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HomeMy WebLinkAboutAgenda - 05-06-1991r_ ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA BOARD OF EQUALIZATION AND REVIEW - OLD COUNTY COURTHOUSE, HILLSBOROUGH - 7:00 P.M. To Consider the settlement EXECUTIVE SESSION - 7:10 P.M. - of a claim on behalf of Orange County and to consult with the County Attorney REGULAR MEETING NOTE: BACKGROUND MATERIAL ON ALL ABSTRACTS 1991 MONDAY, MAY 6, AVAILABLE IN THE 7:30 P.M. CLERK'S OFFICE. OLD COUNTY COURTHOUSE HILLSBOROUGH, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is avaeca11 the e County If you need this assistance, please Clerk's Office at 732 -8181 or 968 -4501. I. ADDITIONS OR CHANGES TO THE AGENDA II. AUDIENCE COMMENTS A. Matters on the Printed Agenda (we would appreciate you signing the pad ahead of time so that you are not overlooked.) B. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County.. its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail -to observe this public charge, the Chair will ask the offending person the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. III. ITEMS FOR DECISION — CONSENT AGENDA (Any item may be removed for separate consideration) A. County Auction 1991 B. Tax Refund Requests C. Bid Award-- Dumptruck D. Hillsborough House Numbering IV. RESOLUTIONS PROC T LAMATIONS A. Alexander Vs Flaherty Resolution B. Older Americans Month and Senior Center Week Proclamations C. Disability Awareness Week 'a e� d''',��� D. Resolution Endorsing Water Saving Devices E. Resolution -- support of Water Saving Devices V. SPECIAL PRESENTATIONS VI. PUBLIC HEARINGS A. For Citizen Comments and a Decision 1• Proposed 1991 -92 Secondary Road Improvements Program VII. REPORTS A. Youth Symposium Final Report B. OWASA Quarterly Report C. DCHC Transportation Advisory Committee D. LUP- 4 -90 -- Amendments to the Joint Planning Land Use Plan and Agreement for the Rural Buffer VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. CP- 1- 91-- Robert Ayers and Harold Harris B. OPC Mental Health Agency Building Renovations C. Addition to the.Classification and Pay Plan D. Substantial Equivalency Exemption for Classification and Compensation E. Zoning Enforcement Cases -- Recommendations on Civil Penalties for Zoning Cases F. Advertisement- -May 28, 1991 Public Hearing G. Citizens Advisory Committee on School Capital Needs H. Proposed Resolution for Consideration by the N. C. Association of County Commissioners I. Lease Approval -- Chapel Hill Satellite Senior Center IX. APPOINTMENT$ X. MINUTES - None XI. BOARD COMMENTS XII. COQNTY MANAGER$ REPORT XIIi. EXECUTIVE SESSION - Continued from 7:10 P.M. Session XIV. ADJ� OENT i Approved June 25, 1991 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 6, 1991 The Board of Equalization and Review met at 7:00 p.m. in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chairman Moses Carey, Jr., Vice - -Chair Stephen H. Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., and Clerk to the Board Beverly A. Blythe. BOARD OF EQUALIZATION AND REVIEW Clerk to the Board Beverly Blythe gave the Oath of Office to the five County Commissioners. They will serve as the Board of E & R for 1991. Chairman Moses Carey, Jr. convened the meeting. There were no questions and no citizens desired to speak. The meeting was adjourned. The next meeting of the Board of E & R will be held at 5:30 on May 21. EXECUTIVE SESSION Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to go in Executive Session to consider the settlement of a claim on behalf of Orange County and to consult with the County Attorney. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to continue the Executive Session immediately following the Regular Meeting and to reconvene into Regular Session at this time. VOTE: UNANIMOUS REGULAR MEETING The Orange County Board of Commissioner met in Regular Session on May 6, 1991 at 7:30 p.m. in the Courtroom of the Old County Courthouse, Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chairman Moses Carey, Jr., Vice - Chair Stephen H. Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Deputy Clerk Kathy Baker, Clerk to the Board Beverly A. Blythe, Planners Gene Bell, David Stancil and Jim Hinkley and Mary Scearbo, Personnel Director Elaine Holmes, EMS Director Nick Waters, MPA Intern Lucy Lewis, Social Services Director Marti Cook. NOTE: All Documents referenced in these minutes are in the permanent agenda file in the Clerk's Office. bT (C' I. ADDITIONS OR CHANGES TO THE AGENDA The Appointment for the OWASA Board was postponed until the next meeting. II. AUDIENCE COMMENTS Chairman Carey announced that those in the audience who desire to speak to an item on the printed agenda will be recognized at the appropriate time. There were no citizens to speak to items not on the printed agenda. PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below. Item D was removed for separate consideration. A. COUNTY AUCTION 1991 The Board approved the following resolution for the disposal of surplus personal property. RESOLUTION WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS: Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS: Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County NOW, THEREFORE, BE IT RESOLVED THAT: the Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list on May 18, 1991. The auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis. FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioners to send notice of such 2 (C' I. ADDITIONS OR CHANGES TO THE AGENDA The Appointment for the OWASA Board was postponed until the next meeting. II. AUDIENCE COMMENTS Chairman Carey announced that those in the audience who desire to speak to an item on the printed agenda will be recognized at the appropriate time. There were no citizens to speak to items not on the printed agenda. PUBLIC CHARGE Chairman Moses Carey, Jr. read the Public Charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve those items on the Consent Agenda as stated below. Item D was removed for separate consideration. A. COUNTY AUCTION 1991 The Board approved the following resolution for the disposal of surplus personal property. RESOLUTION WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS: Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS: Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County NOW, THEREFORE, BE IT RESOLVED THAT: the Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list on May 18, 1991. The auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis. FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioners to send notice of such 3 authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in inventory. B. TAX REFUND RE_ UESTS The Board approved five request for property tax refunds as listed below: NAME ACCOUNT -1 AMOUNT Ashley, W. W. 2889 $ 45.93 Barrett, Debra Ann 108272 163.60 Perry, Rosa M. 8900091 (release) 100.00 Council, Jesse Jr. 19030 1,137.89 Berry, Margaret S. 140245 62.00 C. BID AWARD - DUMPTRUCK The Board approved the bid from University Ford, Inc. for a sum of $31,984.20 for one 25,500 pound GVW Dumptruck with a 14' dump bed. D. HILLSBOROUGH HOUSE NUMBERING - removed for separate consideration. VOTE ON THE CONSENT AGENDA: UNANIMOUS D. HILLSBOROUGH HOUSE NUMBERING Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve the Town's request to consider maintaining the Town of Hillsborough's street address system on a temporary basis until October 1st at which time additional cost information on continuing the service will be submitted to the Board. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) Commissioner Insko asked for a list of services the County provides to Hillsborough, Carrboro and Chapel Hill on an ongoing basis and the cost associated with these services. IV. RESOLUTIONS PROCLAMATIONS A. ALEXANDER VS FLAHERTY RESOLUTION Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the resolution as stated below and send to the N.C. Association of County Commissioners, N. C. Department of Human Resources, N. C. Legal Services Resource Center, and the N.C. Association of Social Services Board Members. RESOLUTION WHEREAS, the Alexander vs Hill (Flaherty) Court Order has been in force for 16+ years with the intent of assuring that 4 applicants for Aid to Families with Dependent Children and Medicaid receive timely determination of eligibility; and, WHEREAS, the most recent Consent Order and Settlement Agreement signed by Legal Services and the State of North Carolina creates severe fiscal sanctions for Counties that fail to reach a certain point threshold on an arbitrary, process - oriented monitoring mechanism; and, WHEREAS, the most recent Consent Order and Settlement Agreement focuses on the process of determining eligibility rather than the results, creates unnecessary paperwork, and in effect, slows the eligibility process; and, WHEREAS, Orange County is committed to providing assistance to eligible applicants on a timely, accountable basis, NOW, THEREFORE, be it resolved that the Orange County Board of Commissioners: 1. Request that all parties involved in the Court Order enter into a cooperative effort to renegotiate and modify the most recent Consent Order and Settlement Agreement in a mutual effort to enhance humane, efficient, and timely service; 2. Request that program regulations derived from Federal Law, Court Order, and State policy be modified to simplify and speed the eligibility determination process and that any system adopted to monitor that process be designed to measure results rather than process; 3. Declare that counties should participate as full partners in all future negotiations regarding this matter. VOTE: UNANIMOUS B. OLDER AMERICANS MONTH AND SENIOR CENTER WEEK Motion was made by Commissioner Halkiotis, seconded by Commissioner Gordon to approve the proclamations for Older American Month and Senior Center Week as stated below: PROCLAMATION WHEREAS, According to the latest population figures, there are more than 12,000 persons over 60 years of age in Orange County, and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have contributed to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 1991 as OLDER AMERICANS MONTH and further, do encourage all citizens to join us in honoring our older Americans. 5 12Z ` :l WHEREAS, Local communities support over 10,000 Senior Centers in the United States, and WHEREAS, orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County, and WHEREAS, Senior Centers affirm the dignity, self -worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community, and WHEREAS, Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported and socially involved, and WHEREAS, The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them, NOW, THEREFORE, I, Moses Carey, Jr. by the authority vested in me, do hereby proclaim the week of May 12 -19, 1991, as Senior Center Week calling upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. VOTE: UNANIMOUS C. DISABILITY AWARENESS WEER Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the proclamation as stated below and authorize the Chair to sign on behalf of the Board. DISABILITY AWARENESS WEEK IN ORANGE COUNTY WHEREAS, we recognize that persons with disabilities are people who also have abilities and talents, and WHEREAS, with mutual respect and reasonable consideration persons with disabilities, mental or physical, can participate in our society to their fullest capacity, and WHEREAS, while orange County and the State of North Carolina offer many opportunities for individuals with disabilities, much of our citizenry remains unaware of the capabilities and aspirations of persons with disabilities, and WHEREAS, Orange County recognizes that persons with disabilities are a resource we cannot afford to overlook or not use to their highest potential, and WHEREAS, the State of North Carolina has proclaimed May 5 through May 11, 1991 as "Disability Awareness Week ". NOW, THEREFORE BE IT RESOLVED that the Orange County Board of C Commissioners wish to renew their commitment to take those steps necessary for the full integration of people with disabilities into society by proclaiming May 5 through May 11, 1991 as "DISABILITY AWARENESS WEEK ", and urge all our citizens to participate in activities during this week and become more aware of the needs and capabilities of persons with disabilities. VOTE: UNANIMOUS D. RESOLUTION ENDORSING WATER SAVING DEVICES E. RESOLUTION - SUPPORT OF WATER SAVING DEVICES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the two resolutions as stated below: A RESOLUTION ENDORSING WATER SAVING DEVICES AND REQUESTING OWASA TO ADOPT CERTAIN WATER CONSERVATION POLICIES WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets and aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single- family homes and multi- family housing g and significantly reduce water consumption; and WHEREAS, there exists other water consumption policies and measures that can assist in reducing water consumption in Orange County, including but not limited to educational programs to increase consumer awareness about water consumption, the modification of water bills to show consumption in gallons per day, encouraging retrofitting of fixtures, the keeping of the records of firefighting and training water usage, street cleaning usage and watering of shrubs and plants by city, county and volunteer fire departments, the keeping of records for water usage or loss due to line breakage and new water line flushing, the keeping of records or estimation of construction water usage, the keeping of records for the university and hospital water usages, improvements i metering of water usage, annual proclamation of water week and other utilities and municipalities to heighten water reducing devices, and the development of long -term plan wastewater reuse, a comprehensive water audit to detect water leaks, the development of a least cost JFA approach to an overall water demand management plan for OWASA's customers, and the publication of per - capita consumption figures to make the trends available to the public; and WHEREAS, the Orange County Board of Commissioners ;supports these measures and policies to reduce water consumption in Orange County. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES: Section 1. For the above - stated reasons, the Board of Commissioners supports the continued development by OWASA of policies and measures as described above. Section 2. The Board of Commissioners asks the OWASA Board of Directors to examine its policies and measures for reducing water consumption and determine if the measures and policies outlined above are part of its plan, and if not, determine if such policies and measures, as well as others that may be developed, are appropriate and should be enacted for its service area. Section 3. Copies of this resolution shall be sent to the Chapel Hill Town Council. Section 4. This resolution shall become effective upon adoption. A RESOLUTION ENDORSING WATER SAVING DEVICES AND ASKING FOR APPROVAL BY THE NORTH CAROLINA BUILDING CODE COUNCIL WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources, and WHEREAS, water conservation results in specific savings on sewage treatment costs and on water supply projects and reservoir planning; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation, and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi- family housing and significantly reduce water consumption; and WHEREAS, even though local ordinances can be amended to require advanced water saving fixtures in new construction and retrofit devices for upgrading the water use by shower heads, faucets and toilets in older buildings, it appears that such requirements may need approval by the N. C. State 8 Building Code Council for inclusion in the N. C. State Building Code; and WHEREAS, the Orange County Board of Commissioners will adopt changes to the county's ordinance in accordance to the state building codes regarding advanced water saving fixtures for new construction and retrofit devices for upgrading the water used by shower heads, faucets and toilets in older buildings and will petition and ask the N. C. State Building Code Council to allow such fixtures and retrofit devices under the N.C. State Building Code. NOW THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES: Section 1. For the above - stated reasons, the Orange County Board of Commissioners supports the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace. Section 2. The Orange County Board of Commissioners asks the Chapel Hill town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham County Board of Commissioners, the Pittsboro Town Council, and the Triangle J Council of Governments to support the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace, and in old and new construction in the State of North Carolina. Section 3. The Board of Commissioners asks the governing bodies of the Cities of Chapel Hill, Durham and Pittsboro, the County Commissioners of Durham County and Chatham County, the Orange Water and Sewer Authority and the Triangle J Council of Governments to join with them in petitioning and asking the N. C. State Building Code Council to allow advanced water - saving fixtures,such as 1 and 1.5 gallon flush toilets, 2- gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amount of water used in showers, kitchen sinks and toilets, as well as retrofit, water saving devices for reducing water consumption to be used in existing and newly constructed buildings and homes, under the N. C. State Building Code. Section 4. This resolution shall become effective upon adoption. VOTE: UNANIMOUS V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARINGS A. NCDOT PROPOSED 1991 -92 SECONDARY RQM IMPROVEMENTS PROGRAM Mr. J. W. Watkins, DOT Division Engineer presented for public comments the proposed NCDOT 1991 -92 Secondary Road Improvements 9 Program. He indicated that the present priority list would be used for one more year. At that time, it may be decided by the Transportation Board to do a new priority list. He listed the rural roads and the subdivision/ residential roads that are scheduled for paving in 1991- 92. The anticipated allocation for Orange County amounts to $1,423,213. He stated they expect to receive additional funds and will adjust the schedule at that time. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS. MARGARET 17NDERWOOD expressed a concern about the intersection of I -85 and Mt. Hermon Church Road. The trucks turn onto this road to avoid the scales on I -85 and the road is congested with trucks. Mr. Watkins will look into the situation. JAMES BUMPHUS expressed a concern about an unpaved road which has no speed limit sign. Mr. Watkins explained they do not put speed limit signs on unpaved roads. DOT and the County Engineer will look at the situation and report back to the Board. JAMES GENTRY spoke in favor of paving Carolina Loop Road. SIX EFLAND spoke in favor of paving Harmony Church Road, High Rock Road and North Oak Road. WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the proposed 1991 -92 Secondary Road Improvements Program as presented by NCDOT. VOTE: UNANIMOUS VII. REPORTS A. YOUTH SYMPOSIUM FINAL REPORT This report was given by Lucy Lewis. She indicated that the report includes the recommendation made by the Symposium participants, and briefly addresses the progress made on each recommendation. She gave a brief summary of the report and outlined the future plans to carry out the recommendations. Commissioner Gordon asked that one topic she would like to see addressed is the County's responsibility in meeting the needs of children and their families. She emphasized that there are very few activities for young adolescents. County Manager John Link clarified that this document is intended to be a set of guidelines on how the community can meet the needs of the youth. The implementation of this plan will not necessitate any new positions or programs for this next year. Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to accept the final document which will be used by the various youth organizations including the County in setting priorities for continuing to coordinate and improve youth services. VOTE: UNANIMOUS 8. OWASA QUARTERLY REPORT 10 Lois Herring, OWASA Board Chair, gave this report. In answer to a question from Commissioner Insko about the Watershed Classification for University Lake, Ms. Herring indicated she thinks it will be WS II. If the watershed was classified a water critical watershed, then OWASA's regulations, which are more stringent than the State regulations, would be in effect. Commissioner Willhoit would like to review the map which shows the various watershed designations. C. DCHC TRANSPORTATION ADVISORY COMMITTEE Planner Gene Bell reported the results of the April 24, 1991 meeting of the Durham - Chapel Hill - Carrboro Urban Area Transportation Advisory Committee. The major item of interest on the County's TIP request was withholding endorsement of widening US 15 -501 from Morgan Creek to the Chatham County Line until such time as equal consideration was given to a connector road from US 15 -501 to I -40. The TAC voted unanimously to request that the State Board of Transportation move all actions related to R -942 back a year on the funding schedule. During this time, Chapel Hill, Orange County, Chatham County, and DOT representatives will attempt to reach a compromise. Another item of interest was stormwater best management practices along Orange County's Interstate corridors inside WS -IZI or higher watersheds. There were assurances from DOT staff and the representative from the Federal Highway Administration that such practices were being followed along the interstates. D. LUP -4 -90 AMENDMENTS TO THE JOINT PLANNING LAND USE PLAN AND AGREEMENT FOR THE RURAL BUFFER John Link stated that this report is to update the Board on where the County is on pursuing the amendments based on the Rural Character Study. Planner David Stancil presented a report on amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement which reflect a portion of the Conceptual Guidelines for the Rural Buffer. He briefly described the four alternatives as stated in the agenda abstract. After an extended discussion it was decided that an action plan would be developed by the County Manager outlining the alternatives. This will be placed on a future agenda for discussion on how to approach the five recommendations. He asked that the Board provide guidance on timelines for these five recommendations. Chairman Carey feels it is important to inform the citizens on what the County intends to do about a monitoring plan for alternative septic systems in the County. John Link indicated this report would be forthcoming in June. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. CP -1 -91 ROBERT AYERS AND HAROLD HARRIS The Board was asked to consider a proposed amendment to the Orange County Comprehensive Plan by Robert Ayers and Harold Harris. The property is located in Hillsborough Township, south of the Interstate 40 /01d Chapel Hill - Hillsborough Road interchange. The property contains 11 32.76 acres, with access to Old Chapel Hill - Hillsborough Road. The site has 2200 feet of frontage along the western right -of -way of Interstate 40. The site and surrounding properties are currently designated Rural Residential on the Land Use Element. The proposed amendment would create a new free - standing Commercial Transition Activity Node /Ten year Transition area on this site. The applicants have stated the desire to pursue application for an office park on this site. A public hearing was held on February 25, 1991 and the Planning Board considered this item on March 18, 1991 and recommended denial based on the applicants desire to receive a decision based on existing policy. Planner David Stancil informed the Board that there are three projects or studies that have a lot of relevance to this particular land use plan amendment. There is.a committee made up of EDC and Planning Board members who are looking at sites across the county for appropriate economic development opportunities. One of the sites they will be looking at will be this interchange. Secondly, there is an effort with the Town of Hillsborough to pursue a cooperative planning zone. This area is under discussion in that plan. Third, the County's Land Use element was adopted in 1981 and is scheduled for a ten year update in the near future. The Planning Department is waiting on more concrete census data before doing this as well as other studies such as watershed and transportation plans. In 1984, an area study was done of this interchange and the Board voted against designating a node at this property and continuance of the rural residential designation at that time. Chair Carey noted that the Public Hearing was held open to include the Planning Board recommendation and any additional written comments. The Public Hearing was declared closed. Motion was made by Commissioner Insko, seconded by Commissioner Gordon to deny the proposed amendment as per the Planning Board recommendation. VOTE: UNANIMOUS B. OPC MENTAL HEALTH AGENCY BUILDING RENOVATIONS Debbie DeHoff from OPC Mental Health explained that they require additional space before the completion of the new Southern Human Services Building. They request approval to construct an approximately 1400 square feet addition to the County owned Southern Human Services Building #2. They will pay for this addition by appropriating $145,000 from their fund balance and request $21,500 from the County to complete funding for the project. Commissioner Willhoit questioned the future use of the buildings in the complex and Ms. DeHoff indicated that they eventually will have all three buildings. He questioned the traditional role of that building with the community, and how this addition would impact the neighborhood. The decision on this request was postponed to May 21. This will allow additional time for OPC to hold a public hearing and to survey the surrounding residents to inform them of their plans and how the space will be utilized and to receive feedback on their proposal. C. ADDITION TO THE CLASSIFICATION AND PAY PLAN 12 County Manager John Link explained that the FY 1990 -91 Approved Budget included the addition of two Permanent Full -Time paramedic positions in the Emergency Management Services budget to address the increased number of service calls and to promote the County's Emergency Medical Services Quality Assurance Program. He is requesting that these two position be reclassified to Field Supervisor. They will be able to assure the kind of quality assurance that the County wants uniformly applied during late hours at night or on the weekend. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the addition of the EMS Field Supervisor class to the Orange County Classification and Pay Plan at Salary Grade 68. VOTE: UNANIMOUS D. SUBSTANTIAL EQUIVALENCY EXEMPTION FOR CLASSIFICATION AND COMPENSATION Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to adopt a statement of intent to apply the same classification and pay system in Health and Social Services Departments as has been applied in other County departments through the Phase I Classification and Pay Study and authorize the Chair to sign. VOTE: UNANIMOUS $. ZONING ENFORCEMENT CASES - RECOMMENDATIONS ON CIVIL PENALTIES FOR ZONING CASES It was the consensus of the Board to allow Thomas W. Underwood and Carl Swanson an additional 30 days to come into compliance with the Zoning Ordinance. A report will be given to the Board on June 25 of the progress on these two zoning violations with a list of those items which still need to be removed. F. ADVERTISEMENT - MAY 28 1991 PUBLIC HEARING Motion was made by Commissioner HalkiotisI seconded by Commissioner Willhoit to approve the advertisement for the May 28, 1991 public hearing. VOTE: UNANIMOUS G. CITIZENS ADVISORY COMMITTEE ON SCHOOL CAPITAL NEEDS Motion was made Commissioner Gordon to approve t by Commissioner Insko, seconded by he composition of the Citizens Advisory Committee on school capital needs as presented by the County Manager with two additional members from the two teacher organizations and to consider consultant support in assisting the committee in accomplishing its tasks. VOTE: UNANIMOUS H. PROPOSED RESOLUTION FOR CONSIDERATION BY THE N.C. ASSOCIATION OF COUNTY COMMISSIONERS Postponed to the next meeting t� r � 13 Z. LEASE APPROVAL - CHAPEL HILL SATELLITE SENIOR CENTER Reverend Robert Seymour reported that the Chapel Hill Town Council did not make a commitment of funds for this project at their meeting held tonight. He feels they have a majority of the Board Members who support the project. Commissioner Gordon noted that the Town Manager has indicated they may be able to allocate $12,000 for operations and also plan the programming for the Center. This leaves the Board with a motion and conditions not fulfilled. She suggested that since the 6102 square feet meets the minimum requirement by the task force, they approve the funds for that space and ask the senior citizens to defray the operational, maintenance and program space. This is an expansion item in a very tight year. She commended the efforts of the seniors in supporting this center and stated she fully supports the senior center. Motion was made by Commissioner Willhoit, seconded by Chair Carey to approve a five year lease with Elliott Center Investors for 6102 square feet as the base lease and 2938 square feet supported by funds from the Task Force, for a total of 9040 square feet, for the purpose of establishing a Chapel Hill Satellite Senior Center; and to authorize the establishment of subleases if said funding is not obtained; and authorize the Chair to sign on behalf of the Board contingent upon final review and approval by the County Attorney. VOTE: AYES, 4; NOES, 1 (Commissioner Gordon) IX. APPOINTMENTS Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to reappoint James Dingfelder and Lorraine Parker to the Recreation and Parks Advisory Council. VOTE: UNANIMOUS The OWASA appointment will be considered at a later meeting. X. MINUTES - NONE XI. BOARD COMMENTS - NONE XII. COUNTY MANAGER S REPORT - NONE XIII. EXECUTIVE SESSION Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to go into Executive Session to consider the settlement of a claim on behalf of Orange County and to consult with the County Attorney. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Chairman Carey to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items to consider, meeting. The next regular meeting will b e p.m. at the Franklin Street Post Office Hill, North Carolina. Beverly A. Blythe, Clerk Chairman Carey adjourned the held on May 21, 1991 at 7:30 District Courtroom in Chapel Moses Carey, Jr., Chair ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE MAY 6, 1991 ACTION AGENDA ITEM NO. SUBJECT: COiJNTY AUCTION, 1991 DEPARTMENT: FURCHASINIG AND CENTRAL SERVICES PUBLIC HEARING YES -X -NO ****************.****************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ATTACHMENT(S): RESULUTION INFORMATION CONTACT: PAM JONES EXT: 2650 AUCTION L'IST'ING PHONE NUMBERS: HILLSBOROUGH 732 -818'1 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE,: To declare as surplus, items on the attached list and to adopt a iesolution authorizing the Director of Purchasing and Central Services to conduct an auction of those personal property items declared surplus or confiscated. Auction to be held Saturday, May 18, 1991 at the Public works Department located on Highway 86, Hillsborough. Quotations were solicited from local auctioneers with Phillip Walkex Auctions submitting the lowest responsible fee A tabulation of the results is enclosed. BACKGROUND: Ueneral Statute 16OA- 270(b) requires this procedure to dispose of surplus personal property. Funds generated from the sale goes to Orange County. Funds confiscated property is to be school systems after deducting the North Carolina statutes. RECOMMENDATION: Adopt resolution. of surplus personal property for the sale of abandoned and evenly divided between the two for expenses, as provided in - .- Jp, N a RESOLUTION WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS: Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS: Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County NOW THEREFORE, HE IT RESOLVED THAT: The Orange County Hoard of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of these surplus and confiscated items found on the attached list on May 18, 1991, The auction to be held at 10:00 a.m. at the Orange County Public works Department and to be conducted on an as is, highest bidder basis. FURTHERMORE, HE IT RESOLVED THAT: The Orange County Hoard of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the title of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Hoard of Commissioner to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in inventory. 1991 SURPLUS PROPERTY ITEM QTY WEICRIPTiON 1 14 DESK CHAIRS 2 1 FLIP CHART 3 4 SIDE: CHAIR 4 1 MAIL SOFTER 5 9 TYPEWRITER 6 7 CALCULATOR 7 2 TYPING STAND 8 1 GOAT RACK 9 2 FILE CABINETS 10 6 DESK 11 1 CABINET 12 1 COPIER 13 1 PENCIL SHARPENER 14 1 WOODEN CABINET 15 1 BOOKCASE 16 1 ELECTRIC STAFLER 17 1 DESK LAMP 18 1 FLACK SOFA 19 75 TELEPHONES (TOUCHTONE) 20 I 1970 CHEVROLET DUMP CE530P111182 21 1 1979 DODGE VAN B36JF9K372532 22 1 1979 FORD 'T'RUCK SGTCWK92941 23 1 1980 CHEVROLET SEDAN 1L69LAJ221559 24 1 00 CHEVROLET SEDAN 1L69LAJ219914 25 1 1981 CHEVROLET SEDAN 1GlAB6898SA178068 26 1 1981 CHEVROLET SEDAN 1GlAB6891BA177375 27 1 1981 PLYMOUTH SEDAN 1P3BK46BXBF197942 28 1 1981 PLYMOUTH SEDAN 1P3BK46BXBF197939 29 1 1981 PLYMOUTH SEDAN 1P3BK46B6BF197940 30 1 1981 PLYMOUTH SEDAN 1P3BK4688BF197941 31 1 -1982 CHEVROLET SEDAN 2G1AL69L5C1205858 32 1 1982 CHEVROLET SEDAN 2G1AL69L6C1217808 33 1 1982 FORD SEDAN 1FABP062XCW183329 34 1 1984 CHEVROLET TRUCK 1GCCT1487E2170597 35 1 1985 CHEVROLET SEDAN lGlBL6960FY178195 36 1 1985 CHEVROLET SEDAN lGlBL6966FY178492 37 1 1985 CHEVROLET SEDAN lGlBL6966FY179254 38 1 1985 CHEVROLET SEDAN lGlBL6963FY179390 39 1 1985 CHEVROLET SEDAN lGlBL6968FY178333 40 1 1985 CHEVROLET SEDAN lGlBL6961FY179288 41 1 1985 CHEVROLET SEDAN lGlBL6960PY179444 42 1 1985 CHEVROLET SEDAN lGlBL6963FY179065 43 1 1985 CHEVROLET SEDAN lGlBL6967FY179067 44 1 1985 FORD AMB. 1FDHS34LXFHB83979 45 1 1985 FORD SEDAN 2FABP43G6FX237225 46 1 1987 FORD SEDAN 2FABP72G3HX125035 47 1 1987 FORD SEDAN 2FABP72GOHX125042 48 1 1981 FORD SEDAN 2FABP72G7HX125040 3 7 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. .. Meeting Date: May 6, 1991 SUBJECT: Tax Refund Requests DEPARTMENT: Assessor's Office PUBLIC HEARING : - Yes X No ATT ACHI'lENT (S) : INFORNiATIOPi CONTACT: Individual. Request TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill -- 968 -4501 Mebane - 227_2031 Durham - 688_7331 PURPOSE: To consider .3 request for property tax refunds. BACKGROUND: General Statutes 105 -381 (b) Action of Governing Body _ Upon receiving a taxpayers of defense and request for release ar refund, the governing statement Taxing Unit shall within 90 d t of the whether the days after receipt of such a reques determine taxpayer has a valid defense to the - thereof and shall either release or refund that posed or any pant that is determined to be in excess of the currentpliability orenotifyt the taxpayer in writing that no release or" refund will be made. ZECOMMENDATION (S) : The manager r s recommendation for each on the individual request. tax refund is stated MAP # 3.23.B.10 TRACT # 301623 ACCOUNT # 2889 BILL # 90 -1107 RATE CODE ._ 0 3 Ashley, W. W• General Delivery Mebane, N.C. 27302 COMMENT: 1982 Ford, Truck preprinted oon t tax islisting form in error. Taxpayer for 1989 and 1990. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. RECOMMENDATION: ORDER: DATE: $24.06 Approve $21.87 $45.93 Refund 1989 and 1990 property tax overpayment. ACTION REQUESTED: - 1990 Total 1989 Valuation: $3,250 $2,750 $21.04 $44.12 GO: $23.08 1.81 Fg .98 .S3 RECOMMENDATION: ORDER: DATE: $24.06 Approve $21.87 $45.93 Barrett, Debra Ann 305 1/2 Brookside Dr. Chapel Hill, NC 27514 MAP # 7 TRACT # ACCOUNT # 108272 BILL # 90 -2032 RATE CODE 22 COMMENT: Request for refund for 1990 car leased by Omni Leasin g on account 117161. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property tax overpayment for 1990 ;GO $80.55 G2 64.36 CH 18.69 RECOMMENDATION: ORDER: DATE: $163.60 Approve 3 MAP # TRACT # ACCOUNT # 8900091 BILL # 8954571 RATE CODE 23 perry, Rosa M. 210 Lakeshore Dr. 27278 Hillsborough, Nc enalized,$100 for failing to list motor vehicle COMMENT: Taxpayer P a refund or in 1989- Letter drseppareview ofr tax grecords for past two release of the penalty- years indicate the following: Has Listed on time each year, but late making payments. REFERENCE: GS 105- 312(hl) ACTION REQUESTED: Refund /Rely se $100 motor vehicle penalty. RECOMMENDATION: ORDER: DATE: Approve 4 1 5 MAP # 7.113.C.21C TRACT # 710298 ACCOUNT # 19030 BILL # 8914610 C RATE CODE 04 Council, Jesse Jr. & Dorothy 404 W. Corbin St. Hillsborough, NC 27278 COMMENT: Identical house listed on two separate parcels. Above referenced tract should be vacant. REFERENCE: G.S.105- 381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property tax overpayment for 1987, 1988, and 1989. Released 1990. Valuation = $42,029 1989 1988 1987 TOTAL GO $294.40 FC 33.62 $271.08 33.62 $254.69 $820.17 CH 74.60 74.60 31.94 69.34 99.18 218.54 $402.62 $379.30 $355.97 $1,137.89 RECOMMENDATION: Approve ORDER: DATE: A Margaret S. Berry 800 Saw Mill Rd. CEdar Grove, NC MAP # 2.34..29B TRACT # 239802 ACCOUNT # 140245 BILL # 902842 RATE CODE 00 COMMENT: Above parcel taxed in dim E l rornact for f� there was nohmobileehome value on a single wide mobile on this tract. REFERENCE: G.S.105- 3811a1(1)b. An illegal tax. ACTION REQUESTED: Refund property tax overpayment for 1989 and 1990 Valuation: $4,000 1989 1990 TOTAL GO $28.40 $30 50 $ 59.00 3.00 FA 1.50 $29.90 $32.10 $62.00 RECOMMENDATION: Approve ORDER: DATE: ORANGE COUNTY HOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE MAY 6, 1991 I . ACTION AGENDA ITEM NO. -� SUBJECT: BID AWARD; DUMPTRUCK DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING _YES _X -NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT: 2650 BID TABULATION PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider awarding a bid for one 25,500 pound GVW Dumptruck with a 14' dump bed. BACKGROUND: Funds were allotted in the 1990 -91 budget for the purchase of one (1) Dumptruck.- Bids were solicited from twelve (12) vendors. Bids were received from three vendors. A tabulation of the bid is attached. UNIVERSITY FORD, INC. of Durham, North Carolina submitted the lowest responsible bid at a delivered cost of $31,984.20. RECOMMENDATION: Award the bid to UNIVERSITY FORD, INC. for a sum of $31,984.20 W W u H w a 0 a 0 w z 0 H H Q a a E-1 A H ❑ O E ❑ w ❑ a a 00 3 Q 4 ti-M J ai 0 w Im H m w u H a A4 ❑ H 5 O ❑ w E~ w c� a as o � O w w � H ❑ El z z H H O 0 FA i rt C'► o° 0 0 _ �r4) � O � � Iz V v NA i pR p f1 Z o v V Li I 'Al i FI O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 Agenda Abstract Item # -D SUBJECT: HILLSBOROUGH HOUSE NUMBERING DEPARTMENT: Planning PUBLIC HEARING: Yes_X_No ATTACHMENT(S): INFORMATION CONTACT: Town of Hillsborough Resolution Planning Director X2592 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider maintaining the Town of Hillsborough's street address system on a temporary basis. The Town of Hillsborough street address system was maintained by the Planning Director. Recently, she resigned to return to her home in Wisconsin. The Town Board has requested that the Orange County Planning & Inspections Department assume this responsibility on a temporary basis until the Town is staffed with a person qualified to assign house numbers or October 1, 1991, whichever comes first. RECOMMENDATION: The Administration recommends approval of the Town's request. These duties can be handled by existing staff in the Information Services Division of the Planning & Inspections Deparyment. F . /5.8.rrk i �t� 101 E. Orange Street L4� fittshorottoll P.O. Box 429 (919) 732 -2104 1111.LS110ROUC11, NORT11 CAROLINA 1 /c RESOLUTION WHEREAS, in a message from Roscoe E. Reeve, Land Records Manager of Orange County, proposed that the origin of--a\11 addresses be vested in the specific unit of Orange County Planning that creates and maintains addresses for the County; and WHEREAS, our Planning Director has been working on a daily basis with Orange County to coordinate addresses; and WHEREAS, our Planning Director has resigned from the Town of Hillsborough and we no longer have a staff member experienced in assigning addressess. temporarily WE, THEREFORE, respectfplly: request the Orange County Planning Department to assign and maintain the Town of Hillsborough's street address system according to the method established in cooperation with Orange County. WE request this valuable street address maintenance and assignment for the Town of Hillsborough by Orange County Planning commence on April 9, 1991 and continue only unt.ii such time as the Town of Hillsborough is staffed with a- person qualified to resume addressing duties, or October 1, 1991, whichever comes first.. 0 010 �pA' PLANNING DIRECTOR'S NOTE: Don Powell, Orange County Planner, has suggested the revisions typed in this elite - style print. M ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 SUBJECT: Alexander vs. Flaherty Resolution ------------------------------- DEPARTMENT: Social Services ATTACHMENT(S): Copy of Resolution 1 Action Agenda Item No--Z-V---A PUBLIC HEARING YES: NO: X INFORMATION CONTACT: Marti Pryor -Cook ext. 2802 TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE; - - - - - -- To approve Alexander vs Flaherty Resolution. The Social Services Board requests that the Orange County Board of County Commissioners approve the attached Resolution. This Resolution strongly encourages all parties involved in the Alexander vs Flaherty court order to renegotiate and modify the most recent consent order in an effort to enhance humane, efficient, and timely service in public assistance programs. RECOM ENDATION(S): Authorize the Chair to sign Resolution for submission to the N.C. Association of County Commissioners, N.C. Department of Human Resources, N.C. Legal Services Resource Center, and the N.C. Association of Social Services Board members. Moses Carey, Jr. Alice M. Cordon Stephen H. HaMotis Verla C. Insko Don Willhoit ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 I'm 4VK439+tll+40 IWOM �11 1 Whereas, the Alexander vs Hill (Flaherty) Court order has been in force for 16+ years with the intent of assuring that applicants for Aid to Families with Dependent Children and Medicaid receive timely determination of eligibility; and, Whereas, the most recent Consent Order and Settlement Agreement signed by Legal Services and the State of North Carolina creates sever fiscal sanctions for Counties that fail to reach a certain point threshold on an arbitrary, process- oriented monitoring mechanism; and, Whereas, the most recent Consent Order and Settlement Agreement focuses on the process of determining eligibility rather than the results, creates unnecessary paperwork, and in effort, slows the eligibility process; and, Whereas, orange County is committed to providing assistance to eligible applicants on a timely, accountable basis, Now, Therefore, be it resolved that the Orange County Board of Commissioners: 1., Request that all parties involved in the Court Order enter into a cooperative effort to renegotiate and modify the most recent Consent Order and Settlement Agreement in a mutual effort to enhance humane, efficient, and timely service; 2. Request that program regulations derived from Federal Law, Court order, and State policy be modified to simplify and speed the eligibility determination process and that any system adopted to monitor that process be designed to measure results rather than process; 3. Declare that Counties should participate as full partners in all future negotiations regarding this matter. YOU COUNT IN ORANGE COUNTY ! 2 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) rw i Copies of this resolution shall be forwarded to the N.C. Association of County Commissioners, N.C. Department of Human Resources, N.C. Legal Services Resource Center, and the N.C. Association of Social Service Board Members. This the 6th day of May, 1991. ATTEST: BY: ORANGE COUNTY, NORTH CAROLINA BY: Beverly A. Blythe Clerk, Orange County Board of Commissioners Moses Carey, Jr. Chair, Orange County Board of Commissioners M ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 1 Action Agenda Item No. =ZV_2 SUBJECT: Older Americans Month and Senior Center Week Proclamations - - ----------------- DEPARTMENT: Aging PUBLIC HEARING YES: X NO: ATTACHMENT(S): Proclamations INFORMATION CONTACT: Jerry Passmore List of Activities Harold Murdock and Norm Gustaveson TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To join federal and state governments in designating the- - month of M_Ar as Older Americans Month, a time to honor our older citizens for their contributions to society. Also, to designate the Week of May 12 through 19th as Senior Center Week, a time to recognize our local senior centers as focal points for providing opportunties and services to our older citizens. BACKGROUND: For a number of years, Orange County Commissioners have issued an Older Americans Month proclamation as well as recognizing Senior Center Week. RECOMMENDATION(S): Approve proclamations and authorize Chair to sign. E ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, jr: 732 -8181 Alice M. Gordon 968 -4501 Stephen H. Halldotis 688 -7331 Verla C.Insko 227 -2031 Don Willhoit 644 -3004 (Fax) PROCLAMATION WHEREAS, According to the latest population figures, there are more than 12,000 persons over 60 years of age in Orange County; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have contributed to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are inspired to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County washes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor. of North Carolina and the President of the United States in PROCLAIMING May, 1991 OLDER AMERICANS MONTH AND, further, do encourage all-citizens to join us in honoring our older Americans. Moses Carey, Chair Orange County Board of Commissioners YOU COUNT IN ORANGE COUNTY I 0 H 3 ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. 732 -8181 Alice M. Cordon ' 968 -4501 Stephen H. Halldotis 688 -7331 Verla C. Insko 1991 227 -2031 Don Wil&it 644 -3004 (Fax) PROCLAMATION WHEREAS Local communities support over 10,000 Senior Centers in the United States, and WHEREAS Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County, and WHEREAS Senior Centers affirm the dignity, self -worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution to the community, and WHEREAS Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become .physically active, mentally challenged, emotionally supported and socially involved, and WHEREAS The month of May has historically been proclaimed Older Americans Month, and communities across the country are giving special recognition to older persons and the role of Senior Centers in serving them, NOW, THEREFORE, I, Moses Carey, Jr., by the authority vested in me, do hereby proclaim the week of May 12 -19, 1991, as: SENIOR CENTER WEEK calling upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the Countv of Orange to be affixed. Chair, Orange County Commissioners YOU COUNT IN ORANGE COUNTY 1 A 4 SENIOR CENTER WEEK PROGRAM HIGHLIGHTS MAY 13 -19 May 13 Creative Arts Class Co-- sponsored with Orange County Recreation and Parks and Durham Technical Community College Time: 9:45 - 11:45a.m. Location: Hillsborough, Chapel Hill and Carrboro Senior Centers May 14 Herbal and Flower Crafts Class Begins May 14, 21, 28 Co- sponsored with Carrboro Parks and Recreation Dept. Time: 9:00 - 11:00a.m. Fee: $16 Location: Carrboro Senior Center May 14 RSVP Luncheon (By invitation only) May 14 Blood Pressure Check Time: 10:30 - 11 :30a.m. Location: Hillsborough Senior Center May 14 Hillsborough Senior Center Garden Club Time: 10:00 - 12:00noon May 15 Special Concert with Bo Newsome, an oboist, in cooperation with the Charles House, Orange County's only adult day care center Time: 10:45a.m. To register call the- Carrboro Senior Center at 967- 8628. May 15 Try Something New Series ... Watercolor Workshop co- sponsored with Carrboro Parks and Recreation Department Time: 1:00 - 5:b0p.m. Fee: $5 (all materials will be supplied) Location: Carrboro Senior Center May 15 Caregivers` Support Group Time: 11:00a.m. - 1:00p.m. Location: Chapel Hill Senior Center May 16 Gaining Insight into your Eyesight Information Program co-- sponsored with Southeastern Eye Center Time: 10 :30a.m. Location: Carrboro Senior Center 5 May 16 Estate Planning Workshop - Wills and Inheritance Taxes Co- sponsored with orange County Extension Service Time: 2:00 - 3:30p.m. Location : Carrboro Senior Center May 17 Chess Group Co- sponsored with Chapel Hill Parks and Recreation Time: 2:00 - 5:OOp.m. Location: Chapel Hill Senior Center May 17 Bowling at Fairlanes Co-- sponsored with Orange County Recreation and Parks Bus departs the Hillsborough Senior Center at 9:OOam and Chapel Hill Senior Center at 9:30am May 18 North Carolina Lacers Gathering Time: 10:00 - 3:OOp.m. Location: Carrboro Senior Center May 19 OPEN HOUSE at the new Chapel Hill Senior Center at the Galleria Time: 2 :00 - 4:00p.m. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. =V- Meeting Date: May 6, 1991 SUBJECT: DISABILITY AWARENESS WEEK ------ - - - - -- --------------------------------- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X --------------------------------- ---------------------------------- ATTACHMENT(S): YES - PROCLAMATION INFORMATION CONTACT: VERLA INSKO TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -10031 PURPOSE: To proclaim May 5- through May 11 as "Disability Awareness Week" in Orange County. BACKGROUND: The past twenty years have produced many improvements for people with disabilities. Our Nation, State, and County have all participated in providing increased opportunities for disabled people. Success has come through the hard work of disabled and non - disabled people joining together to break down barriers while building the chance to live with freedom and independence. This week marks a time when we should stop and evaluate past progress, and set new goals so that equality can be attained. This is a time when each Orange County citizen can examine local businesses, his or her place of employment, and community services for the purposes of ensuring the same opportunities are enjoyed by both disabled and non - disabled members of our County, and further, to advocate for greater accessibility until equal opportunity has been attained for every person having a disability. RECOMMENDATION(S): Read and approve the proclamation and authorize the Chair to sign on behalf of the Board. 2 DISABILITY AWARENESS WEER IN ORANGE COUNTY WHEREAS, we recognize that persons with disabilities are people who also have abilities and talents, and WHEREAS, with mutual respect and reasonable consideration persons with disabilities, mental or physical, can participate in our society to their fullest capacity, and WHEREAS, while Orange County and the State of North Carolina offer many opportunities for individuals with disabilities, much of our citizenry remains unaware of the capabilities and aspirations of persons with disabilities, and WHEREAS, Orange County recognizes that persons with disabilities are a resource we cannot afford to overlook or not use to their highest potential, and WHEREAS, the State of North Carolina has proclaimed May 5 through May 11, 1991 as "Disability Awareness Week ". NOW THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners wish to renew their commitment to take those steps necessary for the full integration of people with disabilities into society by proclaiming May 5 through May 11, 1991 as "DISABILITY AWARENESS WEEK ", and urge all our citizens to participate in activities during this week and become more aware of the needs and capabilities of persons with disabilities. IN WITNESS WHEREOF this 6th day of KaY, 1991- Moses Carey, Jr., Chair ATTEST: Clerk rt y O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 SUBJECT: RESOLUTION -- ENDORSING WATER SAVING DEVICES DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): MEMO FROM JAY BRYAN RESOLUTION Action Agenda Item # Z'V- PUBLIC HEARING: Yes _X —No INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider a request by Jay Bryan, Member, Carrboro Board of Alderman to adopt a resolution requesting that OWASA continue developing policies and measures to conserve the water supply, and requests support in asking OWASA to examine its policies for reducing water consumption and to consider a number of suggestions to accomplish this end. BACKGROUND: Please refer to-attached letter from Alderman Bryan and a resolution adopted by the Carrboro Board of Alderman. RECOMMENDATION: As the Board decides. 1 P.0, Box 337 1 301 West Main Street J Carrboro, North Carolina 27510 919 968 -7700 (919) 942.8541 TOWN OF CARRBORO MEMORANDUM TO: Orange County Board of Commissioners Chapel Hill Town Council FROM: Jay Bryan, Member, Carrboro Board of Aldermen SUBJECT: Resolution Endorsing Water Saving Devices and Requesting OWASA to Adopt Certain Water Conservation Policies DATE: April 10, 1991 COPIES: Carrboro Board of Aldermen At my request, the Carrboro Board of Aldermen at its meeting on March 26, 1991, adopted the attached resolution endorsing water saving devices and requesting OWASA to adopt certain water conservation policies. The resolution requests that OWASA continue developing policies and f measures to conserve the water supply, and requests your support in asking OWASA to examine its policies for reducing water consumption and to consider a number of suggestions to accomplish this end. The Town of Carrboro would like to request that you consider adopting similar resolutions in order that we might conserve our water resources. Thank you for your consideration. Attachment 2, r arrboro N.C. P.O- Box 337 301 West Main Street Carrboro, North Carolina 27510 (919) 968.7700 (919) 942 -8541 The following resolution was introduced by Alderman Jay Bryan and duly seconded by Alderman Jacquelyn Gist. A RESOLUTION ENDORSING WATER SAVING DEVICES AND REQUESTING OWASA TO ADOPT CERTAIN WATER CONSERVATION POLICIES Resolution No. 36/90 -91 WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, there exists other water consumption policies and measures that can assist in reducing water consumption in Carrboro and Orange County, including but not limited to educational programs to increase consumer awareness about water consumption, the modification of water bills to show consumption in gallons per day, encouraging retrofitting of fixtures, the keeping of the records of firefighting and training water usage, street cleaning usage and watering of shrubs and plants by city, county and volunteer fire departments, the keeping of records for water usage or loss due to line breakage and new water line flushing, the keeping of records or estimation of construction water usage, the keeping of records for the university and hospital water usages, improvements in metering of water usage, annual proclamation of water week with other utilities and municipalities to heighten awareness of water as a limited resource, the encouragement of water reducing devices, and the development of long -term plan wastewater reuse, a comprehensive water audit to detect water leaks, the development of a least cost approach to an overall water demand management plan for OWASA's customers, and the publication of per - capita consumption figures to make the trends available to the public; and 9 4 Page Two Resolution No. 36/90 -91 WHEREAS, the Board of Aldermen supports these measures and policies to reduce water consumption in Carrboro and Orange County. NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO RESOLVES: Section 1. For the above- stated reasons, the Board of Aldermen supports the continued development by OWASA of policies and measures as described above. Section 2. The Board of Aldermen asks the OWASA Board to examine its policies and measures for reducing water consumption and determine if the measures and policies outlined above are part of its plan, and if not, determine if such policies and measures, as well as others that may be developed, are appropriate and should be enacted for its service area. Section 3. Copies of this resolution shall be sent to the Orange County Board of Commissioners and the Chapel Hill Town Council. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 26th day of March, 1991: Ayes: Randy Marshall, Tom Gurganus, Hilliard Caldwell, Eleanor Kinnaird,'Frances Shetley, Jacquelyn Gist, Jay Bryan Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting held on March 26, 1991. h �pvr.�• {�•rur. �T AL own Clerk - • 4 wy•ji ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 RECOMMENDATION: As the Board decides. Action Agenda Item # _-X=Y SUBJECT: RESOLUTION -- SUPPORT OF WATER SAVING DEVICES DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No INFORMATION CONTACT: ATTACHMENT(S): MANAGER'S OFFICE, EXTENSION 2300 MEMO FROM JAY BRYAN RESOLUTION TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider a request by Jay Bryan, Member, Carrboro Board of Alderman to adopt a resolution asking the N. C. State Building Code Council to allow advanced water saving fixtures for reducing water consumption to be used in existing and newly constructed building and houses under the N. C. State Building Code. BACKGROUND: Please refer to attached letter from Alderman Bryan and a resolution adopted by the Carrboro Board of Alderman. RECOMMENDATION: As the Board decides. P.O. Box 337 301 West Main Street of Carrboro, North Carolina 27510 (919) 968 -7700 (919) 942.8541 TOWN OF CARRBORO TO: Orange County Board of Commissioners Chapel Hill Town Council Durham City Council Durham County Commissioners Pittsboro Town Council Triangle J Council of Governments FROM: Jay Bryan, Member, Carrboro Board of Aldermen SUBJECT: Request for Support of Water Saving Devices and Requesting the N.C. State Building Code Council to Allow Advanced Water Saving Fixtures under the N.C. State Building Code DATE: April 10, 1991 COPIES: Carrboro Board of Aldermen ------------------------------------------------------------------- At my request, the Carrboro Board,of Aldermen at its meeting held on March 26, 1991, adopted the attached resolution endorsing water saving devices and asking for approval by the North Carolina Building Code Council. This resolution requests your support for the continued development of advanced water saving fixtures and retrofit devices in old and new construction in the State of North Carolina. In addition, the resolution requests asks that you join with other local jurisdictions in asking the N.C. State Building Code Council to allow advanced water saving fixtures for reducing water consumption to be used in existing and newly constructed buildings and homes under the N.C. State Building Code. The Town of Carrboro requests that you consider offering your support in this matter in order that we might preserve the environment and conserve our water resources. Thank you for your consideration. tt [:a rboro N.C. P.O. Box 337 301 West Main Street Carrboro, North Carolina 27510 (919) 968.7700 (919) 942.8541 The following resolution was introduced by Alderman. Jay Bryan and duly seconded by Alderman Tom Gurganus. A RESOLUTION ENDORSING WATER SAVING DEVICES AND ASKING FOR APPROVAL BY THE NORTH CAROLINA BUILDING CODE COUNCIL Resolution No. 37/90 -91 WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, water conservation results in specific savings on sewage treatment costs and on water supply projects and reservoir planning; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used -to upgrade existing commercial buildings, single - family homes and multi- family housing and significantly reduce water consumption; and WHEREAS, even though local ordinances can be amended to require advanced water saving fixtures in new construction and retrofit devices for upgrading the water use by shower heads, faucets and toilets in older buildings, it appears that such requirements may need approval by the N.C. State Building Code Council for inclusion in the N.C. State Building Code; and WHEREAS, the Board of Aldermen wishes to consider making changes to the town's ordinance regarding advanced water saving fixtures for new construction and retrofit devices for upgrading the water used by shower heads, faucets and toilets in older buildings, and to petition and ask the N.C. State Building Code Council to allow such fixtures and retrofit devices under the N.C. State Building Code. NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO RESOLVES: Section 1. For the above - stated reasons, the Board of Aldermen supports the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace. Page Two =_ Resolution No. 37/90 -91 Section 2. The Board of Aldermen asks the Orange County Board of Commissioners, the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham. County Board of Commissioners, the Pittsboro Town Council, and the Triangle J Council of Governments to support the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads; faucets and toilets as well as their use in the marketplace, and in old and new construction in the State of North Carolina. Section 3. The Board of Aldermen asks the Orange County Board of Commissioners, the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham County Board of Commissioners, the Pittsboro Town Council, the Orange Water and Sewer Authority, and the Triangle J Council of Governments to join with them in petitioning and asking the N.C. State Building Code Council to allow advanced water saving fixtures, such as 1 and 1.5 gallon flush toilets, 2- gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, as well as retrofit, water saving devices, for reducing water consumption to be used in existing and newly constructed buildings and homes, under the N.C. State Building Code. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 26th day of March, 1991: Ayes: Randy Marshall, Tom Gurganus, Hilliard Caldwell, Eleanor Kinnaird, Frances Shetley, Jacquelyn Gist, Jay Bryan Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting held on March 26, 1991. EAt r a Town Clerk ° + °,�O'�•' ' A% n 0 4 A' 4 ti O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 1 Action Agenda Item # Vi -A - I SUBJECT: PROPOSED 1991 -92 SECONDARY ROAD IMPROVEMENTS PROGRAM DEPARTMENT: PLANNING PUBLIC HEARING -X -Yes No ATTACHMENTS): INFORMATION CONTACT: Planning Director - Extension 2592 - 4 -5 -91 Letter from Division Engineer - 1991 -92 Proposed Secondary TELEPHONE NUMBERS: Road Improvements Program Hillsborough - 732 -8181 - 1991 -92 Secondary Roads Durham - 688 -7331 Priority Lists Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: Consideration of the proposed North Carolina Department of Transportation (NCDOT) 1991 -92 Secondary Road Improvements Program and receipt of citizen comment regarding same. BACKGROUND: NCDOT is required by law to post the County map in the Orange County Courthouse showing proposed annual secondary road improvement projects and to hold a public hearing jointly with the Board of Commissioners on the proposed program. RECOMMENDATION: Approval of the 1991 -92 Secondary Road Improvements Program. JAMES G. MARTIN GOVERNOR THOMAS J. HARRELSON SECRETARY STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. O. BOX 14996 Greensboro, NC 27415 -4996 April 5, 1991 Mr. Moses Carey, Chairman Orange County Commissioners 344 Warren Way Chapel Hill, NC 27514 Dear Mr. Carey: 2 DIVISION OF HIGHWAYS WILLIAM G. MARLEY, JR., P.E. STATE HIGHWAY ADMINISTRATOR Attached is the proposed 1991 -92 Secondary Road Construction Program for Orange. County. Please make this information available to the other Commissioners. We are looking forward to meeting with the County Commissioners on May 6, 1991. sincerely, W. Watkins DIVISION ENGINEER JWW /gm Atta. cc: Mr. Charles G. Lowdermilk Mr. Dave Phillips Mr. John M. Link, Jr. Mrs. Beverly Blythe Mr. E. M. Cowan An Equal Opportunity /Affirmative Action Employer ORANGE COUNTY PROPOSED 1991 -92 SECONDARY ROAD IMPROVEMENT PROGRAM 1991 -92 SECONDARY ALLOCATION (Anticipated) MAP PRIORITY SR NO. NO. NO. NAME AND DESCRIPTION Paving Rural Unpaved Roads 1 1A 1791 Mt. Moriah Road from SR 1734 to- Durham Co. 2 19 1341B Harmony Church Road from SR 1339 to SR 1343 3 19A 1540 Hunt Road from SR 1548 to SR 1541 4 20 1340B High Rock Road from SR 1341 to SR 1343 1 of 3 $1,423,213 ESTIMATED LENGTH COST 0.75 $85,008 2.30 $260,691 2.00 $226,688 2.10 $238,022 Total Rural Road Paving 7.15 $810,409 3 MAP PRIORITY SR ESTIMATED NO. NO. NO. NAME IAND DESCRIPTION LENGTH COST 5 13 6 14 7 15 8 1 9 1 10 1 11 1 12 13 14 15 16 17 18 2 of 3 2 Paving Subdivision /Residential Unpaved Roads 1896 Purefoy Drive from 0.35 $35,703 SR 1729 to Dead End 1395M Harper Road 1.2.5 $127,512 1396 L Locust Street 1397 T Tulip Tree Road 1409 C Cleo Court 1385M F Fox Trail 0 0.35 1386 P Ponderosa Trail 1401 M Mildred Court 21 1206 King Edwards Road from 0.25 Dead End off 1162 to Dead End 22 1325 N. Oak Street from 0.20 US 70 to Dead End 23 1309 Shambley Service Sta. Road 0.73 from US 70 to SR 1394 24 2002M Wave Road 0.35 2003 No Name 25 1586M Carolina Loop Road 0.75 1587 Carolina Loop Road 1559 First Street 27 1613 Quail Hollow 0.10 from SR 1593 to Dead End . $35,703 $10,201 $25,502 $45,904 $40,804 $16,322 $25,502 $20,402 $74,467 $35,703 $76,507 $10,201 Total Subdivision /Residential Paving 5.69 $580,433 4 $35,703 $10,201 $25,502 $45,904 $40,804 $16,322 $25,502 $20,402 $74,467 $35,703 $76,507 $10,201 Total Subdivision /Residential Paving 5.69 $580,433 4 5 Contingency to be used for Cost Overruns, $32,371 Minor Safety Improvements, Addition to System, Paving and Maintenance of Rural Fire Department Drives and Property Owner Participation Note: If Right of Way is not available on the above unpaved roads the funds will be programed on other roads in the order of priority or applied on Property owner Participation Paving. 3 of 3 CO50SRP1/04 -02 -91 2 s 0 N c 0 u N T y p --m W i �l C 0 i u N T y 2 s 0 N c 0 u N T y p --m 7 FOREST u. - a - •-- --•--- - S I CHAPEL LL \ + CARII eo •cr s,sy f 'dE t I ff � � 3 � f, u,rs e- r ,. � ' m l ode / •`��� I� I I 0 AIIIIIIIIIIIIIII w Q x W H � V Q Z Q � b a Q x �� pz Z Fo m o .� o Q V 1° ";Ho a V 'z Z d iV Z Zo ?rl -t w W o s= z W O H 25 a O z i k IiV 3 e �0 u � u � Z b � 4k aRAWA go i L Q W m N C A] ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 Action Agenda Item # V jL -% -� SUBJECT: YOUTH SYMPOSIUM FINAL REPORT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes —X —No ATTACHMENT(S): INFORMATION CONTACT: YOUTH SYMPOSIUM FINAL REPORT MANAGER'S OFFICE, EXTENSION 2300 (UNDER SEPARATE COVER) TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To present a final report on the 1988 Symposium for Services for Youth. 1 BACKGROUND: The Symposium on Services for Youth, sponsored by the Board of County Commissioners, was held on November 5, 1988. An implementation plan, addressing the Symposium's recommendations, was approved by the Board in spring 1989. A report on the status of the recommendations was presented to the Board on November 20, 1990. This final report, which addresses each recommendation that can be addressed, completes one cycle of implementation and lays the foundation for the next phase. The Youth Symposium raised the community visibility of youth concerns, encouraged increased collaboration among youth services providers, and promoted a number of significant new initiatives. The departments, agencies and school systems that have taken these inititiative are to be commended for their efforts in responding to the needs addressed by the Symposium. This final report reflects several months of discussion with community leaders and youth services providers in local government, the two school systems, and non - departmental agencies. The report includes each recommendation made by the Symposium participants, and briefly addresses the progress that has been made on each recommendation. Ra Highlights of the attached report include: - -Hired a county management assistant with youth coordination as a job component. -- Sponsored a 1989 Forum on Poverty in Orange County which increased understanding, fostered dialogue, and developed a plan of action to reduce poverty conditions. - -Hired drop -out prevention /at -risk coordinators in both school systems. -- Instituted Tech Prep programs which strengthen the vocational educational curriculum in both school systems. -- Strengthened parental involvement in the schools through advisory councils and parenting workshops. -- Expanded teen programming by both county and municipal recreation and parks departments. -- Implemented the Job Opportunities and Basic Skills Program, including adolescent females in its targeted approach of providing job skill/ training opportunities. -- Developed inter- agency teen support groups for troubled teens. -- Increased access to many existing services with additional days and expanded hours. Several recommendations address needs which require long -term efforts. The management assistant will continue to use this report as a working document in addressing youth needs. Copies of this report have been sent to key youth services providers. I am planning a meeting following Board review of this report to review progress that has been made and to- discuss the development of coordination mechanisms to promote further comunication and collaboration among youth services providers. Components include the development of a youth services directory and newsletter, a brochure for teens and their families, and workshops. RECOMMENDATION: Accept final report as working document to guide county staff in continuing to coordinate and improve youth services. Y } I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. VIT'-B Meeting Date: MAY 6, 1991 SUBJECT: OWASA QUARTERLY REPORT --------------- - - -- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): YES - REPORT INFORMATION CONTACT: MOSES CAREY,JR. TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill - 968 -5601 Durham - 688 -7331 Mebane - 227 -2031 ---------------------------------------------------w------------------- PURPOSE: To give the Board a report from the OWASA Board of Directors for January through March, 1991. BACKGROUND: During the Goal Setting Retreat in December, 1990, the Board of Commissioners requested that the OWASA Board of Directors be asked to submit a quarterly report to the County Commissioners. This report will help the County Commissioners identify any areas or issues that may have policy implications for the County. The report has been included as an attachment. A representative from the OWASA Board of Directors will be present to answer any questions the Board may have. RECOMMENDATION(S): Accept the report as information. REPORT TO ORANGE COUNTY BOARD OF COMMISSIONERS : April 1, 1991 Wastewater Treatment Recently completed major improvements to the Mason Farm Wastewater Treatment Plant . . . OWASA's patented process for removing phosphorus has been permanently installed . . . consistently producing an effluent with less than 1 part per million phosphorus. The process is entirely biological, and requires no addition of expensive chemicals. The resulting sludge contains higher amounts of phosphorus than before . . . hence, the copyrighted name "Nutrified Sludge." In .response to numerous inquiries from across the country and around the world, OWASA is currently testing the market for this patented process. Our sludge program ("Agricultural Nutrients Recycling Program ") continues to be successful and popular with farmers in Orange County. We continue to receive inquiries and requests for nutrified sludge as a valuable fertilizer and soil supplement. Under the new OWASA process, phosphorus and nitrogen in the sludge is higher than before, making it even more attractive as a commercial fertilizer substitute. Speaking of recycling, another improvement at the wastewater Plant has been the installation of a .large air compressor powered by methane, which is produced -in the treatment process. Using this "waste material" as a fuel substantially reduces our electrical consumption at the wastewater plant.