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HomeMy WebLinkAboutAgenda - 08-17-1982 0 - ORANGE COUNTY, NORTH CAROLINA BOARD OF COMMISSIONERS REGULAR MEETING TUESDAY, AUGUST 17 , 1982 7:30 P.M. COMMISSIONERS ' ROOM , ORANGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Agenda 2. Matters not on the Agenda C. REPORTS 1. The Honorlble Everette Pender, Mebane Town Council 2. Emergency Management Plan 3. Agricultural Task Force Implementation Committee D. ITEMS FOR BOARD DECISION 1 . Proclamation--September 13-17 Clean Up Litter Week 2, Annual Ceftification of Firemen 3. Infant Auto Safety Seats 4. Proposed high Technology Training Grant Application for Women 5. Road Names 6 . Participatory Paving Program 7. Participatory Paving Program--Mace Road 8. Request for Rezoning--Fred and Elizabeth Cates 9. Minutes qf August 7, 1978 10, Village Cable Franchise Amendment 11 . Appropriation to Animal Protection Society 12. FirearmslOrdinance 13. Budget Amendments 14. Discussion of items relating to the 1982-83 budget. ORANGE COUNTY, NORTH CAROLINA BOARD OF COMMISSIONERS TUESDAY, 7:3 .M' AUGUST 17, 1982 AGENDA ADDENDUM 15. Executive Session for personnel. ' 355 2. ]~ MINUTES 5. AUGUST 17, 1982 6. 7. The Orange County Board of Commissioners met in regular session on — 8. Tuesday, August 17, 1982, at 7:30 P.M. in the Commissioners' Room, Orange 9. county Courthouse, Hillsborough, North Carolina. 10. Commissioners present: Chairman Richard E. Whitted, and Commissioners 11^ Norman Gustaveson, Shirley E. Marshall and Norman Walker, 12. Commissioner absent: Commissioner Don Nillhoit, 13. A. BOARD COMMENTS 14^ Commissioner Whitted removed from the agenda items C-3 Agricultural Task 15^ Force Implementation Committee and D-12 Firearms Ordinance due to incompleteness. 16^ He added a Phillips Project Grant Application for the Youth Services Needs 17. Task Force and the Deed from the Tn o of Hillsborough on the Old Courthouse. 18^ D. AUDIENCE COMMENTS 19^ There were no persons in the audience who wished to comment about items 20^ on the agenda or not on the agenda, 21. C. REPORTS 22, l, The Honorable Everette Pender, Mebane Town Council : Mr. Pender request. 23^ Orange County funds to help support the Mebane Library and Recreation Department. 24~ A survey revealed that 15-17% of Orange County residents use the Library and 25° 10% use the Recreation Department. The Board suggested that figures be kept 26^ during the year on Orange County use and to whether these residents live within 27° city limits. Commissioner Whitted recommended that the Orange County Manager 28, meet with Ms. Whitfield, Mebane Town Manager, to discuss this request at next 29. budget process. 30. 2. Emergency Management Plan: Mr. Bobby Biker, Director of Emergency 31. Services, summarized his report listing accomplishments made since July 1981' 32. He displayed two trunks used in cases of emergencies. One contained medical 33. supplies that would be needed to assist a large number of casualties; the oe' nd to assist in cases of search and rcscoe. The completion date for the � ,^ c icatio::, Center is November 1. 36, DECISIONS BY BOARD 37. 1. lamatio,—Septnher 13-17 Clean Up Litter Week: Commissioner 30" Walker moved, second: |Y Commissioner Gustaveson to adopt the Proclamation 39. (see pa5ejoffor details). Vote: Ayes 4, Noes, O. 1;8. -43mU .,{�.r , 2. Annual Certification of firemen: Commissioner Walker moved, seconded by ConxmIssiuner Cystovemo that the Director or Emergency Services be avthuri?ad 3mx-- to sign the certifications (see paOc347 fnr details) for the County as they become due annually and for any revisions during the year Vote: Aypo, 4, Noes, G | 3' Infant Auto Safety Seats: Commissioner Gustaveson moved, seconded by Commissioner Walker to adopt the resolution (see »uge349for resolution) agreeing to establish the program. Vote: Ayes, 4 ; Woes, 0 Mr. Jerry Robinson, Health Director, addressed the Board with a second proposed agreement with the State of North Carolina (see pagej 7A for details). Commissioner' Gustaveson amended his motion to include adoption of the resolution as well as to authorize execution of the "Program Agreement" with the U. C. Highway Safety Program for two years, on the condition that the agreement is looked over by the County Attorney, after which all seats become property of Orange County. 4. Proposed High Technology Training Grant Application [or Women: Ms. Yerla Insko, Coordinator for Commission on Unmyn, gave thanks to Mr. [most Mangum, CETA Director, for his assistance with the grant, This grant will train 10 women in computer operation in 6-9 months through Ow-ham Technical Institutc, Commissioner Gustaveson moved, seconded by Comioiuner Marshall to approve submittal, Vote: Ayes, 4, Noes, O, 5. Road Names: Commissioner Marshall moved, seconded by Cooqissio,cr Gustaveson to approve road names as submitted (see page ../79for road mimes), Vote: Ayes, 4; Noes, V. 6. Participatory Paving Program: Ms. Susan Smith, a planner, infu`me4 the Board of Lipscomb Grove Church Road and Willett Road's withdrawal from the program. Commissioner Gustaveson moved, seconded by Commissioner Walker that the Board had received the withdrawal notification of the two projects (see �� page jr, , for details). Vote: Ayes, 4; Hoes, O, 7. Participatory Paving Program--Mace Road: Ms. Smith requested Mace Road be added to the li3t. Commissioner Gustaveson moved, seconded by Commissioner Marshall ihnt DOT add Mace Road to the 82-03 Secondary List Improvement Program and to encumber $18,184 for the local share of the costs for paving Mace Road (see page for details). Vote: Ayes, 4; Noes, 0- 361 _ B. Request for Rezoning - Fred and Elizabeth Cotes: A summary of the • discussion is as follows: Gr. Cannity: On the August 2nd meeting, the Board deferred action r � on the request by Fred and Elizabeth Cates for rezoning a 4 acre tract of land that lies off of Orange Grove Road near the existing Cates Farm Development. It was ( asked that it be put on the agenda for action on the 17L Mr. Cannity proceeded to read a letter from Mr. McAdams asking that the matter be deferred until sometime in the future, such deferral will enable us to apply to the County for a planned development in lieu of the rezoning request. Commissioner Whitted: At that time he asked that we delay it because his client had been out of town and had not har the opportunity to bring him up to date on the status after the Planning Board had made its recommendation, Mr. McAdams: What we would like to do is defer it at your preference sometime in the future. This will give us a chance to give him a planned development on it. We haven't had time to get a planned development since the request came in. All we are trying to do is buy a little more time to get a planned development. Mr. Roland Wagoner: Hr. Chairman ` hat Mr. Cates is asking for really is a withdrawal--8,-J didn't make it let me back up and not wait the one year that's required by the County Zoning Ordinance. I've been through that Ordinance an d there is absolutely no provisions for regrouping, that's not bankruptcy that's the Zoning Ordinance. So I believe that he was advised -the Planning Departmentoheo he first made the application for an R-8 that he go with a Planned Development but he decided not to do it he'd rather go with an R-8. I think he took his chaz�os, he didn't think he would get any resistance so I believe its necessary to go ahead and make a decision on this matter, Give the Planning Board a year to work 1' nut with Ar. Cates and go with Planned Development. '%.2 situation as it is will only cause more friction elevate the temper and things like that. —` decisions of trying to come up with a developmen would just make matters worse, Mr. Geoffrey Gledhill : The request cannot be withdrawn, Commissioner Gustovosnn:He postponed this the last time. It seems that the Planning Board has examined this very carefully and the substance of the proposal fails a number of findings. I think we should move ahead and act. The Public Hearing we have had the people wl4n are concerned about this, the Planning Board has acted and I would 'so move that we accept the Planning Board recommendation, Commissioner Marshall seconded the motion, Commissioner Nhitt:d: Ac I expressed at the August 2nd meeting, one of the •ncerns that I have is the integrity of the zoning - Foces. We have had in the past persons to request rezoning and than get to the public hearing and oith- draw tjjr renvest. We have dealt with that but I think that to delay this at this point xould, infuxt' ri .'ruve that same process that we t' od to eliminate, Vote: Ayes,4; Noes,O. ��� _~^~ � .. , . 9, Minutes of August 7, 1878: Commissioner Gustaveson moved, seconded by Commissioner Vhitted that noted corrections be made. Vote: Ayas.4; l;ues,O 10 Village Cable Franchise Amendment: Commissioner Witted stated tat this was the second reading of the amendment to the zoning franchise to delay . / for a period of two years (until August 17, 1984), Commissioner Marshall moved` — seconded by Commissioner Gustaveson to approve the amendment (see na9c.a9Vfor details), Note: Ayps� 4; Noes, 0' 11, Appropriation to Animal Protection Society: Commissioner Marshall moved, seconded by Commissioner Gustaveson to approve request with a budget amendment to be transferred from the contingency account. Vote: 0yes`4' Kncs,U, lJ. Budget Amendments: Commissioner Gustaveson asked that this item follow discussion of agenda item D-l4 - 1982-83 Capital Projects. 14. Discussion of items relating to the 1982-83 budget. l Planning Department Objectives for 1932-83: Hr. Cannity summarized the list of Planning Department Objectives for the Board (see page377fnr objectives). The Manager noted that the question on whether to make Hazardous Waste a part of the Zoning Ordinance or having an ordinance to deal with Hazardous Waste Disposal Sites is being one: on hy the Planning Depa`tmsnt and is one of their objectives. Commissioner Whitted said that since the [ounty was in the process of hiring anew Planning Director there should be a delei setting major objectives for the Planning Department. The Manager uoQgE.s',` | taking these objectives as tentative objectives and giving the Board any revisions after that person has been hired, making any alterations at that time. 2. Commission on HUmen Objectives for 1982-83' Nx. }nskn reviewed her list of objectives for the Board (see poge ,34/7fnr objectives). She asked that ~[" - Update Bylaws be added to All on the list of objectives. 3. 1982'83 Capital Projects: The Manager explained that Attachment 3 was the originally proposed County Capital Project and Attachment 4 was the revised . — project (see paqe397 for details). What we've done, based on your instructions, is to take out the vehicle items and equipment ite`s and put those in the Operating Department rather than have them in the Capital Project Fund Reduced the amount related to building improvement so as to allow for a $10,000 contin- gency| acr»vnt and to provide for word processing under the Data Processing Department--those are the revisions- Besides the accounting for some of the equipment and vehicles under the Operating Department, we have made some nedvc- . tiuns in this list so as to accommodate word processing and to have contingency account in this fond' 19,080 would be used to enclose the attic area of the ���� _.° • south wing, using County labor, to accommodate the needs of the Register of Deeds and Tax Sup6rllino,'s Office with the 4-D Office being a possible third user of space. Ms. Betty June Hayes, Register of Deeds, asked that no other agencies be moved into the building until the space needs of present occupants are met. Commissioner Gustaveson moved, seconded by Commissioner Marshall to implement the Capital Plan (see paVe397 for Budget Amendment). Vote: Ayes, 4; Noes, 0. 4. Energy CmorUinatnr/ManaVanent Analyst Position: Commissioner Gustaveson moved, seconded by Commissioner Marshall that the moving of the Energy Coordinator position to the Manager's Office be approved (see page/70.5 for job description). Vote: Ayes, 4; Noes, 0. Discussion: The Manager- suggested that both the HSAC and the Energy Commission have full involvement in deciding staff time availability during the clxrifi- • cation of objectives and implementation stages. The Memorandum of Understanding (see paDe1101/ fur details) would spell out, with each Commission that we attempt to assist, how we would allocate initially and adjust that timing as we went | — through the year. Mr. Keith Aldridge, HSAC Representative, suggested reporting back in six months with a status report on the staff person by the HSAC Chair. Commissioner' Uhitted concluded that in dealing with the HSAC the Board wn, � identify task; and in dealing with the Energy Commission the Board would identify an area that needs top priority and utilize resources available f" weathnrizabnn to the fullest extent possible. ADDED ITEM: . Philliys Project: Commissioner Gustaveson moved, seconded by Commissioner Marshall to suhmit the grant application. Vote: Ayes 4; Noes, O. ADDED ITEM: Deed from the Town of Hillsborough: The Board acknowledged that the Deed had becn accepted and recorded, Commissioner Marshall moved, seconded — by Commissioner'Commissioner' Gustaveson the ratification and recordation of the dyed. [uCe: Ayes, 4; Noes, O. EXECUTIVE SESSION Commissioner Gustaveson moved, seconded by Commissioner Marshall to go into [xecnl:ive Session to discuss Personnel and litigation matters Vote: A2; ` 4; ;;aes, O. Kichard Hhitted' Chair Nancy McAdoo, Acting Clerk .__________..... ........ium INDEX AUGUST 17, 1982 SUBJECT ACTION PAGE ] Reports : Mr. Everette Pender Figures to be kept during I year; County Manager to meet with Mebane Town Manager at next budget process Emergency Mgmt. Plan None Board Decision: Clean Up Litter Week Proclamation Adopted 1 Firemen Certificlation Approved 2 Infant Auto Seat Approved resolution 2 Training Grant App. for Women Approved submittal 2 Road Names Approved 2 Participatory Pairing Program Two withdrawals 2 Participatory PavingMace Road Approved addition 2 Rezoning - Fred Elizabeth Cates Denied _ 3 1 Minutes - August [7, 1978 Approved corrections 3 Village Cable Franchise Amendment Approved amendment 4 Appropriation to I9iPS Approved 4 Budget Amendments Approved 4 i 1982-83 Budget Items: Planning Dept. Objectives None 4 Corn, on Women Objectives None 4 1982-83 Capital Projects Approved 4 Energy Coord/Mgmt. Analyst Approved 5 Phillips Project Grant App. Approved submittal 5 Town of Hillsborough Deed Approved & Recorded 5 C?J-N3E BOARD Oc CO issimE S Action A.crlov C `�-1 ITEM I�BSIRACr r' 3 rIL TT1i? DATE August 17, 1982 Subject: AGRICUfTURAL TASK FORCE If1PLPJ'ETTTATTODT comrITTEE. REPORT DT.—tment: Planning � [ Public R=Pring: yes x no Attachment(s): 1) Draft-Farm Preser- Information Contact: Susan Smith vation Program 2) Suggested Amend- ments to' the General Statutes 3) Phone Number: 732-8181 EXT 359 PU OSE:To provide the Board with a report on the activities of the Agricul- tural Task Force Implementation Committee and the status of the ordinancelto implement the Program outlined in the Task Force Report Imo: To inform the 9oard and to obtain a directive from the Board regard- ing futur Committee activities. The Program outlined in the Task Force Report and drafted as the Orange County Farm Preservation Program e ntains a number of provisions requiring amendment to the General Statutes. These provisions include: 1) less than use value assessment of farm property; 2) waiver of assessment or fee for water/Isewer extensions; 3) mandatory public hearings on public projects and proposed use of eminent domain powers; 4) assessment of attorney's fees to plaintiffs in frivolous nuisance suits; 5) no loss of eligibility status in farmer to farmer land transfers of participating bona fide farm units. IMPACT: Directives from the Board will guide Committee Activities during the fall and winter months. Proposed amendments to the General Statutes could go before the General Assembly during the January 1983 session. RECOMMENDATION: As the Baord decides, DRAFT 3/82 4/22/82 ORANGE COUNTY FARM PRESERVATION PROGRAM ARTICLE 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT, STATEMENT OF PURPOSE, APPLICABILITY AND SCOPE AND EFFECT 1.1 Title This ordinance may be known and cited as the Orange ,County Farm Preservation Program. 1.2 Statutory Authorization 1.3 Findings of Fact a) Prime farmland is an important and irreplaceble asset and resource of Orange County. b) Orange County has undergone a substantial increase in population as well as a large decrease in farmland since 1950. Such pop.,. ulation growth pressure is likely to continue, even to increase, in the remaining two decades of this century. As a consequence ,, land prices and values will probably continue to escalate putting further economic pressure on County agriculture. Tax increases due to increased land valuation, as well as increased rates due to the increased demand for urban services by non-farm residents (enhanced police and fire protection, water and sewer extension, etc.) are likely to increase the cost of farm operations. Acquisition of land for farm expansion will. also become more difficult as non-farm development bids up land prices. The encroachment of non-farm population into farming areas will also increase the likelihood of nuisance complaints, vandalism, theft of crops, crop and soil pollution problems, increased traffic and other impediments to farm operations. c) Major public projects proposed for Orange County in recent years will probably impact on farm operations in the County. The con_ struction of the proposed 1-40 Extension will decrease commuting times to Research Triangle Park, Durham and Raleigh while inten- sifying development pressures in Chapel Hill, Hillsborough, Bingham, and Cheeks Townships. The proposed Southern By-pass of N.C. 54 in Chapel Hill and Bingham Townships will improve access for commuters to Research Triangle Park and Durham. Even the proposed six-laning of 7-85 will probably decrease the commuting times along I-8S and increase.the accessibility of Eno, Hillsborough, and Cheeks Townships for commuters to t I Durham and Burlington. The development of the Eno State Park is another major public project that will intensify development pressures. 1 ORANGE COUNTY Bat? OF CO:-241SSIONERS Action 11.genda m ACFION iLEa:aN rum faST Ite No, RACi' . Mr.eeLNG DATE August 17, 1982 • in Eno Township and further the decrease of available farm- land. Reservoir projects have also been proposed which are likely to affect county farming. The proposed Cane Creek and Seven Mile reservoirs, particularly the former, will cause a decrease of available farmland. Increased water supplies will also provide a further inducement to urban development in the CoUnty and, consequently, add to the pressure on County farm-. land. d) Orange County's leading agricultural revenue producer, dairy famring, is concentrated in areas under increasing develop- ment pressure. Dairying in Chapel Hi11 Bingham, Cheeks and Hilllsborough Townships is likely to be affected in the future by non-farm development, Dairying involves a large capital in- vestment and, as such, it is more expensive to relocate such an operation in the face of development pressures. Poultry and egg operations, as well as swine operations, are important agricultural revenue earners in Orange County. Both are paten- tiplly the subject of nuisance complaints from non-farm residents and, as such, will, likely be affected by non-farm development pressures. e) Inflation continues to place economic burdens on farmers in Orange County. Fertilizer, fuel, land, machinery, and construc- tion costs have risen more rapidly than farm income in recent years. The result has been increased economic difficulties for Orange County farmers. 