereby n P Agreement between UNC-CH and the Orange County Health Department PAGE 5 agrees to abide by pertinent rules and regulations of the OCHD, Orange County and the North Carolina Division of Health Services in the conduct of service. 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR and ON BEHALF of FOR and on BEHALF of ORANGE COUNTY HEALTH DEPARTMENT THE UNIVERSITY of NORTH CAROLINA (.7)(44t4; 4/ir Charles L. Harper, Interim Health Director Farris Womack, Vice-Chancellor Business and Finance DATE: /f`/r7 DATE: 7 Z 7 7 1 ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." /"..-7-97-e/62-1 - Orange County Finance Director DATE: 117' -/0- 87 AK CHAIRMAN, !!y: COUNTY BOARD of COMMISSIONERS DATE: _ 9r 1-17 • STATE of NORTH CAROLINA Flu CUP1 COUNT! of ORANGE AGREEMENT IS AGREEMENT, made and entered into this first day of August 1987, by and between the University of North Carolina at Chapel Hill, hereinafter referred to as "the University". for its Department of Family Medicine in the School of Medicine, hereinafter referred to as the "Department" and the Orange County Health Department. hereinafter referred to as the "OCHD". W I T N E S S E T S: WHEREAS. the Department desires to provide Medical Director services and to participate in the provision of medical care for the citizens of the community and; WHEREAS. the OCHD is the operator of two outpatient facilities known as the Orange County Health Department. located in Carrboro and Hillsborough. North Carolina, hereinafter referred to as the "Health Department"; NOW. TORE. in consideration of the premises and the following mutual covenants and conditions and any sums to be paid, the OCHD and the University agree as follows: 1. The Department will render professional consultation as Medical Director. As Medical Director. the Department shall: a. act as the principal advisor to the Health Director in matters of medical policy; b. advise the Health Director on the medical implications of alternatives in clinical program functioning and management; c. represent the Health Department in interagency relationships which involve medical expertise at the request of the Health Director; Agreement between UNC-CH and the PAGE 2 Orange County Health Department d. advise and interpret the regulatory requirements related to medical aspects of the Department's functions; e. provide coordination to medical components of the clinical programs of the department; f. adivse and assist staff in epidemiological investigations; g. be responsive to community public health concerns directly and in consultation with the Director; h. assist the Health Director or designee in establishment of medical procedures and quality/quantity control mechansisms; i. assist in data analysis towards identification of public health concerns; j. work with the Health Director on formulation of public health concerns; k. assist with evaluation of programs; 1. maintain close contact and availability through on-site visits and phone conversations to discharge responsibilities at the Department. m. participate in Division Head management meetings; n. discharge the above listed responsibilities through and with knowledge of orehand of the Director; o. other miscellaneous duties as necessary. 2. The Department shall provide agreed upon clinician services with patient care in family planning, prenatal care, tuberculosis, sexually transmitted disease, general communicable disease control and adult health preventive services, within State and Federal practice guidelines and program rules. 3. Other work activities shall include coordination with the Pharmacy Manager for control and dispensing to insure that it occurs in accord with State law and Pharmaceutical Rules and Regulations in addition to Medical Director duties. 4. This Agreement covers the clinics on Tuesday in Hillsborough, Wednesday in Carrboro and Thursday in Hillsborough and/or Carrboro as appropriate to work and clinic schedule. Agreement between UK-CH and the PAGE 3 Orange County Health Department 5. The Tuesday, Wednesday and Thursday clinics shall commence at 8:00 a.m. and terminate when the last patient is seen following the close of registration, which shall occur no later than 5:30 p.m. The Department is responsible for the entirety of these clinic schedules. Although Medical Director or back-up physician atten- dance is not required on premises from 8:00 a.m. until 2:00 p.m., it should be available whenever needed. However, it is required that physician attendance shall occur minimally between 2:00 p.m. and 5:00 p.m. on these days. Additionally, the Medical Director will attend once a month a prescheduled tuberculosis control clinic at the Carrboro facility on Thursdays for two hours. 6. The Department will maintain current registration and licensure and warrants such to the OQiD. 7. The Department will insure self for malpractice. 