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HomeMy WebLinkAboutAgenda - 09-03-1991 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, SEPTEMBER 3 , 1991 ON ALL ABSTRACTS 7: 30 P.M. _ AVAILABLE IN THE OLD COUNTY COURTHOUSE CLERK'S OFFICE. HILLSBOROUGH, NC NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is available on request. If you need this assistance, please call the County 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 your 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 to leave 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. Petition for Road Additions--The Highlands Subdivision B. Petition for Road Addition--Oak Hollow Road IV. RESOLUTIONS PROCLAMATIONS V. SPECIAL PRESENTATIONS A. I Presentation--Certificate of Achievement for Excellence in Financial Reporting . VI. PUBLIC HEARINGS VII. REPORTS A. Report and Mapping of Acquifer Yields and Soil Suitability in Orange County B. Comprehensive Housing Affordability Strategy VIII., ITEMS FOR DECISION--REGULAR AGENDA A. Triangle Transit Authority Vehicle Tax B. Bid Award--Communications Control Center C. Vacation and Sick Leave Revisions to the Personnel Ordinance D. Spirit Hill Subdivision--Preliminary Plan E. Proposed Ordinance Amendments--Water/Sewer Policy, Zoning Ordinance and Subdivision Regulations F. Advertisement--October 10, 1991 JPA Public Hearing G. Hillsborough Cooperative Planning Agreement H. Approval of Contract--Design Services for Northern Human Services Building Roof I. Contract Approval--Environmental Assessment of Proposed Southern Human Services Site J. Appointments--Community Child Protection Team IX. HOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT (*) Indicates items that need immediate attention. s _ APPROVED 9-17-91 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 3, 1991 The Orange County Board of Commissioners met in regular session on Tuesday, September 3, 1991 at 7:30 p.m. in the Courtroom of. the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Vice-Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. BOARD MEMBER ABSENT: Chair Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Manager Rod Visser, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Accountant Howard Fitts, Human Resources Director Elaine Holmes, Accounting Technician Deborah Jeff eries, Purchasing and Central Services Director Pam Jones, Public Works Director Wilbur McAdoo, Social Services Director Marti Pryor-Cook, Senior Accounting Technician Debbie Smith, Soil Scientist Jerry Stimpson, County Engineer Paul Thames, EMS Director Nick Waters, Planners Emily Cameron, Eddie Kirk, Mary Scearbo and David Stancil. NOTE: BACKGROUND INFORMATION ON ALL AGENDA ITEMS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA Vice-Chair Halkiotis added to the agenda an Executive Session for the discussion of a personnel matter. Commissioner Willhoit added to the agenda an appointment to the Southern Human Services Planning Committee. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA - NONE B. MATTERS NOT ON THE PRINTED AGENDA Gordon Brown, Attorney representing a group of citizens in the Efland community, presented to the Board a petition. In summary the petition made reference to the Efland sewer line and the contracts signed for the construction and provision of sewer service to 191 parcels in the Efland area. He stated that for approximately half of the 191 potential users who originally signed contracts with the County, sewer service is not yet available. The conditions which created the emergency in 1984 still exist today. He stated that many have inadequate or failing septic systems. Many have made significant out- of-pocket expenditures to repair or replace their systems with little prospect that they will function properly or adequately in the long term. In several areas, raw sewage flows to the surface or runs in the ditches. The 161 citizens who signed the petition asked that the Board of County Commissioners: L 2 1. complete Phase I as defined in this Board's November 20, 1984 resolution in an expeditious manner, to fulfill the County's obligations under the Sewer Easement and Agreements entered into in late 1984 and early 1985, to ensure a low cost structure to all users, the long-term economic self-- sufficiency of the system, and the repayment of all loans made by the County; and to remediate the existing threat to the public health, safety and welfare caused by inadequate and failing septic systems which are prevalent in the Efland community, 2. provide one or more programs for users needing financial assistance in order to connect to the sewer system, whether by grant, subsidy or low-interest loan, 3. consult with the Steering Committee and its counsel to accomplish the foregoing, and 4. authorize the County Attorney to enter into an agreement to maintain the status quo of all interested parties pending efforts to accomplish the foregoing. Vice-Chair Halkiotis asked that County Manager John Link give the Board an update on the status of the Efland sewer line at the next Hillsborough meeting scheduled for October 7, 1991. PUBLIC CHARGE Vice-Chair Halkiotis read the public charge. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve those items on the Consent Agenda as listed below: A. PETITION FOR ROAD ADDITIONS - THE HIGHLAND SUBDIVISION The Board approved a petition from NCDOT for the addition of Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place in Chapel Hill Township to the State-maintained Secondary Road System. B. PETITION FOR ROAD ADDITION - OAK HOLLOW ROAD The Board approved a petition from NCDOT for approval of the addition of Oak Hollow Road in Bingham Township to the State-maintained Secondary Road System VOTE: UNANIMOUS IV. RESOLUTIONSIPROCLAMATIONS - NONE NOTE: Vice-Chair Halkiotis was excused from the meeting. Commissioner Willhoit chaired the meeting from this point through the reports at which time Vice-Chair Halkiotis returned. V. SPECIAL PRESENTATIONS A. PRESENTATION - CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING 3 John Link stated that the Certificate of Achievement for Excellence in Financial Reporting is generally acknowledged as the highest form of recognition in the area of governmental accounting and financial reporting. Its attainment represents a significant accomplishment by an entity and its management. Orange County has been awarded the Certificate of Achievement each year since 1982 . Each year the eligibility standards for the award become more stringent. He commended Finance Director Ken Chavious and his staff for their ability to consistently meet the high standards reflected by this award. On behalf of the Board, Commissioner Willhoit presented the Certificate of Achievement to Ken Chavious and the plaque to the Finance Department thanking them for their dedication and hard work. VI. PUBLIC HEARINGS - NONE VII. REPORTS A. REPORT AND MAPPING OF AQUIFER YIELDS AND SOIL SUITABILITY IN ORANGE COUNTY Planner David Stancil and Soil Scientist Jerry Stimpson presented this report to be received as information by the Board. In summary this report outlined a process for achieving the Commissioners' goal for overall protection of the County's water resources. Planner David Stancil stated that the data collected for this report includes identifying the availability of drinking-water quality ground waters which is contained in the Counties aquifers and the capacity of the soils present in the County to absorb, in an environmentally safe manner, land-applied sanitary waste water from on-site waste treatment systems. David Stancil answered various questions from the members of the Board. He noted that after meeting with some experts in the field, they should be able to determine if the data they have -- both general and specific -- is adequate to be able to produce a hydrogeologic map of the county that can be used to target areas that have available groundwater resources. This information will identify those areas where there is a potential for high yields as well as those areas where there is a potential for community wells. Commissioner Gordon noted that this information could give the County a basis for directing development. Jerry Stimpson used a county map and showed the various soil types in Orange County and the suitability or assimilative capacity of those soils for on-site sanitary waste treatment. He emphasized that the soil mapping, in its present form, is far too general to make predictions of the suitability of soils on a specific site or in a specific area for any particular type of waste treatment technology. John Link clarified that this information on aquifer and soil types is accurate in that it shows areas where there are sufficient groundwater and sufficient soil types for ground absorption. Although this information would be helpful to anyone who might want to develop property in any area of the County, there is still not precise data whereby land use guidelines should be guided by this. Commissioner Willhoit stated he feels that these reports can be used as general guidelines for the Land Use Plan. 4 R. COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY Tara Fikes, Housing and Community Development Director, gave an overview of a plan to develop a Comprehensive Housing Affordability Strategy for Orange County along with the Towns of Chapel Hill, Carrboro and Hillsborough. She explained that the new National Affordable Housing Act of 1990 replaces many of the old HUD housing assistance programs and provides new opportunities for local governments to provide housing assistance to their low/moderate income residents. In order to participate, a Comprehensive Housing Affordability Strategy which assesses housing needs in a jurisdiction and outlines future plans/strategies to address these identified needs must be developed. Housing staff from Orange County, Chapel Hill, Carrboro and Hillsborough has begun developing a Consolidated Comprehensive Housing Affordability Strategy which would address the entire County. They expect to have a draft plan available for public comment by September 15, 1991. Various questions from the members of the Board were answered by Tara Fikes. The report was received by the Board as information. VIII. ITEMS FOR DECISION - REGULAR AGENDA A. TRIANGLE TRANSIT AUTHORITY VEHICLE TAX Motion was made by Commissioner Gordon, seconded by Commissioner Insko to adopt the resolution as stated below approving the levying of a $5 vehicle registration tax. A CONCURRENT RESOLUTION WHEREBY, DURHAM, ORANGE AND WAKE COUNTIES APPROVE THE LEVY OF A VEHICLE REGISTRATION TAX BY THE RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY WHEREAS, on December 1, 1989, the Research Triangle Regional Public Transportation Authority was chartered pursuant to General Statute 160A- 602 after concurrent resolution by Durham, Orange, and Wake Counties; and, WHEREAS, on July 13, 1991, the General Assembly of North Carolina ratified and enacted House Bill 80 as Chapter 666, which shall be known and may be cited as "an Act to Authorize a Regional Public Transportation Authority to Levy a Vehicle Registration Tax, " and referred to herein as the "Tax Act"; and, WHEREAS, Durham, Orange, and Wake Counties, respective major municipalities, the general public, and other interested parties, both public and private, have actively and consequentially participated in the regional issue and consensus development process fundamental to the establishment of the Research Triangle Regional Public Transportation Authority and the ratification of the Tax Act; and, WHEREAS, the purpose of the Research Triangle Regional Public Transportation Authority is to finance, provide, operate, and maintain a safe, clean, reliable, and economically and environmentally sound public transportation system for Durham, Orange, and Wake Counties in order to enhance mobility in the Research Triangle region and to encourage sound growth patterns; and, 5 WHEREAS, after proper public notice, the Research Triangle Regional Public Transportation Authority Board of Trustees conducted a public hearing on August 15, 1991, as required by the Tax Act; and, WHEREAS, the Research Triangle Regional Public Transportation Authority Special Tax Board approved a tax rate of $5 per motor vehicle on August 28, 1991; and, WHEREAS, General Statute 160A-623 (j) requires that the Board of County Commissioners of each county organizing the Authority pass a resolution approving the levy of the tax; and WHEREAS, it is understood that this concurrent resolution shall not be considered fully adopted until such time, if any, as its three counterparts are adopted by the Boards of Commissioners of durham, Orange and Wake Counties. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the vehicle registration tax of $ 5 per motor vehicle is approved. VOTE: UNANIMOUS B. BID AWARD - COMMUNICATIONS CONTROL CENTER Pam Jones stated that Motorola Communications and Electronics, Inc. submitted the lowest responsible bid. Their cost for the system delivered and installed is $141,776. The system will be functional and ready for training to begin on November 3, 1991. For the record, three other bids were received. They are as stated below: Console Systems, Inc. $ 257, 122.00 Communications Specialists of Raleigh $ 209,440.00 Radio Communications of Cary $ 159,773 . 00 Pam Jones explained that Reid Whitten of RF Projects, a radio consulting firm, was contracted by the County to evaluate the communications system and together with the EMS staff prepared the specifications. Pam Jones noted that Motorola has indicated they will comply with the specifications and she feels confident that they will deliver that which they have promised. She has no knowledge that the County will have to pay any additional beyond which is on paper at this time. Commissioner Insko questioned if the bid from Motorola was based on meeting all of the specifications. She understands there were some items that did not meet these specifications and that in the process of negotiating with them, they have reviewed every one of these items and said they will meet the specifications for the same amount of money. Pam Jones explained that from a technical point of view, that anytime a specification is all such a technical nature, a specification cannot be written that indicates one vendor and one vendor only will be able to meet it. The specifications outline the performance, what is expected from the consoles, and evaluation is based on that. Reid Whitten stated that the specification was prepared so that it would permit bids from various console manufacturers with the idea 6 that each may do a certain task a slightly different way and the specifications had to permit all of them to bid. He gave several examples. He explained that the low bid complied with the requirement of the specifications and that they indicated on a paragraph by paragraph basis whether or not they comply. He gave an example with the load that a console can hold. In his opinion this is not a significant deviation from the specifications to require the County to spend additional money for providing. No one can meet all the exact features of a good specification. Commissioner Insko clarified that when a bidder makes a bid on a specification where they are making their bid on something that does not meet the specifications, then they are required to identify those by paragraph and describe how they don't meet the specification. Reid Whitten indicated that the specification requires that they give the County in their bid response a paragraph by paragraph statement. If they say they comply, then when the time comes to inspect the equipment they have installed they must comply because they stated in their bid that they complied. Everyone who bids understands that they can modify the specification as long as they explain and identify the modification. Pam Jones explained that the bid is evaluated on the price, the intent of the specifications, and if it is in the best interest of the County. From a functional perspective it is evaluated in terms of doing the job but still meeting the intent of the evaluation. Motorola did not change their response but clarified items paragraph by paragraph that they met the specifications. Reid Whitten gave another example of how Motorola met the specifications regarding program buttons. Motorola could expand to 127 instead of 128. That is considered to be acceptable. No one can be expected to meet all aspects of the specifications. He further explained that the patch channels were part of the specifications but that the EMS matrix was not part of the specifications. Pam Jones explained the process that was followed prior to preparing the final specifications. She emphasized the specification was not changed, but there is a tolerance to any specification. It was the consensus of the Board to delay approval of this contract for additional information on those items that did not meet the specifications. This will be placed on an upcoming agenda. C. VACATION AND SICK LEAVE REVISIONS TO THE PERSONNEL ORDINANCE Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approved those revisions to Article IV, Section 5. 