1 1.4 Statement of Purpose It is the purpose of this ordinance to protect irreplacable prime farmland from encroachment by and loss due to the de- velopment of such lands for residential and other uses and to minimize pressures for the conversion of prime farm land to other uses by provisions designed to: a) minimize land use conflicts between farms and residences and the incidence of nuisance suits b) preserve agricultural activity as a viable component of the • local economy and an industry as of right c) defend the "right of farm" d) alleviate tax burdens on agricultural land e) minimize the conversion of prime farmland to other uses f) minimize the impact of the use of eminent domain for public projects on prime farmland and agricultural activity g) provide for the formation of Voluntary Agricultural Districts h) provide for the establishment of an Agricultural Advisory Board. 2 - . 1,5 Ob ectives Th ordinance aims to achieve the following objectives: a? alleviate the problem of increasing tax burdens on agricul- tural activities b? minimize the incidence of nusiance suits against farm oper- ations c minimize the negative impacts of public projects on farm operations and farmland d minimize the relocation of farming operations due to non-. farM. development pressures. 1 1.6 Voluntary Status of Participation I Al b components of the program outlined in Article 2 are volun- ta y in status of participation. A bona fide farm receiving thb benefits of participation which withdraws from the program and by withdrawl disqualifies for the continuation of benefits is subject to certain penalties outlined in Article 6. 1.7 Eligibility This ordinance is applicable to all bona fide farms eligible for partial exclusion from ad valorem taxation under C.S. 105-277.2 through 105-277.7 upon voluntary application for inclusion in the Oriange County Farm Preservation Program. ARTICLE 2. 134 VISIONS FOR PARTICIPATION IN PROGRAM 2.1 Vo untary Classes of Participation There are four voluntary classes of participation in the Orange 1 County Farm Preservation Program: Class A: Class A applies to bona fide farm units participating in the N.C. Pr ferential Taxation Program and provides for use value appraisal of1 the property as a basis for taxation. Class B: C1 L95 B is similar to Class A, but requires a twenty year devel- o PLent rights agreement prohibiting non-farm develop- me t. The creation of three lots meeting Orange County Subdivision and Zoning Ordinances standards and exempt from the agreement is permitted provided that the qualifying tract remains eligible for p sent use value taxation. f Class ct Cl ss C requires a ten year development rights agreement. Class C prpvides for the additional benefit of a 10% reduction in the use value assessment for taxation provided in the N.C. Preferential i Taxation Program- The creation of three lots meeting Orange County Subdivision and Zoning Ordinances standards and exempt from the 3 J... . .... .....— , 1 f i agreement is permitted provided that the qualifying tract ( remains eligible for present-use value taxation. Class 0: D requires a twenty year development rights agreement. Class D provides for the additionaItenefit of a 20% reduction Pin the use value assessment for taxation provided in the N.C. th Preferential Taxation Program. In addition, no property. tax assessment would be made of new farm structures constructed on a Class 0 farm. The creation of three lots meeting Orange County Subdivision and Zoning ordinances standards and exempt from the agreement is premitted provided that the qualifying tract remains eligible for present-use value taxation. 2.2 Requirements of Participation I In order to qualify for participation in Class B, C or 0 of the program, farms units must qualify for and participate in the N.C. Preferential Taxation Program, equivalent to participation as Class A farm units. In order to qualify for participation in Class B, C or D of the program the following requirements must be met: a) I The bona fide farm unit must be certified by the Soil Conser- vation Service as being composed of a least 2/3 "prime or locally important" farmland. b) The farm must develop and adhere to SCS defined erosion con- trol practices that are addressed to critical areas located o n a bona fide farm. 1 2.3 I Benefits of Participation . . . The following benefits will be gained by participation in Classes B, C and D of the program; a) The basis for assessment of farm property for taxation will be present use value for Class B farm units; at 10% reduction of the present use value for Class C farm units; and at 1 20% reduction of the present use value for Class 0 farm units. In addition, any new structure permanently affixed and reasonably used for farm activities on Class D farms will be exempt from property tax assessment. b) No assessment or fee for water and sewer extensions will be required of the farm unit owner as long as no use is made of the extension by the farmland owner. c) A disclosure statement will be required for all land trans- fers within 600 feet of all bona fide farm units and within one-half mile of all poultry, swine or dairy bona fide farm units informing purchasers of the preferred and pre-existing nature of the agricultural use of the adjoining tract and the county law assessing plaintiffs with legal fees for frivolous lawsuits, 4 ! , -- I 111•■ ------------ . , . . . . '.i. . • • cil Al]. bona fide farm units and land within 600 feet of all bona farm units and within one-half mile of all poultry, swine or hairy bona fide farm units will be shown in the Orange County Land Records System with the warning outlined in 2.3 f) attached. e) Mandatory public hearinaswdll be required on the impact on agricpltural. activities of public projects and the proposed use of eminent domain .Lo acquire farmland. Findings will be presented to the decision- Making body of the agency proposing acquisition and to the N.C. Commissioner of Agriculture. The N.C.Commissioner of Agriculture tmlidahm the power th:vieir:pi:se:0::: of leaTizt domain rthteoaTioy governing 1 g c g to over- ride such a veto, f) All reasonable attorney's fees of the defendant farmowner as determined bythe Court in nuisance suits will be assessed 1 against the plaintiffs in any nuisance suit found to be frivolous by the court. g) A bona fide farm in Classes B, C and D if sold and remains as a farm may immediately reapply for present-use value taxation and is not subject to the three year roll-back period mandated by 105-277.4 (c). h) In the case of a natural disaster which requires the farm to be involuntarily withdrawn from the program, no penalty for with- lrawl will be assessed except as mandated by G$. 105-277,4. . _ ARTICLE 3. ESTABLISHMENT OF VOLUNTARY AGRICULTURAL DISTRICTS 3.1 Requirements for Establishment of a District a) A Voluntary Agricultural District shall be composed of 640 1 contiguous acres of farmland partici th pating in the Orange County flereservation Program, b) Al Voluntary Agricultural District shall be formed on the basis of a signed agreement among participating owners to sustain agriculture in the district. I c) The agreements shall be reviewed and approved by the Agri- crltural Advisory Board (Article 4). ARTICLE 4. ESTABLISHMENT OF THE AGRICULTURAL ADVISORY BOARD 4.1 CLmposition of the Agricultural Advisory Board The Agricultural Advisory Board shall be composed of the fol- 4wing-merribers; I a) one voting member from each Voluntary Agricultural District I L b) nine Orange County farm people appointed at large by the I Board of County Commissioners. 5 _ __ 7, . r,, , - ,-....„-______-__________ „ . . , . • r •!• 4.2 Tasks of the Agricultural Advisory Board The Agricultural Advisory Board shall be responsible for the following tasks: a) Review and recommend approval of agreements forming Voluntary Agricultural Districts to the Orange County Board of Commissioners. b) Periodic review of the Orange County Farm Preservation Program and recommendation of necessary changes to the Board of County Commissioners. c) Holding mandatory public hearings on the impact of public projects and the use of eminent domain on agricultural lands and activity and forwarding of the results to the governing body of the agency Proposing such action, to the N.C. Commissioner of Agriculture and to the Board of County Commissioners. d) Review of major private developments affecting County agriculture as determined by the Planning Board and referred to the Agricultur, Advisory Board aad forwarding of report and recommendations on these projects to the Planning Board and Board of County Commissioners. ARTICLE 5. APPLICATION FOR AND ADMINISTRATION OF TAX RELIEF a) Application for and administration of tax relief under the Orange County Farm Preservation Program shall be as provided in C.S. 105-2 71 b) Payback schemes under the Orange County program are governed by GS. 105-277.4. For Classes C and D there are additional pay- back periods of 5 years for the Class C additional 10% tax abate- ment and 10 years for the Class D additional 20% tax abatement. . . c) No payback of tax benefits except as required by the N.C. Preferential Taxation Law will by applicable following expiration of the development rights agreement. ARTICLE 6. COMPLIANCE, VIOLATIONS, PENALTIES AND REMEDIES 6.1 Compliance Any farmland owner receiving benefits of classification and participation in the program who fails to act in accordance With the program requirements and terms and other applicable regulations shall be deemed in violation of this ordinance and subject to penalties specified in Section 6.2. 6.2 Violations, Penalties and Remedies In addition to any other remedy available to Orange County by law, Orange County is empowered to institute any appropriate action or proceeding to restrain or prevent violation of the ordinance as specified in G.S. 105-277.4: 6 1 a) Deferred taxes shall be payable if (1) the owner conveys the property to other than wife, child or sibling; i(2) property ownership passes to other than enumerated family members by will or intestacy; ,(3) property ownership passes to or from a corporation from I or to anyone other than principal stockholders; (4) property loses eligibility. b) The tax for the year of disqualification shall be computed as if property was not classified for that fiscal year. Taxe'b for the three preceeding fiscal years shall be immediately payable with interest. If only a portion of the land becomes ineligible, a determination shall be made on the amount due. Upon payment of deferred taxes for the three years immediately proceeding dis- ualification, all liens shall be extinguished. c) Failure to notify the Orange County TaX Supervisor Of a change regarding the land benefitting from classification and participation in the program shall be subject to a penalty of 10% of the total amount of deferred taxes plus interest for each listing period for Which failure to report continues. ARTICLE 7. AMENDMENT OF THE ORDINANCE a) This ordinance may be amended by formal action of the Orange County Board of Commissioners. b) proposals to amend, supplement or repeal any of the articles con- tained herein may be initated by the Board of County Commissioners, Orange County Agricultural Advisory Board, Orange County Planning Board or by petition of any interested persons. All such proposals hall be referred to the Agricultural Advisory Board and then to the Orange County Planning Board for consideration and recommendation. The Planning Department shall make an analysis of the application for amendment and prepare a recommendation for consideration by the Agricultural Advisory Board, Planning Board and Board of County COmmissioners. 1 c) A public hearing shall be held by the Board of County Commissioners before adoption of any proposed amendment to the ordinance. Notice of the public hearing shall be published in a newspaper of general circulation in the County stating the time and place of such hearing and the substance of the pro:ose amendment. d) The Board of Commissioners shall not consider the enactment of the proposed amendment until it has received recommendation of the Planning Board. 1 ARTICLE B. SEPARABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional bY any court of competent jurisdiction, such portion shall be deemed a! separate, distinct and independent provision and such holding shal" not affect the validity of the remaining portions. 7 . - ARTICLE 9. DEFINITIONS For he purposes of this ordinance certain terms or words used ( herein shall be interpreted as follows: - The word "shall" is always mandatory. - Terms not herein defined shall have the meanings customarily assigned to them. - . _ _ , Agricultaral Advisory Board Advisory body on agricultural preservation activities in Orange county. The Board is composed of one voting membiar of each voluntary agricultural, district and nine other Orange County farm people appointed at large by the Board of County Commis- sioners, Appraisal Determination of the market value or true value in money of property. I Assessment Fixing of tax value of property. The Machinery Act requires thatlproperty be taxed at full appraisal value, except where property by law is classified for taxation on a different basis (See N.C. Preferential Taxation Law). Critical Areas Land which is highly erodible and where vegetation is difficult to establish with normal procedure. Areas identified by the Soil Conservation Service as exhibiting these problems are to . ._ be addressed by approved Soil Conservation Service erosion control: , ( i measures. Deffered Taxes Difference between taxes paid on the use value and taxes thatlwould have been paid on the market value of a bona fide farm as provided for in the Orange County Farm Preservation Program (See Market Value, Use Value, N.C. Preferential Taxation Law, Orange County Farm Preservation Program), Development Rights Agreement Agreement whereby owner would retain complete owneOhip of the land, but agrees to use the land in a manner which would qualify for participation in the program. I Eminent Domain The authority of a government to take, or to authorize the takilg of private property for public use subject to just compensation for any taking. I Erosion Control Procedures, measures, structures or devices which serve as the means to control the wearing away of land surface by the action of wilnd, water, gravity, or any combination thereof. I Farm, Bona Fide As specified in General Statutes 105-277.3, agricultural land,' forestland or horticultural and that qualifies under the existing N.C. Preferential Taxation Law. A bona fide farm would have 10 acres or m e, have a gross income from the sale of agricultural Ir. 8 - . --- ----- _ mei , -.0 . . . . . C i _ . ;products produced thereon averaging one thousand dollars ($1,000) per year for each of the three preceeding years, have a sound management plan, and be actively engaged in farming or have a Iminimum of 20 acres of forestland for which a management plan has been prepared. I Lier Legal right to hold property or to have it sold or applied for Payment of a claim. This right runs against the property not the bwner. Lot legally subdivided lot shown on a legally recorded plat and of --- Isuffici ent area and dimensions to meet district requirements for area, width and use, and to provide such setbacks and other open 1 spaces as required. Lot Of Record A lot created by deed or plat prior- to the existence of subdivisions regulations. The area and dimensions of the lot shall Meet any regulationsineffectd; the time the lot was created. Natural Disaster Tornado. hurricane, earthquake of other siiIlat natural events which result in destruction of property or prevent Continued utilization of property in its present use. .North Carolina Preferential Taxation Law General Statutes 105-177.2 4through 105-277.7 providing for the application for taxation , present use value for agricultural, horticultural and forest- land. Market Value What a willing buyer and a willing seller will pay for -- al piece of property given a reasonable knowledge of all the uses to which the property is adapted and for which it is capable of being used. Also referred to as appraised value or true value. ; Oran.e Count Farm Preservation Pro-ram Program aimed at the preser- vation of prime farmland and the protection of agricultural activity i in Orange County as outlined in the Agricultural Task Force Report -and-contained• in ordinance of the same title as the program. Pro- gam provides for four classes of present-use value taxation. 1 Present Use Value Price estimated in terms of money at which the pro- pIrty would change hands between a willing and financially able buyer and a willing seller neither being under any compulsion to buy or sell, assuming that both of them have reasonable knowledge of the capability of the property to produce income in its present use and that the present use of the property is its highest and best use. I Prime and Locally Important Farmland Farmland composed of soils best suited for producing food, feed, fiber,forage and oil seed crops. These soils have good soil qualities, are favor- able for all major crops common to the County, have a favor- able growing season, and they receive the available moisture needed to produce high yields on an average of 8 out of every ( 10Iyears. Prime and locally important farmland also includes all existing farmland in use during the past five years. Prime and locally important farmland is outside of the incorporated limits of incorporated towns. 9 .. . . ii.milmogirdi — --• Publid Hearing A meeting ammounced and advertised in advance and open to the public with the public given an opportunity to speak to and participate in the decision-making process on a particular project proposal. Publici.Project Any improvement, facility or service together with its associated site or right of way obtained through the excercise of eninent domain for public use. Subdivision Regulations Local ordinance regulating the conversion OfIraw land into building lots for residential or other purposes and establishing requirements for street, utilities and site.design. Orange County Subdivision Regulations have been enforced county-wide since 1978. Voluntary Classes of Participation Refers to four classes of use Value taxation for agricultural land provided in the Orange County Farm Preservation Program. Participation in any class isivoluntary and occurs only upon request of the farmland owner for use value taxation. The four classes of use value taxation, are: Class A; Provides for use value taxation of farm property and is identical to the existing N.C. Preferential Taxation Law GS 105-277.3through 105-277.7. Class B: Provides for use value taxation and is similar to Class A, but requires a twenty year deVel- . opment rights agreement. Class C: Provides for a 10% reduction in the use value assessment as the basis for taxation and requires a ten year development rights agreement. Three lots meeting Orange County Subdivision and Zoning Ordinances standards are exempt from the easement. Class D: Provides for a 20% reduction in the use value assessment as the basis for taxation and requires a twenty year development rights agreement. Three lots meeting Orange County Subdi- vision and Zoning Ordinances standards are exempt from the easement. In addition, no property tax assessment would be made of new farm structures constructed on Class D farms. Zoning District A specifically delineated area or district within whiCh regulations and requirements uniformly govern the Use, placement, spacing and size of land and buildings. Zoning Ordinance Local ordinance regulating and restricting the height, number of stories, size and placement of buildings and other structures, lot size, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, 10 ,11 • ;416,47:1• v■••■ . • • residences or other purposes, including off-street parking and lhe arrangement of lots. Ordinances provides for districts Within which permitted and special uses are established and in Which requirements are uniformly applied. The Orange County Zoning ordinance was adopted on September 2, 1981 and is Anforced in Hillsborough, Eno, Bingham and Chapel Hill Town- ships, ARTICLE 10. 