8. The Department will relate to all patients and staff of the OCHD in a professional and instructional manner. 9. The Department will offer medical consultation in accord with then accepted methods and procedures. 10. The OCHD agrees to pay the Department in return for the above services, THIRTY FIVE THOUSAND DOLLARS ($35,000.00) yearly. This shall be made in equal monthly installments of TWO THOUSAND NINE HUNDRED SIXTEEN DOLLARS AND SIXTY SIX CENTS ($2,916.66) for eleven months not to exceed a total of THIRTY TWO THOUSAND EIGHTY THREE DOLLARS AND TWENTY SIX CENTS ($32,083.26) . 11. The University shall bill the OCHD on a monthly basis with first bill being dated August 1, 1987 and the OCHD shall pay the University within thirty (30) days of receipt of the University's bill. Any adjustments to the billing shall be taken into account in the next succeeding bill or as soon thereafter as reasonably practicable. Agreement, between UNG-CH and the PAGE 4 Orange County Health Department 12. The OCHD agrees to furnish all supplies, equipment and other staff needed by the Medical Director; to include the Medical Director in all appropriate conferences, meetings, correspondence and publications necessay to appropriate discharge of Medical Director's duties within budgetary constraints. 13. The Department agrees to provide a minimum of sixteen (16) hours per week of administrative and medical services. These services will be provided by the Medical Director and the back-up physician unless a Department substitute is prearranged. Service beyond the minimum shall be arranged by the Department and the OCHD so as to avoid unreasonable length of service. The Medical Director will report activities and services performed to OCHD as requested by the Health Director. 14. In the event that the Medical Director and back-up physician become unwilling or unable to perform the duties required by this Agreement, the University and the OCHD shall attempt to mutually agree upon replacement. If such mutual agreement is not achieved, then this Agreement shall terminate and any payment due as of the date of termination shall be paid. 15. This Agreement shall run for a period of eleven (11) months, from the first day of August, 1987 to the thirtieth day of June, 1988 and shall be renewable annually thereafter upon written notice executed by both parties. 16. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least thirty days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 17. The OCHD hereby agrees with the University that, in its educational and/or employment practices, the OCHD will comply with such non-discrimination laws as may be applicable to it in the performance of this Agreement. The Department hereby Agreement between UNC-CH and the PAGE 5 Orange County Health Department agrees to abide by pertinent rules and regulations of the OCHD. Orange County and the North Carolina Division of Health Services in the conduct of service. 18. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 19. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WOOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR and ON BEHALF of FOR and on BEHALF of ORANGE COUNTY HEALTH DEPARTMENT THE UNIVERSITY of NORTH CAROLINA 1 .�.-� 411 14: ffCharles L. Harper, Interim Health Director Farris Womack, Vice-Chancellor /k Business and Finance �v DATE: /f/ /7 DATE: 127 ORANGE COUNTY FINANCE DIRECTOR: "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act." Orange County Finance Director DATE: g -/O- &7 gio#41441.4._oz___ CHAIRMAN, • ' ' COUNTY BOARD of COMMISSIONERS DATE: 9- f''F7 COPY ASSURANCE OF COMPLIANCE WITH THE DEPAR T OF HEALTH AND HUMAN SERVICES REGULATION UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF. 1964 Orange County Health Department (hereinafter called the "Applicant") Name of Applicant(type or print) HEREBY AGREES THAT it will comply with Title VI of the Civil Rights Act of 1964(P.L. 88-352) and all requirements imposed by or pursuant to the Regulation of the Department of Health and Human Services (45 C.F.R. Part 80) issued pursuant to that title, to the end that, in accordance with Title VI of that Act and the Regulation, no person in the United States shall, on the ground of race,color, or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance from the Depart- ment; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department,this Assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is so provided,this Assurance shall obligate the Applicant for the period during which it retains ownership or possession of the property. In all other cases, this Assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,contracts,property,discounts or other Federal financial assistance extended after the date hereof to the Applicant by the Department, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date.The Applicant recognizes and agrees that such Federal finan- cial assistance will be extended in reliance on the representations and agreements made in this Assurance, and that the United States shall have the right to seek judicial enforcement of this Assurance. This Assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this Assurance on behalf of the Applicant. Date g—if Orange County Health Department Applicant(type or iu) By • e and Title of Authorized Official Chair, Orange County Commissioners 300 W. Tryon Street Hillsborough. NC 27278 Applicant's mailing address • HHS-441 (Rev. 1212) 7_ ... ..