0 for vacation leave and Article IV, Section 6 for sick leave as presented by the Personnel Director and as recommended by the County Manager, effective October 1, 1991. VOTE: UNANIMOUS D. SPIRIT HILL SUBDIVISION This property is located on the northwest side of Palmer's Grove Church Road. The tract is zoned Agricultural Residential and designated Agricultural Residential in the Comprehensive Plan. Ten new lots are proposed out of 11.85 acres. Each lot will have an individual well and septic tank. 7 Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Preliminary Plan for Spirit Hill Subdivision subject to the Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS E. PROPOSED ORDINANCE AMENDMENTS - WATER SUER POLICY ZONING ORDINANCE AND SUBDIVISION REGULATIONS In early April, a landowner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The landowners would now like to use the taps and develop their property. These proposed amendments would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance and the Subdivision Regulations as recommended by the Administration. VOTE: UNANIMOUS F. ADVERTISEMENT - OCTOBER 101 1991 JPA PUBLIC HEARING Mary Scearbo explained that there are two items to be considered at this public hearing. The first involves American Stone Company and the second involves New Hope Corridor Open Space Master Plan. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the legal notice and items for discussion at the Joint Planning Public Hearing scheduled for October 10, 1991, 7:30 p.m. in the auditorium of Carrboro Elementary School. VOTE: UNANIMOUS G. HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve a revised time schedule for adoption of a proposed Cooperative Planning Agreement between Orange County and the Town of Hillsborough as presented by the Administration. VOTE: UNANIMOUS H. APPROVAL OF CONTRACT - DESIGN SERVICES FOR NORTHERN HUM2_T SERVICES BUILDING ROOF Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with RTD Associates, PA, for $7,440 to provide engineering services associated with roof replacement at Northern Human Services Center in Cedar Grove. The County received one other proposal from 8 Michael Hining Architects at a cost of $12,000. VOTE: UNANIMOUS I. CONTRACT APPROVAL - ENVIRONMENTAL ASSESSMENT OF PROPOSED SOUTHERN HUMAN SERVICES SITE Pam Jones explained that two bids were received. Following evaluation of each proposal, it is recommended that a contract be executed with Alliance Technology, Inc. for the following reasons: 1. The scope of work appears to be broader. For example four items do not appear to be addressed or are specifically excluded in the Sirrine proposal, but are included in the Alliance proposal. 2. Alliance provides general liability insurance with limits of $1, 000,000. Sirrine does not provide such coverage in their proposal. 3. From a budgetary point of view, a local consultant would present advantages on reimbursable items such as long distance phone calls and travel to the site. Motion was made by Commissioner Willhoit, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with Alliance Technologies, Inc. to conduct a Phase I Environmental Assessment of the proposed Southern Human Services site at a cost of $2,987. The County received one other proposal from Sirrine Environmental Consultants at a cost of $2900. VOTE: UNANIMOUS J. APPOINTMENTS - COMMUNITY CHILD PROTECTION TEAM Social Services Director Martha Pryor-Cook explained that the Community Child Protection Team is being established in accordance with Executive Order #142. The team is composed of community and human service representatives who will meet at least quarterly to promote the development of a community-wide approach to the problem of child abuse and neglect. In addition to specified agency representatives, the Executive Order provides the option for the Board to designate up to five representatives of agencies in the community to be invited by the DSS Director to serve on the team. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the appointments as listed below: 1. John Turner, Dean, School of Social Work, UNC-Chapel Hill 2 . Don Hargroves, Chief Juvenile Court Counselor 3. Hillsborough Exchange Club Member (National and State focus is on child abuse and neglect) 4. Chris Nutter, Dairy Farmer 5. Bonnie Davis, Retired Agricultural Extension Agent VOTE: UNANIMOUS IS. BOARD COMMENTS Vice-Chair Halkiotis announced that Chair Carey is in Chicago on business. Commissioner Gordon asked about the status of the bicycle study and John Link indicated that report would be forthcoming. 9 X. COMY MANAGER'S REPORT John Link announced that Eurosport, Inc. , a sports equipment distributor will be locating in Hillsborough in a building on Business 70 formerly occupied by White Furniture Company. XI. APPOINTMENTS SOUTHERN RPM SERVICES PLANNING COMMITTEE Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to appoint Anne Maddry to this committee. VOTE: UNANIMOUS YOUTH SERVICES NEEDS TASK FORCE Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to appoint Pamela Rigg to this Task Force. VOTE: UNANIMOUS XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the August 20, 1991 meeting as amended. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION Motion was made by Commissioner Insko, seconded by Commissioner Gordon to go into Executive Session to discuss a personnel matter. VOTE: UNANIMOUS Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to adjourn the Executive Session and to reconvene into Regular Session. VOTE: UNANIMOUS XIV. ADJOURNMENT With no further items for consideration, Vice-Chair Halkiotis adjourned the meeting. The next regular meeting will be held on Tuesday, September 17 at 7: 30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. Beverly A. Blythe, Clerk Moses Carey, Jr. , Chair O R A N G E C O U N T Y 1 PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3 1991 Action Agenda Item # SUBJECT: PETITION FOR ADDITION - STERLING BRIDGE ROAD, SKYE DRIVE, BALMORAL PLACE, AND BURNS PLACE IN CHAPEL HILL TOWNSHIP DEPARTMENT: PLANNING PUBLIC REARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk E.M. Cowan Letter of 8/9/91 Extension 2582 Secondary Road Addition Report TELEPHONE NUMBERS: Hillsborough - .732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a petition from NCDOT for approval addition of Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place in Chapel Hill Township to the State-maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a Petition for the addition of Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place in the Highlands Subdivision to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the roads to the State-maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place in Chapel Hill Township to the State- maintained Secondary Road System. _ 2 A 41 STATE OF NORTH CAROLINA -DEPARTMENT OF TRANSPORTATION P. O. Box 766 Graham, North Carolina 27253-0766 JAMES G. MARTIN August 9, 1991 DIVISION OF HIGHWAYS GOVERNOR THOMAS J. HARRELSON WILLIAM G. MARLEY,JR., P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. John M. Link, Jr. , Manager Orange County 106 E. Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Sterling Bridge Road, Skye Drive, Balmoral Place, and Burns Place .in the Highlands Subdivision in Chapel Hill Township Dear Mr. Link: Attached is Form SR-4, Secondary Road Addition Investigation Report for the above subject roads. This is being forwarded to you for review by your Board of commissioners. Yours ver trul , E. M. Cowan, P.E. DISTRICT ENGINEER /acr Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer 3 ROAD LIST FOR ROADS PETITIONED FOR ADDITION IN THE HIGHLANDS SUBDIVISION NUMBER DATE ROAD NAME LENGTH OF HOMES RECORDED BOOK PAGE STERLING BRIDGE ROAD 0 . 20 10 08-27-87 48 54 02-24-87 47 6 SKYE DRIVE 0 . 13 9 02-24-87 47 6 BALMORAL PLACE 0 . 04 6 02-24-87 47 6 BURNS PLACE 0 . 09 9 08-07-89 53 86 FILE: 0-89-23 4 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS • SECONDARY ROAD ADDITION INVESTIGATION REPORT County orange Co. File No. Date Township Chapel Hill Div. File No. Local Name See Attached Subdivision Name The Highlands Length See Atta. Width 18' Type 1-2 Condition GQod Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date See Atta. Book See Atta. Page See Atta. Number of homes having entrances into road See Atta. Other uses having entrances into road None Right-of-Way Width If right-of-way is below the desired width, give reasons under "Remarks and Recommendations." Is petition (SR-1 ) attached? Yes Is the County Commissioners Approval (SR-2) attached? If not, why? Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ - Grade, drain, stabilize $ - , Drainage $ - Other $ - Remarks and Recommendations Meets minimum requirements, recommend addition. Reviewed and Approved BOARD OF TRANSPORTATION MEMBER Reviewed and Approved J. W. Watkins M. Cowan DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space For use of Secondary Roads Dept. ) Petition No. (Do not write in this space For use of Planning Dept. ) Form SR-4 (4/89) ' 61-03395 J � �C 5 IC� I�L�,NDS — -- .I.. —$ITt— • _~ Ch.pel Ilill � n 5ehoW BuRnls PL4G� I LO�N I AVC� 'F7ernen,arr Sc I O o r � •1p,�, Fib Q• �S VICINITY MAP NOT TO SCALE GLl�YMO�� ROAD �KJ\JaRNcSS B ALN10 F�,aL PI...A CC SKYE- DRIyE -�-- � O O � • p� 0.07 N ' r m Ll o 0 STERLING BRIDGE Rp. ---e 5 �� r O R A N G E C O U N T Y 1 PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: Se tembgr 3 1991 Action Agenda Item8 SUBJECT: PETITION FOR ADDITION - OAK HOLLOW ROAD IN BINGHAM TOWNSHIP DEPARTMENT: PLANNING PUBLIC HEARING Yes _x—No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk E.M. Cowan Letter of 8/15/91 Extension 2582 Secondary Road Addition Report TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a petition from NCDOT for approval of the addition of Oak Hollow Road in Bingham Township to the State-maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the addition of Oak Hollow Road in Oak Hollow Subdivision to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the road to the State-maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Oak Hollow Road in Bingham Township to the State- maintained Secondary Road System. 2 r AU619 STATE OF NORTH CAROLINA 'DEPARTMENT OF TRANSPORTATION P. O. Box 766 Graham, North Carolina 27253--0766 JAMES G. MARTIN August 15, 1991 DIVISION OF HIGHWAYS GOVERNOR THOMAS J. HARRELSON WILLIAM G. MARLEY,JR., P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. John M. Link, Jr. , Manager Orange County 106 E. Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition Oak Hollow Road in Oak Hollow Subdivision Bingham Township Dear Mr. Link: Attached is Form SR-4, Secondary Road Addition Investigation Report for the above subject roads. This is being forwarded to you for review by your Board of Commissioners. Yours ve y tr ly, E. M. Cowan, P.E. DISTRICT ENGINEER /acr Atta. cc: Mr. J. W. Watkins An Equal Opportunity I Affirmative Action Employer File: 0-91-06 ----- t 3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS : SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orange Co. File No. Date Township Bingham Div. File No. Local Name Oak Hollow Road Subdivision Name oak Hollow Length 0.17 Width 18 Type I-2 Condition Good Is this a subdivision street subject to the construction requirements for such streets? Yes Recording Date 7-21-89 Book 53 Page 57 Number of homes having entrances into road four Other uses having entrances into road none Right-of-Way Width 50' If right-of-way is below the desired width, give reasons under "Remarks and Recommendations." Is petition (SR-1 ) attached? Yes Is the County Commissioners Approval (SR-2)—attached? If not, why? Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ - 0 - Grade, drain, stabilize $ - Drainage $ - Other $ - Remarks and Recommendations Meets minimum requirement, recommend addition. Reviewed and Approved BOARD OF TRANSPORTATION MEMBER Reviewed and Approved J. W. Watkins DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space - For use of Secondary Roads Dept. ) Petition No. (Do not write in this space For use of Planning Dept. ) Form SR-4 (4/89) - 61-03395 ,�1 "�' � 1:9,x• '`�:. - �' -�-::'�:. • � �{M S�Yw•4.-��!.' .1 t 13 �r a• t� �,�.V+`�ii.Ri. I� ? •y 9 -7�' r.+7•i. �p�.• •.:iY K• 'r t't �lr '''•'f�a_�'i:r'�:.::.. }n,Y�•• - - r.4 :Ki ��; nt.t.t Sr,r�., r'-W'4•'�:r++�i "�..�?, ..�'y \-:t :.!'' � �. .'X:,:. '-✓.y - :F p� 1723 ,r„ G•• .-.j• ;;f: ::1':� ::('4$'_;F�r - 04 4 _:�::•Ni•::;•9•..,f''-•�,5'�, i.i-..•..('' +.A, - \...tom ..�}.i: .,y.•, ts�,.� .y;,s;51.„r'• - - s;);.;• may`, .Z:y r•.�d: •x3r•�°7' �c !��'`:r:�w. `•+5... h.;. .k'�-".=!..'�w',.�� _r+ - - ;3.;: ^4 n"e: P ` ..Orange . . /..... o SIG I N ITS 1113 �.9 177 0- _ 0^� .o- 121 '.:;.;:•: r a` 1179 1212�� 172 K nAv, O FED ns rossroo ds `? 1860 c`r' 7 1 179 71 . 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'�1J:,a •YrY'S•r d;S;l,',�•r <? < •"7 •�� 7rk• _ r�� r:r. y.. �' .f., %.�Cy!.iY.,� 1! :Y,r 5, ..o-. *•�"r3.r„+ti,.� _. i~ .,�..',r..K+..e ..3•,''rw?;.: •air' .k. y..� •,,,,rr� ., `- .. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. \ -A Meeting Date: August 20, 1991 SUBJECT: PRESENTATION -- CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING -------- ---------------------------------- DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO: X -------- ---------------------------------- ATTACHMENT(S) : INFORMATION CONTACT: PLAQUE & CERTIFICATE (to be presented) TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968-5401 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To acknowledge receipt of this Certificate-of-Achievement-and recognize the individuals responsible for this achievement. BACKGROUND: The Certificate of Achievement recognizes excellence in government financial reporting. The Certificate of Achievement is generally acknowledged as the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by an entity and its management. Orange County has been awarded the Certificate of Achievement each year since 1982. Each year the eligibility standards for the award become more stringent. The finance staff is to be commended for their ability to consistently meet the high standards reflected by this award. RECOMMENDATION(S) : The Manager recommends that Ken Chavious and his Finance staff be recognized for their accomplishments in being awarded the GFOA Certificate of Achievement for the year ending 1990. The Government Finance Officers Association of the United States and Canada presents this AWARD OF FINANCIAL REPORTING ACHIEVEMENT to: Kenneth T. Chavious Finance Director Orange County, North Carolina The Award of Financial Reporting Achievement is presented by the Govern ment Finance Officers Association to those individuals who have been instrumental in their govern ment unit achieving a Certificate of Achievement for Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annual Financial reports are judged to adhere to program standards and represents the highest award in government financial reporting. Executive Director Date June 7, 1991 N ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.A=-A Meeting Date: September 3, 1991 SUBJECT: Report and mapping of acquifer yields and soil suitability in Orange County DEPARTMENT:-Planning and Health -PUBLIC-HEARING- YES:-----NO:-x-- ES. -- - _ X-- ------------------ -------------------- - - -- ATTACHMENT(S) : INFORMATION CONTACT:- -- - -- Soils-Jerry Stinson, Health Report on Acquifers Acquifers-David Stancil, Planning Report on Soils (Under Separate TELEPHONE NUMBER- Cover) Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227--2031 Durham - 688-7331 - PURPOSE: To present two reports and associated mapping to-the Board in compliance with that part of the Commissioner's goal on water resource protection dealing with collection of data on the County's acquifer or groundwater yields and the assimilative capacity of County soils for on-site sanitary waste water disposal. BACKGROUND: County Staff have outlined process for achieving the Commissioner's a goal for overall protection of the County's water resources which involves the collection of data on the County's existing water resources. These resources include the availability of drinking water quality ground waters which is contained in the Counties acquifers and the capacity of the soils present in the County to absorb, in an environmentally safe manner, land-applied sanitary waste water from on-site waste treatment systems. There is a large body of information available on the subject of drinking water yields of the County's acquifers, though the information applies more generally to the state's large surface water drainage basins than to Orange County. Although the information regarding the situation in orange County can be culled from the larger body of information, the process is time consuming and is further complicated by the fact that the sources of information are widely dispersed among state and federal environmental agencies and university environmental research departments. A map and a report on the ground water yields of the Orange County portion of the Cape Fear Basin was presented to the Rural Character Study Group by the Planning Department in October, 1990. The information to be presented to the Board of Commissioners on the Cape Fear 2 i Basin, which has been challanged by some local water resource experts, represents the bulk of the material assembled to this point, on the County's potential ground water yields. The mapping and information to be presented to the Board showing the various soil types of orange County and the suitability or assimilative capacity of those soils for on- site sanitary waste treatment was prepared and first presented to the Board of Health by the County Health Department' s soil scientist. This information is very general in nature in that it tends to focus on broad soil trends in large areas of the County. The soil mapping, in its present form, is far too general to make predictions of the suitability of soils on a specific site or in a specific area for any particular type of waste treatment technology. RECOMMENDATION: The Manager recommends that the Board receive the report as information. 