4GAI. STATUS AND EFFECTIVE DATE This ordinance shall become effective upon passage by the Orange County Board of Commissioners such date being T.pon motion duly made and seconded, this ordinance was adopted by the Board of County Commissioners by the following vote: Ayes These proceedings are recorded in the Minute Book of the Board oh pages and recorded in the Orange County Ordinance Book. 4 11 , "r•; APPENDIX I EXAMPLE OF TAX BENEFITS FOR PARTICIPATING FARMERS • CASE EXAMPLE: 200 ACRE FARM 54.40 per $100.00 valuation .00544 tax rate ASSESSMENT VALUE PROPERTY TAX TAX SAVINGS MARKET VALUE $250,400 $1,360 ---------- • USE VALUE $115 000 $625 $735 CLASS C $103,500 $563 $797 ( 10% reduction in use value assessment)1 CLASS 0 $92,003 $500 $86o (20% reduction in use value ( assessment) • — • CLASS 0 $20,000 $109 $109 (freeze on assessment of new structures) CLASS 0 -TOTAL ANNUAL TAX SAVINGS $969 12 , . .. . APPENDIX II TAX BASE IMPACT ( OF THE ORANGE COUNTY FARM PRESERVATION PROGRAM ,,.. (RESERVED) • i i . .. . . . i i I 1 ! 13 1 i i 1 , ...- --__------ -., . . , • Draft 6/10/82 6/14/82 SUGGESTED AMENDMENTS TO THE STATE USE VALUE LAW 105-277.3. AGRICULTURAL, HORTICULTURAL AND FORESTLAND - CLASSIFIC.ATIONS: -(b) In order to come within a classification described in subdivision (a) MI, (2) or (3) above, the property must, if owned by natural personsI, also: (1) Be the onwer's place of residence; or (2) Have been owned by the present owner or by the owner s spouse, siblings, or parents for the four years immediately preceeding January 1 of the year for which I benefit of this section is claimed. I (Existing Statute) (3) Have received benefit of this classification for tax- ation at present-use value for the four yeareimmediately preceeding January 1 of the year for which benefit of this section is claimed. 105-277.4. AGRICULTURAL, HORTICULTURAL AND FORESTLAND - APPLICATICN FOR TAXATION AT PRF-PMT USE VALUE. (Existing Statute) 105-277.5 AGRICULTURAL, HORTICULTURAL AND FORESTLAND - APPLICATION FOR TAXATION AT TS THAN PRESENT USE VALUE. - (a) Property eligible for taxation on the basis of the value of the property in its present use and_participating in an authorized local farm preservation program shall be eligible for taxation based on additional reductions inorepusTivaltle assessment of :Ielmperty.p present use value shall be governed-by procedures provided for in G.S. 105-277.4. 105-277.6 LCCAL FARM PRESERVATION PROGRANS AUTHORIZED. -(a) Counties implementing farm preservation programs which provide for (1) an exclusive a• ±cultural zonin. district or (2) a conservation aareement provided for in G.S. 121-34 et seq., or similar agricultural lands preservation measures, are authorized to provide for additional tax incentives based on •resent use value of the •ro•- to - 'ci.-ting •.na fide fart tracts. Additional tax incentives may be provided for through the establishment of voluntary classes of participation which may include, but not be limited to, the following: Class taxation on the basis of present use value; Class B - taxation on the basis of a110% reduction in the present use value assessment; Class C - taxation on the basis of a 20% reduction in the present use value assessment. I 105.277.7 LCCAL FARM PRESERVATION PROaRAM-OTHER PROWSIONS - farm preservation programs may also provide for, but are not limited to exemption from property tax assessment for new farm structures on bona fide farm tracts: eyenvtion •Prnm the- bnree year roil back period if a participating bona fiee farce tract is sold and remains as .a farm ar4alifyina for use value taxation; . • • . - - SUGGESTED MINI:ANIS June 9, 198; Page 2 exemption of a specified number of new lots created from a particilmaaru bona fide far ki tract srovided that the auali 1n tract remains eligible for use valualtaxation; disclosure statements for all adjacent land transfers infOrmim furchasers of the Preferred and prextst nature of the agalsultural use of the adjoining tract; establishment of voluntari cultural districts establishment of .m icultural adviso boards. 105.27 .8 VOCAL FARM PRESERVATION PROGRAM - NUISANCE SUITS. -Ail reason- able attorney,s fees of a defendant owner of a farm participating in a local farm .reservation 'no - as determined b the Court in nuisance suits will belassessed against the plaintiffs in any nuisance suit found to be frivoloUs b the Court. 105.277.9 LAICAL FARM PRESERVATION PROGRAMS - EramENT DOMAIN. -Mandatory Public he. . shall be reouired on the impact on agricultural activities of public projects and the proposed use of eminent domain to aonuira farmland participating in a local farm Preservation program. Findims shall be gredented to the N.C. Commissioner of Agriculture who shall have - the cower to veto the uro..sed exercise of eminent domain with a /4 vote of the agency governing board required to over such a veto. 105.277.10. AGRICULTURAL, HORTICULTURAL AND FORESTLAND NOIT,CE OF CHANGE IN USE. (Existing; Statute) 105.277.11. AGRICULTURAL, HORTICULTURAL AND FORESTLAND - APPRAISAL; =PUPATION OF EEFERRED TAX. (Existing Statute) 105.277.12. AGRICULTURAL, HORTICULTURAL AND FORESTLAND - EEPAFiTMENT OF REVENUE ASSISTANCE. (Existing Statute) 7 KNAPP Institute of Government CHAPEL HILL.INC2751•A TELEPHONE(EtE)66637p1 The University of North Cnrntiva at Chapel Hi1I May 30, 1982 - Mr. Jim Polatty1 Orange County Planning Director Courthouse, 1061 Margaret Lane Hillsborough, Ni rth Carolina 27278 Dear Mr. Polattyt John Sanders passed on to me your letter of May 6 in which you requested several of us at the Institute to review the draft ordinance establishing an Orange County Perm Preservation Program. I have received written comments from all of they faculty members on your list and have incorporated them in my reply below. In addition, I have enclosed the written comments of Joe Ferrell and Dave Lawrence, which are more detailed than some of the others. First, a flew general observations. We at the Institute seem to agree that substantial work still remains in refining the program concepts and the legislative drafts before this package is ready for legislative consideration. In addition, if state-wide legislation is required, as is suggested below, significant attention must be given to building the proper base of political support necessary for favorable reception in Raleigh. For these reasons we = 'believe that_any-pYsna to- present this proposal to the State Legislature in its upcoming 1982 session would be premature. Presentation of a revised program for the session beginning in January, 1983 may be a more realistic target. i Local vs. Stake-Wide Legislation It is clear that the proposed program will require legislative authorization b the North Carolina General Assembly. Also, we believe that in its present form the program will require more than local enabling legislation ap lying only to Orange County (or several counties). As Joe Ferrell points out in his memo, the North Carolina Constitution requires the classification lof property and the taxation of it to be carried out by the General Assembly by means of uniformly applicable laws. Particular local units of government may not establish their own classifications and taxing systems either on their on initiative (by ordinance) or pursuant to local legislation. Therefore unless the proposed Orange County system of granting a 102 reduction lin the use value assessment for Class C farms and a ZOZ I { Mr. Jim Polatty Page 2 May 30, 1982 reduction for Cass D farms is incorporated into state legislation establishing this classification and tax system for all 100 counties, those features of thelprogram would be invalid. Of course, these considerations would not affec the program if the proposed tax reductions were eliminated from it; howevei, this additional tax relief seems to be an essential ingredient of t'he program. In a similar vein, Article VI, § 20 of the Constitution may be teed to imply that any provision in your proposed ordinance for assessing attorneys' fees against the plaintiff in a "frivilous" nuisance action would also have to be based on uniform enabling legislation of state-wide applicability and could not be grounded solely on a local act. Special Assessment Exemptions As Dave l,alp*rence indicates in his memo, exemptions for certain classes of farm owners from utility extension assessments may not be granted under current state legislation. However, if the law were to be changed, local rather than eta a-wide legislation would suffice. Lawrence suggests several forms such local legislation could take. Perhaps the most direct course would be to exempt spbcifically qualifying farmland from assessments until connections are! made to service the property. That arrangement is what appears to be s' ggested in Section 2.2(b) in the ordinance. The local lee elation could be linked to G.S. 160A-220, 153A-188, and tq 162A-6. The Orange, County proposal, however, may suggest that what is envisioned here is a somewhat more complicated system of assessments. At the top of the second page of questions to us there is a suggestion that the assessing agency distinguish betWaen "land surrounding the home" and the rest of the property _ for assessment purposes. The implication seems to be that even after a farm house is ..connec.ted"-to a utility line, the assessment is reduced below the amount that wo d ordinarily apply to the entire farm property. This idea is not fully deve*ped. If the assessing body is expected to allocate the assessment to only a portion of the property, then the draft should spell out how this is to be accomplished. Perhaps the same result may be accomplished by prohibiting the assessing body from using lot area or front footage as the assessment basis and requiring it to use a basis more consistent with farm preservation purposes. These concepts in your draft need further refinement. Eminent Domain (Article 2, Section 2.3(3)) The 0rang County proposal grants the Commissioner of Agriculture the power to veto qhe acquisition by eminent domain of Class B, C, and D farm lands by various condemnors. As Lawrence points out, either state-wide or local legislation would be necessary to establish the special procedures that are outlined. 'Several of us doubt the political viability of such a proposal. Green points o t that a comprehensive revision of the state eminent domain law (Chapter 40A of the General Statutes) was just completed last year and the General Assembly may not be eager to begin rewriting or making exceptions to it right away. Heath points out that the condemnation of land by a local unit _ Mr. !tw Polatty Page ) May Sri, 1982 Of governments (or water and sewer authority) to provide for its water supply alrea,Iy requires an authorization certificate to he issued by the Envirn,umental.,Management Commission. In no other condemnation procedure that we can think of lie a certificate of authorization issued by an agency of state government required in order for a local unit of government to proceed with eminent domain..' Giving the Commissioner of Agriculture the right to reject such n project if it interfered with farmland preservation objectives would result: in two more approval procedures in addition to the proceedings that are tYPically required in a condemnation action. The proposal does not specifically indicate just what units of government would be made subject to the proposed special eminent domain procedures. Sect1«n 2.3(e) 'suggests that an "agency governing board" may, by a 3/4 vote, overr;ge the Commissioner's veto. This language suggests that the ordinance is caN...erned only with local public condemners. Ferrell believes that no ProP0,44al to restrict the use of eminent domain would be enacted that did not excluhke the State and public service corporations (i.e., electric power, telep:".`eone, gas,Ipipeline, and railroads). The language proposed to amend the emina:,kt domain law (under proposed Section 40.11(a)) needs to make more speci;;tc reference to the types of eminent domain actions to which the Orange County- proposal! applies. The term "authority" needs to be precisely defined. Some q;:ross-reference needs to be made to the Environmental Management Comm$*4 Sion authorization procedure under G.S. 162A-7. Aleo, the proper .ref-t,ence to the primary source of the state eminent domain law is Chapter 49A of th.-•, General 'Statutes, not Chapter 40. =+iwrence comments that the veto by the Commissioner of Agriculture might not e decisive in most instances because the condemnor could and probably wou24 override 'the veto. If that is the likely result, an alternative may be to s�ghly allow the Commissioner or his representatives to comment on the cocce�+*nation_proposa-1 before any final action is taken by the unit. peLY= nment Rights Agreements -Article 2jof the proposed draft ordinance speaks of "development rights agents" but nowhere else is there any indication of just what such aS=7e rents would involve. The term "development rights" is not currently rec eized under North Carolina law. However, much of what is to be act -a -lished under the Orange County proposal may be carried out by means of ccr.-,vation agreements," provided for in G.S. 121-34 et seq. Specific reference probably needs to be made to those statutes, which collectively are Le=� :ed to asithe "Historic Preservation and Conservation Agreements Act." Theme agreements, which may be used to preserve farmland, run with the land any ",.eat be recorded. additional legislation may not be needed to use conservation agreements l manner suggested by the Orange County Program. However, some reference to c: tie use of these agreements in any legislative package submitted to the le,Le ature may be useful in order to indicate the full scope of the proposed 3 's; E .'b ;-:•. 5z, " --. Mr. Jim Polatty - Page 4 May 30, 1982 Campbell points out that the ten-and twenty-year agreements proposed in Article 2 do not qualify as charitable deductions for purposes of federal income or estate tax benefits. In order to do so, the party subject to the development restrictions must give up his rights to perpetuity. However, requiring conservation restrictions to be perpetual may not be wise since the income and estate tax advantages of donating a conservation easement to the county may be out of reach in any case. The Internal Revenue Service (and the • State) may not be willing to allow a participating farmer to deduct the value of the conservation restriction as a gift where the county is providing the farmer with a variety of benefits in return. I Tax Incentives! The questions asked with regard to Article 2, Section 2.3(h) are unclear. First, the natal diseeter exception indicated in Section 2.3(h) does not seem to relate the questions you ask under section (d). In addition, neither the proposed amendment of G.S. 105-277.3(b)(5) nor that to G.S. 105-277.4(e)(v seems to fit into the existing statutory framework. Don Liner maintains that the classes of participation on pages 3 and 4 are confusing. In moving from Class A to Class D, each succeeding class appears to be ubject to greater property tax benefits. However, no consistent patern is evident in comparing the term of any required development rights agreement in each of the classes. Class A requires none; Class B require a 20-year agreement. However, Class C requires only a 10-year agreem nt and Class D requires a 20-year agreement like Class B. Liner wonders what the logic of this is. Liner also points out that the listing of the criteria fer classification (Article 2) appears to be intermixed with the benefits of participation. (Article 3). For example, exempting new structures from assesamen (see under "Class D" on page 4) is really a benefit for property owners in that class, not a criterion for the land affected being so classified- . Some of t-e details of the assessment roll-back seem to be omitted in the ordinance. Th ordinance lacks an explicit statement that all taxes (based on a full market talue assessment) for the three preceding years are due whenever the propery to es its qualification. Similarly the ordinance does not specifically itdicate that a participating farmer is obligated to notify the Tax Supervisor whenever his land becomes disqualified. I wonder about the significance of Section 6.1. How is it possible to violate the ordinance? If a participating farmer fails to observe a conservation agreement or otherwise fails to observe the conditions of the program, does he not simply lose his eligibility? Or is he subject to a further penalty. . . . - • . . . . . ., . . - . - Mr. Jim Polatty Page 5 May 30, 1982 I hope th:'t this melange of comments is of some value. If you would like to discuss any ,f these questions with any of us further, do not hesitate to let us know. ncerely, i hard D. Ducker Assistant " - ssistant Director ROD:QM , ...., - -- INSTITUTE OF GOVERNMEN THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL g7514 Memorandum TO; Ducker PROW Ferrell . OATS; May 191 1982 sueJeciOran ge County Farm Preservation Program I ' I I. Al]. of the modifications proposed to be made in G.S. 277.2 through 105-277.7 witlii respect to appraisal and assessment of land at present use value for property taxation and administration of the tax roll-back provi- sions would be invalid. Article V, 5 2(2) of the North Carolina ' Constitution Provides Only the General Assembly shall have the power to classify property for taxation, which power shall be exercised only a State-wide basis and shalt not be delegated. No class of property shall be taxed except by uniform rule, and every classification shall be made by general law uniformly applicable in every county, city and town, __ and other unit of local government. Article XIV, 3 provides that Whenever the General Assembly is directed or authorized by this Constitution to enact . . . general laws uniformly applicable in every county, city and town, and other unit of local government • . . no special or local act shall be enacted concerning the - . - subject atter directed or authorized to be accomplished by . . . uniforml applicable laws, and every amendment or repeal of any law relating to such subject matter shall also be general and uniform iln its effect throughout the State . . . . General laws uniformly applicable in every county, city and town, and other unit of local government shall be made applicable without classification or exception in every unit of local government In combi ation, these two portions of the Constitution foreclose any ;. J possibility of interpreting G.S. 153A-121 (general ordinance-making auth- ority) or any portion of C.S. Ch. 153A, art. 18 (Planning and Regulation of Development as delegating authority to modify any general law classify- ing property for taxation or setting up any classification not already provided by general law. To so interpret existing law would violate the prohibition against delegating the power to classify property for taxa- tion. They allro foreclose any possibility of securing either a local act applicable to Orange County alone or a classified general law affect- ing less than all of the taxing units in the State to enable Orange County or less than a 1 of the State's 100 to modify or enlarge upon G.S. 105-277.2 i . .. .-..----...,...-..........,,,,,,,,..■............... . .