-_!" RIGHT OF WAY AGREEMENT STATE OF NORTH CAROLINA COUNTY OF Orange Street A and Street B - Cauncilviiie TOWNSHIP OF Chanel Hill Local Name of Road Parcel 1 Orange County the undersigned owners of that certain right of way recorded in the Register of Deeds office of Oranae County, and referred to as follows: PARCEL TOWNSHIP ID # MAP,BLOCK, LOT NAME RECORDED 9768-58-8891 7 . 113 .C. 17 9768-58-8907 7 . 113 .C . 17B 9768-58-6423 7 . 113 .C . 19 9768-58-6065 7 . 113 .C. 18B 9768-58-44i5. 7 . 113 .C . 18 9768-58-8689 7 . 113 .C. 17D 9768-58-9561 7 . 113 .C. 23 Minor Deed Book 526, Page 496 9768-58-8895 7 . 113 .C . 17 9768-58-81o7 7 . 113 .C . 17B 9768-58-6423 7 . 113 .C . 19 9768-58-6065 7 . 113 . C . 18B 9768-58-4µ45 7 . 113 .C . 18 9768-58-8689 7 . 113 .C. 17D 9766-58-9561 7 . 113 .C . 23 Colson Deed Book 525 , Page 447 976c. -58-6145 7 . 113 .C . 18A Davis Deed Book 525 , Page 446 9761-58--6226 7 . 113 .C . 18C Atwater Deed Book 525 , Page 445 9766-58-5341 7 . 113 .C . 18D Baldwin Deed Book 525 , Page 444 9768-58-6423 7 . 113 . C . 19 Jones Deed Book 526 , Page 494 9768-58-5852 7 . 113 .C . 16 Parrish Deed Book 539 , Page 115 9768-59-7036 7 . 113 . C. 15 Harris Deed Book 525 , Page 443 9768-59-9238 7 . 113 .C . 13 9768-59-8149 7 . 113 .C. 14 Fryar Deed Book 525 , Page 422 9768-69-0325 7 . 113 .C . 12 Basden Deed Book 528 , Page 592 9768-59-9545 7 . 113 .C. 11 Foggie Deed Book 525 , Page 442 9768-59-9708 7 . 113 .C . 10 Atwater Deed Book 525 , Page 441 9768-69-4645 7 . 113 .C . 25B Ingram Deed Book 525 , Page 440 9768-79-5739 7 . 1 1 A l n r , w...4 .._ _ , ... - - - -- Street A apd Street B - Counciiv}lle Local Name of Road Parcel 1 recognizing the benefits to said right of way by reason of the Department of Transportation assuming responsibility for the maintenance of the above- described road, hereby grants to the Department of Transportation, the rignt of way for said proposed roads being 50 feet in width, 25 feet on each side of the center line of the proposed roads and releases the Department from all claims for damages by reason of said right of way across the lands of the undersigned and the past and future use thereof by the Department , its successors and assigns for all purposes for which the Department is authorized by law to subject said right of way; said right of way is shown upon plans for the project in the office of the Department of Transportation in Raleigh. It is further agreed that the property owner will erect no fencing nor engage in cultivation upon the right of way referred to herein. There are no conditions to this agreement not expressed herein. The undersigned hereby covenant that they are the sole owners of said right of way; that they solely have the right to grant this right of way, and that they will forever warrant and defend the title to the same against the lawful claims of all persons whomsoever . IN WITNESS WHEREOF, we have hereunto set our hands and affixed our seals this the 97 _day of, .5 c , 19 ,577 . // ORANGE C LINTY. Attest . / �+ Ae/ /. (SEAL) By: ,'.:. ,(SEAL) / Y / Clerk Cha n, County Board, of- . (SEAL) Commissioners (SEAL) (SEAL) ,; A SEAL) EAL) DRAWN FOR DEPARTMENT :.O.F. TRANSPORTATION By • :. . NORTH CAROLINA, URA-104;E:- COUNTY U.S. DgpAr«Tlmrr of AGRICULTURE •e«• 090•Me•• "" •° .aa� Food and Nutrition Service FILE COPY ISMS ASSURANCE OF COMPLIANCE WITH THE DEPARTMENT OF AGRICULTURE. FOOD AND NUTRITION SERVICE, UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 Orange County Health Department tHase of Applicant) (Hereinafter called the "Applicant.") HEREBY AGREES THAT it will comply with Title VI any improvements made with Federal Financial of the Civil Rights Act of 1964 (P.L. 88-352) assistance extended to the Applicant by the and all requirements imposed by the Regulations Department. This includes any Federal agreement. of the Deper dent of Agriculture (7 CFR Part 15), arrangement, or other contract which has .s one Department of Justice (28 CFR Parts 42 4 50), of its purposes the provision of assistance such and ?N$ directives or regulations issued as food, food stamps, cash assistance for the pursuant to that Act and the