- Another recycling function was the installation of equipment to use treated wastewater — instead of potable water — to cool and lubricate bearings on large pumps at the plant. The treatment plant is receiving more and more loads of septage, as more and more citizens become aware of the need to pump their septic tanks regularly. And most importantly, the Mason Farm Wastewater Plant continues to meet all water quality standards for Morgan Creek and Jordan Lake. Water Treatment We recently completed construction of a 30 —inch raw water main from the Stone Quarry on Highway 54 all the way to our water plant in Carrboro. This extends the existing line from Cane Creek, and provides important flexibility and backup protection in case the University Lake supply has to be shut down for maintenance, or in the event of contamination. Major improvements to the water plant were also completed during the past year. We now have the capacity to treat more than 12 million gallons of water a day. Last summer's peak day demand was 10.5. The recent plant expansion incorporates an innovative "upflow clarifier" treatment technology, and now provides two parallel treatment trains that allow us to treat two separate sources — University Lake and Cane Creek — with separate processes, if necessary. Current studies and proposed additional work at the water plant should provide a capacity of 15 MGD. As at the wastewater plant, our water plant continues to satisfy all state and federal water supply standards. And speaking of water supply . . . You may recall during the past Year that OWASA held a series of discussions with the Hillsborough Board of Commissioners about extending the water sales agreement in order to supplement Hillsborough's water supply while they develop an additional source. Those discussions are currently on hold, pending further interest from Hillsborough. Watershed Protection Last month the OWASA Board adopted a comprehensive policy on watershed protection. This statement includes 10 specific elements that the Authority intends to sustain in its watershed management program. One of these is the continuation of a Critical Lands Acquisition Program that was initiated in the current budget. The Board allocated $100,000 for purchasing land in the Cane Creek and University Lake watersheds, and plans to accumulate an additional $100,000 each year for this purpose. 3 f' Just within the past several weeks, we completed the purchase of an important parcel adjacent to the Cane Creek Reservoir. As we discussed with the Chapel Hill Town Council an February 6, a special study of the Cane Creek watershed is programmed in our- Capital Budget for FY 93. We expect to begin discussions and planning for that project during the coming year. The Board is also considering the most appropriate scale of recreational facilities for the Cane Creek Reservoir. We are mindful of the County's Parks and Recreation Master Plan, and expect to cooperate in areas of mutual interest. In the meantime, I want to personally extend an invitation to all of you to tour Cane Creek. I have instructed our Executive Director to work with the County Manager to make necessary arrangements. Budget As you well know, the Rites of Spring include the local budget process. OWASA is looking at $30 million dollars of capital improvements over the next five years. The largest ones include major expansions of both the water and wastewater treatment plants. Due to the continuing need for large capital investments to meet growth and regulatory requirements, we'll probably need a modest rate increase during the. next year. A more definite determination will emerge as our operating -and capital budgets are finalized during the next two months. I'll be glad to answer any questions or comments you may have. I ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MAY 6, 1991 SUBJECT: OWASA QUARTERLY REPORT DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X -- - - - - -- ------------------- -- - -- ----- � - ATTACHMENT(S): YES - REPORT INFORMATION CONTACT: MOSES CAREY JR. TELEPHONE NUMBER - Hilisborough - 732 -8181 Chapel Hill - 968 -5401 Durham 688 -7331 Mebane - 227 -2031 PURPOSE: To give the Board a- report -from the - OWASA Board of Directors for January through March, 1991. BACKGROUND: During the Goal Setting Retreat in December, 1990, the Board of Commissioners requested that the OWASA Board of Directors be asked to submit a quarterly report to the County Commissioners. This report will help the County Commissioners identify any areas or issues that may have policy implications for the County. The report has been included as an attachment. A representative from the OWASA Board of Directors will be present to answer any questions the Board may have. RECOMMENDATIQN(S): Accept the report as information. I 2... REPORT TO ORANGE COUNTY BOARD OF COMMISSIONERS r April 1, 1991 Wastewater Treatment Recently completed major improvements to the Mason Farm Wastewater Treatment Plant . . . OWASA'"s patented process for removing phosphorus has been permanently installed . . . consistently producing an effluent with less than 1 part per million phosphorus. The process is entirely biological, and requires no addition of expensive chemicals. The resulting sludge contains higher amounts of phosphorus than before . . . hence, the copyrighted name "Nutrified Sludge." In :response to numerous inquiries from across the country and around the world, OWASA is currently testing the market for this patented process. Our sludge program ( "Agricultural Nutrients Recycling Program ") continues to be successful and popular with farmers in Orange County. We continue to receive inquiries and requests for nutrified sludge as a valuable fertilizer and sail supplement. Under the new OWASA process, phosphorus and nitrogen in the sludge is higher than before, making it even more attractive as a commercial fertilizer substitute. Speaking of recycling, another improvement at the wastewater plant has been the installation of a large air compressor powered by methane, which is produced.in the treatment process. Using this "waste material" as a fuel substantially reduces our electrical consumption at the wastewater plant., Another recycling function was the installation of equipment to use treated wastewater — instead of potable water -- to cool and lubricate bearings an large pumps at the plant. The treatment plant is receiving more and more loads of septage, as more and more citizens become aware of the need to pump their septic tanks regularly. And most importantly, the Mason Farm Wastewater Plant continues to meet all water quality standards for Morgan Creek and Jordan Lake. Y - ' Water Treatment We recently completed construction of a 30 -inch raw water main from the Stone Quarry an Highway 54 all the way to our water plant in Carrboro. This extends the existing line from Cane Creek, and provides important flexibility and backup protection in case the University Lake supply has to be shut down for maintenance, or in the event of contamination. Major improvements to the water plant were also completed during the past year. We now have the capacity to treat more than 12 million gallons of water a day. Last summer's peak day demand was 10.5. The recent plant expansion incorporates an innovative 1, upflow clarifier" treatment technology, and now provides two parallel treatment trains that allow us to treat two separate sources - University Lake and Cane Creek - with separate processes, if necessary. Current studies and proposed additional work at the water plant should provide a capacity of 15 MGD. As at the wastewater plant, our water plant continues to satisfy all state and federal water supply standards. And speaking of water supply . . . You may recall during the past year that OWASA held a series of discussions with the Hillsborough Board of Commissioners about extending the water sales agreement in order to supplement Hillsborough's water supply while they develop an additional source. Those discussions are currently on hold, pending further interest from Hillsborough. Watershed Protection Last month the OWASA Board adopted a comprehensive policy on watershed protection. This statement includes 10 specific elements that the Authority intends to sustain in its watershed management program. One of these is the continuation of a Critical Lands Acquisition Program that was initiated in the current budget. The Board allocated $100,000 for purchasing land in the Cane Creek and University Lake watersheds, and plans to accumulate an additional $1001000 each year for this purpose. Just within the past several weeks, we completed the purchase of an_. important parcel adjacent to the Cane Creek Reservoir. As we discussed with the Chapel Hill Town Council on February 6, a special study of the Cane Creek watershed is programmed in our Capital Budget for FY 93. We expect to begin discussions and planning for that project during the coming year. The Board is also considering the most appropriate scale of recreational facilities for the Cane Creek Reservoir. We are mindful of the County's Parks and Recreation Master Plan, and expect to cooperate in areas of mutual interest. In the meantime, I want to personally extend an invitation to all of you to tour Cane Creek. I have instructed our Executive Director, to work with the County Manager, to make necessary arrangements. Budget As you well know, the Rites of Spring include the local budget process. QWASA is looking at 530 million dollars of capital improverments over the next five years. The largest ones include major, expansions of both the water and wastewater treatment plants. Due to the continuing need for large capital investments to meet growth and regulatory requirements, we'll probably need a modest rate increase during the next .year. A more definite determination will emerge as our operating-and capital budgets are finalized during the next two months. I'll be glad to answer any questions or comments you may have. 1 O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 6 1991 SUBJECT: DCHC TRANSPORTATION ADVISORY COMMITTEE REPORT DEPARTMENT: PLANNING ATTACHMENT(S): - Revised TAC Roster - 3 -13 -91 memo and attachments to Dr. Alice Gordon - Revised funding schedule for Regional Bicycle Plan Action Agenda Item # VZI- PUBLIC HEARING Yes _x—No INFORMATION CONTACT: Gene Bell Ext. 2589 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 --9251 PURPOSE: To report the results of the April 24, 1991 meeting of the Durham - Chapel Hill- Carrboro (DCHC) Urban Area Transportation Advisory Committee (TAC) meeting. BACKGROUND: There were two items of particular interest to Orange County considered at the TAC meeting. These were action on Orange County's TIP request and an update on the status of the proposed Regional Bicycle Plan. The major item of interest on the County's TIP request was withholding endorsement of widening US 15 -501 (Project R -942) from Morgan Creek to the Chatham County line until such time as equal consideration was given to a connector road from US 15 -501 to I -40. The Chapel Hill Town Council had also requested that the project be removed from the TIP until the connector issue was addressed. Other TAC members and DOT staff expressed concern at the removal of the project stating that funding might be forever lost if the project was removed. A compromise was finally reached wherein the TAC voted unanimously to request that the State Board of Transportation move all actions related to R--942 back a year on the funding schedule. During this time, Chapel Hill,. Orange County, Chatham County, and DOT representatives will attempt to reach a compromise. The second item of interest from the County's TIP request was stormwater best management practices (BMPs) along Orange County's Interstate corridors 2. inside WS -ITI or higher watersheds. There were assurances from DOT staff and the representative from the Federal Highway Administration that such practices were being,followed along the interstates. A follow - up phone call for clarification to DOT indicated that such practices were instituted primarily during construction, but that permanent BMPs such as those discussed in the CDM study were not the norm. An inquiry is being made to the Design Branch of NCDOT to see if any permanent BMPs have been incorporated into Project 2 -304 (eight- laning I -85) or if new watershed standards from the Division of Environmental Management might require same. The final Orange County TIP item was project R -2538, Feasibility Study on Widening N.C. 54. The TAC voted unanimously to support the County's request that it be removed from the TIP. In reference to a Regional Bicycle Plan for Orange and Durham Counties, the TAC has previously approved solicitation of consultant proposals. It was originally thought the project would cost about $30,000 and a funding plan was developed for DCHC local governments considering participation in the project. The original funding distribution had Orange Contributing $5,167.50. The Town of Carrboro has since declined to participate, thus increasing the County's share to $6,025. Two consultant proposals have been received and the cost /estimated hours on both greatly exceed $30,000. The current plan is to meet with both consultants to be sure they understand what was being asked for in the request for proposals and to see if there is room for negotiation in terms of total project cost. The attached memo to Dr. Gordon details Planning Staff actions on the proposal to date. RECOMMENDATION: Receive as information. DK9:5- 6TAC.DOC u TRANSPORTATION ADVISORY COMMITTEE MEMBERSHIP Revised April 17, 1991 VOTING MEMBERS: Ms. Virginia Engelhard Durham City Council Member 3217 Rowena Avenue Durham, N.C. 27703 596 -7428 (Home) Ms. Rebecca Heron TAC Chairman Durham County Commissioner 4425 Kerley Road Durham, N.C. 27705 489 -4402 (Home) Ms. Sandy Ogburn Durham City Council Member 3518 Sheridan Drive Durham, N. C. 27707 489 -6247 Dr. Alice Gordon orange county commissioner 282 Edgewood Drive.. Chapel Hill, N.C. 27514 933--0550 Mayor Jonathan Howes TAC Vice - Chairman Mayor, Town of Chapel Hill 306 N. Columbia Street Chapel Hill, N.C. 27516 968 -2714 (Mayor's Office) Mayor Eleanor Kinnaird Mayor, Town of Carrboro 207 W. Poplar Avenue Carrboro, N.C. 27510 942 -8541 (Mayor's Office) Mr. Tom Darden Board of Transportation Member Cherokee Sanford Group 1600 Colon Road Sanford, N.C. 27330 755 -2121 0 3 4 ALTERNATE MEMBERS (VOTING ONLY IN THE ABSENCE OF THE APPOINTED REPRESENTATIVE) Ms. Joyce Brown 215 -A Vance Street Chapel Hill, N. C. 27516 929 -7781 (ALTERNATE FROM CHAPEL HILL) Mr. Moses Carey, Jr. Acting Chairman, Orange County Commissioner 102 Warren Way Chapel Hill, N.C. 27516 942 -8741 (ALTERNATE FROM ORANGE COUNTY) Ms. Ellen Reckhow 2917 Wade Road Durham, N.C. 27705 489 -8984 (ALTERNATE FROM DURHAM COUNTY) Dr. Ronald Rohadfox, P.E. N.C. Board of Transportation Construction Control Servies P.O. BOX 1808 Durham, N.C. 27702 682 -5741 (ALTERNATE FROM THE N. C. BOARD OF TRANSPORTATION) Ms. Frances Shetley Rt. 11, Box 330 Chapel Hill, N. C. 27516 942 -5773 (ALTERNATE FROM CARRBORO) ADVISORY MEMBERS: Mr. Nicholas L. Graf Division Administrator Federal Highway Administration 4505 Falls of the Neuse Road Raleigh, N.C. 27609 856 -4346 (Work) Ms. Mary Hayes Holmes Chatham County Commissioner Rt. 6, Box 34 Pittsboro, N. C. 27312 542 -2830 dV 5 (ADVISORY MEMBERS CONTINUED) Ms. Shirley Marshall Triangle Transit Authority 707 E. Franklin Street Chapel Hill, N.C. 27516 Mr. James O. Roberson President Research Triangle Foundation of N.C. P. O. Box 12255 Research Triangle Park, N. C. 27709 5498181 Mr. Robert Smith Assistant vice - Chancellor for Business N. C. Central University P. O. Box 19781 Durham, N. C. 27707 560 -6110 ORANGE COUNTY PLANNING DEPARTMENT 6 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 • I M E M O R A N D U M TO: Dr. Alice Gordon, County Commissioner FROM: Gene Hell, Planner III G ,e RE: Regional Bicycle Plan DATE: March 13, 1991 The purpose of this memo is to provide further clarification on the Regional Bicycle Plan proposal being considered by the Transportation Advisory Committee (TAC) of the Durham - Chapel Hill - Carrboro (DCHC) metropolitan planning organization. As you may recall from the TAC meeting on February 20, I raised some questions as to the geographic coverage of the plan. There was initially some question as to whether it would cover all of Orange County or only the DCHC portion. Mark Ahrendsen, Transportation Systems Engineer for the City of Durham, has since indicated that coverage would be county -wide. The plan would be prepared by a consultant at an estimated cost of $30,000. A Request for Proposals (RFP) has been developed soliciting consultant services (attached). A proposed funding arrangement was voted on by the TAC on November 21, 1990 (Orange County's share would be $5,167.50). -Moses Carey, Orange County's delegate to the TAC at that time, seconded the funding proposal, and it was passed unanimously (minutes attached). I have tentatively requested that Orange County's share of the project be included in the Planning Department 1991 -92 budget. In consideration of this request, there are several points I wish to reiterate. First, the Town of Carrboro announced on February 20 that it would not be participating financially in the plan, thus, potentially increasing the amount Orange County might be asked to contribute. Second, the major focus of the plan (approximately 80 %) will be on education and enforcement as opposed to developing a system of bikeways. Finally, the portion of the plan dealing with bikeways will focus mainly on existing bicycle route plans and promoting regional connectivity among them. There will be some limited focus on defining bikeways for areas that don't currently have them. while the plan as proposed would offer benefits to Orange County, I want to be sure we are getting the most for our consultant dollar and that our most pressing needs in terms of bicycle planning are being met. I realize you are probably aware of everything I have covered in this memo. However, as the new Orange County delegate to the TAC, I wanted to be sure that you had the benefit of everything I currently know about the project. cc: Moses Carey, BOCC Chair John Link, County Manager Marvin Collins, Planning Director Chris Best, TAS Chair DK9:AGBIKE.DOC 7 8 Y TRANSPORTATION ADVISORY COymITTEE November 21, 1990 MINUTES OF MEETING The Transportation Advisory Committee met on November 21, 1990 the second floor of Durham at 9:00 a.m. in the Committee Room on City Hall. The following attended: Chapel Hill Town Council. (Alternate) *Joyce Brown Jr. Orange County Board of Commissioners *Moses Carey, *Virginia Engelhard Durham County Board of Commissioners /TAC *Becky Heron . Chairperson Chapel- Hill Town Council /TAC Vice - *Jonathan Howes Chairman *Sandy Ogburn Durham City Council N.C. Board of Transportation *Nancy Rand Mark Ahrendsen City of Durham /Dept. of Transportation Transportation Dianne Aldridge City of Durham /Dept. of Donna,Bell orange County Town of Chapel Hill David Bonk Sarah Burdick Town of Carrboro Transportation /Parking Jahn Gardner UNC City of Durham /Dept. of Transportation Mary Hough UNC Transportation /Parking Patsy King City of Durham /Dept. of Transportation Joyce P. Manning Blake Norwood NCDOT City of Durham /Dept. of Transportation Wesley Parham City,of Durham /Dept. of Transportation Owen Synan FHWA J. Max Tate Citizen Mike Waldroup Edith Wooten CRASH Diane Zimmerman NCDOT Jonathan Howes, TAC'Vice- Chairman, brought the meeting to order. APPROVAL -OF MEETING There was some discussion concerning the accuracy of the members listed in attendance 'in the meeting ninutes- . 3onatt:nan Howes requested that the minutes reflect that Becky Brron and Ellen Reckhow were in attendance at the _September 12, 1990 meeting.* Moses Carey made a motion to approve the minutes of the September 12, 1990 meeting. Joyce Brown seconded the motion. The vale passed unanimously. *Note to minutes: Dpon further investigation it was determined that Becky Heron and Ellen Reckhow were not in attendance at the September 12, 1990 meeting. L•] TAC MINUTES Page 2 REGIONAL BICYCLE PLAN: Each jurisdiction gave an update on local bicycle facilities planning. Sarah Burdick discussed the Town of Carrboro's bicycle plans from a map she presented. Carrboro also has unofficial bike paths which are heavily used. David Bonk discussed the Town of Chapel Hill's bikeway concept plans. The Chapel Hill bike plan is predicated on the assumption that community needs are accommodated. The plan also focuses on creating a system that will encourage commuters to use bicycles for work trips. Vonda Frantz discussed Durham County's bicycle plans from a map and handout which she presented. She indicated that a comprehensive program is needed for the bicycle plan' consisting of enforcement and education planning. Mar}: Ahrendsen discussed the TCC's revised recommendations for the bicycle plan. The recommendation of the TAC on September 12, 1990 was to request a proposal for the 'bicycle plan and for each jurisdiction to share the cost of $30,000 - $35,000 equally. This amount was based.. on a - preliminary proposal submitted by the Pro Bike Group. At the TAC meeting in October concerns were expressed e consultant, funding distribution, the about the selection of thu timing schedule of the study, and the contractual agreement. The TCC reviewed those concerns and recommended that the TAC endorse the RFP submitted by Pro Bike and select a funding distribution formula. After consulting with the NCDOT bicycle staff and attending a bicycle workshop held in Raleigh, the TCC felt that Pro Bike Group had the expertise to do the study and should 'wherefore be selected as the consultant: Upon selecting .and endorsing a distribution• formula, each jurisdiction will be responsible for budgeting their_ share of the costs in their respective local budgets for fiscal year 1991 -92. once local budgets are approved by June 30, 1991, interlocal agreements between the City of Durham and each of the four other jurisdictions must be completed. Subsequently, the City of Durham will execute an agreement with the Pro.Bike to begin the study. Dark Abrendsen presented three funding distrbution formulas- The options on funding distribution offered were: equally sharing the study_ costs among the five jurisdictions (20% each) ; distributing the costs by jurisd.ictional•population; or a split arrangement by which 501k. of the costs are split- equally and 5oe are split according to pcpulatiOr,- P copy c` the a� terr-.ative f•�nding distribution formulas is at;.ached) . Sandy ogburn raised a question on NCDOT's role in bicycle planning. 10 TAC MINUTES Page 3 Vonda Frantz stated that the State bicy cle ram is concentrating Program I regional projects, street facilities, education and enforcement., for the Mark Ahrendsen commented th to b e$30,000- g Becky�Heron nas} ed how bicycle project is estimated population weighted funding shares the combined equal share and will be determined? Mark ill b split based on population ways and the remaining $15,000 w Wesley Parham.commented that under all three arrangements the City Y of Durham would bear costs t onathose costs lwould be related due to the consultant costs. The developing and administrative role which city staff will administering the executing the required inter -local ag in consulting contract, and serving as the responsible lead agency ant. 'The erhead costs were not indicated overseeing plan developm in the funding scenarios presen e Upon discussion by, TAC members on haw ested the combined equal arrangement equitably, Jonathan Howes sugg share /population arrangement with the Town of Chapel Hill the elead the administrative costs of the process by serving contracting agency. Nancy Rand made a motion to adopt the combined equal share/ the population distribution formu la with a the second a the em tiara as The lead contracting agency - Mvs es Y vote passed unanimously. & ACTION AGENDA' ..� the joint David Bonk commented that the Action Agenda el° Hill- Carrboro and TAC included a provision that•the Durham -Chap the Greater Raleigh TAC review and endorse ,the findings. and 1, recommendations of the Land-use eie f �a tthat there was a us gong 1991. The Land -use Sub atterns and the potential fcr relationship between land --use p and public transit system in development of a fixed guideway ent general. The land -use patterns that have characterize otentjai for in this region over the last 20 years have reduced p fixed guideway transit. Fixed guideway systems appear to have the CC to attract lcpment and to fL, land --LSe deve pa e,-r ir. a way •that o*�her trarspora,.ion facilities do no":.. Based on the analysis of the four - corridors uactivity lnecessa*y the subcommittee determined that � ►.he development r 0 ON 1"I 0 rl S4 a d 7 O Z 11 � � U p II II o'0 0 0 o II 0 W O U U 11 in0Lou")to 11 0 G4 >= 4o0;= 1I ri C)Qata N II � N rn n� II 0 >a�WM>4 O 11 %pNo'ocn 11 0 0 ty U II NNnr-IUr) It 0 } II 11 rti II o LP') C1 Lo Lo II 0 11 yr V} Vi V)- II rn Gr] s~ II Vr Il +h 0 II r-I II (0 4-) II II II V II W � II II � II dP dP dP aP dp 11 dP 0 II N r n cam+ w 11 0 41 C4 II Nr- mNer II 0 r- co II 0 u a u II II n EA II u u m Cri Ln r) II 0 rrmio 11 o > 4 ►nD 11 I I � t 10 I v ' T - u 1 0 U II r-I c!r 14 II II a o u n r � 11 II p II• II L>a ji II II dp dp da dP dp II d° 11 a�i �n-crrn 11 0 0tf1'C'r%D II 0 N -.-1 O II 11 00000 11 0 •O II o00ot7 II O 1i II oobo0 11 0 to II - - - - - II G. O II %.o k.0 %.o �D0 11 0 U It V }V.- Vi- in- tJ'r II m II II ter r,3 N II II 11 11 • per., r m u] If If al w L.) II dp ew dp dip op 11 dp L-] !✓ 11 0(D 000 11 0 Q1 11 NNNNN 11 0 U II 11 r-1 4) 11 II an If 0 ON 1"I 0 rl S4 a d 7 O Z 11 � � U -.� 0 0 P3 W O U U r-i w G4 >= 4o0;= ri C)Qata >a�WM>4 4.) 7� M w :s 0 ❑ U U 0 ❑ F 0 ON 1"I 0 rl S4 a d 7 O Z 11 12 CONDITIONS AND SPECIFICATIONS REQUEST FOR PROPOSALS DURHAM- CHAPEL HILL - CARRBORO URBAN AREA REGIONAL BICYCLE PLAN BACKGROUND The Transportation Advisory Committee (TAC) serves as the policy board of the Metropolitan Planning Organization for the Durham - Chapel Hill - Carrboro Urban Area. The TAC consists of two members of the Durham City Council, and one member each of the Durham County.Board of Commissioners, the.Chapel Hill Town Council,­ the Carrboro Board of Aldermen;- -the Orange County Board of Commissioners, and the North Carolina Board of Transportation. The:Technical. Coordinating - Committee - (TCC), which consists of local and State transportation planning staff, is responsible for providing technical support and performing the Urban Area's planning functions. Charged with the responsibility of comprehensive transportation planning, the TAC recognizes the need to develop a regional bicycle plan. The focus of this plan is to increase public education and awareness of bicycling, develop appropriate enforcement guidelines, and to lay out a framework for planning and constructing new bicycle corridors. The Town of Chapel Hill _will serve as the lead planning agency acting on behalf of the jurisdictions ` represented in the TAC. SERVICES TO BE PROVIDED The successful firm will develop a regional bicycle plan for Orange and Durham Counties'. The plan will include (1) training sessions on bicycling, bicycle programs and bicycle planning for transportation and planning professionals, (2) a bicycle orientation and training course to be used in local schools, (3) a bicycle training program for law enforcement officials, (4) a regional bicycle route plan, with recommended roadway cross section standards, (5) an implementation plan, and (6) a bicycle plan document. Y 1. Develop and present a series of training and orientation sessions on bicycling, bicycle programs and bicycle planning for local transportation planning and engineering officials. 2. Develop a bicycle education training program to promote bicycling, increase bicycling safety and develop a bicycle awareness and training program for local schools, civic groups and others. 3. Develop a bicycle enforcement training program for local law enforcement officials and recommend appropriate local ordinances to increase bicycling safety. 4. Review and assess existing area thoroughfare plans, planned bicycle routes, and programmed State and local road /bicycle improvement projects. 5. Develop a regional bicycle route plan incorporating existing local bicycle route plans. 6. Review and assess various roadway cross section standards for the provision of bike corridors. 7. Develop and recommend, with cost estimates, priority ordered local and regional bicycle capital improvement programs. S. Review and recommend changes to local development_ regulations and ordinances to incorporate the 'irdssion of bicycle amenities with new development -projects 'T 9. Prepare plan documents consisting of (1) regional goals and objectives, (2) bicycle planning principles and standards, (3) engineering and construction guidelines, (4) regional bicycle route maps for existing and planned routes, (5) law enforcement guidelines, (6) bicycle education program, including materials to be used for future presentations throughout the community, (7) a detailed action plan. SUBMISSION REQUIREKENTS AIM SCOPE 0'-:' PROPOSAL Submit the following: 1. name, location and date your firm was organized; 13 14 2. name(s) and resume(s) of the person(s) who will direct the project and attend public meetings; 3. names and resumes of other persons who will be working on the project (consultants, subcontractors, etc.) and description of the work to be done by other persons; 4. overall timetable and schedule by task for completion of work elements; 5. list of previous consultant contracts and description of experience in regional bicycle planning or essentiallY similar projects; 6. list of any litigation - involving your firm, any persons working with -your fim, or any of your consultants involving any aspectrof your /their professional capacity as planners; architects, landscape architects, engineers or designers; 7. how your firm, if chosen; would provide the necessary insurance requirements as outlined in the attached Insurance Provisions for Professional Services; 8. description of study methodology (method by which the tasks in the proposal will be addressed in the study); and 9. A schedule and detailed estimate of time needed by local planning staff for training, plan development, and implementation. Insurance Provisions A. Workers' Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employers' liability with a limit of $100,000 each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. . E. Comprehensive General Liabilit Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and /or . operations, independent contractors, products and/c7 N z ,. completed operations, broad form property damage coverage and a contractual liability endorsement. C. Business Auto Policy: The same limits under CGL shall apply. This shall include owned vehicles, hired and non -owned vehicles and employee non - ownership. D. Professional L' -rocs and Omissions Liability: Coverage shall have minimum limits of $1,000,000 per claim. special Recui- emen'�s �,. The Town is to be included as an additional insured on the comprehensive general liability policy. B. Current, valid insurance policies meeting the recuirements herein identified shall be maintained fcr.. the duration of the named project with certified copies submitted to the Town. Renewal certificates shall be sent to the Town 30 days prior to any expiration date. There shall also be a 30 day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. C. It shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements that he /she is required to meet. D. Hold Harmless Acreement: The contractor agrees to defend, indemnify, and hold harmless the Town".­—on all loss, liability, claims or expense (including reasonable attorneys' fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the contractor except to the extent same are caused by the negligence or misconduct of the Town. E. If the Contractor does not meet the insurance requirements of the specifications, alternate insurance coverage satisfactory to the Town of Chapel Hill may be considered_ The consultant shall have eight months to complete a draft final plan document. Plan preparation will begin September, 1991 and a final plan document completed May, 1992. During 15 16 this time the consultant will schedule and complete the training and orientation tasks. Scheduling of sessions will be. mutually agreed upon by the consultant tand dthe Bicycle Task Force. upon review and app report by the TAC, the consultant will have one month-to prepare a final plan. GLNEF,AL CONDITIONS 1. The consultant shall work under the supervision of the Town of Chapel Hill Transportation Planner. 2. The consultant shall submit monthly progress reports and requests for payment, to the Town of Chapel Hill Transportation Planner.. These reports shall provide the basis for payment. . 3. Funding for this study is to be shared among the Town of Chanel Hill, the City of Durham, the Town of Carrboro, Durham County and orange County. The consultant shall comply with all relevant requirements of these agencies. 4. The consultant shall provide copies of the final plan document. v rn _w N �L Q 2 C O U C C 7 LL C A CL m _U m c`o C O CD ca c ~ a� T.O ca U) -3 Cr w-a c 0 0 U l0L)a. O o 2 —Calm Is- I 1W Ti c _ +� N U U 8 a pu U ❑ a) L cu � C a) U W a- T OLnrnuOT 69 f` -q- N Lo DO N m In L In v �3�E969 0 0 0 0 0 O O N co f` .- O CD O 1.: wi L) T T C) C) C, LO LO ID in to CD 40 44 4 CD N N N N 7.� C p 0 2 C� O L- 0 E N .0 CL co CU 0000Q O O O \° 0 O pO O O Q ppO c� 0 S T J F¢- H E Q) o8- C] c a) O m a X a) m O) O Q 8- Z, C O O U H 0 17 ti O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6 1991 Action Agenda Item # VI-r- f-) SUBJECT: REPORT: AMENDMENTS TO THE JOINT PLANNING LAND USE PLAN AND AGREEMENT FOR THE RURAL BUFFER DEPARTMENT: PLANNING ATTACHMENT(S): - "Conceptual Guidelines" - Staff Report - LUP -4 -90 (Alt 1, Original) - 8/30/90 JPA Hearing Minutes - LUP -4 -90 (Alt 2, 9- 20 -90) - Carrboro Resolution - Chapel Hill Resolution - LUP -4 -90 (Alt 3, Town Council) - 3/18/91 Planning Board minutes - 4/22/91 Planning Board resolution PUBLIC HEARING: YES _x —NO INFORMATION CONTACT: Dave Stancil, Extension 2590 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Chapel Hill - 967 -9251 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To receive a report on amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement reflecting a portion of the Conce tual Guidelines for the Rural Buffer. BACKGROUND: On August 30, 1990, the Phase I findings and recommendations of the Rural Character Study Committee for the portion of the Rural Buffer outside of University Lake watershed were presented. Among these recommendations were a number of proposed text amendments to the Joint Planning Area Land Use Plan and Joint Planning Agreement. These text amendments are referenced as LUP -4 -90. Following the public hearing, the amendments were referred to the Planning Boards and elected bodies of the'Towns of Carrboro and Chapel Hill. Concerns on the part of the Chapel Hill Town Council led the Committee to create an addendum to the original August 30 package. (For reasons of length, the actions of the elected and advisory boards in Chapel Hill and Carrboro are included as an attachment). The September 20 version of LUP -4 -90 was W 2: .W adopted by the Town of Carrboro on October 23, 1990, after a unanimous recommendation from the Carrboro Planning Board. However, on February 25, 1991, the Chapel Hill Town Council passed a resolution adopting only a portion of LUP -4 -90. The Chapel Hill resolution also calls for a Joint Work Group of elected officials to be formed to study the policy issues raised. The part of LUP -4 -90 adopted by the Council: 1. Affirms development options A (two -acre lot subdivisions) and B (five -acre lot subdivisions). 2. Allows the use of average lot sizing rather than the current minimum lot sizing. 3. Bases the average lot size on multiples of 40,000 square feet instead of acres (43,560 square feet). 4. Allows up to two one -acre lots for 1987 lots of record 20 acres in size or less. Action on the text amendments adopted will allow staff to begin implementing these changes, along. with other changes not under the purview of the proposed work group. On March 18, 1991 the Orange County Planning Board considered this item for recommendation. The Board voted unanimously to recommend adoption of the September 20, 1990 version of LUP -4 -90 (as adopted by Carrboro), recognizing that this version was not adopted by Chapel Hill. In so doing, the Planning Board stated a desire not to undermine the work of the Rural Character- Study Committee by adopting a portion of the package - feeling that this might remove the impetus for further discussion on the merits of the proposal as a whole. The Planning Board adopted a resolution to this effect on April 22, 1991 (attached). This report is provided to the Board to identify and analyze alternative action strategies prior to the Board's action on these amendments. RECOMMENDATION: Receive as information. 3 RECOMMENDATIONS OF THE RURAL CHARACTER STUDY COMMITTEE PHASE I THE RURAL BUFFER MAY 24, 1990 SEPTEMBER 20, 1990 C 0 14" m m toym" i C mm ■ ■ DYAKsio 5 CONCEPTUAL GUIDELINES FOR THE RURAL BUFFER I.: DEFINITIONS A. Terminology Cluster: The arrangement of single- family residential lots so as to allow environmentally - sensitive site design. This is accomplished by preserving portions of a tract containing resources to be left in open space. The majority of the housing units are clustered on portions of the tract more feasible for development. Density: The ratio of dwelling units to overall acreage of the whole tract. This rate is expressed as a ratio representing the number of residential lots or dwelling units per 1.0 acres of land by tract. For example, a density of 0.50 means 0.5 lots /units per acre. This ratio can also be represented as 50 units per 100 acres, or one unit per two acres. Minor.Subdivision: For the purpose of this document, Minor Subdivisions shall be construed to mean: - the subdivision of land into not more than four (4) single - family building lots; or - the subdivision of land into single - family building lots such that the overall average lot size is equal to or greater than 4.59 acres. Open Space: An area that is not used for development purposes, but is kept in either its natural, environmental state; used for active agricultural purposes; or used for passive recreation activities that generally protect the natural state of the land (trails and greenways, golf courses). Purchase of Development Rights: A system allowing for the fee - simple purchase of the development rights from a tract of land, where the site's actual development rights are not applied on this or other tracts. Such a- system would be utilized by governments, non - profit conservation agencies, or other designated agencies. Rural Buffer: Land located within the Orange County - Chapel Hill - Carrboro Joint Planning Area designated as such on the Joint Planning Area Land Use Plan and Ma R. The area generally includes two sub - basins; the New Hope Creek basin located north of Chapel Hill and-Carrboro, and the University Lake basin - located west of Carrboro. The Rural Buffer contains land that is rural in character and contains land uses that are of an overall low - density. Rural Character Study Committee (also, The Committee, or RCSC): A committee of 16 citizens from across the County representing a variety of occupations and interests. This Committee has been charged with developing a strategy for the preservation of natural resources, visual resources., agriculture., -..and growth management. 1 Transfer of Development Rights: A system of allowing the actual development rights from one tract of land to be transferred from the original tract to a designated tract elsewhere for development. Definitions for other terms used in this document are as expressed in the Land Use Element of the Comprehensive P 7nnina Ordinance. Subdivision Reaulations and Joint. Plan B. The Joint Planning Area Land Use Plan and Agreement In 1987, the governing boards of Orange County, Chapel Hill and Carrboro entered into an agreement to jointly establish, administer and utilize a land use plan for a 45- square mile area to the north and west of the Towns where a mutual interest in the pattern and pace of development was held by all three parties. As a part of this process, the Joint Planning Area (hereinafter referred to as JPA) Land Use Plan and Map was adopted by all three jurisdictions. In summary, this JPA Plan created land use plan categories that identified 1 Major Classes of land use 2 Subclasses of land use, and smaller, more specific 3 Categories of land use within the Joint Planning Area,'or.JPA. The Major Classes identified and adopted were Transition, Rural, and Conservation. The Transition.Class contains land that is located adjacent to the.Towns. These Transition Areas recognize the transitional nature of these areas from rural uses to more urban uses. The remainder of the JPA, located in the outlying areas to the north and west, contains land that is more rural in nature and is therefore classified-as Conservation and Rural. Because these categories are inter- related and inter - dependent, the JPA Plan combines them into one subclass, entitled Rural Buffer. it is this Rural,-Buffer-that - is the focus of the strategies contained within this documet. II'. GENERAL POLICY STATEMENTS FOR THE RURAL BUFFER The charge of the 16- citizen Rural Character Study Committee has .been to consider the current land use conditions, development standard,, and resource protection methods for the Rural Buffer. In so doing, the objectives of the Study have been defined as follows: To guide and direct the development of a comprehensive Rural Character Study /Open Space Plan for the County, with an objective of coordinating the issues of: - Agricultural Preservation - Natural Resource Protection - Visual Resource Protection - Growth Management A b 7 into a workable plan that provides new development options with respect to these four objectives, as well as incentives for landowners who help meet these objectives by aiding the maintenance of the rural character in the area through environmentally - sensitive practices in future development. The Committee, in its deliberations and meetings with rural residents throughout the County, has come to several recommendations in the form of policy statements. The manner in which these statements address the goals and objectives of the study can be examined by looking at the study's components. 1. Agricultural Preservation The need to preserve agricultural land is a long -term need. It goes beyond the short -term economics of agriculture as a business, to the long -term food production needs of society. Farming is resource - dependent, and therefore much of the attention is based on the resource - the land. But the land is valuable for food production only when there are farmers who can make a living in agriculture. The amount of land in farms and the amount of farms themselves has declined dramatically since 1955. Since 1982, the County has lost another 13% of its farms, and another 11% of its land in agriculture. The Committee has met with a number of rural residents. In these meetings, including the Rural Buffer, this loss of land and difficulty in making a living in agriculture was a significant concern. But of an equal concern was any potential loss in the farmers investment in his land, since the land serves as the farmer's pension - providing savings for retirement and other family needs. Mindful of these concerns, and in order to be receptive to the needs and concerns of farmers and rural residents, the Committee has gathered input from these residents, as well as the members of the farm community on the Committee itself. This has led the RCSC to recommend the following direction for the protection of agriculture in the Rural Buffer. 1. The Committee recognizes agricultural activities as being in keeping with the preservation of open space and the protection of resources. The committee recommends that agricultural activities should be a permitted land use in designated open space set asides. 2. The Committee recommends that.a Purchase of Development Rights system be instituted and used-as a tool to assist the farm community and other users. 3. The Committee endorses and recommends an Expedited subdivision review process to allow large -tract owners (such as farmers) to subdivide small parcels of land as needed for family members and other purchasers, as this will enable many farmers to realize small immediate needs without complete subdivision and sale of the farm. 4. The Committee endorses the "Right To Farm" law, and further recommends that the County adopt the provisions and 3 E1 recommendations of the Agricultural Advisory Task Force - including the identification of all active farm operations over 25 acres in the County, and furthermore make their location known to future purchasers of nearby land to avoid nuisance suits. A number of other strategies put forth in this document also relate to agricultural preservation. It is the feeling of the Committee that any further complicated protection efforts (such as Large -Lot or Agricultural zoning) would neither be as effective nor as responsive to the needs of the farm community. 2. Natural and Visual Resource Protection There exist a number of methods to preserve and protect natural and visual resources. Such resources are a large part of the nebulous rural character of Orange County.. After analyzing and discussing a number of such methods with the public, the Committee has found that the most feasible wax of ensuring resource protection while recognizing property rights is to loosely put together a program that recognizes the resource protection that has historically been accomplished through rural citizens, and sets forth incentives and compensation to facilitate the continued preservation of wooded areas and rolling vistas. This program, like much of the Committee's recommendations, is accomplished through measures that attempt to achieve more than one goal. The heart of the resource protection program recommended by the Committee, attempts to turn the tables somewhat on perceived methods of preservation. Instead of recommending regulations and restrictions on propetty owners that could be burdensome on rural land owners and possibly ineffective, the Committee has approached the subject by recommending incentives for property owners who do utilize methods that preserve our finite resources. The provision of different development options, to be outlined later in this document, allow for additional development to occur on smaller - than - the -norm lots if the pro erty owner/developer is willing to set -aside 40 -80% of that total tract as permanent open space (either agricultural or wooded natural areas - depending on the case). This basic provision is simple in its application, but will go a long way towards protecting both natural resources (by encouraging developers with significant natural resources present to leave those natural while clustering development on the less critical portions of the tract), and visual resources (by providing a way to realize development potential without compromising vistas and landscapes). It is the feeling of the RCSC that rural landowners - who have been stewards of the land for many years - will continue to be conscious of the resources present on site and, when the time comes, adopt development methods that will be environmentally - sensitive to both natural and visual resources. H The Committee does recognize that there are special areas within rural Orange County that are significant wildlife habitats or natural areas where endangered fauna and flora exist. For the purposes of this document, these sites are documented in two works: the Inventory of Natural Areas and Wildlife Habitats in Orange County, and the Inventory of Sites of Cultural Historic Unincorporated Portions of Orange County. Given the importance of these sites, two other protection measures have been recommended by the Committee for use herein. These measures can be found in IV. PROTECTION OF RECOGNIZED NATURAL AREAS. 3. Growth Management One of the primary functions of the Rural Buffer concept in the existing JPA and Use Plan is to serve as a growth management tool. With the presence of a number of growth factors and development pressures in southern Orange, the JPA Plan has attempted to head off rampant suburbanization and urban sprawl by encouraging an infill policy for the Towns of Chapel Hill and Carrboro, and by designating that outside of Transition Areas, current rural areas in the buffer will remain so in the future. This is accomplished largely through zoning of the Rural Buffer at a flat two -acre minimum lot size. The thrust of the Rural Character Study's work in this area has been the identification of different and sometimes innovative development options that do not compromise the concept of the Rural Buffer as a growth management tool. In hearing from Rural Buffer residents on the Committee and in meeting with other residents, the byword most often heard is flexibility. The two -acre lot size, while certainly accomplishing some of its goals, has not in itself created a Rural Buffer. In fact, if left in its current inflexible state, there is no real incentive to preserve either resources or open space. The possibility of a large, low density suburb is a real possibility over time. In addition, the current standards do not allow much flexibility for property owners wishing to subdivide their land. The doubled lot size has made subdividing lots for children or others infeasible for many landowners. Once again, the'strategies set forth by the Committee in this document are inter - related and interdependent. All of these conceppts have at their base a desire to continue serving as a growtI� management tool. They do, however, try to find other ways of meeting these goals that might provide land owners some relief and at the same time encourage (through incentives) the provision of open space, natural areas and farms. In this sense, the entire document is a policy statement on growth management strategies. 5 4. Other Policy Statements 10 The following are a series of various policy statements adopted by the Committee that overlap into different goals /objectives, or serve as supplementary roles to other objectives and statements. 1. The Committee finds that land uses currently permitted in the Rural Buffer, such as residences, churches and schools (as designated in the Zoning Ordinance), should continue to be permitted uses in the Rural Buffer under these premises. 2. The Committee finds that the development options that it recommends for the Rural Buffer should be permitted as a matter of right - with the exception of "Option E" developments, that would necessitate special conditions as spelled out in Section III of this document. 3. The Committee further finds that, as a matter of right, that existing lots of record on January 6, 1987 be allowed to subdivide in such manner as to create up to two (2) 0.92 - acre lots; provided however, the remaining land shall be developed in accordance with the standard provisions put forth in Part III of this plan. (see Section 11.1.3) 4. The Committee finds that the use of incentives for large - lot developments (average lot size of 4.6 acres) will aid efforts to preserve and protect natural resources. Incentives such as an expedited subdivision review process, private roads and lower fees will enable landowners to keep more land in open space or agricultural uses. Furthermore, the use of conservation easements will enable even more protection within large lots. The Committee recommends that such incentives be instituted as a part of this package. 5. The Committee recognizes that two development options listed herein will require some form of water and sewer service because of their clustered lots. The Committee recommends that this issue be addressed as follows: a) That Option E Rural Village developments should only be developed within a defined sector where public water and sewer can be made available. Such lines should be adequately sized and limited to serving the village only. b) That Option D developments should also utilize public ..water and sewer -where possible. Where public water and sewer extension is not cost- effective, the use of community alternative wastewater systems would be permitted. The use of such systems would be contingent on participation in a Monitoring and Maintenance program adopted by the County and such systems should also be built to public specifications. 6. The County Commissioners have found that the University Lake Watershed portion of the Rural Buffer, as the water supply for southern - Orange County, warrants special protection measures. These measures have been addressed by action of the County Commissioners on April 2, 1990 through the L Gv designation of a University Lake Watershed (ULW) overlay district. Therefore, since special protection measures have been designated, the Committee recognizes that such special provisions (adopted on April 2, 1990) take precedence in this portion of the Rural Buffer over the development options outlined herein. ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** III. RURAL SUFFER DEVELOPMENT OPTIONS After due consideration, the Committee has reached a consensus on recommending five distinct development options for land in the Rural Buffer. As previously stated, these options are designed in accordance with the goals of the study, and are written so as to strike a workable compromise between the private property rights of the landowner, and the county -wide need for the preservation and protection of natural, visual and agricultural resources through a comprehensive growth management program. 1. OPTION A Option A allows for two -acre lot single- family residential subdivisions, as permitted currently in the Rural Buffer. Natural resources would be protected through voluntary conservation and environmentally - sensitive design. AVERAGE LOT* SIZE: 1.84 ACRES REQUIRED OPEN SPACE * *: 0% 2. OPTION B Option B allows for five -acre lot single - family residential'subdivisions, to be treated as Minor Subdivisions with an expedited review process, the option of private roads, and lower fees as incentives. Resources would be protected through voluntary conservation and environmentally - sensitive design. AVERAGE LOT* SIZE: 4.59 ACRES REQUIRED OPEN SPACE * *: 0% SPECIAL CONDITIONS: The maximum tract size for development with the Option B incentive package is 200 - acres. Option B developments of greater than 200 acres in size would be permitted in accordance with the provisions of "major subdivisions ". 3. OPTION C Option C allows for a clustered 1 -acre lot single - family development where 40% of the tract is left in open space (either agricultural or natural). AVERAGE LOT* SIZE: 0.92 ACRES REQUIRED OPEN SPACE * *: 40% OF TRACT 7 4. 5. OPTION D Option D allows for a planned residential development with a density of 0.72 (72 units per 100 acres) where two - thirds, or 67 %, of the tract is left in open space (Either agricultural or natural). NUMBER OF UNITS: (DENSITY) REQUIRED OPEN SPACE * *: 72 UNITS PER 100 ACRES 67% OF TRACT SPECIAL CONDITIONS: Option D developments should utilize public water and sewer where possible. Where public water and sewer extension is not cost - effective, the use of community alternative wastewater systems would be permitted. The use of such systems would be contingent on participation in a Monitoring and Maintenance program adopted by the County, and such systems should also be built to public specifications. OPTION E (RURAL VILLAGE) Allows for the development of a "Rural Village ", a planned residential community with a small -scale village - -level commercial /service core. The overall residential density of this Rural Village would be 0.84 (84 units per 100 acres). In order to develop under this option, four -- fifths, or 80 %, of the tract must be left in open space (either agricultural or natural). NUMBER OF UNITS: (DENSITY) REQUIRED OPEN SPACE * *: 84 UNITS PER 100 ACRES 80% OF TRACT. SPECIAL CONDITIONS: The Committee finds that Option E is significantly different from other residential options, and should therefore be permitted with the following conditions: A minimum tract size of 200 acres shall be required for development of a Rural Village. Public water and sewer extension is required. Rural Villa a developments "shall be permitted only within a defined "Development Sector ", to be analyzed and defined in the future through cooperation with local governments and utility entities. Such a sector would factor in the location of arterial and collector roadways and feasible public utility extension to create a logical, cost- effective and easily - defined corridor of the Rural Buffer where such developments would be encouraged. 8 12' 13 Rural Village developments should be located within one -mile of arterial or collector roadways for traffic management reasons. Such developments should not be located on intersections, and should be buffered from roadways. The Commercial /Institutional core of the Rural Village should be designed at the village level. This should include a road network designed to protect the visual resources of the rural character and discourage passer -by activity. * - Single- family residential lots only. * *- Roadways and easements, except pre - existing utility easements, cannot be placed in or subtracted from open space set - asides. IV. PROTECTION OF RECOGNIZED NATURAL AREAS A. Recognition of Natural Areas As previously stated, the Committee recognizes that the Protection of the County's natural resources is of utmost importance as a consideration for future land use development patterns. There are two county Inventories that identify sites of specific natural cultural and historical significance in the County. The first is the Inventory of Natural Areas and Wildlife Habitats of Orange_Countv_, produced in 1989 by the Triangle Land Conservancy. This document lists 64 sites in Orange County that contain important natural areas or wildlife habitats. This Inventory is recognized by Orange County currently in its Zoning Ordinance and Subdivision Regulations. The Committee also recognizes this inventory (though not complete) as an important source for identifying natural sites to be preserved. Also, the ,riviV yycii aiiu =u1Y 1ca1 bl n1=lcance in Qrancre County, producec in 1986 -88 by the County Planning Department, is recognized by the County's ordinances. The Committee also recognizes this document as containing important information on sites of significance to the County's Rural Character to be preserved. Therefore the Committee recommends that, outside of the open space set- asides required in three of the-five development options in the Rural Buffer, prioritized efforts for the protection of Orange County's natural, historic, cultural, and geological resources be focused on the preservation of as much of the sites identified in these two inventories as possible, including the Purchase of Development Rights and other preservation measures to be studied in the future. B. Methods of Voluntary Protection The Committee finds that the preservation of natural resources can best be fostered through voluntary methods. It is 14 the opinion of the Committee that rural property owners, who have for years been stewards of the very land that embodies the area's rural character, will endeavor to provide for and protect the natural resources present in the future as well. The RCSC recommends that one strategy to be pursued should be a Purchase of Development Rights Program -- to be instituted in Orange County for use by designated agencies to purchase development rights on property that has special natural resource or water quality significance. One such use of this system would be a programmed purchase of prioritized, vulnerable inventory sites. The RCSC recognizes that a PDR program will by necessity be limited in scope. Therefore, the Committee recommends the following voluntary measures be undertaken. In three of the five development options for the Rural Buffer, the oven space set - asides can be utilized to provide for the protection of special resources. Environmental) - sensitive site design, along with this open space, should adequately protect resources. In the two "large -lot" development options, open space set - asides are not required but can be voluntarily utilized. The development of five -acre and two -acre lot minimums will in and of itself help preserve the rural character of the Rural Buffer to some degree. Beyond that, however, the Committee recommends the use of environmentally - sensitive site design through the encouragement and.cooperation of the Planning Department. For lands that contain special natural or other identified sites, the Committee further recommends the following measures: The Committee recommends that, upon receipt of any development proposal for land that contains a site identified on the two inventories aforementioned, the Planning Department shall work with the developer and recommend the use of a voluntary Conservation Easement to protect the site in question. Such an easement would be designed to allow development to occur at the behest of the property owner, while preserving portions of the natural or other site contained within private property. This Conservation Easement should allow for annual inspection by a designated party, but should otherwise be maintained as private open space -- not for public use unless so deemed by the property owner. The Committee further recommends that, upon receipt of a development proposal as described above, the Planning Department will contact private conservation organizations in order to facilitate mutual protection by discussion between the potential developer and the conservation organization. The committee wants to emphasize that any decision by a landowner to establish some form of conservation easement will be strictly voluntary. 10 V. ISSUES REQUIRING FURTHER STUDY In the course of consensus - building on the issues defined herein, the Committee has identified a number of issues which cannot reasonably be resolved by this Committee either through the scope of their review or the nature of the concern at this time. For this reason, the Committee lists these issues within this closing section, with a recommendation that they be studied and analyzed in the near future to enhance the implementation of the strategies proposed herewith. 1. The Committee recommends that, for future potential use as an open space and agricultural preservation tool, the governing bodies of the Joint Planning Area petition the North Carolina General Assembly for enabling legislation to allow the utilization of Transfer of Development Rights within Orange County. Although TDR's currently would have limited application, the Committee feels that it could be an effective tool in future land use issues. 2. The Committee endorses the proposed Purchase of Development Rights program for Orange County, and further recommends that such a program be studied for application in Orange County for the preservation of natural, historic and visual resources, agricultural preservation, open space provision and compensation to property owners for any loss in property values due to the enaction of measures for the provision of the common good, health, safety and.general welfare of the County as a whole. 3. The Committee endorses the proposed Health Department Maintenance and Monitoring Program for alternative wastewater treatment systems, and recommends that some manner of the proposed program - specifically that relating to the monitoring and maintenance of alternative wastewater systems - be enacted by the County Commissioners after due process. 4. The Committee recommends that a renewed effort on the part of County administration be taken with regard to the Agricultural Advisory Committee, to more comprehensively address the concerns and needs of the .County's farm community. ADOPTED BY THE RURAL CHARACTER STUDY COMMITTEE ON MAY 24, 1990 PDS/52490 cg524fin 11 15 1�� MEMBERS OF THE RURAL CHARACTER STUDY COMMITTEE Clint Burklin, Chair Dolly 'Hunter, Vice -Chair Dwight Compton Dr. Carole Crumley Elizabeth Dyer Judson Edeburn Barry Jacobs Livy Ludington Lorraine Parker Bob Strayhorn David Swanson Carl Walters Dr. Stephen Halkiotis Dr. Laila Moustafa Lester Ray Ex- ffi 'o Roger Waldon (Planning Director, Chapel Hill) Roy Williford (Planning Director, Carrboro) Ed Holland (OWASA) Mary Anne Black (Orange County Recreation and Parks) Marvin Collins (Planning Director, Orange County) Janet Rigsbee (Planning Director, Hillsborough) Consultant Lane Kendig, Lane Kendig Inc. LPArect Team David Stancil, Principal Planner /Coordination Emily Crudup, Project Planner Gene Bell, Initial Coordination Don Powell, Initial Graphics Deborah Graham, Minutes/Clerk to the Committee Donna Bell and Sarah Warner, Interns/Graphics P THAN TO: Bill Mainous (Former Chair) Minerva Kenyon Mark O'Neal Chapel Hi arrbor 0 Ch a t h a m C 0 x, - LAK w 7:. r • o• A+ Towns, ETJ's and 11u. Ike ✓y ORANC im 7 Transition Areas 1111 IV 1151 Rural Buffer IML �•✓ � 1 LEM 1141 Univeralty Lake Watershed I ✓ y '� R �H 1.1 ,• 1772 I v �o n 1117 h r Y� a IUL 117! > U Flurml Character Study May 24, 1000 1?f7 O. 0 t 1111 1171 �✓ M 9 �' 1. i 1 IH im PAS i l l s b o ro Wl ' �1 ? � fl, t� 7 Mebane /Ef land 1170 11M � -JLNI Y ••"�� Lit I '� 1119 w � �� ' 1 �,' ' 11 �• F � L171 '� ~ , 7 11 117. , 17 1 A 1.] '� •` 1! i4 -� J.74- � �' .• 171 �'.. G 4 s � , 11 I 70 S ' m o . ' 1 11,. , V •I �.A1. � � • .►' al.. •, auk ' ::.:.,�: ::i:' »:.: -;: �:::::'�..:`,,'`�!�`-��, et �• C N ?r .;its? ??':`i.:.; : ; • .: yrs: .�. �:.::; <.:: ;.:. L 0 a 111 n17 1 J.tL is vs iir �v 1 3 nl , , • `r' _ aria �M In LL• G.�.. t - If' E1 1• Ilu u 4 ': a 1118 •� : i' + • CkA. 7� 1141 a Chapel Hi arrbor 0 Ch a t h a m C 0 1° r ADDENDUM TO THE CONCEPTUAL GUIDELINES FOR THE RURAL BUFFER SEPTEMBER 20, 1990 NOTE: THE FOLLOWING ADDITIONS /REVISIONS TO THE CONCEPTUAL GUIDELINES DOCUMENT WERE APPROVED'ON SEPTEMBER 20, 1990. DISCUSSION AND CLARIFICATION IS INCLUDED TO REFLECT COMMITTEE DELIBERATIONS. On September 10, 1990 the Chapel Hill Town Council asked representatives of the Rural Character Study Committee to attend a council meeting which featured a discussion item on the Rural Buffer strategies proposed by the Committee and presented at public hearing on August 30, 1990. Committee members Livy Ludington and Bob Strayhorn represented the Committee at this meeting. At this meeting, the Council discussed five concerns with the strategies proposed at the August 30 ,joint Public Hearing. In addition, on the issue of public water /sewer to the Rural Villages, the Council was able to provide Committee representatives with a consensus on two questions. First, the entire Council agreed that it could not support the physical extension of water and sewer lines to Rural Villages (Option E developments) from the urban areas, as proposed in the Conceptual Guidelines. Second, the Council unanimously agreed that public water /sewer in the sense of direct public oversight of package plants or alternative systems as to construction, monitoring and maintenance might be an acceptable alternative. Other concerns identified by Chapel Hill staff included: 1. the lack of public review on "Minor" subdivisions of 5 -acre lots. 2. the concept of two 40,000 - square foot lots for each 1987 tract of record. 3. The use of average lot sizing. 4. Square footage -based minimum lot sizes. 1 1'e Yy4 . y-. The Committee agreed to take these concerns back to the Rural Character Study Committee for discussion and possible compromise, if feasible. At the September 20 Rural Character Study Committee meeting, the Study Committee met with County and Chapel Hill staff. As a result, three revisions or additions to the initial recommendations were aooroved. The Committee felt that the compromises adopted on September 20 did not compromise the integrity of the study and still accomplished the goals and objectives of the study. Some of the concerns addressed by the Council (especially the question of public sewer) were issues that the Committee had struggled with in its deliberations, and the revisions represented the selection of a alternative proposal that narrowly missed initial recommendation. 1. PUBLIC SEWER IN RURAL VILLAGES The concept of alternative systems with public oversight was again discussed. This discussion evolved into a discussion of the ultimate life of alternative systems, and the need for leaving future options open if sewer extension becomes a necessity beyond a 20 -25 year period. If efficient sewer extension were no longer an issue in location of these Rural Villages, the Committee revisited other factors that would become critical as to -the placement of these villages. RECOMMENDATION: a. That public oversight of alternative systems /package plants is an acceptable alternative to public sewer extension, as long as those systems were designed, monitored and maintained by a reliable public entity. The Committee thus recommends that this type of "public sewer" be utilized in lieu of physical extension of sewer lines into development - options D and E which require sewer service. b. The Committee recommends that further study be given to the location of Rural Villages by the two Towns and the County. The Committee would also recommend that the key locational criterion be the coordination of such villages with the major transportation corridors in the Rural Buffer (outside of University 2 19 •yr Z: ,U ARk a,-�- wV, r- Lake Watershed). This issue, while previously of significance, takes on increased importance if Rural Villages are considered in areas not necessarily directly adjacent to the Towns (as was recommended in the Committee's Conceptual Guidelines). 