3 ORANGE COUNTY PLANNING DEPARTMENT MEMORANDUM To: PAUL THAMES County Engineer From: DAVE STANCIL, AICP Comprehensive Planner Date: JUNE 24, 1991 Subject: STATUS OF GROUNDWATER RESEARCH/HYDROGEOLOGIC MAP The purpose of this memo is to update our progress since the April 26 Groundwater Conference and our subsequent meeting. As you know, in accordance with the adopted Commissioners ' goal, Comprehensive Planning is pursuing a) researching all relevant groundwater data and studies, b) assessing the completeness of these studies, and c) developing a hydrogeologic map of Orange County as a resource for future groundwater work. This work is being done by intern Meg Scully, a recent UNC planning graduate (specializing in Land Use and Environmental Issues) , and myself. We have been fortunate, thanks to Meg's diligence, to uncover six additional sources on groundwater in this region beyond the three which I found in my Brief Overview, paper of October 1990 (attached) . We are still in the process of assessing this data. One difficulty has been converting some of the quantitative work from different studies into a common denominator. We plan to continue looking at the available resources over the next few months before attempting to draw any conclusions . However, a few things can be reported at this time. First, there are three studies which appear to stand out as potentially significant resources for our work. These can be found on the attached source sheet, and are 1) G.L Bain's 1966 work in the Durham area, 2) Charles C. Daniel ' s 1987 report (and 1990 followup) , and 3) Floyd and Peace' s 1974 study of the Upper Cape Fear basin. These studies are significant because each contains a form of a hydrogeologic map of the county or region. Meg has worked with these different sources to create a panel of maps from the three sources. This has involved grouping similar hydrogeologic units into common categories to make all three maps on the panel of a common type. As you can see from the panel, there appears to be some discrepancy between the 1966 Bain report and the latter two studies which were 4 i referenced in my 1990 overview. I am hesitant to draw any conclusions from these maps pending further work, but it can certainly be said that the Daniel and Floyd/Peace studies, when converted to common denominators, have very strong positive correlation. The 1966 Bain work, however, has some significant differences with the other data. Further research may shed a light on this possible discrepancy among our resources . Finally, as you know, Meg and I spoke in late May with Charles Daniel, the author of the two works above - which have been commended to us by several knowledgeable sources in groundwater research. In talking to Mr. Daniel, we learned that he is an Orange County resident. On May 30 we met with Mr. Daniel to discuss his and other related work in groundwater research in our area. In summary, Daniel indicated that there is substantial data available for non-detailed generalizations about groundwater, but that further detailed work - in the form of a local groundwater study - might be needed to accomplish the goals set out by the Board of Commissioners . It is my understanding that you will also be scheduling a similar meeting with Dave Moreau to receive his thoughts on this project. Mr. Daniel has indicated his interest in possibly providing us technical assistance in our research through USGS . In summary, our work plan at this time is to continue to assess the new resources that have been discovered, and solicit the comment of area "experts" in groundwater issues to determine what questions can be answered from existing data, and what will need further study. Meg and I will be available to provide a status report to the Board on this subject when appropriate. Attachments copies : Marvin Collins, Planning Director Gene Bell, Comprehensive Planner III Meg Scully, Comprehensive Planning Intern S A BRIEF OVERVIEW OF GROUNDWATER RESOURCES IN THE NEW HOPE AND SOUTHERN TRIANGLE SECTIONS OF THE RURAL BUFFER. The purpose of this document is to provide a brief overview of groundwater supply in the portions of the Rural Buffer where open space development options have been proposed. This overview draws on three sources, shown on page 3 . Groundwater is critical to the availability of potable drinking water for many citizens - in the form of individual well water, and as a partial or complete supply for many small towns. Almost 1/2 of the state's population and 102 of the state's municipalities rely in total or in part on groundwater supplies (Milton Heath, 1980) . Groundwater is found in the form of aquifers, which may best be visualized as an underground grid of regolith (soils) or rock stratum (bedrock formations) that contain and transmit. water. An important consideration is the interconnectedness of the aquifer. In our region, the overall aquifer is fairly well connected in the Piedmont formation known as the Carolina Slate Belt. This geologic formation has a low-moderate average yield of water compared to other formations, but adequate potential as a groundwater source. This particular type of formation is found in most of the Rural Buffer with the exception of the eastern fringe along the Durham County line. This eastern fringe of the buffer has very different characteristics. This area, known as the Triassic Basin, has more restricted groundwater availability. The Triassic basin soils are found in southern Durham County and eastern Chapel Hill Township. Therefore, in terms of the Rural Buffer, this would include the "Southern Triangle" and the portion of the buffer along Erwin Road and easternmost Whitfield Road. Therefore, the two subareas of the Rural Buffer under consideration for open-space development options (the New Hope basin and the "Southern Triangle" ) have different groundwater potentials. The remainder of the New Hope basin does have a hydrogeologic unit that likely will transmit water adequately for a development pattern such as that found (or proposed) in the Rural Buffer. In contrast, the "Southern Triangle" has the considerably-poorer Triassic basin aquifer. The locations of these hydrogeologic areas can be seen on the attached map. 1 f 6 The relatively-poor potential of Triassic soils for groundwater does not indicate that these soils cannot be used for wells (individual or community) . It does indicate that the yield in these areas will be less than average, and that most of the available groundwater will be found in the upper layers of regolith. One question relating to groundwater and the Rural Character development proposals stands out: What is the potential for significant "drawdown" on the groundwater supply from open- space developments with community wells? Although the answer cannot be definitively stated, it is possible to draw limited, qualified conclusions . 1. in 95% of the New Hope Creek basin, the use of appropriately permitted and designed community wells should not cause significant depletion of groundwater beyond that which would occur under the current development pattern. The adequate availability of groundwater resources in this area, coupled with the ease of replenishment in interconnected rock strata, should provide adequate groundwater as long as the overall low density of development is maintained and regional drawdown does not increase significantly. 2. In the "Southern Triangle" and in the area near Erwin Road, the Triassic soils and their shallow groundwater availability will require that well-siting be more precise as to location. In these areas, community wells could have a localized effect on groundwater supplies, although this would likely be short-term until aquifers are recharged. Protection of recharge areas, while important in all areas, takes on increased importance in the Triassic areas. It terms of the open-space development options proposed, it should be noted that these Triassic areas are: 1) in areas which are largely "undevelopable" (Corps of Engineer land, flood-prone soils) ; and 2) not in corridors which would appear to be suitable for the potential development of Rural Villages (as per the Rural Character Study Committee's recommendations) . In summary, this brief report does not attempt to assess the long-term and regional implications of the increased use of 2 P T 7 groundwater on a comprehensive scale. Certainly, the depletion of this critical resource is and will continue to be affected by development across the Piedmont, and the nation as well. On a local scale however, the overall low-density in the Rural Buffer should ensure groundwater supplies are not unduly depleted. As mentioned earlier, this is more problematic when dealing with the areas in Triassic soils in the Southern Triangle and Erwin Road. However, since many of these areas are not developable, effects should be minimal. For the remainder of the buffer, even the most-dense development option (the Rural village) is less than one unit per acre. Based on calculations from available sources, this would mean that, for any given square mile in the New Hope basin (outside of the Triassic "corner" ) , maximum consumption would be less than 50% of the available groundwater supply on a per day average. Further evaluation into groundwater availability across the County is being pursued by staff. With further work, it may be possible to more definitively evaluate availability and potential for pollution_of our groundwater resources . SOURCES: Telephone Conversations with Groundwater Specialists, North Carolina Division of Environmental Management, Groundwater and Water Resources Sections, November 1989, October 1990 . Groundwater Su 1 Potential and Procedures for Well-Site Se ecti U er Cg­ Fear, Cape Fear Basin Study, 1983 . An A aisal of the Groundwater Resources of the Upper Ca e Fear Basin Groundwater Bu letin Number Survey, 1974. 20, U.S. Geological Statisti a 1 Ana sis Relatin We11 Yield to Co st uction P acti e a ad Siti of Wells in the Piedmont and B ue Rid e P ovinces o Nor h Carolina, U.S. Geological Survey and State of North Carolina Department of Natural Resources and Community Development, 1987 . Related Work by Milton Heath, Institute of Government, 1980. pds/101790/dsll 3 Wa JO os . Al Ko 9 Relevant Sourc s for- Orancze Countv Groundwater Analysis Allen E.P. and Wilson W.F. . 1968. Geolo and Mineral Resources of Orange County_, North Carolina. North Carolina Department of Conservation and Development, Division of Mineral Resources, Bulletin 81. Raleigh, North Carolina. Bain G.L. . 1966. geology and Ground-Water in the D-2u ham Area North Carolina. Ground-Water Bulletin Number 7. U.S. Geological Survey, North Carolina Department of Water Resources. Daniel C.C. III. 1987. Statistical Analysis Relating Well Yield to Construction Practices and Siting of Wells in the Piedmont and Blue Ridge Provinces of North Carolina. U.S. Geological Survey, Water Resources Investigation Report 86-4132. Daniel C.C. III. 1990. Evaluation of Site--Selection Criteria Well Design Monitoring Techni ues and Cost Analysis for a Ground-Water Su 1 in Piedmont Cr stalline Rocks North Carolina. U.S. Geological Survey Water-Supply Paper 2341-B. Daniel C.C. III. and Payne R.A. . 1990. Hydrogeologic Unit Man of the Piedmont and Blue Rid a Provinces of North Carolina. U.S. Geological Survey Water-Resources Investigations Report 90-4035. Prepared in cooperation with the NCDEHNR. Raleigh, North Carolina. DiNovo F. and Jaffe M. . 1984. Local Groundwater Protection Midwest Regign. American Planning Association. Washington, D.C. , Chicago, Illinois. Floyd E.O. and Peace R.R. . 1974. An APRraisal of the Groundwater Resources of the U er Ca a Fear River Basin North Carolina. Groundwater Bulletin Number 20. U.S. Geological Survey and the North Carolina Office of Water and Air Resources. LeGrand H.E. . 1984. Ground Water and its Contamination in North Carolina with Reference to Waste Management. An Instructional Handbook. Moreau D.H. and Danielson L.E. . 1990. Agricultural Pesticides and Groundwater in North Carolina: Identification of the Most vulnerable Areas. Water Resources Research Institute of the University of North Carolina. Office of Water Resources, North Carolina Department of Natural Resources and Community Development. February 1983 . Upper Neuse River BA-Sin Studv. Phase I Report. Raleigh, North Carolina. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item Date: September 31 SUBJECT: ComprehensivenHousing AffordabilitylStrategy DEPARTMENT: Housin /Comm` - -------HEAR----------------------- ------------------------ --Dev PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION_ _____________________ Brief Summary RMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER- Hillsborough - 732_8181 Chapel Hill - 968-4501 Mebane - 227-2031 --------------------------------- Durham - 688-7331 PURPOSE: To inform the BOCC of-- ---------------------------' Housing Affordability Strategy foreOrangeC County ealong with the Towns of Chapel Hill, Carrboro and Hillsborough. g th BACKGROUND: The new National Affordable Housing Act of 1990 replaces many of the new old HUD housing assistance programs and provides new opportunities for local governments to provide housing assistance to their low/moderate income residents. In order to participate in the new housin developed as a result of this Housing Bill,pthe U.S.being Department of Housing and Urban Development requires local jurisdictions to prepare a Comprehensive Housing Affordability Strategy (CHAS) which assesses housing needs in a jurisdiction and outlines future plans/strategies to address these identified needs. Staff from Orange County, Chapel Hill, Carrboro and Hillsborough have been meeting to discuss the implications of the new Housing Act for Orange County housing initiatives. It was concluded that in order to receive maximum benefit from the potential new housin Orange County should develop a CHAS which wouldpincl de,the housing needs and strategies for all localities in the County. Thus, staff has begun developing a Consolidated Comprehensive Housing Affordability Strategy for Orange County. RECOMMENDATION(S) : The Manager recommends receiving this report as information. 