Regulations. to the purchase of food, and cash assistance for purchase effect that, no person in the United States shall, or rental of food service equipment or any other on the ground of rave, color, or national origin. financial assistance extended in reliance on the be excluded from participation in, be denied the representations and agreements made in this benefits of, or be otherwise subject to discrimi- assurance. nation under any program or activity for which the BY ACCEPTING THIS ASSURANCE. the applicant agrees Applicant received Federal financial assistance to compile data, maintain SASSURANCE, records, r and submit from the Department; and HEREMY GIVES ASSURANCE THAT it will immediately take any measures reports as required, to permit effective enforce- necessary to effectuate this agreement. . sent of Title VI and permit authorized USDA personnel during normal working hours to review THIS ASSURANCE is given in consideration of and such records, books and accounts as needed to for the purpose of obtaining any and all Federal ascertain compliance with Title VI. if there are financial assistance, grants and loans of Federal any violations of this assurance, the Department funds. reimbursable expendit . grant or of Agriculture. Food and Nutrition Service. shall donation of Federal property and interest in have the right to seek judicial enforcement of property, the detail of Federal personnel, the _ this assurance. sale and lease of, and the permission to use, Federal property or interest in such property or This assurance is binding on the applicant, its the furnishing of services without consideration successors, transfe . and assignees as long as or at a nominal consideration. or at a consider- it receives assistance or retains po ton of atton which is reduced for the purpose of assist- any assistance froe the Department. The person tng the recipient, or in recognition of the or persons whose signatures appear below are public interest to be served by such sale, lease, authorised to sign this assurance on the behalf of or furnishing of services to the recipient. or the applicant. � Dated 9— r�7 if _ p icant)� gy. 4� e. /� c� • (Title of authorized offal) Chair, Orange County Commissioners 300 W. Tryon Street Hillsborough, NC 27278 (Address of Applicant) No further. monies or other benefits may be paid out under Food and Nutrition Service Federal assistance programs unless this Assurance is completed and filed as required by existing regulations (7 CFI 15). re 90,aa ORANGE COUNTY COMMISSIONERS LANE HILLSBOROUGH, FILE COPY 27278 MOSES CAREY.JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT September 11, 1987 Robert Chandler, Acting Director Division of Community Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, Nom. 27611 - 7687 Dear . Orange County is pleased to submit its Fiscal Year 1987 Housing Demonstration Grant Application for review and consideration by your staff. Funds would be used to increase the housing stock available for low and moderate income residents of Orange County. This request for funding has the full support of the Orange County Board of Commissioners and represents a continuing, longstanding commitment, on behalf of the Board of secure funds to improve the living conditions of low and moderate income citizens:= __-- Should you have questions regarding ._.this application, do not hesitate to contact. ra L.- Pikes/ Housing Services Director, at (919) 732-8181 Extension 425_ --___._..._,.-= __ :.,�.._-- _._-._-- Sincerely, Shirley E. Marshall Chair SEMI/ RESOLUTION AUTHORIZING AN APPLICATION FOR HOUSING DEMONSTRATION GRANT FUNDS NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of the County of Orange, North Carolina, that an application for Housing Demonstration Grant funds is hereby authorized. This the 9,45,' day of `c90 iey' , 1987 Shirle - -` shall, Chair Orange County Board of Commissioners ATTEST: A:A Ag4 Beverly B the,qerk Orange County Board of Commissioners • APPLICATION SUMMARY 1. APPLICANT 2. DATE a. Name: County of Orange .$—Original,dated: 9-11-87 .,Amendment,dated: b. Street/P.O. Box: 106 East Margaret Lane 3. TYPE OF APPLICANT c. City: Hillsborough —,—City d. Zip Code: 27278 $.County c. County: Orange f. Contact Person: Tara L. Films, Housing Services Director g. Telephone No-: (919) 732-8181 Extension 425 h. Preparer of Application: Tara L. Pikes 4. PROGRAM CATEGORY 5. PROJECT 6. PRQ)ECT NAME 7. CDBG FUNDS CODE NUMBER REQUESTED HD 1 Orange County Housing $168,000 Demonstration 8. LOCAL OPTION ACTIVITIES 9. TOTAL $168,000 10. CERTIFICATION b. Typed Name and Title of Chief Elected Official a. To the best of my knowledge and belief,data in this Shirley E. Marshall, Chair application is true and correct, the applicant has Orange County Board of Cottmissioners provided opportunities for citizen participation and c. Signatu e access to information concerning the proposed - activities,the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the d. Date assistance is approved. 