-■••••••-■ - • ;-,' '; .: . . Memorandum t Pucker Page Two May 19, 1982 through 105A77.7. Any such enabling legislation would have to be "uni- formly appliable in every county, city, and town, and other unit of local government" in the State. See generally, Hajoca Corp. v. Clayton, 277 N.C. 560, 17 S.E.2d 481 (1971). II. Ther e could be some question as to whether existing general en- abling legisltion could be interpreted, Or a local act enacted, to allow the provision for assessment of attorneys fees as a part of the costs of a civil suit. Article VI, § 20 of the North Carolina Constitution provides that . . The"General Assembly shall provide for the establishment of a schedule of court fees and costs which shall be uniform through- out the State within each division of the General Court of Justice. I do not know whether assessment of attorneys fees by the court would be held to be assessment of "costs" within the meaning of Art. IV, § 20. Drennan, Brannon, and Cannaday should be consulted on this point. III. I Ido not believe the Court would sustain a county ordinance which attempted to restrict the power of eminent domain conferred by law . . on the State, or other units of local government, and public service cor- . ..._. poratione. I- would be constitutional to delegate such authority either by general la-t, classified general law, or local act. However, I would not expect anr such law to gain enactment unless it were strictly limited to Orange Couttty and excluded the State and public service corporations from its provisions (i.e., electric power, telephone, gas, pipeline, and railroad companies). . I IV. If a general law were enacted authorizing ordinances similar to the proposed Orange County ordinance, I would want a more precise defini- tion of what is meant by "any new structure permanently affixed and rea- sonably'used or farm activities" as set out in § 2.3(a) of the ordinance. The problem is with the word "new." Would it include a major enlargement or improvement of an existing building? V. I would also want a more precise definition of "poultry, swine or dairy bona fide farm units," I see two major problems: (1) how many :r chickens, hogs, or cattle does one have to keep in order to be a bona fide "poultrylfarm unit," e.g., and (2) what is a "farm unit." When it was first ena ted, the use value law referred to "farm unit." That con- cept proved almost impossible to administer because it implied that tracts of land did not have to be contiguous in order to be part of a "farm unit," Yet, no one knew what could comprise such a "unit," The use value statute now uses the term "farm tract." That has its problems as well, but tax administrators follow the rule that a "farm tract" is a piece of land within a continuous boundary, , ttill111111L, !MI . . . . . • . . Memorandum to bucker Page Three May 19, 1982 I have not gone through the proposed ordinance with a fine-toothed comb because it simply cannot be enacted in its present form without extensive enabling legislation. It is my advice that we report rather quickly and briefly to Mr. Thompson that there appears to be little use in refining the ordinance, as such, given the present state of the law. Rather, what is needed is work on:proposed enabling legislation to be presented to the 1983 General Assembly. Such legislation would probably include both gen- erally applicable provisions and provisions limited in application to Orange County. JSF:jj cc: Campbell Green Heath Lawrence Liner Sanders Dave Lawrence Special assessments Section 2.3(b) of the proposed ordinance would excuse from special assess- ments for water and sewer extensions farmland in classes 13, Co and D, until such time as the property was connected to the system. This result can be I reached by either of two methods, both of which require local legislation from the General Assembly. Present law (G.S. 160A-237 for cities and G.S. 153A-201. for counties and . water and sewerlauthorities) permits units levying special assessments for water or sewer projects to hold the assessments in abeyance. The period of abeyance is the shorter of either 10 years or until such time as the property is connected to the system. A local act amendment to the existing legislation, applicable to Orange County only, could be secured to extend the 10-year period of abeyance. The abeyanC le authorization is voluntary with the unit levying the assess- : -- ments. If the county is unwilling to rely on the voluntary participation of all units levying special assessments, local act legislation could be obtained exempting farmland meeting the classification standards from special assess- ments, until_thei property is connected to the system. There is precedent for completely exempting property from assessment, under circumstances that indicate that the property does not benefit from the improvement; G,S, 160A-222 and 153A-188 exempt property that is occupied by railroad tracks from special assessments. Thl legislature could reasonably make a finding that farmland is not immediately benefitted by water and sewer extensions and so constitu- tionally exempt Such property from assessment until it does in fact connect. ;• • Eminent domain Section 2. (e) of the proposed ordinance gives the Commissioner of Agriculture a v to power over condemnations of farmland in classes B, C, and D, which can be overruled by 3/4 vote of the governing board of the condemnor. To allow this provision, legislation would be necessary, either local or state-. wide. Ferrell has noted the political problems of such legislation, particular- ly as it pertains to condemnations by the state or by private utilities. I agree with his conclusions and would add that the ordinance seems really to be concerned only with local public condemnors; neither the state nor a utility has an "agency governing board" that could vote to override a veto. As a pract'cal matter, the Commissioner's veto would not often be decisive. I would suspect that in almost all instances it could be overriden. Given that result, much th same impact might be reached by simply requiring that the Commissioner—orl some other appropriate official or board--ba allowed to make I .. ._ __. his or its views known to the local condemnor before condemnation is finally I decided upon. This procedure would be more likely to achieve legislative approval and is ot ns likely to cause resentment by the condemning local . _... . . _ - government- 1 wiliiiiii■IP oRAE cammf BaA.RooF ~—'a~~ — Action A.gencla Itemmo' °T\- \. ACTION asEIZ1N IT •1 ABSTRACT mcEr'En DATE AUGUST 17, 1982 Subject: Proclamation--Clean Up Litter Week oepartnnt,Voard oY Commissioners | Public Hearing: Attachment(S); zni,znetion Contact: Paulette Pridgen-Pold Yep, Proclamation DOT letter Phone »�o� : 732-8181 ext.Number: 510 ,""PxE' To proclaim September 13-17 Clean Up Litter Week in Orange County. mcEo` Last April l9-24 was Clean Up Litter Week in Orange County coordinated by Recreation Director, Wayne Weston and Mr. Ebert Pierce of 4g Exteosinn DOT will fjmish litter bags and truck pick-up support again. Extension. The 8nard'q suggestions for implementation of Clean Up Litter Week, should the |Procldmatioo be adopted, will be appreciated, IMPACT: A cleaner V'uoVe County. RECOMMEN0Al0N: Adopt the Proclamation. PR0CLANATlVN ' ' WHEREAS, THE North Carolina Departme�C of Transportation has designated September 13-17 "Clean Up Litter Week" on North Carolina highways; and, WHEREAS, THE Orange County Board of Commissioners recognizes the benefits derived to the County when the highways and streets in the County are litter free; and, WHEREAS, THE Board of Commissioners recognizes the negative impact on visitos and citizens when litter is permitted to accumulate; and, WHEREAS, THE Board of Commissioners wishes to encourage and endorse the concept of "Clean Up Litter Week;" NON, THEREFORE, BE IT PROCLAIMED THAT THE ORANGE COUNTY BOARD OF CDOMlS5IONEKS DOES HLi'!F8Y DESIGNATE SEPTEMBER 13-17 CLEAN UP LITTER WEEK IN ORANGE COVHTY, BE IT FURTHER PROCLAIMED that the Board of Commissioners encourages all citizens of Orange County to participate in Clean Up Litter activities in their oaiqhbvrhonds. THIS, the day of August, 1982. Richard E. Witted, Chair --- - Orange County Board of Commissioners ;._ . . ;' !.'-6.,;i_ :-'.' • z,'''''' l• - "..,, : -'. ...i', . _,,_,.k.r.( :,....,,, 7.' , • k q e C) .J • • S/67 r; 177 . r...1■• "'c., •• 1 1 '11 17 %,,,..„....0 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION RALEIGH 27811 --JAMES B.HUNT.JR • - _ WILLIAM FL ROBE.RSO V,JR, _ GOVERNOR February 26, 1982 SECRETPAY .. The Honorable-Ann Barnes . Chairman Orange CountY'Board of Commissioners 106 E. Margaret Lane Hillsborough, North Carolina 27278 Dear Madam Chairman: I am pleased to advise you that we will again set aside tw. weeks for a statewide concentrated pick-up litter effort. •- eeks designated 4s "Clean Up Litter" weeks will be April 9-2., and September 13-17, 1982. I Let me ask 1 that you solicit participation by your local civic clubs and organizations in this cooperative effort to clean up our . . , roadsides in North Carolina. We will extend the spring campaign through Saturday to accommodate participation by various youth groups across the State. The Governor's Office of Youth Involvement is coordinating participation by youth groups under adult supervision in our campaign. This is a good opportunity to educate our young people and focus their attention on littering which costs our State apiiroxima-te1y-$2-.2 million each year. I • We will again furnish a minimum of three pick-up crews in each county and will provide litter bags, signing, and truck pickup support for 1 all outside organizations that wish to participate with us. We will also distribute appropriate bumper stickers, brochures, Posters and lapel buttons to publicize our campaign. This effort will be coordinated through our District Engineer's Office. The,District Engineer in your area is: Mr. S. H. Jones Box 766 Graham, North Carolina 27253 Telephone: 919/228-1727 Sincerely yours, WRRjr/nr William R. Roberson, Jr. _ Pr':air*V' • '''klar$111 :'; ill' it.;:i *A'r ''. ,m,m,,,,,............_ 1/82 1 A,2 Copy of a Resolution Passed by the Board of Commissioners of Orange County, North Carolina The followingIresolution was offered by and a motion was made by _, that it be adopted, this motion was seconded by and upon being put to a vote, was, — I carried; I Whereas, the orth Carolina Governor's Highway Safety Program, hereinafter referred to as GHS , proposes to implement a program to assist orange County, hereinafte referred to as the County, in protecting their young children against death and serious injury in automobile accidents GHSP will provide the County with a supply of crash-tested automobile child restraint devices (CRD's), provide for the initial training of personnel who will implement the progr to learn how to properly install and properly use the CRD's provided, pro 7 de all forms necessary for operating and keeping records of the operation of thl program, provide materials developed for GHSP designed to educate parents about using CRD's, provide technical advice and general supervision to County personnel; PROVIDED, the County agrees to provide manpower or to designate a local group or agency, Oran Count Ch' d Passen: sociation, who will provide thL manpower to coordinate, publicize, and operate the distribution of CRD s within the County for a period of not less than two (2) years, to obtain 6Q additional crash-tested CRD's and to use them in this program, to ,insure that every parent who is loaned a CRD is given appropriate instruction as to how to use the CRD properly, to provide training for all persons involved in the loaner program who are not initially trained by GHSP, to report in three-month and twelve-month intervals as to the financial and implementation status and inventory of the program to expand the program to its fullest extent possible based on local demand and/or manpower available to run the program l that any funds generated by the rental of CRD's provided by GHSP will be used to purchase additional CRD's or to replace and refurbish older seats, to ensure that all programs within the County that provide health related educational services for lower income groups are aware of the program's existence. to provide information regarding toddler seats for participating parents who are returning their infant carriers, to be a focal point for child transportation safety dissemination within the County by using materials provided by GHSP. Whereas, the GHSP Local Government Child Restraint Loaner Program hereinabove described is considered most necessary to the preservation of the. safety and welfare of the young children within the County. NOW THEREFORE BE IT RESOLVED THAT THE GHSP Local Government Child Restraint Loaner Program set out hereinabove be and it is formally approved by the Chairman of the Board of Commissioners and that the County Manager of this County be and is hereby empowered to sign and execute the required agreement between this County and the GHSP to acquire the benefits of the Local Government Child Restraint Loaner Program herein above set out for the County. This resolution was passed and adopted the 7th day of m.� August , 1982 I, Richard Whitted Chairman of the Board of Commissioners of Orange County North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Board of Commissioners of this County; report in three-month and twelve-month intervals as to the financial and implementation statUs and inventory of the program to expand the program to its fullest extent possible based on local demand and/or manpower available to run the program that any funds generated by the rental of CRD's provided by GHSP will be used to purChase additional CRD's or to replace and refurbish older seats, to ensure that all programs within the County that provide health related educational services for Tower income groups are aware of the program's eAistence, to provide information regarding toddler seats for participating parents who are returning their infant carriers, to be a focal point for child transportation safety dissemination within the County by using materials provided by GHSP. Whereas, the GHSP Local Government Child Restraint Loaner Program hereinabove described is considered most necessary to the preservation of the safety and welfare of the young children within the County. NOW THEREFORE 1BE IT RESOLVED THAT THE GHSP Local Government Child Restraint Loaner reinabuve be and it is formally approved by the Cha1rmmn vf the-Board-of -6mnm1ss1nners and that the County Manager of this County be and is hereby empowered to sign and execute the required agreement between this County and the GHSP to acquire the benefits of the Local Government Child Restraint Loaner Program herein above set out for the Coonty. This resolution was passed and adopted the 17tx day of August | , 19 82 • l, Richard Whirred Chairman of the Board of Commissioners of Orange County North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Board of Commissioners of this County; • ort" WITNESS my hand and the official seal of the County of Orange on this day of , 19 Witness COUNTY OF Orange NORTH CAROM% ���� —~" omANcscnomz ` BOARD OE C.DXMznxzoxn,s Action Aga` * . ..' ACTION AGENDA ITEN ABSTRACT Item mz''1^' ) METING onn A»gusL l7. 1982 soujcct` Annual Certification of Firemen ---- tront` County Manager --'l | PubII ; yes % no�_| AET(:c6ment(s) : Information contact: Yes Kenneth R. Thompson 7J� Dl8l oxt 5Ol Phone N��er: ' ' PURPOSE: To cnnSider delegating the responsibility of annual certification of firemen of fire departments operation under contract with Orange Cnunty, NEED: General Statutes, Chapter 118-13 requires that fire departments certify annually to the H. C. Fireman's Pension Fund a complete roster of its qualified members. Certification insures that firemen will qualify for Workmen's Compensation and other forms of life insurance provided by State and Federal governments. _ zmeocz: Delegation of the responsibility would relieve the Board of having to annually certify rosters for each fire department yet will allow the Board, through its designated representative, to continue monitoring the certification process to insure that State requirements are net on a timely basis. It would also have the effect of providing a focal point. Hr fire departments to go through to make amendments as member- ships change. State law now permits this d0eqat1nn R[CJKEUD8TlOH(5): Authorize the Director. of Emergency Services to sign the certifications for the County as these annually become due and for any revisions during the year. • 36.6 STATE DP" CAR7.; '.A DE P TMEN T STATE , : TDFIREMEN'S AND RESCUE SQUAD ".QRK ER'S FUND DWI 5iON 3CC, SALI55L:FIT 57RaEs. AL5l5H, .. C. 2”S I ANNUAL CERTIFICATION OF FIFEX-EN -- -4-- - GenQral Statutes, Chapter 116-23, requires that a:1 certified fire departments certify annually to the N. C. Firemen's Pension Fund a complete roster of i:s qualified firemen. the follo4inE certification along with a complete roster of all active firemen k as nf June 30 of e rh year must be submitted to the N. C. Firemen's Pension Fund, 115 W, jones St. , Raleigh, N. C. on or before July 31. Failure to sumiz this certificatior with a complete roster will result in the loss of the death benefit provided b' The State. CERTIFICATIO:; We, the in our capacity as the 2overning (Governing Body) body of the Fire Department, certify that we have and find that attached is a true and accurate list of all active firemsr, of the Fire Department, address County of , North Carolina, Slier ad title - ----- Date _-- For Fire Deoa-t-en, Chief Only /. • •'-)" 1 . , Chief of the Fire Department , certify the attached roster is a true and accurate list of all elignile-fire- men. (Eligible firemen are firemen who have met the required 36 hours of meetinzs and drills during the last calendar year (July 1 - June 30) . In addition, the term "eli3ible firemen" shall mean those firemen who have joined the fire department within the calendar year and are in the process of completing the required 36 hoL:rs of meetings and drills.) " 7 L.( Fire Chief — Date ;TER MUST 3E ATTACHED WITH NAJES IN ALPFA3ET1CAL ORDER. f'Firemen on authorized "Leave of Absence" are to be included on the roster, 14henever new fireman is added to the roster during the year, his or he: vlar . should be ton:are.! the Pension Fund Office 367 PAGE I 0■'' 1 --- ------L-------.-.-------------..------------------.---- c.67,7F.r----- ' “, DEPA,r7,..,ENT ...N.1%t Or,,r.7,) 1,1ro DO D 0 rtment.., c/o Eland Vol. Ftro Co., Inc. One) . ,.,..7.-..--_-_"--7.----:--_----,------------- r 0 A r r-..4 e.:..■ C7,------ Robot t g.illot• 7327021 June 1, 3.9F32 Aporc.z.s.; sociAt_ 5E'1.,U;1',%' ..:.H). 77-16.2.:,,,_21,_AI__1 o.r,:d Et.s!ntloy Cacil, Jr-.,._ 0 Box 56, Efland,, U. C. 272/15 ----------------------,-..,---... Ronaid, C'cci.1 P. 0. Box 112, ::,:flartd, N. G. 27245 * 2.4 Fir17 it 1 0 71 0, 9 .---------.-__- ..----___-_-_-_----__„-._, __t_.1_,..;,......1.__, In tlie.:.' Eduard Cl'abtru:: 1P, 0. Bo:;:, 61, Ed.: ..nd, N. C. 27245' 23:7 18 p 1 7,y , l', 9 I-..-- Konnoth. Rich;.rd Bcnitle 1P, O. Bo:: 55, Eflanci, N. C. 2724,3 127,77,519,-,7,--17-1,-,---c,Fz, -----------------1--- Cr..51d Cla,..0,.1 Efltncl 0 IP. . Box 97, F•fland, N. C. 27243 25:o7 p Douiln s "Ko.11:.h F....'land - - ":57-0-7-ti87-7;3--, .7..7 fiT-.naT-Ti-.-C7-2TZ:':)----1,-T:"ri,1-9- 9-1";-1."F-.1.1.-:',-•5- i.-" • Jon Lina5t,,,,; F,fland III -C1T-Z,72.45---- ___---7.-_--.-----_- -__.... - I , • ________ ?.......0. Box 2.(,, 7.:11.-.trid, N. C. 27243 215 t 3 7 0 6. 2.1. 7: 01 .__----_-:--- X7.rtin 2...Anon Eland P. 0.. Bo::: 146, Ef`land, N. C. 27243 121317 7.7.2 rtS5 7: ;1! --------,:'-----------,'------- Ftobor t ?le-...1:t: ,r, Efl and IP. 0. Box 35, Efland, N. C. 272 ,) 2:140 pi IL,: 51' 6, 71 _._ P.syf'or d A1 1 17..it F.7.,i r t:1 __ Rau to ;If,, Box 452-7- , 1-.,zba,13, N.C, 27302 2,141-2-t,,5 breti Cr.1.641 Grablon, Jr. _ kouto 41, ,Box 201:, Efla.o.d, 11.C, 27243 -:2.:' 4:417 ',4 :1,,....,rnor.d Dalt la lits.r...`,:loz' floutc ;11, Box 210, Efland, N.C. 27245 2157 7 ?tt 12 4: 0 1 „ Willi.= Rob2rt, Foff'.1.,,r Routo ;;11, Box 272, Et.715.1r,(1, Z1,0. 27245 2 11 410 1.1.,H __ ---_-_-__------_---._----- John vid i'iop',...inJ Box 2142, Erlanri, N. C. 27243 2L31177-11 .) , )1illian 00'..c Hookinn Routo g , Box 332, Vobane, N.C. 27302 2s13$7 Li, -- 1.2,1:2_1); ,..,:,2•12,v,d hirer . P.O. =lox 251 , Ef."lord, N. C. 27243 1 : _12,1L1117 t - , Ronnio n C. 1 Robert. ,turnb,all .111.1cr - -- , • , .... Route F3, Box. 453, Xobc N.C. 27' ,._ 10 02----- ------ F _ --- -- Rout o 41, Bo x 1.30, Efland, 11.0. 272 5, 1 tii ,tin= Et.tzt:trop Scott. Routo .:-.5, Jo x 575, Yobarto, ;1.C. 27502 I , i7 I ion tno=no Shar&lin Routo ,i1,3, 3.7::- .136, ').'.abaro, N.C. 27302 '(11;. :2 j :., 8, tt •- Floyd Lo Taylor Rou to -..1.,1, B-..: 259-S, .*.71[a nc ir'..N.L.. 1/e`..!,,,, :____47„: '7,''''.1 '4 t,P.on qinnirt pout° el, Box 138, Efland, N.C. 272 t5 :1 ;-.2-71("7;• ..,..„.... ...._ _--t_. 1'1 --1 ' --v :: ifli'-hurat ---- - 4 -r ._3.-_,.....1i. ...2 ,.........._.,... R ou to 4;1,_ Bo, 1,..,6, .t.,land, N,C, 47 ,.. 2'75---i,; '.1T1-6-2-770-Th' i.,_ __,, - , _ -1 G:sorztt Edward IThitted FOLle.0 41, 90;{ 1,104, Eflond, N.0. 272-'13- 2: 46 --- -) Zrli.f' 'Nam---?...-.74124,..1.r..lon - P 0 Box 69, Ef15;0.1, N.C. 272.1,3 21 4: 1510 120 ,0 :- ,....., , I-- Cotncor WI.loon I.Rout(' el, do:: 111, Efland, N. (f7-27:---..17) 2114, 2 B:0 C. 2724T 21 318 14 18 15:9 7 ,../ Fet-tul .F.:,...:1.Yu1.17. _ Rout u i!",i,", Box 234, '1,I,3b,,,,1:1, !i,C. 27302 ' t-mr---1-.