2 gIIMMARY OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 NAHA The main objective of the National Affordable Housing Act of 1990 (NAHA) is "to reaffirm the long-established national commitment to decent, safe, and sanitary housing for every American by strengthening a nationwide partnership of public and private institutions." It replaces many of the old HUD housing assistance programs and provides new opportunities for local governments to provide housing assistance to their low/moderate income families. What' s new about MEM- There are four new concepts that p broad changes in the way the federal government will approach the provision of affordable housing. * Local matching funds required for participation in all new programs. This matching requirement ranges from 1 local dollar for each 2 federal dollars in new construction programs to 1 local dollar for each 4 federal dollars for rental assistance and moderate rehabilitation. Grant local funds match m by may be the value community Development Block of land or public improvements included in a project. Decentralization of funding to local areas. Each local government desiring funds under the NAHA must adopt its own set of policies and design its own programs through preparation of a Comprehensive Housing Affordability Strategy (CHAS) . * on Emphasis homeownership opportunities. There are three p in NAHA, each with separate homeownership programs slightly different rules and qu alifications. In addition, NAHA encourages social forms of ownership, especially through Community Housing Development Organizations (CHDO) , like Orange Community Housing Corporation. An example would be the sale of p ublic housing to eligible tenants. * Empowerment of recipients of housing assistance, meaning that housing assistance alone cannot meet the needs of low income individuals and families. NAHA encourages programs that link housing with social cservices, such as job training, child care, counseling, and other ways to improve the lives of residents in assisted housing. R 3 What housia Or o rams will be available? * HOME Program * HOPE I (Public Housing Homeownership) Program * HOPE II (Homeownership of Multifamily Units) Program * HOPE III (Homeownership of Single Family Units) Program * Low-Income Housing Preservation Program * Shelter Plus Care Program * Supportive Housing for the Elderly Program (Old Section 202 Elderly Program) * Supportive Housing for Persons with Disabilities (Section all) Program * Emergency Shelter Grant Program * Supplemental Assistance for Facilities to Assist the Homeless (SAFAH) Program * Transitional Housing Program When will funds be available? Congress is expected to provide funds to implement the Act in October, 1991. What local lannia is re fired? In order to direct funding for any of the above programs, local jurisdictions must prepare a Comprehensive Housing Affordability Strategy (CHAS) . The CHAS is a comprehensive planning document that identifies a jurisdiction's overall needs for affordable and supportive housing and outlines a five year strategy to address those needs. The five parts of the CHAS are: 1) the Needs Assessment, 2) Market and Inventory Conditions, 3)Strategies, 4)Resources, and 5) Implementation. Specifically, the CHAS must include the following statutory elements: 1. A description of housing needs; 2. The nature and extent of homelessness; 3. Market characteristics; 4 . The effect of public policies on housing affordability and availability; 5. The public and private structures that will be used to implement proposed strategies; 6. Plans for cooperation between state and local bodies; 7. A description of public housing inventory; S. Available resources; 9. Plans for leveraging local resources with federal dollars; 10. State coordination of Tax Credits; 11. Tenant management/ownership of public housing; 12. Local monitoring of authorized activities and ensuring long term compliance with provisions of NAHA; 4 13 . Plans for affirmatively furthering fair housing; 14. Anti-displacement/Relocation certification; 15. An estimate of the number of families who will benefit from housing initiatives. Housing staff in Orange County, Chapel Hill, Carrboro and Hillsborough have been meeting to discuss the feasibility of preparing a Comprehensive Housing Affordability Strategy which would address the entire County. We are proceeding with this approach and expect to have a draft CHAS available for public comment by September 15, 1991. Information for this document is being taken from available housing task force studies and census data. r 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No Meeting Date: September 3, 1991 SUBJECT: Triangle Transit Authority Vehicle Tax ------------------------------- DEPARTMENT County Manager PUBLIC HEARING YES NO X ------------------------------- ATTACHMENT(S) INFORMATION CONTACT Triangle Transit Authority Letter Rod Visser, ext 2300 Proposed Resolution TELEPHONE NUMBER House Bill 80 Hillsborough 732-8181 Vehicle Tax Implementation Schedule Chapel Hill 968-4501 Triangle Transit Budget Memo Mebane 227-2031 Triangle Transit Public Hearing Minutes Durham 688-7331 PURPOSE: To consider adopting a resolution approving the levying of a $5 tax per vehicle with proceeds supporting the Triangle Transit Authority. BACKGROUND: During the 1991 Session, the General Assembly ratified House Bill 80, which authorized the Triangle Transit Authority to levy a vehicle registration tax of up to $5 per vehicle. The provisions of the legislation require that the Boards of Commissioners of Orange, Wake, and Durham Counties approve a certain tax rate before the Triangle Transit Authority can legally impose the tax. The proposed resolution would secure Orange County's required approval for a $5 tax. The letter from the Triangle Transit Authority requesting the $5 tax rate also outlines the Authority's request for $100, 000 in additional contributions from local governments within the jurisdiction of the authority.- These funds are needed, along with DOT grant funds and operating revenues, to support the Authority's 1991-92 budget. Because of anticipated lags that would delay receipt of revenues from the proposed $5 tax until the end of FY 1991-92, the Authority believes that it would need the funding from local governments to finance its operations this year. The Orange County share of this funding is proposed at $13,500. No action on this aspect of the Authority's request is proposed at this time. However, an agenda item in the near future will address the Authority's request for additional funding. RECOMMENDATION(S) : The Manager recommends that the Board adopt the attached resolution approving the levying of a $5 vehicle registration tax. 2 TRIANGLE TRANSIT AUTHORITY August 22 , 1991 The Honorable Moses Carey Chairman Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Mr . Carey: Following a public hearing on August 15 , the Triangle Transit Authority Board of Trustees decided to recommend a $ 5 tax rate for the vehicle registration tax. As required ty the legislation passed earlier this year by the General Assembly, the regional transit authority cannot levy a tax until that tax has been approved by the Special Tax Board and by each of the Boards of County Commissioners . Enclosed for your review are the proposed joint resolution by the County Commissioners adopting the tax; a copy of the tax legislation; a schedule of implementation of the tax; the General Manager' s tax rate recommendation; and the minutes of the August 15 public hearing. The Board of Trustees requests your consideration of the joint resolution during September . At the August 15 meeting, the board of Trustees also approved an amended FY 1991-1992 budget . The budget plan ( copy enclosed) requires a total of $ 416 , 700 in public funds . These funds will come from $ 171 , 750 in carry over NCDOT grant funds not used in FY 1990-1991 ; $ 144 , 950 in additional NCDOT funds ; and $ 100 , 000 in funds from local governments. This request is necessary because of the legislative restrictions as well as the timing of receipt of vehicle registration tax funds . The Authority proposed that the $ 100 , 000 in local funds be requested from each of the three counties in proportion to 1990 population estimates . The Orange County share is $13 , 500 . The Board of Trustees envisioned that the County and the Town of Chapel Hill would share the contribution by mutual agreement . The Board of Trustees requests a decision by November I . Suite 206,50 Park Offices P.O.Box 13787,Research Triangle Park,NC 27709 (919)549-9999 3 The Board of Trustees and I would be glad to discuss our tax rate recommendation and funding request with the County Commissioners. If you have any questions, please call Jim Ritchey at ( 919) 549- 9999. Thank you for your continued support. Sincerely, l0-" Wilbur P. Gulley Chair Enclosures cc: The Honorable Jonathan Howes Mr. Calvin Horton Mr. John Link 4 A CONCURRENT RESOLUTION WHEREBY, DURHAM, ORANGE AND WAKE COUNTIES APPROVE THE LEVY OF A VEHICLE REGISTRATION TAX BY THE RESEARCH TRIANGLE REGIONAL PUBLIC TRANSPORTATION AUTHORITY WHEREAS, on December 1, 1989, the Research Triangle Regional Public Transportation Authority was chartered pursuant to General Statute 160A-602 after concurrent resolution by Durham, Orange, and Wake Counties; and, WHEREAS, on July 13, 1991, the General Assembly of North Carolina ratified and enacted House Bill 80 as Chapter 666, which shall be known and may be cited as "an Act to Authorize a Regional Public Transportation Authority to Levy a vehicle Registration Tax," and referred to herein as the "Tax Act" ; and, WHEREAS, Durham, Orange, and Wake Counties, respective major municipalities, the general public, and other interested parties, both public and private, have actively and consequentially participated in the regional issue and consensus development process fundamental to the establishment of the Research Triangle Regional Public Transportation Authority and the ratification of the Tax Act; and, WHEREAS, the purpose of the Research Triangle Regional Public Transportation Authority is to finance, provide, operate, and maintain a safe, clean, reliable, and economically and environmentally sound public transportation system for Durham, Orange, and Wake Counties in order to enhance mobility in the Research Triangle region and to encourage sound growth patterns; and, WHEREAS, after proper public notice, the Research Triangle Regional Public Transportation Authority Board of Trustees conducted a public hearing on August 15, 1991, as required by the Tax Act; and, WHEREAS, the Research Triangle Regional Public Transportation Authority Board of Trustees and General Manager recommended a tax rate of $ 5 per motor vehicle; and, WHEREAS, the Research Triangle Regional Public Transportation Authority Special Tax Board approved a tax rate of $ 5 per motor vehicle on August 28, 1991; and, WHEREAS, General Statute 160A-623(j ) requires that the Board of County Commissioners of each county organizing the Authority pass a resolution approving the levy of the tax; and WHEREAS, it is understood that this concurrent resolution shall not be considered fully adopted until such time, if any, as its three counterparts are adopted by the Boards of Commissioners of Durham, Orange, and Wake Counties. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that the vehicle registration tax of $ 5 per motor vehicle is approved. 4 GENERAL ASSEMBLY OF NORTH CAROLINA 1991 SESSION RATIFIED BILL CHAPTER 666 HOUSE BILL 80 AN ACT TO AUTHORIZE A REGIONAL TRANSPORTATION AUTHORITY TO LEVY A VEHICLE REGISTRATION TAX. The General Assembly of North Carolina enacts: Section 1. G.S. 160A-613 reads as rewritten: "§ 160A-613. Funds. (a) The establishment and operation of an Authority are governmental functions and constitute a public purpose, and the State of North Carolina and any unit of local government may appropriate funds to support the establishment and operation of the Authority. The State of North Carolina and any unit of local government may also dedicate, sell, convey, donate or lease any of their interests in any property to the Authority. (b) The Authority may levy an annual vehicle registration tax not to exceed rive dollars($5 00) per vehicle in accordance with G.S. 160A-6223_" Sec. 2. Chapter 160A of the General Statutes is amended by adding a new section to read: 160A-623. Regional Transportation Authority registration tax. (a) Tax Authorized In accordance with this section, an Authority organized under this Article may levy an annual license tax upon any motor vehicle with a tax situs within its territorial jurisdiction as defined by G.S._160A-602. (b) Purpose. The purpose of the tax levied under this section is to raise revenue for capital and operating expenses of an Authority in providing a public transportation system. c Amount of Tax. The annual levy under this section must be a full dollar amount but may not exceed five dollars 5.00 per year. (d) Procedure for Lew. The Board of Trustees of an Authority may levy the tax provided by this section by passage of a resolution, after not less than 10 days'_public notice and after a 12ublic hearing- Collection of the tax, and-liability therefor, shall begin and continue only on and after the first day of a calendar month set by the Board of Trustees in the resolution levying the tax, which shall in no case be earlier than the first day of the third calendar month after the adoption of the resolution. The Board ,Trustees upon adoption of the resolution, shall cause a certified copy__ of the resolution to be delivered immediately to the Division of Motor Vehicles. (e) Collection of Tax. Upon receipt of the resolutions under Subsections (d) and (j). Division of Motor Vehicles shall proceed to collect and administer the tax. The tax is due at the same time and subject to the same restrictions as in G.S. 20-87 (1). (2)_(4). (^ SL_(6) and (7) and G.S. 20-88. The Commissioner of Motor Vehicles may adopt such rules as are necessary and proper to implement this section. (f Modification or Repeal of Tax. The Board of Trustees may, by resolution terminate the levy of the tax under this section, or increase or decrease the amount of 5 the tax. under the yams )rocedures as i)roviil(:d in subsection d of this section and sub ect to the limitations provided in subsections and of this section, I, ' Collection of the increased or decreased tax. and liability therefor. shall begin and continue only on and after_ the first duty of a calendar month set by the Board of Trustees in the resolution increasing- or -reducing the tax which shall in no case be earlier than the first day of the third. calendar month after the adoption of the resolution. The effective elate of the termination of the tax shall be only on and after the first day of a calendar month set by the Board of Trustees in the resolution term inatingthe tax which shall in no case he earlier than the first day of the third calendar month after the adol2tion of the resolution. No liability_. for any tax levied under this section which shall have attached prior to the effective date on which a levv is terminated or reduced shall be discharized as a result of such termination or reduction and no right to a refund of tax or otherwise which shall have accrued prior to the effective date on which a levv is terminated or reduced shall be denied as a result of such termination. Vehicles Sub•ect to Tax. Only vehicles required to pay a tax under G.S.-20- 87 1 2 4 5 6 and 7 and G.S. 20-88 shall be subject to the tax provided by this section. Taxes shall be prorated in accordance with G.S. 20-66 or G.S. 20-95 as applicable. - h Tax Situs. The fact that the county listed b • the owner under G.S. 105-314 as the county where the vehicle is subject to ad valorem taxation is within the territorial jurisdiction of the Authority shall be prinia facie evidence that the vehicle has a tax situs within the territorial jurisdiction of the Authority-. i Distribution of Proceeds. Taxes aid under this section shall be credited to a special fund and the net proceeds disbursed Quarterly to the appropriate Authorit . Interest credited to the fund shall be disbursed quarterly to the Highway Fund to reimburse the Division of Motor Vehicles for the cost-of collecting and administering, the tax, 6-1) Limitation on Expenditures. Of the proceeds of the tax the Authority may not expend more than two percent„(,211/0 on_ administrative expenses. When Special Tax Board and Board of County Commissioners Authorization Necessarv, No Authority may adopt a resolution to levy_ any tax under this section, or to increase the amount of the ley , unless the special tax board of that Authority and the board of county commissioners of each county organizing the Authority have first passed a resolution approving the levy or increase except where the ley or increase in tax is necessary for debt service on bonds or notes that special tax board and each of the boards of county commissioners had previously approved- under G.S. 159-51. The Special Tax Board and Board of Count Commissioners u on ado tion of the resolution shall cause a certified copy of the resolution to be delivered immediate) to the Authority and to the Division of Motor Vehicles,." Sec. 3. G.S. 105-314(a) reads as rewritten: "(a) Every motor vehicle owner applying to the State Division of Motor Vehicles for motor .vehicle license tags, or for renewal of such. shall specify in the application the county in which each such motor vehicle is subject to ad valorem taxation. If any such vehicle is not subject to ad valorem taxation in this State, that fact, with the reason therefor, shall be stated in the application. No State license tags shall be issued to any applicant, or renewed for such applicant until the requirements of this subsection have been met. It shall be a misdemeanor to knowingly make a false statement in the application as to the information required to be supplied by this section." Sec. 4. Chapter 160A of the General Statutes is amended by adding a new section to read: " 160.E-624. Recommendation of additi»gal revenue sources. 