9-11-87 FOR NRCD USE ONLY 11. DATE RECEIVED 13. ACTION TAKEN 14. AMOUNT FUNDED a. Community Revitalization $ - Funded b. Economic Development $ c. Development Planning $ -Not Funded d. Urgent Needs/Contingency S. 12. APPLICATION NUMBER _Withdrawn e. Local Option $ 1. Housing Demonstration S. g. Total E. ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT September 11, 1987 Robert Chandler, Acting Director Division of Community Assistance North Carolina Department of Natural Resources and Community.Development Post Office Box 27687 Raleigh, N.C. 27611 - 7687 Re: Housing Demonstration Grant Application FY 1987 Dear : This is to advise you that the County of Orange will provide direct financial assistance toward completion of improvements identified in the FY 1987 Housing Demonstration Grant. Application in the amount of $22,240. These funds will be used for Phase I of road construction in the Chestnut Ceks subdivision. _ ._ - ._.. .-. _. ...._.........:. _ If you need additional information, please contact Tara L. Fikes, Housing Services Director, at (919) 732-8181, extension 425. Sincerely/.._. .:. Shirley E. Marshall Chair DRAWN BY: Mark Godley JOB NAME: Orange Medical Center -, '- Form 217(2-80) Formerly 182 NC S. Cameron St., Hillsborough, N.C. STATE OF NORTH CAROLINA r JOB NO.: 438175227 COUNTY OF. Orange KNOW ALL MEN BY THESE PRESENTS, That Orange County, a Body Politic of the State of _North Carol ina, p. corporation. . in consideration of the sum of one ($1.00) dollar and other good and valuable considerations, does hereby grant unto said DUKE POWER COMPANY, its successors and assigns, the right, privilege and easement to go in and upon that d do tract or lot of land situated in said Cand and located in Hillsborough Township, as recorded in Deed Book 209, page 313, Tax Ma. 36 Block D Lot 5- and • ' , - . , _ . - _ , ,,,,- , . = . - limit-pd tp cover only work descri• -d and shown on the attached Exhibit A; 9e14 - 15 - _ q - s - a.1.i8 ; 7Y - a -=- 9• i d r and to construct, maintain and operate in, upon and through aid premises in a proper manner,with poles,wires, guys, conduits, cables, transformers, and other necessary apparatus and appliances, overhead or underground lines for transmitting and distributing power by electricity, and for communication purposes, together with the right at all times to enter said premises for the purpose of inspecting said lines and making necessary repairs and alterations thereon and additions thereto; together with the right at all times to cut away, or by other means to keep clear of said lines, all trees, brush, structures, and other obstructions that may, in any way, c;6 endanger the proper maintenance and operation of the same; also including the right to relocate said lines over cr_, °, said premises to conform to any future highway or street location, widening or improvement. rn C�- Z7 rn This right of way ie, limited to cover only work described and shown on the r"�.-- 'la attached Exhibit A: • — .A: — Orange County, a Body Politic of the State rn IN WITNESS WHEREOF, The said of North Carolina has caused 'c-_ w this instrument to be executed by its proper officials this day of. , 19 . `-- ATTEST: ORANGE COUNTY, A BODY POLITIC OF THE STATE OF NORTH C CARO I, . (SEAL) ,,; By !i<� Secretary President _ (Affix Corporate Seal) STATE-O_F._NORTH � CAROLINA COUNTY OF O'`ri-O I, S 1 di B.+ T• C L evn e'"' , a Notary Public for the above State and County, hereby certify that 1 v e� 1 y Pi, P 1 y tit e_ ersonally came before me this day and acknowledged thatShe is __ Secretary of�Jra"� 1 e. Lain 01"4 0- 30� Pe j 1 t~1 C , a corporation, and that by authority duly given and as the act of said/corporation 'the foregoing and annexed instruvgr' r,, signed in its name by 51) (1,121 g. ftQrSko.It -, its Press it,T�ea(��l��, with its corporate seal and attested by himself as its Secretary- `�,+�J�P �y�•- WITNESS my hand and official seal this the Ct-1 day of S0 ptP m hot►/ 1c :�nT A RY J' :�, I I >; * g. ft Notary Public 0 Pb'B 14\C , 1•• • • ir My Commission Expires O �,`A-e -' ..\--1/4,,,t 179 CO U �.• • F I L� foregoing certificate of ff��IO��'� BOOR!Fd'.F d` I' G' _ of. County, is adjudged to be correct and sufficient. Let the instrument and the certificate, _ be registered. SE? 1 6 4 1 is ItW 11 day of , 19 . RETURN TO: DUKE POW EMWAi N I= H 4 Y S Ann; Edith qrISTER O; .1 E't 11 S Clerk of superior Court P. o. be.Qh&NGE COUNTY.N.C. Chapel Hip, NC 27514 County, N. C. Filed - Day Of , A.D. 19 and recorded in Book Page Fee, $ County, N. C. FORM 05084 IR4-85) Ex I a I /A . I FORMERLY 63-8 ' , ... „ , '`-t h Duke Power inpF GAker LANE. .