--1--- -r-,t. 21 LI 1 5 la / o,2 t6 Ittipl • ' ------ ---- ----- • ----- . , 111 , ---- , _-_----_-_-__ 1.- L L-1- '' ...I...- 1 1 1 I ..........-m■-.,......,... ...-...--m.,-,...**.......,,............*......... ..-m-,--....,--..,............,-..-..s....-.-mr,..........--a*....-..............*, L ' : ....„...--r__.........!... , ...,:- 1 I J I . 1 . -.. . , , tr - „_... I, . I, 1 ; I, . .----- L i , . ,_______ .______ __-__ ........____________ ..._, L......;, $ , , , I 1 , 1 , 1 $ ,..._,_. ,..._..,___.......5__ I-. ,,,,, _ _ 368 0,aiv.s:GE: CCU -1130D Oi CO1551:05 Action P.zinr41,_i •"? ILem TTE3.11.acirPATS.' • DA727, AL:1";11$U, 17. 1982_ Subject: Infant Automobile Safety Seats Heal th Public Er",r1ring: yes j10 IriforiTetiCn Contact: Jerry Robinson ttac.7117, 171t(5) : 1. Resolution to eSt2D1.1511 program. 2. Program Agreement phone E.w.t. 311 1. To obtain from the State at no cost, up to 260 Infant Automobile Safety Seats to match the 60 purchased by Orange County. 2. To designate the Orange County Health Department in co.7speration with the Inter-Faith Council of Chapel Hill Carrboro and the Orange, Congre- gations in Mission as the operational agency for this program. This consortium is known as the Orange County Child Passenger Safety Assoiat;:r1 . Need: It is estimated that up to 1,500 of the 3,994 children of four and below years of age (1980 Census) will be unrestained when automobile passengers without a rental program. Such restains reduce the probability of death by 90X and of serious injury by 73 . ImPact: This agreement with the State will result in up to 260 additional infant restraint seats being added to the program, thereby protecting that many more children. Rocc77:7n:ThtiOn(s) : A. Adopt the aL.,Lched R:.solution agreeing to establishment of the B, . ..cution of the 'Program Agreement' with the ;-. C. Higi Sa -cy Program for two years, after which all seats :.e.come property of Orange County. 365 �, ---_------_. - - - - _ ' ` 1/82 / A2 Copy of a Resolution Passed by the Board of Conmisiunerf; of Orange County, North Carolina The folloxing resolution was offered by Cnnmjssiompr A'"ta°psan and a motion was made by Commissioner Gustaveson that it be udopted, this motion was seconded by Commissioner Walter and upon being put to a vote, was unanimously carried; Whereas, the North Carolina Governor's Highway Safety Program, hereinafter referred to as GHSP, proposes to implement a program to assist ozac:e County, hereinafter referred to as the County, in protecting their young children against death and serious injury in automobile accidents GHSP will provide the County with a supply of crash-tested automobile child restraint devices (CRO's), provide for the initial training of personnel who will implement the program to learn how to properly install and properly use the CRO's provideU, provide all forms necessary for operating and keeping records of the operation of the program, provide materials developed for GHSP designed to educate parents about using CRD's, provide technical advice and general supervision to County personnel; PROVIDED, the County agrees to provide man;o*er or to designate a local group or agency, oranF.E. County Child Pa,sen�er ��,izc;ation who will provide the manpower to coordinate, pu6licize, and operate the distribution of CRD' s within the County for a period of not less than tuz (2) yeam, to obtain jg additional crash-tasted CRO's and to use them in this progran, to insure that every parent who is loaned a CRD is given appropriate inst7uctioo as to how to use the CRD pmperl: to �rovidc training for all persons Inv in the loaner program who are not initially trained by GHSP, to 370 . ` � � � � report in three-month and twelve-month intervals as to the financial and implementation status and inventory of the program to expand the program to its . fullest extent possible based on local demand and/or manpower available to run the program that any funds generated by the rental of CRD's provided by GHSP will be used to purchase additional CRD'o or to replace and refurbish older seats, to ensure that all programs within the County that provide health related educational services for lower income groups are aware of the progroo`s c*isteoce, to provide information regarding toddler seats for participating parents who are returning their infant carriers, to be a focal point for child transportation safety dissemination within the County by using materials provided by GHSP. Whereas, the GHSP Local Government Child Restraint Loaner Program hereinabove described is considered most necessary to the preservation of Uo safety and welfare of the young children within the County. NOW THEREFORE BE IT RESOLVED THAT THE GHSP Local Government Child Restraint Loaner Program set out hereinabove be and it is formally approved b' the Chairman of the Board of Commissioners and that the County Manager of this County be and is hereby empowered to sign and execute the required agreement between this County and the GHSP to acquire the benefits of the Local Government Child Restraint Loaner Program herein above set out for the Coonty. This resolution was passed and adopted the !7,T, day of �v���c , 1982 I, ?ichard Wnictae Chairman of the Board of Cnnmistinnprs of or��«w County North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Board • of Commissioners of this County; ���� _ , ~` , . - - - ' , _ `-- _ - WITNESS my hand and the official seal of the County of Orange C on this x�/ . . day uf ����— , 19 J9c)- — COUNTY OF e y 6° (L u�� r`^ �^�=`�z"^ NORTH CAR • ����t • " . T/ - ' - - u � ���� _ � ' - A3 - ' Rev 1/82 NORTH CAROLINA Orange COUNTY +*^+**+*++**' +*** *+`+^^+^^+*+*+°7A+**^°°+++* *^+* NORTH CAROLINA. GOVERNOR'S HIGHWAY SAFETY PROGRAM LOCAL GOVERNMENT CHILD RESTRAINT LOANER PROGRAM AND AGREEMENT • COUNTY OF Orange *'**,,:****.k*********-1,***** ** ********'******k***** THIS AGREEMENT, made and entered into this the 17th day of August 19e2 . between the Governor's Highway Safety Program of the Division of Motor Vehicles of the North Carolina Department of Transpertatinn. HEREINAFTER refer' ed to as GHSP, and the County of Oran _ herpinafter referred to as the County. N \ TN [ SSETH Whereas, GHSP proposes to implement a program to assist communities in protecting young children against death and serious injury in automobile accidents by instituting a method to educate parents and other adults as the dangers involved in transporting children in cars and to assist in providing parents with a safe method for transporting their children in cars, and Whereas, GHSP proposes that this can be achieved through the following steps: (I) To designate a volunteer group as a local child passeng�r safety focal point; (2) To disseminate information to the citizens of a locality concerning the importance of child passenger safety and weans to safely transport children; _ . Z573 ~1! --- ---- ---- — , . (3) To provide infant car carriers to the public at a reduced cost through a loaner prngran, and to make this program known to the citizens of a locality, particularly those with the _ greatest need for a low cost restraint; (4) To insure that program personnel and borrowers are well trained in the appropriate child restraint usage techniques; (5) To develop and disseminate locally-oriented information concern- ing availability and use of safety seats designed for toddlers and older children, and, Whereas, in accomplishing the above, GHSP agrees to: (1) Provide the County with a total of 260 crash tested child restraint devices (CRD's)( 96,0 6N1/Century Infant Love Seat(s) , Century Trav'L-Guard(s). and Teddy Tot Astrnseat(s)I that have been carefully sele-cted by GHSP on the basis of crashworthiness and ease of use to be distributed within the County; (2) To designate personnel who will provide initial training of personnel designated by the County as to how to properly install the CRD's in cars and how to properly secure a child within the CKD; (3) To provide all forms and instructions necessary for operating and keeping records of the operation of the program; (4) To provide materials developed for GHSP designed to educate parents as to the need to use CRD's and how to use them properly; (5) To provide technical advice and general supervision to County personnel or to the individual(s) or group(s) designated by the County to operate the program or to designated other personnel who will provide such advice and supervision; and Whereas the County agrees to cooperate with GHSP to the following extent: " ( l) To designate a local service group or County agency, lur2p«.e—Cnun~z nn/la pp==~-13rc x~f~'` �� ^po ,�� to , —_ '� provide coordinate, publicize, and operate the distribution of CRD' s and educational programs for a period of not less than two � ^rs after the date of this agreement and who will aid the County in carrying out the following tasks. C.: : To ob ain 60 /ditional crash-tested CRD's and to use them in this pr- Jm; ��7� ,, , � � — — r . (3) To insure that every parent who is loaned a CR0 is given appropriate instructions including a demonstration of how to secure the infant to the [RD and how to secure the [RD to their automobile and that each participating parent signs a rental agreement (provided by GHSP) which states that they understand these instructions; (41 To provide training for all persons involved in the loaner (4) program who are not initially trained by GHSP, (5) To report in three-month intervals (quarters) the financial status and implementation status of the program to GHSP through forms provided by GHSP; to the fullest possible with e � th � ll t (6) To expand the program u the limits of the program being determined by local demand for the CRD's and/or hy'nanPower available to run the program; t d by the rental(7) That any funds genera y `e ren of CRD's provided by n e a GHSP will be used to purchase additional CRD's or to replace and rei'urbish older seats and that once the program has been expanded to its fullest extent, that any funds gener- ated by CRD's provided by GHSP will be used for other projects related to highway safety in the County; (8) To make contact with other agencies or groups within the County that provide health related or educational services for lower income groups to insure that the lower income population of the community is aware of the need to use CRD's and that they are available at a low cost through the distribution program; (9) To provide specific information regarding CKO's for toddlers to participating parents upon return of the rental infant carrier, This should include both information related to types and advantages of various seats and information concerning local availcbility. This latter effort may require a survey of local retail outlets to determine such availability and costs. (10) To be a focal point for information dissemination for the remainder of the community by distributing educational materials provided by GHSP and by providing education to the community as to the various types of CRQ's, IT IS UNDERSTOOD AND AGREED that at the end of the two-year period from the date of this agreement and upon successful operation of the program by the County or by individual(s) or group(s) designated by the County, that all project related materials and funds shall become the property of the County and that the requirement /r quarterly reporting shall cease, 7' 37.6 - - . . IT IS UNDERSTOOD AND AGREED that the County will not file suit against the North Carolina Governor's Highway Safety Program or the State of North Carolina nor allow anyone to sue on t*e County' s behalf for any claims arising from damage or injury caused by use of the seat. BE IT FURTHER i .DERST0OD AND AGREED that if the program is discontinued by the County or by the individual(s) or group(s) designated by the County to operate the program prior to the end of the two-year period from the date of this agreement, that the CRD's furnished by GHlP and additional CRD's purchased with any remaining funds generated by the rental of those CRD's shall be returned to GHSP for use in other programs in North Carolina. BY: —_ County Manager Signature ATTEST: -- ' (Clerk) County Manager (Type) -- (Date) -- - Street or P.O Box City, State (Zip) DEPARTMENT OF TRANSPORTATION BY: ATTEST: -----Date) 378 - , ~ ` . ^ ORANGE COO -- ronno OF nDx�TvozonEns Action og�`u� ACTION ACF,NDm ITEM AT:ISTPAr22 Item »sn rzun DATE August 17, 1982 Subject: Proposed High Technology Training Grant Application for Women JIY,T.?xtment: County-- Manager | | PoWi 9: �� J� no.] /ttacnn*�t(s> ; -------� ' Information monta:t` -- � Ye,la Insto [um for Women, ext. 487 Oo ` ' ` � " Ernest Mangum, CETA, ext. nOO ' zhuueGsnibec: 733-8181 PURPOSE: To consider authorizing an application to be submitted to the Department, NEED: With high technology industries moving into the area, job opportunities are being developed which cannot be met by local citizens without retrain- ing. The U.S. DOE is willing to make monies available, for this from u special project fund targeted for women. A grant application has been developed which would provide training in computer operation for 10 ,*men and orientation and motivation training for another 20 women in related occupations. Durham Technical College has agreed to provide the instructors. The Commission on Women Director would supervise a part-time job counselor fundr under the grant and file the progress reports, ' If funded the project would supplement women employment goals, an objective already existing in the County's CETA Program and Commission on Women Program. IMPACT: Total grant would be $29,988 of which lOOX is federal, REC0MNEhDATIOH(S): ��ttal xpynovc m , . . , ... — --------,_ ....---- - 3 CERTIFIED FOR NADONAL DEFENSE UNDER 4, PAGE til A*N C4 5 FORM 33, NOV. 1969 SOLICITATION, OFFER, ROSA REG. 3 ANDiOR DMS REG. I., - ERAI., SERVICSS ADMINISTRATION '5,3 PROC REG. (41 CFRI 1-16 lo s AND AWARD i 4 RAYING. _ . 1 CONTRACT (Proc. fem. !drys') NO. 2. SOLIciTATION No S DATE ISSUED 6. REQUISITION/PURCHASE REQUEST 4,10.. . ... Req.. No. 127634 , . . 0 ADVERTISED ri NEG0T....no (IFB) • , 1---J (RFP,) ., 1 ' "Me'i'•;;SSUE0 f3Y -B. ADDRESS OFFER TO (If other than Block 7) ' Purchasing Department ___ I Purchasing Department U. S. Department of Labor • ' U.S. Department of Labor • . 1371 Peachtree Street,1 N. E. Room 110 ! 1371 Peachtree Street, N. E. Room, 110 Atlanta, Georgia 34367 : Atlanta, Georgia 30367 • • , 1 _ SOLICITATION' • ... ._ • : '7 SERIe2 offers in original and 1 copies for furnishing the supplies or services described in the Schedule will be received as the place specified in block 8.OR IF HAND-CARRIED.IN THE DEPOSITARY LOCATED IN Purchasing Dept. Rut 110137 1_ Peactee S1 . i untit____4131.3 P.N. AuvO 13,_11'82 . If this is an advertised solicitation,offers will.be publicly opened as that 1 (Tien.. Zee,.as/Clair) rime.CAUTLON—LATE OFFERS.See par.8 of Solicitation Instructions and Conditions. j All offers are subiect Tithe following:1 3.The Schedule included below and/or attached hereto. 1 1. The attached Solicitation ItntrUCtiOn3 and Conditions.SF 33-A, 4.Such other provisions. representations. certificatioru, and Specifszationa 2 The General Provisions.SF 37 I rCLitiOfl,which is attached as ace attached or incorporated herein by tzfereoce.(Anachasenrs are listed or incorporated herein by te(eterice. in the Schedule.) . FOR INFORMATION CALL(Saw and Tritpbonr No..) (No collect cant): . _ . . ------; — SCHEDULE --- 10. I 11. . 12. 13. 14. • 113. ___ ITEA1 NO. ' . SUPPUESISEIPACES QUANT1TY UNIT UNIT PIKS AMOUNT- --- . . The U. S. Department of Labor/ Womens Bureau Agency Request) Proposals for a pilot project to train RuraJJ and/or Low income Women for High Technology Occupation. The Statement of Work is Attached (Pages 2-4)S. - — ..*". ..,-- ' . I OFFER (NOTE; Reverse Most Also Be Folly Completed Ely Offeror) --- _____ . - t . In compliance with the above, the undersigned offers and agrees. if this offer is accepted within.......—calendar days (GO calendar days unless a elifferent period is inserted by the offeror) ficim the date for receipt of offers specified above,to furnish any or all items upon which prices are offered,at the 1 ;nice set iip-piiii:r:inEh:ieefti;-deliverd-et-the--desia-nated-point(s). within the time specified in the,Schedule. , • I5 DISCOUNT FOR PROMPT PAYMENT per Oar.9 om SF 33-.4) 1.. 10 CALENDAR LTAYS, I % 20 CALENDAR DAYS, " % 3D CALENDAR DAYS; 1. CAILNDAR DAYS. 17 OFFEROR CODE I FACILITY CODE IA. NAME AND TITLE OP PERSON AUTHORIZED -, NAME E ADDRESS 1 — -- TO SION OFFER (Type or Pried') - (..71,11.city, Orange County Commission for Women Richard Whitted , Chairman . (war..ih111, Uzip [ar) 131 Court Set Orange County Board of Commiss. 1 re., Cade uerd g1 .._ 11qTrough17 N.C . 27278 .- 19. SIGNATURE 20. QPFEF DATE -r. 1 (p19) 732-8181 ext. 487 0 Clerk If Remittance.-tddrrel h Ditjr,ror From Abort-Eater Such.Address lee Schedule, I '0 / lg ' *4°e" '/) akil 0 AWARD (To Be Coif:p.(1rd By Gorermnott) , - - — :I ACCEPTED AS To ITEMS NUMBERED 22. AMOUNT 23, ACCOUNTING AND APPROPRIATION DATA ------ — .. .. SUBMIT 1NVOICSS (.: op.:,Mal.,004)ra-he Ipecified) TO ADDRESS 31OwN IN 33- NEGOTIATED EFT0-0 S C 3.30,1p5 I , aLoc4 __„.. PURSUANT 70 , - - 27.. PAYMENT witi. BE ADECBIY 41 U.S.C. 25.1ch 7 • -10MINIST E RED El ' CODE I m CODE I — - f 'vier Shun Hoek 7) - --- . OF CONTRACT/N n O'OFFICER (Ty',or Priu 29 'UNITED STATES OF AMERICA 30. AWAIr3 DATE (Signatorr,of Comfracting 0/ ,,j ------ NA SMALL BUSINESS(Set pa 33-4 1 r 14 or SF `le D.4..7 Is not,a small business:pacrrn.I,'uiicror is a small business concern and is nor the manufacturer of the supplies offered,he also repro .tits that r upplcs.t,be furnished hereunder D tLiil, a ill no be manufactured or produced by a small business concern in the United States,its posse ions"or r i\7 Rico r'„GL'LAR DEALER—MANUFACTURER r,ip!ol,rablr on!! !o tupp4 contract:exceeding St0.00O.) NA tic is a D regular dealer in D manufacturer of. the supplies offered. CONTINGENT FEE are par. 13 on SF 33—A.) NA is I He 0 hss,0 has not,employed'or retained any company or person(other than.r ful/.,time. bona fide employe working solely for the offeror) cr, this cons:re e, and (h) he h] has ❑has nor,paid or agreed to pay any•company or person(other than a fat J to soli, :rr.r)any fee..commission,percen:aFc,u: b:oi;erage fee contingent upon or resultiingfrom the award of this contract;and agrees CO finish nfo ru On rel:r. to (a: a r.4 (b) above„as requested ti)•the Contracting Officer,(For interpretation of the representation, including 1hr term •'bona fide employer."a Code o ecerri Repd.rtioos. Title 41,Subpart 1-1 5) of a TYPE OF BUSINESS ORGANIZATION NA He operates as 0 an individual, D a]partnership,0 a nonprofit organization,0 a corporation,incorporated under the lases of the Stare of - _. _ S.. AFFILIATION AND IDENTIFYING DATA(r(Dplirableonly to adterrhed solicitations) _ Each offeror 01a11 complete (a) and (b) if applicable.and (c) below: (a) He D is.Q is not,owned or controlled by a parent company.(See par, 16 oa SF 33-A,) (b) 1f the offeror is owned or controlled by a parent company.he shall enter in the blocks below the name and main office address attic parent-company; Name of Parent company and main office address_ (include Zip Cade) _ ....__ '--- (c) Employer's identification number(See par, 17 on 5F 33-4 —,---- c. EQUAL OPPORTUNITY N ietodt EJ, No.) (Porno Cosepa,rya E.1, No.) He()has.0 has not;participated in a previous contract or subcontract subject either to the Equal Opportunity clause herein or the clause originally con- tained in section 301 of Executive Ord No. 10925,or the clause contained in section 201 of Executive Order No 11114;that he 0 has.0 has not.filed all :egaired compliance reports;and that representations indicating submission of required compliance reports,signed by proposed subcontractors.will be obtained ;nior to subcontract awards,(Ti e abort representation nerd not be ruba:irled le connection with rontnrrts or jrtbroatraw ulbtrb.err etiarpt front the dam) ' BUY AMERICAN CERTIFICATE I 'The offeror hereby certifies that each end product,except the end products listed below,is a domestic source end product (as defined in the dowse entitled Buy American Ace );and that components of unknown origin have been considered to have been mined,produced,or manufactured outside the United Stara. =AMMO END PRODUCTS COUNTRY OP ORIGIN 5.. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION pre par, 18 on SF 33-4,) (a) By submission of this offer, the offeror certifies,and in the case of a joint offer,each parry thereto N testifies as to its own organization,that in ten 4'ITh this pr Urmissiont: "` (I) The prices iii-this offer have been arrived at independently,without consultation.communication,or agreement,for the purpose of restricting compe rition,as to any matter relating to such prices with any ocher offeror or with any competitor; dire (2) Unless otherwise required by law,the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and`+ill nn ctly of indirect ly to to nt other 1orrto any competitor;and of an advertised procurement or prior to award in the case of a negotiated procurement. (3) No attempt has been made or fall be made by the offeror tolinduce any other person or firm to submit or not to submit an offer for the restricting competition. (b) Each person signing this offer certifies that: purpose of not participated.( is he person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has and will not participate,in any action contrary to (a) (1) through a (2)°(i) Ht is not the �_'� O �) 3 (a) (3) above;or that he has been is authorized pro writing te]offft o agent for then persons ensitsa within that organization for the decision as to the prices being offered herein but will not participate,in any action coiltraryy to (a) (1) through a) (3)above,and as their agent does hereby sogcert certify.; (ii)he has nor pat'cricipared,and will not participate,in any action contrary to (a) (i) through (a) (3)above. 9 CERTIFICATION OF NONSEGREqATED FACILITIES (Applicable to (I) contracts, (2) subcontracts.and (3)agreements with applicants who are themselves performing federally assisted construction contracts, exceeding=10.00p which are nor exempt from the provisions of the Equal Opportunity By the submission of this bid,the biddet,offeror,applicant,or subbccontra f certifies chat he does not maintain or provide for his employees any segregated raeilities at any of his establishments,andlthat he does not permit his employees to perform their services at any location,under his control,where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employers any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at any location,under his control,where segregated facilities are maintained.The bidder,offeror, applicant,or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity I the term "'segregated facilities- means an waiting rooms, work areas,rest rooms and wash rooms,restaurants and other eating areas,time clocks,locker g q Pportunity a arse in this contract.As used in this ctttifitarion, foorcm and l ye s storage segregated egatedgbyrexsll cit directive i 'orrare in fact segreoatedroan the basis of race,color,treligionsor, national-origin,because of habit,local P' Y, transportation,and housing facilities provided custom,or otherwise. He further agrees r'at (except where he has obtarncd identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the pros isions of the Equal Opportunity clause;that he will retain such certifications in his files;and that he will forward the following notice to such proposed subcontrac. :o:s (except where the proposed subcontractors have submitted identical certifications for specific time periods): 't'one'r to pro:pat::,a arbrontratror,of reg1irrrmenr for rrrrifrrarlon: of nonsegregated facilities. 1 Cerrifica[ion of Nonsegregated Facilities must he submitted prior to the award of a subcontract exceeding 510,000 which is not exempt from the +ravi• 'inns of the Equal Opportunity clause, Thir certification ma} be submitted either for each subcontract or for all subcontracts during a period (i qua:e:ly,• szrniannually or annual)}),NOTE. The pe4altl for rt.,king falsetiatrmrrr$ I,.offer: i:prr:rribed in 19 U..S•.C, 200!.,' t=><NOw1EDGMENI or n1,yENDMENTS AMENDtn NT _ T,s•{Acre:0ctno+led E NO, DI,TE AMENDMENT NQ,' 1,Ih•30bs:10600 for ORnr'nod rain:dddom '� PATE near na"bered and du4d as folio,,,, I ' _ —7.________-- %'QTE.—O`f/rrr nrrrt::rt fort)/fu/l.acrargle.l and tom !ear •_�� T-art in offer: is prescribed in 18 U.S.0. IOD1. p information at required by chit 5ofiritalion (including attachments)$ The penalty for making fn/:e aatr- ]_T]Or afve RSC Or STANDAa4 a *M as,N I •-�-- _^�_�`".��� -- -. 1 T?, �teat<€R 1909 — .�, Vi wrirw,i,t AI nrY ArrCt 1. .. •ra.-ea�090V1 bl�of 7 :Yi�T.•..r rhil3;t.'irli!d ',...r1` ,.,.`._ ...,ti . . __... —._,.._, _.. . 37S : ,,.. c.cNcr, ro.,.RD 07 C215E.:::',I C. ,,:::!.7; ii0a 2-'-Cria,: Ar.17'71 ,', rii1 i.l.z.S7.?:(.;T Ilr. C.; DATEAugustly,_1982 s Approve Road Names . (-15,7;jart7,1, _ Planning • I Pub1,c Mr-_'aring: - y._•-,■ .. ,-, • OrmZhic Rick Caunity PItt.T.Ich=i7entAs) : ' Lists of Road Names and locations IMa COntaCt: Phrart., NUa`.1-;er: 732-8181 ext. 347 o :: Approve those road names for State maintained and public Non-state maintained roads taken to the May 18th and July 8th Public Hearings. NTCD: These road names are now acceptable to the residents and will become the official names if approved by tic Board of Commissioners. The original road names on attachments 1-2 were taken to Public Hearing on May 18 and/or July 8 where they were removed from consideration due to the controversy the names generated- The controversy has been resolved by petitions from the resident at the RONAC meeting of July 21. All names on attachments 1-2 are now acceptable to the residents of the areas. - - The road names on attachments 3-4 were taken to Public Hearing on July 8; there was no opposition to these suggested names Er_RPET: The road names will become official and will be made part of Oran i'- County's road name list. !'COMMENDATION: Approve road names as submitted on attachments 1-4. ' 88C . i PUBLIC STATE MAINTAINED ROADS SCUT!! ORANGE SR;1 Recommended Name Descriotion __ W39 Damascus Church Road SR 1919 - SR 1939 1939 Meacham Road SR 1940 -' Chatham Co_ EFLAND SR// Recommended Name Description 1327 Joe Murray Road SR 1332 - SR 1327 PUBLIC NON-STATE MAINTAINED ROADS BINGHAM TOWNSHIP $ Recommended Name Description Thunder Mountain SR 1115 - Dead Ends Riders Trail. SR 1102 - Dead Ends Songbird Lane Riders Trail '- Dead Ends Hawk Ridge Road SR 1102 - Dead Ends Collins Creek Drive SR 1006 - Dead Ends Bracken Lane Collins Creek - Dead Ends Broomsage Lane Collins Creek - Dead Ends Brian Woods Lane SR 1948 - Dead Ends Excell Drive NC 54 - Dead Ends Tripp Road SR 1951 - Tripp Drive Leslie Drive NC 54 - Dead Ends Nellowood Lane SR 1177 - Dead Ends Meadow View Road SR 1177 - Dead Ends Farrington Court off Foxfire Drive (Which is off 1005) CHAPEL HILL TOWNSHIP Recommended Name Description -Stoneycreek Road SR 1723 - Dead Ends Merin Road SR 1777 - Dead Ends Laine Road SR 1946 - Dead Ends Wisteria Drive SR 1731 - Dead Ends Marion Way South SE 2036 - Dead Ends Clarence Drive SR 1919 - Dead Ends Dixie Garden Drive SR 1962 - Dead Ends Harlow' Road SR 1005 - Dead Ends Foxridge Court Longwood Drive - Dead Ends (Stoneridge) Cedarwood Court off Longwood Drive (Stoneridge) Hickory Forest Road SR 1009 - Old Spring Road HILLSBOROUGH TOWNSHIP Recommended Name Descri tion Daye Street SR 132 , - Dead Ends Blair Drive SR 1133 - Dead Ends Timber Ridge SR 1133 - Dead Ends Proctor Road SR 1133 - Dead Ends Greentree Drive SR 1555 - SR 1555 Gull Drive US 70 E - Dead Ends Ribbon Road US 70 A - Dead Ends EEKS TOWNSHIP Rommended Mame Description P : ' man Road SR 1332 - Dead Ends 1 ,dland Drive SR 1384 - Dead Ends ,n Street SR 1392 - 1309 cific Drive SR 1114 - Dead Ends 381 TJTTLE RIVER TOWPSHIP Recommended Name Description Everhart Lane PC 57 - Col Loo Drive MO TOWNSHIP floommended Name Descriotion Saddle Drive off Craig ITI (71:1711m Co )- "- Dead Ends Armfield Road SR 1562 - Dead Ends Surry TlaiL, Carriage Trail - Dead Ends Stagecoach Ordve Carriage Trial - Dead Ends Hepoull Trace . SR 1002 - Dead Ends Noatford Road Country Lane Drive (off 1567)- Dead Ends • ... . . - . , 382 ROAD NAME RECOMMENOATIONS-PUBLIC NON-STATE MAINTAINED ROADS SINGHAM TOWNSHIP (7 roads) Recommended Name Description Coach Way off SR 1102 (The Trails) Summerwind Road off SR 1102 (The Trails) Partridge Run off Coach Nay (The Trail's) Outrider Trace Court off Coach Way (The Trails) Esther Drive SR 1103-Dead Ends Monson Court off Foxfire Drive (which is off SR 10C Tripp Drive i off SR 1005 (east of SR 1005) CHAPEL HILL TOWNSHIP (8 roads) Recommended Name Description, Scarlett 14t. Road NC 06 S-Dead Ends Cheyenne Drive NC 86 S-Dead Ends Storey Lane NC 86 S-Dead Ends Winterberry Drive NC 86 S-Cathine Court Carmine Court Ninterberry Drive-Dead Ends Sweetbrier Lane Wisteria Drive (SE of SR 1731-Dead En Crabapple Lane SR 1880-Dead Ends Chestnut Lane SR 1880-Dead Ends CHEEKS TOWNSHIP (4 roads) Recommended Name Description Marie Loop Loops west of SR 1343 Cherry Loop Loops east of SR 1343 Cain Drive SR. 1400-Dead Ends Electric Road SR 1303-G.E. Plant ENO TOWNSHIP (9 roads) Recommended Name Description Horseshoe Circle Craig Road (Durham Co. Saddle Drive Rig Oak Drive SR 1567-Dead Ends Greenglen Drive off McDermott Drive (Brigadoon) Dunkeld Way off Renfrew Drive (Brigadoon) Greenbrier Drive SR 1710-Dead Ends Seven Srpings Road US 70 E-Dead Ends Carriage Trail SR 1710-Buckboard Drive Duckboare Drive SR 1710-Surry Trail Landeau Drive SR 1710-Dead Ends - • , ' . . , . . , . . . _ . . , . . _ . . . . . . , ''.:. • •, . . . . . • .. _ . . . - . . . . , . . .' . ' • , . . : . . - . . . . . . . . . . . . _ . . . . . . , . , , • . . . . . - .. . _ • 388 ) 71.s HILLSBOROUGH TOWNSHIP (9 roads) Recommended Name Description , Governor Burl: Drive NC 86 N'-NC 57 Rocky Lane NC 86 N-NC 57 Joyce Road SR 1588-Dead Ends Gwnn Road SR 1588-US 70 N Highland Loop Road Old Hills.-Oxford Road (off !. 1002)7 River Road (off U , 70 E Fletcher Road NC 86 S-Dead Ends Di:.:io. Avenue SR 1395-Dead Ends Riddle Avenue SR 1395-Dead Ends Homemont Avenue SR 1395-Dead Ends LITTLE RIVER TOWNSHIP (9 roads) _ Recommended Name Description, Coltsfoot Drive SR. 1579-Dead Ends Deerfield Road SR 1575-SR 1003 Devonwood Road SR 1575-Dead Ends Bromley Road SR 1003-Dead Ends (into Durham Co.) Landsale Road SR 1575-Island Road Island Road Landsale Road-Dead Ends Ilssell Circle Island Road-Dead Ends Acorn Drive SR 1548-Dead Ends Willow Ridge Drive F Brook Drive (Durham Co. )-Dead End! . • - . . . , . . . : . • . - ._ . . . . , . , _ . . . . . . , ' • • , . . , • , . _ . . - . - _ . . . _ . .. . . . - . . - . .. . . , . . . . . . • . ' .. , . , . • , . . , • ' • ' .. . 0;z GF 07—J;i1S5TMFP5 maaa: EiNfit7ngast 17, 1992_ • • Subj,eet: Pa7:ticipatory lavinc; Tree:ram Planning 1 Irublic Yes ro ____ — — —-——- Attec'e.meht(s) : a) See P.tt4chments to Ir.or Susan Smith nmatifort Contact: T.ceenda Item 4 E-14; for the June 15, 1982 SOCC meeting; b) Nerorandur to Ph31-1F- Mmtear: 73203131 EXT. 359 Ken- n dea-led 7/16r02 ) Orange County r,pproved Projects List. To review DDT policy for navinq rual roads by Property Owners Participation (P.O.P. P.P. 1 . ) and existing Orange County policy on nrioritizing Participatory raving Proe2ram. projects. To review actions of residents of Libscomb Grove Church aoad (sr 1574)-Project 5 and Willet Road (SR 1563)-1-roject 4 G regardinei continued participation in the Proeram AEU"): DOT has recently forrally established a policy for differentiating between rural and subdivision/residential roads eligible for paving under the particioatory paving program. Subdivision and residential roads are roads snecifically constructed to serve the residences along the road. Rural roads are roads which serve primarily as traffic corridors and secondarily provide access to residences, The policy requires that rural roads be subject to all cost for pavinc above $0.00 per centerline foot as onposed to a maximum - $4. 00 per centerline foot for subdivision and residential roads. Under this nolicy two Orange County P.P.P. projects are now classified by DOT as rural roads: Libscomb Grove Church Road (ST? 1574) and TAllet Road (SR 1560) , These roads are priorities 5 and 46 in the Orange County Program. Paving of these roads under the County priority system will require the encumberance of a large pr000rtiOn of the total available P.L.P. funds ins given year. The reraininc projects are eligible for funding on the regular basis of $4.00 per linear foot, and will be paved according priority. Rangewood subdivision (U) cannot be paved, however, until construction of water and sewer lines is completed in July 1993. : ace :aced (47) , under current County policy, cannot he paved until 45 and 16 (rural roads) are either paved, hecorn ineligible or withdraw from the Progran. The residents of Libscomb Grove Church Road on July 14, 1902 voted unanimously for withdrawl from the Participatory Paving Procram, We have received verbal confirmation from the Spokesperson for Willet Road that the residents unanimously support withdrawl from the Program. Staff is in the process of obtaining written confir- mation. The county may wish to either reaffirm or revise the Policy for 2rioriti;:inc r,r.r. projeclef,. The following nolicv o?tions axe available for the Doard' s considers Lion: 1. neaffirm current policy which prioritizes nroiects on " first core, :;'.irst serve" basis regardless or: type of road. 38E 2. Revise the prioritization policy for all new requests to distinguish between subdivision/residential and rural, road and prioritize subdivision/residential roads above rural roads. Rural roads would he paved either as funds permit or on the basis of a combined fundino and waiting period. formula ie. as funds permits and within five years of the date of request. 3. Revise the policy no that for new requests all rural roads would be ineligible for the County paving program. 4. Split the annual allocation for P.P.F. into two parte: one for subdivision/resdiential roads and the other for rural roads. IMP2).CT: The Board's decision would either reaffirm existing policy with no change in the Program or revise the policy appli- cable to new requests.. RECOPMENDATTON: Staff recommends policy option 3, This option recognizes that the prograr was designed to provide a means to pave unpaved, subdivision and residential roads, not rural roads, through owner participation. 71?-4 ORANGE COTINT7 PLNDTThTG 1)EPA1TMENT111 1-''---- rraa.sBovOUGH NORTM CArtOLII,TA 27276 _ • MEMORANDUM TO Ken Thompson, County Manager FROM: Susan Smith, Planning Department DATE: July 16, 1982 SUBJECT: Libscomb Grove Church Road On July 14, at 6:00 P.M. , I met with residents of Libscomb Grove Church Road at Libsoomb Grove Church to discuss the new DOT policy on rural road' and the road's status i the Participatory Paving Program projects 1. St, DOT point system an 1982-83 Secondary Roads Improvement Program. Twelve residents of Libscomb Grove Church Road attended the meeting. Those attending the meeting voted unanimously for withdrawal from the Participatory Paving Program in light of scheduled construction .. and paving of the road by DOT during the 1982-83 and 1983-84 construction ye:.irs. I have attached the sign-up sheet for those attending the meeting. 386 . . _ aigar).2),e,ka,(4,R) / ( -(ti • ,5;',',167 Y . :, ■ (7%,zul /..--5 lid r c.) / .,.....1-,„. -7 f....-r 0 I / ,1 ri / ,2141',=.:,-ci _(111/..r..(iat-g-.'_'-','.1f:_;CIL______61-'5'._.. 1) R„....-...y! .i.,.?- ./../...i) „ ,f4..e.::: g, — ,/, - ., ii .... ..). — .fr,r)I r ,,l7 „ e,7..,f..,) ..;',,:,,,;•;11:C;,,,I;.,;,,.tr',”„ ,.,.;4 ,1 .,, ,, •7 4 ‘,/ 4/6,-,:p f e ). )kji 72-2;,,7 ,...---,- • ro 4,.."2. 1,,;„t,.; .±.-• r;)' .-.4-.,'-' -4---,..-,...,!: .-- -. .,, . ...7'___ r.-.1, li. -0- i— .. ..-----.. r 1,.'"..7.---i.-.,..:-?. 1," -,a' -/ti--,1.,9' "' -- 1- ,..:,..: ;_ ,r),_..„... if fq,e--/- '7 / " /!.._ /17(4..K.:idtP-4,6.'-'l.....1.--.1<q:'-7..:.))•fAC 7i.7 t-, -- -1,- f.2-.:-.“......_..‘",?.-..f--..,..:..e.?:02.:=•.14'' ,,,: . C.,' I ,, . 1,1 Pd 47/1 i c2 i i „ ,,...5 'fil...i 7., -0 .,',.'f-.?”- _ EA. t 0 - e.* .-/ ,;,- .. .6.. -.7.-- (2.s...,_:-.._k:::.{2:A.4.2.-.4,,-, .).... .....i. ,.. ...),_„...../:,..._,/9-..v::;„35?../ve 7 e/ ....7c../.....„.....,e ,7 , .„,„, / .11 Pi, ,,,,,,/7 6r,,,,(9,14,,,/tkrh',1,,,,r,,f„i4.-e•L.t.:-./...— .7-/IL--/ 1,„:„ 41 419 ii:61-ft-.9-.'5^-474::-"-;",,,-'2-0 • -'..."••--- *-- ________. .. Qa.: ' .. 1) 0-1 ...1 r 7.--, 1,9-,/,:eil i , 11_,„. ; ,...... 2.I.'.:f., .. - „i_c--074'1!:`::4-:-.....1.:,-. .-e?--- /7..)--' , "-.?-i---I-1-3-'''"-; :- e ,e_„ 6r- ' ,;-, I P.,1-„vil./".4...,..A,,7,,,,:,..-7 _..../.,...Z.-".../..,,,,,,24%.;:-.::;.•-••!..___.::.- (_....4-_,.....r.,/,-)...4)-7....-r. -..20_,_". _771,i1":1 -'-v_ r.-..,-:17;;--?--) - / ;2 1,-- A2 _ 1 /49-.._:. -fr';',.-A.,,i7.'-i— L(4-4.4:',1. ,.__t,/{,1_21__.e:6-.74;.. --27_41._____./r/ y . .. P I. 8) ,.1,-;,.,- 0 --\.....-- -.) 0 Rf. i .......• A. 1 4 /. Si /1 , /2_ At(00ic itzugtO 6.0 i "7,4Y,24,ggidifil . _ _. _ .. . . .. . . ., _ __........___ ..._.... .. .... _ ____._.,.... ........_ ...__ . 5/28/82 8/10/82 Revised ORANGE COUNTY PARTICIPATORY PAVING PROGRAM APPROVED PROJECTS COST -TO DATE OF ROAD PROPERTY PRIORITY TACT PERSON .r 3 E: U EST IDENTIFICATION' OWNERS 111 Nathaniel Davis 10/11/79 112013-2017 $22 .026 Ranuewbod Subdivision 112 Willie Glover 8/4/80 1/.2595 $24,066 Dumont Drive 113 Carol Dozia 3/1/82 #1384 $18,164 race Road _ .. 00 i? c: : R.:: CY: CO: 1[S 1:C}:-:F.R:i 7,-.._ ,:i 7.t :2 4-1 if:.!:1 1.s:[v.c.:r r.Eacc DATE 3/17/02 _—_ Subject: Participatory Paving Prog= --MACE ROAD . D.,2F:rttt: lanning 71 I Public l ”,_--I_r_—i - _ yeE; _ ,... Attecht(s) : a) Approved Projects Revised 8/10/82 b) 1982-83 Secondary Road Improvements Inrorian anitac Susan Smith 'c: Phone N127±-:-2r: 732-8181 Ext. 359 Progiam PURPOSE: Tcr-ct§nsider requesting that DOT add Mace Road to the 1982-03 Secondary Roads Improvement Program. NEED: Withdrawl of projects fl5 Libsoomb Grove urch Road and 06 Willet Road from the Orange County Participatory Paving Program results in the reprioritization of Mace Road (SR 1 ,Y) as project #3 on the revised Approved Projects List.11.ace 1. ' i is an unpaved subdivision road serving 53 residences. DTACT: Inclusion of Mace Road on the 1982-83 Secondary Roads Improvement Program would mean the paving of the road in the spring of 1983_ The local share of the costs would be paid directly to DOT by the County from the funds remaining in the 1982-83 budget for the Participatory Paving Program. DOT has ,indicated that they will include Mace Road at the re uest of the Board but that such action may re uire the redistribution of funds allocated for projects listed in the 1982-83 Program. RECMIMENDATION: Re uest that DOT add Mace Road to the 1982-83 Secondary Roads Improvement Program i77-. encumber $18,184 for the local share of the c. s for paving Mace Road. 3P : ,--- . . . -.? ,-, ORANGE COUNTY PROPOSED 1982,1983 SECONDARY .... ROAD INPROVIMEaT PROC.:RAN 1982 Bald Pund idioCati6h - ' $110813.00 – -- -- - - 1982-19q3 Secondary Allocaticlq (Anticipated) 472,341.00 ..'589,156.00 '.4ap Prioiity SR Estimated No_..._ No. -',D.. Name and Description . ______- ________L__E•c ____n,th Cost :::: :7CIP15:7y1 :: to SR 1962 1,67 $120,.om 1, 1919 :tn.::: Widen. and Strengthen Spot Improvement of Unpaved Roads 2 1127 Borland Road – improve Alignment 0.2 10,(YJ Spot Stabilizatian – SR 1538, M 1)64, 59. 1526, SR 1341, SR 1918, — SR 1799, SR 1798, SR 1740, ffi. 1140, SR 1595; _. _ SR 1573, SR 1544" aa 1175, SR 1127, SR 1943, SR 1536, SR 1534, 39. 1575, aR 1555, SR 1516, SR 1306; SR 1383, SR 1340, SR 1540, aR. 1508 Paving Unpaved Roads 3 2010 Bayberry Drive from Azalea Drive East to 0.25 141752.00 Existing Pavement (P. O. P. Paving) 4 Chesidy Circle from SR 1835 to SR 1835 0039 25,113.0z (P. O. P. Paving) -- 5 Streets in Trinkus Manor Subdivilen. 0.22 15,603.0C (P. O. P. Paving) 0 1595 Dumont Drive from aR 1002 to Dead nqd 1.14 75 r 932'U: (P. 0. F. Paving) 7 3 1103 McCauley Road from SR 1104 to Dead Pnd 1.5 102,0DO.0 4 1716 Couch Mountain Road – from SR 1714 to SR 1841 0.55 60,Frl ' : . 385 - 2 °RIME COD-OTY PROPOSED 196a-1933 SECONDARY . ROAD .INPROVMENT. PrOGRAII i Lap Priori ty SR Estimated No. No. Name and Description Length Cost -• • Grade, Drain,_and bilize Unpaved Roads 9 b 1571k John Watliins Road. from SR 1002 to sit 154E3 1.4 :7?