2 House Bill 80 The Authoritv may make recommerdittions to the General Assembly concerninL9 6 additional revenue sources, including, but not limited to: H Annual vehicle registration fees• Ad valorem taxes: 3 Local land transfer taxes-, 4 Drivers license fees: 5 Sales taxes on automobile parts and accessories, and 6 Motor fuels taxes. Anv additional revenue sources for an Authority must be Oproved by the General Assemblv." Sec. 5. G.S. 160A-617 is rewritten to read: "§ 160A-617. Bonds and notes authorized. In addition &f to the powers granted by this Article, the authority may issue bonds and notes pursuant to the provisions of the Local Government Bond Act and the Local Government Revenue Bond Act for the purpose of financing public transportation systems or any part thereof and to refund such bonds and notes, whether or not in advance of their maturity or earliest redemption date. Any bond order must be approved by resolution adopted by the special tax board of the Authority and in the case of a bond order under the Local Government Bond Act also_bv the board of county commissioners_of each county organizing the authority. To pay any bond or note issued under the Local Government Bond Act, the Authority may not pledge the levy of any ad valorem tax, but only a tax or taxes it is authorized to levy." Sec. 6. G.S. 159-51 as amended by Chapter 325, Session Laws of 1991, reads as rewritten: "§ 159-51. Application to Commission for approval of bond issue; preliminary conference; acceptance of application. No bonds may be issued under this Article unless the issue is approved by the Local Government Commission. The governing board of the issuing unit shall file an application for Commission approval of the issue with the secretary of the Commission. If the issuing unit is a regional public transportation authority, the application must be accompanied by Et Feselatieff resolutions of the special tax board of that authority and of each of the boards of county commissioners of the counties organizing the he authority approving of the application. The application shall state such facts and have attached to it such documents concerning the proposed bonds and the financial condition of the issuing unit as the secretary may require. The Commission may prescribe the form of the application. Before he accepts the application, the secretary may require the governing board or its representatives to attend a preliminary conference to consider the proposed bond issue. If the issuing unit is a merged school administrative unit described in G.S. 115C-513, each county in which the merged unit is located may attend the preliminary conference. After an application in proper form has been filed, and after a preliminary conference if one is required, the secretary shall notify the unit in writing that the application has been filed and accepted for submission to the Commission. The secretary's statement shall be conclusive evidence that the unit has complied with this section." House Bill 80 3 7 See. 7. TTis a6t is affective upon ratification. _ In the General Assembly read three times and ratified this the 13th day of July, 1991. JAWS C !aARDNER James C. Gardner president of the Senate DANIEL $l.UE. AC Daniel Blue, Jr. Speaker °dt 1ht douse of kepresentativds 4 Rouse Bill 80 VEHICLE REGISTRATION TAX IMPLEMENTATION SCHEDULE August 9, 1991 General Manager Tax Rate Recommendation August 15, 1991 Public Hearing Conducted by Board of Trustees August 15, 1991 Board of Trustees Tax Rate Recommendation August 28, 1991 Special Tax Board Approval of Tax Rate September, 1991 Boards of County Commissioners Approval September, 1991 Board of Trustees Approval October 1, 1991 Notify Division of Motor Vehicles of Tax Implementation and Rate January 1, 1992 Vehicle Registration Tax Starts June, 1992 TTA Receipt of Tax Funds from Division of Motor Vehicles 1 TRIANGLE TRANSIT AUTHORITY 9 M E M O R A N D U M TO: Board of Trustees FROM: Jim Ritchey General Man er DATE: August 8 , 1991 SUBJECT: Recommended Tax Rate The attached three charts compare our expenditures over the -next four years with anticipated revenues. They contrast tax rate levels of $5, $4, or $4 for the first year and $5 thereafter. In completing this analysis, I have assumed that the regional bus service will start in December, 1992; that we will lease/purchase- 20 buses and an operating facility; that for FY 1994 and FY 1995 the base level of bus service will increase ten percent each year; that city and county governments will- contribute $ 100 ,000 each year; that vehicle registrations grow by 2% each year; and that the required fund balance for operations is 10% of total annual expenses. The analysis demonstrates that a $4 tax rate will not generate suf f icient funds. The plan of having the tax rate of $4 in FY 1993 and $5 in later years provides adequate operating funds but the fund balance is approximately 6% of total expenses. The $4/$5 plan will reduce tax revenues in FY 1993 by $ 554,715. The $5 generates adequate funds and larger fund balance. Over the 1993-1995 period, the fund balance should average $ 800,000 or. approximately 20% of total expenses. I recommend the $5 tax rate. This recommendation is based upon the budget information and the uncertainty of actual cash collections. Our estimate of tax collections is based upon NCDOT registrations as of June, 1991; however, we are uncertain as to the number of vehicles which may be exempted because of public ownership or other provisions of the law. My tax recommendation is also based upon a concern for flexibility in allowing the ridesharing program and planning function to grow with demands. The budgets only provide for three ridesharing staff persons and one planner. If the ridesharing program grows as it should and we embark on planning a fixed guideway system, these staffing levels are far too low. I look forward to discussing this analysis with you. Suite 206,50 Park Offices P.O.Box 13787,Research Triangle Park,NC 27709 (919)549-9999 10 Triangle Transit Authority Budget and Cash Flow Analysis $4 Tax Rate Service Costs FY 91 FY 92 FY 93 FY 94 FY 95 Regional Bus Service $0 Planning $0 $1,033 ,300 $1,782,442 $2;049,80 $47 663 Ridesharing $528$0 $576,079 $578,962 $82,87 , Vanpool Operations $144,417 $150,268 $156,386 $164,20 $79,499 $186,580 $205,240 $225,760 $237,04 Total Service Costs $132,385 $378, 660 $1,964,887 $2,743,551 $2,533,93 Administration Governing Board $15,567 $15,600 600 General Admin $81,732 $220,093 $240,363 $267,759 $281,147 $22,680 $23 ,81, Total Administration $97,299 $235,693 $261,963 $290,439 $304,96" Capital Transit Coaches $0 Vanpool Vans $0 $427,133 $707,616 $777,383 Operating Facility $139,766 $58, 500 $185,000 $194,250 $203 ,96= Equipment $0 $0 $250,000 $125 $50, OOC�OOp � $164, 69 Total Capital $139,766 $58,500 $1,026,824 $1,191,558 $1,196,03E TOTAL EXPENSES $369 450 ------------------------------------- $672,853 $3,253,674 $4,225,548 $4,034,933 Operating Revenue Bus Passengers $0 Vanpool Passengers $79,4$0 $186,580$135,621 $356,489 $512,45: $205,240 $225,760 $237,04E Total Operating Revenue $79,499 $186,580 $340,861 $582,249 $749,500 Grant and Tax Revenue NCDOT Demonstration $97,299 NCDOT Ridesharing $52,886 $144,417 $0 $0 $� NCDOT Capital $144,417 $75,134 $78,193 $82,10-, UMTA Planning $139,7fi6 - $0. . $227,682 $244,156 $119,604 City/County $0 $0 $375,000 $375,000 $C Vehicle Registration $100,000 $100,000 $100,000 $100,00C $0 Vanpool Fund Balance $0 $.2,218,860 $2,263,237 $2,308,502 $58,500 $92,500 $97,125 $101,981 Total Grants and Taxes $289,951 $486,273 $3,089,176 $3, 3 ___ _______ _ -------- 157,711 $2,712.,18 TOTAL REVENUES $369,450- - $672 853 `---------- ---------------------- $3,430,037 ..$3,739,960 $3, 461,690 Change in Fund Balance $0 $0 $176,363 ($485,588) ( $573,241 Year End Fund Balance $0 $0 $176,363 ($309,225) ( $882,467 Required Fund Balance $0 $0 $325,367 $422,555 $403,493 Excess Fund Balance $0 $0 ($149,005) ($731,780) ( $1,285,960 11 Triangle Transit Authority Budget and Cash Flow Analysis $4 Tax Rate FY 93 and $5 Tax Rate FY 94 FY 91 FY 92 FY 93 FY 94 FY 95 Service Costs Regional Bus Service $0 $0 $1,033,300 $1,782,442 $2,049,8( Planning $0 $47 ,663 $576,079 $578,962 $82,8" Ridesharing $52,886 $144, 417 $150,268 $156,386 $164,2( Vanpool Operations $79,499 $186,580 $205,240 $225,760 $237,0 Total Service Costs $132,385 $378,660 $1,964,887 $2,743,551 $2,533 ,9= Administration Governing Board $15,567 $15,600 $21,600 $22,680 $23 ,81- General Admin $81,732 $220,093 $240,363 $267,759 $281,11L Total Administration $97,299 $235,693 $261,963 $290,439 $304,9E Capital Transit Coaches $0 $0 $427 ,133 $707,616 $777,3F Vanpool Vans $139,766 $58,500 $185,000 $194,250 $203 ,9( Operating Facility $0 $0 $164,692 $164,692 $164,61 Equipment $0 $0 $250,000 $125,000-" $50 ,0( Total Capital $139,766 $58,500 $1,'026,824 $1,191,558 $1,196,0: TOTAL EXPENSES $369,450 $672,853 $3 ,253,674 $4,225,548 $4,034,9: Operating Revenue Bus Passengers $0 $0 $135,621 $356,489 $512, 41_ Vanpool Passengers $79,499 $186,580 $205,240 $225,760 $237 ,0L Total Operating Revenue $79,499 $186,580 $340,861 $582,249 $749,5( Grant and Tax Revenue NCDOT Demonstration $97,299 $183 ,356 $0 $0 a NCDOT Ridesharing $52,886 $144,417 $75,134 $78,193 $82,1C NCDOT Capital $139,766 $0 - $227,682 $244,156 - $1.19,60 UMTA Planning $0 $0 $375,000 $375,000 $ City/County $0 $100,000 $100,000 $100,000 $100,00 Vehicle Registration $0 $0 $2,218,860 $2,829,047 $2,885,62 Vanpool Fund Balance $58,500 $92,500 $97,125 $101,98 Total Grants and Taxes $289,951 $486,273 $3,089,176 $3,723,520 $3, 289,31 TOTAL REVENUES w ^$369,450 $672,853 $3,430,037 $4,305,769 $4,038 ,81 Change in Fund Balance $0 $0 $176,363 $80,221 $3,8( Year End Fund Balance $0 $0 $176,363 $256,584 $260,4E Required Fund Balance $0 $0 $325,367 $422,555 $403 ,45 Excess Fund Balance $0 $0 ($149,005) ( $165,971) ( $143,0 1 12 riangle Transit Authority Budget and Cash Flow Analysis $5 Tax Rate Service Costs FY 91 FY 92 FY 93 FY 94 FY 95 Regional Bus Service $0 Planning $0 $47,663$0 $1,033,300 $1,782,442 $2,049,806 Ridesharing $52,8$0 $576 079 $144,417 $150,268 $578,962 $82,87- Vanpool operations $79,499 $186,580 $205,240 $225,760 $2377,04Ec Total Service Costs $132,385 $378,660 $1,964,887 $2,743,551 $2,533 ,934 Administration Governing Board $15,567 $15,600 $21,600 General Admin $81,732 $220,093 0 $23,814 $240,363 $267267,,75759 $281,141 Total Administration $97,299 $235,693 $261,963 $290,439 $304,961 Capital Transit Coaches $0 $0 $427,133 Vanpool Vans $139,766 $58,500 $707,616 $777,381 Operating Facility $0 $185,692 $194,250 $203,96, Equipment $0 $0 $164,692 $164,692 $164,69 $0 $250,000 $125,000 $50,00C Total Capital Y--$139,766 $5$,500 $1,026,824 $1,191,5.58 $1,196,03E TOTAL EXPENSES $369 450- ---------------------------------------------- $672,853 $3,253,674 $4,225,548 $4,034,931 Operating Revenue Bus Passengers $0 $0 $135,621 Vanpool Passengers $79,499 $356,489 $512,452 $186,580 $205,240 $225,760 $237,04E Total Operating Revenue $79,499 $186,580 $340,861 $582,249 $749,50C Grant and Tax Revenue NCDOT Demonstration $97,299 $183,355 NCDOT Ridesharing $52,886 $0 $0 $0 NCDOT Capital $144,417 $75,134 $78,193 $82,103 UMTA Planning $139,766 $0 $227,682 $244,156 $119,604 City/County $0 $0 $375,000 $375,000 $0 Vehicle Registration $00 $100,000 $100,000 $100,000 $100,000 Vanpool Fund Balance $0 $2,773,575 $2,829,047 $2,885,627 $58,500 $92,500 $97,125 $101,981 Total Grants and Taxes `-y$289,951--`-$486,273--$3,643,891 $3,723,520 $3,289,315 TOTAL REVENUES $369,450 $672,853 $3 ,984,752-$4,305,769 -$4,038,815 Change in Fund Balance $0 $0 $731,078 $80,221 $3,884 Year End Fund Balance $0 $0 $731,078 $811,299 $815,183 Required Fund Balance $0 $0 $325,367 $422,555 $403 ,493 Excess Fund Balance $0 ,, $0 $405,710 $388,744 $411,69C 13 i PUBLIC HEARING ON VEHICLE REGISTRATION TAX TRIANGLE TRANSIT AUTHORITY BOARD OF TRUSTEES MEETING AUGUST 15, 1991 DREYFUS AUDITORIUM Triangle Transit Authority Board of Trustees Chair Wib Gulley opened the public hearing at 4:10 p.m. Mr. Gulley recognized General Manager Jim Ritchey to present the tax implementation schedule and tax rate options. Mr. Ritchey recommended that the Board of Trustees consider levying the full $ 5 tax rate available to them in order to cover estimated expenditures and provide for an adequate fund balance. Mr. Gulley then requested comments from the public regarding the vehicle registration tax. Mr. Gulley recognized Mr. Bill Holman, lobbyist for the North Carolina Public Transportation Association, the Conservation Council of North Carolina, and the North Carolina Chapter of the Sierra Club. Mr. Holman stated his appreciation to the staff and the Board of the Authority for allowing him to assist in the passage of House Bill 80 and expressed his support for the vehicle registration tax. Mr. Gulley thanked Mr. Holman for his hard work and support of the Authority and House Bill 80. Mr. Gulley recognized Mr. Frank Smiley, chair of the Transportation Committee of the Greater Durham Chamber of Commerce. Mr. Smiley stated that in December of 1990, the Durham Chamber of Commerce and their transportation committee expressed support of the Triangle Transit Authority and regional public transportation. In addition, he conveyed his support of the vehicle registration tax. Mr. Gulley thanked Mr. Smiley for his support and comments. Mr. Gulley recognized Ms. Virginia Forrest from Hillsborough. Ms. Forrest expressed her concern that the public cannot get to Hillsborough by public transportation. She asked where Hillsborough fit into the Triangle Transit Authority' s overall service plan of regional public transportation. Mr. Gulley then asked Ms. Marshall and Mr. Ritchey to provide Ms. Forrest with information about the Authority' s service plan once the public hearing concluded. Mr. Gulley thanked Ms. Forrest for her concern and ideas. i Mr. Gulley then recognized Mr. Roger Hart from Chapel Hill. Mr. 14 Hart stated that, as a taxpayer, he was delighted to pay the vehicle registration tax and would pay transportation for the area. Mr. Gulleyrthanked Mr.t Hart for ubls support of the Authority. Mr. Gulley asked for further comments from the public. There being none, the Public Hearing was closed. TRIANGLE TRANSIT AUTHORITY 15 s M E M O R A N D U M TO: Board of Trustees FROM: Jim Ritchey ? General Man er DATE: August 8, 1991 SUBJECT: FY 1992 Budget Revisited and Local Contributions when you approved the 1992 Budget, we required a total of $ 390,000 in additional state and local funds to balance the budget. The attached budget analysis compares the approved 1992 budget with a revised budget. During the past few days, I have worked with the Public Transportation and Rail Division staff and closely reviewed our planned expenditures. State staff has indicated a desire to reduce our proposed expenses by $ 72,000. I have accomplished this reduction by reducing travel expenditures for the General Manager, the Ridesharing Program, and the Board of Trustees; by reducing the proposed salary of the Transportation Planner from $ 55 ,000 to $40 ,000 ; by reducing- the amount for computer equipment from $12,500 to $ 5,000; and by delaying the hiring of the Transportation Planner and Administrative Assistant. This plan requires $ 186,337 in NCDOT funds and $ 100,000 in city/county funds. For the city and county funds, I propose that we request funds from each of the three counties based upon 1990 population estimates. The cities and the counties would then share the payment of these funds by mutual agreement. The breakout of the $100,000 would be as follows: Wake County $ 60,700 Durham County $ 25,800 Orange County $ 13 ,500 I request Board approval of this plan. Suite 206,50 Park Offices P.O.Box 13787,Research Triangle Park,NC 27709 (919)549-9999 16 TRIANGLE TRANSIT AU'T'HORITY REVISED FY 1992 BUDGET EXPENDITURES BY PROGRAM AND FUND Budget Actual Budget Revised General Fund ML 1991 FY 1991 pry x992 Fy 1992 Governing Board 25,400 15,567 21, 600 15,600 General Administration 159, 894 81,-732 230,211 Planning 60,500 - 0 - 212,593 General Fund Total: 44, 099 2 90, 540 45,794 97,299 342,351 272,292 Ridesharing Fund Marketing 57,969 52,886 146, 420 144, 417 Vanpool Operations 33 ,046 17 , 845 109, 390 109,390 Vanpool Maintenance 10, 450 5,806 18,320 Ridesharing Fund Total; 18, 320 101,465 76,537 274,130 272,127 Regional Bus Service Fund Operations - 0 - - 0 - 123 , 160 123 ,160 Regional Bus Service Fund Total: - 0 - - 0 - 123,160 123,160 Capital Projects Fund Capital Vehicles 161,228 139,766 58, 500 58_,500 pital Projects Fund Total: 161,228 139,766 58,500 58,500 TOTAL EXPENDITURES: 508,487 313,602 798,141 726,079 REVENUES BY PROGRAM AND FUND General Fund NCDOT City/County 245 ,794 97,299 141, 450 172,292 - 0 - - 0 - Other 0 - - 0 - 100,000 General Fund Total: 245,794 97,299 342,351 272,292 Ridesharing Fund NCDOT 57,969 52,886 146,420 144,417 Vanpool. Fares 77,709 79,499 186, 580 186,580 Fund Balance ( 34,213) ( 55,848) ( 58, 870) ( 58,870) Ridesharing Fund Total: 101,465 76,537 274,130 272,127 Regional Bus Service Fund, Rider Fares _ 0 N.C. DOA _ - 0 - 23 ,000 23,000 Town of Cary _ 0 _ - 0 - 39, 000 39,000 NCDOT 0 r - 0 - 6,000 6,Q00 UMTA 0 - 0 - 43, 040 43,040 Regional Bus Service Fund Total: - 0 0 12,120 12,120 ' 0 - 0 - 123,160 123,160 Capital Projects Fund Ridesharing Fund Balance - 0 NCDOT - 0 - 58,500 58,500 Capital Projects Fund Total: 161,228 139,766 - 0 - - 0 -- 161,228 139,766 58,500 58,500 TOTAL REVENUES: 508,487 313,602 798,141 726,079 17 FUND RESP OBJECT CD ACCOUNT DESCRIPTION 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 11 4110 GOVERNING BODY r PERSONNEL SERVICES 170 Board Compensation $6,350 $6,600 $6,600 $6,600 Board Travel $6,323 $6,000 $12,000 $12,000 Meeting Expenses $2,894 $3,000 $3,000 $3,000 TOTAL PERSONNEL SERVICES $15,567 $15,600 $21,600 $21,600 TOTAL GOVERNING BODY $15,567 $15,600 $21,600 $21,600 1 FUND REsp OBJECT CD ACCOUNT DESCRIPTION 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 18 11 4120 GENERAL ADKOOTRATION 100 PERSONNEL SERVICES 120 Salaries and wages 121 Salaries and wages $35,000 $94,670 $117,710 $128,330 130 Special Payments(Car allowanc $2,600 $3,900 $6,900 $6,900 180 Fringe benefits 181 FICA $2,678 $7,242 $9,005 $9,817 182 Pension $3,850 $10,414 $12,948 $14,116 183 Medical _insurance $935 $6,050 $9,075 $9,900 185 Unemployment $1,050 $2,840 $3,531 $3,850 186 Worker's Compensation $140 $379 $471 $513 189 Other fringe benefits $257 $5,348 $433 $472 190 Professional. Services 191 Accounting $2,700 $10,000 $15,000 $20,000 192 Legal $2,944 $5,000 $5,000 $7,500 195 Consultants $876 $7,500 $7,500 $7,500 199 Other Professional Services $0 $0 $0•_ $0 TOTAL PERSONNEL $53,030 $153,343 $187,573 $208,899 200 SUPPLIES AND MATERIALS 210 Household and cleaning suppli 220 Food and provisions 260 Office supplies and materials $1,516 $3,000 $3,500 $4,000 265 Office Equipment(non-cap) $1,291 $500 $750 $1,000 290 Other supplies and materials $345 $500 $750 $1,000 TOTAL SUPPLIES AND MATERIALS $3,151 $4,000 $5,000 $6,000 300 CURRENT OBLIGATIONS AHD SERVICES 310 Travel $3,987 $5,000 $6,000 $8,000 320 Communications 321 Telephone service $1,996 $7,100 $7,500 $8,000 325 Postage $1,797 $2,000 $2,500 $3,000 340 Printing and binding $1,148 $1,000 $1,250 $11500 350 Repairs and maintenance 355 Office equipment repair $0 $100 $100 $100 359 Other repairs 360 Freight 380 Data processing services $375 $720 $1,200 $1,500 390 Other services 391 Legal advertising ' $230 $700 $700 $700 393 Temporary help $6,549 $3,000 $1,000 $1,000 395 Employee training $100 $500 $500 $500 399 Other services TOTAL CURRERT OBLIGATIONS AND $16,182 $20,120 $20,750 $24,300 400 FIXED CHARGES AND OTHER SERVICES i 19 410 Rental of real property $5,146 $15,820 $16,890 $17,560 430 Rental of other equipment 440 Service and maintenance contr $50 $750 $800 $850 450 Insurance and bonding 451 Property and geu liability $538 $31300 $3,500 $3,700 452 Vehicles $0 $300 $300 $300 Public Officials $0 $3,000 $3,500 $4,000 453 Fidelity bonds $0 $1,210 $1,300 $1,400 460 Depreciation. 