- /6/' H --- - 4 - _ z_ �`s 17 %)AL PATS dH�/FFS 1 O $ T1AACForC/Y Ka o6Fr 75 KVA I ) /sorvf 1. rt z .f3.1. JJclyKVI , Fu5f 7;,,p$ ® K 5Pcic6 � � 1 i. N a V) 0 3 _ t, ,,, N iz / K ■ m TAX OFFI E .� : . 1,, , ... rte 1 /6° 4,N-397-897 Q(,�'� 9k-4' •� /So KV Tou.)0 OF 1-1-114-5 . jG 0-4/ W$..TE f� 4- sc-a-, rL 0-1.0L g- 2 o6' K.4o re I `ULOCOf_ CALLED LOCATE TV — "` EWER ORAN/SE ic .ICP151 rT„• nmezAc, f . *NO POWER . o$ 1-WIN FORMAT _.. tea- 779 £9 ✓'� �` PROJ : 438175227 NAME : ORANGE MEDICAL CENTR ADDR CAMERON ET. , S. DATE TAKEN : 062:87 DATE WANTED: RATE : r r -r APF'L RED : Y ORD TYPE : SEQ t : TAKEN BY : EGO METH REC ' D : ENGF;' PHONE : 919 732 9311 BLDR : PHONE: ELEC : PHONE : INSPECTION :: REQUIRED Y REC ' D NUMBER CONTRACT : NEEDED TYPE MAILED COST 0 REC' D ENOR: JMG PROJ TYPE : UGZ. GRID : SP : DATE PROMISED : S g75'URVEY WANTED : SURVEY COMPLETED: Z-0-3 - k7 20 i XM INFO : PRI & SEC ., BLDG : 3 'VCµ 3 t�EW LD N UNITS - . CIRCUIT ID : /9a - 9 , COUNTY: 23 TAX DIET :OS-3 MILES REST : COMPANY : MILES ADDED OH : 00 .00 MILES ADDED UG : GO. 0+ COMPANY : MILES ATTACHED : Qa .0D POLES ATTACHED : 0 TO DIS T SVCS : TO CONST : TO OF'ER : 6001 TO METER : REMARKS : I : TRANSFORMER & UG PRIMARY TO SERVE MEDICAL CENTER, S. CAMERON ET, CREW WORK. UNIT SOWED DATE DATE COMPLETED BY - TYPE NUMBER CDMF ASSIGNED COMP LEADER NAME L�/VGD L JN-e DATE VOIDED : PROJECT COMPLETE : ADJACENT MTR NUM : L PRINT REQUESTED(t 1 ) : 062267 1 406 kit 1 44 444144124 iuue , *. .J .___._______ NAME PUBLIC HEARING ITEM 1 - A4 eft .+ VW_ _.. 7a_ A t'e r.1,. C\nAVdke 2. TO PA, a h 6 c 1 isR„ x--- 74 5 3 c_, _ 4 <-- - 5- d C P-iz 12 E Z 1 3 6. - � C: 3 "go l#6EPIA/A /• 7. 7\ C._L ar-1-k 5 F-4.4)-N tv,-, C__ 1 8. 5;///e?_-d P_T-/ c,e... C c? 4-) 9. 10. ' j(, ct '/Mq e'a • a 3 3 goinivoy _A9. ... 11. 6* L11 & rA ?D �ivo ion PhOdi. _ 12. M4/1 ... . ... 0" 13. rLai& A/ SE&-6 A? tic- Mpg ,i 14. 7/014-4-0 Wilt, Af ? 15. `17-11211V Ale(hria5 g/d ////,01b- ttiril,/ 16. k !/ u, /Vs k&IS'eAu Pe. 17- 18. ■ 19 /.�,.,-1-('144 /6--A-1-4-- — - 20. � _ __ „_ . )11410Pie friFtiXe-5 21. _/. --TI___ /114 fr /7 2.3 ' 24. tt ilt/ - 7C G 25. ... _ !/ 26. -)-1-1 - - .- /--1. q- 14--- - - limo/- .P Lzt-tzeds-i-7. 27. fe_4 ..e,4 /1_,_1"-e_i_?___ - e-f-l' 1 N� S� BOLD OF COMMISSIONERS METING 100! g � 1987 - Sillsbarcugh and / September to the meeta.ng' s agenda and NOT Tuesday, according staff Poll' s agenda organized and s the Summary is hi ire Board they occurred■ ^ 732_8181 NOTE: This items which agenda where ,s Office includes rimed agenda appear the Clerk not on the P abstracts in meetings agenda and ext. 505. A. BOARD D AN MANAGERS COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda A asters not on the printed Agenda 2 , M , C. MI1� were approved. The minutes of the May 4 meeting were approved. of the May 19 meeting 18 meeting and The minutes made to the minutes of the August Minor changes were m they were approved. PUBLIC cHARGE VAI C xEARING AND DECIEE Low and Moderai Grant by the The gray Housing Demonstration was reviewed requested. �-• grant application as the Board affordable housi' This g Task Force including s at $375 Income Housing of their concerns, dwelling single family and co$37 , 5 meets several self-esteem jobs. 7 (four ve10 sq• ft. units ( of individual low-skill 7 3. and development volunteers for ow public comments each) h the use of September 11. the P grant throng is due Sep The Board authorized Brent aplappticn were made. authorizing application adopted a Resolution the Chair 4. 1 the grant act activities, authorized aChairi posed P grant application, 22 ,140 and '� submission of the g contribution of $22 ,140 approved the local of commitment to NR CD.sign,Chair to sign a letter Assess d� the Chair erly Drive Preliminary N� Road and Timb the vale Hill from 8/18/87 Meeting) ap 2. Moroi (Continued meeting adopted the F Resolution ( , the 8/18/87 The Board accepted the Ole Questions raised were resolved. The B project, accep or Assessment the petition were this hearing scheduled a public e Resolution for 1987 • of Mailing and October 20,Certificate Assessment Role for preliminary NORTH CAROLINA RESOLUTION PETITIONING BOARD OF TRANSPORTATION TO CLOSE PORTIONS OF S.R. 1100 and S.R. 1116 TO PERMIT COMPLETION OF CONSTRUC- TION AND OPERATION OF CANE ORANGE COUNTY CREEK RESERVOIR WHEREAS, Orange County has been informed by the Orange Water and Sewer Authority (hereafter the Authority) that in order to serve the best interests of the people of Orange County, and particularly in order to provide for and assure a safe and adequate public water supply for present and future Orange County residents who are and will be served by the public water supply system operated by the Authority, the Authority has acquired approximately 745 acres of the total of 758 acres (98%) necessary for the construction of the permanent Cane Creek Reservoir in Bingham Township, Orange County, North Carolina, and expects to acquire the remaining 13 . 