-50,D00..00 (Partial Funding) Contingency to be Used for Overruns, Additions 40,555.W to System, Paving Rur.al Fire Department Drives, and Property Owner Partic_ipa4on Note: If right of way is not available an the above -unpaved roads, the finds will be prwg'ammed an other roads in the order of priority. 5/18/82 6/10/82 Revised ORANGE COUNTY PARTICIPATORY PAVING PROGRAM APPROVED PROJECTS COST TO DATE OF ROAD PROPERTY PRIORITY CONTACT PERSON RE UEST IDENTIFICATION OWNERS 111 Nathaniel Davis 10/11/79 42023-2027 $22.026 Ranaewood Subdivision 1/2 Willie Glover 8/4/80 #1595 $24,068 Dumont Drive #3 Carol Doria .3/1/82 41364 $18,18 Mace Road • , . .: '• :•;. . , . -.• :' : , v,4..c...„.?:::.:,•',.;',atip 1.., . . .• . .. • ' ' .'' .!'. tc'3,,W.4,''''!°,:':':.!4-WiE.A.,! ''',. . ' : . . .1 : . -I ..._; _ - „.......--- 5/28/82 8/10/82 Revised ORANGE COUNTY PARTICIPATORY PAVING PROGRAM APPROVED PROJECTS _ . . . COST MO - DATE OF ROAD PROPERTY" PRIORITY CONTACT PERSON RE UEST IDENTIFICATION' OWNERS -m.... — #1 Nathaniel Davis 20/22/79 02013-2017 $22.026 Ranoewbod Subdivision #2 Willie Glover 8/4/80 #2595 $24,068 Dumont Drive #3 Carol Darla 3/1/82 #1384 $18,184 Mace Road — - . , . . ' , ....:,..,„.,,,...,.,• .- r.4. 07_,',•:GE CCUNV 17..:2 ;f: c'F f.::-; :-:1S;;I.C>:•!:7-7:5 i,-..:t io a [L,-.:.;,%. 1 -4) -.PC.il:':-. .:::.;::77,-',.7‘ WEN 1(2C.:i / TING sty ,--• PI.-quest by Fred b Elizabeth Cates for rezoning fron Pesidential-1 (P-1) to Tlesidential -, 8 (1::-3) _____ PO L De p7a-7.1-71-4::t: Planninc J I 1.3T.dic7: Paarig: yas i - -------------- r_ AttacIhMent(S) : .ppl4cation forms - pg. 1-4 InrorFoation Gonta-L.: Rick Cannity Location Nap/tax mao-pg. 5,6 Phone NuL-ber: 732-8161 ENT. 347 ____ • PURPOSE: To receive the Planning Board recommendation concerning ,an application for a rezoning. from Residential-1 (R-1) to Pesidential-8 (11-8) NEED: This item was deferred until this meeting from B/2/82 . The applicant has requested high density res.L1 cal (P-8) designation for prcTerty located in Hillsborough Township off Orange Grove Fond, just south of 1-85 the property is P/0 Lot 26 block B Map 38 and is shorn on Tax rap 42, Hillsborough Township. The total tract is 115 acres, about 40 acres of which lies south of 1-85. Property to the east and vest has been developed by the applicant with 43 epartN::-. .t units on G acres of land. Hillsborough Town water and sanitary sewer service is available to the site. 1'1E:ACT: The rezoning request is in general conformance with the Orange County Land Use Plan. However, the high density development allowed under the .T17.8 designation may have adverse impacts on the existing developaent in this area. The rezoning request does not address the following important concerns: 1. Fire protection for the existing units and for those proposed. Development at this density should have fire hydrants no further than 500 by road from every unit. 2. There are no receational facilities existing on the site, there are none proposed, If approved there would be a total of 60 _ units with no recreational area. 3. There is no provision for central services, with the number of units there should be sore provision for laundry facilities and central trash disposal. 4. There is no pedestrian circulation system linking the units to one another, to trash disposal sites and to the gain rends. 5e Streets nay not be hard surfaced nor adequate to handle the amount of:: trafceic generated by the number ed units allowed. 6. Parkin(,-.1 would have to be provided according to the Zoning OrC/, ncee P. ever, the existing paring spaces back -;.:1y out into the travel way. This is an unsafe sii,oation and will become worse if the rezoning is aonyover3. le Lb a rezoning -', ,.7.2 building to building setbacks are governed ly section 6,12 but there will be no landscaping requires. ne applicant has prc. i_ded riniral landscaping around the cwisting unit:.... The ,Ate, is presently grm,m up in lobolly pine. . , 2. 'there Wall' b no overall cleveloFrmtnt plan to insure aqua-e provision o aocess, itncl other urban services.. Piecem:al develop:rent such as propk.Dsc..x.1 costs irdre in the long run for both the County and the developer- Staff recaTmends denial of the rezoning request Planning Board recommends denial of the rezoning request based on the information submitted at the Public Hearing including traffic congestion, pavement problems and water problems . • -- z.. • �«�� �~�� �.. . o7),AisE.: CooWrI Bc;unz COYIazoSTn:E2.7, Action Agerlda -� a{�a{z e��n�` 11.721 i�szIncr '- ���� 17,AUGUST l7 1982 subject: CORRECTION OF MINUTES OF AUGUST 7, 1978 ------- '' | | rbli� Hearing: F COMMISSIONERS��i� �R� � � — I�o����� �o��: attachsanb(s) : Clerk to the Board Yes. .Memurandum Phone Nu: z2:: 732-8181 ext. 510 PURPOSE: To correct the minutes of August 7, 1978 NEED: It appears that there is a typographical error in the minutes of the Commissioners' meeting of August 7, 1978. Please see Mr. Cannity's memorandum dated 8/9/82 for details. Since these Minutes have already been approved, I cannot change this typographical error without Board action. The County Attorney will comment. INPACT: Correction of a typographical error in the Minutes of August 7, 1978, if the Board decides it is an error, RECOMMENDATION: As the Board decides. 398. .. . . . .. ORANGE 001INTY PLANNING DEPARTMENT TriLLSBOROUGH NORT1a CAROLINA 2,7278 ' c 77% H132 4. 4„,1 - ,7 1..:1,1 W47) - ' MEMO TO: PaUlette Pridgen-Pond, Clerk to the Board FROM: Rick Cannity, Acting Planning Director 1..& MEMO: Minutes of 0/7/78 concerning a rezoning request for Curtis Bane DATE : August 9, 1902 It has come to my attention that there may be an error in the adopted Minutes of the Board of Commissioners' Meeting on August 7, 1970:- Mr. Curtis Bane filed a rezoning application on property located on SR 1713 near the Southern Railway. In our notices of the public hearing, letter to Mr. Bane or the approval of the request and in the Planning Board Minutes , the area under consideration was 105 acres. It appears there is a typographical error in the adopted Minutes as the minutes state the request is for 1.05 acres rather than 105 acres. Attachments: /jb ( '.- .,.• ..-. . .. .. .. - ., . - - ...- . .. .... . .. . ...., , ... . " . . . • ;44t.,-Vii'ii.,.;:;-:!....i,'!:.. : . :: ' .!'!..:• .V.:' .,:=.P,,. . • .: 1,,., .:.: ':.'. . • , • 11/4:'':41's.. ' . . , Planning Board Neeing 4 July 17, 1978 . . . • Mr. Cleary asked Mr. Fine, the developer, if he intended to have an entrance from the property to Highway 86. Mr. Fine said he did not plan to .„.: exit on 86.; He added that he was going to work with the Health Department i , •: to find sites fOr the septic tanks. . , ! Dr. Bomar mentioned that a 100' setback from the road frontage had been . . previously required by the Board because of the hog farm operation across " the road. Re suggested notifying future buyers of the hog farm situation. , • , , . [ . . . Mr. Strayhorn,:operater of the farm across the road expressed concern over road access from the 4 lots and the fact that no entrance from 86 had been planned. •. Mr. Minis told the Board that the staff had, recognized ,the future . ., 1 . : development potential of the property, but that the topography of the land mandated the lot arrangement on the road. _ Mr. Fine told the Board that lots 1 and 2 would have direct access to the State road. The staff"recommended that lot 3 and 4 use the proposed new road and that la covenant be arranged so that lot 5 could have access to • . the proposed road. Mr. Dobelstein moved approval of the proposal subject to staff recom- mendations with previsions for an indication of notification to potential buyers of the hog farm situation.- Mr. Cleary seconded the motion. Mr. Efland _: _said that the Board could stipulate that lot 5 use the old sawmill rOaeaS ,''''..:- an easement. The Board voted unanimously in favor of the motion. . I . . . .. Mr. Efland suggested that any minor subdivision with future development , .. . . " potential be brought to the attention of the Board. . . , . Mr. Strayhornlauggested that the Board had created the only means of . , access with the approval of a minor subdivision. 5. Bane 7 Rezoning r . . - Mr. Bane's request is to rezone 105 acres out of a 260 acre tract in . . . . _ Eno Township. lie is requesting that the property be rezoned General Commer- cial from Residential, - The tract is located along State Road 1713. •. . , 'll Mr. Kirk told the Board that a traffic count was not available. He , .. added that the width of the road had been measured and was from 20- 22 feet. . . A Department (4 Transportation engineer had told the staff that the road would not be upgraded unless it was needed. The Board heard that . .- Southern Railroad lid recocrnended a 50' spur width. The developer would . . to build the spurs. .4 1 : Mr. Minis told the Board that the iodations of the access roads and . . railroad spurs would need work. He added that Mount Hermon Road was a/ready- feeling the effects of heavy truck traffic. ..._ .... ..- _ . :,..:''.,,:zi`1' . • •'I --'"' I , .:, .. •-:, I • ::,z,-.::,,..,..,.• ! ' .:,;.. .,..-- ..—...,.:-.L:..1.;,,,,i,..41,.,. t, l....:...- ' ,,-'-‘,.,:•.,, ----,•---' -A-, , 1 ■• 'C'Xa.13 ij • NOTICE The Orange-County Planning-Board-and'County Commissioners.will holet-a,_-joint Public Hearing on May 30th, '1978 at 7:30 PM in the Superior Courtroom o the &ma; ty Courthouse in Riltchorough. The agenda will:be as follows: 1. Stumt. Industrie% -.7Rezorins request to General. Commercial from Resimien- tial. This one acre lot is located at the corner of Homestead Road and Route 86 in Chapel Hill Township. Tax map 24, lot 41B 2. Curtis Balsa - Rezoning request to General Commercial from Residential. This reqest is to rezone 105 acres out.of 260.75 acres in Eno Township. The tracti is located along State Road 1812. Tax map 26, part of lot 35. 3. See attached sheets. - _ _ _ • • ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTE('CAROLINA. 27278 •- NOTICE On May 30, 1978 at 7:30 P. H. in the Superior Courtroom, the Orange County Commissioners and Planning'Board will hold the regular joint Public Hearing to consider a rezoning request for property located near yours.. As required by the zoning ordinance, property owners within 600 feet of the property are notified by mail. If you are interested or wish to speak on the matter, please attend this meeting. There will be two rezoning requests: 1. Sunmark Industries - Rezoning request to General Commerical from Residential. This one acre lot is located at the corner of Homestead Road and Route 86 in Chapel Hill Township. Tax Hap 24, Lot 418. 2. Curtis Ban4 - Rezoning request to General Commercial from Residential. This request is to rezone 105 acres out of 260.75 acres intLEno —Township. The tract is located along State Road 1812.. Tax liap 26, part of 7.c) 35. ''',A1Lt3i4A, • , ,".. • • • ' :4;"'Sr ,• . •,2,0,4 ,; , . • , ' ..: 4,,:,4* .....j. iiiiii.r.,14.„. , , ,.,„.., : , ' ' ... . ' .,'. , ',„c,':,..!:.:„...ik,....4 lett'. • "N„,k,,L.,iit.-:;. . . . . : . • ,,,,i.p7.1 ;1r,A,....,73.-1 ,.4,..:,;i1ie'M'iZti.' ''i'' ' ■ c*.''''',:.:,', ,,;.'...;.'7, ' ' • ::...:'.,..... 7 : ., . . . . . ' .!...■ '' 1 • . . ..., ' . .. ... .. . , . ,......„..n.. .,... „.,..:1 17:Q01., . .W;.''''.' '''•;"' -s''....t,..r; ' ,,...■ . It....4 y,... - • • . , , ..,. • ., "I'. IL:"'"V " litt"'''- ., ale. .4,..0.: ,,..t ■ 04,„ , ., , v., •''i:.,-.15-7.-.7—...=T 'Z....'"" August 11, 1978 -7:7..11, •,-. 7,:-.0 4 . ...' 0 .Nr. Curtis Bane Route 2, BozI433 . 1 Chapelllill, 11C 27514 Dear lir. Bane: 1 . Oa August 7, 1975 the Orange County Board of Commissioners approved your request to rezone approximately 105 acres from Residential to Ceineral Commercial located along State Road 1713-in.Eno Township. This :...- '..-- 1 proparty however will, be required to go through subdivision regulations ‘'.. ,, .a..1 if it is going to be:diVided into individual tractsnt:tenacres or less, or if there is a street right-of-wayriedicationiSvolye&.: I an enolosIzs some information concerning the Subdivision process, if there are any questions please feel free to cot! or comebby the Planning Department. :- Sincerely, . , . - Eddie Kirk Planner EK/mb Enclosure , . . , 1 Ll'Aiiiiiii. l.. .., ''' . "''. • ''' ' • ''.. ''" ' . ' ' ' . . - •.i ,. ..• .', yz,••;. , • ., ,'.] . • . ., .i 1 ; . '7 A 1//•,i,/... r,: l1, ----.. , ,...... .,.. -.-" •-.:, I // C -:_ —•,/ ?/ :'..I•,,,.. •s•*•. )1■4 .. . : ...,... .., /. _. *,.....:z .. ; „. . .............. 1 .:„.. ......, ,, ....... ... ........ . . , 44.70°I . .' .,--- . . ., ,.... . ,......f.. 4 ... # c° . ,- - ..,„.... ..• :. . .. '// '-•--......., .., .' 1 1 „..... //- 1 ,y4:7:Str ' ' .,.7: .0.•.L.2,..:C°*.' i I ..... „ ,‘. , . ,... .. , .. , ,Laci // .,„ ..:. , . ..„ .. ....z.z • • ' in a.8 if - i V . . . / c.) - . ... ' 1 0 ' I ,........,,,,,- ii. ,..-•'''....; •i' —I f',....• ) ZU / ..k. •• C3 -*/ ;:a•-••■•; I *., • ; d . - 1 . , r i il . . `4111bVN. (25`i:...4 `44.'!..t4;,N. ..N.'• -sr "-se, . — 4 , .:t... • . r iI 1 t‘l<''' • II m 1 .,, .7•••,... ,, 1 - 6 1 ,-..~......,.-■--- .. • , , '.,.... .,. -...-,....›.., . 't,-.., 11 /6/I i e" ..,., .....„.... , , __ ,r,,,,,,, „...,:______,,,,, N\,,, *1** t .' -. 1‘.‹...., ! ...-''''.:'- -^' .-^:''''''m711 7- •• --*.-- 1 ''1 c..3 ...'...1 !I:0 " ''''•,- ''."' j:---,--:''''.- ill -IN I .•':'2+,1 • ; 1 i (D . i 1 ■ L ) , ...,...1 z.±!t,ti ., t . l—.—___ _ ...," i = . i, • 1 ' 1 cc re* • •—:_. III ■ .,,:i // Z. 1::;., 3C1.-::— l'E .. - .- •w . , < - ., •I . . • i I :,...• .: 1. z 122: . , ..„. , ... ..4 .. . „. .... ..., :i, ,,., ,•-,'..,.. .:, -,•, ',-.•..•..4'..,%.T'••••-.3+.,- ::,4 f ',,,..:;.,,,:,,;*;'1•4:.,.•,.;..;',:0,,,y'-.;';,'-:!i: 4," ' ,;q••••,,,, • -' •• ''Llawagirt•4411.44•4104,11,44•••%.1...,t.;...-:-. - '. - - ,......_ C. 3 Agenda Itne =i irg )JUctgct csedn °1 of the minor T= I 3rnre postponed. agreed. 1 I Agenda Item 14B: Preliminary plan Timberlyne, Phase II, Section i The subdivision officer reviewed this plat pointing out an almost simi ar plat to this h&d been considered earlier by the Board. The developers have acquired additional land and redesigned some lots so all contain at least 20,000 squarefeet. Some lots were reduced in size during thi process, All uggestions proposed by the Chapel Hill Planning Board have been incl ded in the new design. Commissioner Pinney moved the p a be approved cfommissioner Gustaveson offered a second. Chairman Whit e called for discussion. Commissioner Willhoit stated he felt at least one cul-de-sac in this subdivision, Tupello Lane, was too short to be given a unique street name and suggested the planning staff so advise the developer. When the Chairman called for a vote on the motion, the e were 4 ayes and 0 noes. Commissioner Willhoit requested the planning staff develop a guid for naming sub ivision streets. Agenda m Iti 14C: Preliminary Plan, Stoneycreek, Phase I. The subdivision officer reviewed the proposed plat. The Commissioners ex- pressed concern over a subdivision being located so near an active hog farming operation. They felt future property owners would feel the farming operation a nuisance and might take legal action against its owners at a later time, Mr. Mount, representing the property owner, J. A. Fine, agreed to a disclosure statement giving notice of the natur of the adjoining farm operation being affixed to the final plat. The Board further ekpressed its concern over the number of driveway entranc s to State Road 1:f 23 and requested the planning staff suggest some altern te th arrangements to e Planning Board. Commissioner Willhoit moved approv 1 of this prelimiaxy plat. Commissioner Gustaveson offered a second. Vote: ayes 4 and noes 0. Commissioner Willhoit raised the question of what was actually happening to the suggestions the Board of Commissioners hadIeen making V in the past to the Planning Board concerning preliminary plats? Has the planning staff and board been able to achieve their implementation? He feels there sholild be significant interaction between the developer, planning staff And Health Department in laying out the final plat so the most desiralle development pattern possible might be achieved.mm Agenda Item 15: Commissioner Willhoit moved the request of 1 Mr. and Mrs. Curtis Bane to rezone 1.05 acres shown as part of Eno Township, Tax M4 26, Parole 35 from residential to general commercial be approved. The motion was seconded by Commissioner Gustaveson. Chairman Whittel called for discussion. He raised the question, what can be done to u grade the section of road connecting this property with Old No. 10 and US 70? Commissioner Gustaveson asked the planning staff how enerap. commercial zoning would fit into the general land use pattern of this rea? They responded, very well general land use plans call for.this ar a to support a variety of uses. As this area adjoins other light industrial uses and zonings, no land use conflict is apparent. Chairman Whitted called for a vote. There were 4 ayes and 0 noes. Agenda Item 16: Consideration of amendment to the Subdivision Ordinance. Commissioner Willhoit moved consideration of this item be Postponed until the Board's September 5th meeting. Commissioner Pinney seconded this motion. Vote: ayes, 4 and noes 0. Agenda Item 20: The Manager reported he was advertising for bids to replace a boiler at the Northside Multi-Purpose Center. This work is estimated to cos in the neighborhood of $15,000. No specific funds wer; appropriated in the budget to cover this item. He was therefore proposi g to charge this work to general repairs. Only $42,000 was allocated for this purpose. This job will consume about one-third of the annual appropriation fo , this purpose. The Board advised the Manager to procee. with this work. The meeting as adjourned. 1 Richard Whitted, Chairman Sam Gattis, Acting Clerk 1 . d��� 0RysGo cOJs3K ocoao OF ca 34IsSzoyFaIS An:tic:Dn Iu� r.o, � - ) D ea��o7 �.�zz�x z�I�« /��sxa�zr ' ^- AUGUST 17, z��LzT�� DATE ° l9O2 Subjoct: Village Cable Franchise Agreement \ � �u�li� �eu��i��� Yes Xl___�o / o�pez�n����_Uozo�er • ��-� • ��o���� Attachment(s): Zozozs���ou : Rob Addnlsun Yes, Ordinance Amendment Lettei- from County Attorney Phone munberc 732-8181 ext.SOD PURPOSE: To consider adopting an amendment to the franchise Ordinance of Village Cable suspending until August 17, 1984, the requirement that Village pro- vide fully activated security services. map' At the August 2, 1982, meeting of the Board, a request. by Village Cable for a waiver of the compliance date for provision of fully activated security services was approved and the County Attorney was requested to draft an amendment to the Ordinance to reflect this approval , The amendment is attached, IMPACT: To postpone ovisiun of fully activated security services to suscribers for a period of two years, RECOMMENDATION: Approve the Amendment, ...... ....11■=1. ,,v.1-.'1.•.,-:..4.''... 4,...-c; 4'........,'.... .• •'...• .:.'''., ,, ... . ..•• •. .^....\::.."1 ':"`• •••'• . ''':'• " '''.`:•k '' "3...P7.;47,04Ork..a:•%.," 1.' „, , . -• .,..t.•.-,,..7 ,....,,, 5).,1;:c.;••■•;1..;;',,,,.:1•.,.,-..••••.•.. P.:: - t”.-r':N164,1i'''''•4'..::CC.- •--'.1.•"I' 411.e•i;;':.--4'''' '•.,.. • ';.•,":'■-• .7 "„‘,',:.;.e.:4:$(;i4,...f:•., Wy.: '):::•-: 4 - —, - - - COLEMAN,BERNHOL Z,DICKERSON, BERNHOLZ, GLEDI-IIL.L&FIARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGFI.N C 27278 919.132-2196 919-992-8000 CHAPEL FiU.L.OFFICE Sint 20,FRANKLIN BUILDING 127 E FRANKUN STREET CHAPEL HILL N C 27514 August 11, 1982 919929.7151 ALON70 B.COLEMAN JR STEVEN A BERNHOLZ DONALD It DICKERSON ROGER 8 BERNHOLZ . _ --- GEOFFREY E.GLEDHILL - DOUGLAS HARGRAVE .. MARTIN J.BEF1NHOLZ WutAM BREEZE JR Ms. aulette Pricten-Pond 1-1 Clerk to the Board of Commissioners 0,ICouns4I B„NERD,sAvdyER of Orange County 11907 19721 Orange County Courthouse 106 Margaret Lane Hills6orough, North Carolina 27278 Re: Village Cable Franchise Ordinance Amendment Dear Paulette: Enclosed is a copy of the franchise ordinance amendment regarding Village Cable. Please include an agenda item for the August 17, 1992 meeting of the Board as follows: I Will the Board adopt en amendment to the franchise ordinance of Village Cable suspending until. August 17, 1984 .. the requirement that Village Cable provide fully activated - security services? Very truly yours, rilitiv474.4 E. Gledhill GEG/jac End ure •ol . _ 'e• '., . :..' 