461 Depreciation office equipmen 462 Depreciation EDP equipment 465 Depreciation other equipment 490 Other fixed charges 491 Dues and subscriptions $270 $750 $750 $750 492 Bad debt ' 499 Miscellaneous TOTAL FIXED CHARGES AND OTHER $6,004 $25,130 $27,040 $28,560 500 CAPITAL OUTLAY 510 Office furniture and equipmen $3,365 $5,000 520 Data processing equipment $5,000 $75,000 550 Other equipment 570 Land 580 Buildings 590 Other structures and improvements TOTAL CAPITAL OUTLAY $3,365 $10,000 $75,000 $0 $315,363 $267,759 TOTAL OPERATING EXPENSES $81,732 $212,593 �JND RESP OBJECT CD ACCOUNT DESCRIPTION 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 20 ' 11 4190 PLANNING 100 PERSONNEL SERVICES 120 Salaries and wages 121 Salaries and wages $73,330 180 Fringe benefits $47,250 $49,613 181 FICA $1,785 $3,615 182 Pension $3,795 183 Medical insurance $2,566 $5,148 $5,457 185 Unemployment $1'925 $3,300 $3,300 $700 $1,418 $1,488 186 Worker's compensation $93 $189 189 Otber fringe benefits $198 $260 $260 TOTAL PERSONNEL $0 $30,399 $61,229 $64,112 200 SUPPLIES AND MATERIALS 260 Office supplies and materials 290 Other supplies and materials $1,000 $1,000 $1,000 TOTAL SUPPLIES AND MATERIALS $0 $1,000 $1,000 � $1,000 300 CURRENT OBLIGATIONS AND SERVICES 310 Travel $2,500 $3,500 W Printing and binding $3.500 370 $5'� $5,000 $5,000 Advertising and marketing 380 Data processing services $1,500 $1,500 $1,500 390 Other services 393 Temporary help $1,500 395 Employee training $1,500 $1,500 ra $500 $500 $500 399 Other services (graphics) $1,500 $1,500 $1,500 TOTAL CDUUM OBLIGATIONS AND $0 $12,500 $13,500 $13,500 400 FIXED CHARGES AND OTHER SERVICES 490 Other fixed charges 491 Dues and subscripums $200 $350 499 Miscellaneous $350 TOTAL FMD CHARGES AND OTHER $0 $200 $350 $350 TOTAL OPERATING EXPENSES $0 $441099 $76,079 $78,962 i 21 FUND RESP OBJECT CD ACCOUNT DESCRIPTION 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 66 4521 RIDESHARING ADMINISTRATION 100 PERSONNEL SERVICES 120 Salaries and wages 121 Salaries and wages $41,756 $87,675 $92,059 $96,662 181 FICA $3,239 $6,707 $7,042 $7,395 182 Pension $4,410 $9,644 $10,126 $10,6333 183 Medical insurance $2,151 $5,400 $5,400 $5,400 185 Unemployment $898 $2,630 $2,762 $2,900 186 Worker's compensation $154 $351 $368 $387 189 Other fringe benefits $258 $260 $260 $260 TOTAL PERSONNEL $52,866 $112,667 $118,018 $123,636 200 SUPPLIES AND MATERIM S 260 Office supplies and materials 290 Other supplies and materials TOTAL SUPPLIES AND MATERIALS $0 $0 $0 $0 300 CURRENT OBLIGATIONS AND SERVICES 310 Travel $6,000 $6,500 $7,000 325 Postage $4,150 $4,150 $4,150 340 Printing and binding $10,000 $10,000 $10,000 370 Advertising and marketing $3,000 $3,000 $3,000 380 Data processing services $500 $500 $500 390 Other services 393 Temporary help $4,750 $4,750 $4,750 395 Employee training $500 $500 $500 399 Other services (graphics) $2,500 $2,500 $2,500 TOTAL CURRENT OBLIGATIONS AND $0 $31,400 $31,900 $32,400 400 FIXED CHARGES AND OTHER SERVICES 490 Other fixed charges 491 Dues and subscriptions $350 $350 $350 499 Miscellaneous TOTAL FIXED CHARGES AND OTHER $0 $350 $350 $350 TOTAL OPERATING EXPENSES $52,866 $144,417 $150,268 $156,386 FUND RESP OBJECT CD ACCOUNT DESCRUMON 2 2 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 6b 4523 VMWL OPERATIONS 200 SUPPLIES AMID MATERIALS 250 Vehicle applies and materials 251 Fuels and lubricants $15,583 252 Tires and tubes $42,950 $47,245 $51,970 254 Licenses, tags, and fees $%9 $2,� $2,750 $3,025 255 Vehicle cleaning 12 $6,050 $6,655 $7,321 259 ean�.ng supplies $90 $250 $2"/5 290 � vehicle supplies (MVR) $178 $500 $550 $303 supplies and materials $164 7 $605 TOTAL SUPPLIES AND MATERIALS $1~ I$52,250 $,57 $63,223 `0 FIXED CHARGES AND OTHER SERVICES 450 Insurance and bonding 452 Vehicles 460 452 $150 $57,140 $57,140 $57,1.40 464 Depreciation motor vehicles 490 Otber fixed charges 492 Bad debt 499 Miscellaneous TOTAL FIXED CHARGES AND OTHER �$ $5 $57,140 $57,140 500 CAPITAL OUTLAY 540 Motor vehicles $58,500 $93,750 $93,750 TOTAL CAPITAL OUTLAY ~ � ---1 $58,500 $93,750 $93,750 TOTAL OPERATING EXPENSES $17,845 -- $167,890 $208,365 $214,113 23 FUND RESP OBJECT CD ACCOUNT DESC=ON 91 ACTUAL 92 BUDGET 93 BUDGET 94 BUDGET 66 4524 VANPOOL VEHICLE MAINTENANCE 200 SUPPLIES AND MATERIALS 250 Vehicle supplies and materials $2,853 $5,000 $6,600 $7 260 253 Parts 255 Vehicle cleaning supplies 259 other vehicle•supPlies $892 $2,000 $2,200 $2, 290 Other supplies and materials 'TOTAL SUPPLIES AND MATERIALS $3,745 $8,000 $8,800 $9,680 300 CURRENT OBLIGATIONS AND SERVICES 350 Repairs and maintenance 353 Vehicles - outside repairs $2,061 $6,000 $6,600 $7,260 360 Freight TOTAL CURRENT OBLIGATIONS AND $2,061 $6,000 $6,600 $7,260 TOTAL OPERATING EXPENSES $5,805 $14,000 $15,400 $16,940 $173,817 $554,500 $710,996 $676,797 1 24 FUND RESP OBJECT CD ACCOUNT DESCRIPTION 91 ACTU9I, 92 BUDGET 93 BUDGET 94 BUDGET 66 4523 REGIONAL BUS SERVICE 300 CURRENT OBLIGATIONS AND SERVICES 399 Other Services (Cary Express) $123,160 $1,033,300 $1,782,442 TOTAL CURRENT OBLIGATIONS AND $0 $123,160 $1,033,300 $1,782,442 TOTAL OPERATING EXPENSES $0 $123,160 $1,033,300 $1,782,442 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. V=.8 MEETING DATE SEPTEMBER 3, 1991 SUBJECT: BID AWARD; COMMUNICATIONS CONTROL CENTER DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES X NO ATTACHMENT(S) : INFORMATION CONTACT: DAVID CANNELL TABULATION EXT: 2651 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 ***** ********************3*33733 *******73*** *******3DURHAM *******688*7331 PURPOSE: To authorize the purchase of a Communications Control Center consisting of five ( 5) consoles for Enhanced 911. BACKGROUND: Funds have been generated through subscriber fees and held in the Enhanced 911 gund for the purchase of a Communications Control Center. Specifications were developed for a system that would meet Orange County's needs and a pre-bid conference was held on July 11, 1991. Six vendors attended the pre-bid conference. The pre-bid conference was conducted by Reid Whitten of RF Projects, a radio consulting firm with whom the County has recently contracted to evaluate the communications system. On August 16, 1991 bids were received from four bidders. Attached is a tabulation of that bid opening. MOTOROLA Communications and Electronics, Inc. submitted the lowest responsible bid. Their cost for the system delivered and installed is $141,776.00. The system will be functional and ready for training to begin on November 3, 1991. RECOMMENDATION: The Manager recommends the purchase of one Communications Control Center at a cost of $141,776.00 from MOTOROLA Communications and Electronics, Inc. 2 BID TABULATION FOR OFFICE USE: BID FOR: 6MM✓nrc 6�} Co�f�a� Ceh�r� BID AWARDED TO: CLOSING DATE: �"��' �� BID PRICE: CLOSING TIME: -3• O0 pM/ BUDGETED AMOUNT: I I I ToFd! CCUr I Qt,�r✓rr t of VENDOR i jgrM-s i �errvtr�. i �n I /-2O Q1"1 So t.3 0 tRu I 257 oa.oaco� t ` . I I I I I I cc,,,*%w,A"cpii,--j sp�G; �t.,+s I I nos,,, Y eS Qa l ei 1 Nc-t 3 0 /99/ ��A#.I "o 00 l ,a G,,,.,,.in ; �a t;o� I I N ov. w I o� Caf i h�ef.30 i l q `t l i.d'/5-9 773 aui j I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3, 1991 Action Agenda Item # SUBJECT: Vacation and Sick Leave Revisions to the Personnel Ordinance DEPARTMENT: Personnel PUBLIC HEARING: Yes R No ATTACHMENT(S) : INFORMATION CONTACT: 1 - Draft revised Article IV, Elaine Holmes, Personnel Director Section 5 . 0 "Vacation Leave" TELEPHONE NUMBERS: 2 - Draft revised Article IV, Hillsborough - 732-8181 Section 6.0 "Sick Leave" Durham - 688-7331 Mebane - 227-2031 3 - Current Article IV, Chapel Hill - 967-9251/968-4501 Section 5. 0 "Vacation Leave" 4 - Current Article IV, Section 6 . 0 "Sick Leave" PURPOSE: To propose revisions to the Vacation Leave and Sick Leave sections of the Orange County Personnel Ordinance. BACKGROUND: At the Board of Commissioners August 20, 1991 meeting, Personnel reported on proposed revisions to the Vacation and Sick Leave Sections of Article IV of the Personnel Ordinance. Draft revised Vacation Leave and Sick Leave sections' of Article IV of the Personnel Ordinance are included as Attachments 1 and 2 respectively. Shown on Attachments 1 and 2 in the left hand column (in boldface and parentheses) is a cross reference to the affected provision in the current Personnel Ordinance. The current Vacation Leave and Sick Leave sections of the Personnel Ordinance are provided as Attachments 3 and 4 respectively. At the August 20 meeting the Board requested additional information in relation to two of the policy Provisions . Those provisions and the information requested are outlined below. Z .. J VACATION LEAVE New Section 5 .4 - Accumulatinci Vacation Leave Currently Vacation Leave may not accumulate beyond 240 hours . On a monthly basis, any leave in excess of 240 hours is canceled. This revision provides that Vacation Leave may accumulate without maximum until January 31 of each calendar year. On that date any accumulated Vacation Leave in excess of 240 hours is canceled. As stated in new Section 5 . 8 . 1, the maximum amount of Vacation Leave paid out on termination continues to be 240 hours . The effect of the change is to provide more flexibility to employees and departments in scheduling Vacation Leave. The Board asked the number of employees with Vacation Leave balances of 240 hours . As of July 1991, 23 employees had balances of 240 hours . During Fiscal Year 1991-92, the number of employees at month' s end with Vacation Leave balances of 240 hours has averaged 52 . These employees represent a range of occupational groups . The chart below shows the distribution of these employees by occupation for December 1990 and July 1991 . Category Dec. 1990 July 1991 Administrative 9% 13% Support Officials and 9% 4% Administrators Paraprofessional 0% 9% Professional 24% 4% Protective Services 43% 44% Service/ 0% 22% Maintenance Skilled Craft 6% 0% Technicians 9% 4% The Board asked the financial impact of the proposed policy change. Because the policy stipulates that payment on termination will not be made in excess of 240 hours, there is no direct financial impact on the County. Such leave over 240 hours is not reported as a liability on the County' s financial statement. An indirect impact is that of scheduling and permitting employees to take leave that heretofore might have been cancelled because it could not be scheduled and taken 3 during the current month. However, .even with the change to the one year accumulation period, there still will be leave-' which is cancelled because it cannot be taken. The policy provides in new Section 5 .5 .2 that the scheduling of Vacation Leave must take the department's operating requirements into account. Because this policy revision provides employees more flexibility to use Vacation Leave, it should reduce demand for the Vacation Leave selling option which has been provided in past fiscal years . For Fiscal Year 1992-93, we will be recommending that the dollar cap on Vacation Leave selling be reduced. State government provides for the same Vacation Leave maximum accumulation policy as that proposed to the Board except that leave in excess of 240 hours is canceled as of December 31 rather than January 31 . SICK LEAVE New Section 6 .5 - Transferring Sick Leave Currently a new employee with proper approval may transfer up to 15 days Sick Leave from another local government or State agency in North Carolina. This revised section removes the 15 day limit. It provides that Sick Leave may be transferred if such transfer occurs within 12 months of employment with the local government unit or State agency. Employees are motivated to accumulate and retain such Sick Leave because it is creditable for retirement purposes. For equity reasons, it is recommended that this transfer provision be applied retroactively for current employees to July 1, 1985 (the date the Personnel Ordinance first permitted transfer of Sick Leave) . The Board asked the number of employees affected. Data currently available in Personnel covering the period January 1, 1987 to the present indicates about 20 employees would be affected. Data is not available for the period July 1, 1985 through December 31, 1986 . Exact data would require an employee survey and research of personnel records . The Board asked the amount of Sick Leave such employees would transfer. Data available as to the 20 employees indicates an average Sick Leave amount of about 216 hours per employee would transfer under the revised provision. 4 The Board asked the financial impact- of the change. There is no direct "financial impact and Sick Leave is not reported as a liability on the County' s financial statement. There are. two indirect impacts . One is that if the employee became sick the time could be used as Sick Leave like any other Sick Leave. The other is that the time may be used to qualify for a service retirement under the N. C. Local Government Employees Retirement System and may be used in calculating creditable service under that system. There is no pre-funding by the County for such Sick Leave credit and no direct charge back to the County for such credit. Ultimately the cost of retirement is shared on a system-wide basis through the employer and employee contributions . (The Retirement System advises that increasingly employers are accepting transfer of such leave because it is creditable for retirement purposes . ) The Board asked what other employers do as to Sick Leave transfer. In a February 1991 survey of 18 North Carolina governmental employers, 13 provided for transfer of Sick Leave. (Two of these are school systems who only accept transfer from school systems and state government. ) Of the 13 employers, 10 had no limit on transfer. These included Durham County and Wake County. Two of the 10 provided transfer with no limit for retirement purposes only. (We have been advised by the N. C. to Local Government Employees Retirement System that, be creditable for retirement purposes, the County must treat Sick Leave transferred as any other Sick Leave. ) Of the 13, three set a limit on transfer. The limits ranged from 7 days (unless an exception was granted) to 20 days. Recommendation: The Manager recommends the Board adopt the proposed revisions to the Vacation and Sick Leave Sections of the Personnel Ordinance effective October 1, 1991 . 5 ATTACHMENT 1 DRAFT REVISED ARTICLE IV SECTION 5 . 0 "VACATION LEAVE" 5 . 0 VACATION LEAVE-* 5 . 1 General The County provides Vacation Leave with pay for Permanent employees, both Full Time and Part Time (OLD (regularly, scheduled at least 20 hours each 5.0 workweek) . This includes an employee appointed to REVISED a permanent position serving a probationary & NEW) period. Temporary employees do not earn Vacation Leave. 5 .2 Using Vacation Leave Vacation Leave may be used for: (NEW) - Vacation or other personal reasons; (OLD - Sick Leave with the approval of the 5.4 supervisor; REVISED) - Absences due to adverse weather conditions (OLD 5.5 if the County Manager does not authorize REVISED) the use of Administrative Leave; of it - Funeral Leave for relatives not covered by the Funeral Leave provision of the Personnel Ordinance; (NEW) - Religious observance. 5 . 3 Earning Vacation Leave 5.3 . 1 Each Permanent employee earns Vacation (OLD 5.0 Leave based on the regular work schedule REVISED) and the total years of Orange County service as a Permanent employee. (OLD 5.0 5.3.2 The earning rate for a Permanent Full Time REVISED) employee regularly scheduled to work 40 hours each workweek is as follows : *Effective 10-01-91 .. 6 Total Years Of Vacation Hours Earned Oran a Count Service Per Month Per Year Less than 2 8 .0 96 . 0 2, but less than 5 9 . 6 115 . 2 5 but less than 10 12 .0 144 . 0 10 but less than 15 14 .4 172 . 8 15 but less than 20 16 . 8 201 . 6 20 or more 19 .2 230 .4 5 . 3 . 3 Vacation Leave earning is prorated for a Permanent employee working a regular work schedule other than 40 hours . The Personnel Department calculates such a prorated leave earning rate and provides it to the operating department involved. 5 . 3 . 