3 acres within the near future; and WHEREAS, Orange County has been informed by the Authority that the Authority has constructed and is using a temporary impoundment on a part of the lands acquired for the Cane Creek Reservoir Project, which temporary impoundment is presently an integral part of the Authority' s present water storage and supply system which supplies the existing demand within its service area in Orange County; and WHEREAS , Orange County has been informed by the Authority that the Authority has commenced clearing and construction activities and has made substantial progress 1 • toward completion of the permanent Cane Creek Reservoir on the lands it has acquired for this purpose; and WHEREAS , Orange County has been informed by the Authority that the permanent Cane Creek Reservoir will impound lake waters over and across a portion of S.R. 1100 and over and across a portion of S.R. 1116, and the Authority has acquired those lands adjacent to the said portions of those roadways which will be flooded, and has compensated owners of nearby lands for factors relating to any inconvenience which may be caused by closing of the said portions of the roadways which will be flooded, and those owners have agreed, therefore, that they will not oppose the closing of those roads as herein requested; and WHEREAS, Orange County has been informed by the Authority that in order to permit the completion of construction and operation of the Cane Creek Reservoir Project, and to assure the protection of the quality of the waters of the Cane Creek Reservoir, and thus to serve the best interests of the citizens of Orange County by augmentation and protection of the public water supply available to serve its citizens, it is essential that those portions of S.R. 1100 and S.R. 1116, which will be flooded by the impoundment of the permanent Cane Creek Reservoir, be abandoned and closed between the boundaries of the property acquisition lines of the Authority' s lands; and 2 WHEREAS, the Board of Directors of the Authority has requested that the Orange County Board of Commissioners petition the North Carolina Board of Transportation, pursuant to G.S. 136-63, that those portions of S.R. 1100 and S.R. 1116 which will be flooded by the permanent impoundment of the Cane Creek Reservoir be abandoned and closed. NOW, THEREFORE, BE IT RESOLVED: 1. That in order to permit the completion of the construction and operation of the permanent Cane Creek Reservoir, and to assure and protect the water quality of the Reservoir, the Orange County Board of Commissioners, pursuant to G.S. 136-63, hereby requests that the North Carolina Board of Transportation abandon and close that portion of S.R. 1100, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northwesterly direction a distance of approximately 1600 feet, and which runs therefrom in a southerly direction a distance of approximately 875 feet , and , that the North Carolina Board of Transportation abandon and close that portion of S.R. 1116, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northerly direction a distance of approximately 260 feet, and which runs therefrom in a southerly direction a distance of approximately 330 feet, with the limits of the final abandonment and closing of both roads being all portions of each road within and to the 3 boundaries of the lands owned by the Orange Water and Sewer Authority as the same intersect with the said roads, as the same are shown on the plat attached hereto. Adopted this the 8th day of September 1987. This resolution is effective upon its passage. Thereupon Commissioner Carey moved the passage of the foregoing resolution and Commissioner Halkiotis seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Carey, Halkiotis, Hartwell , Marshall and Willhoit. Noes: 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 8th day of September `, 1987, so far as the same relate to the Resolution Petitioning Board of Transportation to Close Portions Of S.R. 1100 And S.R. 1116 To Permit Completion Of Construction and Operation of Cane Creek Reservoir, as such proceedings are recorded in Minute Book 21 4 WITNESS my hand and the official seal of said Board, this the 8th day of September , 1987. /W-Au04- #41 BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 5 NORTH CAROLINA RESOLUTION PETITIONING BOARD OF TRANSPORTATION TO CLOSE PORTIONS OF S.R. 1100 and S.R. 1116 TO PERMIT COMPLETION OF CONSTRUC- TION AND OPERATION OF CANE ORANGE COUNTY CREEK RESERVOIR WHEREAS, Orange County has been informed by the Orange Water and Sewer Authority (hereafter the Authority) that in order to serve the best interests of the people of Orange County, and particularly in order to provide for and assure a safe and adequate public water supply for present and future Orange County residents who are and will be served by the public water supply system operated by the Authority, the Authority has acquired approximately 745 acres of the total of 758 acres (98%) necessary for the construction of the permanent Cane Creek Reservoir in Bingham Township, Orange County, North Carolina, and expects to acquire the remaining 13 . 