2. PUBLIC REVIEW OF 5 -ACRE LOT SUBDIVISIONS At the August 30 hearing and again at the Town Council meeting, it was noted that the potential existed for 200 -acre (36- •lot)'subdivisions to be approved without provision for public review. This issue was discussed by the Committee, and most members agreed that, although it was unlikely that this option would be used by property owners close to the 200 --acre cap, the point was valid. Discussion ensued on ways to allow small large -lot subdivisions to utilize staff review while providing public comment for larger subdivisions, and possible thresholds for achieving this goal. RECOMMENDATION: a. That a gradation of 5 -acre lot subdivisions be used to alleviate this concern. The Committee agreed that the following thresholds would be one manner of achieving public comment while not destroying important incentives for property owners to use this character - enhancing development option. Tract Size (# of Lots) Provisions 15 -50 Acres (4 -8 lots) Staff review with notification of Development Review Meeting to adjacent property owners. 50 -100 Acres (8 -17) Same as above, but with staff option to refer to Planning Board for consideration if necessary. 100 -200 Ac (17 -36) Public notification and Planning Board review required. The Committee recognizes that this alternative will require legal review as to compliance with relevant statutes. 3 20 Wr �7 :V r- 3. PROVISION OF TWO 40,000 -SQFT LOTS FOR EACH 1987 LOTS OF RECORD Each of the three staffs and some elected officials have expressed concern with the potential for this provision allowing a significant number of 1 -acre lots and population increase into the buffer. The Committee revisited this issue in light of its goal, which was the provision of flexibility and assistance to small tract owners who had been "hamstrung" by the two -acre minimum lot size, and might not be greatly helped by the proposed cluster options. The suggestion was made that, since this provision was designed specifically for small -tract owners, an appropriate solution would be allowing this option only for 1987 tracts of record of 20 acres or less. Staff indicated that this refinement would cut the potential number of new 1 -acre lots by approximately 80 %, with possible utilization by only 88 tracts. This provision would also require legal review. RECOMMENDATION: That a 20 -acre cutoff would be appropriate for this provision, and would alleviate the concern over large numbers of one -acre lots while allowing small tract owners some alternative flexibility. -------------------------------------------------------- 4. AVERAGE LOT SIZING The concern with this provision (which would assist property owners to create site- sensitive design) is that, in so doing, the property owner might sometimes realize a lot yield closer to the permitted density. Staff pointed out that the maximum increase in the number of lots would be minimal at best. Meanwhile, allowing lots to balance out with respect to environmentally - sensitive areas and property line configurations has yielded superior development design in a number of counties that have tried this. The Committee agreed. 0 21 p 3W ._• W. RECOMMENDATION: Keep as is. Avera sensitive site de allowing some pro an additional lot 5. USE OF SQUARE The Committee agre concern takes on r issue with this it based on square fe rather than 2.0 --ac few more lots due lot sizing achieves better and more rn, and is a worthwhile tradeoff in -ty owners to meet set densities with two per 100 developed acres. AGE MINIMUM LOT SIZE d that, like the above issue, this latively minor significance. The m is that using a minimum lot size t (80,000 square feet - 1.84 acres) es (87,120 square feet) might allow a o the slight drop in lot size. The Committee discussed their rationale for this statement - that this type of measurement is consistent with traditional 3.8t sizes in the buffer (prior to 1987) and current lot sizes in other rural areas. RECOMMENDATION: Leave as is. Altho gh a less important issue, the provision should b: left for policy -maker decision. SUMMARY OF ADDITIONS/REVISIONS - ___---------------------------- ----------------------- --- 1. Alternative systems to be allowed rather than extension of public sewer - only when designed, constructed, Monitored and maintained by a reliable public entity to be appointed by the three local governments. 2. Rural Villages (Option E) to be evaluated and permitted in accordance with locational criteria that weights major transportation corridors heavily. 3. Gradation of public review for 5-acre lot subdivisions as shown on page 3 of this addendum. 4. Size limit on lots of record allowed to utilize two 1 -acre lot exception (Less than 20 acres.) 5 22 23 REPORT: RURAL BUFFER STRATEGY ALTERNATIVES This report outlines the status of Joint Planning Area Land Use Plan /Joint Planning Agreement amendments that were presented at public hearing on August 30, 1990. These amendments would implement the Rural Character Study Committee's Conceptual Guideline for the Rural Buffer. Consideration by the Towns and the County Planning Board have resulted in two different types of recommendations or actions. Alternative actions for the Commissioners' consideration have been identified, with the pros /cons of each alternative. BACKGROUND This report will not attempt to document the consensus- building process that occurred in this diverse committee's work. Nor will it attempt to recount the meetings and sessions from November 1989 to May 1990 where the Conceptual Guidelines.. were formulated and agreed upon. It is important to note, however, that this consensus - building and communication with Rural Buffer residents was achieved. It is this work which yielded the strong chemistry of the Conceptual Guidelines.... The action items at the August 30 public hearing were: 1) LUP --4 -90 (amendments to the text of the JPA Land Use Plan), and 2) a text amendment to the Joint Planning Agreement. The general purpose of the amendments is to introduce the concept of open -space development options (also known as cluster) into the text of the plan. These are the only amendments that were necessary to implement the recommendations of the committee. The majority of committee's recommendations did not require amendments to the plan. The actions of the Town Planning Boards, Town elected boards and County Planning Board regarding these amendments are documented in fuller detail on the attached Status Report - which summarizes (in chronological fashion) what has transpired since August 30. The deliberations and actions by these boards have resulted in two sets of recommendations: 1. The Carrboro Planning Board, Chapel Hill Planning Board, Carrboro Board of Aldermen and Orange County Planning Board have= recommended a version of LUP -4 =90 based on the Rural Character Study Committee's recommendations, as amended by a September 20 addendum. 2. The Chapel Hill Town Council on February 25, 1991 adopted a small portion of the September 20 amended package - agreeing to two of the three development options that did not require sewer, and calling for a Joint Work Group to discuss policy issues raised. (It should be noted that the September 20 addendum was designed 24 with Town and County staff to address the concerns of the Chapel Hill Town Council. The Council later determined that several issues remained unresolved to their satisfaction, leading to their February 25 action.) ALTERNATIVES ACTION STRATEGIES FOR THE BOARD OF COMMISSIONERS With the Commissioners' consideration of this matter scheduled for May, there appear to be three sets of recommendations on the table, along with a fourth potential alternative. 1. ADOPT THE "ORIGINAL" LUP -4 -90 (as of August 30, 1990). Since the Study Committee's addendum of September 20, the original recommendations have not been acted upon or discussed outside of Committee meetings. The recent seminar by nationally - renowned attorney Robert Frielich, however, may lend additional credence to this proposal if the issue of limiting sewer taps can be dealt with (as Frielich contends) . 2. ADOPT THE SEPTEMBER 20 "AMENDED" VERSION OF LUP -4 -90. 3. As previously mentioned, this version was designed to address the concerns mentioned in the August 30 staff analysis and reiterated by the Town Council on September 10, 1990. ADOPT THE PARTIAL VERSION OF LUP -4 -90 (Town Council) This version would approve the five -acre lot and two -acre lot development options, .make three other structural and administrative changes to the plan, and call for a Joint Work Group to study policy issues further. 4. LEAVE AS IS. A final. "default" alternative would involve not acting on the recommendations. This would in effect maintain the status quo (two acre lots, no open space strategy) for the buffer. ALTERNATIVE 1 (ORIGINAL): ISSUES PROS AND CONS The original amendments to the JPA Plan reflect the May 24 recommendations of the Study Committee. As previously stated, this version was the one presented at the August 30 public hearing. This version of the proposals were altered after the Chapel Hill Town Council made it clear that they could not support certain 25 portions of the original amendments - principally the recommendation for extending public sewer lines into a predefined corridor for Rural Village developments (similar to Fearrington Village). The Committee's September 20 version addressed these concerns by altering three sections of the original proposals - dealing primarily with the means of sewer provision and the format for approving five -acre lot subdivisions. Since that time, attention has been focused on the amended version of the recommendations and plan amendments. In the past month, however, the comments of growth management attorney Robert Frielich seem to diminish the strength of the argument against public sewer extension that led to the September 20 amendment. The basis of the argument against sewer line extension was that local governments and OWASA would find it difficult to legally prohibit taps along lines extended to Rural Villages. If so, this could place pressure on future governing boards to relax density regulations and allow higher density development - although this could not occur with the JPA Plan concepts in place. Frielich argues, in essence, that the original Rural Character proposals are the most effective way to preserve character, and that there. exist legal mechanisms to prohibit taps on lines extended to Rural Villages. It is not clear at this time whether the Town Council plans to revisit this question in regard to these developments. Board of Commissioners action on this alternative would require reconsideration by all jurisdictions. "PROS" OF ADOPTING ALTERNATIVE 1 "CONS" OF- ADOPTING ALTERNATIVE 1 :.::.:::tla::: Via .:::.......:...:...... •: ........ .. ...... ............................................... ...::::::.:::::.:::.::::::.::.:._::..................::::::::::::......:::.::.::::.::::::.: ::::::::::: :::::::: :.: :: AkT_ERXWSXA_W_2 AMENDED VERSION): ISSUES PROS AND CONS This alternative is recommended by the planning boards of all three jurisdictions, and was adopted by the Carrboro Board of Aldermen. The only differences between alternatives 1 and 2 lie in the language that was added by the Committee on September 20. This version of the plan amendments refers to public oversight of alternative systems as the means of public sewer provision, and addresses public input for five -acre lot subdivisions (along with two other minor points). The effect of Commissioners' adoption of this alternative, as recommended by the boards listed above, would require reconsideration by the Chapel Hill Town Council. If the Town Council did not change its position, the only strategies that could be implemented would be those consistent with the JPA Plan and Agreement as currently stands. The following is a breakdown of which recommendations from the September 20 version would be consistent with the current plan. Consistent with JPA Plan Farmland Identification Purchase of Development Rights Conservation Easements Development Option A (2.0 -Acre lots) Development Option B (4.59 -Acre lots w /expedited review) Development Option C (1.0 -Acre lots with 40% Open Space) Not Permitted Under Current JPA Plan Agricultural Open Space Set -Aside Mechanism Natural and Visual Resource Open Space Set -Aside Mechanism Development Option D (-Planned Developments with 67% Open Space) Development Option E (Rural Villages with 80% Open Space) Average Lot Sizing Site Sensitive Design Flexibility Other Policy Recommendations - "PROS" OF ADOPTING AMTERNAXXV Z Z _ "CONS" OF ADOPTING ALTERNATIVE 2 ," . .3 26 27 ,:...;:::; :; •:;,;<,, -::: s <i:/' <�i: >: >iii�Fil' y: <;{:;, r, , "::�;:y:: x>: ....:;::::;r Are >x;: « < >:<i: :rxryy.....`;? ..............:.........,....ii .:i:ii t•::•:• '::`iii :::i::i::i:;:�;::;:� i�: <:: `: ?`:i::i:i' is >:.:i:.......................................... .: : :: ;: ..::s;., : ,;: ',. ?:::!.;::y:. >:i `:: ;:::>::: <:; >:.;:.;: ALTERNATIVE 3 (CHAPEL SILL VERSION): ISSUES, PROS AND CONS This alternative, as read from the Town Council's adopted resolution, would implement only the following items: Development Option A (1.84 -acre lots) Development Option B (4.59 -acre lots) Average Lot Sizing Allow Two 0.92 -acre Lots for Pre - Existing Tracts 20 Acres or Less. The resolution also calls for the County Commissioners and Carrboro Board of Aldermen to join with the Town Council "in forming a work group of elected officials to address the policy issues raised in the recommendations" study committee. If the Board elects to adopt this alternative, reconsideration may be needed by Carrboro. This alternative is a subset of Alternative 2, and as such was approved by the Carrboro Board of Aldermen on October 23, 1990. The Joint Planning Agreement may, however, require a new reading of this partial adoption of the strategies. If Carrboro agrees to this alternative, the Joint Work Group proposal would be implemented. The need for a specific charge to such a work group, and a specific time limit would seem appropriate if this alternative is_ adopted. "PROS" OF ADOPTING ALTERNATIVE 3 "CONS" OF ADOPTING ALTERNATIVE 3 i"o ... . : ". ------ .- . #: a Ott ba ALTERNATIVE LEAVE AS IS): ISSUES PROS AND CONS The implications of not acting on any of the above would, in effect, leave the Rural Buffer as it is. The development standard would remain at 2.O acres per house, and none of the protection or open space techniques would be pursued. It should be noted that this alternative would, from all indications, continue the suburbanizing pattern currently seen in the Buffer that led to the Rural Character Study. .: ib. t ire +e,:::?►::+:: gc�t�+ct�C.;: .......a SUNKARY The Board of Commissioners are faced with a potentially difficult decision. A near consensus of board opinion recommends Alternative 2 ('the September 20 version of LUP- 4 -90). However, the Chapel Hill Town Council prefers a greatly scaled back set of amendments and a joint work group to resolve other policy issues. Conversely, the County Planning Board feels that adoption of the "Chapel Hill version" would remove the impetus for further discussion, potentially lead to an adopted strategy that will not include the most effective character - preserving elements, and destroy the chemistry= of the different ingredients that make up the recommendations. Each of the alternatives carry both benefits and risks, as outlined above. 29 STATUS REPORT At the public hearing, the Town of Carrboro referred the amendments to their Planning Board, while the Chapel Hill Town Council opted to discuss the matter as a subsequent meeting on September 10 with Study Committee representatives in the audience. The County boards, as per standing practice, considers the items after Town action. September 10 Town Council: The Council noted their concern with four issues contained within the August 30 staff analysis, primarily with the question of providing sewer service to Rural Villages and planned developments. The Council decided to let the Committee members know of their disposition toward this issue by informally relating unanimous unwillingness to extend public sewer lines into the Rural Buffer. However, the Council also indicated that an alternative proposal - that of public sewer through alternative systems constructed, operated and maintained by a public entity (such as OWASA) - might be an acceptable alternative. Committee representatives present agreed to take this information back -to their next meeting on September 20 and report back to the Council in early October. Se tember 20 Rural Character Study Committee: The Study Committee met with both County and Town staff to attempt to address the Council's concerns. An addendum to the original amendments was adopted. Octobe 4 Carrboro Planning Board: In the interim, the "amended" version of LUP -4 -90 was unanimously recommended for approval by the Carrboro Planning Board. October 8 Chapel Hill Town Council: The Town Council received the amended package and unanimously agreed to refer the matter to their Planning Board October--9 Carrboro Board of Aldermen: Citing a desire to discuss the matter with Committee representatives, the Board deferred action until October 23. October 16 Chapel Hill Plannina Board: The Chapel Hill Planning Board recommended approval of the amended package by a 7 -3 vote. October 23 Carrboro Board of Aldermen: The Carrboro Board, after discussing the proposals with Committee representatives, adopted the September 20 amended package by a 6 -1 vote. Alderman Jay Bryan was appointed to work as liaison with 30.. staff and the committee is developing ordinance language. October-2-9--Chapel-Hill Town Council: After lengthy discussion, the Council voted to defer action on Town administration's recommendation to approve the amended package, and adopted another part of the recommendation asking OWASA for assistance on the question of public oversight alternative systems. February 25 Town Council: After receiving a discussion paper from OWASA staff, the Council adopted an administration recommendation to adopt a portion of the amendments. The portion adopted adds text language permitting five - acre and two -acre lot development options (which do not require sewer) as well as other minor changes. The resolution also called for a Joint Work Group of elected officials to be established. March- 18 Oran a Count Plan 'n Board: With the conclusion of Town consideration, the County Planning Board recommended the September 20 version of the package (as adopted by Carrboro). The Planning Board felt that the partial adoption taken by Chapel Hill would undermine the chemistry of the strategic package, not implement the options that would do the most to protect rural character, and eliminate the impetus for future consideration of the proposals as a whole. April 11 Robert Frielich Meeting with Staffs /Attorneys: Noted national growth management attorney Robert Frielich spoke at Chapel Hill Town Hall, noting methods which could be used to solve sewer extension dilemma. April 22 Orancre County Planning Board: The Planning Board adopted a- -resolution affirming their March 18 rationale for recommending the September 20 version. S1 ALTERNATIVE 1 8/30/90 Hearing PROPOSED AMENDMENTS TO JPA LAND USE PLAN AND JOINT PLANNING AGREEMENT The following are amendments to the Joint Planning Area Land Use Plan and ,joint Planninc Aczreement that represent changes reflecting the Conceptual Guidelines for the Rural Buffer, adopted in final form by the Rural Character Study Committee on May 24, 1990. The specific changes to the text of the JPA Plan are shown below in chronological order as they would occur in the plan. These amendments can be categorized as-dealing with one or more of the following three issues: 1) Extension of water and sewer into a defined corridor for planned "Rural Villages ". 2) Development standards for lots in the Rural Buffer. Currently, a minimum lot size of two -acres is required. The proposed standards would retain that standard as one of five permitted development options, adding others that provide for larger lots and /or environmentally - sensitive site design through clustered or planned developments. 3) Creation of "Rural Villages ", with a small -scale commercial core designed to serve the village only. In regard to the Joint Planning Agreement, the strategies are consistent with the provisions of the Agreement, requiring only a change to the "Definition of the Rural Buffer" found in Article I, Section 1.2(g). Specifically, this amendment would add language which refers to the creation of five permitted development options with a range of lot sizes and open space set- asides. Language would also be added to qualify the prohibition on public water and sewer service extension to allow an exception for extensions into a predefined service corridor only for the development of planned "Rural Villages ". No other changes to the Agreement are necessary. Where text changes are proposed, the paragraph in question has been provided, with proposed new text shown in boldface. Words or phrases deleted from existing text are indicated by the <DELETE> symbol. Provided as an attachment to this document are the actual pages from the Joint Planning Area Land Use Plan that would be amended, in their current form. 32 1. SPECIFIC CHANGES TO TEXT OF JPA LAND USE PLAN SECTION III. INFRASTRUCTURE AND PUBLIC SERVICE'S Pace 32 "Water and Sewer Issues..." last cranh "The New Hope Creek Basin <DELETE> is "over the ridge" from the existing wastewater collection system and treatment plant. Limited expansion of utility service to a specific corridor is feasible, however. Such expansion would only be permitted in the development of a "Rural Village ", which would involve service to a clustered, self - contained village within a predefined service area only. Any such extensions would be sized to service only the corridor where Rural Villages are permitted. Alternative means... SECTION V. JOINT PLANNING OPERATING PRINCIPLES 'Pa a 60 "Rural Buffer and Conservation" The Rural Buffer area is defined as being a low- density area consisting primarily of single - family homes situated on lots having an average lot size of 1.92 acres or greater, or lots within planned developments that provide 40 -80% open space with a density of between 0.5 and 0.84 units per acre. The Rural Buffer is further defined as....... SECTION VI. FUTURE LAND USE--- JOINT PLANNING AREA Pace 83 "Rural Residential" The Rural Residential category represents a low - density area consisting primarily of single- family homes. The average lot size in this category varies depending on the amount of open space provided, but shall not exceed a density of 0.84 lots /units per acre. This category is identical to the Rural Buffer category contained in the current Land Use Element of the Orange_County Comprehensive Plan. The Rural Buffer category is described in the element as land adjacent to an Urban or Transition area which is rural in character and which should remain rural; contain <DELETE> low- density residential uses; and not require urban services (water and sewer) during the Plan period - except in a predefined corridor in close proximity to existing service areas where the development of planned Rural Villages is encouraged. To the north of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low density.... Residential developments 33 similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying either on wells and septic tanks; or County - approved monitored and maintained alternatives for water supply and sewage disposal. Pa a 84 "Rural Residential" coat. • to of 1pace There are approximately 9260 acres of land designated for Rural Residential purposes in the Land Use Plan. If developed at an average density of 0.473 dwelling units per acre of land, with 15% of the land subtracted out for streets and roads, the holding capacity of the area in terms of residential dwellings is 3,723. If multiplied by the 1990 estimated population per household (2.52), the population would be 9,382 at buildout. Pace 84 "Retail Trade Areas" category Add third paragraph.. The potential for limited retail areas, only as designed as a component of a planned Rural Village, does exist in the defined service corridor. Such a retail area would be permitted according to standards defined in the Orange County Zoning Ordinance, and would be designed at a pedestrian -scale to serve only the Rural Village area, discouraging external passer -by traffic from entering the community. SECTION VII. OVERVIEW OF IMPLEMENIATION STRATEGIES Pace 90 Water and Sewer Extension Policy The Orange Water and Sewer Authority ( OWASA) is the provider of water and sewer in the JPA. OWASA policy is to extend water and sewer in accordance with the adopted policies off the applicable local governments. Current Orange County policy is to approve water and sewer extensions only to: 1) Areas designated as Transition on the Land Use Element of the Orange County Comprehensive Plan; 2) Areas designated as Transition in this document and its accompanying Land Use Plan Map; and 3) Planned Rural Village developments in the Rural Boundary - only in the predefined Rural Village Development Corridor. Only Rural Village developments in this corridor are eligible for such extension. 4) Emergency situations requiring the extension of water and 34y sewer services, as defined in the Orange County Water and Sewer Policy. Suggestions have been made... <DELETE LAST SENTENCES END OF PROPOSED JOINT PLANNING LAND USE PLAN TEXT AMENDMENTS 35 2. PROPOSED CHANGES TO THE JOINT PLANNING AGREEMENT adopted November 2, 1987. (Also herein referenced as Appendix A, Joint Planning - Area Land Use Plan). ARTICLE I Section 1.2 G (Page 3, "Rural Buffer") ...This area is further defined as being a low- density area consisting primarily of single - family homes situated on lots having an average lot size of 1.92 acres or greater, or lots within planned developments that provide 40 -80% open space with a density of between 0.5 and 0.84 units per acre. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition Area, is rural in character and which will remain rural, contain low- density residential uses, and not require urban services (public utilities and other Town services), with exception only in the case of "Rural Village" planned developments as defined in the Orange County Zoning Ordinance, which shall be permitted only in a predefined corridor in close proximity to current service areas. END OF AMENDMENTS TO THE JOINT PLANNING AGREEMENT 36 DpQff�M.NUTE= Rfl"VvdO 2 ORANGE COUNTY BOARD OF COMMISSIONERS 3 CHAPEL HILL TOWN COUNCIL 4 CARRBORO BOARD OF ALDERMEN 5 AND 6 ORANGE COUNTY PLANNING BOARD 7 AUGUST 30, 1990 8 9 10 The Orange County Board of Commissioners met jointly with the 11 Chapel. Hill Town Council, the Carrboro Board of Aldermen and the 12 Orange County Planning Board for a Joint Planning Public Hearing on 13 August 30, 1990 at 7:30 p.m. The meeting was held in the auditorium 14 of Phillips Junior High School, Chapel Hill, North Carolina. 15 16 BOARD MEMBERS PRESENT: 17 18 ORANGE COUNTY BOARD OF COMMISSIONERS: Chairman Moses Carey, 19 Jr., and Commissioners Stephen Halkiotis, John Hartwell, Shirley E. 20 Marshall and Don Willhoit. 21 CHAPEL HILL TOWN COUNCIL: Mayor Jonathan Howes and Council 22 Members Julie Andresen, Joyce Brown, Joe Herzenberg, and Arthur 23 Werner. 24 CARRBORO BOARD OF ALDERMEN:. Mayor Eleanor G. Kinnaird and 25 Aldermen Jay Bryan, Jacquelyn Gist, Hilliard Caldwell, Tom Gurganus 26 and Frances Shetley. 27 _28 COUNTY ATTORNEY: Geoffrey Gledhill 29 30 COUNTY STAFF PRESENT: County Manager John M. Link, Jr., 31 Deputy Clerk to the Board Kathy Baker, Clerk to the Board Beverly A. 32 Blythe, Planning Director Marvin Collins, Planners Emily Crudup and 33 David Stancil. 34 35 NOTE: All documents referenced in these minutes are in the permanent 36 agenda file in the Clerk's office. 37 38 A. OPENING REMARKS FROM THE CHAIRMAN 39 Moses Carey, Jr. called the meeting to order and welcomed 40 the members of the Carrboro Board of Aldermen, the Chapel Hill Town 41 Council, staff members from the two municipalities, the Rural 42 Character Study Committee and the citizens to the Joint Planning 43 Public Hearing. 44 45 B. PUBLIC CHARGE 46 Chairman Moses Carey Jr. read the public charge. 47 48 C'. JOINT PLANNING PUBLIC HEARING 49 50 COMMENTS FROM MEMBERS OF THE RURAL CHARACTER STUDY COMMITTEE 51 CLINT BURKLIN, Chairman of the Rural Character Study 52 Committee stated that the Committee is composed of a broad sampling of 53 the many groups that work and live in the rural buffer as well as 54 other groups in the county. The diversity in both the committee and 5-7 2 1 the community meetings taught them a lot about the needs of the rural 2 buffer community. They learned from the farming community about the 3 importance of land to their livelihood today and as a source of income 4 when they retire. They learned from the established family about the 5 importance of being able to give small portions of their land to their 6 children and grandchildren. They learned from the conservationists 7 and the custodians of Duke Forest about the importance of open space 8 and natural areas to the supply of clean air and clean water and they 9 learned from the Economic Development Commission about the importance 10 of growth to the economic health of this community. They learned 11 about the need for affordable housing. When they focused on 12 developing recommendations, they learned how hard it was to meet the 13 diverse needs of the many community groups in the Rural Buffer. They 14 studied numerous options going back to the community for help and 15 suggestions. Through the process they had to share in the give and 16 take of individual benefits for the sake of the greater benefits of 17 the community as a whole. Tonight, the Study Committee presents their 18 recommendations to the governing boards. They feel the 19 recommendations meet their two basic.objections. First, the 20 recommendations provide the residents of the Rural Buffer with greater 21 flexibility to develop their land. There are five options in the 22 recommendations with each option being the choice of the landowner and 23 incentives for compensating the landowner for inconveniences of 24 preserving rural open space. Second, the recommendations provide )25 greater protection for the beauty of the natural areas of the Rural 26 Buffer. Each - option promotes less disturbance to the land than the 27 current development options. Burklin referred to a request that a 28 study group of the three governing boards be established to take over 29 the Rural Character Study after this public hearing. The Committee is 30 concerned that this approach may overlook the vast amount of knowledge 31 that has been developed by the Study Committee and runs the risk of 32 reinventing the wheel and the time delays associated with that which 33 may not involve the public in the process. He invited everyone 34 present to take this opportunity to make this a learning process and 35 to share and exchange ideas. 36 LIVY LUDINGTON, member of the Rural Character study 37 Committee, talked about the committee itself. It allowed those with 38 different backgrounds, interests and issues to work together and air 39 their differences and come up with an agreement. The common bond of 40 all these different groups is that they all care about this community. 41 She feels they have a respect for each other and an understanding 42 about the priorities of each group which led to a plan which is a 43 beginning. There has been a lot of giving and taking and a lot of 44 listening to other people in the community. The Committee feels this 45 has been a cooperative effort with a real balance in the plan. She 46 hopes that those who work on the plan after tonight understand that 47 there is a very continuous balance and that it is built on the trust 48 that they feel they have established with each other and with other 49 citizens in the community by listening to them. She hopes that those 50 that make suggestions think about how they can all be working together )51 and to be listening to each other. 52 BOB STRAYHORN, member of the Rural Character Study 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 )25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 _)51 52 ss M M a Q V 3 Committee, stated that he recommends the changes being presented tonight to his friends who own property in the Rural Buffer. The changes will make it better for them to live with the Land Use Plan and what is happening in the RB. If this is adopted, it will remove most of the frustrations in getting through the process. He stated that there is no way to satisfy those people who want no rules in the RB or those that want no growth in the RB. This is a good balance with a lot of give and take. They tried to be sensitive to the concerns of the landowner. He hopes that the Committee will be allowed to bring this study to a conclusion and that it will not be given over to another committee. NOTE: The following three items are so integrally related to each other that they were considered together under one presentation. Following each item is a brief summation of each topic. The presentation and comments follow these brief summaries: 1. CONCEPTUAL GUIDELINES FOR THE RURAL BUFFER This item was presented to receive public input on the recommended strategy for the Rural Buffer, as adopted by the Rural Character study Committee. 2. LUP -4 -90 JOINT PLANNING AREA LAND USE PLAN This item was presented to receive public input on a proposed amendment to the text of the Joint Planning Area Land Use Plan for Orange County, Chapel Hill, and Carrboro. These amendments are part of a three -part package, related to the recommended strategy for the Rural Buffer entitled Conceptual Guidelines for the Rural Buffer, and an amendment to the Joint Planning Agreement. The amendments to the text of the plan involve changes to the following sections: section III. Infrastructure and Public Services Section V. Joint Planning Operating Principles Section VI. Future Land Use - JPA Section VII. Overview of implementation strategies These amendments all deal with one of the following issues: 1) Extension of water and sewer into a defined corridor for planned "Rural Villages ". 2) Development standards for lots in the rural Buffer. Currently, a minimum lot size of two -acres is required. The proposed standards would retain that standard as one of five permitted development options, adding others that provide for larger lots and /or.environmentally- sensitive site design through clustered or planned developments. 3) Creation of "Rural Villages ", with a small scale commercial core designed to serve the village only. 3. JOINT PLANNING AGREEMENT 39 4 1 This item is to receive public input on a proposed amendment 2 to;the Joint Planning Agreement for Orange County, Chapel Hill and 3 Carrboro. This amendment is directly related to and contingent upon 4 the previous related items. Specifically, the proposed amendment 5 would add language which refers to the creation of five permitted 6 development options with a range of lot sizes and open space set - 7 asides. Language would also be added to qualify the prohibition on 8 public water and sewer service extension to allow an exception for 9 extensions into a predefined service corridor only for the development 10 of planned "Rural Villages ". 11 12 13 SLIDE PRESENTATION (The complete narrative is in the permanent agenda 14 file in the Clerk's Office). 15 16 DAVID STANCIL made the presentation of the staff report. He 17 stated that the Committee began by considering its four goals: 18 (1) Agricultural Preservation 19 (2) Natural Resource Protection 20 (3) Visual Resource Protection 21 (4) Growth Management 22 Also, they considered a fifth unwritten goal of providing rural buffer 23 property owners with more flexibility. In the Conce tual Guidelines 24 for the Rural Buffer, each goal is addressed both individually and X25 comprehensively. _._' 2 6 27 AGRICULTURAL PRESERVATION 28 Since many farmers were concerned that making a living in 29 agriculture was becoming more difficult, the Committee adopted 30 strategies that would encourage agriculture to coexist with future 31 development by allowing agriculture in open space set - asides. 32 33 NATURAL AND VISUAL RESOURCES 34 The Committee concluded that by.recognizing and encouraging the 35 protection of natural resources in the buffer by landowners, the goal 36 of protecting the environment might be greatly furthered. This can 37 best be accomplished by encouraging development to cluster with open 38 space set - asides that include environmentally - sensitive areas. The 39 further use of flexible site - sensitive design standards in the 40 strategy for the rural buffer also enhances this goal. 41 42 GROWTH MANAGEMENT 43 The Rural. Buffer, as a part of the Joint Planning Area Land Use 44 Plan for Orange County, Chapel Hill and Carrboro plays a critical 45 growth management role for the future of both the County and the 46 Towns. Its purpose as a rural "greenbelt" separating the urbanized 47 areas from other suburban and urban areas is very clearly stated in 48 the Joint Land Use Plan. The Committee's goal was to find a way to 49 encourage clustered development that discouraged rural sprawl, are low 50 density and yet protect and preserve open space and resources through )51 sensitive site design. Such a program would meet both the goals of 52 the Joint Planning Land Use Plan and the Committee. In hearing the M M a ff 4 Me 5 1 concerns of the rural buffer residents (including those on the 2 Committee) the task force decided that a fifth unstated goal of the 3 study should include finding a way to achieve the aforementioned goals 4 while at the same time providing flexibility for rural residents who 5 have no desire to carve their entire tract into two -acre building 6 lots. The allowance of current permitted uses, the provision of up to 7 2 1 -acre lots to keep "family- type" developments from becoming large - 8 scale ones, and incentives for large -lots are ways that flexibility is 9 provided in this package. 10 11 THE FIVE DEVELOPMENT OPTIONS 12 In coming up with development options for the rural buffer, the 13 Committee felt strongly that each option (with one exception) should 14 be permitted by right, since all achieve the goals of the rural buffer 15 in one manner or another. All of the options use voluntary 16 conservation encouraged through open space set - asides and conservation 17 easements in large lots. All allow slightly different overall 18 densities depending on open space and resource protection. Even the 19 most dense of the options the Rural Village has an overall low 20 density. The options utilize a sliding scale that offers slight 21 density bonuses in exchange for the provision of permanent open space. 22 23 24 OPTION A is basically the current standard of two acre lot )25 development. It would allow residential development averaging 1.84 /26 acres per lot. This option would utilize voluntary conservation 27 through conservation easements that might protect natural sites within 28 the private open space of a lot. 29 OPTION B encourages those who would go above and beyond the 30 proposed low- density standard to create lots of five acres or more. 31 Such developments would be limited to a maximum of 200 acres per 32 development. 33 OPTION C utilizes open space set - asides in return for slight 34 density bonuses.. Property owners determined to develop their land 35 might set aside almost 1/2 of their tract in agriculture or natural 36 forest and develop the other half with lots of almost 1 -acre in size. 37 OPTION D expands upon Option C in that property owners wishing to 38 develop might set aside 2/3 of their tract in agriculture or natural 39 open space and develop on the remaining 1/3 using lots of 1/3 acre 40 average. This development option would require community water and 41 sewer. 42 OPTION E is that of the Rural Village. The Rural Village would 43 be a self- sustaining community that allows residential lots averaging 44 at 1/4 acre surrounding a commercial core designed to provide services 45 such as banking, dining and goods to the village residents only. This 46 "urban -like atmosphere" would be surrounded by vast amounts of open 47 space on all sides, such that it would be buffered from roadways and 48 environmentally - sensitive areas. Four of every five acres in a tract 49 to be developed as a rural village must be left in open space. Only 50 one of every five acres could be developed. Public water and sewer )51 would be required, and therefore these developments would be permitted 52 only in a predefined corridor mutually agreed upon by the County, M M a ff 7 41 N 1 Towns and OWASA. A minimum tract size of 200 acres would be required. 2 3 In order to augment the package proposed by the Committee, they 4 identified several issues for further study. (1) the potential use of 5 a Transfer of Development Rights System, (2) the endorsement of a 6 Purchase of Development Rights system where agricultural and natural 7 sites might be preserved (3) the endorsement of the proposed County 8 Monitoring and Maintenance for wastewater systems and others. 9 David Stancil concluded the slide presentation by stating that 10 the Rural Character study Committee has attempted to propose a package 11 that recognizes both resource protection and private property rights 12 for what they are, and identified a first step toward peaceful 13 coexistence of these two land concepts as Orange County approaches the 14 21st Century. 15 16 STAFFS RECOMMENDATIONS 17 All three staffs are in consensus on the positive aspects of the 18 concepts that have been identified by the study committee in their 19 strategy. In the agenda is a joint staff report. Four areas have 20 been identified as concerns by the governing boards: 21 22 (l) EXTENSION OF PUBLIC SEWER TO RURAL VILLAGES 23 Currently water and sewer is not present in the buffer. 24 By extending water and sewer into these areas, '125 development may be encouraged at densities in the ,..26 future beyond those seen in the Joint Land Use Plan. 27 The study committee has recommended that these lines be 28 designed to service these villages only. 29 (2) OVERALL MINIMUM LOT SIZE BASIS 30 The Rural Character Study Committee proposed that the 31 overall minimum lot size calculations for developments 32 in the RB revert back to a 1180,000 square footage" base 33 rather than the current 112.0- acre" base. The concern 34 of Chapel Hill and Carrboro staff is that reducing the 35 minimum lot'size from 2.0 acres to 1.84 acres will 36 result in a greater number of dwellings in the Rural 37 Buffer than was envisioned by the Joint Planning 38 Agreement and Land Use Plan. Orange County staff feels 39 the increase that might be seen in number of dwellings 40 is very slight, and that any increase would be offset 41 by the flexibility granted - yielding more sensitive 42 site design. 43 (3) MINIMUM LOT SIZE VERSUS AVERAGE LOT SIZE 44 The Rural Character Study Committee has recommended 45 allowing the use of "average" lot sizing rather than 46 "minimum" lot sizing for non - sewered residential 47 developments in the Rural Buffer. The Chapel Hill 48 staff is concerned that this flexibility would be 49 achieved at the expense of increased densities and .50 number of dwellings over what was envisioned in the )51 Joint Planning Agreement and Joint Planning Area Land 52 Use Plan. The position of Orange County and Carrboro 42- 7 1 staffs is that the increase that might be seen in 2 number of dwellings is very slight and that any 3 increase would be offset by the flexibility granted - 4 yielding a more sensitive site design. 5 (4) ONE -ACRE LOTS FOR EXISTING LOTS OF RECORD 6 The Study Committee proposed to allow 2 1 -acre lots for 7 each 1987 lot of record. All three of the planning 8 staffs agree that the allowance of all such tracts to 9 create two one -acre lots might be damaging to the 10 concept and function of the Rural Buffer. The staffs 11 recognize the concerns that the Committee were trying 12 to address and would pledge to pursue other methods and 13 means of achieving that goal. 14 15 STAFF RECOMMENDATION OF EACH JURISDICTION 16 17 CHAPEL HILL PLANNING STAFF i8 The Chapel Hill Planning Staff recommends conditional 19 approval of the Rural Buffer strategies as outlined in the staff 20 report. The staff recommends against specific provisions that would 21 allow public sewer extension to rural villages, square footage minimum 22 lot size, average lot size flexibility and two one -acre lots per 1987 23 lot -of- record. In addition, the Chapel Hill staff further recommends 24 that, as proposed in the Town Council's public hearing resolutions, a •.25 Joint work GrouR be appointed to further discuss the policy issues of ..'26 the proposals. It is recommended that this Joint Work Group consist 27 of, elected officials from each jurisdiction, a representative from 28 OWASA, and a representative from the Rural Character Study Committee. 29 The Chapel Hill staff also recommends that the proposed amendments to 30 the Joint Planning Area Land Use Plan and Agreement be deferred 31 pending conclusion of discussion by the Joint Work Group. 32 33 CARRBORO PLANNING 'STAFF 34 The Carrboro Planning Staff recommends endorsement of the 35 Conceptual uidel'nes or the Rural Buffer with two exceptions. 36 First, that the provision calling for reintroduction of lot sizes 37 based on square footage not be pursued, and second that the 38 proposed allowance of two one -acre lots per 1987 lot of record 39 also not be pursued. The Carrboro staff recommends approval of 40 those amendments to the Joint Planning Area Land Use Plan and 41 Agreeme2tt that do not conflict with these exceptions. The 42 Carrboro staff does not recommend the establishment of a joint 43 work group unless said group was very narrowly focused, had a 44 deadline for resolution and did not duplicate the efforts of the 45 Rural Character Study Committee. 46 47 ORANGE COUNTY 48 The Orange County staff recommends endorsement of the 49 strategies contained in the Conceptual Guidelines with the sole 150 exception being the provision of two one -acre lots for each 1987 )51 lot -of- record. They recommend approval of the proposed Joint 52 Planning Area Tand Use Plan nd Agreement amendments. In regard D G3 I ff V 8 1 to the Joint Work Group, the staff recommends against the 2 establishment of such a group. However, if such a work group is 3 desired, County Staff would recommend a limited scope of review 4 to issues, specified timeframe and the appointment of two members 5 of the Rural Character Study Committee to insure continuity. 6 7 OUESTIONSICOMXENTS FROM MEMBERS OF THE GOVERNING BOARDS 8 MAYOR ELEANOR KINNAIRD questioned if an option is chosen for the 9 large acreage of land which is setaside, how can the land be 10 guaranteed to be setaside forever. David Stancil indicated this would 11 be a condition of final plat approval. 12 COUNCIL MEMBER JULIE ANDRESEN asked what assurances would be made 13 to be sure that roads are adequately built so that the cities would 14 not need to repair or replace them at a later time. Stancil stated 15 that this concern would be addressed in the County Ordinances. 16 PLANNING BOARD CHAIR BETTY EIDENIER stated that the Rural 17 Character Study Committee has worked to achieve a consensus. She 18 feels it extremely important that elected officials accept these 19 concepts and begin to implement them rather than study them further. 20 In answer to a question about the extension of water and sewer, David 21 Stancil stated that other communities have been able to address this 22 concern but not in the same context. 23 COMMISSIONER STEPHEN HALKIOTIS stated that the report represents 24 a compromise. He does not support alternative systems. He supports )25 the extension of water and sewer which is controlled by sizing and 26 regulations. . 27 COUNCIL MEMBER JIILIE ANDRESEN stated she is greatly disturbed 28 about putting water and sewer in the Rural Buffer. She feels it would 29 change the Rural Buffer to something that is not urban and by adding 30 that element change significantly the Joint Planning Agreement. 31 32 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS 33 JUDSON EDEBURN, Duke Forest Resource Manager, read a prepared 34 statement. He asked that a paragraph be included in Section II.4 of 35 the Conceptual Guidelines for the Rural Buffer which would provide 36 appropriate measures to protect and enhance the values of the large 37 contiguous tracts of open land represented by the Duke Forest within 38 the Rural Buffer and facilitate continued management of the Duke 39 Forest as a research and teaching resource. 40 LOIS HERRING, Chair of the OWASA Board of Directors read a 41 prepared statement. OWASA believes that the recommendations for 42 limited =extensions of public water and sewer service into portions of 43 the Rural Buffer may not be possible to implement. They feel that 44 these issues should receive substantially more technical and policy 45 consideration before the Joint Planning documents are amended. Also, 46 OWASA would like a clear answer regarding what role, if any, OWASA is 47 expected to play regarding water and sewer service in the Rural 48 Buffer. 49 VICTOR TRIPP, speaking on behalf of the Chapel Hill and Bingham 50 Landowners Group, commended the Rural Character Committee for their j51 work. He read a prepared statement endorsing the recommendations. He 52 stated that the recommendation reflects the true consensus of the 9 1 property owners. They are workable and less complicated than the 2 regulations now in place. These recommendations promote development 3 at affordable prices. He feels the rural boundary will be protected 4 as well as the resources. Also, the rights of the property owner to 5 develop their property have not been denied. 6 MARK O'NEAL, local real estate broker and developer, commended 7 the Committee for their time and effort to understand the issues and 8 to build a consensus among a varied group of individuals. He supports 9 the recommendations because they have taken an approach which creates 10 incentives as opposed to mandates. With the creation of the Rural 11 Buffer, houses in excess of $200,000 are being created. The 12 Committee's proposal creates an opportunity to create housing in the 13 $150,000 category. Through the tighter clustering process, the 14 preservation of green space is greatly enhanced and the areas are 15 larger. Many of the concerns of the smaller property owners are 16 addressed in the recommendations. In summary, he feels the County has 17 a very good framework to move forward and he hopes the governing 18 representatives will approve. 19 DON COLLINS voiced his approval of the Conceptual Guidelines. 20 While he does not approve of alternative septic systems, he does agree 21 with extending water and sewer into the Rural Buffer because there is 22 60 -70% of the land in the RB that will not perk. 23 HENRY WHITFIELD asked about land that does not perk. He asked 24 who will support the empty land or open space. He asked how many '�25 total people they estimate would be put in this 38,000 acres. He -_- 26 wanted to know if development in this area would increase the tax base 27 or.cost the County additional money. 28 In answer to Whitfield's question about land that does not perk, 29 David Stancil indicated that according to soil scientists, 45% of the 30 land does not perk. There are two provisions that enhance this 31 situation. With regard to open space, it could be private, public, 32 deeded to a private conservation organization, etc. It is entirely up 33 to the property owner. The proposal will not alter the number of 34 people placed in the Rural Buffer. The big difference is that two to 35 three times more open space will be preserved. 36 Mr. Whitfield feels the County has put constraints on the use of 37 the property he owns in the Rural Buffer. 38 SCOTT RADWAY, land developer consultant, expressed concern about 39 the open space. He feels that once there is a consensus from a 40 diverse group, the governmental bodies should be very cautious about 41 changing it. He feels that lot averaging may give someone one or two 42 lots and feels it has many more benefits-than problems associated with 43 it. He stated that if lot averaging allows someone one or two more 44 lots and is a good design and.functions and can provide a variety of 45 lots and a variety of housing which may have different pricing within 46 the same development area that these things are all positives -- not 47 negatives. As he understands the permitting of two one -acre lots 48 would add about 330 additional units in that option which would 49 represent the consumption of one percent of the land area. He feels 50 this is a minor issue. He referred to Option B and indicated that the )51 process of approving a plan is important and input is valuable. 52 JEF stated that the society of the County is changing. He feels ' 45 10 1 that as society changes so will development. He does not feel that 2 the concept of infill will be avoided by clustering. He feels the 3 Conceptual Guidelines should include regulations for annexibility. 4 5 TED LATTA commended the Study Committee for the work they have 6 done. He stated that one thing not mentioned is that the Rural Buffer 7 was put in place to stop Chapel Hill /Carrboro growth. He feels that 8 Chapel Hill will continue to grow and that there will be water and 9 sewer in the Rural Buffer. He feels the plan is a good one and one 10 that the governing boards should consider and approve. 11 12 DOLLY HUNTER, member of the Rural Character Study Committee, 13 noted that in regard to ownership of open space, that in a cluster 14 development, all the people that buy into the development could 15 jointly own the open space and have in their covenants guidelines for 16 doing so. The ratio the Committee created for the cluster plans and 17 the rural village presents some different options. She stressed that 18 these numbers were very difficult to get to. These options help a lot 19 toward affordable housing. She asked that they not be changed. They 20 have recommended that the villages be near the municipalities so that 21 it will be affordable to extend water and sewer. 22 23 CHAIRMAN MOSES CAREY CLOSED.THE PUBLIC HEARING 24 .1--\25 CHAIRMAN CAREY asked for a motion to refer the recommendations to 26 the appropriate planning staffs for a recommendation and /or specific 27 items to a work group for further study. 28 29 COMMISSIONER HARTWELL noted there is not a consensus on extending 30 water and sewer. He made a motion to refer the Conceptual Guidelines 31 for the Rural Buffer, except scenario "E", to the Orange County 32 Planning Board and for action to the two Town Boards. Commissioner 33 Marshall seconded this motion.. (This motion was withdrawn after 34 further discussion). 35 36 COMMISSIONER WILLHOIT suggested that those items be referred on 37 which there is a consensus and the remaining items be considered 38 separately to determine how to handle. 39 40 COMMISSIONER MARSHALL stated that one of the main reasons for a 41 work group is the complexities of what citizens don't exactly feel and 42 understand. She does have a problem with the work group in that the 43 last time there was a work group, there were suggestions made and yet 44 there was an awful lot of feeling that because the group was composed 45 of members of each governing body that the final agreement would be 46 one that would be endorsed by all. This was not the case. Not one or 47 two members of any board can speak for the whole board. It is 48 extremely important to understand that this is advisory. She 49 commended the Committee for facing up to the difficulties encountered ..50 and the leadership provided to reach out into the community which has J51 gained public support. She would like at least four or five members 52 of the Rural Character Study Committee on any study group that is 4G __ 11 1 developed to do any further studying. 2 MAYOR JONATHAN 80WES commended the members of the Study 3 Committee. The degree of support is quite unique on issues of this 4 kind in Orange County. He does not want to do anything to revisit the 5 issues that would destroy the consensus that the Committee has brought 6 to the process. The suggestion that some kind of a working group be 7 created was an attempt to recognize that as the Committee gets the 8 recommendations to a point of being adopted by the governing boards 9 that those governing boards are going to have the final say and need 10 to work it over a little bit to be sure they are comfortable with it. 11 The concern of staff and Town Council is the issue of water and sewer 12 extension. The question of lot size has a technical dimension that 13 also has a policy dimension. These are concerns that will require 14 some deliberation by the Council. He is not sure what the composition 15 of such a group should be but is not against there being a substantial 16 representation of the Rural Buffer Task Force or as many as possible. 17 TOM GUGANUS stated he has never heard such consensus for any one 18 group as for this Study Committee. He encouraged the group not to 19 form another committee or subgroup. He feels the issue would center 20 on water and sewer and once that issue is turned over to the public 21 officials, it would possibly unravel everything the committee has 22 recommended. He endorses all the recommendations of the Study Group. 23 COMMISSIONER STEPHEN HALRIOTIS stated that there is no way anyone 24 has a full understanding of what has been involved with doing this " 25 study. He feels that a study group is not necessary. If a study X26 group is approved, it is vitally important to use the expertise an the 27 Study Committee. 28 CHAIRMAN MOSES CAREY stated that there seems to be a consensus 29 that if a study group is established that members of the Study 30 Committee be included as well as a limited number of elected officials 31 from each of the governing boards and a member of OWASA and the 32 Economic Development Commission. The purpose of the working group is 33 to provide a forum for which elected officials can be educated more 34 than they have up to this point and to-continue discussions in a forum 35 that move the issues closer'-to consensus. He also asked that 36 Hillsborough be included in the discussion to broaden their knowledge 37 of the issues addressed by these guidelines. 38 39 CHAIR CAREY restated the motion to refer all options except "E" 40 to each of the towns and to the Orange County Planning Board for a 41 recommendation to come back no sooner than October 1. 42 43 SUBSTITUTE MOTION 44 COMMISSIONER WILLHOIT made a substitute motion to refer to a 45 study group made up of members of each municipality, the Rural 46 Character Study Committee and OWASA the issue of extension of sewer 47 into the Rural Buffer and that the remainder of the Conceptual 48 Guidelines be referred to the towns of Chapel Hill and Carrboro and to 49 the Orange County Planning Board for a recommendation to be returned 50 to the Board of County Commissioners no sooner than October 1. This �51 motion was seconded by Commissioner Marshall. 52 NOTE: NO VOTE WAS TAKEN ON THIS SUBSTITUTE MOTION. . i . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 )25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 M a ff 7 a, 12 COMMISSIONER MARSHALL noted that there is a disagreement on the dividing of two one -acre lots. The Planning Staff indicated their awareness of this problem and that this would again be restudied for a resolution. She feels that this should also be studied by the study group as well as the extension of sewer into the Rural Buffer. COUNCIL MEMBER WERNER stated that in order to implement this proposal, action will need to be taken by three separate governing bodies. The Chapel Hill Council has not discussed this fully and not expressed their opinion and he believes Carrboro has not fully discussed it either. He would like to have the opportunity for the Council to discuss the entire study so they can decide their position without having any of the options ruled out before doing so. He asked how the Study Committee felt about adopting parts instead of the whole report. Clint Berklin stated he feels it very important to discuss it as a whole package because it is part of a balance of a give and take effort. It is best discussed as an overall package. The Committee would be willing to supply as many committee members to help with the education effort. They have worked with the public during the entire process. If the report was taken apart, they would feel it important to go back to the community groups they have promised the whole package to because it would not be the same thing they took to them before and their comments would not apply. SUBSTITUTE MOTION Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer the entire package to the Governing Boards for consideration and to the Orange County Planning Board for a recommendation to come back to the Board of Commissioners no sooner than October 1. COMMISSIONER HARTWELL WITHDREW THE ORIGINAL MOTION ON THE FLOOR. THE SUBSTITUTE MOTION BECAME THE MAIN MOTION ON THE FLOOR VOTE: UNANIMOUS ADJOURNMENT With no further items to be considered at this Joint Planning Public Hearing, Chairman Carey adjourned the meeting. Beverly A. Blythe, Clerk Moses Carey, Jr., Chair Elp ALTERNATIVE 2, LUP -4 -90 10 /16/50 9(20190 1. SPECIFIC CHANGES TO TEXT OF JPA 1,PS'D USE PLAN SECTION III. INFRASTRUCTURE AND PUBLIC SERVICES Paae 32 °water and Sewer Issues..." last cranh (NOTE: The purpose of this change is to clarify and add to e. %istiag language in the Plan which outlines differe:'t r„ethods of wasteWater collection. A new final paragraph has -CL: - 'F_ DFE cd�B 7,,n t. crenCF ^c 2w.FC. :,o.i_tG'red altcrnC _1JC c•.c�E.- c �r7t *, "r�' c_�n .,w _a e portions of the buffer. This section is aescrip:Ive in nature and does not relate to the location Cr means of wastewater pravisior, beyond the outline currently present in the olan. ) "The New Hope Creek Basin and the "Southern Triangle" cannot easily be served since they are both "over the ridge" from the existing wastewater collection system and treatment plant. Alternative means of providing wastewater collection, 4reatm.ent and disposal services in these areas are: - ma-, c_ ournp star ion and force main - Limited number of smaller, interim pump stations - Construction of a new wastewater treatment facility - Series of <DELETE> alternative or package treatment facilities - Individual on -site wastewater disposal systems At this time, the final two alternatives shown above (Alternative /Package systems and individual on -site disposal) appear to be more feasible for the New Hope basin and the "Southern Triangle ". To ensure that any alternative wastewater systems in these areas are properly maintained and adequately monitored, these systems should be permitted only under the premise of public oversight through a public entity to be named by the three governing bodies. Public oversight of alternative systems might greatly mitigate concerns over the function and place of such facilities." SECTION V. JOINT PLANNING OPERATING PRINCIPLES Page 60 "Rural Buffer and Conservation." (NOTE: Iris section of the plan ex la.ins the ,joint rla:�niny Land Use Classification System. Language is being added to clarify the definition of the Rural Buffer category in terms of the Rural Character Study Committee's recommendations. Also, it should be noted here that, although the University "r' •1 1G /w6 /SG 91 Z Igo Lake watershed is a pertian c_` :he Rzzral E::ffe -, developme -rt standards for that portion of the buffer are implemented by the ULW watershed overlay district -- which supersedes the definition of the buffer provided in this passage.) „The Rural Buffer area is defined as being a low - density area consisting primarily of single-family homes situated on lots having an average lot size of 80,000 square feet or greater; or lots within Manned "cluster" developments thet nra�•4de between 40 c:nd 80 percent oven space wft correspondin r. 6ensities of betwee:r. C.E a::G C.L., a n_.E Der &arc:, aE acw�ne:. _n. the Rural Character ` L­70, - -` -- Guidelines for the Rural Buffer, adopted may 24, 1990 wilt, revisions of September 20, 1990. The Rural Buffer is further defined as land which, al:houc adjace: to an Urban or Transition area, is rural in character and wh; ch will rem&_ -n rural, contain residential uses that have an overall low - density, and not require the physical extension of urban services (public utilities and other Town services). The Rural Buffer consists of ...' PC: 0 6 ' ^'.L==ay e5 t"_ -_ ; C" P. _Qe-- _c._ r_ (The Rural Residential subcategory is briefly outlined here. This classification is identical to the Rural Buffer classification above, and therefore changes proposed are the same.) "Rural Residential Areas are low- density areas consisting primarily of single - family homes situated on lots having an average lot size of 80,000 square feet or greater; or lots within planned "cluster" developments that provide between 40 and 80 percent open space with corresponding densities of between 0.5 and 0.84 units per acre, as defined in the Rural Character Study Committee's Ponce tual Guidelines for the Rural Buffer, adopted May 24, 1990 with revisions of September 20, 1990. In that respect, Rural Residential Areas are identical to the definition of the Rural Buffer." SECTION VI. Fi=RE- -LAND USE - JOINT PLANNING_AREA- Pane 83, "Rural Residential.'_ (Where the change to the "Rural Residential" definition on page 61 was brief, the Fur:: -e La: c Use section relates anticipated future land development in a general, but more locally- descriptive form. The only changes proposed here again clarify the definition of this land use category in terms of the new proposals, and also add language in 3 SG 10/16/90 9j20j90 another existing section to include the potential for use of publicly designed, installed, maintained and monitored alternative wastewater as an possible means of provision. Lastly, please note that this section mentions lot sizes - e }.pressed in terms of acres her unit (whereas other portions of the plan refer to dersits7 r- expressed in u::its �ner a ore . ) TnD -�L:_G, GC�v� -. .. �C.1 CC. .. C'r `"5 r•� r em reser'1'.. C_ _QTr'.�4 P.... _ . E: -eE C_is IC_ -or ly Gf, u_I C_'. E- G� - ^� n ^cc<i -hr ouch 4 � r' radatic Lip ' ✓�� C �':1G " � C�: �10::� ) C -U!r; LC- e resources, protect fazmland, or enhance rural character. The average lot size in this category varies from 4.59 acres per unit in large -lot developments to an overLll average of 1.2 acres per unit in the Rural Village development opticn. This category is identical to the Rural Buffer category contained in the current Land Use Element of the Orange County Comprehensive Plan. The Rural Buffer.category is described in the element as land adjacent to an Urban or Transition area w'r.ich is r;:-a1 in character and which should remain :-Ural; coma_n <C LETE> lc,,.- ders_t,= res_ce..t�sl Us' a:zd nc.t rEcsi re the physical a :,ter.-sion Of urban services (weter a.— sewer) from the urban areas during the Plan period. To the north -of Chapel Hill and Carrboro in the New Hope Creek drainage basin, low density... Residential developments similar to Sedgefield, Stoneridge, Oak Hills, Birchwood Lake Estates and Falls of the New Hope are expected to continue, relying either on wells and septic tanks; or alternative wastewater treatment systems or package plants - where such systems are installed, designed, monitored, and maintained under the responsibility of a- viable public entity." Page 84 "Rura l Residential" cant. • ton of pace (The sole change proposed here simply replaces the old persons per dwelling unit rate for the Rural Buffer (1980) with a new rate calculated from the 1990 Census. No substantive change is needed or proposed.) "There are approximately 9260 acres of land designated for Rural Residential purposes in the Land Use Plan. If developed at an average density of 0.5 dwelling units per acre of land, with 15% of the land subtracted out for streets and roads, the holding capacity of the area in terms of residential dwellings is 3,936. If multiplied by the 1990 estimated population per household (2.41), the buildout population H 10/16/90 _ g1�o(Qo wo--ld be 9,485." Pace 84 "Retail Trade Areas" catecor (This passage deals with the land use category of Retail Trade Areas in the buffer. Language has peen added to recognize the potential for small- scale, ca,z..unity -on ly commercial services, only in the come. %t of a Rural Village "The potential for limited retail areas, only as designed as a comvonent of a planned Rural I'wllaae, does exist in certain areas. Such a retail area would be pe nritted according to standards defined in the Orange County Zoning Ordinance, and would be located in the interior of the Rural Village designed at a pedestrian -scale to serve only the Rural Village, discouraging external passer -by traffic from entering the coruiun. tv . " SECTION VI-L. OVrR%77EW OF Pace 90 Water-and wSewer Extension Policy (This section has been rewritten to restate the areas within which "current Orange County policy" would permit physical water and sewer extensions (Transition Areas and /or a public health hazard). A new paragraph has been added to recognize the potential for a different type of "public sewer" in certain locations of the buffer - that of publicly designed, installed, maintained and monitored alternative systems. This new passage also makes clear that this type of public oversight is the o� type of public sewer that might be acceptable in the Rural Buffer at present - the specifics of which would be defined by the governing boards of the Joint Planning Area. "The Orange water and Sewer Authority (OWASA) is the provider of water.and sewer in the JPA. OWASA policy is to extend water and sewer in accordance with the adopted policies off the applicable local governments. Current Orange County policy is to approve water and sewer extensions o ly to 1) Areas designated the Orange County 2) Areas designated accompanying Land as Transition Comprehensive as Transition Use Plan Map; 5 on the Land Use Element of Plan; in this document and its and 51 10/0/90 3.) Emergency situations requiring the extension of water and sewer services, as defined in the Orange County Water and Sewer Polic . In addition to these physical extensions of OhASA service, a public entity shall be duly designated to have oversight and responsibility for the installation, design, monitoring and maintenance of alternative wastewater systems and package rlamts is the New Eope Creek and South,::-n Trlanc'e se^t..onr, of the Rural p.:f ±e= . Only untie_ suet: cluster o^ -lor.: wh -ch ut:'-.Iize open snL- :e Lnc Suggestions have been made... Ei;D OF PROPOSED JOINT PLANNING LI IND USE .P1J:% TEXT rn:wP�DT "_Ei�T'S *� * * * *,r * * *,t * *,�,t *,r�r *, taw**, t,t *•k *�r * * *,t * * * *�r *,t *,r * * *re ,r * *,t ,r * * * * * * *,t* 5� 53 ALTERNATIVE 2,. JPA AGREEMENT AMDT.,�O /16/90 °11.20 ho 2. PROPOSED CHANGES TO THE JOINT PLANKING AGREEMENT ...adopted November 2, 1987 (Also referenced as Appendix A, Joint Planning Area Land Use Plan). in regard to the Joint Planning Agreement, the strategies are consistent with the provisions of the Aareen.en -_, requiring cn F a chr-nce to the cf the p. r�� 2uffer" found _..Ar,._cle -, Section 1.21(c" . ! ���ec«_ c�._ �� c_ -_ � G -:e= .. -env . .. r_., _._.v _ .. :. -r_. v•.. � c� w e= e, to the creation of five permicced deveiopment opczoas wi :h a range of lot sizes and open space set - asides. Also, language low the proposed which woL! d cost - -nue to dissl "p "ysical extension" of pu: )lic sewer i::to the hu:±er. T: -,,.:s choice in terms is utilized to avoid confusion with the other type of "public sewer" being discussed for the buffer - "public sewer" in the context of satellite systems designed, installed, monitored and maintained by a designated public entity.) loo other changes to _ne 7-_ -ef!7e are necessary. (Where text changes are proposed, the paragraph in question has been provided, with proposed new text shown in boldface. Words or phrases deleted from existing text are indicated by the <DELETE> symbol. Provided as an attachment to this document are the actual pages from the Joint Planning Area Land Use Plan that would be amended, in their current form.) ------------------------------------------------------------- ARTICLE I, Section 1.2 (G) (Page 3, "Rural Buffer ") "...This area is further defined as being a low- density area consisting primarily of single - family homes situated either on logs having an average lot size of 80,000 square feet or greater, or lots within planned "cluster" developments that provide between 40 and 80 percent open space with densities of between 0.5 and 0.84 units per acre, as defined in the Rural Character Study Committee's Conce tual Guidelines for the Rural Buffer, adopted May 24, 1990 with revisions of September 20, 1990. The Rural Buffer is further defined as land which, although adjacent to an Urban. or Transition Area, is rural in character and which will remain ru-G =, contai.. low- density residential uses, and not require the physical extension of urban services (public utilities and other Town services)." END OF AMENDMENTS TO THE JOINT PLANNING AGREEMENT 7 arrboro N.C. P,O. Box 337 301 Vilest Main St,eet Carrboro. North Carotina 27510 X919 968 -7700 !919! 