33t,-• AN ORDINANCE AMENDING A FRANCHISE TO VILLAGE CABLE OF ORANGE COUNTY, INC.. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM, WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section IX of the Franchise Ordinance is amended to suspend until August 17, 198 4 the requirement that fully activated security services (as described in the proposal of Village Cable of Orange County, Inc., Sections I and L) be provided within eighteen (18) months of the affective date (January 26, 1981) of the franchise. ordinance. In the interim, Orange County, the Town of Chapel Lill and Village Ceble shall study cable home security services, the technology available and other pertinent data in order to recommend to the Orange County Board of Commissioners a system or service with a high level of reliability and which is affordable by subscribers which system or service may be substituted by Village Cable and provided to its subscribers on or before August 17, 1984. Nothing in this amendment relieves Village Cable of °rang::: County, Inc. of its obligation to provide fully activated security serviceas described in its proposal. This ordinance amendment alters only the delivery date of the service and puts in place a mechanism to study alternatives. This ordinance amendment shall take effect immediately this 17th day of August, 193 2, it having been adopted at two (2) regular meetings of the Board of Commissioners of Orange County, North Carolina as provided by law. ��� ~�. ORANGE COUNTY BOARD oEoU,nnnIONERS Action ACTION nfTzmDA IT aosTngCy Item No,_�,L�� \ MEETING DATE August 11 , 1982 Subject: Appropriation to the Animal Protection Society 7aecortrren�� -Cnn �T4naW l | Public Bearing: yas _— rn._i --~___- Attachment(s) : -- - ' Information Contact: Kenneth R. Thompson PboneNomzer, 732-8181 ext. 501 Po �o, To consider a request from the Chairman of the Society to amend the budget �x approved for Shelter operations for- 1982-83. • NEED: The Society operates the Animal Shelter on behalf of the Cnuoty. County payments for the service is the difference between actual cost operation and the amount of fees collected from adoptions. The amount approved for 1982-83 operations was underestimated by the Society. It resulted from using 1980'81 figures rather than those for 1981-82. Instead of requesting the full difference, which would be the 1981-82 amount plus 5 percent` the Society asks for a supplemental amount of — $2,500. This is equivalent to the anticipated adoption fees. IMPACT: If approved, the revised 1982'83 appropriation would be $43,814 as com- pared to 1981-82 actual payments to the Society of $43,289 (cost less income). RECOMMENDATION(S) : Approve the request with a budget amendment to be a transfer from the con- tingency account. 014/11NEE COUNTY HOARD OF COYAISSIONE.5 S Action Agenda Item hb. ,-4 a.AC ION AGENDA ITEI ABSTRACT h1LI:'L'PG IIAT-AUGUR 1,Z-rd•98L Subject: Firearms Ordinance F C-pa-r—.-r-nt: Marta er —1 I L?ubzic Hearing: _yes x. no iI At ychment(s): Information Contact: Ken Thompson No P Phone Number: 732-8181 ext. 501 PORPOSE: To consider a request from the Town of Carrboro that the County adopt an Ordinancelrestricting the use of firarms within a buffer area surrounding the Carrboro Community Park. N1 : A representative of the Town will be present to explain the type of problem being encountered, and how they think County action might provide a remedy. According to General Statute 153 A-129, A County may, by Ordinance, regulate, restrict, ror prohibit the discharge of firearms at any time or place except when used to take birds or animals (pursuant to Chapter 113, Subchapter III) when used in defense of person or property, or when used pursuant to law- ful direr ions of law enforcement officers. A County may also regulate the display of firearms on public roads, sidewalks, alleys, or other public property. Should the Board be inclined to adopt an Ordinance pursuant to the request of the Carrboro Board of Aldermen, the County Attorney will develop the draft with the assistance of the Town Attorney. IMPACT: RECOMMENDATION: As the Board decides. TOWN OF CARRBORO NORTH CAROUNA TOWN ATTORNEY Tetiith..-1,3) June 15, 1982 RECEIVED , '',,`. 20 1984 Mr. GeOff Glahill Coleman, Belnholz, Dickerson, Bernholz, Gledhill & Hargrave 110 N. Churton Street Hillsborough, NC 27278 Dear Geoff: At its meeting on July 13, 1982 the Carrboro Board of Aldermen instructed ne to forward its request through you to the County Commissioners that the Coi.nty adopt an ordinance restricting the use of firearms within a buffer area f approximately 1000 feet surrounding the Carrboro Community Park. The a tual dimensions of the requested buffer area are shown on the attached map. The Boa d of Aldermen's action on this matter was prompted by a request submitted by the town's Recreation Commission. The Recreation Commission had become cimerned about the safety of the users of the Community Park as a result of several instances in which hunters were observed discharging firearms in close proximity to the Park but on land that is outside the town limits nd therefore outside our legal jurisdiction. I will be happy to assist you in any way that I can on this matter. I would appr4ciate your response as to how the request will be handled. I Sincerely, . . Michael B. Brough Town Attorney MBB/sj Enclosure cc: Richard Kinney / 4 . ,<,.. „/ / . ...7 - " ,-----7" i . .. L_________<--- '.,.. P R O P o zg-0 _ • \ kliCI/ /E: BUGLE FATLY i SC}allT L . 77----------/"^�..' � - ExISTIZ aw.. SPffiE i # •r"::- i/ t CARRHQRQ CCM UNFY PARK : S t / r , ... o LEt ' sue,: . ?GtE Ff L LY R 5Et1' LExU'tPiG GAEEt5g14£^^^^�� ` � IND ti ' '— - • . r-- . / 'f V \ ..f 1"i l r.S • fi !-•�� . �.r. &Yt nr x Lot .-i., ( • ...-- r s4 iuiSs y''"Z.r! EXIST m GAEESASGE ' AAtT7FFMLY Fff50EtF lAL�' 1 P:.:)w ,. ,.t i$cE"aF+J'' t .;v3,14-7,�,.tt 9HGLE MRS RazDENTIEL '-L = A/s3 Jftt S 'eta/ [,i rx' / „..—_ _ �,r/,,,-.3 --, <'X!S 1 .,;d S=v.�+A -8.7t;i r,-to. � s _ . C/Mt:3 y C«,� aYt#�. �? ��lri{z4, of ff��`E!'6r, r° I �t� ( ' s . ,t3 R fmj/ iY kd }L - s _ a. Asa ce o a1i5 a.3y.] ,:'t it.-- ':'. !r ..r.O...$..Fxa`-c'ff' y� R�+ .-- ««1 Y Oifstie Features comb©rCf community pork ..W.. ..,CAlA At t l S1r7 a�^sMJ 1--".77v 1. .t I CsJ....♦It Webb,M Hit 4.0 js LY:a...cS town of C4ttt�6ro north CCi!Ohna .,4 Cayl•,.TA,$ 4 a __ _. .. ma'fM.w....r1r•w w a iii - --_- ■ - ; -ORMZE` COiRrr.0 • - - liOARD O Ca 24..rSSIC).*.W.,. ACtiOn, mr,cia, Iton to _ACTION l'■Gat; ITEt ABSTRACC iTETD:G DATE August 17, 1982 Subject.: Budget Amendment Deparbnant: Finance Public Rearing: yes x r Attachment(s) ;yes Idformaioa Contact: Patricia Stutts phone Ntriben: (919) 732-8181 rat. /1.95 PURPOSE: Board ot ComMissioners conSideration of proposed budget amendment. NEED: To record budget amendment. IMPACT: Adjusts current budget. MMENMW ` - ' oMcZuDco�Y ����� � ~`= ^ FOAM OF Action � ACTION AGENDA zT&MmBSTPACT Item u- [� Iozmaln»uE August 17, 1982 Discussion Items Relating to the 1932'83 Budget • l • Ra er \ | Public 8oa�ng` � oo' / T�"nr�=��� Couxty naq� . . '-_ ------�- AEtachor2nE( ' zq�zrma�on Contact: s) ' Yes Kenneth R. Thompson 732-8181 ext. E01 _��ne m��er: �Oa�s� To conSider and receive any policy d rection on four subjects wk u e � discussion f hwh h wnth Board requested be held over fur further d cu��`on rom rne uoyc� ,k sessions. NEED: Areas of interest were as follows: l. Planning Department Objectives for l982-83 The list which appeared in the recommended budget was considered too general and abbreviated_ Some things thought important from past statements appeared to be left out. Staff has since re-written the list in terms of the comments received (See Attachment 1). Any modifications can be indicated at the meeting. = = 2' Commission on Hnmen Objectives for 1982-83 The work program for the new year was not completed in time to be included. A draft of what is proposed is shown in Attachment Z Any revisions should similarly be indicated. 3. 1982-83 Capital Projects Board action was limited to approving the transfer to the County Capital Projects Fund with the understanding that approval of specific projects would occur later. Attachment 3 jS what was developed from departmental input. Attachment 4 is a revised recommendation from the former list while setting aside $7`030 for word processing and $lD,0ODfor contingency. If the 0nrrd agrees with the revision approval should be given to budge; amend- ment shown as Attachment 4. Note the format is changed per Hard instruc tion to transfer vehicle and equipment items to the dopartm'otal budgets 4. Energy Coordinator/Management Analyst Position Included in the recommended budget was moving of the Energy Coordinator position to the Manager's Office. Reconstituted duties were to include doing management studies, continuing staff support to the Energy and other Board-appointed commissions (HSAC, Youth Task Force), and administering the pblevidnn franchises. Energy and HSAC Commission members asked questions as to the ornont of time which could be devoted to their activities' The Mnnag, . `s answer was that staff time would be allocated in relation to th,> work programs developed. This would be on a project rather than a fixed percentage basis. Also it was stated that the Energy/ Management Analyst, as well as other staff members could be assigned to give assistance depending on the nature of the tasks. Subse,na»t meetings w' the chairman of the commissions have been devoted to discussing mechanics of how this might be done to the satisfaction x� eac: Job description for the position is Attachment 5. Any revision deSirc : by the Board can be incor' urstedjnto a memorandum of understanding ohiwhir.should exist between each Commission assisted and the Manaper(Attnchoeot IMPACT: Board guidance in these subject areas will he reflected in the final, printed budget. �' - ' . ' 8s the Board decides. SG% ATTACHMENT I PLANNING DEPARTMENT OBIECTIVES PROGRAM 4 PRIORITY PLANNING 10b 1 Provide Staff for the Water Task Force impir,mentatic„, Committee. - 10c 1 Provide Staff for the Agricultural Implementation Committee and prepare a final report. 10e 1 Provide Staff for Joint Planning Committees with Chapel Hill-Carrboro and Hillsborough. Prepare an agreement with Hillsborough. lOg (b) 1 Develop the "Streets" section of developmep.t standa for the Land Use Code. 1Ch 1 Develop "How-To" manuals for citizens and duwe!opsrs in Orange County to explain Land Developma; Codes. 10j 1 Prepare an in depth area plan for the Seaver Dairy Road area in Chapel Hill Township. BUILDING INSPECTIONS 1 Develop a new fee schedule for building inspections. SOIL EROSION-SEDIMENTATION CONTROL 3 1 Develop a policy and procedures manual for use in preparing Soil, Erosion-Sedimentation Control plans. PLANNING 10f 2 Prepare a short issue (research) paper on types of industry suitable for Orange County with emphasis on those suited for protected water sheds. log (a) 2 Develop administrative section for Subdivision Regulations to be included in the Land Use Code. lOg (d) (e) 2 Develop the "Storm Water Management" and "Flooding" sections of the Land Use Code, log (g) 2 Develop the "Utilities" section of development standards for the Land Use Code. log (j) 2 Prepare in depth area plans for the following Nodes : Greater Mebane Western Homestead Road Area 10j 2 Prepare an in depth area plan for the Harmon-Young Node in Hillsborough Township. BUILDING INSPECTIONS 3 2 Devel _p an ordinance for local administration of the State Building Code. 4 2 Develop on Land Information Computer file to provide for building code administration. SOIL EROSION-SEDIMENTATION CONTROL 4 2 Assist in the development of one section of the Land Use Code on flooding, drainage, erosion control and storm water management. 1.0g (c) 3 Develop the "Recreation" section of the Land Use Code . lOg (f) 3 Develop the "Screening" section of the Land Use Code- 3 ' Develop a "Solar Access" section for the Land Use Code. , loci (j) 3 Prepare in depth are plans for the following Nodes: Efland US 70 - I-35 in Eno Star Point Pantry in Hillsborough )0k 3 Prepare one Economic Development brochure. 101 3 Prepare one report and coordinate with NC DOT on the Secondary Road Improvements Program. BUILDING INSPECTIONS 5 3 Prepare an ordinance to integrate solar- energy SUIL EROSION-SEDIMENTATION CONTROL 5 3 Develop new standards and specifications foa-.7 privet,: roads for the Land Use Code. PLANNING lOg (i) 4 Develop a mobile home park ordinance to govern operations of existing mobile home par)cs. 10m A Prepare one report on the 1930 Census and Orange Coy 11 4 Develop a land information computer file for sub- division, flood plain information and zoning classifications as part of the Land Records System. " - , _ -40G ATTACHMENT 2 . . COMMISSION FOR WOMEN OBJECTIVES 1982 - 83 1, Provide a means for more technical training courses to be offered throughout Orange County, 2, Assist CETA in increasing number of women enrolling in GED programs, 3 i-ease number of the on-the-job CETA training slots occupied by unskilled women. 4. Assist in establishing facts surrounding need for a county-wide housing code. 5. Improve coordination with the Human Services Advisory Council, the Association of Community Agencies, and the Orange County Women's Center. 6, Determine effectiveness of affirmative action practices by public and quasi public agencios . 7. Participate in the formulation of the county's water and sewer policy to attract model industries and improve economic development. 8. Participate in the review of the proposed county transportation plan to improve transportation assistance to work or child care facilities for individuals not owning cars. 9. Update and maintain files containing information on women's issues, 10. Provide referral service to at least 24 women seeking assistance. 11. Provide technical assistance for regular commission activities by: a) assisting Membership Chair to recruit and train new members b) assisting Program Chair to present bi-monthly programs for Commission c) assisting Publicity Chair to prepare monthly media release d) preparing for regular and executivo, committee meetings 12. Submit monthly and annual reports to the County Manager, County Commis- sioners, and Commission for Women, 13. Evaluate Guide to Family Resources for republication. 14. Seek assignment of intern student from the University of North Carolina School of Social Work or Adult Education program. 4 •1 ORANGE COUNTY ATTACHMENT 3 CIP - County Manager's Recommended 1982-83 Budget Total Capital 1982-83 Vehicles Equipment Improvements_ Roof pel 8 37,000. $ 37,030. Sheriff's Vehicles 40,000. 40,000. EMS Vehicles 27,400. 27,400. Sanitation Vehicle 35,000. 35,000. Animal Control Vehicle 10,000- 10,000. Jail Heat & Air Relocation 10,030. 10,000. • Voting Machines 12,000. 12,000. Old Courthouse Restoration 65,000. 65,000. Hater & Sewer Extension 55,000. TaK Building Expansion 4,000. 4,003. Human Services Parking Lot 4,600. 4,600. $300,030. ATTACHMENT 4 ORANGE COUNTY 1982-83 Capital Improvements Project Roof Repairs $ 35,500. Jail Heating & Air Conditioning Relocation Old Courthouse Restoration 65,000. Water & Sewer EXtension 55,000. Human Services Parking Lot 4,600. TaX Building Expansion 9,000. CIP Other - Contingency 10 000 $183,794. ( ORATICE COUNTY PROPOSED , 1982-83 BUDGET ATIMMETIT The 1982-83 Budget Ordinance of Orange County as adopted on June 22, 1932 is hereby amended as follows: General Fund: a) Appropriation: Aging $ 1,700. Source: Aging - Fees 1,500. Aging - Donations 200, To receive unanticipated fees and donations. b) Appropriation: Public Works $ 10,476:i Buildings & Equipment - Improvements (25,700.) Transfer to Capital Projects 15,224. To move funds for improvements from non-departmental expense into proper accounts. c) Appropriation: Elections $ 12,000. Data Processing 7,030. Health 10,000. Sheriff 40,000. Emergency Services 27,400. Public Works 35,000. Transfer to Capital Projects (i31,430.) To move vehicle end equipment purchases from CIF and place into proper departments in the General Fund. Adopted this the day of August, 1932. 403 -.• • • _ •_ • . • _ . . MANACENEN1 AMUYST ATTACHMENT 5 GKAL SIATEMENT OF DUTIES: Assists the County Manager by performing a variety of :(1sponsible administrative and research activities; serves as liaison to assigned interagency and citizen advisory commissions. DISTINGUISHING FEATURES OF TILE employee in this class assists in the planning and administration of County government by researching and analyzing requests and making recommendations. Work includes handling special projects, Manager's liaison to interagency and citizen advisory cOmmissions and providing staff support to the same on an assigned basis. Work also includes making special studies alone or as a member of a team and pre- paring mid presenting reports. Judgment, initiative, tact, and courtesy are re4utied. Work is performed under general supervision and is evaluated for effectiveness, in con- ferences and by review of records and reports. ILLUSTRATIVE EXAMPLES OF WORK: Conducts research into administrative organization and functions; investigates situations; secures information and considers alternatives; makes recommc:ldations, Coordinates the preparation of requests and reports by;departmen and agenCies. Interprets and explains administrative policies , procedures, and decisions. Coordinates program involving more than one department or County-supported agency. Functions as the Manager's liaison to interagency and citizen advisory commissions; provides staff support to assigned agencies/commissions as directed by the Manager. Answers requests for information; investigates complaints; handles problems or refers to appropriate agency. Attends meetings as representative of the County Manager: e - Performs related work as needed. KNOWLEDGE, SKILLS, AND ABILITIES: Considerable knowledge of the organization and functions of County government. Considerable knowledge of the principles of modern public administration. Working knowledge of State law and regulations affecting County government, . Working knowledge of sources of information needed in preparing research reports and making administrative decisions. Ability to define objectives, assign priorities, and bring projects to completion. Ability to assist in the coordination of the efforts of various departments and agencies. Ability to explain County policies and procedures and to judge effectiveness of them. Ability to gather, analyze, and evaluate information and to prepare concise and informative reports. Ability to deal effectively with officials and citizens.. Ability to maintain effective working relationships with other 'employees. DESIRABLE TRAINING AND EXPERIENCE: Completion of college with master's degree in public administration, political science, or a closely related field, and experience in govern-- mental work, including experience in making studies and preparing reports; or an.equivalent combination of education, training and experience. OCPD B/82 4 404 ATTACHMENT 7�'7 0-K-A-,�` ' ° ^ MEMORANDUM OF UNDERSTANDING� It is jointly agreed that in the provision of staff support by the County Manager's Office to a Commiosion, the following conditions will be met: 1. A commission will determine its objectives for the upcoming year 2� Each objective will be translated into a work plan which specifies individual tasks, timing for task completion and who will be responsible for each task; 3. The Commission Chair and County Manager will jointly agree on any of the tasks reflected in the work plan requiring staff support; 4. Attendance at Commission meetings by staff will be outlined as well as the role of the staff person at the meetings; 5. Recognizing that things will arise during the course of a yzvr that are not anticipated at the start, any staff needs resulting from those changes are to he jointly agreed upon through periodic meetings between the County Manager and the Commission Chair, Kenneth R. Thompson County Manager Commission Chair