3 acres within the near future; and WHEREAS, Orange County has been informed by the Authority that the Authority has constructed and is using a temporary impoundment on a part of the lands acquired for the Cane Creek Reservoir Project, which temporary impoundment is presently an integral part of the Authority's present water storage and supply system which supplies the existing demand within its service area in Orange County; and WHEREAS , Orange County has been informed by the Authority that the Authority has commenced clearing and construction activities and has made substantial progress 1 toward completion of the permanent Cane Creek Reservoir on the lands it has acquired for this purpose; and WHEREAS , Orange County has been informed by the Authority that the permanent Cane Creek Reservoir will impound lake waters over and across a portion of S.R. 1100 and over and across a portion of S.R. 1116, and the Authority has acquired those lands adjacent to the said portions of those roadways which will be flooded, and has compensated owners of nearby lands for factors relating to any inconvenience which may be caused by closing of the said portions of the roadways which will be flooded, and those owners have agreed, therefore, that they will not oppose the closing of those roads as herein requested; and WHEREAS, Orange County has been informed by the Authority that in order to permit the completion of construction and operation of the Cane Creek Reservoir Project, and to assure the protection of the quality of the waters of the Cane Creek Reservoir, and thus to serve the best interests of the citizens of Orange County by augmentation and protection of the public water supply available to serve its citizens, it is essential that those portions of S.R. 1100 and S.R. 1116, which will be flooded by the impoundment of the permanent Cane Creek Reservoir, be abandoned and closed between the boundaries of the property acquisition lines of the Authority' s lands; and 2 WHEREAS, the Board of Directors of the Authority has requested that the Orange County Board of Commissioners petition the North Carolina Board of Transportation, pursuant to G.S. 136-63 , that those portions of S.R. 1100 and S.R. 1116 which will be flooded by the permanent impoundment of the Cane Creek Reservoir be abandoned and closed. NOW, THEREFORE, BE IT RESOLVED: 1. That in order to permit the completion of the construction and operation of the permanent Cane Creek Reservoir, and to assure and protect the water quality of the Reservoir, the Orange County Board of Commissioners, pursuant to G.S. 136-63, hereby requests that the North Carolina Board of Transportation abandon and close that portion of S .R. 1100, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northwesterly direction a distance of approximately 1600 feet, and which runs therefrom in a southerly direction a distance of approximately 875 feet , and , that the North Carolina Board of Transportation abandon and close that portion of S.R. 1116, located in Bingham Township, Orange County, N.C. , which begins at its intersection with Cane Creek and runs therefrom in a northerly direction a distance of approximately 260 feet, and which runs therefrom in a southerly direction a distance of approximately 330 feet, with the limits of the final abandonment and closing of both roads being all portions of each road within and to the 3 boundaries of the lands owned by the Orange Water and Sewer Authority as the same intersect with the said roads, as the same are shown on the plat attached hereto. Adopted this the 8th day of September , 1987. This resolution is effective upon its passage. Thereupon Commissioner Carey moved the passage of the foregoing resolution and Commissioner Halkiotis seconded the motion, and the resolution was passed by the following vote: Ayes: Commissioners Carey, Halkiotis, Hartwell , Marshall and Willhc Noes: 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 8th day of September , 1987 , so far as the same relate to the Resolution Petitioning Board of Transportation to Close Portions Of S.R. 1100 And S.R. 1116 To Permit Completion Of Construction and Operation of Cane Creek Reservoir, as such proceedings are recorded in Minute Book 21 4 WITNESS my hand and the official seal of said Board, this the 8th day of September , 1987. /W-g-t -4- €122/ BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. [SEAL] 5