947 -8 141 TO: David Stancil, Orange County Comprehensive Planning FROM: Julia A. Trevarthen, Senior Planner DATE: October 28, 1990 SUBJECT: Carrboro's Resolution Concerning the Rural Buffer Amendments Enclosed is an "official" copy of the resolution adopted by the Carrboro Board of Aldermen on October 23, 1990, endorsing the Conceptual Guidelines for the Rural Buffer and adopting the proposed amendments to the Joint Planning Agreement and Joint Planning Area Land Use Plan. The Board adopted the October 16, 1990 version of the JPA and JPALUP amendments. I have sent Chapel Hill a copy of the resolution as well. Also, Alderman Bryan will wait to hear from you concerning the meeting schedule for the Rural Character Study Committee. In case you don't have it, Jay Bryan-.s phone number is 933 -1200 (w). once again, thank you so much for all your hard work in pulling together the amendments et al and attending the various meetings in Carrboro. Both the Planning Board and the Board of Aldermen appreciated the input from you and the RCSC members. As always, if you have any questions, please do not hesitate to call me at 919/968 -7714. 54- 55 arrboro N.C. P_0. Box 337 301 West Main Sireer Carroro. North Carolina 27510 Z9 ) 968-770r, (919:542•85e­ The following resolution was introduced by Alderman Hilliard Caldwell and duly seconded by Alderman Randy Marshall. A RESOLUTION ENDORSING THE CONCEPTUAL GUIDELINES FOR THE RURAL BUFFER, AND ADOPTING THE PROPOSED AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT Resolution No. 16/90 -91 WHEREAS; on November 2, 1987 the Town of Carrboro, the Town of Chapel Hill, and the County of Orange entered into a Joint Planning Agreement to establish a method of coordinated and comprehensive planning in the Orange County - Chapel Hill - Carrboro Joint Planning Area, of which the Rural Buffer is a part. WHEREAS; the Rural Character Study Committee (RCSC), a group of 16 County and Town citizens, was charged in 1987 with deve)oping a strategy for the preservation of Orange County's "Rural Character ", with a primary focus on a program for the Rural Buffer Portion of the County. WHEREAS; the Committee's goals in pursuing this strategy are the preservation of agriculture, the management of growth, and the protection of natural and visual resources through environmentally - sensitive site design. WHEREAS; on August 30, 1990, the Carrboro Board of Aldermen, the Chapel Hill Town Council and the Orange County Board of Commissioners held a joint public hearing to consider development strategies for the Rural Buffer as proposed by the Rural Character Study Committee in the document entitled Conceptual Guidelines for the Rural Buffer. WHEREAS; as per the Joint Planning Agreement, the implementation of the Rural Character Study Committee's proposed strategies requires text changes to the Joint Plannin Area Land Use Plan and the Joint Planning Agreement which must be approved by the Carrboro Board of Aldermen, the Chapel Hill Town Council, and the Orange County Board of Commissioners. WHEREAS; as a result of comments received at the August 30, 1990 joint public hearing, the Rural Character Study Committee and the planning staffs of the Town of Carrboro, Town of Chapel Hill, and Orange County have developed proposed changes to the original Conceptual Guidelines for the Rural Buffer document and the original amendments to the Joint Plannin Area Land se Plan and Joint Planning Agreement for consideration by the elected officials of Carrboro, Chapel Hill, and Orange County. 5(0 Page Two Resolution No. 16/90 -91 NOW, THEREFORE, BE IT RESOLVED BY THE CARRBORO BOARD OF ALDERMEN THAT: Section 1. The Board believes that the policy statements outlined by the RCSC in the Conceptual Guidelines for the-Rural Buffer are sound, and if implemented, would promote the fundamental objectives of the Joint Planning Agreement and Joint Planning Area Land Use Plan. Section 2. The Board endorses the development options for the Rural Buf f er in the Conceptual Guidelines f or the Rural Buf f er with the changes as proposed by the Rural Character Study Committee. Section 3. The Board adopts the amendments to the Joint Planning Area Land Use Plan as proposed in the version dated October 16, 1990. Section 4. The Board adopts the amendments to the Joint Planning Agreement as proposed in the version dated October 16, 1990. Section 5. The Board authorizes submittal of this resolution to the Orange County Board of Commissioners and the Chapel Hill Town Council.- Section 6. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 23rd day of October, 1990: AYES: Randy Marshall, Tom - Gurganus, Hilliard Caldwell, Eleanor Kinnaird, Jacquelyn Gist, Jay Bryan NOES: Frances Shetley ABSENT /EXCUSED: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro.;.Board of a:• Aldermen at its meeting held on October 23, 1990. SEAS;), Town Clerkm to ' °r b 4 �s CHAPEL HILL TOWN COUNCIL (ALTERNATIVE 3) RESOLUTION 2 RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT AND THE JOINT PLANNING LAND USE PLAN TO INCORPORATE OPTIONS A and B OF THE CONCEPTUAL, GUIDELINES FOR THE RURAL BUFFER AND TO PERMIT AN AVERAGE RATHER THAN A MINIMUM LOT SIZE, AND TO BASE THE AVERAGE LOT SIZE ON MULTIPLES OF 40,000 SQUARE FEET INSTEAD OF AN ACRE (43,560 SQUARE FEET), AND TO ALLOW UP TO TWO ONE -ACRE LOTS TO BE ESTABLISHED FOR 1987 LOTS OF RECORD WHICH ARE 20 ACRES OR SMALLER; AND TO CALL FOR A WORK GROUP OF ELECTED OFFICIALS TO ADDRESS THE POLICY QUESTIONS OF IMPLEMENTING THE RURAL CHARACTER TASK FORCE'S SUGGESTIONS IN THE RURAL BUFFER (91- 2- 25 /R -lb) WHEREAS, the Chapel Hill Town Council, the Carrboro Board of Aldermen and the orange County Board of Commissioners held a public hearing on August 30, 1990, on the recommendations of the Rural Character Study Committee for changes to the Joint Planning Agreement and the Joint Planning Land Use Plan; and WHEREAS, the Council finds Options A and B of these recommendations to serve the purposes of maintaining the Rural Buffer as an area which will not develop to urban densities and will not require Town services, as it is defined in the Joint Planning Agreement; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council affirms Options A and B as defined in the Conceptual Guidelines for the Rural Buffer as the development options which will maintain the character of the Rural Buffer. BE IT FURTHER RESOLVED that the Council agrees to amend the Joint Planning Agreement and the Joint Planning Land Use Plan to permit an average rather than.a minimum lot size, to base the average lot size on multiples of 40,000 square feet instead of an acre (43,560 square feet) , and to allow up to two one -acre lots to be established for 1987 lots of record which are 20 acres or smaller (as indicated on the attached pages.) BE IT FURTHER RESOLVED that the Council understands that the University Lake Watershed overlay district has had special protective regulations established for it by the County Commissioners which take precedence over the regulations for the Rural Buffer and understands further that cluster development will not be permitted in the University Lake Watershed;. BE IT FURTHER RESOLVED that the Council requests the County Commissioners and the Carrboro Board of Aldermen to join with them in forming a Work Group of elected officials to address the policy issues raised in the recommendations of the Rural Character Task Force's recommendations. This the 25th day of February, 1991. 5'] IN o CHAPEL HILL TOWN C.OUNCIL., (This amendment adds language which adds language which permit,s ,an average- rather than a minimum lot size and adds language which permits the use of 40,000 square feet and its ml; -ip.,.es -nsteacl cz 43,560 as the average lot size.) ace u f '- e r 11 ... This area is further defined as being a low-density area consisting of single-family homes situated on large lots having (a rr,in.-,4- mum size of two acres-> cn average size cA-- 80,000 square feet or greater. `5 auree • 1.1 CHAPEL HILL TOWN COUNCIL PROPOSED CHANGES TO' 7F.E JOINT F:.J- M, - ::1;G LA2-D USE PL7,N (These amendments chance the definition of the Rural Suffer to permit Options A ant p of the Conceptual Guidelines; and chance the language in such a way as to permit an average rather than a minimum lot size; and chance t:;e language to perr,it the use of 40,000 square feet, err ` e as the av acs lot size, lnstead of 43,56C.) Ere Section V. --c int P, P- _he Rural Euffer is defined as being a low - density area consistir.c of single - family homes situated on large lots having <a min;.murr size of two acres.> an average lot size of 80,000 square feet or greater. The Rural Suffer is fu L. de_`ined as land whit:, alt hough acjacent to an Urban ow Trans - tic.^. Area _ 1 c::aracrE� and which �___ re.�a�:, ~, cCn::ain, sow t._ �s ln residenz--a- ,.., .,_ �GCrE L'r,DG,: SE° _CEO (�...�.._.. and other Town services.) ( page 61 ) Ru=al.Residential Areas are low- density areas consisting of sincle- fas,ily homes situated on lots <two acres in sze or greater> having an average size of 80,000 souare feet or greater._ ?r. that respect, Rural Residential Areas are identical to the definition OIL the Rural Huffer." Section VI Future Land Use, "Rural Residential" (page 83) (Note: This section of the Land Use Plain refers to acres Der unit, rather than units per acre as in the rest of the Flan.) The Rural Residential category is a low- density area consisting of single - family homes situated on large lots <two acres> 80,000 square feet in size or greater. (page 84) (This change replaces the 1980 Census assumption of persons per household (2.6) with the 1990 Census assumption of pe.:sons per househole (2.41). Tae=e are a.r+��r7f:�ria;.e- Resident ia- G,rCC' Gres of �:.. =cr - : ura_ 'PIE - pu- poses `n and Use _ lan. If developed at an average density of cone dwelling snit per two ac=es) 0.5 dwelling L;Q1 � r CHAPEL HILL TOWN COUNCIL F:.. L - e .. ..��- SL:FJt�aCted 0::t� units per acme o_ ~land with 15t o_ the Teets and roads, the holding capacity of the area ..n ter ^s c -` esiden r.::_�_� -- - F g;. -e -or p p,llaticr. per housencly Census . 1 � i o 4 i ` estimated population would be <10,231> (90485). lup.mem mm&ffV' extend beyond the current deadline of April 4, 1992. If lot sales increase during the 1991 selling season, the Final Plat could be submitted for approval. Otherwise, a new Preliminary Plat will have to be approved before the final phase of Cornwallis Hills can be recorded. The Planning Staff recommends that the deadline for approval of the Final Plat for Phase IV be extended to December 31, 1991, with the condition that if a letter of credit or other means is used to secure the construction of improvements, it will be set to expire no later than April 4, 1992. Eidenier noted that if the deadline is allowed to expire, the applicant must go through the entire process again which would be very costly. Scearbo agreed, noting that staff had reviewed the plan and that there are-no standards that are different. She felt that this plan would easily be approved again today. This would create flexibility for the applicant without extreme costs which would produce the same results. MOTION: Eddleman moved approval as recommended by the Planning Staff. Seconded by Burklin. VOTE: Unanimous. AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (8130190) a. Comprehensive Plan Amendments (1) LUP -4 -90 JPA Land Use Plan & Agreement (Conceptual Guidelines - Rural Buffer) Presentation by David Stancil. A copy of the abstract information is an attachment to these minutes on pages Rather than proceed with a complete presentation of information already presented, Stancil reviewed a memorandum dated March 5, 1991 which outlines the actions of the Towns of Carrboro and Chapel HILL regarding LUP -4 -90 (Rural Buffer Plan Amendments). A copy of this memorandum is an attachment to these minutes on pages A copy of the Resolution adopted by the Chapel Hill Town Council is also an attachment to these minutes on pages 61 6 Dpaff� Stancil noted that he has not been informed of any discussion of the Board of Commissioners regarding the proposed joint work group. stancil reminded the Board that only about half of the strategies are being recommended with the remainder to be left for further discussion. Burklin noted that the only two options being considered are two -acre and five -acre lots. He continued that the Rural Character study Committee is concerned and disappointed that the complete package of strategies is not being considered. The fear is that the remaining options will never be considered. Burklin indicated he would suggest that the Board of Commissioners continue to work toward discussions and adoption of the remaining strategies. He noted that there was a great deal of public support and favorable comment on the complete package of strategies. Burklin said he would not consider this a recommendation but, that he did wish to share his concerns. Cantrell expressed concern that with the strategies being recommended, there would be continuous, monotonous two- acre.lot development with no centers of any kind. Stancil stated that end -to-end two -acre lot development is not rural. He noted that this point was made over and over again by the study committee. Eidenier stated that the Commissioners wanted the Rural Character Study Committee recommendations approved in their entirety. The Chapel Hill Town Council would only approve options A and B; they wanted more discussion on the remainder with the elected officials. Eidenier stated, that, individual discussions with Commissioners indicated they did not feel more discussion was necessary and they endorsed the recommendations of�the Rural Character Study Committee. However, this is in the Joint Planning Area and requires approval of the Chapel Hill Town Council. Eidenier noted the following options of the Planning Board: (1) recommend the resolution adopted by the Chapel Hill Town Council; (2) recommend that the Rural Character Study M M N ff 7 63 Committee's strategies be approved as a complete package. Cantrell stated that she was unwilling to approve only a portion of the recommendations by the committee. Boland agreed that the total package should be recommended rather than just a portion. Waddell stated that he felt that the Rural Character Study Committee had made promises to the citizens that if substantial changes were made then it would be returned to the public again. He indicated that approving only two of the options meant very substantial changes and it would be extremely unfair to the citizens of Orange County to make such a recommendation. Cantrell emphasized again her unwillingness to recommend approval as recommended by Chapel Hill Town Council. She asked if it is necessary to have their approval. Burklin responded yes since it is in the Rural Buffer area of the Joint Planning Area. It requires approval of Chapel Hill, Carrboro and Orange County. Burklin asked Stancil about other possibilities. Stancil reiterated the Board's options as noted by Eidenier, adding a third option. (1) adopt the portion that is being presented now; (2) adopt this with an accompanying resolution indicating the desire to see the remaining options followed through on; and (3) fail to adopt and encouraging reconsideration of the entire package. Stancil noted that he felt the package was developed so integrated and inter- related that-it is difficult to get the same effect on the rural character by just adopting portions of the package. There would not be the same sort of natural resource protection strategies. Also, the options adopted by Chapel Hill would provide 40% acres of open space which could be use as agricultural land and, those used to protect natural resources and visual character. Cantrell asked if it is known why Chapel Hill was opposed to the remainder of the strategies. Stancil stated that he felt providing public sewer in the Rural Buffer was the real concern. They were afraid that some day it would be opened up to urban development if sewer lines or alternative systems were to be available. He continued that he felt that the main concern was with monitoring and maintenance of the systems. D G3 G^1 ff � G4 . Element. Each of these efforts may result in policy recommendations directly relevant to this proposal. At the hearing, the applicants stated a desire not to withdraw their application, and proceed with this proposal. If this is the case, staff recommends denial of the proposed amendment on the basis of existing policy. Waddell asked what existing policies this proposal ran counter to. Stancil cited the existing Hillsborough Township component of the Plan that recommended Rural Residential designation for this site. In addition, a 1985 Area Study resulted in Commissioners action against designation of a similar node, continuing the Rural Residential designation for the area. Stancil also cited the use of I -40 as a "hard edge" or boundary for urbanization both in this area in the Comprehensive Plan and around Chapel Hill in the Joint Planning Area Land Use Plan. Discussion of the issue of spot zoning, the appropriateness of 1 -40 as a "hard edge" to urbanization, and the lack of provision of water service ensued. Eidenier cited her opposition to this proposal since the Town and County are currently in the process of discussing the question of service provision to this area, and that water service cannot be.provided through the emergency water line owned by OWASA that the applicants wish to use. Waddell asked what the recourse would be for the applicants if this proposal is denied. Stancil responded that they would be able to reapply one year after this action: Waddell continued asking about current uses. Stancil responded it was zoned Rural Residential. Residential uses and other ancillary uses could be made of the property. Waddell expressed concern with residential uses next to the interstate. Stancil responded that issue had been under discussion for some time. It is possible to continue to have residential uses next to an interstate with buffers. MM I � r (013 Design standards were mentioned. Stancil responded that it is a possibility that one of the recommendations from one of the work groups will be for design standards for some node in the future. Eidenier noted that the Target Advisory Committee of the Economic Development Commissions has asked that all of the interchanges be.reconsidered. MOTION: Burklin moved to accept the Planning Staff recommendation. Seconded by Cantrell. VOTE: 5 in favor. 1 opposed (Waddell) 2 abstained (new members) (2) CP -2 -91 Efland Area Study Presentation by David Stancil. This item was presented at the February 25, 1991 public hearing. Four citizens spoke to the item at the public hearing. One issue was a request for more information. A copy of the abstract information and memorandum, with attachments, of additional information requested at the public hearing are attachments to these minutes on pages Stancil reviewed the information included in these attachments. The Planning Staff recommends that the Efland Area Study be received by the Planning Board, and that.the- Efland node adjustment, plan amendment CP -2 -91, be adopted. Jobsis asked if the residents in the proposed node were notified of the proposed amendment. Stancil responded that a sign had been posted and special letters were sent to the residents but no responses were received and none of those residents spoke at the public hearing. Stancil noted that it seemed that there was some confusion about the meaning of neotraditional planning, the end product. He noted that he did not anticipate a great deal of change in the Efland area. There would probably be mixed uses with recommended standards. Eidenier asked about the Habitat for Humanity project was explained. Stancil responded that M. WHEREAS, the Rural Character Study Committee's Conceptual guidelines for the Rural Buffer is a sensitive document written by representatives of all the people of Orange County, and WHEREAS, the members of the Rural Character Study Committee `developed a rapport with, and won the trust of citizens in the County, and WHEREAS, this document and its recommendations are interlocking and interdependent, with each element built upon the other, and WHEREAS, the recommendations allow developers and landowners to decide among five environmentally - sensitive means of development of private property, and WHEREAS, the legal ramifications of open -space development options (Options D and E) have been. addressed by Richard Ducker of the Institute of Government and Robert Frielich, nationally- renowned growth management attorney, to the satisfaction of the Planning Board, and WHEREAS, the Conceptual Guidelines for the Rural Buffer has been endorsed in its entirety by the Orange County Planning Board, and WHEREAS, the Orange County Planning Board reiterates its concerns that striking any of the options proposed in said document is destructive to the concept of protecting rural character in Orange County, and removes the impetus from those options which do the most to protect rural = character, and WHEREAS, it is the belief of the Orange County Planning Board that further study by a proposed work group will not be cognizant of the consensus - building on- the par# of the Rural Character Study Committee in developing these recommendations, will be self - defeating to the concept of rural character protection, and will create disfavor among citizens who have - expressed satisfaction with this outstanding work, THEREFORE, BE IT RESOLVED that the Orange County Planning Board requests the County Commissioners to re- emphasize their determinations to persevere in the adoption of the recommendations of the Rural Character Study Committee in their entirety, and not seek to compromise the plan by sending the discussion to yet another committee. THIS THE TWENTY - SECOND DAY OF APRIL, 1991. Betty Eidenier, Chairman Orange County Planning Board O R A N G E C O U N T Y BOARD OF COMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 SUBJECT: CP -1 -91: ROBERT AYERS AND HAROLD HARRIS DEPARTMENT: PLANNING ATTACHMENT(S): o Staff Analysis o Site Map o 2/25 Hearing Minutes o 3/18 Planning Board Minutes o OWASA Letter o Excerpts from Land Use Element, Hillsborough Twp Component Action Age_ a� Item # Y PUBLIC SEARING: YES _x —NO INFORMATION CONTACT: Dave Stancil, Extension 2590 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Chapel Hill - 967 -9251 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To consider a proposed amendment to the Orange County Comprehensive Plan (Land Use Element), submitted by Robert Ayers and Harold Harris. BACKGROUND: The property in question lies in Hillsborough Township, south of the Interstate 40 /Old Chapel Hill- Hillsborough Road (Old 86) interchange. The property contains 32.76 acres, with access to Old Chapel Hill - Hillsborough Road. The site also has 2200 feet of frontage along the western right -of -way of Interstate 40. The site and surrounding properties are currently designated Rural Residential on the Land Use Element. The proposed amendment would create a new free - standing Commercial Transition Activity Node /Ten Year Transition area on this site. The applicants have stated the desire to pursue application for an office park on this site. This proposal was presented for public comment at the February 25, 1991 public hearing. Two area residents spoke in opposition to the proposal. Specific concerns mentioned included negative traffic impacts, a desire to keep the area rural in nature, and concerns over an expected rise in their property tax rates. A suggestion to consider all areas at the interchange for the designation was also made. 2` The Planning Board considered this item on March 18, 1991 and recommended denial - based on the applicants desire to receive a decision based on existing policy. "RECOMMENDATION: Administration recommends denial of the proposed amendment as per the Planning Board recommendation. C M E M O R A N D U M TO: ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD ORANGE COUNTY MANAGER FROM: ORANGE COUNTY PLANNING STAFF RE: CP -1 -91, AYERS AND HARRIS DATE: APRIL 23, 1991 GENERAL DESCRIPTION The property in question is located in Hillsborough Township, and is known as Lot 13B, Block B of Hillsborough Township Tax Map 49. The parcel contains 32.76 acres and is located southeast of the intersection of 1 -40 and Old Chapel Hill - Hillsborough Road. The property fronts on both Interstate 40 and Old Chapel Hill - Hillsborough Road (Old 86). The amendment proposal has been submitted by property owners Robert Ayers and Harold Harris. The amendment requests a change in classification for this property on the Hillsborough and Chapel Hill Township components of the Orange County Comprehensive Plan, Land Use Element. The current classification is Rural Residential. The proposed classification is Commercial Activity Node and Tea Year Transition. APPLICATION REQUIREMENTS Application requirements for an amendment to the Orange County Comprehensive Plan are contained in Articles 2 and 20 of the Orange County Zoning Ordinance. These requirements and information supplied by the applicant (shown in bold) is presented below. 1. Article 2.2.14 states the reasons for which the Comprehensive Plan may be amended. a. Because of changed or changing conditions in a particular area or areas of the County; 1 3 4 The applicants state that the completion of Interstate 40 - linking the Research Triangle Park to areas west - has introduced a changed condition in both the appropriateness of residential land use for this property and the market for non - residential uses at this site. As evidence of this, the applicants cite the fact that this property has been listed on Realtor indices for two years and has received a number of inquiries from commercial brokers. In addition, the applicants contend that there currently exists a shortage of available office space in the area, especially for large employers of office personnel. The 2200 feet of frontage on Interstate 40 is mentioned by the applicant as making residential use infeasible. The fact that existing commercial zones on Old Chapel Hill - Hillsborough Road are currently eight miles apart is also cited as a rationale for changing conditions in the area. In summary, the applicants state that "the property's location, with its proximity to the Town of Hillsborough and the Research Triangle Park, makes it an excellent site for an office park suitable for corporations with a need for modern, spacious facilities." b. To correct an error or omission in the Comprehensive Plan. No error or omission has been cited by the applicants. C. In response to a change in policies, objectives, principles or standards governing the physical development of the County. Applicants state that the Orange County Land Use Element is scheduled for a 10 -year update in 1991. The Economic Development Commission's Target Advisory Group has meanwhile recommended the re- assessment of land use policy along the 1 -40 corridor. In addition, the Planning Hoard and Economic Development Commission have entered into a Joint Agreement that offers "an opportunity for well - planned growth in central Orange County ". The applicants contend.that these factors represent a change in land use policy and that 1991 is therefore an appropriate time to 2 0 consider long -term planning for this area. 2. Article 2.2.14.2 differentiates between principal and secondary amendments. Principal amendments include: a. Additions to or modifications of policies, objectives, principles or standards; As previously mentioned, the applicants believe that 1991 is an appropriate time to begin long -term planning for the I -40 corridor and have thus recommended that their land use classification be re- assessed. Such a reassessment might be a modification of prior policy along Interstate 40, thus qualifying as a principal amendment. b. The creation of new activity nodes or additions to existing activity nodes which exceed ten (10) acres in land area; or This proposed amendment would create a new free - standing Commercial Transition Activity Node for the 33 -acre site, along with a like designation of Ten Year Transition to implement the transition to a different classification. As such, this amendment is a principal amendment to the plan. C. Proposals for new freestanding plan areas or additions to existing areas that exceed one hundred (100) acres in land area. Although this-is a proposal for a freestanding Plan area, the site is less than 100 acres. 3. Article 20.3.2 also requires the submission of the following additional information: a. A fully dimensioned map at.a scale of not less than one hundred (100) feet to the inch showing the land which would be covered by the proposed Comprehensive Plan amendment, and a legal description of the land; Submitted. b. The manner in which the proposed amendment will carry out the intent and purpose of the adopted Comprehensive Plan. 3 5 5] The applicants maintain that the intent and purpose of the Comprehensive Plan would be furthered by the proposed amendment. As evidence, the applicants cite the existence of changed conditions in the area, the County's potential tax revenues from a developed site, the generation of needed employment opportunities in central Orange, the appropriateness of certain land uses along Interstate 40, and the site's location at a strategic intersection from both a local and regional perspective as rationale for consistency with the Comprehensive Plan. COMPARISON WITH LOCATION STANDARDS In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for compatibility with the applicable Locational Criteria in Section 3.4 of the Land Use Element of the Comprehensive Plan. In the section below, COMPLIES means that the site is compatible with the locational criterion. DOES NOT COMPLY means that it is not. Additional explanation is provided where the response is not clear -cut. COMMERCIAL TRANSITION ACTIVITY NODE SLOPE. (Located on land with less than 15% slope) COMPLIES. The applicant cites gently rolling land on this property with slope of 2 to 7 percent. Topographic mapping of the area confirms that the site is generally of moderate slope (2 -10 percent), providing a relatively - suitable environment for development. Located downstream and south of the site, in northern Chapel Hill Township, a Resource Protection Area with relatively steep slopes exists along Stony Creek. HYDROLOGY. (Located outside designated 100 -year flood prone area as defined by Corps of Engineers) COMPLIES. The site is near a ridge and contains a portion of the headwaters of Stony Creek. It is located well outside any flood -prone areas. The property drains largely to the-south and east, into the Stony Creek Basin. FLORA AND FAUNA. (Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the State or Federal government) COMPLIES. This site does not contain any such sites. In addition, it is not located in close proximity to any listed 4 I sites of natural, biological, or ecological significance. SOIL CONDITIONS. (Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load - bearing capacity for future development). COMPLIES. The predominant soil types are Herndon and Georgeville silt loams. These soils are also well drained and provide high suitability for most urban uses. Soil permeability is moderate, with a medium potential for urban uses because of slope and permeability constraints. A band of Tatum soils are found on lands along the headwaters of Stony Creek. These soils have slightly steeper slopes and have moderate permeability and shrink - swell potential. This soil group also has limited potential for most urban uses because of slope and depth to rock, however, this limitation can be reduced or modified by special site planning, design, or maintenance. PUBLIC SERVICES /FACILITIES. (Located in areas which are or could be reasonably and efficiently served by centralized public services and utilities). QUESTIONABLE_ Currently, a 16 -inch OWASA pipeline runs along the property's boundary at Old Chapel Hill - Hillsborough Drive. The applicant cites this pipeline as a means of compliance with the Land Use Element's provisions for reasonable and efficient utility service. However, this pipeline is used only to transfer water between Hillsborough and OWASA. It is not in active service and carries water only when the two water systems choose to utilize it to augment water supplies across the county. OWASA staff confirms that this large pipeline is not available for individual taps and is a transfer -only pipe. In addition, there is no public sewer on site, nor are there plans to provide public sewer at this time. The provision of such services is a criteria for establishing a node. In terms of other public services, the area is not within the Town Limits of Hillsborough. Public safety protection would be provided by the Orange County Sheriff's Department with fire protection from the Orange Rural Fire District. Although this site alone may be adequately served with public safety and fire protection, one of the long -term policy implications of increased non - residential development in this area could be inadequacy of service if higher intensity development occurs. 5 FI1 TRANSPORTATION SYSTEM. (Focused on the intersection of arterial and /or collector highways and extending 0.5 miles beyond such intersections or within one mile of an interstate interchange). COMPLIES. This site has excellent access, located at the'l- 40 \Old Chapel Hill - Hillsborough Road interchange. This type of site is exemplary of a strategic transportation interchange and thereby complies with this criterion. ENERGY USE. (Located less than 10- minutes commuting time from an urban area). COMPLIES. The site is located less than five minutes from the Hillsborough urban area and is approximately ten minutes from the Chapel Hill urban area via Interstate 40. EXISTING LAND USE. (Located within identified Ten or Twenty Year Transition Areas). DOES NOT COMPLY. There is no designated Transition area on the southeast side of Interstate 40. The site is currently designated Rural Residential. However, the applicant has proposed the establishment of Ten Year Transition for this property. Both Ten and Twenty Year Transition Areas are located on the northwest quadrants of this interchange. AGRICULTURE AND FORESTRY. (Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land). COMPLIES. There are no agricultural uses near this property, nor is the site in question located in close proximity to managed forest land such as Duke Forest. POPULATION DENSITY. (Located in areas with moderate to high population density). DOES NOT COMPLY. The area surrounding the I- 40/Old Chapel Hill - Hillsborough Road interchange is quite rural in nature, with sparsely- located single - family housing along "Old 86". Only 14 houses are located within 1/2 -mile of this site. HISTORIC AND CULTURAL. (Located away from areas where development would have a detrimental impact on State or Federally - acknowledged historic or cultural sites, or County - identified Public Interest Areas.) COMPLIES. There are no identified historic or cultural sites located in close proximity to the property. C1 it AGENCY CONTENTS No agency comments have been received. Comments were solicited from the Town of Hillsborough; the N.C. Department of Transportation; the Orange County Sheriff's Department, Economic Development Commission, Engineer, Emergency 'Services, Soil and Water Conservation, and Attorney. STAFF ANALYSIS The issue of non - residential uses at the Interstate 40 /Old 86 interchange is not a new one. Perhaps the most significant of the previous work on the subject came in 1984, with the I -40 /Old 86 Area Study. The I -40 /Old 86 Area Study was developed with area residents in early -mid 1984. The area study presented at public hearing in August 1984 (and again in November 1984) called for the establishment of a "blended" Commercial Transition and Rural Industrial Activity Node. Comments at those public hearings reflected both favor and disfavor. The Board of Commissioners acted in January 1985, deciding to leave the interchange area rural and residential in nature. The current proposal again raises the issue of non- residential development at an interstate interchange north of the Rural Buffer. From a geographic or locational standpoint, the site meets the majority of locational criteria against which a Commercial Transition Activity Node is judged. Topographic and soils features are adequate for development, and there are no natural areas ; farmlands, or culturally - significant sites that would be adversely affected by this proposal. The transportation system at this site is almost textbook in its qualifications, located adjacent to a freeway leading into the Research Triangle. The primary locational concerns with the site relate to the fact that is not currently recognized in the Land Use Element as a transition area, the lack of a supporting population density in the vicinity, and the question of public services. All of these issues are related to the question of appropriate development at the interchange. Of these concerns, the first has the most policy - related implications. It should be noted that the I -40 interchange is one of three in Orange County leading into the urban areas comprising the Research Triangle area. Each of the interchanges have been studied and evaluated as to their role in the "big picture" of the Orange County Comprehensive Plan. The interchanges at New Hope Church Road and NC 86 were 7 '01 studied and analyzed as a part of the Joint Planning Area Land Use Plan from 1984 -87. As a part of that cooperative planning strategy, I--40 was selected as the most logical boundary, or "hard edge", between rural areas and urban services /development in the 20 -year planning timeframe. This "edge" can be seen at the NC 86 interchange. The potential for mixed -use transitional development is reflected on the southern or "Chapel Hill side of 1--40, while the northern side of I -40 is designated as part of the 38,000 - acre Rural Buffer growth management area that separates the future urban areas of Chapel Hill and Hillsborough. The interchange at New Hope Church Road lies in the heart of the Rural Buffer and is therefore not appropriate for non - residential development. A neighborhood level node at the traditional Blackwood Station community serves the Rural Buffer population with localized services not available to the north or south. The Old Chapel Hill -- Hillsborough Road (Old 86) interchange, however, is located north of the Rural Buffer. Taken in context with the Land Use Element as a whole, its role as a strategic interstate interchange is similar to that of the "New 86" interchange mentioned above. At this interchange, the northwest or "Hillsborough" side of the interchange is designated Twenty -Year Transition, indicating that urban services are available or are projected to be available by the-year 2001. However, the existence of a Transition Area on the northwest quadrant of this interchange does not include a corresponding node, which means that while transition is occurring, this transition is to be residential in nature. The other three quadrants of this interchange are designated Rural Residential. Here, as at the NC 86 interchange, the concept of Interstate 40 as a "hard edge" to urban development could be utilized. This concept has been discussed by the Planning Boards of both Orange County and Hillsborough in their Hillsborough Cooperative Planning efforts to date. If adopted, this concept would become a basic tenet of the Land Use Element for rural boundary areas on the fringe of urban areas - as is done in the Joint Planning Area. These discussions between the Orange County and Hillsborough Planning Boards represent an attempt by both to define the boundaries of a cooperative planning zone, with a transition area for urban development and an outlying rural area. The Town of Hillsborough Planning Board originally proposed the designation of urban transition area for lands both north and south of the interchange. However, the Orange County 8 11 Planning Board has proposed the designation of Transition Area on the northern side of the interchange, but continues the current practice in the Hillsborough Township component of the Land Use Element in proposing I -40 as a natural urban boundary, with rural areas to be located south and west of the freeway. Recent efforts along these lines have included a proposal by the Town Commissioners to recognize I -40 as the transition area boundary. Discussion of this proposal is ongoing. In addition to the Hillsborough Cooperative Planning efforts, this interchange is among several areas being looked at by the Orange County Planning Board /Economic Development Commission Work Group and the Economic Development Commission's Target Advisory Group as a potential area for employment generating, tax base - enhancing activities. However, this work is in the early stages, and evaluation of this site in that regard would be premature. The applicants have been made aware of these effort. The issue of a supporting population density in the vicinity of this site is one that would likely be answered by both time and the proposal itself. The question of a supporting adjacent population in and of itself is not a major obstacle, given future urban densities north of the interstate and the accessibility of the transportation network. However, the question of adequate public service provision without urban services remains. The applicants propose to use the OWASA water line on Old Chapel Hill - Hillsborough Road as a source of water supply, but OWASA has indicated that this large pipeline is not appropriate for service. Other necessary public services - public safety and fire protection - would be provided by rural agencies such as the County Sheriff's Department and the Rural Orange Fire Department. One policy implication of increased non- residential development in this area without the full range of urban services could be future service inadequacies - especially if development intensity were to increase. In summary, the question of non - residential development at this interchange is one that has been discussed in the public forum before. The 1984 area study resulted in a decision by the Board against designating a node. The applicant has asserted that the completion of I -40 has created a changed condition which warrants the designation of a Commercial Activity Node on these 33 acres. It is possible that such a proposal might be feasible and appropriate in the long -term (beyond the plan period ending in 2001). Thus, the designation of this area as 20 -Year Transition may be appropriate in the next phase of the plan. it However, the current Land Use Element designation reflects the decision to keep the majority of this interchange area rural in nature. The only previous reconsideration of this policy resulted in a Board decision to maintain this policy. Finally, the Planning Board /EDC Work Group will be recommending a set of performance standards to ensure appropriate and environmentally - sensitive development in targeted areas. No recommendations for the creation of new nodes will be forthcoming from this group until performance standards can be solidified. RECOMMENDATION With the "dovetail" effect of'the Hillsborough Cooperative Planning Zone and the Joint Planning Board /Economic Development Commission Work Group efforts, many of the issues raised in this proposal will be addressed over the next several months. At this time, the Board of Commissioners has not yet received any recommendations from either group. Thus, action at this time would be premature and counter- productive to these important efforts. Staff recommends that, since the applicants have chosen not to withdraw, the proposed amendment be denied at this time. This recommendation is based on the following: 1. That the nature of the efforts mentioned above will likely result in comprehensive policy recommendations directly relevant to this question; 2. That all of these efforts are in the early stages of consideration, and have not yet been presented to the Board of Commissioners. Therefore, the proposal is evaluated against current policy as contained in the Land Use Element text and map, as well as past precedent in the 1984 area study that was denied. On both such bases, staff finds that current policy does not warrant an amendment at this time. Staff would encourage the applicants to take an active role in the efforts regarding future land use at this interchange. By so doing-, the applicants will have an opportunity to take part in the planning process and possibly resubmit an application in the future. In addition, the County will have an opportunity to conduct a more thorough and policy - driven analysis of this question. Finally, staff would add that any future consideration of a Commercial Node at this interchange should consider such a proposal in the context of surrounding areas as well (since the concept of a node is comprehensive in nature.) 10 1148 LU VIRGINA CATS { 70 11.83 ti�,.r: i W .: •�► Olt ��:' • �• ..:, •fir _ � � J r'. C .WALTERS RD. W d 1 1724 OA k D,q LE D' E \ \33 p P� R ti c S LN. r7 j (. ' 86 cn _ _ �'. \.'r4• \`.1.4 ..\ 1. .,•. �`' Q-y � 4 L `. S ..( � •y ..; � -'1, 1.x_41. ~ \:� 1 l Ly :%%.,- i \ ` _•i.� 1. . .jam ' ti }i ''" _ -' �•• •• � tai 4. 4'• 4,'��l.i r" � � 1. 1. _ - `.`-.= i. I Kim AWN CHAPEL HILL TOP 1130 ROAD cP - 1 - 91 5 �p�J1 SITE C 1 ti r - ' 11 2 (m11 � ., � tea• ... 179 o 0 1 CAMP 4 r12 CIR. 86 y� DRAFT 2/25/91 Public Hearing Minutes A motion was made Gordon, to approve by notification of of Transportation, VOTE: UNANIMOUS by Commissioner Insko, seconded by Commissioner the proposed house and building numbers followed the Mebane Postmaster and the N.C. Department as required by 0. S. 153A -240. 2. Comprehensive Plan Amendments a. AX@rg Qnd Hgrold HArrie - T i s presention was made by David Stancil. In summary, this item was Presented to consider COMMENTS.-AND QUESTIONS FROM THE BOARD OF COMMISSIONERS AND /OR PLANNING BOARD In response to a question from Commissioner Insko, Mr. Stancil indicated that the Rural Buffer boundary line was approximately 3/4 of a mile to the south. Commissioner Halkiotis asked if there was an interest on the part of the owners to talk with the town of Hillsborough to provide water and sewer. Mr. Stanc i 1 indicated that he was not able to respond regarding the applicants intent. Ms. Eidenier stated that she agreed with the Planning Staff's recommendation. The Planning Board is working with the Economic Development Commission. -to develop recommendations for all of the Interchanges along IM40 and I -85. She indicated that they would like to pursue this project without having to decide on a particular property at the same time. Also, during a 1990 meeting between the Board of Commissioners of Hillsborough and Orange County, Mr. whittiker recommended that this area be supplied with town water and sewer in order that the entire area could be developed. Commissioner Smith indicated that there were sewer lines under . the bridge at I -40 and he would like Hillsborough to provide -water and sewer with the county providing fire and police protection. This is something that the town and the county need to discuss in the future. THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENT Mary Ayers indicated that she was speaking on behalf of Mr. Ayers and Mr. Harris. She stated that the applicants do not wish to withdraw their application at this time. The owners would like the land use to be changed to a transition area so that they could begin to develop on a limited basis. They would like to increase the development of the area at sometime in the future. She Indicated that the locational criteria is met by the property. The owners have discussed the water line with OWASA and they Indicated that if demand warranted, they woulO allow tap -one of 6" or larger. Sewer lines are currently in place within one mile of the property. 14�,•__ I FkLIM 15 3 _DRAFT The soil s r nd r thastates the proposederlot are arrangemets impedimenta w d be development a feasible for business of I commercial uhigh t ensmisisinon tins that the close proximity runs across the property, residential development does not seem feasible. Ms. Vicki Berry, a resident of 3300 old Chapel H111 Road, spoke on behalf w d d hares 1 f She indicated th t she opposed property this next to the amendment to the Comprehensive Plan. Mr. Homer Davis stated that he owns property in this area. He indicated Plant He indicated that traffic proposed amendment saalready a problem comprehensive and this change would only worsen the situation. THE PUBLIC HEARING WAS CLOSED A motion was made by Commissioner Gordon, seconded by commissioner k i item to el Board a recommendation to be returned to the Board of commissioners no sooner than April 1, 1991. VOTE: UNANIMOUS 2. Cp -a-, Ef 1 -and Area Stuff± - This presentation was made by David Stancil. In summary this item was presented to consider..... QUESTIONS OR COMMENTS FROM. THE BOARD OF COMMISSIONERS AND /OR PLANNING BOARD In response to a question from Commissioner Insko Mr. Stancil indicated that the related amendmmnt includes these other areas in the existing community node. commissioner Willhoit asked what kind of commercial activity is proposed? Mr. Stancil indicated that the proposal was to develop the Efland Village overlay district. This would encourage mixed use development of a community scale. Ef 1 and i s a Quas i - urban area. It has urban services but it is not incorporated. Commissioner Gordon stated that she felt the application should be completed even if staff is the originator of the proposal. THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT Mr. Robert. Efland, a resident of this area, indicated that he would like to have more information about neo- traditional overlay zoning. He indicated that he wanted to know if changeling to this Draft March 18 Planning 'Board Minutes. Waddell expressed concern that if the portion being considered is adopted, there would no incentive to continue on with work on the remainder for adoption. MOTION: Cantrell recommended approval of LUP-4 --90 as amended September 20, 1990 by the Rural Character Study Committee., Seconded by Burklin. VOTE: Unanimous - with new members abstaining due to the fact they were not on the Board to attend the public hearing and receive information. AGENDA ITEM #10: MATTERS HEARD AT PUBLIC BEARING (2/25/91) a. Comprehensive Plan Amendments (1) CP -1 -91 Robert Ayers & Harold Harris Presentation by David Stancil. The property in question lies in Hillsborough Township, south of the Interstate 40 /Old Chapel Hill- Hillsborough Road (Old 86) interchange. The property contains 32.76 acres, with access to Old Chapel Hill- Hillsborough Road. The site also has 2200 feet of frontage along the western right -of-- way of Interstate 40. The site and surrounding properties are currently designated Rural Residential on the Land Use Eldment. The proposed amendment would create a new free - standing Commercial Transition Activity Node /Ten Year - Transition area on this site. The applicants have stated the desire to pursue application for an office park on this site. This proposal was presented at the public hearing February 25, 1991. Two are residents spoke in opposition to the proposal. Specific concerns mentioned included negative traffic impacts, a desire to keep the area.rural in nature, and concerns over an expected rise in their property tax rates. A suggestion to consider all areas at the interchange for the same designation was also made. The Planning Staff recommends that the applicants be allowed to withdraw their application. This withdrawal is suggested pending the completion of related work by the Joint Planning Board /EDC Work Group, the Hillsborough Cooperative Planning efforts, and the 10 -year update of the Land Use . ,1, Element. Each of these efforts may result in policy recommendations directly relevant to this proposal. At the hearing, the applicants stated a desire not to withdraw their application, and proceed with this proposal. If this is the case, staff recommends denial of the proposed amendment on the basis of existing policy. Waddell asked what existing policies this proposal ran counter to. Stancil cited the existing Hillsborough Township component of the Plan that recommended Rural Residential designation for this site. In addition, a 1985 Area Study resulted in Commissioners action against designation of a similar node, continuing the Rural Residential designation for the area. Stancil also cited the use of I -40 as a "hard edge" or boundary for urbanization both in this area in the Comprehensive Plan and around Chapel Hill in the Joint Planning Area Land Use Plan. Discussion of the issue of spot zoning, the appropriateness of I -40 as a "hard edge" to urbanization, and the lack of provision of water service ensued. Eidenier cited her opposition to this proposal' since the Town and County are currently in the process of discussing.the question of service provision to this area, and that water service cannot be-provided through the emergency water line owned by OWASA that the applicants wish to use. Waddell asked what the recourse would be for the applicants if this proposal is denied. Stancil responded that they would be able to reapply one year after this action. Waddell continued asking about current uses. Stancil responded it was zoned Rural Residential. Residential uses and other ancillary uses could be made of the property. Waddell expressed concern with residential uses next to the interstate. Stancil responded that issue had been under discussion for some time. It is possible to continue to have residential uses next to an interstate with buffers. 41 is 'F Design standards were mentioned. Stancil responded that it is a possibility that one of the recommendations from one of the work groups will be for design standards for some node in the future. Eidenier noted that the Target Advisory Committee of the Economic Development Commissions has asked that all of the interchanges be reconsidered. MOTION: Burkl -in moved to accept the Planning Staff recommendation. Seconded by Cantrell. VOTE: 5 in favor. 1 opposed (Waddell) 2 abstained (new members) (2 ) CP -2+-91 Efland Area Study Presentation by David Stancil. This item was presented at the February 25, 1991 public hearing. Four citizens spoke to the item at the public hearing. one issue was a request for more information. A copy of the abstract information and memorandum, with attachments, of additional information requested at the public hearing are attachments to these minutes on pages • Stancil reviewed the information included in these attachments. The Planning Staff recommends that the Efland Area Study be received by the Planning Board, and that the Efland node adjustment, plan amendment CP -2 -91, be adopted. Jobsis asked if the residents in the proposed node were notified of the proposed amendment. Stancil responded that a sign had been posted and special letters were sent to the residents but no responses were received and none of those tancil residents spoke at the public hearing. noted that it seemed that there was some confusion about the meaning of neotraditional planning, the and product. He noted that he did not anticipate a great deal of change in the Efland area. There would probably be mixed uses with recommended standards. Eidenier asked about the Habitat for Humanity project was explained. Stancil responded that I y . Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (9 19) 96$ -4421 March 1, 1991 Mr. John Link, Jr. Orange County Manager Post Office Box 8181 Hillsborough, NC 27278 Dear Mr. Link: SUBJECT: 16 -INCH WATER TRANSMISSION LINE BETWEEN CARRBORO AND HILLSBOROUGH This letter is in response to recent inquiries about connecting to OWASA's 16 -inch treated water line near the junction of Old N.C. 86 and Interstate 40. As you -know, OWASA installed this line as a transmission main between Carrboro - Chapel Hill and Hillsborough. It is our present plan for this line to remain a critical link between the two communities. Connection of developments or individual customers are not appropriate. Since this letter is responding to indirect inquiries, if you feel further clarification or discussion is needed, please let me know. zmy you , Everett Billingsley Executive Director db cc: Mr. Marvin Collins / Mr. Paul Thames ✓ An Equal Opportunity Employer eih I W,, 19 z 1 PLANNING FRAMEWORK AND ANALYSIS The structure of the Plan's framework begins with the organizing concepts - policy statements around which the Land Use Plan for Hillsborough Township is constructed. These concepts state a general consensus as to what are the desirable patterns of growth for the area and take into account patterns.of development, environmental constraints, and the stated desires of area residents. The second component of the framework consists of future projections for population, housing stock, and land requirements. These projections are not a comment on the desirability of expected growth. They merely indicate the amount of growth expected based on historical trends. The organizing concepts and projections are then used to create allocation guidelines. Criteria are established which distribute land into Land Use Plan categories initially defined in the body of the Land Use element of the Orange County Comprehensive Plan. Distribution is reflected in both text and map form. organizing conce is The following policy statements regarding Hillsborough Township represent the organizing concepts around which the Land Use Plan for Hillsborough Township is constructed: 1) The Town of Hillsborough is the major growth and development center in the Township. 2) The more intensive- commercial, industrial, and residential land uses are most appropriately located within the Town's corporate limits and areas adjacent to the Town likely to.become urban. 3) The agricultural and rural character of the northern tier of Hillsborough Township shou -ld be maintained and protected from adverse environmental and economic impacts. Township south of 4) The rur a To 5) Duke Forest lands, which are valuable for their M1541 120 21 The projected population of 23,196 residents in the year 2005 would require an estimated 4,966 dwelling units beyond. what existed in 1987. This would place an additional 5,363 acres into residential uses. This is based on an average lot size of 1.08 acres, the size of an average lot subdivided in all jurisdictions of the Township from 1980 to 1987. The lot size used, much smaller than in other townships, reflects the ability of the infrastructure to serve higher densities. Total acreage required between 1987 and 2005 takes into account residential, commercial, institutional, and industrial needs. Institutional and commercial uses are most directly tied to residential increases, and a multiplier of one acre of new commercial/ institutional acreage for every twenty acres of new residential acreage is used. Industrial acreage requirements do not have the direct association with residential acreage that other non - residential uses do. Areas of the Township that are suitable for industrial uses should be set aside for such purposes. Three hundred acres are set aside for industrial requirements during the course of the plan period. Allocat oa of Growth The primary task of the a land use plan is to geographically allocate the anticipated growth throughout the Township in accordance with County -wide goals and policies, as well as the Township organizing concepts. In actuality, the amount of land allocated to accommodate this growth will be substantially greater than the calculated need in order to allow for variations in the availability of land and the exercise of free market choice. The following allocation guidelines incorporate the descriptive framework of the County land use classification system: * `;�3t4�i veaal de�reie� eat,. whi APprofziately be served by a MM*AMMM__ NO w,uld be directed veeeat is withis the Town of H �4' & tuition *Commercial and industrial development occurring outside the Towns planning jurisdiction should be located in activity nodes, which. provide a more reasonable and 3.9 -14 i C ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No._Y_7_Tr- -13- Meeting Date: May 6, 1991 SUBJECT: - O_P_C -Mental -Health -Agency Building Renovations DEPARTMENT: County Manager 'PUBLICW Y - - HEARING - ~: - - - ~ ATTACHMENT(S).`Correspondence- ----- --- -- NO_ -X' -` From OPC Mental Health Agency INFORMATION CONTACT: County Manager TELEPHONE NUMBER - Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227_2031 -- -- ----------------- - - - - -- Durham - 688 -7331 PURPOSE: To consider a request from - Orange- Person - Chatham - Mental Health Agency to expand office space at the Southern Orange facility. BACKGROUND: In the 1988 -89 Capital Improvements Plan the need for a new Southern Human Services Building was determined and subsequently bond funds were approved for the project. The new building will create additional space for agencies occupying the existing Southern Human Services Complex and other County Departments in leased space in the Southern part of the County. Social Services, Aging and JOCCA occupy Building #1 and OPC Mental Health occupies Building #2 at the existing Human Services Complex. Agencies in Building #1 are scheduled to relocate to the new Southern Human Services Building while OPC will expand into Building #1 at the existing Southern Human Services Complex after construction of the new building. OPC Mental Health requires additional space before the completion of the new Southern Human Services Building. oPC Mental Health requests approval to construct an approximately 1400 square feet addition to the County owned Southern Human Services Building #2. The Agency has submitted information outlining the need for additional space and a funding plan. The OPC Board has approved the construction proposal and appropriated $145,000 from their fund balance to fund most of the project. OPC also requests $21,500 from the County to complete funding for the project. Tom Maynard, Area Director, will present the proposal to the Board. 2 The current County Capital improvements Plan earmarks $20,000 under Southern Human Services Building for this project in 1991 -92 fiscal year. RECOMMENDATION(S): Approve request to construct an addition to Southern Human Services Building #2 and allocate $20,000 from the current CIP. AP9 4 19 ORANGE - PERSON - CHATHAM MENTAL HEALTH, Telephone 919 - 929 -0471 3 DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE AUTHORITY - FAX 919- 968 -1318 Area Office 333 McMasters Street Chapel Hill, North Carolina 27516 � Area Director Thomas J. Maynard April 3, 1991 Mr. John Link, County Manager Orange County Administrative Offices 109 Court Street Hillsborough, North Carolina 27278 Dear John, I am writing to formally request approval from Orange County for OPC to proceed with plans to enlarge and renovate the Northside #2 site. In addition, we are requesting a commitment from the county in the amount of $21,500 to assist in funding the project. As you know, OPC has planned to purchase a modular unit to be placed near the Northside facility. This current request represents a change from that plan. I have attached a document prepared by our staff which reviews our space needs at Northside and outlines our proposal. We are desperately in need of additional space, and the current space is poorly organized for its current use. This has compromised service delivery and has resulted in inefficiencies such as lost insurance income due to the difficulty of supervising our accounts receivable department which is spread throughout the building. Our plan to use a modular unit in addition to renovating the first floor of the Northside building has run into obstacles. It may not be best for the neighborhood, will cost more than originally projected, and is at best a temporary solution. We are therefore proposing an addition to the Northside building, a more permanent solution, that will cost only $21,500 more than the previous plan. This plan is less offensive to the neighborhood, preserves valuable land at the site, and allows better integration of functions within the Northside building. The OPC board has already approved the plan and has appropriated $145,000 from fund balance to fund 87% of the project. We urge your support of this proposal. We hope to complete the project as soon as possible to relieve our serious problems with overcrowding. Created Under The Provisions of N.C. General Statute 1220 -117 Mr. Link, Page 2 Thank you for your consideration of this request. If T can supply any further information, please let me know. Since yours, Thomas J. Maynard Area Director TJM /jwb 4 3 5 History of Growth at OPC Number of Staff in 1980 - 90 Staff Number of Staff in 1990 - 200 Staff 122% Growth in 10 Years Current area most in need of relief is Northside Community Mental Health Center which was renovated and occupied in 1978 by a staff of 35. Today there are 63 staff housed in the building and OPC cannot accommodate even one more staff member. After conducting a spatial needs assessment, acquiring a free- standing modular and renovating the lower level of our current building seemed to be the most cost effective way to address the Northside space problem. We encountered serious problems in siting the modular due to sewer encroachments and costs that were higher than orginally planned. Therefore, the space committee recommends that we abandon the modular plan and instead construct an addition to Northside Building 12. This is in addition to the renovation project. PHASE I Construct addition to Northside, approximately 1400 square feet. This is instead of modular acquisition (24'X 58' or 1392 square feet). No special use permit is required since the addition. involves less that 5% of the total Northside site square footage. (Northside complex square footage is 28,590, 5% of which is 1424 square feet.) It is necessary only to modify the existing special use permit. PHASE II Renovate lower level of Northside Building #2. Net gain is ten offices, four to five secretarial areas, better flow and improved departmental groupings. PHASE III Acquire and renovate Northside Building #1 when Southern Orange Human Services Building is complete. 1 6 n In June of 1990 the OPC Board approved a plan to complete the lower level renovation and to acquire a modular. Amounts approved included up to $50,000 for the modular (excluding architect fees, phones, moving, security, sidewalk access, decking, etc.) and $95,000 for the renovation ($8500 of this is architect fees). Cost per Cost per Cost per Cost per Rental square foot to square foot to square foot to square foot fo Modular Purchase purchase: $36.00 (based on $50,000) rent: $15.00 renovate: $28.40 r addition: $64.28 Renovation Renovation (With Modular) (With Addition) Addition 1 Year $ 20,160 $ 501000* $95,000 $65,000 - $70,000 $90,000 10 Years $201,600 $ 50,000 *Does not include expenses such as phones, moving, security systems, sidewalk access, decking, etc., $38,428 for building, delivery, set -up and skirting. The renovation expenses decrease slightly due to elimination of certain items previously planned that can now be done more inexpensively due to the immediate proximity of the addition. Total Modular ($50,000) and Renovation ($95,000) _ $145,000 Total Addition and Renovation ($160,000 + $6500 *) = $166,500 Increased Cost - $ 21,500 *Architectural fees will increase-to $15,000 ($6500 additional cost) making total $166,500. Above are rough estimates of expected costs. OPC will need to follow the laws for local government that regulate bid procedures. N N VA Constructing a permanent addition is preferable in the following ways: (1) Keep all staff in same facility, no problems of proximity. (2) It is permanent, not temporary space. (3) Avoids sewer problems, taps into existing sewer. (4) Little or no neighborhood impact. The only disadvantage is that permanent construction is certainly more expensive than a modular ($64 /sq.ft. as compared to $36 /sq.ft.) and it is more time consuming. In a preliminary meeting with County officials, approval in concept was given to us as well as an informal plan to consider funding $20,000 towards this project. Proceed with plan to build an addition to Northside Building #2 instead of acquiring a modular, and complete the previously planned renovation. 3 1 O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 Action Agenda Item # SUBJECT: Addition to the Classification and Pay Plan DEPARTMENT: Personnel PUBLIC HEARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: Nick Waters, 732 -8161/ Elaine Holmes, Extension 2550 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To add the EMS Field Supervisor class to the Orange County Classification and Pay Plan. BACKGROUND: The FY 1990 -91 Approved Budget included the addition of two Permanent Full Time paramedic positions in the Emergency Management Services budget to address the increased.number of service calls and to promote the County's Emergency Medical Services (EMS) Quality Assurance Program. After receiving feedback from the Emergency Medical Services'Advisory Council and upon the recommendation of the Medical Director, the Emergency Management Services Department determined that two supervisor positions are needed for the EMS program. These supervisors will- assist both paid and volunteer EMS personnel with-on -scene coordination of activities during emergencies. They will also work on a daily basis to assist personnel to learn and use the policies and medical protocols that set the standards for high quality care in Orange County. The supervisors will allow us to transfer our extremely good medical guidance into more uniform and efficient day -by -day performance in the field. The result will be improved emergency care for our citizens and increased pride and satisfaction for our employees and volunteers. EMS developed a position description reflecting the supervisory responsibilities. Municipal Advisors, Inc., the classification consultant, has studied the positions and has recommended the classification of EMS Field Supervisor at Salary Grade 68. This is two grades higher than the class of Paramedic at Salary Grade 66. The EMS Field Supervisors will supervise Paramedic positions. Funds are available within the FY 1990 -91 budget to implement this action. At its April 26, 1991 meeting the EMS Advisory Council reviewed and endorsed the establishment of these two positions as EMS Field Supervisors at Salary Grade 68. RECOMMENDATION: Approve the addition of the EMS Field Supervisor class at Salary Grade 68 to the orange County Classification and Pay Plan. I O R A N G E CO U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 SUBJECT: Substantial Equivalency Exemption For Classification and Compensation DEPARTMENT: Personnel ATTACHMENT(S): Attachment 1 - Basic Requirements for A "Substantially Equivalent" Personnel System Attachment 2 - April 18, 1991 State Personnel Letter Regarding Substantial Equivalency Attachment 3 - Draft Letter From Chairman Carey Action Agenda Item n =D PUBLIC HEARING: Yes X No INFORMATION CONTACT: Elaine Holmes, Extension 2550 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill -967- 9251/968 -4501 PURPOSE: To adopt a statement of intent to apply theme same classification and pay system in Health and Social Services Departments as has been applied.in other County departments through the Phase I Classification and Pay Study. Such a statement is necessary for the County to'obtain the State's substantial equivalency* exemption for classification and compensation at the State Personnel Commission's June 6, 1991 meeting. This will allow -the County to implement Phase II of the Classification and Pay Study results effective July 81 1991. BACKGROUND: In October 1990, Orange County requested that the Office of State Personnel grant the County "substantial equivalency" exemptions in the following areas: a. Recruitment, Selection and Advancement b. Classification and Compensation C. Training d. Performance As Basis For Continued Employment /Reduction In Force (except the appeals procedure) e. Equal Employment Opportunity and Affirmative Action 4 f. Political Activity. The Directors of the Health and Social Services Departments and their respective Boards have endorsed the County's substantial equivalency request. The substantial equivalency exemption means the County may carry out personnel functions for Health and Social Services Departments now handled by the State such as position classification, approval of personnel actions for Permanent employees including appointments, promotions and the like. The substantial equivalency exemption has many positive benefits for the County. It will allow the County to handle personnel functions for Health and Social Services Departments in the same way as for other County departments. For example, State Personnel currently classifies Positions in Health and Social Services and does so based solely on comparison to similar positions state wide. If the County had the substantial equivalency exemption for classification and compensation, then the County would determine the classification of these positions and the positions also would be compared to positions within Orange County= to insure equitable internal relatipnships exist for our work force. Attachment 1 outlines the State's basic requirements for a "substantially equivalent" personnel system. The substantial equivalency approval is granted by the State Personnel Commission upon recommendation by the Office of State Personnel. The next State Personnel Commission meeting is scheduled for June 6, 1991. For the County to implement the Phase II Classification and Pay Study results effective July 8, 1991, the substantial equivalency exemption must be granted by the State personnel Commission at its June 6 meeting. Effective January 7, 1991, Orange County implemented the Phase I Classification and Pay Study results. This followed the Orange County Board of Commissioners approval of such implementation at its December 18, 1990 meeting. The Phase I classification and pay system currently- is in place for County departments, except Health and Social Services. In October 1990, the Count- with State Personnel's permission began Phase II of the Classification and Pay Study. This includes positions in the Health and Social Services Departments. Phase II of the study- currently is in progress. 3 The County is working toward the objective of implementing the Phase II Classification and Pay Study results effective July 8, 1991, contingent on Board approval. Estimated costs to implement Phase II will be included in the recommended Fiscal Year 1991 -92 budget. To implement the Phase II study results, it is necessary that the County receive State approval of its substantial equivalency exemption request for classification and compensation. On April 18, 1991, State Personnel completed its review of the classification and compensation section of the County's substantial equivalency request. This process has included extensive State Personnel review of the Phase I classification and pay system. In its April 18, 1991 letter (Attachment 2) State Personnel advised Personnel that it will recommend that the State Personnel Commission approve the County's substantial equivalency exemption for classification and compensation at its June 6 meeting, if the Orange Countv Board of Commissioners adopts a requested statement of intent. This statement would specify the Board's intent to apply the same classification and pay system in Health and Social Services Departments as was applied in other County departments as a result of the Phase I Classification and Pay Study and the planned effective date. Attachment 3 is a draft letter from Chairman Carey to State Personnel which conveys the requested statement of intent. State Personnel advises that such a statement of intent is necessary in view of the fact that as of the June 6. State Personnel Commission meeting the Phase Il study will not have been adopted by the Board. The current plan, contingent on study completion, is to report on Phase II study results at the June 3 Commissioner's meeting and to propose adoption of the study results at the June 26. Commissioner's meeting. Following completion and implementation of the Phase II Classification and Pay Study =, our plan is to pursue State approval of the remaining sections of the substantial equivalency exemption on a section -by- section basis. RECOMMENDATION: Adopt the statement of intent in the draft letter from Chairman Carey to State Personnel and authorize the Chair to sign the letter. 4 Attachment 1 BASIC REQUIREMIEhTS FOR A "SUBSTANTIALLY RQUIVALy1;T" PERSON\ L S�:ST� :- '•" The board of county commissioners of any count)' which shall' establish and maintain a personnel system or system portion far all employees o_` the county subject to its jurisdiction, which system or pa:tion is found from t,ime.to time by the State Personnel Com,'aission to be substantially equivalent to the system established under Chapter 126 for employees of local social service departments, public health departments, mental health centers and local emergency management offices, may include employees of these local agencies Within the terms of such system. Employees covered by that system or system portion shall be'exemnt from the provisions of Chapter 126-. -From Section 1 cf Personnel policies for Local Government Enclov-ment Suh�ect to the State Pe_sonnel Act *�* Revised Octooer 1, 1953 1-5 5 "awsic Recuirements for G personnel Suste:.I Merit ?rinciole I: Recruitment, Selection & Advancement General Requirement. Recruiting, selecting and advancing'emoloyees will be oz the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment. (A) R CRUITI-17-NT (1) Requirement. There must be a planned and organized recruit- ing program, carried out in a manner that assures open compe- tition. (Gu;:ae. The recz- aitinc pros^ should be an ecsiZu recoen;z- cble cnd stz- actured Dart o)" the stGj j "�na aes:Gr; or 4r,e per - sonnel All vacancies should be conspicuously posted ;r. c regular 4occt::on Cccess;:ble to an— �recuented Cy er�ZO ✓ees. ej i "erts are to oe e =tenaied outside the orca .ration, posttinc should cZso occur r, c cro. ner.47.v :; �Zic Zocc tor. wstr- -n the LJLLr2sd-*c -.iOn, c,-z' 'L4r ther u1t�.- 'zation of _.=G -o and mec;,G Gd er- - ::Se,,Erts, cr:w Z.st -nc u�th the Z::�Zoyment Se=-" y Co:: iss lor, shouZc `occur t0 broaden -.CnS. (2) 2eou;;remert. Spec' a'! e,.,_ hasis k::ll be mlacec on efforts • to attract minorities, women, the hancicapped, c_ other croups that are subs4zn- tial ly under represented in : 7e jurisdiction work Farce to help assLre thev will be a.. one the candidates from, whom aapaintne its zre made. (Gus:-c-. F Ll;:r -o fro,;, ithir, should ; c rZv cc nswder and encourcae workers of this Cro:... For underrepresented croK'Ds ir, the L,)CrY, force, schools, Co..::,.1r 1 colleges, selective medic, Interest crclz-�s, and other orcar.- ations contacts with women r.-.-i o_^- ities, r d:c��,ped, and older croups should be ;:n-"or7e2 Cf vwGar_c:es in order to a: rtic:�Zcr7J e n.o:.LrGce pcter:t4Gi =V--,karts.) (l) recu:remert. The selection of applicants for vacant positions will pe t_'L ough onEn co:mpetiticn. (G:..:.de. Selections fro-i is Zop:ccZ where there is neee to they career ceveLC7,;,er.t, and the wark force Oenercliv vs cee- c:L:telu r e --resent: t: ve of all race, sew , etrn3;'c G7'd cSCCVGrtaJed CrC S Cj" tre l^bC" force. In 1'1 nv ccses, `t i,7:ll be DerET ";.C:CZ to select frcm G crcLzp or G: plLCCrtS oC:.r.E.^.~trrClL?Ii :.Y,te:'"7^.,^,.Z cndG emote_. -µ L C...m et (2) ec:::re�er. Selection D oced:..es will be job =elaZed and wi 11 D-- in accord with the s.ipula. ions, validi zy, ;eliab;li�y, and caiecti�it�' e; the Una =ate Guidelines on _-:)1o",ee Selection Pro - cedures (1975) (- ederal). 6 lGu w2. (?) 27'here are several select on approaches ava:.Zable. ALL should measure the i.?;portart skiZZs, krcraledges, abilities, and work behaviors needed for a job. Validated written tests, assessment centers, structured interviews, and supplemental self- assessment applications are being successfully used. However, it may well be that no one approach will be suitable for all jobs of the jurisdiction. The "content validity" portion of the Uniform Guidelines appears to offer the greatest practical Latitude for most jurisdictions. Adequate ,job analysis . should insure the ,job relatedness of the approach(es) chosen. (2) There is considerable Leeway granted in determining a manageable number of eligibles to refer to hiring authorities; however, provisions which would result in random appointment from an entire list of eligibles with disregard for relative abilities, knowZedges, and skills, would not meet the requirement. Advantage should be given to the most qualified available eligibles.) (3) Requirement. ,lob related minimum requirements for entrance to a class will be established wherever practical, and will be met by all candidates examined, appointed or promoted. (Guide. Program directors should be recognized as a vaZuable resource, and used advantageously in determining minimum re- quirements. Regular minimum requirements and competitive procedures may be waived or Zimited to 'hire handicapped persons who have physical or mentaZ impairment substantiaZZy Zimiting a major Life activity. Minimum qua- Zificat ions and duties may also be modified to perrrr�t trainees . J (4) Requirement. Prior to receiving a permanent appointment, each employee will satisfactorily complete a reasonable, time limited probationary period. (Guide. A probationary time Limit of less than three months would guestion_=Zy give supervisors enough time to fairly assess new erraloyees, while a period in e=cess of one year could be questionr..bZy Lengthy. The empZoyees' performance shouZd be cioseZy reviewed during the probationary period and positive -"eed'oack given by supervisors or. bath accomplishments and areas needing attention:, so that success is encouraged.) (C) CAREER ADVANCE? ZNT Requirement. Policies and programs affecting and effecting promotions will consider all eligible employees within the jurisdiction and adequately assure that all persons promoted are cuali.fied. (Guide. Internal career paths and advancement need tone conscientiously attended. Persons may be advantageously re- cru..ed -"rom outside the organization through open competition where this wiZZ provias a:.il_:ties not available internally, the organization will be enriched, or opportunities for under- represented groups wiZZ be improved.) 7 Merit Principle II: Classification /Compensation General Requirement.' A current, eauitable, and adequate position classification and compensation plan will be provided. (A) POSITION CLASSIFICATION (1) Requirement. ,lob Evaluation (syn. classification) plans will be based upon a soundly applied, professionally accepted job evaluation methodology which establishes the relative strength of related positions through consideration of the difficulty, responsibility, and other requirements of the work. System components and all relationships determined,.along with accompanying rationale will be fully documented. (Guide. (I) The ,job analysis process should be carried out so that it is equitably consistent in all appZications. yob anaZysis factors w1 ich normally shouZd be included in addition to difficulty and responsibility, are working relationsh -rs and working conditions. Physical effort and other considerations of in-mortance to empZoyees and managers (and /or required to identify and measure the work) may need to be added for given job types. (2) YKe rationaZe for cZass (syn. skiZZ Level, work ZeveZ, etc. J rEZatiOrcShipS should be aacurented ir. detail su;"icient to reconstruct the reasoning, on the bas ti's of the ,job evaZuation factors, which Zed to a Logical analytical concZusion. Such. documentation should also be constructed to serve the rvumose of guiding future analytical efforts. (3) Current crganizaticnal charts, nosition description fiZes, class hista:ry files, and related information needs to be maintained to aid ,lob anaZys is. ) (B) CoNL"ENSATION (1) Reouz'rement. The compensation plan will, within labor market constraints, have as its principal basis the class relation- ships (syn. skill level relationships, job relationships, work level relationship, etc.) discerned by the classification process. (2) ReGuirement. within the limits of local financial ability and fiscal policy, the level of compensation assigned to each class of the plan will, in conjunction with (1) above, adequately consider the competitive labor market within the geographical area of recruitment. (Guide. (1) Where classes have been dete- -nined by the cZassi- fication vrocess to be significantly related ti.n ter -77s of recr'k:.tmen l',abar market recuirements or Wort; requirements, the cxrpensation relationships between related classes should re-Lect vertical and harizcntaZ reLat,.onSh.vs Sucaested az; the CLaSSi.)icatioY! anal' ✓SiS. Erce ✓BOYS Should OCCUr p1ilU in thJse areas _w.zere s atutor✓ or oraan;zat:0';L cei ngs ~Or for appointed or elected officials, as an expression of fiscaZ policy, act to compress logical pay relationships at given levels, or where other circumstances might dictate reasonable compromise as necessary to avoid disproportionate damage to the overall integrity of the classification and pay plan.. (2) Comprehensive salary surveys should be conducted at least annually to gather data on-rates being paid for substantially similar work by competitors. Such surveys need to be designed with the geographical area of recruitment in mind. WhiZe clerical employees and some paraprofessional employees are recruited ZocaZZy, it is usually necessary to recruit regionally, statewide, or even nationally for other paraprofessional, and many professional and managerial positions. (3) It should be recognized that the Pay Policy of the jurisdiction is uZtimateZy represented by the Position Classification and Salary Plans. This Pay Policy must establish and maintain, insofar as feasible, a system of compensation which provides a viable basis for securing and maintaining a sufficient, effective work force from the Labor market. Pay Policy is established and maintained through assessment and reconciliation of several influencing I actors, which may frequently reZate as confZicting demands or constraints. These factors include (a) relationships among positions, as estaoZished through the process of ,job evaluatian (b) ewternaZ Labor market dynamics, in terms of wage and salary rates, appZicanty sources, availability and s uonlu (c) the j2.Lri.sdiction's abiLity to pay and compete, in terms of economic conaiti0?7S and allocated financial resources for salaries and benefits (d) "Public PoZicy ", as de finezi by the Governing Board, and (e) criticality of operations.), (3) Recuirement. Logical and equitable practices will'be established which guide salary administration in positions and employee actions within the jurisdiction. (Guide. PoZic --,es guiding salary administration for inaLviduaZ empLOyees in Salary range revisions, reclass ficati.on 1Mward Or aoiJYLiJ^._ra, abpointments, promotions, transfers, aemOti Ons, suspensions, or reZate actions should show fair and reasonable concern far the nature of the actions they cover, and reflect cons, -ion Of Do h empLDU2e an- managez al interests. Interpretive consistency shou(.G be (=- objective in =y-to-day applications. ) Merit Principle III: Trai.ninc General Recuirement. quality perform Hance. ?�rnplovees will be trained as needed to assure high (Guide. In addition, to providing training to improve per :°ormance, training sh.Duld be provided to prepare employees for more responsible ass cr-men F and to ir.;�lement affirmative action plans for ecuL empLovmert cppartunity. Training programs shouZd include systemat -ic methods for assessing training needs, providing training to meet priority needs, seiectine personnel for training, ana evaluating the training proii.aed.) 4 Merit Principle IV: Performance As Basis For Continued Employment /Reduction - In Force - -• -• -• .— ! General Requirement. Employees will be they sustain satisfactory performance. to improve inadequate performance, and employees whose inadequate performance (A) EMPLOYEE PERFORMANCE continued in good standing as long as Attempts will be made with employees provisions will be made for separating cannot be corrected. (1) Reeuirement. Employees who have acquired permanent status will not be discharged, suspended, or reduced in pay or position except for just cause. (Guide. (1) Just cause would normaZZy be related to a failing in work performance or personal conduct to the extent that the terms and objectives of employment are unfuLfiZZed, or personal behavior is detri;mentaZ to the araae and working relationships of the juris- diction. The degree and kind of disciplinary action taken needs to be based upon the sound and well considered ,judgment of management. (2) Wo employee should be subject to separation, or other disciplinary actions for disclosure, not prohibited by Law, of violations or Lays, rules, or regulations, or other improper actions. Prohibitions and protections against repr -Lsals should be assured e=Zoyees reporting wrongdoing or inefficiency. (3) Er;pZoyees need to be eu ;Zuated periodicaZZy on a systematic and job related basis to provide needed information for superviscrs to assess the adequacy of inaivtiduaZ employees to recognize their o•,7n performance improvement needs and as a basis for personnel actions including promotion., recogrizing or rewarding superior performance, and correcting inadequate performance or separating employees in cases where inadequate performance cannot be corrected.) (2) Recuirement. Policies will be developed which provide for fair and uniform procedures for demotion, transfer, suspension, or dismissal of employees whose performance continues to be inadequate after reasonable efforts have been made to correct it. Such policies shall specifically provide that in the case of such disciplinary action, the eaployee will, before the action is ta?:en, be given a statement in writing setting forth in numerical order the specific acts or omissions that are the reason for the disciplinary action, and the employee's appeal rights. A copy of this statement shall be filed with the County Personnel Director. (Guide. (1) Adecuate and spec is notice o," unsatisfactory perfc-nmance should be giver. to e,.; .-Zouees prior to discipLin.a_ry action so as to offer reasonable opportuni7y Tor eorrectior. 1'S�cZ�vnle warning of nro^ress lve severity are recommenaea where l� n inadequate per' _=,ance is sustained. This might incZude a spec j oral warr:ino from the supervisor in the first instance, an oral Warr ira with specific foZZow -up letter to the empZoyee in tiie second, and a final written warning zr ih full knowledge of the department head whicn might incZude a direct notice to the 10 employee that a continuation of the practice may.resuZt in dismissal. Each ZeveZ of warning should be accompanied by suggestions for corrections and the employee should be given ty to give reasons for his actions. (2) An employee an opportuni may be suspended without warning for causes related to personal conduct detrimental to Cowity service, pending the giving of written reasons, in order to avoid undue disruption of work or to protect the safety of persons or property, or for other serious reasons.) (B) REDUCTION -7N- FORCE Requirement. Retention of employees in selected separations due to curtailment of work or lack of funds will be based upon systematic consideration of type of appointment and other relevant factors which consider employee contribution. (Guide. (I) No permanent emaZcyee of good standing should be separated upon reduction in force w'r_iZe there are emergency, intermittent, teroora_ry, probationary, or trainee employees serving in the same class in the jurisdiction, unless the permanent e.,;ployee is not willing to transfer to the position held by I.-he non - status employee. (2) In addition to type of appointment, other i - Mortant and relevant factors which shouZd be uniformly considered are length of service and relative efficiency. (3) It, is desirable to provide reinstatement rights within a specific time period to employees separated due to reduction in force.) (C) PPPEALS (1) Requirement. Generally, in the evert of disciplinary action, suspension, and dismissal, the county will provide permanent employees with the right to appeal through a timely and im- partial process, the results of which may be recommendatory to or enforceable upon the appointing authority. The grievance procedure shall also give access to employees with non - disciplinary grievances which do not involve issues of inherent management prerogative, such as budgets, and 'hours and conditions of work. Appeals of alleged discrimination in any personnel action on the basis of race, color, religion, sex, national origin, political affiliation, age, or handicap by any applicant or employee will result in timely, enforceable decisions. (2) Requirement. To assure impartiality, the County Board of Commissioners will create a County Personnel Commission, which among other areas of responsibility and authority that may be assigned, will hear and decide all appeals. The authority of the County Personnel Commission for effecting its decisions shall be in accordance with the provisions of (1) above. The membership of the Commission will consist of persons appointed by the Board of County Con=issioners with due retard to its nature and purpose, with the stipulation that at least one member be chosen to represent the employees of the county. Such appointments will not include the county manager, county 11 attorney, incumbent county commissioners,, department heads, or their family members of relatives. (3) Requirement. The County Personnel Commission will have access in its meetings and deliberations, to the counsel of a private attorney, not associated or engaged professionally in any transaction of the county. (4) Requirement. The County Personnel Commission will have the power to subpoena witnesses, principals, or other parties relevant to a fair and objective pursuit of an equitable decision. (5) Requirement. Proceedings before the Commission shall be re- corded. At its discretion, the Commission may furnish a transcript of the recording or a copy of the recording upon request. Decisions of the Commission shall be in writing and maintained by the Commission. (6) Requirement. An impartial grievance procedure which has as its objective the timely and logical resolution of all grievances at the lowest practical point in the organization shall be established, with right-of appeal assured at each step up to the County Personnel Commission. To the maximum extent possible, grievance procedures will include steps to resolve discrimination and all other types of employee, griev- ances without recourse to the formal ai)peals process represented by the County Personnel Commission. _ (Guide. (1) Assurances should be provided which aZZow errZoyees to present their o_°oblems or grievances in accordance with' the pro- cedures provided by the county, free from interferences, coercion, restraint, diSCr7 :T17iYIa161 , or _"epriSaL. All employees should be fully informed of the grievance procedures adopted and o;" their rights and ocZigations thereby. (2) The composition of the County PersonneZ Co;nrssion miokt armo uvon co,.....c7 ;.,,y resources in a nature cons:.Stert with its purpose. Persons selected fro.., business or industry, who are engaged in the curre7.t practice of persom2eZ =Em n*stration,~;,nstructors of pubZic administration from i7:StitutiOns o.T" hi Cher learning, and persons whose professio7.aZ orientation would Lend objective under- - standinc o- ermLoyee concerns wouZd be e:..,;rmLes in keeping tL,'th this pu- "pose. l;emoersn;,n also needs to be enhanced by minority and -"emaZe representation. (3) In the interest of avoidira stipuLatians vhici: waif "cd work to C1LrtaiZ the empZcyee's cpporti4ni;.yJto present his version of the circumstances and everts surrounaing a grievance, it is suggested ti7azt tine rug es c-" evidentiary presentation be used only if requested by the employee. in the absence of such request, the Co7^:-issiar.'s evidentiary ruLinys shcuLd be effected in a mminer favorine full ciiscZosu_re of aZZ pertinent _-acts. (4) The Co=-::ission Should nave at its aiSllOSaZ, means for enabling reaso]:. Ze w::tness ewpenses to be reimbursed as a�vroa Ya✓e. (o) she reLationsnio oE- tween the County -FerscnneZ Co=ission and the CiviZ Court System as to pagers, authorvty, and LegaZ expectation should be ewDlained 12 Merit Principle V: Eeual Employment Opportunity /Affirmative Action General Requirement. Fair treatment of applicants and employees will be assured in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, age, or handicap and with proper regard for their privacy and constitutional rights as citizens. This "fair treatment" principle includes compliance with the Federal equal employment opportunity and nondiscrimination laws. (A) EQUAL EMPLOYMENT OPPORTUNITY (1) Requirement. Equal employment opportunity will be assured for all persons. (Guide. (1) Provisions of the personneZ system should assure that no individuaZ is deprived, or otherwise discriminated against, with respect to consideration for employment, compen- sation, and aZZ other terms, conditions, or privileges of empZoyment. (2) c.qua-Z opportunity appZies to every individuaZ and does not mean preferential treatment, unZess except;.onaZ remedies are necessary to correct the effects of Longstanding discrimination practices.) (2) Requirement. Prohibitions against discrimination consistent with the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, the Age Discrimination in Employment*Act of 1967 as amended, the Rehabilitation Act of 1973 as amended, and other relevant statutes will be established and enforced.- (3) Requirement. Retaliation against those who protest alleged discrimination shall be prohibited. (Guide. (1) The CiviZ Rioi;is Act of 1964 as amended in 3972 (£quaZ D=Zoument Opportza ity Act of 1572) prohibits discrim- 7.nation based on race, coLor,. sew, or na:ionaZ orlIcin and =)vZies directly to State and Zocal governments. The Equ:.Z Pay Act of 1963 requires equaZ pay for equaZ ZeveZs of work recard%ess of sew. Tne Aoe Discri:mnation in E=m oyment Act oJ° 1967 as amended protects individur-Zs between the ages of €0 and 70, and the Reh.�iL tat ion ,pct of 1973" as amended cves assurances to the handicapped_ The Ur:i."orm Guidelines on i,,nlovee Selection Proced gyres (1578) is aLso irpertart as an interpretive aocwnent. (2) rederaZ Zaw provides _r"or an ew- ception from the aeneraZ ruZe prohibiting discrimination .n cases where reLicion, se=, national origin, or ace is a bona fide occupatioraaZ qualification for employment. Powever, court tests and other interpretations indicate there are few., any, jobs covered here to wrich this ewception mzy be app Lied.) (B) A_FFIR*:=,TIVE ACTION (1) Recuirement. The coverning body will adopt a written HO /AA. policy which clearly outlines the governing body's intent, actions and ccr= tment in retard to EEO and AA. This policy 1 -11 13 statement shall ensure Greater utilization of all persons by identifying previously underutilized groups in the work force, such as women, minorities and the handicapped, and making special efforts toward their recruitment, selection, appointment, promotion, development and upward mobility. (Guide. The head of the governing body --- e.g.; the Chairman of the County Commissioners -- shouZd sign the poZicy statement, copies of which shouZd be disseminated internaZZy and externaZZy.) (2) Requirement-. The jurisdiction shall develop and implement a continuing program of Affirmative Action in order to assure that all personnel policies and practices relevant to total employment in the jurisdiction will guarantee equal opportunity for all persons. Also, sufficient resources should be devoted to adequately implement an Affirmative Action program. The program should include: (a) Identification and elimination of artificial barriers to equal emplo)rment opportunity. (b) Kbrk force analysis to determine whether percentages of minorities and women employed in various job categories are substantially similar to percentages of those groups available in the relevant labor force. Where underrepresentation occurs, employment pro- cedures will be analyzed to determine the cause. (c) Development of a systematic action plan, with goals and timetables, formulated to correct any substantial disparities or other problems identified in the work force and employment analysis. (d) Periodic evaluation of results to assess the effectiveness of the affirmative action programs in achieving afiirmative action goals on a timely basis. The Affirmative Action plan should be updated at least every two years. (Guide. (1) An E -0% officer shouZd be designated for tine ,ju-ris- diction wv -o shaZZ have primary responsibilities for the zmplementa- tion and day to dray operat:on of the Af f �at:.ve Action program. (2) Work force c:ta c� most meaningfully be obtained and presented by job c.~�.tecory. Federal jcb Categories, u.Ced 1.n subm, tt-6- �0 -4 reports, are su geste,f. Tne prima_ »y sourrce for Labor force =- to in Mortn Carolina is the N.C. E'7?Zoyment Secu-rity Co=issicn. It shouZd be rer-Lized that Zabcr force data from several different Labor market. areas (geographicaZZy) may be needed to measure progress, since the j:C'isdictioYc ZikeLy recru-ts on that basis for different types and Zeve Zs o f jobs. Agency work _force anaLvsis and problem identification normally needs to be based on tine perce7.tace cf cuaZified persons by race, sew, and ethnic group a'vCila7Le in tre r2LEJaf2t Labor force. Vnere these are r:Ot aJa i tc z;a Z labor force nay be used. Work force ana Zys s shoo Ld give a ttent ion to ii:G 1 iCU a L iCb C LAS S i j "..Cat iOr, c LµSS ✓ I "V CC 0K series, or occupat on„Z grou:)imgs as aopropriate. ) (3) Requirement. Management and supervisory personnel must be held accountable for progress toward affirmative action goals in appropriate circumstances. 14 (Guide. A mechanism for reviewing each manager's unfit of responsibility and each supervisor's unit, to discover whether progress towards improved representation of one or more protected groups needs to be made, and, if so, if such progress is in fact being made, must be implemented. Use of annuaZ performance reviews for this purpose is acceptable.) (C) EMPLOYEE RELATIONS (1) Requirement. Personnel administration within the jurisdiction will conscientiously recognize the dignity and value of the individual employee and promote means of communications, participation and understanding among all employees. (Guide. Provisions and strategies within the personneZ system should seek to effect mutuaZ understanding, participation, and accord between management and employees in achieving the overaZZ mission of the county. Wher,, for whatever reasons, there may occur a breach of understanding in any .area, efforts for empathetic resolution shouZd be immediately effected.) Merit Principle VI: Political Activit General Requirement. Employees will be protected against coercion for partisan political purposes, and will be prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination foz office. (Guide. PoZicies or. poZiticaZ activity need to assure that aZZ employees have the runt to ewpress their views as citizens, to u pursue their Zegitimate involvement in the poZiticaZ system, and to vote; that empZoyees not encace in or be subject to coercion �; "er poZiticaZ purposes, and not seek candidacy Tcr pubZic off:.ce in a pWrt.son election.. ) 15 GENERAL Procedure For Submission At such time that a county has developed an overall system of personnel administration or a portion of such system .which is felt to meet the stipulations set forth herein, and wishes to petition the State Personnel Commission for a delegation of authority to administer such system autonomously, the official request will include: (1) Reouirement. The Board of County Commissioners will by resolution make known its desire for a delegation of authority to operate an autonomous system of personnel administration, or portion of a system and will certify that the system or portion being offered is viewed to be substantially equivalent to that of the State regarding local employees subject to the State Personnel Act, and will be maintained in that manner. (2) Requirement. P_11 documents and illustrations necessary to fully relate the rationale and substance of the personnel system or system portion being offered must be included. (3) Reauirement. An organizational, chart and such supportive narrative necessary to fully rearesent the staff complement and separate functional responsihil_ities of all individuals assigned to ad- ainister and maintain the personnel system or system portion will be included. (4) Recuirement. Provisions and strategies which will assure the continued currency and responsiveness of the personnel'system or system portion will be generally detailed, either jDy excepts or additional documentation. (5) Recu;:rement. The overall submission should be. to the State Personnel Director, Office of State Personnel, Attn: Local Government Coordinator. (Guide. The LocaZ Government Coordinator wiZZ coordinate the overaZZ st^j_77' review O te7 f � X c ti.on w,"thin the C_f ice of State RerscnneZ prior to a reco=n end. t7,On to the State ?ersonneZ CoTC7 scion fog' finaZ aC -�cn. .Sta rev --'ew ov v!:e DffZce Cf State PerSonneL wilZ ,7e ou--s led witY: a CLose,.y COcpe?'.ative and in7�07'." aZ reLG4�OriS/.i_'J WJ ..!: the S147•'" -`.t inC JLL"T.Sw;.0 tion as necessar-u to fuLZy w--der- stand and e-=Zore the su2)Stance of the System or oort ,cn be-n= Offered, and to provide aSsi.Stance as =)Dronriate. .L :.s review W ZZ ha-je as its rur-oose the foZZoi, inc cons-.,d - era t ons . (1) The resolve an-2 •o.. i w.�eT:t o f the governing DOau. (2) The cvera7-Z extent to wr..cn the proposed personnel SyStE.", or SuSte•'% portion may be viewed as "substmltiaZZy BC l: JaleY.tll :.n conce z and SuoStance to v!= 01 the. State 'c" LOcaZ amrLOyeeS S:[^Jec- to the �tctG e: scnna Z Act, a5 b:! the _reaLfS.rements and cu; des c-, tn-s docucr,ent. r 16 (3) The staffinc of the personneZ =unction as reZ:�es to the capability oj" the jurisdiction to success- fully administer and maintain the system or portion proposed. (4) The adequacy of provisions and strategies which will assure the continued currencu and responsive- ness of an individual portion or the severaZ. portions of the overall system. (5) Other factors and considerations that might have a strong direct or indirect bearing on the juris- diction's success in assuring the efficacy of the proposed system or system portion.) Areas Not Covered By The Delegation Agreement Coverage requirement. Authority for final determination of the applicability of the State Personnel Act, and thereby these recuirements, as concerns any local employee will continue to be vested in the Office of State Personnel. (Guide. 6z) Zicability is primarily contingent upon the "limits of contractual acreements enaDLinc the designated Feder--Z or State grant -in -aid to Local government, the basic details of which are set forth in the State Personnel Act. Questions of coverage should be addressed to the Loca; Government Cocrdin.a tor, Office of State Personnel. ) Ongoing Conditions Of The Delegation Agreement (A) System Review Subsequent to a delegation of authority by the State Personnel Commission for an autonomous local personnel system, or system portion, such, system or portion will be subject to review annually by the Office of State Personnel. If at any time it is determined that the system is no lor.cer substantially ecuivalert, the dele- gation agreement will be rescinded. (B) Records And Reports Appropriate personnel records will be maintained to assure the proper administration of the personnel system or system portion. Periodic reports, upon request, will be prepared for the Office of State Personnel as may be necessary to effect the information flow recuire d to stay abreast of local operations. (C) Records Privacv Appropriate access and privileges for employees and appropriate limitations for other persons regarding the storage, utilization and disclosure of personnel records will be assured according to the provisions of the Records Privacy Act (N. C. G. S. 1637, - 98). 17 (D) Recertification of the acreement by the Board of County Co:anissioners to maintain a system or portion of a system of personnel adminis- tration in accordance with these requirements will be necessary from time to time in the following instances: (1) Upon significant change in the membershin of the Board of Commissioners. (2) Upon passage of significant new legislation or policy which will apply to the local system or system portion. (3) Upon major reorganization or restructuring of the personnel system of the County. (E) Separability If any provision of these requirements, in future application and interpretation, is held invalid, the remainder will remain in force and not be affected thereby. (F) Future StiDulatlons Changes or additions to the local personnel system or system portion, will be necessary from time to time to reestablish substantial equivalency in regard to significant new personnel legislation or policy which may come to Pertain to a Merit System of Personnel Administration. James G. Martin GOVERNOR STATE OF NORTH CAROLINA OFFICE OF STATE PERSONNEL April 18, 1991 Ms. Elaine Holmes Personnel Director Orange County Personnel Department P.O. Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Holmes: 18 A,Pf 2 2 iost Attachment 2 RICHARD V. LEE STATE PERSONNEL DIRECTOR We have completed our review of Orange County's classification and compensation system which will apply to all employees of the County, including those covered by the State Personnel Act. We find It equivalent to the State system which would otherwise apply. We are placing your request for a substantially equivalent exemption for this personnel system portion on the June 6, 1991 State Personnel Commission agenda. As discussed, we ►gill need a motion by the Orange County Board of Commissioners stating intent to apply the classification and compensation system, by a specified date, to the covered agencies (Social Services and Public Health). Should there be any questions, do not hesitate to contact me at this address or by telephone at (919) 733 -7108. MG ;dw cc: Moses Carey, Jr. John Link, Jr. Martha Pryor -Cook Daniel Reimer Lana Chandra Dusty Wall 116 VIEST .IONES STREET — RALEIGH 27603 -8004 Sinc rely, /(eG add i s Local Government Coordinator Substantially Equivalent Systems 19 ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. Attachment 3 Moses Carey, Jr. 27278 Alice M. Gordon 732 -8181 Stephen H. Halkiods 968 -4501 Verla C. lnsko 6B8 -7331 Don NVillhoit 227 -2031 644 -3004 (Fax) May 6, 1991 Mr. Mike Gaddis, Director Workforce Resources Division Office of State Personnel 116 West Jones Street Raleigh, north Carolina 27603 -8004 RE: Orange County Substantial Equivalency Exemption, For Classification And Compensation Dear Mr. Gaddis: At its May 6, 1991 meeting, the Orange County Board of Commissioners adopted the Statement of Intent shown below. 1 Statement of Intent It is the intent of the Orange County Board of Commissioners to apply the same classification and pay system in Health and Social Services Departments as has been applied in other County departments through the Phase I Classification' and Pay Study conducted by Municipal Advisors, (MAI). It is the Board's intent to implement such classification and pay system upon completion and adoption of the Phase II Classification and Pay Study now being conducted by MAI. The targeted effective date toward which the County is working is July 8, 1991. It is our understanding that with the adoption of the above Statement of Intent, the Office of State Personnel will recommend to the State Personnel Commission at its June 6, 1991 meeting that the Commission approve Orange County's substantial equivalency exemption as to classification and compensation. We thank you and your staff for working with us to achieve a substantially equivalent personnel system in Orange County. YOU COUNT IN ORANGE COUNTY! 6) zo If you have any questions, please contact Elaine Holmes in the Orange County Personnel Department at (919)732 -8181 extension 2552. Sincerely, Moses Carey, Jr. Chairman cc: Ms. Elaine Holmes, Personnel Director Mr. John M. Link, Jr., Orange County Manager O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6. 1991 Action Agenda Item # V=- E SUBJECT: Zoning Enforcement Cases - Recommendations on Civil Penalties for Zoning Cases DEPARTMENT: PLANNING AND PUBLIC HEARING: Yes xx No INSPECTIONS ATTACHMENTS(S): INFORMATION CONTACT: Jim Hinkley Extension 2584 Synopsis of Two Zoning Cases TELEPHONE NUMBERS: Hillsborough 732 -8181 Durham 688 -7331 Chapel Hill 968 -4501 Mebane 227 -2031 PURPOSE: To request the Board of County Commissioners to: (1) make demand for payment of civil penal - ties for continuing zoning violations, and (2) provide an extension before demanding payment of civil penalties. One zoning case (Underwood) has not been resolved after due procedure. This case is presented for the Board's consideration to make demands for payments of civil penalties. One violation (Swanson) appears to be nearing correction. A third extension in postponing demanding payment will be requested. RECOMMENDATIONS: The Administration recommends that the Board of County Commissioners take the following actions. 1. Make demand for payment of civil penalties in the following case. 176 Thomas W. Underwood 2. Provide a third extension before making demand for civil penalties in the following case. #67 Carl Swanson A 2 J SYNOPSIS OF TWO ZONING CASES CASE RECOMMENDED FOR PAYMENT OF CIVIL PENALTIES Underwood case Summary Location: 2524 Lannie Drive, Colonial Hills Violations: Storage of goods, outdoors; Storage of junk- ed motor vehicles. Status: Mr. Underwood has a number of physical dis- abilities which have been verified by his physician. Through his mother, attempts to make arrangements to have the vehicles and trash removed from the premises have been made. She has indicated, however, that her son would not be willing to sell the vehicles for what the salvage people would offer to rectify the violation. The violation contin- ues as of April 22, 1991. Filing Date: September 17, 1990 Date Civil Penalties Began: February 19, 1991 Accumulated Civil Penalties as of April 24, 1991: $6,500 3 CASE RECOM4ENDED FOR EXTENSION Swanson Case summary Location: 1903 Adams Place, Colonial Hills Violation: Storage of goods, outdoor Status: Progress to correct the violation is taking place at a slow but consistent pace. Contact with Mr. Swanson and site visits verify that progress is being made. The violation con- tinues as of April 22, 1991. Filing Date: June 5, 1990 Date Civil Penalties Began: November 20, 1990 Accumulated Civil Penalties as of April 24, 1991: $15,600 .I I.I -171 i i I:..I it O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6 1991 1 Agenda Abstract Item # -F SUBJECT: ADVERTISEMENT - MAY 28, 1991 PUBLIC HEARING DEPARTMENT: Planning ATTACHMENT(S): Proposed Legal Notice Proposed Public Hearing Items PUBLIC HEARING: Yes—X_No INFORMATION CONTACT: Planning Director X2592 PHONE NUMBERS: Hillsborough 732 -8181 Mebane 227 -2031 Durham 688 -7331 Chapel Hill 967 -9251 PURPOSE: To consider the legal notice and items for discussion at the quarterly public hearing scheduled for May 28, 1991. The next regular quarterly public hearing is scheduled for May 28, 1991. The Board of Commissioners reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Items to be considered at the May 28, 1991 public hearing include the following: 1. Assignment of House and Building Numbers a. Rural Route 2 - Timberlake b. Rural Route 8 - Stoneridge /Sedgefield 2. Zoning Atlas Amendments a. Z -1 -91 James R. Sparrow b. Z -2 -91 W.E. Blackwood 3. Zoning Ordinance Text Amendments a. Large Day Care Homes (1) Article 22 - Definitions (2) Article 4 - Permitted Use Table (3) Article 6 - Application.of Dimensional Requirements (4) Article 14 - Site Plan Approval Procedures 4. Subdivision Ordinance Text Amendments a. Section III -D Administrative Re- Approval 2 +' Approval of the notice will permit advertisement on May 15 and 22, 1991 as required the N.C. General Statutes. The proposed Zoning Atlas amendments will require notification of individual property owners. The notice must be mailed on or before May 13, 1991. The Planning Board considered the proposed ordinance text amendments at its April 22, 1991 meeting and recommended that they be presented at the May 28, 1991 public hearing for citizen comment. RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for May 28, 1991. ORANGE COUNTY PLANNING DEPARTMENT 3 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 NOTICE OF PUBLIC HEARING ON THE PROPOSED ASSIGNMENT OF HOUSE NUMBERS TO RURAL POSTAL ROUTES AND ON PROPOSED REVISIONS TO THE ZONING ATLAS, ZONING ORDINANCE, a:-ND SUBDIVISION REGULATIONS FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Sections 323 and 343, and Article 12, Section 240; Article 20, Sections 20.5 and 20.6, and Articles 2,2,12 and 2.2.13 of the Orange County Zoning ordinance; and Section VIII of the Orange County Subdivision Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Tuesday, May 28, 1991, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the followng items: ASSIGNMENT OF HOUSE & BUILDING NUMBERS The postal service routes proposed for a change from existing rural box numbers to a system of permanently assigned house and building numbers are as follows: 1. Rural Route 2 - Timberlake Subdivision This partial route affects approximately 35 residents adjacent to the Person County line and involves the following roads: Bacon, Berry, Gray, Sawyer, and N.C. 157 West. 2. Rural Route 8 - Stoneridge and Sedgefield Subdivisions This partial route affects approximately 240 residents on 23 separate roads in the two subdivisions. The area is located east of Turkey Farm Road and along the north and south side of Whitfield Road. ZONING ATLAS AMENDMENTS The proposed amendments to the Orange County Zoning Atlas are as follows: 4 the time of the request. The subdivision would still be subject to agency review, and the request for re- approval must be made within one year of the expiration of the plat. Section III -D -2 -g would be amended to permit only one such re- approval. Subsequent requests for re- approval must be presented to the Board of Commissioners for consideration. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill- Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will.answer your questions. Marvin Collins, Planning Director PUBLISH: May 15, 1991 May 22, 1991 61 Z. 2-1 -91 .tames R. Sparrow The property in question is located on the north side of N.C. Highway 54 between Morrow Mill Road (SR 1958) and Orange Grove Road (SR 1006). The property contains 2.94 acres and is specifically described as Lot 27A of Tax leap 26 in Bingham Township. The property fronts on N.C. Highway 54 for a distance of 300 feet and has a depth of 350 feet. The cur en4 zoning designation of the property is AR - Agricultural Residential and NC -2 Neighborhood Commercial -2. The proposed zoning designation is LC -1 Local Commercial -1. 2. z -2 -91 N.E. Blackwood The property in question is located on the north side of N.C. Highway 54 between White Cross Road (SR 1952) and Dodsons Cross Road (SR 1006). The property consists of two tracts containing 1.00 acre and is specifically described as par;. of Lot 13 of Tax Map 30B in Bingham Township. The property fronts on N.C. Highway 54 for a distance of 60 feet and has a dept of 400 feet. The current zoning designation of the property is R -1 Rural Residential. The proposed zoning designation on 0.35 acres of the property is LC -1 Local Commercial -1. The proposed zoning on the remaining 0.65 acres is NC -2 Neighborhood Commercial -2. ZONING ORDINANCE TEXT AMENDMENTS The proposed amendment to the Orange County Zoning Ordinance is as follows: 1. Large Day Care Homes Under the proposal, Article 22 of the Zoning Ordinance would be amended to provide a definition for "large day care home" - generally six to 15 children. Article 4 would be amended Yo add large day care homes as a permitted use in all zon_nc districts where single - family homes are permitted. Article 5 would be amended to require site plan approval for large day care homes and provide standards for evaluating the site plan. Article 14 would be amended to permit a day care operator or citizen to prepare their own site plan for a large lay care home. SUBDIVISION REGULATIONS TEXT AMENDMENTS The proposed amendment to the Orange County Subdivision Regulations is as follows: 1. Administrative Approval of Expired Subdivision Plats Under the proposal, Section III -D -2 -f would be added to allow the Planning Director to re- approve an expired subdivision plat, provided the design and conditions of approval were in compliance with zoning and subdivision regulations existing at CEO R GROVE TWF Li i 7LE 6 i7� BBB A 4Aur 3763 A � � I .. -� cry mg; , I CHEEKS NIL S90ROUGH NO TWP. �P TWR ' h¢y (:Mebane Hillsi] ph i i k ORANGE ROVE TWP- CHAP H L T P. I � s 1 j a b Cnrr F �o C�cpe1 SCALE: 1'-- Miles lz Oi'%ANC= COUN l Y Loea1 MadiGe+tio� — Brunowidc: 1979, 2nd Seat., t 1319; Cabw7 ut 1981. c 668. an.endlng 1979- 2nd 5em., c 1319; Avery: 1983. t- 98; Brunswick: ! 1983, G 98; Cabe": 1983, c- 99; New Hanover. j 19s3. c 98; Swig: 1983, c. 299; Surry: 1983. c. 299. - 153A -240. Naming roads and assign - ing street numbers in unin- corporated areas. A county may by ordinance name or rename any public road within the county and not within a- city, and may assign or reassign street numbers for use on such a road. In naming or renaming a public ! road, a county may not (1) Change the name, if any, iven to the road by the Board of Trans - portation, unless the Board of Transportation agrees; (2) Change the number assigned to the road by the Board of Trans- portation, but may give the road a name in addition to its number; or (3) Give the road a name that is deceptively similar to the name of any other public road in the vicin- ity. A county shall not name or rename a road or assign or reassign street numbers j on a road until it has held a public hearing j on the matter. At least 10 days before the day of the hearing, the board of commis - sioners shall cause notice of the time, t lace, and subject matter of the hearing to e prominent)y posted at the county court- house, in at least two public places in the township or townships where the road is located, and shall publish a notice of such hearing in at least one newspaper of general circulation published in the county. After naming or renaming a public road, or assigning or reassigning street numbers on a public road, a county shall cause notice of its action to be given to the local postmaster vntli iurisdiction over the road, to the Board of Transportation, and to any city within five miles of the road. This section does not repeal or modify Z1cLE 12 Chapter 943 of the Session Laws of 1933, w;:uch pertains to naming streets in Roads and Bridges. 1;.annapolis. (1957, c. 1068; 1973, c. 507, s. 5; c. 822, s.1; 1981, cc. 112, 518.) § 153A -239. Public road de,5ned- In this Article "Public road" or "road" mez ns any road.. street, highway, thor- oughfam, or other way of passage that has es be irrevocably dedicated to the public or in which the public has acquired rights by prescription, without regard to whether it is opeil for travel. (1973, a 822, s. 1.) Loco Modirscitio= ' Sru=wriele 1979, 2nd Seat.. a 1319: Cabassuc 1981. c. 568. amending 1979, 2nd Seas_ C. 1319; Forsyth 1981. t- 556: Guilford 1972, c 283; Avery. 1983. G 98; Brunswick 1983. a 98; cabar= 1983. t 98; New iiarever. 1983. e- 98; Stoke= 1983. c. 299: 5mr1. 2993. c 299. Editor's Dote. — Pursuant to Swaim Laws 1973, a 507. & S. -+oasd of Tr+aepvr+.stior' has been substisnud for Sm" Hiabway Commua+oa' sad for 180 1 ORANGE COUNTY, NORTH CAROLINA g APPLICATION FOR CHANGE OF ZONING DISTRICT Date: -March 6., 1991 -- TO THE BOARD OF COUNTY COMMISSIONERS D ORANGE COUNTY, NORTH CAROLINA D The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested. 1. The property is located on the North side of EXAX11 N_C_ _ •_ f Highway 54 Street /Road) between S.R.# 1958 and S.R.f 1006 . It is known as Lots) 27A 6Lock -- of Orange County Tax Map 26 - Binaham Township. It has a frontage of ±300 feet and a depth of ±350_ _feet, and contains 128,066 square feet or 2.94 acres. 2. It is desired and requested that the foregoing property be rezoned from BAR ;n$, C 2 to LC-1 -3, -- The .foLL-owing information has been _attached -In - support of the application for changing the Zoning Atlas I* - required on ell app li cations) . agencies (B.C. fire, polics. rescue end utilities agencias) as_. .A Tully dimensioned map at a scale of not loss then one 11) inch equals one — hundred Iioo) feet nor more than one 11) inch equals _ twenty 1201 Test—ShdwI'nC'- ,--she Land which is proposed to be rezoned. sou ht for rezoning Is attached. 'rho list is currant• as of 'b. A legal description of She land proposed to be rezoned. •c. A statement of Justification addressing one or wore of the fo L Lowi ng: 11) The alleged error in the Zoning ordinance, if any, which would be corrected by the proposed amendment with a dmteilad explanation of such error in the Zoning At Las end desalted reasons how the proposed amendment will correct the error. (21 The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment resaonsbly necessary to the promotion of the public health. astwty and general welfare. r 0131 Th■ wanner in which the proposed amendment will carry out the intent and purpose of the adopted Land Use Plan or part thereof. 0141 ALL othmr circumstances, factors and reasons which the - appLican-t offers in support of the proposed amendment incLuding.'but not limited to, documentation from service agencies (B.C. fire, polics. rescue end utilities agencias) - aaeuring services provision cwpebiLlty to the development. d. A List of SLL iadlvidueis, firms or Corporations owning property adjoining of*.. within five hundred 1500) feat of the property sou ht for rezoning Is attached. 'rho list is currant• as of -28 -91 31 3 - 7 -certify that eLL information" furnished in this application is accurate to the best of my know Ledge. Applicant ( s]'- James-R. Sparrow, Sr. _ AGENT: G, Gregory Shepard Post Office Box C SHEP_ARD DES GN_- ASSOCIATES Address:-- Carrboro. NC 275.10 A24 Waterside Drive - 557 - Carrboro. NC 27510 Phone: 929 -6069 S"j (g ) 3056 9 14 2.8 AC. gq � gO 48. 19.18 AC. 68.366 AG } gam; "t 3 _ 3 _ .25 A - 68 .3534 4448 I 4.16 AC. I •3203 4.16 AC. w '� ^� 6 II 6A r I 6.05 AC (D. _ I _41 8 42. i : s 89 •O "`�` � 11A _ 136 10.19 At, 6D I 5649 • ' �QJ .lrC.�'' - 2504 3.39AG Nz.._::• :. •. 2.01 ~—�- -- R "- - ' : 1.5 AC. 13 AC L SEE M Cti -. •r T - - '' Q 524 A •7951 ACs814 3' AC. - F1 AC. V :�a •-cam ,. �.- r w �y., :4 � •!yam _- :`+ PROPERTIES WITHIN 500 FEET TAX REFERENCE: 6.26..27A �� _ _ ;� • r.. .: ; ` Y SCALE: V — 400' i 0- lovo" M lu 0 0 m ;E s � W 6 4 ~ I o� 0 4 rt All L� M F R4E s A ad rc'cr* J. tiild T `� l jz f 1 I � �w Y o Q L A � � I* I C 10, lif.'•• g C S o� Z .Q a° W LP *; g J t,/1 J zF# Q" �� '�7� e A ad rc'cr* J. tiild T `� l jz f 1 I � �w Y o Q L A � � I* I C 10, lif.'•• I S h '�, �N '�,'• el .Q �l I i g ,j� Ici L J• G1 + I It x tri. I Sri 1p lie -it vN �r e D �-3 -i ,l �l .• -%j :t11 2. Fs ;'� sy�l M 1 w1 �1 I 10 • .Q �-3 -i ,l �l .• -%j :t11 2. Fs ;'� sy�l M 1 w1 �1 I CHANGE OF ZONING APPLICATION JAMES R. SPARROW, SR. PROPERTY ORANGE COUNTY - BINGHAM TOWNSHIP TAX REFERENCE 6.26..27A Prepared: 02 -14 -91 LTATELIENT OF JUSTI I N 1.0 GENERAL INFORMATION 11 READ shepard design associates land planners • landscape designers The Orange County Land Use Plan provides that commercial activities are appropriate within certain identified activity nodes and generally inappropriate outside these nodes. The subject property is located in Bingham Township and is within an activity node identified as the BH -1 Rural Neighborhood Activity Node. This node is centered at the intersection of NC Highway 54 and SR 1958 ( Morrow Mill Road) and it's quarter -mile radius extends beyond the subject property, thereby encompassing it within the node. - The attached change of zoning application specifically requests that 2.94 acres are zoned Light Commercial- I (LC -1). The property is presently zoned as follows: 1.92 Acres Neighborhood Commercial -2 (NC -2) 1.02 AcLg§ Agricultural /Residential (AR) 2.94 Acres 2.0 CHANGED OR CHANGING CONDITIONS When the subject property was originally zoned Agricultural /Residential (AR) for both - agricultural > t lbeen suffici lYlestablwshed tW regard to agr geographic icullt where tuural development ire* f' zoning, there has been a statewide decline in the amount of land under agricultural uses particularly for small parcels. The subject property is not suitable for farming. With " -t:: regard to residential zoning, the present commercial use of the parcels immediately south of 1 immediate east of the subject property ( tax reference 6.26..28 & 28A) and the parcel ly 6.26..6D) render the subject property undesirable for _ _ subject property (tax'referer�e beginning to Y residential development. The existing commercial n tmercia development in is establish a devel�ment trend for other commercial activity node is consistent with the vision of the Orange County Land Use plan. 3.0 COMPLIANCE WITH INTENT AND PURPOSE OF THE LAND USE PLAN in the The purpose of the LC- 1.zoning district as stated commercial uses designed to serve�a population at -' to provide appropriately located sites for _ , _ . telephone (919) 929 -6069 424 waterside drive n carrboro, north caroling 27510 12 the neighborhood and rural level. The property sought to be zoned LC -1 will comply with the criteria for establishment of this zoning district as set forth in Section 428 of the Orange County Zoning Ordinance: 1. The subject property is located within an activity node identified as the BH -1 Rural Neighborhood Activity Node. 2. The list of permitted uses from the Zoning Ordinance's Table of Permitted Uses are those which are designed to serve a population at the neighborhood and rural level and would generally not serve commuters or a majority of persons outside the surrounding rural area. These permitted uses, in addition to the performance and design standards of the Ordinance, will insure that no adverse impacts will occur either beyond the immediate space occupied by a building for certain uses or beyond the property boundaries for some other uses. 3. The lot size and configuration is appropriate for the method of water supply and sewage disposal systems necessary for development of the property. 4. The 2.94 acres sought to be zoned LC -1 would be the only property zoned LC -1 in this Rural Neighborhood Activity Node, The Orange County Zoning Ordinance will allow a maximum of five (5.0) acres of land to be zoned LC -1 in an activity node where population density is lower and distributed more widely than in the Transition Area. 5. The subject property has approximately 300 feet of frontage on the north side of NC Highway 54 which is designated as an arterial on the adopted Land Use Plan. This amount of frontage, in addition to the existing horizontal and vertical alignment of NC Highway 54 at this location, will provide safe and direct access from the subject property to this arterial. 4.0 OTHER CIRCUMSTANCES AND FACTORS Water supply and sewage dispoasal systems shall be provided on -site by means of an individual well and an individual subsurface sewage disposal system. The Orange County Health Department completed an initial soil analysis of the subject property on May 13, 1988 and a subsequent soil analysis on February 8, 1989 and found it to be suitable for installation of a conventional subsurface sewage disposal system. The Light Commercial -1 (LC -1) zoning district generally permits uses which are low to medium traffic generators. The volume of traffic generated by development of this property will have no significant impact upon the existing traffic load on NC Highway 54; and existing levels of service on NC 54 will be maintained. The Orange County Sheriffs Department, in a letter dated February 14, 1991, has indicated that they will provide law enforcement services to the subject property without a additional personnel required to serve the general area. The Orange Grove Volunteer Fire Department, in a letter dated February 28, 1991, has - confirmed that the subject property is within the Orange Grove Fire District and indicated their ability to provide fire protection for the property. The Orange County Emergency Management Division of Emergency Medical Services, in a letter dated February 19, 1991, has indicated their ability to provide emergency medical services to the subject property: _ . . ORANGE COUNTY, NORTH CAROLINA Z -2--9� APPLICATION FOR CHANGE OF ZONING DISTRICT 13 Date. TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested. 1. The property is located on the ,,�4 side of S.R.t �Wy SY ( . C. f Street /Road) between S.R.# /1/5-2-- and S.R.# dLD 2— It is known as L t(s) Z�, Block 0 of Orange County Tax Map �— All 4rli Township. It has a frontage of 60 6_71" f a a t and a deg h of fast, and contains square feet or 4W acres. -x'460 4.5'.5-6,0 Jr / O 2. It is desired and requested that the foregoing property be rezoned from gr: '& Ay to G C r N C / LC-1 re .36 4,1--) 94 uC -2 . 6S'gC,) 3. The foLLowing information has been attached in support of t h a application for changing the Zoning Atlas (* — required on aLL applications). *a. A Tully dimensioned asp at a ■ca Ls of not loss then ins (i) inch equals one— hundred ('1001 fast nor more than one (11 inch equal• twenty 120'1 feat showing--' -the land whist: is proposed to be rezoned. *b. A legal description of the land proposed to be. rezoned. *c. A statement of Justification addressing one or more of the following: (1) The aLLaged error In the Zoning- Ordinance, If any which would be corrected by the proposed amendment with ■ detailed ■:planetibn of such error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the ores or In the County generally, which make the proposed amendment reasonably necessary to the prambtion of the public haslth, safety and general welfare. *(3) The manner in which the proposed amendment will carry but the intent and purpose of the adopted Land Use Plan or part thereof. *141 ALL other eircumatences, rectors and reasons which the applicant offers in support of the proposed amendment including, but not limited to, documentation from service agencies (e.g. fire, police, rescue and utilities agencies) assuring service■ provision capebility to the development. d. A List of all individuals, firms or corporations owning property adjoining or within five hundred 13001 fast of the property ■ought'for rezoning 1e attaened. The list is currant as of (Data) I certify that ell information to the best _of. my_knowledge. ;JLicent(s) : Address• Bo od Phone: furnished' in -this application is accurate u z z 0 N w x N Ya N (d A �+ u +J V r LW O L ize r4 .. v E 7 cu V 4u •• a 00 L Ac ti ti d O liv t\ ry. r-4 �-4 V L Cl) N ` � w S "4 m of _ c x a v 3 Cd U r-4 fQ � 1. ° °4 U ° -o a o u awi a ° N r '4 D o*b r" a. " U aNl E O U .v yA v H ti u° O \ o L+ y cd m 4a eyC al �C C w 0 o cc INC V 0 V tii 7 rLd 'b rn N � L u ` ti .� N S i N C end a _ o. C cc b, LJ ei 4.4 o 72 W Cd .. M4, O w �. a b > ,4 C. - a f.r u Cd o 3 cc 0. 7, 0 z cc 0 Q u E E 0-4 Q u u z z 0 N w x Ya N (d A �+ u +J LW O L end r4 .. v E 7 cu V 4 •• a L Ac ti ti d O Cdd 9 C r-4 �-4 v ,;> ` V w S w E of _ Ne ~• 3 Cd U r-4 fQ � 1. ° °4 U ° -o a o u awi a ° N r D o*b a. " .d Nz E O U .v ti v H cr a u° O w o L+ o cd 4a v w a u z z 0 N w x 14 A �+ u +J LW O .a a r4 .. v cu V 4 •• a L Ac ti ti d O Cdd 9 r-4 �-4 ca a v ° E V w S w E of _ Ne Q 3 Cd e1 r-4 fQ � Cu °4 ° -o a o awi a ° N r o*b a. " .d Nz a v H cr a u° O w o L+ o cd 4a v w a o cc en � ,� oD }u, rLd •• rn 7 � L u ` ti .� N S i cd C end o. S G] a LJ ei 4.4 o 72 O Cd aJ 4-J w �. a > ,4 cn a - u u Cd o 3 � 0. 7, 0 z u Q u E E 0-4 Q u 14 71 cm 1- 15 '126 SEE MAP 30A 62 42 s 3951 (WESTBROOK ESTATES) J 5 3. 46 AC. 4.E W.E. BLACKWOOD REZONING R1 - 1C -1 .35 ACRES 12E RI - NC -2 .65 ACRES 2.4 7A 3362 SCALE = 1"= 400' (!2F) ' W 4. 5C C ITE Q 2 G 8 989 � .727 AC. N C' 154 ..86 AC•CAL 'S 1.82pi �- 419 7597 14 53 287 7 33 I 20 .93 AC.CAL. ;C. II ,98 AC. 71B 60 40 •1073 I b . 6908 7M G1 1 _ SEE MAP 308 \ _ 66 8836 10 -OIAC \ r.'(.MRS BENNIE DURHAM) 9.44 AC. 24 2683 - • 1 AC. - r \ 0. 18 6806 37 3L 5 AC. �1s h. :� . _:: 31.'84 "�►G. -:. 21A = \\ - . - _ -.. :_ •- � •. _ . " �°j �° 6R-s 1479. �L \ ice... a ni 21D - �r � � 1C n:� AC • � \ � i � O _ c� x x 0 N U J j- .LN3ry3gb3 3ltlnlad ,09 ~ M 81 LI.S5 D ,91'661 3 =z �{ N Q U N CL N D z Q J O � O = O z V � v _ Q D (ONINOZ 0-I 03SOd08d) p n~ ? c D o m" m • � M1 � „BI,LI.SS J M cn �M C u ,0006, -,y U =z �{ N Q U N CL N D z Q J O � O = O z V � W 2 O 0 16 M1 d N i J J C J O U r x J N J Z O ` p � J W W ti 4 G M U ti M S o o U C c D W - = W C3 o Z J O a x 0 C u Y O J w U 4 e = o z J = u ' U. L N C 4 0 Q1 C cr N a w a N Q a H•pp = J ¢ w � C= Ir o�rt l a c o a a` W 0 Z a o e W 2 O 0 16 M1 d N i J J C J O U r x J N J Z O ` p � J W W ti 4 G M U ti M I c D II 1 W U' tia lT Ld r� Y ,. m O �.. C I .. p 'Oaf .. iv � .. - • Mid o� ' . end 0,9 7 '�F.r ,� �• .�.�' r CO 17 Cm uj LLI cc co ° W LLI v5 cn j: i1'3iv GE o CD of fn •'a� {', � � rY,i+: -i ..r••,'i -` ib� � �'u �' �,rw pi `,+ >i�W:. y c ) `v .r . _ Tq N -r:. r•'-:..,' ;�:,.." _•• rem „ ; •�r .e;• ',i fir' .C,.. t: • ' • .....r.• - - - � r .. .. > i. '.s•�,;lyr.yi•.:.i�•:��' ". - �• /' " %.r- ,.;i -' ;P..t: `�. M I .�':`� �f;� . {`3 . T{aJJ,,;tK��•�r,�Yiar-r]:yr-�),� ;�i•, •gym ~�i•i "•�j'••�. f.'• .� ... �!a� 1J - :> .� +Yi i[ •} .S.�a{•' ��,-. - r .'i-rdy' '�': 7T..1 i}•� - _ - _ :. � A 1.: 3� 4 BIZ: •1 - _ t•I• r, �.�Si,d`•'�'Yyt•^k�!i:e •f'. /�� .:r.�.t?1•' -S. •'f 'w '� �.. 1 ,'+ �i•. •i _i� .�•�i �`s`.t /.�: `' `�w -i _a++ti; .t t.- `C _ �f. - �]�f�l��_c; ,F `r 'r. - `� _ -•� 'ia .y "!t. 1 ,fw � e+ ���(1f1yy��.�J 'I 1r' _ 1•.!� _,'_1. a�F•- ,.,I:�y`.; °r _ ;r, •':' .. •-� ^� •�.': :,per �'•�!: -R j / __ � - STATEMENT OF JUSTIFICATION Background: This property was originally purchased by Everett Blackwood as a site on which to build a small community shopping facility. To this end he made application for the rezoning of two acres of this property from R -1 to LC -1 to enable this use. This change in zoning was approved on March 24, 1987. He felt that with the residential growth in this area that the facility which he envisioned would be very beneficial to the White Cross Community. The nearest shopping facilities are six miles to the East, in Carrboro. Commercially zoning this property also compliments the Orange County Land Use Plan for Bingham Township. Grading on the site has already been done and is complete at this time. Mr. Blackwood obtained the proper erosion control plan approval and grading permits on May 15, 1989. He thought that when these were secured that he was ready to build, and that securing the building permits was a matter of filing the applications and paying the required fees. It was at this point that he got several pieces of very bad advice. First, from his builder who assured him that from conversations that he had with Orange County that obtaining these permits would be easy, this builder then sold four buildings to Mr. Blackwood. When it was discovered that this was a much more involved process, Mr. Blackwood then hired a planner to help. This planner, gave him mote bad advice. He told him to start on the construction of the project, and that he would secure the needed permits. This only served to create a bigger mess for Mr. Blackwood. In the meantime, stop -work orders were issued for this project and remain in effect. We have met with Marvin Collins and members of the Orange County Planning staff about the problems with this property, and discussed Mr. Blackwood's plans for the property. It has been determined that for Mr. Blackwood to proceed on any plans for this property, he will need to rezone the back portion of his residential property to allow for the installation of a septic system. 18 Current planning and zoning requires that the septic area and repair area must be suitably zoned for commercial use. The septic site for this property is currently zoned R -1, and therefore cannot be used to service the property which is zoned LC. After consulting with members of the Orange County Planning Staff, it was determined that there is , in this commercial node, .35 acres of LC zoning and .65 acres of NC zoning left. Both the .35 acres of LC zoning and the .65 acres of NC zoning are, in and of themselves, too small to be used as individual lots. Therefore, the only way to effectively use this remaining zoning is to add it to an existing commercially zoned lot, as we are proposing in this request. As the property is currently zoned, there is no way to build on it and have it conform to current zoning requirements. There are no suitable soils on the commercially zoned portion of this lot. The only way to use this lot is for us to rezone the property and add the zoning which we are requesting to this lot. This application is made to the County of Orange to change f the zoning of a portion of Mr. Blackwood's property from its Y existing R -1 to LC and NC zoning. The reason that two types of zoning are requested is that there is not sufficient zoning left of a single type zoning designation to facilitate this request. Approval of this request will allow Mr. Blackwood to make an appropriate use of -this property and conform to all other Orange County Planning and zoning requirements. r 19 , 6 THE CONSISTENCY OF THIS REQUEST WITH THE GOALS OF ORANGE COUNTY'S LAND USE PLANS A. Consistency with current zoning B. Consistency with the Land Use Plan A. CONSISTENCY WITH CURRENT ZONING This property is located in the center of the White Cross Rural Community Activity Node, as designated by the Orange County Land.Use Plan. This property was zoned LC -1 on March 24, 1987. The intent of this zoning action was to make the front portion of Mr. Blackwood's ten acre parcel useable for commercial activities. As stated in the ordinance, the intent of LC -1 zoning is; " ... to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building." From 4.2.8 (A). The site proposed for the project is in between two parcels of property already zoned Local Commercial (LC). To the front of the property is N.C. 54 and to the rear of the property is a large area, 7.5 acres of R -1 property which buffers this project from the rear. No adverse impacts are anticipated, because only area where the.proposed project comes in contact with non - commercial property is at the rear, and this area is owned by the applicant. It is felt that the proposed use is the use which most conforms with its zoning, Orange County Land Use Plans and is the most complimentary of adjoining properties. The future proposed use of the property is for the retail sale of both convenience and durable goods. Under the ordinances permitted use table ( Sec. 4.3 ) these uses are permitted as specified in a LC -1 district by uses S42 for convenience goods. No adverse impacts beyond the immediate property is . anticipated beyond this property by the proposed rezoning. 20 B.:CONSISTENCY WITH THE LAND USE PLAN We believe that the proposed rezoning of this property is consistent with and supportive of the Land Use Plan. It will not contribute to the potential of strip development and is entirely consistent with the organizing concepts of the Land Use Plan for Bingham Township, particularly item 5, which states: "....development should take place in compact clusters focused on designated activity nodes separate from agricultural areas...... We anticipate no negative impacts on water supply watersheds and believe that this planned development request is one that "...least disrupts current residents and land use patterns and most enhances the public benefits gained by all residents of the county." (p 3.11 -2 of Land Use Plan) The property is located in the center of the White Cross Rural Community Activity Node, designated by the Orange County Land Use Plan. Due to the proximity of the proposed site to major roads, no adverse impact on traffic is expected. J 21 PA PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning REFERENCE: Article Article Article Article )rdinance 22 - Definitions (Large Day Care Home) 4 - Permitted Use Table 6— Application of Dimensional Requirements 14 - Site Plan Approval Procedures ORIGIN OF AMENDMENT: X Staff Planning Board ___. �BOCC Public —X —Other: Child Care Networks STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 28, 1991 PURPOSE: To revise existing Zoning Ordinance provisions applicable to day care centers to be consistent with State licensing requirements. IMPACTS /ISSUES: Day care facilities are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. Recently, Child Care Networks contacted the Planning Department about a new category of child care arrangement approved and licensed by the N.C. Child Day Care Commission. The new category is a "large day care home" and is termed a "home" because it is usually located in a family residence. A large day care home may have from six to 15 children, but the actual number depends upon the ages of children. Child Care Networks requested that the current ordinance provisions be amended to allow large day care homes but without the necessity of obtaining a Class B Special Use Permit. The amendments presented below are proposed in response to Child Care Networks' request. Staff commentary regarding specific provisions is provided in italics. • EXISTING PROVISIONS: See attached provisions. 23 PROPOSED AMENDMENTS: The proposed amendments are as follows: ARTICLE 22. DEFINITIONS Proposed changes /new provisions are highlighted in bold.. Day Care - Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, and guardians or full -time custodians. Day Care Facility - Any day care center or child care arrangement that provides day care for more than five (5) children, not including the operator's school age children, under the age of 13, on a regular basis of at least once per week for more than four (4) hours but less than 24 hours per day, and those operating fewer than four (4) hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: public schools; non - public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provides a course of grade school instruction to children who are of public school age; summer camps having children in full -time residence; Bible schools conducted for no more than three (3) weeks during vacation periods; and cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Day Care Home, Large - A Day Care Facility, which provides day care for more than five (5) but fewer than sixteen (16) children, within a residence. ARTICLE 4. PERMITTED USE TABLE Proposed changes /new provisions are highlighted in bold. Amend Table 4.3 - Permitted Use Table by revising the wording for Hl -Day Care Facility to read as follows: Hi Day Care Facility, other than Large Day Care Home Add a new permitted use, Hia - Day Care Home, Large, to Table 4.3 - Permitted Use Table. Large day care homes would be permitted by right in all zoning districts in which single - family dwellings are permitted. These would include: Rural Buffer Agricultural- Residential Residential -1 Residential -2 Residential -3 Residential -4 Residential -5 Residential -8 Residential -13 Local Commercial -i Neighborhood Commercial -2 Community Commercial -3 Existing Commercial -5 Office & Institutional [The proposed amendment would allow large day care homes (6- 15 children) as a use by right in all residential zoning districts. Day care facilities with more than 15 children would still be permitted in residential districts upon approval of a Class B Special Use Permit. Day care facilities, including large homes, located in commercial or office districts, would also be required to obtain a Class B Special Use Permit.] ARTICLE 6. APPLICATION OF DIMENSIONAL REQUIREMENTS Proposed changes /new provisions are highlighted in bold. 6.27 La_ rgee DA Care . Homes [While permitting large day care homes by right, development standards are included to address the potential impacts of such a use in a residential area. The standards are incorporated into a new Article 6.27 and are almost identical to those applicable to larger facilities. The principal difference is that large day care homes would be subject to administrative (staff) approval rather than that of a quasi - judicial board.] 6.27.1 Site Plan Requirements In addition to the information required by Article 14.2, the following shall be submitted as part of an application for site plan approval: a) Evidence that the minimum requirements to qualify for a state of North Carolina large day care home license have been satisfied. b) A floor plan of the proposed large day care home, showing the use and dimensions of each room and the location of entrances and exits. 6.27.2 Standards For Evaluation The following standards shall be used in deciding on an application for site plan approval for the use: 24 a) The large day care home is to be located in an 25 area which is free from conditions,dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina large day care home license are satisfied. c) There is direct access from the property on which the large day care home is to be located to a State- maintained road or a private road approved by Orange County, where direct access is to be provided to a large day care home from a private road, the private road shall be upgraded to a higher classification if required, based on the number of homes currently served by the road and the projected traffic to be generated by the large day care home. The appropriate road classification shall be determined by the Orange County Subdivision Regulations and /or Private Road Standards. d) Adequate access to and from the site as well as adequate space off the road right -of -way, is provided for the safe pick -up and discharge of children and is provided in such a manner that traffic generated by the large day care home is not disruptive to adjacent residentially developed properties. e) The site plan shall show how the facilities will be screened from adjacent properties. A Type .A 30 foot buffer shall be provided around the large day care home and play area. These buffers will effectively screen the view of any outdoor play area, and reduce noise associated with the day care. The Type A buffer is described in the Zoning Ordinance as being composed of "deciduous and /or evergreen vegetation, forming semi- opaque intermittent visual obstructions from the ground to a height of at least thirty (30) feet. f) Each large day care home is required to provide at least 75 square feet of outdoor play space for every child in care. This space may not be located in a required buffer or in an area which is used or reserved for use as a sewage disposal nitrification field. Fencing is to be provided around the outdoor space which assures the protection of the children receiving day care and protects adjacent residentially developed properties from trespass. 26 6.27.3 Large Day Care Home - Apolicat_ion Procedure No large day care home may be operated in a residence except as permitted under this Ordinance and only after approval has been issued by the Zoning Officer. An application for a large day care home shall be filed with the Zoning Officer and shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its location, appearance, and operational characteristics are disclosed. In addition to the application, the applicant is required to submit a site plan of the property on which the large day care home is to be located. The site plan shall show the location of the residence in which the large day care home is to be located in relation to existing property lines and adjacent homes; the location, number, and means of access to required off - street parking areas; and the location and type of required landscaping and /or screening. Upon a determination that the application is complete, the Zoning Officer shall cause a review of the application to be made. The review shall determine if the proposed large day care home conforms with all requirements of this Ordinance. Based on the review, the application will be approved, approved with conditions, or denied. If conditions are attached to the approval, they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the large day care home. In the latter case, the conditions may include, but not be limited to, limitations on the hours of operation, location of play area, the number of vehicles to be parked on the premises, and the location of a storage area or parking on the property. In addition, the Zoning officer may require greater setbacks and /or additional landscaping or screening to adequately screen the large day care home from adjoining properties. If the application is approved, either with or without conditions, the Zoning Officer shall send the applicant a letter informing him of the approval and of the requirements of the Ordinance that apply to the large day care home. The letter must be signed by the applicant to indicate his /her willingness to operate the large day care home in conformance with'the requirements and conditions set forth in the letter. Each letter shall be kept 27 on file by the Zoning Officer and shall constitute the approval for the large day care home in question. If the application is denied, the Zoning Officer shall notify the applicant of the denial and shall state the reasons for denial in writing. The applicant may appeal the decision of the Zoning Officer to the Board of Adjustment as set forth in Article 21 of this Ordinance. Each large day care home approved by the Zoning Officer shall be reviewed annually by him /her to assure compliance with the standards of evaluation for such facilities. Any change in the operation of the large day care home will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. In determining whether a change in the operation of the large day care home has occurred, the Zoning Officer shall be guided by the procedures and criteria contained in Article a.7. [The standards of evaluation are essentially the same as those required for larger facilities and used by the Board of Adjustment in deciding on an application. Additional standards included as part of the amendments are buffer requirements and a restriction on the location of outdoor play areas. The requirement of 75 square feet of outdoor space is a State standard. If the outdoor space is located on existing nitrification fields or space reserved for that purpose, the soil may be compacted or a low pressure system damaged by the pedestrian traffic. The restriction is simply an effort to prevent such a situation from occurring. A concern common to all types of day care facilities is the amount of traffic .likely to be generated by such a use. Day care involving less than six children is not licensed by the State or regulated by the Zoning ordinance. If a large day care home may have up to 15 children, the difference between the two day care arrangements is ten children. In a worst case situation, this would mean that an additional 20 vehicular trips are generated by the use. This is equivalent to the trip generation of two single -- family homes. Since the facility would also be a single family residence, it could generate (at most) traffic equivalent to that of three single - family residences. Under the provisions of Article 6.27.2 c) above, the operator may be faced with upgrading a road to a higher standard. This provision is intended to address specific concerns about traffic and its impact on a road.] ARTICLE 14 - SITE PLAN APPROVAL PROCEDURES Proposed changes /new provisions are highlighted in bold. 28 14.2 APPLICATION REQUIREMENTS 14.2.1 PROFESSIONAL DESIGN AND CERTIFICATION Each site plan shall be prepared by a registered engineer, landscape architect, architect, or land surveyor; however, in some cases, professional design and certification of the plan may not be required. These exceptions include, but are not limited to the following: a. Proposed additions to existing permitted non- residential structures where the use of the structure and lot has not changed and the floor area is not increased more than twenty - five percent' (25 %) ; b. Accessory structures to existing permitted non - residential structures where vehicular use area is not extended and changes to existing grade are not more than one (1.o) foot in elevation; and c. Single -- family detached dwellings and duplexes, and accessory structures to such uses when located in the University Lake Watershed (ULW) District. d. Large day care homes, as defined in Article 22, Definitions. [Large day care homes would be required to submit a site plan for Planning Department approval but the plan would not have to be prepared by one of the registered professionals identified above. The purpose of this amendment is to help reduce the start -up expense for day care operators.] ORDINANCE REVIEW COMMITTEE:, 4/3/91 PLANNING BOARD REVIEW: BOCC REVIEW: t. PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION III -D -2 -f ADMINISTRATIVE RE- APPROVAL ORIGIN OF AMENDMENT: _X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 28, 1991 PURPOSE OF AMENDMENT: To provide a procedure for administrative re- approval of expired Preliminary Plats. IMPACTS /ISSUES: Under current procedures, an expired Preliminary Plat may be extended upon approval by the Board of Commissioners of a revised phasing plan. There are specific criteria for the Board to consider when determining if the revision will be approved. If a revision to the phasing plan is not approved, then the applicant must re- submit the expired portion of the Preliminary Plan as if it were a new project. In many cases, the re- submitted Preliminary Plan is identical to the original plat which was approved by the Board of Commissioners. If there have been no major changes in subdivision, zoning, or other regulations which affect the proposal, then the Preliminary Plat is generally re- approved with little or no change. Major design considerations and other issues were addressed and resolved prior to the original approval. Where there have been no changes in regulations which affect the subdivision, and no changes to the original proposal are requested, the existing procedure of considering the subdivision as if it were a new project is oriented largely toward process, rather than substance. In the spirit of enhancing the quality of our public service, the attached amendment is proposed, which would allow an opportunity for staff to re- approve expired Preliminary Plats if: - the original subdivision design and conditions of approval are consistent with regulations in existence at the time of application for re- approval, and Me] 30 , - any changes to the original approval are considered "minor changes ", which are technical rather than substantive. The concept of staff approval of minor changes is used in the Zoning ordinance, where Planning Staff may approve minor changes to a Special Use Permit. The criteria for defining a "minor change" in the attached proposal are similar to those applied to Special Use Permits, modified to reflect concerns unique to subdivisions. Administrative re- approval would be one -time only. If a re- approved Preliminary Plat expired, then the applicant could request amendment to the phasing plan by the Board of Commissioners, in accordance with current procedures. EXISTING AND PROPOSED AMENDMENT: III- D -2 -e. Action Subsequent to Approval Upon approval of the Preliminary Plat by the Board of Commissioners, the subdivider may proceed with the preparation of the Final Plat, and the installation of or arrangement for required improvements in accordance with the approved Preliminary Plat and the requirements of this Ordinance. If the application is approved or approved with conditions, the Planning Department may issue applicable development permits required to construct, install and use improvements approved as part of the Preliminary Plat approval. Except for the above improvements, no building permits shall be issued to develop any lot or parcel shown on the approved Preliminary.Plat until a Final Plat showing such lot or parcel is approved and recorded under this Section. Except as provided in Section III- D -2 -c, the applicant shall submit an amended application for review as an original application if he /she proposes to substantially amend or modify his /her application after the Board of Commissioners have approved the Preliminary Plat. The approval of a Preliminary Plat shall be effective for a period of one (1) year from the date of approval by the Board of Commissioners. By the end of that time period, approval of the Final Plat must have been obtained from the Planning Department, although the plat need not have been recorded in the office of the Register of Deeds. Any plat or portion thereof not receiving final 31 approval within the time period set forth herein shall be null and void except under the following conditions: (1) The subdivision is built in sections or phases, and a phasing plan was approved as part of the Preliminary Plat; (2) The period between the approval date of the Preliminary Plat and the approval date of the Final Plat for the first phase does not exceed one (1) year; and (3) The period between the approval date of the Final Plat of the first phase and the approval date(s) of the Final Plat(s) of any subsequent phase(s) does not exceed the time limits specified in the phasing plan of the Preliminary Plat. If no phasing plan is indicated, then the period between Final Plat approvals shall not exceed six (6) months. Where a phasing plan for construction of the subdivision is approved, and construction may not begin until required utilities and /or other facilities are available to serve the development, the expiration date of the Preliminary Plat shall be governed by the time period(s) approved as part of the phasing plan. III- D -2 -f. Administrative Re-Approval The Planning Director or his her authorized agent may, within one year of the ex iration of a Preliminar Plat re-ayRrove the ex ired Preliminary Plat or portions thereof as lon as-the--subdivision design and conditions of aRproval are in com fiance with subdivision and zonin re lations where a licable in effect at the time of a lication for re- aRRroval. and chap es to the on inal design or conditions of a roval are considered minor. A change may be considered a minor chan a if it does NOT involve any of the following: Al any substantive change in a condition of approval. b1 an increase in the number of buildin lots Rroposed, 91 any substantial change in the location of or decrease in the amount of open s ace buffers or area reserved for recreation 32 use. 41 any substantial chap a in Redestrian and /or vehicular access or circulation including road classification. el any change in the provision of services such as water supRly and wastewater disposal. 1 any substantial change in the _location of utilities or other easements. The subdivision shall be__subiect to review b all applicable.review_aaencies as_is required for original Dreliminary plat approval. If all-changes from the original aRRroval are considered minor chancres, the Planning Director or hisiher authorized agent may re- approve the-preliminary Rlat with condition of approval stated in a_format which substantially conforms to the Resolution of AARproval adopted by the Board of Commissioners when--aRRroving a Rreliminary plat. III- D -2 -a. Further Time Extensions Only one administrative re- approval may be approved for any subdivision. If a re- approved Preliminary Plat expires. Where a time period has elapsed, the developer shall be required to resubmit a new Preliminary Plat for the tract or portion thereof for which . approval has expired. The new plat shall be subject to all applicable regulations in existence at the time of resubmittal. Provided, however, the development phasing plan approved as part of the Preliminary Plat (hereafter "the phasing plan ") may be amended by the Board of Commissioners upon application by the subdivider. In determining whether to approve an amended phasing plan, the Board of Commissioners shall consider: (1) whether or not approval of other diligently pursued regulatory requirements can be obtained before the expiration of the time periods established in the phasing plan; and (2) the quality of and length.of time of the experience of the subdivider in managing development projects; and (3) whether factors other than market conditions and beyond the control of the subdivider caused a delay in meeting the phasing plan; and (4) whether the development project, if completed consistent with the approved Preliminary Plat, will tend to aid or meet an important public policy goal established by the Board of County Commissioners; and (5) whether the application for an amended phasing plan was submitted before the previously approved time limit(s) has lapsed; and (6) the possibility of and practicality of the subdivider and developer completing the development project consistent with Orange County regulations applicable if the phasing plan amendment is not granted; and (7) whether the time by which improvements must be completed or installed would not be extended by the revised phasing plan. After consideration of the evidence submitted by the applicant concerning each of the factors listed above, the Board may, in its discretion and for good cause shown, grant the amendment to the phasing plan unless it concludes that to do so would not maintain or promote, in some specific manner, the general health, safety and welfare. If the Board approves an amendment to the phasing plan, it may require reasonable additional conditions of approval of the unapproved final plat(s). *** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ORDINANCE REVIEW SUBCOMMITTEE: 4/3/91 PLANNING BOARD REVIEW: 4/22/91 BOCC REVIEW: 33 I O RANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 Action Agenda Item # Vd2_G CITIZENS ADVISORY COMMITTEE ON SCHOOL CAPITAL NEEDS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _X —No ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To confirm the composition of the Citizens Advisory Committee on school capital needs. BACKGROUND: At the February 19, 1991, County Commissioners meeting the Board determined that a future bond issue would address the single purpose of school capital needs. The Commissioners also agreed that a Citizens Advisory Committee similar to the 1988 committee would be very helpful in confirming and prioritizing school capital needs. The committee would have the following responsibilities: 1. To review identified Capital Projects as prepared by the two school systems that cannot be funded through present pay -as- you -go resources 2. To prioritize these projects for funding 3. To recommend to the County Board of Commissioners a schedule for funding these projects to include timeframes and amounts for future bond issues 4. To recommend the appropriate combination of revenue sources The Clerk to the Board is advertising in local newspapers to solicit response from citizens interested in serving on the committee. N RECOMMENDATION: The Manager has received input from the two school superintendents and makes the following recommenda- tions as to composition: -- Chair - Each School Board -- Additional Board Member Each School Board -- Two County Commissioners -- Two Members from each School System: PTA /PTO -- One Representative from each Chamber of Commerce -- One Representative from the two Teacher Organizations: N.C.A.E. and A.F.T. -- One Representative from the Orange County Economic Development Commission (1) -- One Retired Citizen (1) -- Two School Superintendents (2) -- County Manager (1) (2) (2) (2) (2) (2) (2) 6 -10 Citizens --At -Large (17) Total: 23 -27 members The Manager further recommends that the Board consider consultant support in assisting the committee in accomplishing its tasks. The committee should be officially appointed at the May 21 meeting with an orientation and charge given to the Committee in June. The majority of the committee's work should occur from August to November. This will allow sufficient time for any bond referendum to be scheduled with the May, 1992 primary. r.� r I ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 Action Agenda Item # VLL-L4 SUBJECT: PROPOSED RESOLUTION FOR CONSIDERATION BY THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes —X —No ATTACHMENT(S): INFORMATION CONTACT: MMO FROM RON AYCOCK MANAGER'S OFFICE, EXTENSION 2300 POLICY STATEMNTS TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: To consider whether the Board of Commissioners wishes to submit any resolutions to be considered at the annual N. C. Association of County Commissioners Conference, August 15 -18, 1991. BACKGROUND: Please refer to attached memorandum from Ron Aycock. RECOMMENDATION: As the Board decides. oPtA CAAO[ /y Sa 9 2 $.• { • v� y NCACC Conference Memo p : Y o� — .Op CAUN�k 6 P. O. Box 1488, Ralei li, NC 27602 -1488 * (919) 832 -2893 1991 Annual Conference N.C. Association of County Commissioners August 15- 18,1991* Winston - Salem, N.C. TO: County Board Chairmen, County Managers, Clerks, and Affiliate Presidents FROM: C. jRonald Aycock, Executive Director DATE: April 17, 1991 There are several items related to the NCACC Annual Conference in Winston -Salem on August 15 -19 which need your immediate attention. Registration and program information on the conference will be mailed out in early May. PROPOSED RES LUTIONS Association President Darrell Frye has asked that resolutions to be considered at Annual Conference be submitted to the Association office no later than Friday, .July 19, 1991. This date will enable us to publish proposed resolutions in (:oun i yLinCs prior to the beginning of our Conference. The rules governing the resolutions process are set forth in Article VI1, Section 1, of the A- ssociation Constitution, which reads as follows: SECTION 1: Submission of Resolutions to Resolutions Committee. A resolution may be submitted far consideration by the Resolutions Committee at the Annual Meeting of the Association it, Otte of the following ways: 1. By official action of a member board of county commissioners; 2. By official action of a standing or special committee of the Association; 3. By official action of an affiliate organization of tite Association: 4. By motion of a member of the Resolutions Committee. The Board of Directors will meet as the Resolutions Committee during the Annual Conference on the following dates: Thursday, August 15 -10:00 a.m., Winston -Salem Hyatt Hotel Friday, August 16--- 3:30 p.m., Benton Convention Center (if needed) NEW PROCEDURE FOR HANDLING LEGISLATIVE RES UTIONS Due to the continued confusion created by having legislatively oriented resolutions considered at both the Annual Conference and at the Legislative Goals Conference, the Board of Directors voted last year to adopt a new policy concerning the handling of legislative resolutions proposed at Annual Con- ference. Thus, any proposed resolutions with legislative impact will be forwarded by the Board of Direc- tors (acting as the Resolutions Committee) to an appropriate Association steering committee. The steer- ing committee will be directed to review the resolution and forward it to the Legislative Goals Com- mitee, which will meet during the fall of 1991. The Legislative Goals Committee will then recommend action on the goal to the Board of Directors. Since the Association does not sponsor another Legislative Goals Conference until December, 1992, the Board itself is responsible for adopting any revisions or ad- ditions to the current legislative goals package. The county or affiliate group proposinlg the legislative –OVER– 3 �-• resolution will be notified at the Business Session at Annual Conference and afterward by letter „bleb steering committee the resolution has been ref�rreci to for study, Please note that Counties and affiliate groups are still encouraged to propose resolutions for Annual Conference, especially those "'ith non - legislative impact (i.e. federal issues, state agency issues. etc.) P LiCY STAT ,l•'IF�N'I'S Enclosed in this mailing is a copy of the Association's Policy Statements concerning Intergovernmental Relations, Public Education, Taxation and Finance. Human Resources and Environment- Tlie intent of the Policy Statements is to give continuity and consistency in the Association's policy positions and are included in the publication of Legislative Goals adopted in December, 1990. Counties and affiliate groups also can propose amendments to the Policy Statements for consideration at Annual Conference, but these too must be submitted to the Association office no later than July 19, 1991. UTSTANDING COUNTY C MMISSIONER AWARD One of the Association's major awards at the Annual Conference is the Outstanding County Contmi�- sioner Award which is presented to a county commissioner who has made special achievements and ef- forts during the past year of service.. These efforts should positively affect county government throughout the state. To nominate a commissioner for the 1991 award, please send a nominating letter and ally supporting materials to: NCACC. P. O. Box 1488, Raleigh, NC 27602 -1488. Nominations must be received by July 3, 1991. R PRIZE SQLICITATIONS There will be a significant change in the Door Prize System this year. Due to a dwindling number of items submitted to give away as exhibit hall or spouse program gifts, there will be a change�in the Types and number of prizes solicited to give away. Each county is asked to submit at least ONE 1 RiZE WORTH AT LEAST $100 to give away as an exhibit hall grand prize or as a Saturday night banquet grand prize. We will not have drawings for small gifts at every exhibit hall booth, but there will be one central drawing box to handle several grand prize drawings. PLEASE DO NOT SUBMIT ANY PRIZES WORTH LESS -THAN $100 AS WE HAVE NO PROCEDURE FOR DISTRif3U'1'ING THEM. If you do bring a door prize, please identify it as follows: 1. Place an identification card on the prize which lists the name of your county, the naune and ad- dress of the donating business and the name of the county official responsible for the donation (if applicable.) 2. Compile a master list of this information for all prizes donated through your county and give this to Teresa Johnson when you bring your prizes to the Conference. F R MORE INFORMATION For more information on the Annual Conference, please contact Debra Holley at (9 19) 832 -2893. Registration information will be mailed out in a few weeks. —2— r .. IS2 A^- ,� -A`•,a o poop o y�nc� ro e 280 7 r' ch'r'rreroy �G'Q�a� �'pa " yam= �C cC Abp' eZ n' A� I"�` o•y °.� ro 0A• 'Q3-+c Acn_. may off. aro A - av rp. at7 a� pro a_, aro w yn CA 0 17M, co , r,3 F'AO 0'o A ,•. . x ..., V! ' h `C �, �• A '"+ Gt !, ^O 'A y 0 O •o p V _ O � 4 1I.y� 4 O_= pO O S. O O a �+ C y I.1 itt C �OaAO AA•O. c' ?; mQ ^� y n� o �a� o c 5 y� ry o C _a as y O p `y � [i G cnn `�C 7 y p E 0 q � C o A Q rn A G y y C !7 F� rA - A A O C• C O , 0 4 p a�� „Q,G MnCi.cn Cvrna+QwO �Se _ am '[y y0 oR wrr C ro 'a °'�'a.��°3��O °e o.e•� �' ^y �? pc C. 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O O C• C 'C7 'C7 M A 0.•-,F o=.z pr .�R• Q a 0 pOy�+ C9 CSCCti� �CD a rt coaCm� cn w 10 � y w ^ a, ae c a2. cD cy "d s::em CR, O CDOQ�►.,GnOC GA O oQ OQa a yC?0 C-D o-J• Q7 LA iD QaQ• 0 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 6, 1991 I Action Agenda Item No. -V-ZZ--x SUBJECT: LEASE APPROVAL; CHAPEL HILL SATELLITE SENIOR CENTER DEPARTMENT: PURCHASING - &- CENTRAL SRVS. PUBLIC HEARING YES: NO:XX ------------------------ ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 2650 LEASE Telephone Number - LETTERS OF SUPPORT: Hillsborough -732 -8181 TASK FORCE Chapel Hill -967 -9251 CHAPEL HILL Mebane -227 -2031 Durham - 688 -7331 PURPOSE: To consider a lease with the Elliott Center Investors for space at The Galleria, in which to establish a Chapel Hill Satellite Senior Center. BACKGROUND: On April 16, 1991 the Board of Commissioners took action to commit the County to lease space at The Galleria, contingent upon the following: 1. An expression of commitment by the Town of Chapel Hill in providing support for program staff and operations for the Senior Center, prior to the Commissioners' final approval of the lease. 2. An expression of commitment by the Task Force on Southern Orange Senior Center Space to raise the necessary funds to: a. upfit the space to meet programming needs; b. provide funds for any additional operational expenses, not provided by the town of Chapel Hill; and C. provide funds to pay the lease costs for any additional leased space in The Galleria beyond the base square footage of 6,102 square feet of ground floor space and associated mezzanine area for each year of the five year lease period. Per attached correspondence from the Town Manager, Cal Horton, the Council will consider whether to make direct financial contributions to the operation of the Senior Center as a part of their budget deliberations during the next several weeks. The Chapel Hill Board will continue their budget deliberations on May 6, with adoption of the budget targeted for May 28. 19 2 Based on' information provided at the Task Force meeting on April 25 and the Task Force Funding Subcommittee meeting on April 23, the Task Force has committed to providing the funds necessary to address items 2(a -c) above. The attached letter attests to the Senior's funding commitment. The lease with Elliott Center Investors provides that the County will support a base lease of 6102 square feet at an annual cost of $48,816, with the Task Force Funding the remaining 2938 square feet at an annual cost of $23,504. As you recall,, if the entire square footage was leased the Landlord would charge rent only for the ground floor area. A condition of the lease provides for an annual review of the 2938 square feet. If funding has not been committed by sources other than the County, this space would revert back to the Landlord or the County would sublease to other agencies. The term of the lease.would run from July 1, 1991 through June 30, 1996, with an option to extend the lease for an additional five years if necessary. Although we negotiated with the Landlord for an extension of time before commitment was made, it is critical to the Landlord that a lease be executed on May 6. It is likely that if a lease is not approved on May 6, terms and conditions must be re- negotiated. RECOMMENDATION: Approve a five year lease with Elliott Center Investors for 6102 square feet as the base lease and 2938 square feet supported by funds from the Task Force, for a total of 9040 square feet, for the purpose of establishing a Chapel Hill Satellite Senior Center; and to authorize the establishment of subleases if said funding is not obtained; and authorize the Chair to sign on behalf of the Board. 3 THIS INDENTURE OF LEASE, made on the day of May, 1991, by and between ELLIOTT CENTER INVESTORS, a North Carolina General Partnership, 400 S. Elliott Road, Chapel Hill, N.C., having its principal place of business in Orange County, North Carolina, hereinafter called the "Landlord" which term shall include its successors and assigns wherever the context so requires or admits, and ORANGE COUNTY herein designated as the "Tenant" which term shall include its successors or assigns wherever the context so requires or admits. WITNESSEfH: ARTICLE I GRANT AND TERM 1191ta t _uM 1-5-11V M-xl;A That for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration each to the other in hand paid, and in consideration of the payment from time to time of the rents hereinafter stipulated and for and in consideration of the performance by the Tenant of the covenants hereinafter contained by the Tenant to be kept and performed, the Landlord has leased, let and demised and by these presents does lease, let and demise unto the Tenant, and the Tenant accepts from the Landlord, those certain premises, now or hereafter to be erected in the City of Chapel Hill, County of Orange and State of North Carolina, which premises consist of two contiguous spaces; one containing 6102 square feet of main level and, 1485 square feet of mezzanine floor area (collectively referred to as "Area 1 "); and the other containing 2938 square feet of main- level and 715 square feet of mezzanine floor area (collectively referred to as "Area 2 "), herein called the 'leased premises" or "demised premises ", as shown on sketch of premises attached hereto as Exhibit A. The use and occupation by the Tenant of the leased premises shall include the use in common with others entitled thereto of the common areas, service roads, loading facilities, sidewalks and customer car parking areas shown and depicted on Exhibit B and other facilities as may be designated from time to time by the Landlord, subject, however, to the terms and conditions of this agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Owner. 4 The Demised premises are shown and outlined in red on Exhibit A attached hereto and are part of the entire project as described on Exhibit B attached hereto. Said Exhibits set forth a general layout and shall not be deemed to be a warranty or agreement on the part of Landlord that said project will remain exactly as indicated on said diagram. Landlord may increase, reduce, or change the number or location of the walks, building and parking areas as the Landlord shall deem proper, and reserves the right to make alterations or additions to, the building in which the Demised Premises are contained and to add buildings adjoining the same or elsewhere in the project. Use and occupancy by Tenant of the Demised Premises shall include the use in common with others of the common areas and facilities. Nothing herein contained shall be construed as a grant or rental by Landlord to Tenant of the roof and exterior of the building or buildings of which the Demised Premises form a part, or of the walks and other common areas beyond the Demised Premises, or of the land upon which the Demised Premises are located. Landlord shall not relocate Tenant to a different location without Tenant's consent. The term of this lease, and Tenant's obligation to pay rent, shall commence on the earlier Of the following dates provided that Landlord has first notified Tenant that the premises are ready for occupancy: (1) the date on which Tenant shall open the leased premises for business to the public, or (b) July 1, 1991, whichever shall first occur. In the event that the term commences on a day other than the first day of the month, then the term hereunder shall be deemed to commence on the first day of the month next succeeding such date; provided, however, that the Tenant shall pay rent for the fractional month on a per diem basis (calculated on the basis of a thirty day month) until the first day of the month when the term hereunder commences and thereafter the minimum rent shall be paid in equal monthly installments on the first day of each and every month in advance. The term of this lease shall be for five (5) years and 0 months following the commencement of the term as provided in the preceding paragraph. Tenant shall have an option to renew this lease for one (1) additional period of five (5) years each under the same terms and conditions thereof, except that the minimum rent during the option period shall be as specified in Section 2.1(a). Option to renew must be exercised by Tenant on or before six (6) months prior to the expiration of the then existing term. Anything in this agreement to the contrary notwithstanding, providing such cause is not due to the willful act or neglect of the Landlord, the Landlord shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this lease if same shall be due to any strike, lockout, civil commotion, war -like operation, invasion, A i. rebellion, hostilities, military, or usurped power, sabotage, governmental regulations or controls, through Act of God or other cause beyond the control of the Landlord. ARTICLE II 2.1 BASIC RENT The Tenant hereby agrees to pay the Landlord without demand at its office, or at such other place or places as Landlord may from time to time designate in writing, the following rents for the aforesaid leased premises, for the term of this lease, to wit: (a) EM: The annual rent during the term of this lease shall be as shown below. Rent shall be payable by Tenant in equal monthly installments as shown below on or before the first day of each month in advance, and without any deduction or set -off whatsoever. Lease year 1 through 3: Area 1 = $48,816 /annum ($4,068/month) Area 2 = $23,508 /annum ($1,959 /month) Lease year 4 Area 1 = $56,448 /annum ($4,704 /month) Area 2 = $27,180 /annum ($2,265 /month) Lease year 5 Area 1 = $59,496 /annum ($4,958/month) Area 2 = $28,644 /annum ($2,387 /month) Rent for the first lease year of the renewal term shall be $92,664 /annum payable by Tenant in equal monthly installments of $7,722 on or before the first day of each month in advance, and without any deduction or set -off whatsoever. On July 1 of each lease year of the renewal term, the rent shall be increased proportionate to any increase of the Consumer Price Index as published by the U.S. Department of Labor Statistics or a comparable index for the prior twelve months. The term "lease year" as used herein shall mean the twelve -month period beginning with the commencement of the term of this lease as hereinabove determined and each successive twelve month period thereafter during the term of this lease. G Landlord shall pay Tenant's proportional share of the ad valorem taxes assessed against the project, with such share being determined in the ratio that the square footage of Tenant's leased premises bears to the total square footage available for lease in the project. Tenant shall pay as same shall become due any and all ad valorem taxes assessed against Tenant's personal property located on the premises. 1 *1411 ,cam RIT11:9-TIMME151m The parties agree that the respective obligations to construct the Demised Premises shall proceed and be completed in accordance with Exhibit C. Tenant agrees, upon receiving possession of the Demised Premises from Landlord in the manner provided for the delivery of possession in Exhibit C, that it will with due diligence proceed to undertake such construction work as is required of it, install such fixtures and equipment and to perform such other work as shall be necessary or appropriate in order to prepare the Demised Premises for the opening of business. ARTICLE III SECURITY DEPOSIT 3.1 TERMS OF DEPOSIT Tenant, contemporaneously with the execution of this lease, has deposited with the Landlord the sum of Twelve Thousand Fifty Four and 00/100 ($12,054.00) Dollars, of which sum $6, 027.00 represents the first month's rent, and the balance of $6,027.00 represents security deposit pursuant to this Paragraph, receipt of which is hereby acknowledged by the Landlord as security for the full and faithful performance by the Tenant of all the terms, covenants and conditions of this lease upon the Tenant's part to be performed, which said security deposit shall be returned to the Tenant after the time fixed as the expiration of the term hereof, provided the Tenant has fully and faithfully carried out all of said terms, covenants and conditions on Tenant's part to be performed. Landlord shall have the right, but not the obligation, to apply any part of said deposit to cure any default of the Tenant, and if the Landlord does so, Tenant shall upon demand, deposit with Landlord the amount so applied so that the Landlord shall have the full deposit on hand at all times during the term of this lease. Tenant's failure to pay to Owner a sufficient amount to restore said security to the original sum deposited within ten (10) days after receipt of demand therefore, shall constitute a breach of the lease. No interest shall be paid by the Landlord to the Tenant on such security deposit. Should Tenant comply with all of said terms, covenants and conditions and promptly pay all of the rental herein provided for as it falls due and all other sums payable by the Tenant to Landlord hereunder, the said deposit ti FI shall be returned in full to the Tenant at the end of the term of this lease or at the earlier termination of this lease. an tl:..k 55 a• r • • In the event of a sale of the building or a lease on the land which it stands, subject to this lease, the Landlord shall transfer the security to the vendee or lessee and the Landlord shall be considered released by the Tenant from all liability for the return of such security and the Tenant shall look to the new landlord or lessee solely for the return of the said security and it is agreed that this shall apply to every transfer or assignment made of the security to a new landlord. The security deposited under this lease shall not be mortgaged, assigned or encumbered by the Tenant without the written consent of the Landlord and may be co-mingled with other funds of Landlord. ARTICLE IV USE OF PREMISES Tenant shall use the leased premises solely for the purposes of conducting business as a senior citizen's activity and meeting center and/or other functions approved by Landlord. Tenant shall occupy the leased .premises for no other purpose and such use and occupancy shall be in compliance with all applicable laws, ordinances and governmental regulations. The Tenant agrees to conduct continuously in the leased premises the business stated above. MMOKIVIL "r, *1 Tenant shall not alter the Demised Premises, or any part thereof, and shall not install or fix any sign, fixture or attachment on or visible from the exterior of the Demised Premises, or on any other building located in or on the common area of the project, without first obtaining Landlord's written consent and complying in all respects with all requirements contained in this lease. All construction, renovation, additions, alterations, or installations of fixtures or equipment shall be done in a good and workmanlike manner of such high quality as to equal or exceed the quality of construction performed by Landlord throughout the project. ARTICLE V PARKING AND COMMON USE AREAS AND FACILITIES Landlord grants to Tenant, in common with other tenants and their agents, employees and customers and persons doing work for or business with tenants in the project the right to use the "common areas" consisting of the parking areas, roadways, pathways, sidewalks, tunnels, entrances and exits and other areas and facilities designated by Landlord for common use in the project and/or in the building containing the demised premises. The common areas shall be subject to the exclusive control and management of Landlord and Landlord shall have the right to establish, modify, change and enforce reasonable rules and regulations with respect to the common areas and Tenant agrees to abide by and conform with such rules and regulations. The right of customers to use the parking facilities shall apply only while they are shopping or on business in the project. Tenant agrees that it and its officers and employees will park their automobiles only in such areas as Landlord from time to time designates for employees parking areas which areas may be within or without the project. Tenant shall not park any trucks or delivery vehicles in the parking areas, nor permit delivery of merchandise at any place other than that designated by Landlord. Landlord shall have the right to enforce parking- charges, by meter or otherwise, and to close any part of the common areas for such time as may, in the opinion of Landlord's counsel, be necessary to prevent a dedication thereof, or the accrual of any rights in any person, and to close any part of the parldng area for such time as Landlord deems necessary in order to discourage non - customer parking and to do other things in the parking area as may be reasonably necessary for the benefit of the project; such control not to interfere with the activities of the Senior Citizens' Center. 2NKS) For each lease year during the term hereof, Landlord will pay Tenant's proportionate share of all common arcs maintenance charges and expenses. Tenant's share shall be the total amount of such charges multiplied by the ratio that the square footage of Tenant's premises bears to the total square footage available for lease in the project- ARTICLE VI UTILITIES UWA ` • 02 0 ZRIJ V 14 loll.. 8 Tenant shall be solely responsible for and promptly pay all charges for heat, water, sewer, gas, electricity or any other utility used or consumed in the leased premises. Should owner elect to supply the water, gas, heat, electricity or any other utility used or consumed in the leased premises Tenant agrees to purchase and pay for the same as additional rent an amount equal to the proportion of the utilities charges in the ratio that the square footage of Tenant's premises bears to the total square footage available for lease in the project. In no event shall Owner be liable for an interruption or failure in the supply of such � utilities to the leased premises. Landlord agrees to provide and install a heating and air conditioning plant to provide adequate heating and air conditioning to the demised premises (but not including interior duct work). Any additional heating or air conditioning units which Tenant may deem necessary shall be purchased and installed by Tenant and such units shall be of the same make and compatible design as Landlord's units and approved by Landlord. Tenant agrees to enter into, keep current and in effect, and pay all costs of a regular maintenance contract with a service contractor or representative designated or approved by Landlord to service said heating and air conditioning plant and any additional units. Tenant agrees to provide routine maintenance and repairs to the heating and air conditioning system through its Public Works Department. Costs to Tenant for such shall not exceed $5,000.00 per year. Tenant will provide to Landlord an annual schedule of maintenance. The heating and air conditioning shall be thermostatically controlled in each leased area; and each tenant shall operate the same in a manner as will comply with governmental regulations. If in the event Landlord shall supply heating and air conditioning, as specified in section 6. 1, then Tenant shall operate the same under the reasonable direction of the Landlord and otherwise so that the temperature within the Demised Premises will be reasonably the same as in other leased area ARTICLE VII WASTE, GOVERNMENTAL REGULATIONS 7.1 WASTE Tenant shall not commit or suffer to be committed any waste upon the leased premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the leased premises may be located, or which may disturb the quiet enjoyment of any person within five hundred feet thereof. 10 7.2 LATION Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. ARTICLE VIII INDEMNIFICATION OF OWNER AND LIABILITY INSURANCE WIZIN !1 • Except as to any claim caused by the negligence of Landlord, Tenant shall indemnify Landlord, to the extent permitted by law and to the extent of insurance coverage carried by the Tenant, and save it harmless from demands, suits, damages, liability and expense in connection with loss of life, personal injury or property damage arising from or out of any occurrence in, upon, at or from the Demised Premises or any improvements thereon or the occupancy or use by Tenant of said premises or any part thereof, including the common areas, or occasioned wholly or in part by any act or omission by Tenant, its agents, contractors, employees, invitees or licensees. Tenant shall store its property in and shall occupy the Demised Premises and all other portions of the project at its own risk, and releases Landlord to the full extent permitted by law from all claims of every kind resulting in loss of life, personal or bodily injury or property damage. Except as to any claim caused by the negligence of Landlord, Landlord shall not be responsible or liable at any time for any loss or damage to Tenant's merchandise, equipment, fixtures or other personal property of Tenant or to Tenant's business; and Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damage to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying the adjacent, connecting or adjoining premises. Landlord shall not be responsible or liable for any defect, latent or otherwise, in any building or any of the equipment, machinery, utilities, appliances or apparatus therein, nor shall it be responsible for liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or from leakage, steam, snow or ice, running, backing up, seepage, or the overflow of water or sewage in any part of said premises or for any injury or damage caused by or resulting from Acts of God or the elements, or from the acts of any other occupant of the premises. 8.4 NOTICE OF CASUALTY Tenant shall give prompt notice to Landlord in case of fire or accidents in the Demised Premises or in the building of which the Demised Premises are a part or of defects therein or in any fixtures of equipment. In case Landlord shall without fault on its part be made a party to any litigation commenced by or against Tenant, then Tenant shall protect and hold Landlord harmless and shall pay all costs, expenses and reasonable attorney's fees. Tenant shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Landlord in enforcing the terms of this lease. 1MIJI MEW Tenant shall at all times during the term of this lease pay all premiums for and maintain in full force and effect the following insurance in standard form generally in use in the State of North Carolina with insurance companies authorized to do business in said State: A. Comprehensive public liability insurance in the amount of at least $1,000,000.00 for any occurrence resulting in bodily and personal injury to or the death of one person and consequential damages arising therefrom, and in the amount of at least $1,000,000.00 for any such occurrence for more than one person; B. Comprehensive property damage insurance covering liability for damage to all property in the amount of at least $100,000.00 for each occurrence either without the policy containing the "care, custody and control" exclusion, or, in the alternative, providing fire and extended coverage legal liability insurance; and C. Tenant further agrees that the -contractor performing work for Tenant shall furnish Tenant with certificates showing evidence of comprehensive public liability insurance in the same amounts as set out in subsections (A) and (B). Such insurance to include "completed operations coverage." Further, if any work involving excavation of underground operations should be required, the XC&U exclusions must be omitted. Such insurance and certificates shall name Landlord as an additional insured for the full amount of the insurance herein required. Tenant, at the beginning of the term of this lease and thereafter not less than thirty (30) days prior to the expiration of any such policy, shall furnish Landlord with a standard certificate of insurance executed by the insurer involved also containing an undertaking by the insurer to give Landlord ten (10) days prior written notice of any 11 12' cancellation, non - renewal or change in scope or amount of coverage of such policy. Tenant shall, at all times, maintain. worker's compensation insurance as may be required to comply with the applicable laws of the State of North Carolina. 8.7 LANDLORp'S ,INSURANCE At all times during the term of this lease, Landlord shall maintain in effect policies of insurance covering the building and improvements of which the Demised Premises constitute a part, providing protection to the extent of not less than eighty (80 %) percent of the insurable value of said building against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage, Vandalism and Malicious Mischief." Nothing in this Section shall prevent the taking out of policies of blanket insurance which may cover real and personal property and improvements in addition to the building of which the Demised Premises constitute a part. 8.8 N AD I'1'I AL INSURANCE At all times during the term of this lease, Tenant shall pay all premiums for and maintain in effect, with a responsible insurance company or companies authorized to do business in North Carolina, policies of insurance for the benefit of Landlord and Tenant, as their interests may appear as follows: A. Insurance covering Tenant's trade fixtures,. furniture, furnishings, equipment, betterments and improvements and other installations of Tenant, providing protection to the extent of not less than eighty (80%) percent of the insurable value of the same against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage, Vandalism and Malicious Mischief" and covering sprinkler leakage; B. Plate glass insurance covering the plate glass in the Demised Premises; and C. Insurance covering one hundred (100%) percent of Tenant's work as described in Exhibit C against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage," and "Builders Risk Coverage," which insurance shall be maintained until Tenant has opened for business. In no event shall Tenant cancel the insurance provided for hereunder until notice to Landlord and Landlord has included such Tenant's work under Landlord's insurance. Landlord and Tenant hereby grant to each other and on behalf of its insurers, a waiver of any right of subrogation any such insurer of one party may have or acquire against the other by virtue of payment of any loss under such insurance. Such waiver shall be effective so long as each is empowered to grant such waiver under the terms of its insurance policy or policies involved without payment of additional premium. Such waivers shall stand mutually terminated 13 as of the date either landlord or Tenant ceases to be so empowered. Landlord and Tenant agree to provide each and every insurance company providing a policy or policies as may be required herein with a copy of this lease or notice of this provision for waiver of subrogation. ARTICLE IX MAINTENANCE AND IMPROVEMENTS 9.1 LAND VOIRDVS- MAIMNANCE Landlord will keep the work done by Landlord and the roof and exterior walls of the Demised Premises in proper repair, provided that in each case when known Tenant shall have given Landlord prior written notice of the necessity of such repairs; and provided further, that if any such repair is required by reason of the negligence of Tenant or any of its agents, employees or customers, or other persons using the Demised Premises with Tenant's consent, express or implied, or Tenant's failure to perform any of its obligations under this Section, Landlord may at his option make such repair provided Tenant has been given 30 days written notice and add the cost thereof to the first installment of Minimum Rent which shall thereafter become due. Tenant covenants and agrees to keep and maintain in good order, condition and repair the Demised Premises and every part thereof, including fixtures and equipment therein, except as to those obligations expressly assumed by Landlord, including but without limitation, the exterior and interior portions of all doors, windows, glass, plumbing and sewage facilities within the Demised Premises, including free flow up to the common sewer line, fixtures, electrical equipment, and interior walls, floors and ceilings, including compliance with applicable building codes relative to fire extinguishers, accomplishing any and all repairs, alterations, replacements and modifications at its own expense and using materials and labor of kind and quality equal to the original work. Tenant will surrender the Demised Premises at the expiration of earlier termination of this lease in as good condition as when received, excepting only deterioration caused by ordinary wear and tear, and damage by fire or other casualty or Act of God. Jk=:j • Orly I. If any repairs required to be made by Tenant hereunder are not made or commenced or Tenant is not proceeding with due diligence to commence and complete such repairs within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs and Tenant shall pay to Landlord upon demand as additional rental hereunder the cost of such repairs plus interest at the rate of 15 % per annum from the date of payment by Landlord until repaid by Tenant. 14 • Tenant shall not make any alterations, additions, or improvements to the Demised Premises without the prior written consent of Landlord, except for the work described in Exhibit C and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. All fixtures installed by Tenant shall be new or approved by Landlord. 9.5 NA CONSIRIZCTIONS All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and with all the terms of this lease and at such times and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the project. If required by Landlord, Tenant shall, at Tenant's sole cost, and expense, erect and install a temporary enclosure approved by Landlord to enclose the Tenant's space during construction therein. All costs of such work shall be paid promptly so as to prevent the assertion of any liens for labor or materials. Tenant agrees to indemnify and hold Landlord harmless against any loss, liability or damage resulting from such work or liens filed. • Jam! r Whenever Tenant proposes to do any construction work within the Demised Premises, it shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work. 9.7 LANDLORD'S P R All additions, alterations and improvements (including but not limited to burglar alarms systems and additional heating and air conditioning units installed by Tenant) shall become the property of Landlord and be surrendered with the premises at the termination of this lease. Tenant shall have the right to remove or replace its movable trade fixtures, provided Tenant repairs any damage caused by such removal. ARTICLE X ACCESS BY LANDLORD f e 0 accUl M • �ll.11. ' Landlord or Landlord's agents shall have the right to enter the leased premises at reasonable times and upon reasonable notice to examine the same, and to ' show them to prospective purchasers or lessees of the building, and to make such repairs, alterations, 15 .improvements or additions as Landlord may deem reasonably necessary or desirable. If Tenant shall not be present to open and permit an entry into said premises, at anytime, when for any reason as entry therein shall be necessary or permissible, Landlord or Landlord's agent may enter the same by master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore, and without in any manner affecting the obligations and covenants of this lease. ARTICLE XI DESTRUCTION OF LEASED PREMISES If the leased premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its own expense cause such damage to be repaired, and the rent shall not be abated; if by reason of such occurrence, the premises shall be rendered untenantable only part, Landlord shall promptly at its own expense cause such damage to be repaired, and the minimum rent meanwhile shall be abated proportionately as to the portion of the premises rendered untenantable; if by reason of such occurrence the premises shall be rendered wholly untenantable, Landlord shall promptly at its own expense cause such damage to be repaired, and the minimum annual rent meanwhile shall be abated in whole, except that if at the time of such total destruction there shall be twenty-four months or less remaining of the term of this lease within sixty (60) days after said occurrence either Tenant or Landlord at his option may give written notice that it -has elected to terminate this lease, in which event the lease and the tenancy hereby created shall cease as of the date of said occurrence, and the minimum rental and the percentage rental shall be adjusted as of such date. Unless the parties shall otherwise agree in writing, Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant's interest in its lease and Tenant shall have no interest in the proceeds of any insurance carried by Landlord. ARTICLE XII EMINENT DOMAIN If the whole or any substantial part of the Shopping Center shall be taken by eminent domain or in any manner for public use, the Landlord may at its option terminate this lease and the estate hereby granted by giving written notice of such termination to Tenant and upon the giving of such written notice by Landlord the estate hereby granted and all rights of Tenant hereunder shall expire as of the earlier of the date when title to or the right to possession of the 16 Shopping Center or a substantial part thereof shall vest in or be taken by public authority as aforesaid and any rent paid for any period beyond said date shall be repaid to Tenant. Tenant shall not be entitled to any part of any award or payment which may be paid to Landlord or made for Landlord's benefit in connection with such public use and Tenant shall have no claim or rights as against Landlord for the value of any unexpired term of this lease. However, the widening of any street abutting the Shopping Center shall not affect this lease, provided that no part of any building is so taken. ARTICLE XIII ASSIGNMENT AND SUBLETTING Tenant shall not assign of sublet any part of the Demised Premises without the prior written consent of the Landlord, which may be reasonably withheld. The consent of Landlord to any assignment or subletting or other act of Landlord, however, shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting; in all events, the Tenant shall remain fully liable and shall not be released from performing any of the terms of this lease. ARTICLE XIV QUIET ENJOYMENT Landlord covenants that, subject to compliance with all terms and obligations herein imposed upon the Tenant, the Tenant shall hold and enjoy the Demised Premises during the term of this lease free from the adverse claims of any and all persons. ARTICLE XV HOLDING OVER If the Tenant remains in possession after the expiration of the term or any extension hereof (without the execution of a new lease) the Tenant shall not thereby acquire any right, title or interest in or to the leased premises, and shall be a tenant by sufferance during such holding over on a month- to-month basis. But in such event, the Tenant shall be subject to all the conditions, provisions and obligations of this lease insofar as the same shall then be applicable. ARTICLE XVI SUBORDINATION 17 This lease and all leasehold rights hereunder shall be, become and remain subordinate to the lien of any bona fide mortgage or deed of trust now or hereafter imposed upon all or any part of the Demised Premises; and the Tenant shall execute and deliver to Landlord or lender upon request any instrument or instruments reasonably requested by the Landlord consenting to the full subordination of this lease to any such mortgage or deed of trust upon the condition that Tenant's rights hereunder shall not be disturbed by any foreclosure or otherwise so long as Tenant is not in default hereunder. Tenant shall upon request of Landlord promptly furnish documents stating that this lease is in full force and effect, that no defaults of Landlord exist, and such other matters as are customarily contained in what is known as an "estoppel letter ". ARTICLE XVII DEFAULT 17.1 EYENT_JQF__DEFAULT If Tenant (a) fails to pay any rental or other payment hereunder as it comes due; or (b) if it fails to perform any other of the terms of this lease to be observed or performed by Tenant; or (c) if Tenant Shall become bankrupt or insolvent or there is an appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant mares an assignment for the benefit of creditors, or petitions for or enters into such an agreement; or (d) if this lease shall pass to or devolve upon (by law or otherwise) one other than Tenant except as herein provided - -then, in any one or more of such events, upon Landlord serving a written Notice upon Tenant specifying the nature of such default and the period allowed to cure the default, if Tenant shall have failed to comply with or remedy such default within such period, then this lease and other term thereunder shall (at the option of Landlord) terminate and come to an end on the date specified in such Notice (but such termination shall not serve to release or discharge the. damages Tenant owes to Landlord). Tenant shall thereupon quit and surrender the Demised Premises to the Landlord as if the term hereunder ended by the expiration of the time originally fixed herein, but Tenant shall remain liable as hereinafter provided. I The written Notice required of Landlord under the preceding section shall provide for ten (10) days of grace to cure a monetary default, or thirty (30) days to cure a non - monetary default which can reasonably be cured in thirty (30) days; and for any non - monetary default not curable in thirty (30) days, that Tenant shall commence to cure same within thirty (30) days and thereafter proceed diligently and in good faith to complete the curing of said default as soon as possible. :I • C4 _ z Its, 1 fr If the Notice provided shall have been given and the term shall expire as aforesaid, or should Landlord elect not to terminate this lease, Landlord shall have the immediate right to re- entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without further service of Notice or resort to legal process (all of which Tenant expressly waives) and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have a lien for the payment of all sums agreed to be paid by Tenant herein upon all Tenant's property, which is to be in addition to any Landlord's lien now or that may thereafter be provided by law. 17.4 REWDIES Should Landlord elect to re -enter or should it take possession pursuant to legal proceedings or pursuant to any Notice provided for by law, it may make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this lease) and at such rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such reletting, all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any cost and expenses of such reletting, including brokerage fees and attorney's fees, and of cost of such alterations and repairs; third, to the payment of rent, due and unpaid hereunder, and the residue, if any, to future rent as the same would have become due and payable hereunder. Landlord may accelerate the rent due or to become due hereunder, and shall not be required to delay suit on or recovery of same. Landlord may recover from Tenant all damages it may incur by reason of Tenant's default, including the cost of recovering the leased premises, and Landlord's reasonable attorney's fees, all of which shall be immediately due and payable from Tenant to Landlord. For the purposes of this Article, percentage rent for any period after default and re- entry by Landlord shall be computed on the basis of the amount thereof accruing during the next preceding lease year or during the next preceding twelve (12) months, whichever is the greater, except that if such event shall occur during the first lease year, then on the basis of the amount of percentage rent accruing for the then elapsed portion of the term of this lease. �.11 J11 a i 11 0MM .� In the event of a breach or threatened breach by Tenant of any provision of this lease, Landlord shall have the right of injunction as if other remedies were not provided for therein. WK0. _ IRRI L'-'A.. The rights and remedies given to Landlord in this lease are distinct, separate and cumulative remedies, and the exercise of any of them shall not be deemed to exclude Landlord's right to exercise any or all of the others or those which may be permitted by law. : .; x . a1D P M Landlord shall in no event be in default in the performance of any of its obligations contained in this lease unless and until Landlord shall have failed to perform such obligation within thirty (30) days or failed to commence to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform any such obligation. ARTICLE XVM MISCELLANEOUS PROVISIONS 18.1 XMCE All notice by either party to the other provided for in this lease shall be in writing and shall be sent by telegram, registered or certified mail, or personally delivered, until otherwise designated, as follows: To Landlord: Elliott Center Investors 400 S. Elliott Road Chapel Hill, NC 27514 With a copy- to: John A. Northen Attorney at Law Post Office Box 207 Chapel Hill, NC 27514 To Tenant: County of Orange P.O. Sox 8181 Hillsborough, NC 27278 (Attention: Pam Jones) • � 07A s •.I Upon the request of either party, the other party will in good faith cooperate in the Preparation and execution of a recordable short form lease substantially in the form of Exhibit D. Tenant shall in no event record this lease, whether in full or in part. 183 BROKERS Tenant represents and warrants that there are no claims for broberage commission or finder's fees in connection with the execution of this lease and agrees to indemnify Landlord 19 20 against and hold it harmless from all liabilities arising from any such claim, including cost of Landlord's reasonable attorney's fees. The covenants and agreements herein contained are binding on the parties hereto, their successors, assigns, and legal representatives. This lease embodies all of the understandings and agreements of the parties, and the terms hereof shall not be changed or varied except by written instrument signed by both parties. 18.5 VER I F AREA (2 238 SQUARE FEEM The parties to this Lease agree and understand that the continuation of this lease agreement for 2938 square feet of space (Area 2), pursuant to the term period set forth herein, or any extension or renewal thereof, is dependent upon and subject to the availability of funds from sources other than Orange County. If funding is not available and the County is unable to sublease said space, the 2,938 square feet (Area 2) including associated mezzanine space (715 square feet) will revert back to the Landlord without further rent liability to the County, except as noted below. The County and the Landlord agree that in the event the 2,938 square feet of space (Area 2) reverts to the Landlord, the County will ensure that an appropriately rated fire wall is constructed along the pole line which separates Areas 1 and 2. The County and the Landlord will share the cost of any new access that becomes necessary as a result of this action. Also, rent for the mezzanine space over Area 1 will be paid by the Tenant as follows: Lease year 1 through 3: Lease year 4: Lease year 5: $4,452 /annum ($371 /month) $5,148 /annum ($429 /month) $5,436 /annum ($453 /month) Also, agreed in the event that Area 2 reverts to the Landlord, the County shall supply to Landlord or his Tenant of said space, heating and cooling to Area 2 for a pro-rata share of related expenses to be paid by the Landlord or his Tenant. 21 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. Mr-IM-1 ELLIOTT CENTER INVESTORS A General Partnership BY: General Partner Tenant: ORANGE COUNTY BY: Moses Carey, Jr. Chair to the Board of County Commissioners (AKEA Z) �FL LEVtL� - r 040 Sal. Fr Z93$ sd+lw'r. I ,arr,ra; m., VRAM*& � i r�� c ram : ersss wv 0�n►ILI ' 'rtk - i .. •."ir e r ' i ' i -r: ' • O. i rt y . r• Ti . T • r. ;; r., ��' I EXHIBIT A _a:..,�.1C'., �• �� as L4Ttrr 10 CE 914-ed 1485 SQ'FT; 7157 5a FT a (AKEA Z) �FL LEVtL� - r 040 Sal. Fr Z93$ sd+lw'r. I ,arr,ra; m., VRAM*& � i r�� c ram : ersss wv 0�n►ILI ' 'rtk - i .. •."ir e r ' i ' i -r: ' • O. i rt y . r• Ti . T • r. ;; r., ��' I EXHIBIT B I I j I r f ae I i h rn ' 9 1 11 1 � I a !9y] R / C I _ CIE ' io LF I ip I 23 j e 24 r L A: t LANDILM'S AND TE ' 1. Landlord agrees to perform the following improvements to the Demised Premises on or before June 15, 1991, subject to the provisions of Section 1.6. Landlord's Work: a) Remove stored equipment and materials from the Demised Premises. 2. Tenant agrees to perform the following improvements to the said Demised Premises, and as detailed on plans and specifications to be submitted to and approved by Landlord on or before 60 days after lease execution date. Tenant's Work: a) Construct all elements of upfit required to make the demised premises suitable for Tenant's use, including but not limited to, interior walls, HVAC ducting, electrical, plumbing, bathrooms, ceiling, lighting and flooring. rnr..QXd' ELLIOTT CENTER INVESTORS BY: General Partner Tenant: ORANGE COUNTY BY: Moses Carey, Jr. Chair to Board of County Commissioners I EXHIBIT "D" MEMORANDUM- OF LEASE Elliott Center Investors, a North Carolina General Partnership, (hereinafter called "Landlord "), hereby leases to , (hereinafter called "Tenant "), and Tenant hereby rents from Landlord for a period of ( ) yes beginning and ending and, at the option of the Tenant, for � ) successive additional periods of (__) yes each, stare Premises located on property situated in Chapel Hill, North Carolina, and more Particularly described as follows: A. The premises leased are as shown on the attached sketch, incorporated herein by reference. B. The property upon which such premises are located is further described in deed recorded in Book , Page , Orange County Register of Deeds, incorporated herein by reference. All of the provisions set forth in that certain Lease Agreement dated by and between Landlord and Tenant are hereby incorporated into and made a part of this Memorandum. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed this day of 19 Lan l r : ELLIOTT CENTER INMFSTORS A General Partnership `w General Partner Tenant: BY: BY: Secretary 25 STATE OF NORTH CAROLINA COUNTY OF : I, a Notary Public of the County and State aforesaid, certify that 7AVAD VAKILZADEH, General Partner of ELLIOTT CENTER INVESTORS, personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp of seal, this day of M: My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF Notary Public I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and, being first duly sworn, acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp of seal, this day of 19 My Commission Expires: STATE OF NORTH CAROLINA COUNTY OF Notary Public I, a Notary Public of the County and State aforesaid, certify that personally came before me this day and acknowledged that he is Secretary of , a North Carolina corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, sealed with its corporate seal and attested by as its Secretary. Witness my hand and official stamp of seal, this day of M My Commission Expires: Notary Public r 76 > 1 Robert Edward Seymour May 2, 1991 Mr. John Link, Jr. Orange County Manager Box 8181 Hillsborough, N.C. 27278 Dear John; This is to formally reaffirm the commitment made by the Funding Subcommittee of the Task Force on the Southern Orange Senior Center Space to raise funds for the proposed new Chapel Hill Senior Center. Specifically, we would have a fundraising campaign to secure the necessary money, material and labor to upfit the new space and to provide the additional money necessary to lease the balance of the Galleria space. On May 7th the funding subcommittee, now to be re -named as "The Founders," will be enlarging its number of participants and organizing to begin development effortg"as soon as the new account is available to receive funds. We are also planning an Open House at the Galleria on Sunday, May 19th, from 2 unto 4 in order for-the public at large to see the location and dream with us about what will emerge there. We would be pleased if you can find time in your busy schedule to come. Thank you again for being so supportive and for helping us move toward making a broad range of programs and services available to the Seniors of Southern Orange. Sincerely, 1 Robert Seym ur 609 Greenwood Road Extension, Chapel Hill, North Carolina 27514 27 f r M 2 8 1991 28 TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL, NORTH CAROLINA 27516 Telephone (919) 968 -2700 April 26, 1991 Mr. John M. Link, Jr. Orange County Manager Post Office Box 8181 Hillsborough, North Carolina 27278 Dear John: Re: Proposed Senior Center Thank you for providing me a summary of the action taken recently by the Orange County Board of Commissioners in regard to the proposed satellite Senior Center in Chapel Hill. I gave copies of your April 17th letter to the Mayor and Town Council so that they would be aware of the progress of this project. You explained that the Board of Commissioners commitment to lease space for the Senior Center is contingent in part on: "An expression of commitment by the Town of Chapel Hill in providing support for program staff and operations for the Senior Center prior to the Commissioners' final approval of the lease on May 6th." I included a brief report on the Board of Commissioners' action in the budget message that I presented to the Mayor and Town Council on April 22nd. (Please see.attached excerpt of budget message.) As part of that report I explained that: "We believe that recreation services could be provided (by the Town of Chapel Hall) at the proposed Senior Center on a full- cost - recovery basis. We also believe that it would be possible to develop an indirect cost formula for including reasonable utility, operations, and rent costs in fees charged for these senior center recreation programs, with that portion of the fees being returned to the Senior Center." i continue to believe that primary staffing of the Senior Center logically would be the responsibility of the County's Department of Aging. 29 Mr. John Link April 26, 1991 Page 2 The Council will consider whether to make direct financial contributions to the operation of the Senior Center as a part of their budget deliberations during the next several weeks. The present schedule calls for the council to consider adoption of a budget at their meeting on May 28th. In the meantime, I hope that our commitment to provide recreation services on a full -cost- recovery basis, consistent with established Town policies, would satisfy the,contingency established by the Board of Commissioners. The Senior Center Task Force is energetically pursuing private funding needed to fully carry out their proposed programs; and, I believe that they will be successful in their efforts. I also am supportive of the Task Force's interest in forming a private non- profit corporation to act as the owner /manager of the Senior Center. The idea has great merit, in my opinion. Please let me know if you need additional information or wish to discuss any of these matters further. Sin erely"Orto W. Calvi Town Manager Enclosure CC: Mayor and Council Ai 30 Excerpt from Town Manager's Budget Message April 22, 1991: Support of Pro osed Senior Center. on April 16th, the Orange County Board of Commissioners took action to commit the County to lease space at the Galleria for a Chapel Hill satellite Senior Center, effective with formal approval of a lease at their May 6th meeting. The County's specific commitment is to lease 7,585 square feet of floor space at an initial expense of $53,271 per year The County's commitment is contingent on several conditions, including: * a commitment from the Town of Chapel Hill to provide support for program staff and operations * a commitment from the Senior Center Task Force to raise funds necessary to renovate the leased space and to provide for operational expense not covered by the Town of Chapel Hill In previous discussions eabout the Town pay costs such as the the proposed senior Center, Task Force members have suggested following: $ 6,000 utilities 5,400 Operations 24,100 Facility Manager 10,800 Receptionist 8,400 Recreation Program Assistant Consistent with Town policies, we have stated that recreation programs for adults could be provided on a full -cost- recovery basis. We also have stated that other costs could be considered by the Council as a part of the budget process. We believe that recreation services could be provided at the proposed Senior Center on a full- cost - recovery basis. We also believe that it would be possible to develop an indirect cost formula for including reasonable utility, operations, and rent costs in fees charged for these senior center recreation programs, with that portion of the fees-being returned to the Senior Center. We believe primary staffing of the Senior Center logically would be the responsibility of the County's Department on Aging. However, if the Council wishes to provide direct financial support for the Senior Center beyond recreation services on a full- cost - recovery basis, any of the options for funding additional services as listed in the above section could be considered, including a tax rate increase. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. SX Meeting Date: May 6, 1991 SUBJECT: APPOINTMENTS ---------------- DEPARTMENT_yBoard -of Commissioners PUBLIC HEARING YES: NO: _X ATTACHMENT(S): Yes INFORMATION CONTACT; -------------------- Beverly Blythe TELEPHONE NUMBER - Ext. 2130 Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: The following- recommendations are~ presented - - - - - ' - consideration. p d for the Board s BACKGROUND: RECREATION AND ARKS ADVISORY CO To consider reappointing James Dingfelder to his second term on this Council and Lorraine Parker to her first full term. Both of these terms will expire in-March of 1994. OWASA: To appoint an applicant to Donald E. Francisco. Mr. Francisco reasons. This unexpired term will Applications are attached. RECOMMENDATION(S): As the Board decides. fill the unexpired term of has resigned for personal expire on June, 1994. FINAL REPORT RECOMMENDATIONS FROM THE SYMPOSIUM ON SERVICES FOR YOUTH on November 5, 1988, a County -wide Symposium on Services for Youth was sponsored by the Board of Commissioners. The purpose of the symposium was to obtain innovative ideas, promote solutions in problem areas, and to form a stronger county -wide network of agency representatives and concerned citizens. Following a keynote address by Dr.Frank Loda, Director of the UNC Center for Early Adolescence, six group sessions were convened. The topics were: 1) Teens in Crisis 2) Education and Drop -Out Prevention 3) Leisure 4) Employment 5) Teens and Their Families and 6) Poverty. Each of these groups identified problems, issues, and gaps, and then developed recommendations and strategies for addressing these concerns. This final report follows a preliminary update presented to the Board of Commissioners in November 1990. It briefly reviews the major actions that agencies have undertaken since the Symposium. The sections of this report correspond to the different group topics, and begin with a synopsis of the problems /issues /gaps that were identified. Each recommendation/ strategy is then listed, accompanied by the status of any action that has been or will be taken, and a brief description of that action. New initiatives that address relevant problems but are not in response to any specific recommendation are noted at the end of the sections. 2 TEENS IN CRISIS PROBLEMS /ISSUES /GAPS -Need for centralized and coordinated services. -- Accessible - Affordable -Need for more in- county residential treatment facilities for teens in crisis: -short and long -term group homes - Specialized foster care homes - Respite care -Youth services need to "reach out" to teens: -Need to be located in more accessible environments, such as schools and recreations centers. -Need to be targeted toward specific teen groups: racial, social, and economic. -Need to be directed toward children at earliest possible age -Need better coordination of public and private resources -Need for community coordinators to link churches with established organizations. -Agencies need to be more involved in disseminating information. -Need home visits for teens in crisis. -Need for more volunteers. -Need for funding for a program to supervise youths after school, during vacations and snow days. STATUS RECOMMENDATIONS /STRATEGIES 1.Support a youth services ombudsman: A person or office that youth could easily contact for assistance in identifying resources and to offer peer counseling. Completed A Management Assistant was hired in August, 1991, with youth coordination being a major work responsibility. The position is located in the County Manager's office. Page 2 3 2.Provide a continuing conference of youth servicing professionals as a method of enhancing communication and exchange. Future The Management Assistant will implement.this recommendation. NEW INITIATIVES ongoing Orange - Person- Chatham Mental Health center and UNC have initiated the Children and Youth Demonstration Project, an inter - agency system for coordination of services to seriously emotionally disturbed youth. Project objectives include the development of community based services and crisis- management resources. Page 3 4 EDUCATION AND DROP -OUT PREVENTION PROBLEMS /ISSUES /GAPS - Significant factors making the likelihood of school drop -out higher are: - Families are in lower social- economic groups - Students' parents dropped.out.of school. -- Students not curriculum focused - Students mentally retarded or learning disabled -The shortage of support staff in early grades makes early assessment and monitoring of at -risk students very difficult. - Parental involvement in early and middle grades is crucial in order to address home /school problems. Beyond middle grades parental communication with schools assists in monitoring at -risk students. -Non-academically oriented students have difficulty adjusting to junior high school, perceive themselves as different from college -bound students, and tend to drop out of learning in middle school and out of school at age sixteen. -The age for leaving school may need to be increased to age eighteen. - Students are experiencing increasing stress in academic, social, emotional, and home areas, resulting in fewer hours of structured classes daily. --Many high school drop -outs are unable or unmotivated to complete their education. Common reasons are no transportation, no support services, and no day care for infants of adolescent parents. - Competition for funds is high for all groups, especially for special education students. STATUS RECOMMENDATIONS /STRATEGIES ..Evaluate need for more vocational and employability skills in middle and high school. ongoing Chapel Hill- Carrboro City Schools have instituted the Tech Prep program, a national program blending higher level academic and vocational courses within the high school curriculum. orange County Schools have endorsed and are working towards the Tech Prop program. Page 4 Ongoing Chapel Hill - Carrboro City schools have added numerous new semester offerings. An additional industry education coordinator was hired in fall 1990 to provide more career development counseling for non - college bound students. ongoing Two new vocational classes were added to the Orange County middle schools curriculum in fall 1990, and high - risk students not eligible for Federally- funded programs have been targeted and encouraged to take these courses. 2.Develop partnerships with employers to support high school completion by not hiring fifteen to nineteen year olds unless they stay in school and by giving them flexible work hours. Ongoing The Orange County Dropout Prevention /At -Risk Coordinator, hired in December 1989, will convene a Community Advisory Council by March 1991. The Council responsibilities will include developing business - school partnerships. Ongoing The Chapel Hill - Carrboro City schools and the orange County schools At -Risk Coordinators are jointly examining school- business partnership models. 3.Add counselors at Orange High School to increase ratio to two counselors per grade. ongoing one counselor was added to the orange High school faculty in fall 1989. A system -wide psychologist position was also added in fall 1989, with the psychologist primarily responsible for orange High school. 4.Continue successful intervention projects, such as the Medical Concerns Assessment Team, Action Team, and guidance groups. ongoing Orange High School continues to utilize an Action Team and support groups for high -risk students. The Drop -out Prevention /At -Risk Coordinator and the Alcohol and other Drug Education Coordinator work with the six elementary and middle schools to establish and /or strengthen site - based problem solving -teams serving at -risk students. Ongoing Chapel Hill - Carrboro City Schools continue to utilize core groups at Chapel Hill High school, and student Assistance Teams in the middle schools, for high -risk students. An Alternative Education program for high -risk students has also been instituted at the high school. Page 5 6 ongoing Chapel Hill- Carrboro City schools utilize support groups including various combinations of insight groups, concerned persons groups, and recovery groups, depending on the student's grade level. 5.Continue alternative programs for at -risk students, substance abuse assessment, and Work for Success groups. ongoing Teachers in both school systems are trained in the Quest Program, which is directed toward building self - esteem and decision making skills within youth. The program also addresses alcohol prevention issues. Alcohol and other drug education continues to be a high priority in the school systems, and both school systems are now utilizing the Drug Abuse Resistance Education (DARE) program as one component of their approach. ongoing Chapel Hill High School is currently providing the Work for Success program and seeking funding to insure its continuation. 6.Strengthen parental involvement in schools by: -- Training teachers to conduct conferences with parents of at -risk students - Adding school social workers for home /school coordination - Educating parents and starting support groups - Creating innovative programs to meet with parents at their job sites (such a program is currently conducted at NC Memorial Hospital) - Involving Dropout Prevention Task Force. ongoing orange County Schools$ Community Schools Program Director has initiated a system -wide Parent Advisory Council to improve outreach and communication with parents. The Council is planning a pilot "Parent University" this spring, offering workshops to improve parenting skills and strengthen parental involvement. Completed orange County Schools' middle school teachers have attended workshops which emphasized conducting conferences with parents of at -risk students. ongoing Both school systems are moving towards site -based management as part of implementing N.C.'s Senate Bill 2, a state initiative emphasizing greater local flexibility and enhanced accountability for public schools. Page 6 7 7.Provide more flexible schedules for students. ongoing Orange county schools are exploring the Comprehensive Concept, a flexible plan which allows individual schools to provide better services to and options for students. Plan components address flexible scheduling and extension of the school day. 8.Alter expectations about "normal" time in which a student should finish high school. ongoing Orange County Schools have established an Early Graduation Task Force which is exploring this concern. 9.Consider an extended day program in which high school students may attend school after work. Such a program should provide them with school bus transportation and support services as well. ongoing orange County schools, study of the Comprehensive Concept (see #7) addresses this concern. 10.Promote cooperative efforts to secure funding and to strengthen inter - agency communication. ongoing Orange County Schools have acquired funding for the Providing opportunities for Peer support (POPS) Project, an inter- agency, multi- strategy approach to reducing adolescent pregnancy. A Director was hired in January 1991. Ongoing The Orange County Community Advisory Council will explore models for networking of human services delivery to promote coordination and prevent duplication of services. Ongoing The drop --out prevention /at -risk coordinators from Chapel Hill - Carrboro City Schools and Orange County Schools are jointly examining human services delivery models to explore more effective and cost - efficient approaches. The cities in Schools model of providing integrated human services delived through the schools is a major focus of study. 8.Designate funds for support services in schools. -Add support staff targeted toward at -risk students in elementary and middle schools. Page 7 E:l ongoing Chapel Hill- Carrboro schools have added a half -time staff position for the student assistance programs in the middle schools. Completed orange County Schools and the County Department of Social Services developed a protocol, signed in January 1990, which permits Social Services to counsel /investigate student /family problems when necessary and appropriate. ongoing Chapel Hill- Carrboro._City.Schools and.the County Department of Social Services have been meeting to develop a similar protocol by May 1991. Page 8 6 LEISURE PROBLEMS /ISSUES /GAPS -Need for coordination between agencies and community groups providing services for youths. -Need for facilities for specialized activities: -Movie theaters - swimming pools -Need for "close -to- home" facilities /events /programs for youth. -Need for activities specifically designed for eleven to sixteen year olds., STATUS RECOMMENDATIONS /STRATEGIES 1.Create a clearinghouse to coordinate program and event information, distributing /disseminating through a consolidated newsletter /calendar of events. Ongoing The Chapel Hill Teen Center established a clearinghouse in 1989 to provide information at the Center about youth programs and events. ongoing Orange County Recreation and Parks departmental newsletter now highlights a "Teen Programs" section. 2.Create a toll -free teen hot line to coordinate information and referral concerning youth services. Future The United Way Information and Referral Task Force has future plans to assess the need for an information and referral phone system for all County services, including youth services. 3.Identify a lead agency to coordinate and assist community - based groups to plan programs with youth. Ongoing In fall 1989, the County 4--H Youth and Advisory Board organized a Teen Alternative Task Force for northern and central Orange County. 4.Plan with youth, not for them. Page 9 10 Ongoing The Teen Alternative Task Force assisted area teens in developing their own Teen Club, and making their own rules and regulations for the club. The Teen Club initiated and is continuing to sponsor regular teen dances. The Task Force also initiated a radio station which is continuing at Orange High School. Ongoing County 4 -H is implementing the Teen Alternative Task Force's recommendations for a community drama group, and a teen volunteer center.. 4 -H will continue to offer technical assistance for the volunteer center through the summer of 1991. ongoing The Chapel Hill Teen Center has a Teen Board which makes decisions about the entertainment activities and educational programs, and coordinates the Explorer Post co- sponsored by the Center. ongoing In spring 1990, the Chapel Hill Teen Center and the North Carolina Coalition Against Racist and Religious Violence initiated co- sponsorship of a state -wide Teen Council which meets quarterly. 5.Establishing a teen center in central /northern Orange County. 6.Encourage commercial development that provides services to youth, such as movie theaters and game rooms. Completed There are numerous movie theaters and game rooms in southern Orange. Future Churton Street Market, the new shopping center planned for Hillsborough, is projected to have a movie theater. 7.Continue to educate parents about teens and teens about parents. Completed Over 150 people attended the November 1989 Bridging the Gap Conference, a day -long educational workshop dealing with adolescent issues, decision- making and problem - solving sponsored by 17 public and non - profit agencies. Completed County Recreation and Parks offered two seven -week workshops in fall 1990 on "How to Talk So Kids Will Listen and Listen So Kids Will Talk ". Page 10 71 8.Develop a transportation network to get teens to activities. ongoing The Orange County Human Services Transportation Study Steering Committee has considered alternatives which include increasing teen access to public transportation. There will be an expanded Prospect Hill shuttle, going to Chapel Hill and Carrboro, with increasing availability of seats for the general public. NEW INITIATIVES ongoing County Recreation and Parks Department efforts include a new staff position which includes teen programming, County Commissioner approval for a public pool for the 1991 -1996 Capital Improvements Plan, and the development of numerous new programs available to teens. Ongoing Recent Chapel Hill Parks and Recreation Department teen programming initiatives include sponsorship of a scout Explorer troop, and collaboration with the Chapel Hill/ Carrboro City Schools in developing a Teen Rock Orchestra. Ongoing Carrboro Recreation and Parks Department efforts include assignment of a staff member to liaison with teen groups and spend at least 50 of their time on teen programming. New programs include improving the Junior officials Program, and teen summer camps. Page 11 EMPLOYMENT PROBLEMS /ISSUES /GAPS 12 -Need for transportation services connecting potential workers with available employment. - Youths sometimes cannot afford to accept available jobs because the wage rate cannot meet the cost of transportation. -Need for transportation in a family sometimes prevents youths from attending community colleges in neighboring counties that could train them for labor market needs. -Need for resources /services to handicapped students and those who do not meet JTPA guidelines for financial eligibility. -Need for summer jobs that provide temporary full time employment for youths. -Need for parental and community support for education that prepares youth for employment. --Need for qualified child care providers. -If youths could secure some training and certification, the child care field would be a viable area for employment. -Need to address problem of under - employment and its impact on the community: - Under - employment exists because there are many skilled people who are part of the "transient" or non - resident population. These people accept entry level jobs for short periods. This limits job opportunities for residents who need entry level positions to start a career in Orange County. - Skilled individuals often accept jobs for which they are overqualified because they cannot afford transportation to surrounding areas. STATUS RECOMMENDATIONS /STRATEGIES 1.Develop a better transportation system to serve Orange County with better access to places of employment. Page 12 Ongoing 13 The Human Services Transportation Study Steering Committee submitted a Transportation Development Plan Update to the Board of Commissioners in January 1991. The plan proposed expanding the OCCHS Prospect Hill shuttle to a route offering services to the general public. 2.Provide a location for Durham Technical Community College and /or Alamance Community College in Orange County in order to establish permanent branches for residents. Ongoing The Economic Development Commission submitted a 1991- 1996 Capital Improvements Plan request which included a request for permanent space for Durham Tech administrative staff offices and classrooms. There are ongoing discussions about what kinds of classes will be offered. 3.Educate the community and plan the economic future of Orange County by defining needs and by developing compatible resources. Ongoing The Economic Development Commission has developed and is implementing a public information program. A Speakers Bureau has been initiated, a slide show has been developed, and a Public Issues Forum is planned for spring 1991. 4.Diversify the tax base by inviting environmentally acceptable businesses and industry into Orange County. - Identify those types of businesses that Orange County would like to encourage. Completed The Economic Development commission has identified recruitment targets and appropriate county areas for location. 5.Provide increased cooperative education programs to introduce students to the work world. NEW INITIATIVES Ongoing The Economic Development Commission worked with Orange High on an employer survey to clarify employer needs, and continues to work with the schools to promote awareness of business requirements. Page 13 14 TEENS AND THEIR FAMILIES PROBLEMS /ISSUES /GAPS - General need for family support: - Family stress affects adolescent adjustment. - Middle class families are experiencing unexpected problems that they are not equipped to manage. - Changes in social values and processes have resulted in a "new age" that impacts parent /child relationships. - Family units appear to be breaking down. - Single parent families and families in which both parents work face a variety of obstacles in meeting family needs. -Need for teens to process their issues with other teens: -Teens benefit most from peer interaction, support and counselling. -Need for networking and accessing services: - Community services are not always accessible to families. - Families are not aware of community services. - Resources for children in private schools are often limited. - Portions of the population are often "priced out" of services. - Community concern needs to be focused on resolving adolescent issues in families. - Adolescents and families in need of services often are missed in the delivery of services. -Need for services during evening hours. -Need for resource allocation and development: - Resources are limited; services in many areas are either non - existent or capacity is overwhelmed. STATUS RECOMMENDATIONS /STRATEGIES I.Develop network of support groups: - Family groups - Groups for children from substance abuse families - Parent training /parenting skills groups -More extensive child care support services Page 14 15 ongoing Department of social Services and Juvenile Court Counselors have jointly conducted parenting education meetings for parents of abused and /or neglected children in northern orange County. This effort is now being expanded.to southern orange County and will have a counseling focus. ongoing Department of Social Services and Juvenile court Counselors have initiated an inter- agency /inter- disciplinary planning group which is developing support groups for troubled teens. Two groups are initially planned, one serving central and northern, and one serving southern, orange County youth. 2.Develop training services: -Focus on how single parent families can meet adolescent needs -Focus on how parents can meet family needs when both work 3-Support "moderately" distressed families as well as those with acute needs. 4.Sensitize families to needs of adolescents. Completed The 1989 Bridging the Gap Conference addressed issues including strengthening parent -child communication. 5.Assist families in tapping into resources of extended families or components for lack of extended family. 6.Develop partnership with the business community to respond to employee family needs. 7.Increase option for out -of -home placements while families restructure. ongoing The Department of social Services volunteer Emergency Families for Children program initiated in 1989 recruits and trains community volunteers to provide short -term out - of- home - placements for children in distress. 5 children were placed in 1990; 2 have been placed in the first two months of 1991. There are currently six active families. Page 15 16 8.Develop resources to work with families in serious distress. -Use of volunteers to supplement resources Ongoing United Way has received grant funding to develop a volunteer action center. 9.Develop alternative means to provide other sex role modeling in single parent families. Ongoing Orange County has received a planning grant for the Z. smith Reynolds Foundation Opportunities for Families Fund Program (OFF) grant competition. The county's proposal targets poor adolescent males and their families in order to increase the capability of young males to lead self - supporting lives and be actively involved in the family unit. ongoing volunteers for Youth expanded its program, matching adult volunteers who can provide a constructive role model for troubled teens, to Hillsborough in 1990. Five youths have been matched with adult volunteers through the expanded program. 10.Reestablish neighborhood connections: -Focus community initiative to respond collectively to family needs ongoing A major focus of the Opportunities for Families Fund proposal is family - centered service delivery that will be delivered whenever possible within the community setting. ongoing Planned Parenthood initiated the Minority Involvement Project in January 1990, targeting several Chapel Hill and Carrboro subsidized housing neighborhoods for programs aimed at improving teen self esteem and knowledge of community resources. 4 -H and the Chapel Hill Department of Housing and Community Development have joined Planned Parenthood in co- sponsoring educational programs in these neighborhoods. 11.Incorporate peer groups into pre - existing community resources and services. Page 16 17 ongoing The Health Department has received funding for, and initiated, an AIDS education project using peer helpers to communicate accurate information about AIDS transmission, prevention and high risk behaviors. The Health Department contracted with Planned Parenthood for the first 1 1/2 years of the project, which was carried out in conjunction with the Natural Helpers Project. 11.Develop a "Drop in" Center for teens. 13.Develop an array of appropriate social and recreational resources and activities. ongoing There are a variety of new County Recreation and Parks Department initiatives. ongoing The County 4 -H- initiated Teen Club continues to sponsor monthly teen dances in Hillsborough. ongoing 4 -H has targeted at -risk youth for special camping programs. 14-Support groups for children from substance abusing families. ongoing Orange - Person - Chatham Mental Health Center began offering support groups for children (6 -12) from substance abusing families in February 1989. 15-Provide better dissemination of information about services to community. Completed Orange High School's Action Team developed and distributed a pocket Youth Card to students in grades 6 -12 in orange County Schools in January 1991. The card lists key crisis and support services agencies and their numbers. ongoing The County Management Assistant is developing a resource guide /directory to county youth agencies, programs, and services. ongoing The Chapel Hill Teen Center Clearinghouse is gathering informational resources at the Center. 16.Provide access to services earlier while problems are still manageable. Page 17 18 17.Provide services within ability to pay. ongoing Adolescent health services are available for sliding scale payment or free through Orange - Chatham Comprehensive .Health services or the County Health Department's new adolescent clinic. Planned Parenthood also offers services on a sliding scale basis. 18.Network private schools into broader community -based services. 19.Develop "umbrella" agencies to provide comprehensive children's services. 20.Provide evening and weekend services. ongoing The County Health Department, in collaboration with the UNC Department of Pediatrics and the Adolescents -In -Need Program, has opened an adolescent clinic in Hillsborough one afternoon a week including after - school hours. ongoing Planned Parenthood has expanded its clinic hours to include two evenings a week. It provides special appointment times for teens three times a week. Ongoing The Department of social services continues to provide 24- hour on -call emergency services for abused /neglected children. ongoing Recreational departments offer evening and weekend activities. 21-Ask for Orange County definition of its responsibility in meeting needs of children and their families. Page 18 POVERTY PROBLEMS /ISSUES /GAPS 19 -The fact that Orange County has an unemployment rate of 1.6 percent, and that 15.2 percent of the citizens in Orange County live at or below the poverty level of $11,650 for a family of four, verifies that there are a large number of "working poor ". Approximately 75 percent of those living at or below the poverty level are "working poor ". - During the decade of the 80s poverty has increased dramatically and continues to escalate, after a 50 percent decline in the 70s. -Need to address under - employment. -Need to address job training opportunities. -Need for adequate emergency resources for families in crisis. -Need for affordable day -care and innovative after--school programs for impoverished families. -Need for affordable housing for every Orange County citizen. -Need for adequate nutrition and health care services. -Need adequate support for adolescent parents. -Need for more accessible transportation. -Need to address service delivery problem to youth. -Need for more effective counselling programs and services for youths living in poverty. -Need to address the large number of youths suffering severely because of poverty. - Orange County's drop -out rate is 7.6 percent. -12.9 percent of Orange County's children are living in poverty. -23.1 percent of Orange County's children are receiving Aid for Dependent Children (AFDC). -Need for better networking between schools and the Department of Social Services. Page 19 20 -There is a 10.2 percent difference in the number of children living in poverty and the actual number of AFDC recipients. -Need to address the issue of the negative impact of poverty on youth in the public school system. -Need for more innovative after school programs -Need for better access to food stamps STATUS RECOMMENDATIONS /STRATEGIES 1-Urge orange County commissioners to convene a "Conference on Poverty" to formulate partnerships and develop strategies. Such a conference should include: - Private business and industry - Churches -Local units of government - Educational institutions - Community leaders Completed Orange County Commissioners sponsored a Poverty Forum in November 1989. A Report to the Community highlighting Forum--identified needs and outlining current initiatives was distributed. The Management Assistant will submit a comprehensive report to the Board of Commissioners in early 1991. 2.Develop and implement a sound networking system to identify those students who actually live in poverty and need assistance. ongoing The County has received a grant for a Master Client Index for database management of human services clients, and is working with a consultant on the initial stages of the process, which will be completed in March 1991. Future Families participating in the Welfare Reform Job Opportunities and Skills Program will have a case manager looking at all members of the family. 3-Network and coordinate with school systems and the Department of Social Services. Completed Orange County schools and the County Department of Social Services developed a protocol, signed in January 1990, which permits Social Services to counsel /investigate student /family problems when necessary and appropriate. Page 20 21 ongoing Chapel Hill - Carrboro City schools and the County Department of Social Services are developing a similar protocol to be completed by May 1991. ongoing The OFF grant proposal goals include strengthening collaboration among human services agencies. 4.Need for special training in human behavioral courses for guidance counselors and teachers. 5.Reevaluate the current education system: - Clarify definitions and standards of society and the educational systems. 6-Develop parent /school partnerships to enhance communication. ongoing Orange County Schools initiated a Parent Advisory Council in fall 1990 to strengthen outreach and communication to parents. Completed Chapel Hill- Carrboro City Schools'Seawell Community Learning Environment Project was funded for two years, ending in spring 1990, to foster a home - school- community partnership to improve the learning environment for at -risk students. Activities included home visits, parent volunteer programs, and after - school enrichment programs. 7.Provide special training for teachers to work on the critical element of guidance services, as well as to eliminate built in attitudes regarding poverty. 8.Provide action and awareness sessions on poverty to combat feelings of hopelessness, helplessness and isolation in disadvantaged youth. 9.Provide parity in both school systems, with equal educational opportunities for all school children. ongoing County and school staff are continuing to study viable school funding options. 10.Urge superintendents to provide leadership in addressing the adverse effects of poverty on students in public schools. Page 21 22 11.Analyze trends and plan for the future. Completed The Economic Development Commission submitted its strategic Plan in March 1989. 12.Promote a greater awareness of a continuous trend of poverty that can only erode growth in our society and become more taxing on the educational system. Completed The Board of County Commissioners sponsored a county -wide Forum on Poverty in Orange County in November 1989. Over top participants met to discuss and identify perceived needs for change and improvement in reducing poverty conditions in the County. Page 22 0 • • ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 6, 1991 SUBJECT: RESOLUTION -- ENDORSING WATER SAVING DEVICES DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): MEMO FROM JAY BRYAN RESOLUTION y Ua�y Action Agenda Item # Z'V_ PUBLIC HEARING: Yes _X —No INFORMATION CONTACT: MANAGER'S OFFICE, EXTENSION 2300 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE: To consider a request by Jay Bryan, Member, Carrboro Board of Alderman to adopt a resolution requesting that OWASA continue developing policies and measures to conserve the water supply, and requests support in asking OWASA to examine its policies for reducing water consumption and to consider a number of suggestions to accomplish this end. BACKGROUND: Please refer to- attached letter from Alderman Bryan and a resolution adopted by the Carrboro Board of Alderman. RECOMMENDATION: As the Board decides. S P.O. Box 337 301 West Main Street Carrboro, North Carolina 27510 919 968 -7700 (919) 942 -8541 TO: Orange County Board of Commissioners Chapel Hill Town Council FROM: Jay Bryan, Member, Carrboro Board of Aldermeni SUBJECT: Resolution Endorsing Water Saving Devices and Requesting OWASA to Adopt Certain Water Conservation Policies DATE: April 10, 1991 COPIES: Carrboro Board of Aldermen At my request, the Carrboro Board of Aldermen at its meeting on March 25, 1991, adopted the attached resolution endorsing water saving devices and requesting OWASA to adopt certain water conservation policies. The resolution requests that OWASA continue developing policies and measures to conserve the water supply, and requests your support in asking OWASA to examine its policies for reducing water consumption and to consider a number of suggestions to accomplish this end. The Town of Carrboro would like to request that you consider adopting similar resolutions_ in order that we might conserve our water resources. Thank you for your consideration. Attachment PA • "4 arrboro P.O. Box 337 301 West Main Street Carrboro, North Carolina 27510 J. A (919) 968.7700 (919) 942 -8541 The following resolution was introduced by Aide. ,PPJ seconded by Gurganus, cyan and duly A RESOLUTION ENDORSING WATER SAVING DEVICES AND ASKING FOR APPROVAL BY THE NORTH CAROLINA BUILDING CODE COUNCIL WHEREAS, water conservation saves money for water consumers by reducing, the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, water conservation results in specific savings on sewage treatment costs and on water supply projects and reservoir planning; and WHEREAS, the marketplace has available water - saving .appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon shower e heads, faucets with-aerators and conserving washing machinesandldishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used -to upgrade existing commercial buildings, single - family homes and multi- family housing and significantly reduce water consumption; and WHEREAS, even though local ordinances can be amended to require advanced water saving fixtures in new construction and retrofit devices for u the water use by shower heads, faucets and toilets in older buildings,,iit CodeaCouncil forhinclusioneinstheyN.C. State Building by the N.C. State Building xlding Code; and WHEREAS, the Board of Aldermen wishes to consider making changes to the town's ordinance regarding advanced water saving fixtures for new construction and retrofit devices for upgrading the water used by shower heads, faucets and. toilets in older buildings, and to petition and ask the under the N.C. State Building Code. N.C. State Building Code Council to allow such fixtures and retrofit devices NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO RESOLVES: Section 1. For the above - stated reasons, the Board of Aldermen supports the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace. Page Two Resolution No. 37/90 -91 • Section 2. The Board of Aldermen asks the Orange County Board of Commissioners, the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham. County Board of Commissioners, the Pittsboro Town Council, and the Triangle J Council of Governments to support the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace, and in old and new construction in the State of North Carolina. Section 3. The Board of Aldermen asks the Orange County Board of Commissioners, the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham County Board of Commissioners, the Pittsboro Town Council, the Orange Water and Sewer Authority, and the Triangle J Council of Governments to join with them in petitioning and asking the N.C. State Building Code Council to allow advanced water saving fixtures, such as 1 and 1.5 gallon flush toilets, 2- gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, as well as retrofit, water saving devices, for reducing water consumption to be used in existing and newly constructed buildings and homes, under the N.C. State Building Code. Section 4. This resolution shall become effective upon adoption. The foregoing e fore oin resolution having been submitted to a vote, received to following vote and was duly adopted this 26th day of March, 1991: Ayes: Randy Marshall, Tom Gurganus, Hilliard Caldwell, Eleanor Kinnaird, Frances Shetley, Jacquelyn Gist, Jay Bryan Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of Aldermen at its meeting held on March 26, 1991. (, Town Cler r: fell l� SEAL'. yiN C i� J a 0 .` .� of. 'ttlftltt4ulk� 0 • C arrboro N.C. P.O. Box 337 301 West Main Street Carrboro, North Carolina 27510 (919) 968 -7700 (919) 942 -8541 The following resolution was introduced by Alderman Jay Bryan and duly seconded by Alderman Jacquelyn Gist. A RESOLUTION ENDORSING WATER SAVING DEVICES AND REQUESTING OWASA TO ADOPT CERTAIN WATER CONSERVATION POLICIES Resolution No. 36/90 -91 WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and . WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single -- family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, there exists other water consumption policies and measures that can assist in reducing water consumption in Carrboro and Orange County, including but not limited to educational programs to increase consumer awareness about water consumption, the modification of water bills to show consumption in gallons per day, encouraging retrofitting of fixtures, the keeping of the records of firefighting and training water usage, street cleaning usage and watering of shrubs and plants by city, county and volunteer fire departments, the keeping of records for water usage or loss due to line breakage and new water line flushing, the keeping of records or estimation of construction water usage, the keeping of records for the university and hospital water usages, improvements in metering of water usage, annual proclamation of water week with other utilities and municipalities to heighten awareness of water as a limited resource, the encouragement of water reducing devices, and the development of long -term plan wastewater reuse, a comprehensive water audit to detect water leaks, the development of a least cost approach to an overall water demand management plan for OWASA's customers, and the publication of per - capita consumption figures to make the trends available to the public; and M Page Two Resolution No. 36/90--91 WHEREAS, the Board of Aldermen supports these measures and policies to reduce water consumption in Carrboro and Orange County. NOW, THEREFORE, THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO RESOLVES: Section 1. For the above -- stated reasons, the Board of Aldermen supports the continued development by OWASA of policies and measures as described above. Section 2. The Board of Aldermen asks the OWASA Board to examine its policies and measures for reducing water consumption and determine if the measures and policies outlined above are part of its plan, and if not, determine if such policies and measures, as well as others that may be developed, are appropriate and should be enacted for its service area. Section 3. Copies of this resolution shall be sent to the Orange County Board of Commissioners and the Chapel Hill Town Council. Section 4. This resolution shall become effective upon adoption. The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 26th day of March, 1991: Ayes: Randy Marshall, Tom Gurganus, Hilliard Caldwell, Eleanor Kinnaird,'Frarices Shetley, Jacquelyn Gist, Jay Bryan Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Carrboro Board of 991 Aldermen at its meeting held on March 26, Town Clerk 4 • • 'Fell I ► I I A RESOLUTION ENDORSING WATER SAVING DEVICES AND REQUESTING OWASA TO ADOPT CERTAIN WATER CONSERVATION POLICIES WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, the marketplace has available water - saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, there exists other water consumption policies and measures that can assist in reducing water consumption in Orange County, including but not limited to educational programs to increase consumer awareness about water consumption, the modification of water bills to show consumption in gallons per day, encouraging retrofitting of fixtures, the keeping of the records of firefighting and training water usage, street cleaning usage and watering of shrubs and plants by city, county and volunteer fire departments, the keeping of records for water usage or loss due to line breakage and new water line flushing, the keeping of records or estimation of construction water usage, the keeping of records for the university and hospital water usages, improvements in metering of water usage, annual proclamation of water week with other utilities and municipalities to heighten awareness of water as a limited resource, the encouragement of water reducing devices, and the development of long -term plan wastewater reuse, a comprehensive water audit to detect water leaks, the development of a least cost approach to an overall water demand management plan for OWASA's customers, and the publication of per - capita consumption figures to make the trends available to the public; and WHEREAS, the Orange County Board of Commissioners supports these measures and policies to reduce water consumption in Orange County. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONS RESOLVES: Section 1. For the above- stated reasons, the Board of Commissioners supports the continued development by OWASA of policies and measures as described above. Section 2. The Board of Commissioners asks the OWASA Board of Directors to examine its policies and measures for reducing water consumption and determine if the measures and policies outlined above are part of its plan, and if not, determine if such policies and measures, as well as others that may be developed, are appropriate and should be enacted for its service area. Section 3. Copies of this resolution shall be sent to the Chapel Hill Town Council. Section 4. This resolution shall become effective upon adoption. This resolution, having been introduced by Commissioner Don Willhoit and seconded by Commissioner Stephen Halkiotis, was passed by unanimous vote of Commissioners Moses Carey, Stephen Halkiotis, Alice Gordon, Verla Insko and Don Willhoit on May 6, 1991. r- A RESOLUTION ENDORSING WATER SAVING DEVICES AND ASKING FOR APPROVAL BY THE NORTH CAROLINA BUILDING CODE COUNCIL WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastruc4ure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, water conservation results in specific savings on sewage treatment costs and on water supply projects and reservoir planning; and WHEREAS, the marketplace has available water- saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water- saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, even though local ordinances can be amended to require advanced water saving fixtures in new construction and retrofit devices for upgrading the water use by shower heads, faucets and toilets in older buildings, it appears that such requirements may need approval by the N.C. State Building Code Council for inclusion in the N.C. State Building Code; and WHEREAS, the Orange County Board of Commissioners will adopt changes to the county's ordinance in accordance to the state building codes regarding advanced water saving fixtures for new construction and retrofit devices for upgrading the water used by shower heads, faucets and toilets in older buildings, and will petition and ask the N.C. State Building Code Council to allow such fixtures and retrofit devices under the N.C. State Building Code. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES: Section 1. For the above - stated reasons, the Orange County Board of Commissioners supports the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace. r Section 2. The Orange County Board of Commissioners asks the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham County Board of Commissioners, the Pittsboro Town Council, and the Triangle J Council of Governments to support the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace, and in old and new construction in the State of North Carolina. Section 3. The Board of Commissioners asks the governing bodies of the Cities of Chapel Hill, Durham and Pittsboro, the County Commissioners of Durham County and Chatham County, the Orange Water and Sewer Authority and the Triangle J Council of Governments to join with them in petitioning and asking the N.C. State Building Code Council to allow advanced water - saving fixtures, such as 1 and 1.5 gallon flush toilets, 2- gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amount of water used in showers, kitchen sinks and toilets, as well as retrofit, water saving devices for reducing water consumption to be used in existing and newly constructed buildings and homes, under the N.C. State Building Code. Section 4. This resolution shall become effective upon adoption. This resolution, having been introduced by Commissioner Don Willhoit and seconded by Commissioner Stephen Halkiotis, was passed by unanimous vote of Commissioners Moses Carey, Alice Gordon, Verla Insko, Stephen Halkiotis and Don Willhoit on May 6, 1991. Moses Carey, Jr. Alice M. Gordon Stephen H. Halkiotis Verla I. Insko Don Willhoit ORANGE COUNTY COMMISSIONERS - P.O. Box 8181 HILLSBOROUGH, N.C. 27278 June 5, 1991 Mr. Robert J. Ayers Ms. Mary E. Ayers 8111 Old N.C. 86 Chapel Hill, North Carolina 27516 Dear Mr. Ayers and Ms. Ayers: 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) Thank you for your March 11, 1991 and May 20, 1991 letters requesting a statement concerning the basis of Board decisions on comprehensive plan amendments or similar changes. This letter will confirm that the request by Robert Ayers and Harold Harris to amend the land use..element of the Orange County Comprehensive Plan (CP -1 -91) was denied by =the Board.of County Commissioners on May 6, 1991. It is the practice ;.policy and procedure of the Board of Commissioners that bases for decisions on building permits, subdivision applications., or other "non - legislative" actions can and are provided to applicants. However, the bases for decisions of a legislative `nature.(i.e.,.comprehensive plan amendments, zoning atlas or zoning ordinance text changes) are based on broad goals and policies: Accordingly, it is not possible for the Board to qualify legislative decisions. The Orange County Comprehensive Plan is perhaps unique in North Carolina in the strength of its linkage with implementing ordinances such as the.Zoning Ordinance or Subdivision Regulations. This linkage affords the county the opportunity to ensure that the goals and policies contained within the plan are directly reflected in the supporting ordinances. It also gives the Comprehensive Plan a critical legislative role in defining and ensuring public policy. As such, decisions to amend the Comprehensive Plan must take into consideration not only locational criteria of individual applications, but also the broader concepts and goals relating to the health, safety and general welfare of all county citizens. With a copy of this letter to Marvin Collins, I have enclosed a copy of Mr. Harris' May 20, 1991 letter to the Orange County Board of Commissioners so that he might follow up on keeping you informed of upcoming meetings and activities related to the study of the I -40 /Old N.C. 86 interchange. YOU COUNT IN ORANGE COUNTY ! (D Mr. Robert J. Ayers Ms. Mary E. Ayers Page 2 June 5, 1991 Please feel free to contact the County Attorney or Planning Director if additional clarification is needed. Sincerely, W,9 / Moses Carey, Jr. Chairman Orange County Board of Commissioners MCjr /lsg xc: Marvin Collins, Planning Director Geoffrey E. Gledhill, County Attorney John M. Link, Jr., County Manager ' f NOTES: STATE OF NORTH CAROLINA AGREEMENT BETWEEN THE UNIVERSITY OF NORTH CAROLINA HOSPITALS AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made and entered into the 1st day of July, 1989, by and between the University of North Carolina Hospitals, hereinafter referred to as "THE HOSPITAL" and Orange county, North Carolina, hereinafter referred to as "THE COUNTY ". WHEREAS, THE HOSPITAL has the need for non - emergency, medically necessary transportation (hereinafter referred to as "transportation services ") for its patients; and WHEREAS, THE COUNTY is licensed by the State of North Carolina to provide, can provide and is willing to provide transportation services; NOW, THEREFORE, in consideration of the following mutual promises, covenants and conditions, THE HOSPITAL and THE COUNTY agree as follows: 1 E. S HOSPITAL RESPONSIBILITIES 1. To notify Orange Central Communications of the need for transportation services and any case - specific requirements associated with those services. 2. As supplier to its patients of the transportation services, to make all claims and be responsible for all correspondence, and communication related to insurance reimbursement and Medicare and Medicaid reimbursement under the Medicare program. 3. To pay THE COUNTY for the transportation services provided to it at the rate of $50.00 plus $2.00 per loaded mile for each transportation service requested. THE HOSPITAL agrees to pay THE COUNTY invoices for transportation services within 15 days of the receipt of invoice. THE HOSPITAL shall remit its payment for transportation services invoices to: The Orange County Department of Revenue Post Office Box 8181 Hillsborough, North Carolina 27278 Attention: John Horner COUNTY RESPONSIBILITIES 1. To respond to requests for transportation services requested by THE HOSPITAL according to a protocol to be contained in a letter or exchange of letters between THE HOSPITAL and Orange County Emergency Services. 2 2. To remain licensed by the State of North Carolina, Office of Emergency Medical Services, Division of Facility Services, Department of Human Resources and any other licensing agency as a provider of transportation services. 3. To monthly invoice THE HOSPITAL for transportation services provided invoices shall be directed to: Mr. W. W. Hill Department of Social Work UNC Hospitals 101 Manning Drive Chapel Hill, NC 27514 0 0 Do 0 �IKS)awtei :;F:**jQ5R" This Agreement shall cover the period from the 1st day of July, 1989 to and including the 30th day of June, 1991. TERMINATION OF AGREEMENT This Agreement or its renewals may be terminated at any time without penalty by either party, provided that written notice of such termination is furnished to the other party at least ninety (90) days prior to termination. The parties agree and understand that the Director of Orange County Emergency Services may temporarily suspend the services under this Agreement in the event of a disaster within the County requiring substantially all of the medical transportation resources available to Orange County. 3 ENTIRE AGREEMENT In compliance with 42 U.S.C. 1395x(v)(1)(I) and implementing regulations, THE COUNTY agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of THE COUNTY necessary to verify the nature and extent of the costs of this contract. THE COUNTY further agrees that if any of the duties of this contract are carried out by a subcontractor of THE COUNTY such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract. This Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of this Agreement. 4 • h IN TESTIMONY WHEREOF, THE HOSPITAL has caused this instrument to be signed in its name by its duly authorized officer and THE COUNTY has caused this instrument to be signed in its name by its duly authorized officers and its seal to be affixed by authority of its Board of Commissio ers the day and year recited above. FOR AND O BE . THE UNIV IT NORT: By: Eric B. Munson Executive Director FOR AND ON BEHALF OF: ORANGE COUNTY, NORTH NA HOSPITALS By: — f V vv---tPf-- -•r. Moses Carey, Jr. Chairman, Orange County �//V/dof Commissioners ATTEST: By: [SEAL] Beverly Kytheol Clerk, Orange County Board of Commissioners 67 THIS INDENTURE OF LEASE, made on the 44, day of May, 1991, by and between ELLIOTT CENTER INVESTORS, a North Carolina General Partnership, 400 S. Elliott Road, Chapel Hill, N.C., having its principal place of business in Orange County, North Carolina, hereinafter referred to as "Landlord" and sometimes referred to as "Owner" which terms shall include its successors and assigns wherever the context so requires or admits, and ORANGE COUNTY hereinafter referred to as "Tenant" and sometimes referred to as "County" which terms shall include its successors or assigns wherever the context so requires or admits. WITNESSETH: U-11 MIiIMM1 GRANT AND TERM 1.1 PREMISES LEASED That for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration each to the other in hand paid, and in consideration of the payment from time to time of the rents hereinafter stipulated and for and in consideration of the performance by the Tenant of the covenants hereinafter contained by the Tenant to be kept and performed, the Landlord has leased, let and demised and by these presents does lease, let and demise unto the Tenant, and the Tenant accepts from the Landlord, those certain premises, now or hereafter to be erected in the City of Chapel Hill, County of Orange and State of North Carolina, which premises consist of two contiguous spaces; one containing 6102 square feet of main level and, 1485 square feet of mezzanine floor area (collectively referred to as "Area 1"); and the other containing 2938 square feet of main level and 715 square feet of mezzanine floor area (collectively referred to as "Area 2 "), herein called the "leased premises" or "demised premises ", as shown on sketch of premises attached hereto as Exhibit A; subject however to Section 18.5, contained in this lease, regarding Reversion of Area 2. 1.2 USE OF COMMON AREAS The use and occupation by the Tenant of the leased premises shall include the use in common with others entitled thereto of the common areas, service roads, loading facilities, sidewalks and customer car parking areas shown and depicted on Exhibit B and other facilities as may be designated from time to time by the Landlord, subject, however, to the terms and conditions of this agreement and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Owner. /� �1 1.3 GENERAL LAYOUT The Demised Premises are shown and outlined in red on Exhibit A attached hereto and are part of the entire project as described on Exhibit B attached hereto. Said Exhibits set forth a general layout and shall not be deemed to be a warranty or agreement on the part of Landlord that said project will remain exactly as indicated on said diagram. Landlord may increase, reduce, or change the number or location of the walks, building and parking areas as the Landlord shall deem proper, and reserves the right to make alterations or additions to, the building in which the Demised Premises are contained and to add buildings adjoining the same or elsewhere in the project. Use and occupancy by Tenant of the Demised Premises shall include the use in common with others of the common areas and facilities. Nothing herein contained shall be construed as a grant or rental by Landlord to Tenant of the roof and exterior of the building or buildings of which the Demised Premises form a part, or of the walks and other common areas beyond the Demised Premises, or of the land upon which the Demised Premises are located. Landlord shall not relocate Tenant to a different location without Tenant's consent. 1.4 COMMENCEMENT OF TERM The term of this lease, and Tenant's obligation to pay rent, shall commence on the earlier of the following dates provided that Landlord has first notified Tenant that the premises are ready for occupancy: (1) the date on which Tenant shall open the leased premises for business to the public, or (b) July 1, 1991, whichever shall first occur. In the event that the term commences on a day other than the first day of the month, then the term hereunder shall be deemed to commence on the first day of the month next succeeding such date; provided, however, that the Tenant shall pay rent for the fractional month on a per diem basis (calculated on the basis of a thirty day month) until the first day of the month when the term hereunder commences and thereafter the minimum rent shall be paid in equal monthly installments on the first day of each and every month in advance. 1.5 LENGTH OF TERM The term of this lease shall be for five (5) years and 0 months following the commencement of the term as provided in the preceding paragraph. Tenant shall have an option to renew this lease for one (1) additional period of five (5) years each under the same terms and conditions thereof, except that the minimum rent during the option period shall be as specified in Section 2.l(a). Option to renew must be exercised by Tenant on or before six (6) months prior to the expiration of the then existing term. 1.6 EXCUSE OF LANDLORD'S PERFORMANCE Anything in this agreement to the contrary notwithstanding, providing such cause is not due to the willful act or neglect of the Landlord, the Landlord shall not be deemed in default with respect to the performance of any of the terms, covenants and conditions of this lease if K r�. .aer same shall be due to any strike, lockout, civil commotion, war -like operation, invasion, rebellion, hostilities, military, or usurped power, sabotage, governmental regulations or controls, through Act of God or other cause beyond the control of the Landlord. ARTICLE II RENT 2.1 BASIC RENT The Tenant hereby agrees to pay the Landlord without demand at its office, or at such other place or places as Landlord may from time to time designate in writing, the following rents for the aforesaid leased premises, for the term of this lease, to wit: (a) Rent: The annual rent during the term of this lease shall be as shown below. Rent shall be payable by Tenant in equal monthly installments as shown below on or before the first day of each month in advance, and without any deduction or set -off whatsoever. Lease year 1 through 3: Area 1 = $48,816 /annum ($4,068 /month) Area 2 = $23,508 /annum ($1,959 /month) Lease year 4 Area 1 = $56,448/annum ($4,704 /month) Area 2 - = $27,180 /annum ($2,265 /month) Lease year 5 Area 1 = $59,496 /annum ($4,958 /month) Area 2 = $28,644 /annum ($2,387 /month) Rent for the first lease year of the renewal term shall be $92,664 /annum payable by Tenant in equal monthly installments of $7,722 on or before the first day of each month in advance, and without any deduction or set -off whatsoever. Upon renewal of this lease for an additional five year period, a new rent schedule shall be published by Landlord which reflects a 5 % per year increase from the basic rent amount for lease year 5. 2.2 LEASE YEAR The term "lease year" as used herein shall mean the twelve -month period beginning with the commencement of the term of this lease as hereinabove determined and each successive twelve month period thereafter during the term of this lease. 3 Aw ,c 2.3 AD VALAQRE TAXES Landlord shall pay Tenant's proportional share of the ad valorem taxes assessed against the project, with such share being determined in the ratio that the square footage of Tenant's leased premises bears to the total square footage available for lease in the project. Tenant shall pay as same shall become due any and all ad valorem taxes assessed against Tenant's personal property located on the premises. 2.4 INMIAL IMPROVEMENTS The parties agree that the respective obligations to construct the Demised Premises shall proceed and be completed in accordance with Exhibit C. Tenant agrees, upon receiving possession of the Demised Premises from Landlord in the manner provided for the delivery of possession in Exhibit C, that it will with due diligence proceed to undertake such construction work as is required of it, install such fixtures and equipment and to perform such other work as shall be necessary or appropriate in order to prepare the Demised Premises for the opening of business. 2.5 RENT ADVANCE Tenant, contemporaneously with the execution of this lease, has deposited with Landlord the sum of Six Thousand Twenty -Seven and 00 /100 Dollars ($6,027.00) which represents an advance payment of the first month's rent, due July 1, 1991. ARTICLE III SECURITY DEPOSIT 3.1 TERMS OF DEPOSIT Deleted entirely. 3.2 TRANSFER OF DEPOSIT Deleted entirely. 4 ARTICLE IV USE OF PREMISES 4.1 TENANT'S USE Tenant shall use the leased premises solely for the purposes of conducting business as a senior citizen's activity and meeting center and /or other functions approved by Landlord. Tenant shall occupy the leased premises for no other purpose and such use and occupancy shall be in compliance with all applicable laws, ordinances and governmental regulations. The Tenant agrees to conduct continuously in the leased premises the business stated above. 4.2 FIXTURES Tenant shall not alter the Demised Premises, or any part thereof, and shall not install or fix any sign, fixture or attachment on or visible from the exterior of the Demised Premises, or on any other building located in or on the common areas of the project, without first obtaining Landlord's written consent and complying in all respects with all requirements contained in this lease. 4.3 QUALITY OF TENANT'S WORK All construction, renovation, additions, alterations, or installations of fixtures or equipment shall be done in a good and workmanlike manner of such high quality as to equal or exceed the quality of construction performed by Landlord throughout the project. ARTICLE V PARKING AND COMMON USE AREAS AND FACILITIES 5.1 USE IN COMMON Landlord grants to Tenant, in common with other tenants and their agents, employees and customers and persons doing work for or business with tenants in the project the right to use the "common areas" consisting of the parking areas, roadways, pathways, sidewalks, tunnels, entrances and exits and other areas and facilities designated by Landlord for common use in the project and /or in the building containing the demised premises. 5.2 CONTROL AND MANAGEMENT OF COMMON AREAS The common area shall be subject to the exclusive control and management of Landlord and Landlord shall have the right to establish, modify, change and enforce reasonable rules and regulations with respect to the common areas and Tenant agrees to abide by and conform with 9 u-. such rules and regulations. The right of customers to use the parking facilities shall apply only while they are shopping or on business in the project. Tenant agrees that it and its officers and employees will park their automobiles only in such areas as Landlord from time to time designates for employees parking areas which areas may be within or without the project. Tenant shall not park any trucks or delivery vehicles in the parking areas, nor permit delivery of merchandise at any place other than that designated by Landlord. Landlord shall have the right to enforce parking charges, by meter or otherwise, and to close any part of the common areas for such time as may, in the opinion of Landlord's counsel, be necessary to prevent a dedication thereof, or the accrual of any rights in any person, and to close any part of the parking area for such time as Landlord deems necessary in order to discourage non - customer parking and to do other things in the parking areas as may be reasonably necessary for the benefit of the project; such control not to interfere with the activities of the Senior Citizens' Center. 5.3 COM MON AREA CHARG For each lease year during the term hereof, Landlord will pay Tenant's proportionate share of all common area maintenance charges and expenses. Tenant's share shall be the total amount of such charges multiplied by the ratio that the square footage of Tenant's premises bears to the total square footage available for lease in the project. ARTICLE VI 6.1 SEPARATE UTILITIES Tenant shall be solely responsible for and promptly pay all charges for heat, water, sewer, gas, electricity or any other utility used or consumed in the leased premises. Should owner elect to supply the water, gas, heat, electricity or any other utility used or consumed in the leased premises Tenant agrees to purchase and pay for the same as additional rent an amount equal to the proportion of the utilities charges in the ratio that the square footage of Tenant's premises bears to the total square footage available for lease in the project. In no event shall Owner be liable for an interruption or failure in the supply of such utilities to the leased premises. 6.2 IN TALLATION AND MAINTENANCE Landlord agrees to provide and install a heating and air conditioning plant to provide adequate heating and air conditioning to the demised premises (but not including interior duct work). Any additional heating or air conditioning units which Tenant may deem necessary shall be purchased and installed by Tenant and such units shall be of the same make and compatible design as Landlord's units and approved by Landlord. Tenant agrees to enter into, keep current and in effect, and pay all costs of a regular maintenance contract with a service contractor or 6 w representative designated or approved by Landlord to service said heating and air conditioning plant and any additional units. Tenant agrees to provide routine maintenance and repairs to the heating and air conditioning system through its Public Works Department. Costs to Tenant for such shall not exceed $5,000.00 per year. Tenant will provide to Landlord an annual schedule of maintenance. 6.3 CONTROLS The heating and air conditioning shall be thermostatically controlled in each leased area; and each tenant shall operate the same in a manner as will comply with governmental regulations. If in the event Landlord shall supply heating and air conditioning, as specified in section 6. 1, then Tenant shall operate the same under the reasonable direction of the Landlord and otherwise so that the temperature within the Demised Premises will be reasonably the same as in other leased areas. ARTICLE VII WASTE, GOVERNMENTAL REGULATIONS 7.1 WASTE Tenant shall not commit or suffer to be committed any waste upon the leased premises or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant in the building in which the leased premises may be located, or which may disturb the quiet enjoyment of any person within five hundred feet thereof. 7.2 GOVERNMENT REGULATIONS Tenant shall, at Tenant's sole cost and expense, comply with all of the requirements of all county, municipal, state, federal and other applicable governmental authorities, now in force, or which may hereafter be in force, pertaining to the said premises, and shall faithfully observe in the use of the premises all municipal and county ordinances and state and federal statutes now in force or which may hereafter be in force. I�:LI M���iI I11 INDEMNIFICATION OF OWNER AND LIABILITY INSURANCE 8.1 INDEMNIFICATION Except as to any claim caused by the negligence of Landlord, Tenant shall indemnify Landlord, to the extent permitted by law and to the extent of insurance coverage carried by the rl h' i` Tenant, and save it harmless from demands, suits, damages, liability and expense in connection with loss of life, personal injury or property damage arising from or out of any occurrence in, upon, at or from the Demised Premises or any improvements thereon or the occupancy or use by Tenant of said premises or any part thereof, including the common areas, or occasioned wholly or in part by any act or omission by Tenant, its agents, contractors, employees, invitees or licensees. 8.2 TENANT'S PROPERTY Tenant shall store its property in and shall occupy the Demised Premises and all other portions of the project at its own risk, and except as to any claim based on the negligence of the Landlord, releases Landlord to the full extent permitted by law from all claims of every kind resulting in loss of life, personal or bodily injury or property damage. Except as to any claim caused by the negligence of Landlord, Landlord shall not be responsible or liable at any time for any loss or damage to Tenant's merchandise, equipment, fixtures or other personal property of Tenant or to Tenant's business; and Landlord shall not be responsible or liable to Tenant or to those claiming by, through or under Tenant for any loss or damage to either the person or property of Tenant that may be occasioned by or through the acts or omissions of persons occupying the adjacent, connecting or adjoining premises. 8.3 DEFECTS IN PREMISES Except as to any claim based on the negligence of the Landlord, Landlord shall not be responsible or liable for any defect, latent or otherwise, in any building or any of the equipment, machinery, utilities, appliances or apparatus therein, nor, except as to any claim based on the negligence of the Landlord, shall it be responsible or liable for any injury, loss or damage to any person or to any property of Tenant or other person caused by or resulting from bursting, breakage or from leakage, steam, snow or ice, running, backing up, seepage, or the overflow of water or sewage in any part of said premises or for any injury or damage caused by or resulting from Acts of God or the elements, or from the acts of any other occupant of the premises. 8.4 NOTICE OF eA&WAL4Y 1'(WCkT'I -!>hM-A-CoF- Tenant shall give prompt notice to Landlord in case of fire or accidents in the Demised Premises or in the building of which the Demised Premises are a part or of defects therein or in any fixtures of equipment. 8.5 TENANT'S INSURANCE Tenant shall at all times during the term of this lease pay all premiums for and maintain in full force and effect the following insurance in standard form generally in use in the State of North Carolina with insurance companies authorized to do business in said State: 8 A. Comprehensive public liability insurance in the amount of at least $1,000,000.00 for any occurrence resulting in bodily and personal injury to or the death of one person and consequential damages arising therefrom, and in the amount of at least $1,000,000.00 for any such occurrence for more than one person; B. Comprehensive property damage insurance covering liability for damage to all property in the amount of at least $100,000.00 for each occurrence either without the policy containing the "care, custody and control" exclusion, or, in the alternative, providing fire and extended coverage legal liability insurance; and C. Tenant further agrees that the contractor performing work for Tenant shall furnish Tenant with certificates showing evidence of comprehensive public liability insurance in the same amounts as set out in subsections (A) and (B). Such insurance to include "completed operations coverage." Further, if any work involving excavation of underground operations should be required, the XC &U exclusions must be omitted. 8.6 LANDLORD NAMED AS INSURED Such insurance and certificates shall name Landlord as an additional insured for the full amount of the insurance herein required. Tenant, at the beginning of the term of this lease and thereafter not less than thirty (30) days prior to the expiration of any such policy, shall furnish Landlord with a standard certificate of insurance executed by the insurer involved also containing an undertaking by the insurer to give Landlord ten (10) days prior written notice of any cancellation, non - renewal or change in scope or amount of coverage of such policy. Tenant shall, at all times, maintain worker's compensation insurance as may be required to comply with the applicable laws of the State of North Carolina. 8.7 LANDLORD'S INSURANCE At all times during the term of this lease, Landlord shall maintain in effect policies of insurance covering the building and improvements of which the Demised Premises constitute a part, providing protection to the extent of not less than eighty (80%) percent of the insurable value of said building against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage, Vandalism and Malicious Mischief." Nothing in this Section shall prevent the taking out of policies of blanket insurance which may cover real and personal property and improvements in addition to the building of which the Demised Premises constitute a part. 8.8 TENANT'S ADDITIONAL INSURANCE At all times during the term of this lease, Tenant shall pay all premiums for and maintain in effect, with a responsible insurance company or companies authorized to do business in North Carolina, policies of insurance for the benefit of Landlord and Tenant, as their interests may appear as follows: 0 L N A. Insurance covering Tenant's trade fixtures, furniture, furnishings, equipment, betterments and improvements and other installations of Tenant, providing protection to the extent of not less than eighty (80%) percent of the insurable value of the same against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage, Vandalism and Malicious Mischief' and covering sprinkler leakage; B. Plate glass insurance covering the plate glass in the Demised Premises; and C. Insurance covering one hundred (100 %) percent of Tenant's work as described in Exhibit C against all casualties included under standard insurance industry practices within the classification "Fire and Extended Coverage," and "Builders Risk Coverage," which insurance shall be maintained until Tenant has opened for business. In no event shall Tenant cancel the insurance provided for hereunder until notice to Landlord and Landlord has included such Tenant's work under Landlord's insurance. 8.9 WAIVER OF SUBROGATION Landlord and Tenant hereby grant to each other and on behalf of its insurers, a waiver of any right of subrogation any such insurer of one party may have or acquire against the other by virtue of payment of any loss under such insurance. Such waiver shall be effective so long as each is empowered to grant such waiver under the terms of its insurance policy or policies involved without payment of additional premium. Such waivers shall stand mutually terminated as of the date either landlord or Tenant ceases to be so empowered. Landlord and Tenant agree to provide each and every insurance company providing a policy or policies as may be required herein with a copy of this lease or notice of this provision for waiver of subrogation. ARTICLE IX MAINTENANCE AND IMPROVEMENTS 9.1 LANDLORD'S MAINTENANCE Landlord will keep the work done by Landlord and the roof and exterior walls of the Demised Premises in proper repair, provided that in each case when known Tenant shall have given Landlord prior written notice of the necessity of such repairs; and provided further, that if any such repair is required by reason of the negligence of Tenant or any of its agents, employees or customers, or other persons using the Demised Premises with Tenant's consent, express or implied, or Tenant's failure to perform any of its obligations under this Section, Landlord may at his option make such repair provided Tenant has been given 30 days written notice and add the cost thereof to the first installment of Minimum Rent which shall thereafter become due. 10 9.2 TENANT'S MAINTENANCE Tenant covenants and agrees to keep and maintain in good order, condition and repair the Demised Premises and every part thereof, including fixtures and equipment therein, except as to those obligations expressly assumed by Landlord, including but without limitation, the exterior and interior portions of all doors, windows, glass, plumbing and sewage facilities within the Demised Premises, including free flow up to the common sewer line, fixtures, electrical equipment, and interior walls, floors and ceilings, including compliance with applicable building codes relative to fire extinguishers, accomplishing any and all repairs, alterations, replacements and modifications at its own expense and using materials and labor of kind and quality equal to the original work. Tenant will surrender the Demised Premises at the expiration of earlier termination of this lease in as good condition as when received, excepting only deterioration caused by ordinary wear and tear, and damage by fire or other casualty or Act of God. 9.3 PROMPT REPAIRS If any repairs required to be made by Tenant hereunder are not made or commenced or Tenant is not proceeding with due diligence to commence and complete such repairs within thirty (30) days after written notice delivered to Tenant by Landlord, Landlord may at its option make such repairs and Tenant shall pay to Landlord upon demand as additional rental hereunder the cost of such repairs plus interest at the rate of 15 q per annum from the date of payment by Landlord until repaid by Tenant. 9.4 TENANT ALTERATIONS Tenant shall not make any alterations, additions, or improvements to the Demised Premises without the prior written consent of Landlord, except for the work described in Exhibit C and the installation of unattached movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. All fixtures installed by Tenant shall be new or approved by Landlord. 9.5 TENANT'S CONSTRUCTIONS All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and with all the terms of this lease and at such times and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the project. If required by Landlord, Tenant shall, at Tenant's sole cost, and expense, erect and install a temporary enclosure approved by Landlord to enclose the Tenant's space during construction therein. All costs of such work shall be paid promptly so as to prevent the assertion of any liens for labor or materials. Tenant agrees to indemnify and hold Landlord harmless against any loss, liability or damage resulting from such work or liens filed. 11 9.6 PLANS FURNISHED Whenever Tenant proposes to do any construction work within the Demised Premises, it shall first furnish to Landlord plans and specifications in such detail as Landlord may request covering all such work. 9.7 LANDLORD'S PROPERTY All additions, alterations and improvements (including but not limited to burglar alarms systems and additional heating and air conditioning units installed by Tenant) shall become the property of Landlord and be surrendered with the premises at the termination of this lease. Tenant shall have the right to remove or replace its movable trade fixtures, provided Tenant repairs any damage caused by such removal. ARTICLE X ACCESS BY LANDLORD 10.1 RIGHT TO ENTER Landlord or Landlord's agents shall have the right to enter the leased premises at reasonable times and upon reasonable notice to examine the same, and to show them to prospective purchasers or lessees of the building, and to make such repairs, alterations, improvements or additions as Landlord may deem reasonably necessary or desirable. If Tenant shall not be present to open and permit an entry into said premises, at anytime, when for any reason as entry therein shall be necessary or permissible, Landlord or Landlord's agent may enter the same by master key, or may forcibly enter the same, without rendering Landlord or such agents liable therefore, and without in any manner affecting the obligations and covenants of this lease. I:1114V[a) 0*ii DESTRUCTION OF LEASED PREMISES If the leased premises shall be damaged by fire, the elements, unavoidable accident or other casualty, but are not thereby rendered untenantable in whole or in part, Landlord shall promptly at its own expense cause such damage to be repaired, and the rent shall not be abated; if by reason of such occurrence, the premises shall be rendered untenantable only part, Landlord shall promptly at its own expense cause such damage to be repaired, and the minimum rent meanwhile shall be abated proportionately as to the portion of the premises rendered untenantable; if by reason of such occurrence the premises shall be rendered wholly untenantable, Landlord shall promptly at its own expense cause such damage to be repaired, and 12 the minimum annual rent meanwhile shall be abated in whole, except that if at the time of such total destruction there shall be twenty-four months or less remaining of the term of this lease within sixty (60) days after said occurrence either Tenant or Landlord at his option may give written notice that it has elected to terminate this lease, in which event the lease and the tenancy hereby created shall cease as of the date of said occurrence, and the minimum rental and the percentage rental shall be adjusted as of such date. Unless the parties shall otherwise agree in writing, Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant's interest in its lease and Tenant shall have no interest in the proceeds of any insurance carried by Landlord. ARTICLE XII EMINENT DOMAIN If the whole or any substantial part of the Shopping Center shall be taken by eminent domain or in any manner for public use, the Landlord may at its option terminate this lease and the estate hereby granted by giving written notice of such termination to Tenant and upon the giving of such written notice by Landlord the estate hereby granted and all rights of Tenant hereunder shall expire as of the earlier of the date when title to or the right to possession of the Shopping Center or a substantial part thereof shall vest in or be taken by public authority as aforesaid and any rent paid for any period beyond said date shall be repaid to Tenant. Tenant shall not be entitled to any part of any award or payment which may be paid to Landlord or made for Landlord's benefit in connection with such public use and Tenant shall have no claim or rights as against Landlord for the value of any unexpired term of this lease. However, the widening of any street abutting the Shopping Center shall not affect this lease, provided that no part of any building is so taken. 0 t,7 0 0100:4111 ASSIGNMENT AND SUBLETTING Tenant shall not assign of sublet any part of the Demised Premises without the prior written consent of the Landlord, which may be reasonably withheld. The consent of Landlord to any assignment or subletting or other act of Landlord, however, shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting; in all events, the Tenant shall remain fully liable and shall not be released from performing any of the terms of this lease. ARTICLE XIV 13 QUIET ENJOYMENT Landlord covenants that, subject to compliance with all terms and obligations herein imposed upon the Tenant, the Tenant shall hold and enjoy the Demised Premises during the term of this lease free from the adverse claims of any and all persons. HOLDING OVER If the Tenant remains in possession after the expiration of the term or any extension hereof (without the execution of a new lease) the Tenant shall not thereby acquire any right, title or interest in or to the leased premises, and shall be a tenant by sufferance during such holding over on a month- to-month basis. But in such event, the Tenant shall be subject to all the conditions, provisions and obligations of this lease insofar as the same shall then be applicable. F.101 1610:0.X19I SUBORDINATION This lease and all leasehold rights hereunder shall be, become and remain subordinate to the lien of any bona fide mortgage or deed of trust now or hereafter imposed upon all or any part of the Demised Premises; and the Tenant shall execute and deliver to Landlord or lender upon request any instrument or instruments reasonably requested by the Landlord consenting to the full subordination of this lease to any such mortgage or deed of trust upon the condition that Tenant's rights hereunder shall not be disturbed by any foreclosure or otherwise so long as Tenant is not in default hereunder. Tenant shall upon request of Landlord promptly furnish documents stating that this lease is in full force and effect, that no defaults of Landlord exist, and such other matters as are customarily contained in what is known as an "estoppel letter". ARTICLE XVII DEFAULT 17.1 EVENTS OF DEFAULT If Tenant (a) fails to pay any rental or other payment hereunder as it comes due; or (b) if it fails to perform any other of the terms of this lease to be observed or performed by Tenant; or (c) if Tenant Shall become bankrupt or insolvent or there is an appointment of a receiver or trustee of all or a portion of Tenant's property, or if Tenant makes an assignment for the benefit of creditors, or petitions for or enters into such an agreement; or (d) if this lease shall pass to 14 or devolve upon (by law or otherwise) one other than Tenant except as herein provided - -then, in any one or more of such events, upon Landlord serving a written Notice upon Tenant specifying the nature of such default and the period allowed to cure the default, if Tenant shall have failed to comply with or remedy such default within such period, then this lease and other term thereunder shall (at the option of Landlord) terminate and come to an end on the date specified in such Notice (but such termination shall not serve to release or discharge the damages Tenant owes to Landlord). Tenant shall thereupon quit and surrender the Demised Premises to the Landlord as if the term hereunder ended by the expiration of the time originally fixed herein, but Tenant shall remain liable as hereinafter provided. 17.2 NOTICE The written Notice required of Landlord under the preceding section shall provide for ten (10) days of grace to cure a monetary default, or thirty (30) days to cure a non - monetary default which can reasonably be cured in thirty (30) days; and for any non - monetary default not curable in thirty (30) days, that Tenant shall commence to cure same within thirty (30) days and thereafter proceed diligently and in good faith to complete the curing of said default as soon as possible. 17.3 RIGHT OF RE -ENTRY If the Notice provided shall have been given and the term shall expire as aforesaid, or should Landlord elect not to terminate this lease, Landlord shall have the immediate right to re- entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without further service of Notice or resort to legal process (all of which Tenant expressly waives) and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Landlord shall have a lien for the payment of all sums agreed to be paid by Tenant herein upon all Tenant's property, which is to be in addition to any Landlord's lien now or that may thereafter be provided by law. 17.4 REMEDIES Should Landlord elect to re -enter or should it take possession pursuant to legal proceedings or pursuant to any Notice provided for by law, it may make such alterations and repairs as may be necessary in order to relet the premises, and relet said premises or any part thereof for such term or terms (which may be for a term extending beyond the term of this lease) and at such rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable. Upon each such reletting, all rentals received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than rent due hereunder from Tenant to Landlord; second, to the payment of any cost and expenses of such reletting, including brokerage fees and attorney's fees, and of cost of such alterations and repairs; third, to the payment of rent, due and unpaid hereunder, and the residue, if any, to future rent as the same would have become due and payable hereunder. Landlord may 15 accelerate the rent due or to become due hereunder, and shall not be required to delay suit on or recovery of same. Landlord may recover from Tenant all damages it may incur by reason of Tenant's default, including the cost of recovering the leased premises, and Landlord's reasonable attorney's fees, all of which shall be immediately due and payable from Tenant to Landlord. For the purposes of this Article, percentage rent for any period after default and re- entry by Landlord shall be computed on the basis of the amount thereof accruing during the next preceding lease year or during the next preceding twelve (12) months, whichever is the greater, except that if such event shall occur during the first lease year, then on the basis of the amount of percentage rent accruing for the then elapsed portion of the term of this lease. 17.5 INJUNCTION In the event of a breach or threatened breach by Tenant of any provision of this lease, Landlord shall have the right of injunction as if other remedies were not provided for therein. 17.6 NON-EXCLUSIVE REMEDIES The rights and remedies given to Landlord in this lease are distinct, separate and cumulative remedies, and the exercise of any of them shall not be deemed to exclude Landlord's right to exercise any or all of the others or those which may be permitted by law. 17.7 BREACH BY LANDLORD Landlord shall in no event be in default in the performance of any of its obligations contained in this lease unless and until Landlord shall have failed to perform such obligation within thirty (30) days or failed to commence to perform such obligation within thirty (30) days after written notice by Tenant to Landlord specifying wherein Landlord has failed to perform any such obligation. Landlord shall pay all costs, expenses and reasonable attorney fees that may be incurred or paid by Tenant in enforcing the terms of this lease. 18.1 NOTICE ARTICLE XVIII MISCELLANEOUS PROVISIONS All notice by either party to the other provided for in this lease shall be in writing and shall be sent by telegram, registered or certified mail, or personally delivered, until otherwise designated, as follows: To Landlord: Elliott Center Investors 400 S. Elliott Road Chapel Hill, NC 27514 16 1' r, With a copy to: John A. Northen Attorney at Law Post Office Box 207 Chapel Hill, NC 27514 To Tenant: County of Orange P.O. Box 8181 Hillsborough, NC 27278 (Attention: Pam Jones) 18.2 REC RDATION Upon the request of either party, the other party will in good faith cooperate in the preparation and execution of a recordable short form lease substantially in the form of Exhibit D. Tenant shall in no event record this lease, whether in full or in part. 18.3 BROKERS Tenant represents and warrants that there are no claims for brokerage commission or finder's fees in connection with the execution of this lease and agrees to indemnify Landlord against and hold it harmless from all liabilities arising from any such claim, including cost of Landlord's reasonable attorney's fees. 18.4 SUCCESSORS AND ASSIGNS The covenants and agreements herein contained are binding on the parties hereto, their successors, assigns, and legal representatives. This lease embodies all of the understandings and agreements of the parties, and the terms hereof shall not be changed or varied except by written instrument signed by both parties. MW MM The parties to this Lease agree and understand that the continuation of this lease agreement for Area 2, pursuant to the term period set forth herein, or any extension or renewal thereof, is dependent upon and subject to the availability of funds from sources other than Orange County, in lease years beginning July 1, 1992. If funding is not available from sources other than Orange County and the County has not sublet Area 2 on or before July 1 of any year in the term, beginning with the July 1, 1992 term year, Area 2 will revert back to the Landlord without further rent liability to the County, except as provided below. The County and the Landlord agree that in the event (Area 2) reverts to the Landlord, the County will ensure that an appropriately rated fire wall is constructed along the pole line which separates Areas 1 and 2. The County and the Landlord 01% ;i ° - r. will share the cost of any new access that becomes necessary as a result of this action. Also, in the event of a reversion as herein described, rent for the mezzanine space over Area 1 will be paid by the Tenant as follows: Lease year 1 through 3: Lease year 4: Lease year 5: $4,452 /annum ($371 /month) $5,148 /annum ($429 /month) $5,436 /annum ($453 /month) Also, agreed in the event that Area 2 reverts to the Landlord, the County shall supply to Landlord heating and cooling to Area 2 for a pro-rata share of heating and cooling expenses to be paid by the Landlord to the County. 18 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. Landlord: ELLIOTT CENTER INVESTORS A General Partnership Tenant: ORANGE COUNTY BY: Moses ey, Jr. Chair to the Board of County mmissioners :s 13 19 14 $5 SO. FT EXHIBIT A :•+�' -- jar �L".•� Mang Torw 715 50. r T + 1 AP F-A 2 f f.FLO.O.R .PL-AN`IVIEfZZANINE LEVL� �9 b„C J!.- �,�,;�f -} ' -- . ... .. ..... ... . . -- ._........,_. - -'._ _.. -. . -- ._ ..._..�.�._:.1� -1,.-- sJ.�..• - ...155` -a .: ._ �__......_., ._.��.. �� -�. __. n e.e , .n f� i I so- Fr Z9 38 _so.. F-r, ! ;,, All sIr 91, rr;yYue•�pl►AUUlr•; .. ' pJncu�►�.!6,SSSr,••abrr>ti,y, R } M I Ak - -��r.• .y• ,- � _ _ � �._ - - -__ � . _ ....27.0 �.... �, Zi �n - M. C , �� I Y �'''` ` r.• j `_ rt �1. , •F -. .,i .,Qy .•F _ - �,- yam.- . - '� I .'Ii .2 .' .i , rte. . �• .d'� 'j: � �;"� -gyp i2 •i.,` .` ✓:•'' ..', r Tr+ .q. J• �i 'l,: 1.1: },•L_, 1 1 lib..`" ,I.r'r.. '�. _ a •- ©...: r -:';, ri .^.�• ':�% ,r ' :'i ocq,, I -;I F., : I I : k EXHIBIT B IN rn I-- —F4 -------- -- -- - to. CIL tr7 Fli �9 T EXHIBIT "Cu 1. Landlord agrees to perform the following improvements to the Demised Premises on or before June 15, 1991, subject to the provisions of Section 1.6. Lan 1 r ' work: a) Remove stored equipment and materials from the Demised Premises. 2. Tenant agrees to perform the following improvements to the said Demised Premises, and as detailed on plans and specifications to be submitted to and approved by Landlord on or before 60 days after lease execution date. T n t' k• a) Construct all elements of upfit required to make the demised premises suitable for Tenant's use, including but not limited to, interior walls, HVAC ducting, electrical, plumbing, bathrooms, ceiling, lighting and flooring. LMdlord- ELLIOTT CENTER INVESTORS BY: e eral Partner Tenant: ORANGE COUNTY BY: U``�' Moses Carey, Jr. Chair to Board of Count so ZZ ORIGINAL SIGNATUR]4E -S COPY j, J ' 7. �� ; P•fl May 2, 1991 Mr. John Link, Orange County Box 8181 Hillsborough, Dear John; Robert Edward Seymour Jr. Manager N. C. 27278 This is to formally reaffirm the commitment made by the Funding Subcommittee of the Task Force on the Southern Orange Senior Center Space to raise funds for the proposed new Chapel Hill Senior Center. Specifically, we would have a fundraising campaign to secure the necessary money, material and labor to upfit the new space and to provide the additional money necessary to lease the balance of the Galleria space. On May 7th the funding subcommittee, now to be re -named as "The Founders," will be enlarging its number of participants and organizing to begin development efforts -as soon as the new account is available to receive funds. We are also planning an Open House at the Galleria on Sunday, May 19th, from 2 unto 4 in order for _the public at large to see the location and dream -with us about what will emerge there. We would be pleased if you can find time in your busy schedule to come. Thank you again for being so supportive and for helping us move toward making a broad range of programs and services available to the Seniors of Southern Orange. Sincerely, ! r Robert Seym ur 609 Greenwood Road Extension, Chapel Hill, North Carolina 27514 &A 2 9 19§1 - 28 TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL, NORTH CAROLINA 27516 Telephone (919) 968 -2700 April 26, 1991 Mr. John M. Link, Jr. Orange County Manager Post Office Box 8181 Hillsborough, North Carolina 27278 Dear John: Re: Proposed Senior Center Thank you for providing me a summary of the action taken recently by the orange County Board of Commissioners in regard to the proposed satellite Senior Center in Chapel Hill. I gave copies of your April.17th letter to the Mayor and Town Council so that they would be aware of the progress of this project. You explained that the Board of Commissioners commitment to lease space for the Senior Center is contingent in part on: "An expression of commitment by the Town of Chapel Hill in providing support for program staff and operations for the senior Center prior to the Commissioners' final approval of the lease on May 6th." I included a brief report on the Board of Commissioners' action in the budget message that I presented to the Mayor and Town Council on April 22nd. (Please see attached excerpt of budget message.) As part of that report I explained that: "We believe that recreation services could be provided (by the Town of Chapel Hill) at the proposed Senior Center on a full - cost -- recovery basis. we also believe that it would be possible to develop an indirect cost formula for including reasonable utility, operations, and rent costs in fees charged for these senior center recreation programs, with that portion of the fees being returned to the Senior Center." I continue to believe that primary staffing of the Senior Center logically would be the responsibility of the County's Department of Aging. 29 Mr. John Link April 26, 1991 Page 2 The Council will consider whether to make direct financial contributions to the operation of the Senior Center as a part of their budget deliberations during the next several weeks. The present schedule calls for the council to consider adoption of a budget at their meeting on May 28th. In the meantime, I hope that our commitment to provide recreation services on a full - cost - recovery basis, consistent with established Town policies, would satisfy the contingency established by the Board of Commissioners. The Senior Center Task Force is energetically pursuing private funding needed to fully carry out their proposed programs; and, I believe that they will be successful in their efforts. I also am supportive of the Task Force's interest in forming a private non- profit corporation to act as the owner /manager of the Senior Center. The idea has great merit, in my opinion. Please let me know if you need additional information or wish to discuss any of these matters further. Sin erely, w. Calvi orto Town Manager Enclosure CC: Mayor and Council Oro, Excerpt from Town Manager's Budget Message April 22, 1991: Support of Proposed Senior Center. On April 16th, the Orange County Board of Commissioners took action to commit the County to lease space at the Galleria for a.Chapel Hill satellite Senior Center, effective with formal approval of a lease at their May 6th meeting. The County's specific commitment is to lease 7,585 square feet of floor space at an initial expense of $53,271 per year. The County's commitment is contingent on several conditions, including: * a commitment from the Town of Chapel Hill to provide support for program staff and operations * a commitment from the Senior Center Task Force to raise funds necessary to renovate the leased space and to provide for operational expense not covered by the Town of Chapel Hill In previous discussions about the proposed senior Center, Task Force members have suggested the Town pay costs such as the following: $ 6,000 Utilities 5,400 operations 24,100 Facility Manager 10,800 Receptionist 8,400 Recreation Program Assistant Consistent with Town policies, we have stated that recreation programs for adults could be provided on a full- cost - recovery basis. We also have stated that other costs could be considered by the Council as a part of the budget process. We believe that recreation services could be provided at the proposed Senior Center on a full- cost - recovery basis. We also believe that it would be possible to develop an indirect cost formula for including reasonable utility, operations, and rent costs in fees charged for these senior center recreation programs, with that portion of the fees being returned to the Senior Center. We believe primary staffing of the Senior Center logically would be the responsibility of the County's Department on Aging. However, if the Council wishes to provide direct financial support for the Senior Center beyond recreation services on a full -cost- recovery basis, any of the options for funding additional services as listed in the above section could be considered, including a tax rate increase. Moses Carey, Jr. Alice M. Gordon Stephen H. Halkiotis Verla C. Insko Don Wiiihoit ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) R E S O L U T I O N Whereas, the Alexander vs Hill (Flaherty) Court Order has been in force for 16+ years with the intent of assuring that applicants for Aid to Families with Dependent Children and Medicaid receive timely determination of eligibility; and, Whereas, the most recent Consent Order and Settlement Agreement signed by Legal Services and the State of North Carolina creates severe fiscal sanctions for Counties that fail to reach a certain point threshold on an arbitrary, process - oriented monitoring mechanism; and, Whereas, the most recent Consent Order and Settlement Agreement focuses on the process of determining eligibility rather than the results, creates unnecessary paperwork, and in effect, slows the eligibility process; and, Whereas, Orange County is committed to providing assistance to eligible applicants on a timely, accountable basis, Now,. Therefore, be it resolved that the Orange County Board of Commissioners: 1. Request that all parties involved in the Court Order enter into a cooperative effort to renegotiate and modify the most recent Consent Order and Settlement Agreement in a mutual effort to enhance humane, efficient, and timely service; 2. Request that program regulations derived from Federal Law, Court Order, and State policy be modified to simplify and speed the eligibility determination process and that any system adopted to monitor that process be designed to measure results rather than process; and 3. Declare that Counties should participate as full partners in all future negotiations regarding this matter. YOU COUNT IN ORANGE COUNTY 1 Copies of this resolution shall be forwarded to the N.C. Association of County Commissioners, N.C. Department of Human Resources, N.C. Legal Services Resource Center, and the N.C. Association of Social Service Board Members. This the 6th day of May, 1991. ORANGE COUNTY, NORTH CAROLINA BY: Moses Carey, Jr. Chair, orange Coun of CommissioneV ATTEST: BY. everly Blythe Clerk, ange County Board of Commissioners DISABILITY AWARENESS WEER IN ORANGE COUNTY WHEREAS, we recognize that persons with disabilities are people who also have abilities and talents, and WHEREAS, with mutual respect and reasonable consideration persons with disabilities, mental or physical, can participate in our society to their fullest capacity, and WHEREAS, while Orange County and the State of North Carolina offer many opportunities for individuals with disabilities, much of our citizenry remains unaware of the capabilities and aspirations of persons with disabilities, and WHEREAS, Orange County recognizes that persons with disabilities are a resource we cannot afford to overlook or not use to their highest potential, and WHEREAS, the State of North Carolina has proclaimed May 5 through May 11, 1991 as "Disability Awareness Week ". NOW, THEREFORE BE IT RESOLVED that the Orange County Board of Commissioners wish to renew their commitment to take those steps necessary for the full integration of people with disabilities into society by proclaiming May 5 through May 11, 1991 as "DISABILITY AWARENESS WEEK", and urge all our citizens to participate in activities during this week and become more aware of the needs and capabilities of persons with disabilities. IN WITNESS WHEREOF this 6th day of May, 1991. yo Ar WHEREAS Local communities support over 10,000 Senior Centers in the United States, and WHEREAS Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County, and WHEREAS Senior Centers affirm the dignity, self -worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution-to the.community, and WHEREAS Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported -and-socially involved, and WHEREAS The month'of May.has historically been proclaimed Older Americans Month, and communities across the country are giving..special recognition to older persons and the role_of.Senior Centers in serving them, NOW, THEREFORE, I, Moses Carey, 1. Jr.,. by`the authority vested in me, do hereby.proclaim_the week of May 12 -19, 1991, as: SENIOR 4CENTER WEEK calling upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the county of orange to be affixed. Chair, Orange County Co sioners YOU COUNT IN ORANGE COUNTY ! ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. 732 -8181 Alice M. Gordon 9681501 Stephen H. Halldotis 688 -7331 Verla C. lnsko 227 -2031 Don Willhoit 1991 644 -3004 (Fax) PROCLAMATION WHEREAS Local communities support over 10,000 Senior Centers in the United States, and WHEREAS Orange County has recognized the importance of Senior Centers and has provided leadership in the development and operations of such facilities in the County, and WHEREAS Senior Centers affirm the dignity, self -worth and independence of older persons by facilitating their decisions and knowledge, and enabling their continued contribution-to the.community, and WHEREAS Encouraged and supported by the Older Americans Act, Senior Centers function as service delivery focal points, help older persons to help themselves and each other, and offer opportunities to become physically active, mentally challenged, emotionally supported -and-socially involved, and WHEREAS The month'of May.has historically been proclaimed Older Americans Month, and communities across the country are giving..special recognition to older persons and the role_of.Senior Centers in serving them, NOW, THEREFORE, I, Moses Carey, 1. Jr.,. by`the authority vested in me, do hereby.proclaim_the week of May 12 -19, 1991, as: SENIOR 4CENTER WEEK calling upon the people of our community to honor older Americans and the Senior Centers that bring together activities and services to their benefit. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the county of orange to be affixed. Chair, Orange County Co sioners YOU COUNT IN ORANGE COUNTY ! Moses Carey, Jr. Alice M. Gordon Stephen H. HaMotis Verla C. Insko Don Willhoit WHEREAS, P,4 -1--S -�(. -q/ ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) PROCLAMATION According to the latest population figures, there are more than 12,000 persons over 60 years of age in Orange County; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have contributed to their County, State and Nation; and, WHEREAS, All Orange County citizens enjoy the fruits of older persons and their labors and are inspired to continue to make Orange - County a good place in which to live; and, WHEREAS, Orange.County wishes to set aside a special month for recognition of the older segment of its citizenry; NOW, THEREFORE, We, the Orange - County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 1991 OLDER AMERICANS MONTH AND, further, do encourage all citizens to.join u in honoring our older Americans. Moses - Carey, Chair Orange County Board of ComasZoners YOU COUNT IN ORANGE COUNTY 1 (D ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. Alice M. Gordon Stephen H. Halkiotis Verla I. Insko Don Willhoit May 10, 1991 Mr. E. M. Cowan, P.E. District Engineer NC Department of Transportation Graham, NC 27253--0766 Dear Mr. Cowan; In official action on May 6, 1991, the Orange County Board of Commissioners approved the 1991 -92 Secondary Road Improvements Program as proposed by the North Carolina Department of Transportation. If any additional information is needed, please do not hesitate to contact this office. Sincer ly, Beverly A. Blythe Clerk to the Board YOU COUNT IN ORANGE COUNTY! 732 -8181 968 -4501 6SS -7331 227 -2031 644 -3004 (Fax) Moses Carey, Jr. Alice M. Gordon Stephen H. Halkiotis Verla C. lnsko Don Willhoit ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) May 6, 1991 Mr. Mike Gaddis, Director Workforce Resources Division Office of State Personnel 116 West Jones Street Raleigh, North Carolina 27603 -8004 RE: Orange County Substantial Equivalency Exemption For Classification And Compensation Dear Mr. Gaddis: At its May 6, 1991 meeting, the Orange County Board of Commissioners adopted.the Statement of Intent shown below. Statement of Intent It is the intent of the Orange County Board of Commissioners to apply the same classification and pay system in .Health and Social Services Departments.as has been applied in other County departments through the Phase I Classification and Pay Study conducted by Municipal Advisors, (MAI). It is.the Board's intent to implement such classification and pay system.upon completion and adoption of the Phase II Classification and Pay Study now being conducted by MAI. The targeted effective date toward which the County is working is July 8, 1991. It is our understanding that with the adoption of the above Statement of Intent, the Office of State Personnel will recommend to the State Personnel Commission at its June 6, 1991 meeting that the Commission approve Orange County's substantial equivalency exemption as to classification and compensation. We thank you and your staff for working with us to achieve a substantially equivalent personnel system in Orange County. YOU COUNT IN ORANGE COUNTY! 0 N - r If you have any questions, please contact Elaine Holmes in the Orange County Personnel Department at (919)732 -8181 extension 2552. Sincerely, L--'-� '��7v Moses Carey, Jr. Chairman CC: Ms. Elaine Holmes, Personnel Director Mr. John M. Link, Jr., Orange County Manager ti �.. 4 I MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS JOHN LINK, COUNTY MANAGER GEOFFREY GLEDHILL, COUNTY ATTORNEY FROM: MARVIN COLLINS, PLANNING DIRECTOR Vti DATE: MAY 2, 1991 SUBJECT: MAY 28, 1991 PUBLIC HEARING NOTICE COPIES: At the request of several Commissioners, the New Hope Corridor open Space Master Plan has been added to the May 28, 1991 public hearing notice. The request was made following the presentation of the Plan to elected officials on April 28. A change to the description of the W.E. Blackwood rezoning request (Z -2 -91) has also been made to insure consistency between the request and the requirements of the Zoning Ordinance. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 4 i NOTICE OF PUBLIC HEARING ON THE PROPOSED ASSIGNMENT OF HOUSE NUMBERS TO RURAL POSTAL ROUTES, ON PROPOSED REVISIONS TO THE ZONING ATLAS, ZONING ORDINANCE, AND SUBDIVISION REGULATIONS FOR ORANGE COUNTY, NORTH CAROLINA, AND ON A PROPOSED OPEN SPACE MASTER PLAN FOR THE NEW HOPE CREEK CORRIDOR Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Article 18, Sections 323 and 343, and Article 12, Section 240; Article 20, Sections 20.5 and 20.6, and Articles 2,2,12 and 2.2.13 of the Orange County Zoning Ordinance; and Section VIII of the Orange County Subdivision Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North Carolina, on Tuesday, May 28, 1991, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ASSIGNMENT OF HOUSE & BUILDING NUMBERS The postal service routes proposed for a change from existing rural box numbers to a system of permanently assigned house and building numbers are as follows: 1. Rural Route 2 - Timberlake Subdivision This partial route affects approximately 35 residents adjacent to the Person County line and involves the following roads: Bacon, Berry, Gray, Sawyer, and N.C. 157 West. Z. Rural Route 8 - Stoneridge and Sedgefield Subdivisions This partial route affects approximately 240 residents on 23 separate roads in the two subdivisions. The area is located east of Turkey Farm Road and along the north and south side of Whitfield Road. NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN In 1989, the governing boards of Orange County, Chapel Hill, Durham, and Durham County recognized the value of an open space corridor linking the Eno River State Park, lands along New Hope Creek, and U.S. Corps of Engineers' land at Lake Jordan. The four jurisdictions contracted with Coulter Associates, Landscape Architects & Land Planners, to prepare a master plan for the corridor. Prepared with the assistance of a multi - jurisdictional Advisory Committee, the New Hope Corridor Open Space Master Plan was presented to elected officials of the four jurisdictions on April 30, 1991. The Plan includes recommendations for acquiring critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational or recreational value. Acquisition could be through donation, purchase in fee simple or purchase of development rights. The'Plan also recommends a scenic road designation along N.C. Highway 751. ZONING ATLAS AMENDMENTS The proposed amendments to the Orange County Zoning Atlas are as follows: 1. Z -1 -91 James R. Sparrow The property in question is located on the north side of N.C. Highway 54 between Morrow Mill Road (SR 1958) and Orange Grove Road (SR 1006). The property contains 2.94 acres and is specifically described as Lot 27A of Tax Map 26 in Bingham Township. The property fronts on N.C. Highway 54 for a distance of 300 feet and has a depth of 350 feet. The current zoning designation of the property is AR - Agricultural Residential and NC -2 Neighborhood Commercial -2. The proposed zoning designation is LC -1 Local Commercial -1. 2. Z -2 -91 W.E. Blackwood The property in question is located on the north side of N.C. Highway 54 between White Cross Road (SR 1952) and Dodsons Cross Road (SR 1006). The property contains 3.00 acres and is specifically described as part of Lot 9 of Tax Map 30 and part of Lot 13 of Tax Map 30B in Bingham Township. The property fronts on N.C. Highway 54 for a distance of 532 feet and has a depth.of 414 feet. The current zoning designation of the property is R -1 Rural Residential and LC -1 Local Commercial -1. The proposed zoning designation on 2.35 acres of the property is LC -1 Local Commercial -1. The proposed zoning on the remaining 0.65 acres is NC -2 Neighborhood Commercial -2. ZONING ORDINANCE TEXT AMENDMENTS The proposed amendment to the Orange County Zoning Ordinance is as follows: 1. Large Day Care Homes Under the proposal, Article 22 of the Zoning Ordinance would be amended to provide a definition for "large day care home" - r generally six to 15 children. Article 4 would be amended to add large day care homes as a permitted use in all zoning districts where single - family homes are permitted. Article 6 would be amended to require site plan approval for large day care homes and provide standards for evaluating the site plan. Article 14 would be amended to permit a day care operator or citizen to prepare their own site plan for a large day care home. SUBDIVISION REGULATIONS TEXT AMENDMENTS The proposed amendment to the Orange County Subdivision Regulations is as follows: 1. Administrative Approval of Expired Subdivision Plats Under the proposal, Section III -D -2 -f would be added to allow the Planning Director to re- approve an expired subdivision plat, provided the design and conditions of approval were in compliance with zoning and subdivision regulations existing at the time of the request. The subdivision would still be subject to agency review, and the request for re- approval must be made within one year of the expiration of the plat. Section III -D -2 -g would be amended to permit only one such re-- approval. Subsequent requests for re- approval must be presented to the Board of Commissioners for consideration. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence received in writing by the date of the Planning Board meeting following the public hearing will be considered by the Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday. You may also call 732 -8181 (Hillsborough), 688 -7331 (Durham) or 967 -9251 (Chapel Hill- Carrboro). Please ask for Extension 2585 or 2575. You will be directed to a staff member who will answer your questions. PUBLISH: May 15, 1991 May 22, 1991 Marvin Collins, Planning Director 71 V -126 42 6 .3951 53.46 AC. 7A 33621.5�Y:. WHITE 0 $ 2989 / L- (1) � �_ •� rrwru �ii�� •��rpr �ur�wr�wi �rrwrrn�wwrw.l!�r� -• 1 • 160 I M 12' 2.• 12F 4. 5 l i5 8� -L I_B21 2419 7 597 64287 .93 AC.CAL. 16 6636 9.44 AC. SEE MAP 30A 162 (WEST BROOK I ESTATES ) W.E. BLACKWOOD REZONING LC -1 /R1 - 1C -1 2.35 ACRES (1) LC -1 /R1 - NC -2 .65 ACRES (2) SCALE _ ]''= 400' L- (1) � �_ •� rrwru �ii�� •��rpr �ur�wr�wi �rrwrrn�wwrw.l!�r� -• 1 • 160 I M 12' 2.• 12F 4. 5 l i5 8� -L I_B21 2419 7 597 64287 .93 AC.CAL. 16 6636 9.44 AC. 'r A RESOLUTION ENDORSING WATER SAVING DEVICES AND ASKING FOR APPROVAL BY THE NORTH CAROLINA BUILDING CODE COUNCIL WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, water conservation results in specific savings on sewage treatment costs and on water supply projects and reservoir planning; and WHEREAS, the marketplace has available water- saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water - saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, even though local ordinances can be amended to require advanced water saving fixtures in new construction and retrofit devices for upgrading the water use by shower heads, faucets and toilets in older buildings, it appears that such requirements may need approval by the N.C. State Building Code Council for inclusion in the N.C. State Building Code; and WHEREAS, the Orange County Board of Commissioners will adopt changes to the county's ordinance in accordance to the state building codes regarding advanced water saving fixtures for new construction and retrofit devices for upgrading the water used by shower heads, faucets and toilets in older buildings, and will petition and ask the N.C. State Building Code Council to allow such fixtures and retrofit devices under the N.C. State Building Code. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONERS RESOLVES: Section 1. For the above - stated reasons, the Orange County Board of Commissioners supports the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace. _�..a�.,.,�. Section 2. The orange County Board of Commissioners asks the Chapel Hill Town Council, the Durham City Council, the Durham County Board of Commissioners, the Chatham County Board of Commissioners, the Pittsboro Town Council, and the Triangle J Council of Governments to support the continued development of advanced water saving fixtures and retrofit devices for upgrading shower heads, faucets and toilets as well as their use in the marketplace, and in old and new construction in the State of North Carolina. Section 3. The Board of Commissioners asks the governing bodies of the Cities of Chapel Hill, Durham and Pittsboro, the County Commissioners of Durham County and Chatham County, the Orange Water and Sewer Authority and the Triangle J Council of Governments to join with them in petitioning and asking the N.C. State Building Code Council to allow advanced water -- saving fixtures, such as 1 and 1.5 gallon flush toilets, 2- gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amount of water used in showers, kitchen sinks and toilets, as well as retrofit, water saving devices for reducing water consumption to be used in existing and newly constructed buildings and homes, under the N.C. State Building Code. Section 4. This resolution shall become effective upon adoption. This resolution, having been introduced by Commissioner Don Willhoit and seconded by Commissioner Stephen Halkiotis, was passed by unanimous vote of Commissioners Moses Carey, Alice Gordon, Verla Insko, Stephen Halkiotis and Don Willhoit on May 6, 1991. ri A RESOLUTION ENDORSING WATER SAVING DEVICES AND REQUESTING OWASA TO ADOPT CERTAIN WATER CONSERVATION POLICIES WHEREAS, water conservation saves money for water consumers by reducing the number of gallons of water consumed and by reducing the need for more capital spending and infrastructure necessitated to meet increasing water demands; and WHEREAS, water conservation protects the environment by conserving our water resources; and WHEREAS, the marketplace has available water--saving appliances and fixtures, such as 1 and 1.5 gallon flush toilets, 2 gallon per minute shower heads, faucets with aerators and conserving washing machines and dishwashers that effectively reduce the amounts of water used in showers, kitchen sinks and toilets, and can result in significant water conservation; and WHEREAS, the marketplace has available other water -- saving appliances and fixtures that can be used to upgrade existing commercial buildings, single - family homes and multi - family housing and significantly reduce water consumption; and WHEREAS, there exists other water consumption policies and measures that can assist in reducing water consumption in Orange County, including but not limited to educational programs to increase consumer awareness about water consumption, the modification of water bills to show consumption in gallons per day, encouraging retrofitting of fixtures, the keeping of the records of firefighting and training water usage, street cleaning usage and watering of shrubs and plants by city, county and volunteer fire departments, the keeping of records for water usage or loss due to line breakage and new water line flushing, the keeping of records or estimation of construction water usage, the keeping of records for the university and hospital water usages, improvements in metering of water usage, annual proclamation of water week with other utilities and municipalities to heighten awareness of water as a limited resource, the encouragement of water reducing devices, and the development of long -term plan wastewater reuse, a comprehensive water audit to detect water leaks, the development of a least cost approach to an overall water demand management plan for OWASA's customers, and the publication of per - capita consumption figures to make the trends available to the public; and WHEREAS, the Orange County Board of Commissioners supports these measures and policies to reduce water consumption in Orange County. NOW, THEREFORE, THE ORANGE COUNTY BOARD OF COMMISSIONS RESOLVES: Section 1. For the above - stated reasons, the Board of Commissioners supports the continued development by OWASA of policies and measures as described above. Section 2. The Board of Commissioners asks the OWASA Board of Directors to examine its policies and measures for reducing water consumption and determine if the measures and policies outlined above are part of its plan, and if not, determine if such policies and measures, as well as others that may be developed, are appropriate and should be enacted for its service area. Section 3. Copies of this resolution shall be sent to the Chapel Hill Town Council. Section 4. This resolution shall become effective upon adoption. This resolution, having been introduced by Commissioner Don Willhoit and seconded by Commissioner Stephen Halkiotis, was passed by unanimous vote of Commissioners Moses Carey, Stephen Halkiotis, Alice Gordon, Verla Insko and Don Willhoit on May 6, 1991.