4 Vacation Leave is earned in any month ('OLD 5.1 during which the employee works or is on REVISED) paid leave one-half or more of the work days in the month. 5 .4 Accumulating Vacation Leave Earned Vacation Leave may be accumulated without a (OLD maximum until January 31 of each year. On that 5.6 date, any accumulated Vacation Leave in excess of REVISED) 240 hours is cancelled. The maximum amount of Vacation Leave that can be carried forward to February 1 is 240 hours . 5.5 Approving Vacation Leave 5 .5 . 1 Vacation Leave may be taken only with the (OLD 5.7 approval of the employee's supervisor. The REVISED) department head may require his or her approval for any Vacation Leave. 5 .5 .2 The scheduling of Vacation Leave must (NEW) take the department' s operating requirements into account. (OLD 5 .5.3 Vacation Leave is taken in increments of 5.7 one-half hour (30 minutes) . REVISED) 5 .5 .4 A holiday is not charged as Vacation Leave (NEW) when it occurs during a period of scheduled Vacation Leave. 5 . 6 Responsibility The department head is responsible for maintaining (NEW) accurate Vacation Leave records, including the 7 verification of the Orange County "Leave Register" provided monthly, and for the application of the Vacation Leave provisions of the Personnel Ordinance. 5.. 7 Advancing Vacation Leave (OLD Vacation Leave may not be advanced before it is 5.2 earned unless approved in advance by the County REVISED) Manager. 5 . 8 Effect of Separation on Vacation Leave 5 . 8 . 1 Resignation, Layoff, Probationary Termination or Dismissal The employee is paid in a lump sum for (OLD 5.8 & Vacation Leave accumulated to the date of 5.9 REVISED) separation, not to exceed a maximum of 240 hours . If the employee has taken more Vacation Leave than earned, the employee reimburses the County for all such leave taken. 5 . 8 .2 Death A payment for accumulated Vacation Leave is (OLD 5.11 made in a lump sum, not to exceed 240 REVISED) hours, to the estate of a deceased employee. (DELETED PROVISIONS) (5.0 CHART) (5.2 FIRST AND LAST SENTENCE) (5.3) (5.10 SEE NEW 5.8.1) (5.12) s ATTACHMENT 2 DRAFT REVISED ARTICLE IV SECTION 6 . 0 "SICK LEAVE" 6 . 0 SICK LEAVE* 6 . 1 General The County provides Sick Leave with pay for Permanent employees, both Full Time and Part Time (regularly, scheduled at least 20 hours each (NEW) workweek) . This includes an employee appointed to a permanent position serving a probationary period. Temporary employees do not earn Sick Leave. 6 .2 Using Sick Leave Sick Leave may be used for: Physical or mental illness or injury which (OLD prevents the employee from performing the usual 6.1 duties, including a pregnancy-related REVISED) disability. Care of an ill member of the employee' s to " immediate family. For this purpose, immediate family is defined as the employee's spouse, parent or child. Medical or dental appointments, including those of necessary for the care of a member of the employee' s immediate family. (NEW) - Appointments with the Employee Assistance Program provider. 6 . 3 Earning Sick Leave (OLD 6 . 3 . 1 Each Permanent employee earns Sick Leave 6.6 based on the regular work schedule. REVISED) 6 .3.2 A Permanent Full Time employee regularly it if scheduled to work 40 hours each workweek earns Sick Leave at a rate of eight hours each month or 96 hours each year. *Effective 10--01-91 9 6 . 3. 3 Sick Leave earning is prorated for Permanent employee working a regular work schedule other than 40 hours . The Personnel Department calculates such a prorated leave earning rate and provides it to the operating department involved. (OLD 6 . 3 .4 Sick Leave is earned during any month in 6.7 which the employee works or is on paid REVISED) leave one--half or more of the work days in the month. 6 . 4 Accumulating Sick Leave (OLD 6.12 Unused Sick Leave is cumulative and there is no REVISED) maximum amount which may be accumulated. 6.5 Transferring Sick Leave (OLD 6 . 5 . 1 A new Permanent employee may transfer 6.10 earned, unused Sick Leave from another REVISED) local government unit in North Carolina or from a North Carolina State agency if the transfer occurs within 12 months of employment with that unit or agency. 6.5 .2 Any Sick Leave transfer requires proper (NEW) verification of accumulated Sick Leave by the unit or agency which the employee is leaving. The employee is responsible for obtaining such verification. 6.5 . 3 For Permanent employees as of October 1, 1991 this transfer provision is retroactive (NEW) to July 1, 1985 (the date the Personnel Ordinance first permitted transfer of Sick Leave) . 6 . 6 Reinstating Sick Leave (OLD A former Permanent Orange County employee who is 6.8 reinstated as a Permanent employee within one year REVISED) after separation is credited with previously accumulated Sick Leave, upon reinstatement. 6. 7 Approving Sick Leave (NEW) 6. 7 . 1 A request for Sick Leave requires the approval of the employee's supervisor. The department head may require his or her approval for any Sick Leave. (NEW) 6. 7 .2 The employee gives the supervisor reasonable advance notice of any absence 10 y Z for which Sick Leave is requested such as scheduled appointments or anticipated hospitalization. In this way, the supervisor may arrange for coverage during the employee's absence. 6 . 7 . 3 In the case of unexpected absence for which (OLD Sick Leave is requested, the employee is 6.2 responsible for notifying the supervisor of REVISED) the absence no later than during the first half-hour of work on the day of the absence. Employees in the Sheriff's Department, Emergency Management Services, Public Works, or others as necessary notify the supervisor prior to the time scheduled to go on duty in accordance with departmental operating procedures . 6 . 7 .4 The supervisor may require a physician' s (OLD statement regarding the nature of the 6.3 illness and the employee' s capacity to REVISED) resume work. (OLD 6 . 7 .5 Failure to notify the supervisor of absence 6.4 or improper use of Sick Leave may result in REVISED) loss of pay and/or disciplinary action. (OLD 6 .7 . 6 Sick leave is taken in increments of one- 6.11 half hour (30 minutes) . REVISED) 6 .7 .7 A holiday is not charged as Sick Leave when (OLD it occurs during the period the employee is 6.13 on Sick Leave. REVISED) 6 . 8 Responsibility 6 . 8 . 1 The department head is responsible for (OLD maintaining accurate Sick Leave records, 6.14 including the verification of the Orange REVISED) County "Leave Register" provided monthly, and for the application of these Sick Leave provisions. 6.8 .2 The department head assures that: - An employee is not on duty when he or she might endanger his or her health or the health of other employees; - An employee is not on duty when due to temporary disability or illness the employee cannot perform essential duties required of the job; 11 - There is no abuse of Sick Leave privileges . 6 . 8 . 3 The department head consults with Personnel (NEW) as appropriate in applying Section 6 . 8 .2 . 6 . 9 Advancing Sick Leave (OLD With the approval of the County Manager, Sick 6.15 Leave may be advanced up to a maximum of 12 days . REVISED) Such advance of Sick Leave is granted under extraordinary circumstances for reasons indicated in Section 6.2 . 6. 10 Effect of Separation on Sick Leave At separation, the employee receives no pay for (OLD accumulated, unused Sick Leave. If the employee 6.9 has taken more Sick Leave than earned, or if Sick REVISED) Leave has been advanced as in Section 6.9, the employee reimburses the County for all such leave taken. (DELETED PROVISIONS) (6.0 FIRST PARAGRAPH) (6.5) From Orange County Ordinance Published 9-6-90 ATTACHMENT 3 i • 12 - CURRENT ARTICLE IV, SECTION 5.0 VACATION LEAVE 5.0 VACATION LEAVE All employees in the County' s service, except part-time hourly and temporary employees appointed nor six months or less shall earn vacation leave according to their regular work week schedule and the number of years of County service: Hours Worked -- Per Week: 20 40 42 48 - Years of Service Hrs/Mo. Hrs/Yr. Mo. Yr. Mo. Yr. Mo. Yr. under 2 4 . 0 48 . 0 8 . 0 96 . 0 8 . 4 100 . 8 9 . 6 115 . 2 5 4 . 8 57 . 6 9 . 6 .115 .2 . 10 .2 120 . 0 11..5 138 . 0 10 6 . 0 72 . 0 12 . 0144.. 0 .12 . 6 151.2 14 . 4 172 . 8 15 7 . 2 86 . 4 14 . 4 172 . 8 15 . 1 181 . 2 17 . 2 206 . 4 20 8 . 4 100 . 8 16 . 8 201 . 6 17 . 6 211 . 2 20 . 1 241 . 2 over 20 9 . 6 115 . 2 19 . 2 230 . 4 19 . 2 241 . 2 23 . 0 276 . 0 5 . 1 Vacation leave is earned during any month in which the employee works at least one-half the work days within that month . 43 13 5 .2 All vacation leave is leave with pay- Vacation leave will not be advanced before it is earned. Cash payments in lieu of taking vacation will not be permitted. 5 .3 Vacation leave that will exceed three consecutive work days, shall be requested by the employee at least two weeks prior to the date the vacation is to begin. 5 .4 Vacation -leave may be used for -A ck leave -purposes upon the approval of the department head. 5 . 5 Vacation leave should be used for absences due to adverse weather conditions if the County Manager does not authorize the use--of administrative leave; and for funeral leave of distant relatives . 5 . 6 Vacation leave may accumulate to a maximum of thirty ( 30 ) days or 240 hours . when the maximum has been accumulated, no additional vacation leave will be earned until some of the accrued leave is taken. 5 .7 Vacation leave may be taken with the approval of the department head, and must be taken in increments of one-half hour (30 minutes ) . 5 . 8 Upon submission of an employee' s resignation, the employee will be paid for vacation leave accumulated to the date of separation. Vacation pay will not exceed a maximum of thirty ( 30 ) days or 240 hours . 5 .9 At the time of separation, if an employee has taken more vacation leave than earned, the employee must pay the County for all extra leave taken. 5 . 10 For involuntary separation due to failure in performance of duties, or personal conduct, accumulated annual leave may be paid, given the circumstances of each employee' s case at the discretion of the County Manager. 5 . 11 Accumulated vacation leave payments will be made to the estate of a deceased employee for all accumulated .vacation leave, not to exceed thirty (30) days or 240 hours . 5 . 12 Vacation leave for a Probationary Employee. A new employee will not be permitted to take vacation leave during probationary period. If denial of such leave will create an unusual hardship, only with the Manager' s approval will such leave be granted; or in the sheriff and Register- of Deeds Office, with the approval of the Sheriff and Register of Deeds respectively. r 44 From Orange County Ordinance Published 9-6-90 ATTACHMENT 4 CURRENT ARTICLE IV SECTION 6.0 SICK LEAVE 14 F 6 . 0 SICK LEAVE Sick leave is a p:;vilege granted by the .Euard of County Commissioners; it is not a right which an employee may demand. Sick-- leave should not be abused . 7t is to be used as insurance for salary continuation in the event an employee is sick. 6 . 1 Sick leave with pay may be granted to an employee for F ended :�bsences..sue .to.. physical or mental illness or injury 3/5/90 which prevents an employee from' perfowming 'the •-usual duties . This includes disabilities resulting from pregnancy. Sick leave may also be used for absences due to medical and dental appointments or to care for an ill family member. For the latter purpose, a family member is defined .as spouses parents or children . 6.2 P_n employee unable to attend work due to any of the reasons listed above, must inform the immediate supervisor during the first half-hour of work on the day of illness . Sheriff Deputies , Emergency Medical Services employees, and Sanitation Denartme=t employees , or other County employees as necessary, must .notify the supervisor of illness prior to the time scheduled to go on duty. in accordance with departmental operating procedures . 6 . 3 The County may require a physician' s certificate concerning the nature of the illness and the employee ' s physical capacity to resume duties for each occasion on which an employee uses sick leave . The employee ' s department head will be responsible for the application of this Drovision so that there will be no abuse of sick leave privileges . 6 .4 Failure to report illness and imDroDer use of sick leave will result in loss cf pay and/or other discinlinary action . 6 . 5 For sickness in the employee' s immediate family requiring more than three ( 3) days absence, special permission must be obtained from the County Manager, considering the department head' s recommendations . 6. 6 cull -time permanent and part-time permanent employees wi11 earn sick leave according to their regular work week schedule: Hours Worked Per Week: 20 40 42 48 Hours yarned Per-Month -~ 4 . 0 8 . 0 8 . 4 9 . 6 Hours Earned Per Year: X8 . 0 96 . 0 100 . 8 115 . 2 6.7 Sick leave is earned during env month in which the emnlovee works at least one-half the work days within 45 5 . . the mo::t::. 6..8 An employee with permanent status , who terminated employment on good terms with the County may be reinstated .and -returned the unused portion of accrued sick leave if reinstated within one year of termination date. This is contingent upon the County Manager' s approval . 6.9 No employee shall be .paid for any accrued sick leave at separation; however, if the employee has taken more sick leave than earned, payment must be made to the County for all extra leave advanced. ( See Article IX Section 7 . 3 ) . 6 . 10 A new employee may transfer up to 15 days of sick leave from another local government or state agency *within the State of.- North Carolina, upon the recommendation of the department head and with the approval -of the County Manager . 6 . 11 Absences for a fraction or part of a day that are chargeable to sick leave in accordance with these provisions shall be charged proportionately in amounts not smaller than one--hale hour increments (30 minutes ) . 6 . 12 Sick leave will be cumulative for an indefirite period, and there will be no maximum amount of sick leave *,hick may be accumulated. 6 . 13 Holidays or regularly scheduled days off which occur during an employee' s sick leave shall not be charged as sick leave for such days off . 6. 14 Each department head is responsible for maintaining supporting records, and shall be responsible for the application of these provisions to the end that, ( 1 ) employees shall not be on duty when they might endanger their health or the health of other, employees, (2 ) when due to temporary disability or illness the employee cannot perform duties recuired of the job, and (3 ) there shall be no abuse of sick leave m ivileces . G- 15 Extended- Sick Leave . In addition 'to that earned may be granted .up. to a .maximum. of twelve ('12 ) days with the approval of the County Manager. Extended sick leave will be granted for the same reasons as indicated in Section 6 . 1 due to extraordinary circumstances . Sick leave nay not be advanced during a leave without pay status . O R A N G E C O U N T Y 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Se tember 3 1991 Action Agenda Item SUBJECT: SPIRIT HILL - PRELIMINARY PLAN ACTION BY: October 3, 1991 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Resolution of A pproval Extension 2582 Application Preliminary Plat Certification TELEPHONE NUMBERS: Vicinity Map Hillsborough - 732-8181 Agency Comments Durham - 688-7331 Preliminary Plan Mebane - 227-2031 8/19/91 Draft Planning Chapel Hill - 967-9251 Board Minutes PURPOSE: Consideration of the preliminary plan for Spirit Hill Subdivision. BACKGROUND: The property is located on the northwest side of Palmer's Grove Church Road. The tract is zoned Agricultural Residential and designated Agricultural Residential in the Comprehensive Plan. The total acreage of the tract is 11.85 acres. Ten (10) new lots are proposed with an average lot size of 1.08 acres. The lots all front on the subdivision road which is proposed to be public and constructed to State standards. Each lot will have an individual well and septic tank. The Concept Plan was approved by the Orange County Planning Board on May 20, 1991 with the following condition: 1. Lots 1 and 10 shall receive access from the subdivision road. This condition is included in the Resolution of Approval. The proposal was sent to the following review agencies and individuals. Responses are summarized. 2 ; Review Aggncy Response-Received NCDOT 7-29-91 Soil Conservation Service 7-18-91 Erosion Control 7-19-91 Orange County Schools no response County Attorney no response Emergency Services no response Construction plans for Spirit Hill Drive have been approved by the North Carolina Department of Transportation. Sight distance triangles must be indicated and the wording for the 50' public right-of- way must be relocated inside the actual right-of-way. The Soil Conservation Service indicates Georgeville silt loam soil on the site. Georgeville has moderate limitations for building site development and septic tank absorption fields. The Orange County Erosion Control officer indicates that, due to the amount of land disturbance, an erosion control plan will be required prior to the start of any timbering, clearing, or construction. At its August 19, 1991 meeting, the Planning Board recommended approval of the Preliminary Plan subject to the attached Resolution of Approval. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan subject to the attached Resolution of Approval. 3 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date: September 2, 1991 Name of Subdivision: Spirit Hill Owner/Applicant: R. Terry woods The Board of County Commissioners hereby approves Spirit Hill subdivision preliminary plat, dated June 3 , 1991 'and containing 10 lots, subject to the fulfillment of requirements specified herein. All roads shall be irrevocably dedicated to the general public and be constructed to standards of the North Carolina Department of Transportation. The approval of this resolution authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally, the offer of dedication of Spirit Hill. Drive. This acceptance by Orange County of the dedication to the general public of Spirit Hill Drive shall be without maintenance responsibility. This road shall be maintained by the owner/applicant until such time as it is accepted for maintenance by the North Carolina Department of Transportation or some other governmental body. Before the Final Plat of Spirit Hill can be recorded: A. Sewage Disposal I. Each residential lot shall contain an adequate area for septic disposal, and repair area, approved by the Orange County Division of Environmental Health. 2. Disclosure that the septic system location may restrict the size and location of improvements. This disclosure shall be included in a document describing development restrictions to be .recorded .concurrently. with- the Final Plat. The document shall also disclose that information regarding the tentative location- of septic systems is available from the Orange County Health Department, Division of Environmental Health. B. Roads and Access 1. Spirit Hill Drive shall be constructed to standards of the North Carolina Department of Transportation, within a 50 foot right-of-way, and the construction shall be inspected and approved by NCDOT. OR 4 A letter of credit, escrow agreement, or bond shall be submitted to secure construction of Spirit Hill Drive to the standards of the North Carolina Department of Transportation. An estimate of the construction cost must be prepared by a certified/licensed engineer or grading contractor and submitted to the Planning and Inspections Department. The financial guarantee must reflect 110% of that estimate and be issued by an accredited financial institution licensed to do business in North Carolina. The document describing development restrictions to be recorded with the Final Plat shall state that the financial guarantee will not be released until the road construction has been inspected and approved by NCDOT. 2 . A 10' by 70 ' sight triangle shall be shown at the entrance of the subdivision. 3 . Lots 1 and 10 shall access onto Spirit Hill Drive. All lots shall access onto the new subdivision road. This restriction shall be stated in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 4 . Approved street name signs shall be erected at the intersection of streets as required in Section IV-B-3-c-12 of the Orange County. Subdivision Regulations. Evidence shall be submitted by the applicant that the sign is in place or a copy of the receipt for purchase of the sign shall be submitted to the Planning Department. 5. Submit an erosion control plan for construction of the road. The plan shall be submitted and approved prior to the start of any timbering, clearing or construction. C. Land Use Buffers and Landscaping 1. Landscaping shall be installed or preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. OR The applicant shall secure landscape requirement installation and preservation through a letter of credit, escrow agreement, or bond. An estimate of the cost for required preservation, plantings and their installation must be provided. The financial guarantee shall reflect 110% of the estimate and be issued by an accredited financial institution licensed to do business in North Carolina. 2. Provisions for protection of existing trees as shown on the approved landscape plan shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. _ 5 OF D. Parkland I. Cash in the amount of $942. 00 shall be paid to Orange County as payment in lieu of parkland dedication (1/35 x 3 ,300/acre = $94 . 28/lot x 10 lots = $942 . 00) . E. Miscellaneous 1. The Final Plat shall contain a title block and vicinity map in accordance with Section V-D-2 and V-D-3 of the Orange County Subdivision Regulations. F. Certifications 1. A Certificate of Survey and Accuracy signed by a registered Land Surveyor shall be notarized on the face of the Final Plat. 2 . A Certificate of Declaration and Maintenance in the form provided in Section V-D-6-b of the Orange County Subdivision Regulations signed by the landowner and developer shall be on the face of the plat and included in a document describing development restrictions to be recorded concurrently with the Final Plat. 3 . The Department of Environmental Health shall certify that each lot contains a suitable area for septic disposal. 4. The North Carolina Department of Transportation shall certify that Spirit Hill Drive has been constructed to State standards or that construction plans have been approved. 5. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Clerk to the Board I, , accept the above listed conditions of subdivision approval, and acknowledge that each must be met prior to recordation of the final plat. r APPLICATION FOR RRE'LIMINARY PLAN APPROVAL 6 MAJOR SUBDIVIS1014 2190 D RANGE COUNTY DATE: V�M Q PLEASE TYPE OR PRINT (INK ONLY) 1% A/I SUBDIV:SION LOCATION: a/� a rov �r a � Penc OWNER/DEVELOPER: ADDRESS: k . TELEPHONE NO.: 6 AGENT/CONTACT: • O Q TELEPHONE NO.: A. SUMMARY INFORMATION: Orange County lax Map NG5�* 1 �eock 2 Lc-(s) Township EYz2 Zoning District(s): Total Number of Acres: L. Pneses: Total Number of Lots: /0 Averaoe Lot Size: 14 O dinimum Lot Size: I LrJ G t+umger/type of Structures: (existina7 n"- _ (proDosed) d OAS•^ ��vdf4 e Lineal Fee: in Streets: Acres in Open Space: idater SupDL y: 11��`a e c Public (specify) �� Com�un:'y S .ndi:ic Wastewater Di Public (specify) Community L�5 e A t--Indivicual SLhpDL DiS:rig:. Fire Di6.rict. K:N General Land Uses in Area: A + Cri-ical Areas: stream/drainaoewars A/ `'icod ❑rage dregs watershed (specify) P+1+� historic sites other (explain) Is the property to be subdivided currently under "farm use value taxation"? Yes— Ncf "yes", please contact the Orange County Tax Office. Subdivision of the property may require payment of eeferred taxes unce- "farm use value taxation B. All plats must be subnitted on sheet no smaller than one inch equals two-hundred fee: (1"=2001) and no larger tnan one inch equals twenty fee, (1"=20') and must ccon Tai inn the follouin? inforFation: G subdivision name '� zom nc of tract anc adjacent orgpe--les C ✓ ';'•i/i' name $ address of ovner(s) _ •• building setaack lines by notation or typical Lo: name $ address of subdivider layout • ;>?': (if other than owner) mow% location and width of existing and proposed N U ','' easements (drainage, utilities, roads, etc.) ►� ? ::: name of surveyor, engineer, F_ v m�fr:::•;: J':`'' ' existing, proposed and adjoining rights-of-way a landscape architect or architect, 5. pg address, registration X and sealy1s including dimensions and street names and state d f (tit Le) Preliminary Plan road numaers. Lineal fee: of road centerLines and c� ✓ s w le, north arrrow approxicate acreage.0 new scree: rights-of-way Jyr: ': W m tilities, including type, date (including revision dates) j existing and proposed u ` 0 re township, tax map-block-lot ,•"51"`'' sizes, hydrants, valves, manholes y' ' ' 'l' existing and proposed curbs, gutters and culverts, .0 "``'''''' references Parent Parcel lden;ifica:ion : including sizes and grades : deed book and page ti Of property � : Location and width of alleys, sidewalks, bike lanes, to be subdivided transit systems, and bus stops (please complete reverse side) boundary described with bearings —:f<21--, : 2:-2.'2�•.�, typical street cross-sections and intersection and distances oetaiLs including design and width of travelway end total acreage the tract and �---= e of .`r����-�-`'` shoulders ?: acreage of lots, including and - ='> horizontal alignment and .� .•' � -� :_ 9 general curve data (public excluding area within rights-of-way roads) control corner f centerline radius on all proposed streets proposed lot lines with dimensions f' permanent features such as buildings, cemeteries; ' ' lot & block numbers "` historic lanomarks i. lei phasing lines ''` adjoining lot layout names of adjoining property l" topography at ten foot (10) intervals owners. If subdivided, subdivision plat name, plat Gwater bodies, streams, flood.+ay and book & page number, and perimeter lot numoers. - floodplains landscaping and buffer requirements stream buffers township, corporate and extra-territorial tannin P g ro location and size of parcels dedicated =::`s:< jurisdiction lines which cross the property E ti bli for public use, recreational use or �`'' ' " +�• location and size of lots of restricted development `0 . reserved in common with 1✓ •''-'��`' , purpose noted potential and Horatian on plat regarding same x impervious surface data (if located in ---- ` � stormwater detention and/or retention sites and U water s u pP t y ra;ershed) u:tdisturbet areas or inf i t tratiar purpose;C r U vicinity map showing general location located in water supply watershed) o' subdivision with streets and roaas identified by State road nwmoer and name C. OTHER 5UBM.7TTAL REQUIREMENTS I. Twerty-five (25) copies of the preliminary plat. 2. one full size copy of an Oranoe County Tax map (with tax parcels .involved clearly narked in pencil). 3. Uhere municipal or OwASA sever is no; available, a copy of the Freliminary Plat indicating hes an Dtpartment soils analysis approval/denial for each lot shown thereon. 4. where a private road is proposed a written statement by the applicant or his/her authorized representative which sets forth the justification for a private road (see section Iv-6-3-d-1 of the Orange County Subdivision Regulations). 5. Auxiliary documents, in draft form, prepared in accordance with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, and articles of incorporation and restrictive covenants pertaininc toe homeowner's association. These oocuments ray ee required as necessary as evidence that the ordinance requirements are being met. I, the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a 5105.DD fee (subdivisions of 1-5 lots), $210.00 fee (subdivisions of 6-9 lots), 5315.00 fee (subdivisions of 10-25 Lots) or a 5.420.00 fee (subdivisions of 26 lots or more) is due at the time of application. A 55.DD per lot tee is due at the time the final plat is presented for recordation. APPLICANT'S SIGNATURE OwNCR S SIGNATUR= ATE E FEES: Amount ...20 Date Paid �0 - 14 -S Receipt - <::Y-* 1 9 8 SPIRIT HILL ORANGE COUNTY CERTIFICATION AND APPROVALS PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk CONCEPT PLAN: Received 4 8 9 Reviewed 5/20/91 PRELIMINARY PLAT: Received ^,6/14J91 Reviewed G L ii� REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE: 7/29/91 CERTIFICATION: E.M. Cowan SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: 7 1 91 CERTIFICATION: NLA_ UTILITIES (OWASA/Hillsborough/Mebane/orange Alamance/Durham) : DATE: U 14/91� CERTIFICATION: David Hecht Environmental Health OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - Soil Conservation 7 18 91 (Date) - Erosion Control 6119 91 (Date) PLANNING BOARD: Date: — 81_19/91� Approval x Approval with Conditions) Denial BOARD OF COMMISSIONERS: Date: Approval Approval with Conditions) Denial 1 20 ssc� 3.83 AC CAL � 4960 11.7 AC. .14 I 842 400 EASEMENT C"90 p 1`�— — -- — - - --- — -- — — — SO 1`D SPIRIT HILL z1 N1` r APPLICANT: R. TERRY WOODS a 65 1.5 194, $ ; -1 ZONING: AGRICULTURAL RESIDENTIAL AC.AC. • 37 S- • `I m LUP: AGRICULTURAL RESIDENTIAL 1 0.214 AC. Fu m SCALE: 1"=400' � 106$ I9 �•~� �acx II �� ,FRANKLIN r �` !' D PRIVATE —� 7.58 AC` 27 7761 7546 54 IB• 347 QC• �] 489 - AC. SEE MAP 11.2 1 �1 / -- • -• 208 � / 17H 7315. l 44c 8145 -94 6028 s :�� _ -• WOODS M& yoge- J i r/ 22 AC• 17F . h � 29 Y = 1 �QssBr. - 6.82 AC.. ' / 1 17 7867. �. : -- __ r.1.. .- -- r ._.^'-'-- - - -- -- �ATc'S_ h I.If Q zx OF a.. 44321 _Q �'�,R 1.47 �, i _ r _ 1.09 _. ��s�s4 31 _ •._. - y_: .92 AC4 �o. 3H r t'.1;-6058 ;� f' '—.• 8r:7• ° ps5�-;�: t==> �.;: . : Was- 1 ! 640 AC. T 60 /jam r 4 AC 5.09 AC- 13- • cw+� rrre+r `� ., . - . . .' '..._' _ _ _ •. �_•txc•��r. fur i� -- .. ...-. __ .� _ • `.''�_—_ _-,;y.z�=new.•• ��.: 10 d y 'STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ,jAI,AES G_ KIIAR-i IN North Carol ine 27253-0766 DWIS�ON CF HHGf-,'.:AYS tSOVERNIOH lulu 2C) . 1991 TiiQV,AS J HARFIFLSON WILLIAL' G. P.E. SEC,RETARY STATE FiIr;-iVVAY .-1DMi; S-R ATOR ORANGE COUNTY M Al o J 1,; Cal N - C h ti r L o r. S t sboi,-ough , NC 27278 SubJ ect spirit Hill Subdivision off SR 1562 ( Palmer ' s Grovri Church Rd . ) Dear -Mr . Callemyn : c; i s to adviS(- that the ronstruction plans for Spirit Hill dated June 24 . ] qgi have been approved by this off ire . Sight distance triangies, shall be shown and labeled on both the construction plans and the plat . 501 public R/W on the plat shall be rearranged and the distance shall be shown . st will for the owner or contractor to notify __ _ 1 be ' necessary Mir . J . R . Hopkins . Assistant District Engineer to schedule a preco.nstruCtion conference oriur ro beginning ANY work . Please be advised that A coDv of the ap-2roved vlans MUST be pt i,-e C()rlsl-ruc Li on site at g times . Also , revisions to The. approved plans may be made by this office if field cond-itions warrant . If you have any questions , please advise . Yours very truly , C', E . M . Cowan . P ' P DISTRICT ENGINEER EMC/JRH/jrh " vl_� County Planning Department uc : Mr . Eddie Kirk , Orange / " &WATER SOIL C 0 N u c // v A / / 0N Draw Soil and WNntemComsmNtion District 306 Revere Road ^ P.O. Box 8181 | Hillsborough, NC 27278 ^ Phone: 919-732'8181 ^ Ext. 275D ` Date : Ju ) y l8, 1991 ' To 2ddie Kirk , P | anner From: 8ai | ~��- --- �u8hes , �o / / Conservation / st RE: Bpirit Hi | | Accurdin8 to the Oran8e Co So / / S s» i | ( m ) are | ocatod on thi ^ site : ur«ey" the fu / ( owinQ Geor8evi ) / e si / t | oam (6-10% s / ope > - -Lou i | din8 mita deve / uPmm»t: (w | th or w | tout m»derate / imitat basements ) - ony due �o steepmr, s / opes -septic tank absorP,tior, fie | d : moderate | im / t ti to staePer s / upes anu possibie s / ow perco / ation , a o»y due ' ' 12 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 V• MEMORANDUM TO: Eddie Kirk, Current Planning FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Spirit Hill Subdivision DATE: June 19 , 1991 It appears that construction of the public road will disturb considerably more than 20, 000 square feet, which will require submission and approval of an erosion control plan prior to the start of any timbering, clearing, or construction. '31LI&jA - xc: Baity Callemyn Land Surveyors 6-19-91.JWF Post office Box 8181 Carrboro/Chapel Hill 968-4501 Durham 688-7331 Hillsborough 732-8181 Mebane 227-2031 FAX 919-6443002 13 $/19/91 DRAFT PLANNING BOARD MINUTES responded that NCDOT did not regulate individual driveways but did for commercial and subdivisions roads. Reid continued that he felt this was not the case and asked that Cameron please verify this with NCDOT. Cameron agreed. MOTION: Hamilton moved approval as recommended by the Planning Staff. Seconded by Eddleman. VOTE: Unanimous. b. Preliminary Plats (1) Spirit Hill (10 Lots - Eno Township) Presentation by Eddie Kirk. The property is located on the northwest side of Palmer's Grove Church Road. The tract is zoned Agricultural Residential and designated Agricultural Residential in the Comprehensive Plan. The total acreage of the tract is 11.85 acres. Ten (10) new lots are proposed with an average lot size of 1. 08 acres. The lots all front on the subdivision road which is proposed to be public and constructed to State standards. Each lot will have an individual well and septic tank. The Concept Plan was approved by the orange County Planning Board on May 20, 1991 with the condition that Lots 1 and 10 shall receive access from the subdivision road. This condition is included in the Resolution of Approval which is an attachment to these minutes on pages Construction plans for Spirit Hill Drive have been approved by the North Carolina Department of Transportation. Sight distance triangles must be indicated and the wording for the 50' public right-of-way must be relocated inside the actual right-of-way. The Soil Conservation Service indicates Georgeville silt loam soil on the site. Georgeville has moderate limitations for building site development and septic tank absorption fields. The Orange County Erosion Control Officer indicates that, due to the amount of land disturbance, an erosion control plan will be 14 r required prior to the start of any timbering, clearing, or construction. The Planning Staff recommends approval of the Preliminary Plan subject to the Resolution of Approval. MOTION; Reid moved approval as recommended by the Planning Staff. Seconded by Scott. VOTE: Unanimous. AGENDA ITEM #9: MATTERS HEARD AT 8/5/91 PUBLIC HEARING a. PROPOSED ORDINANCE AMENDMENTS (1) Water and Sewer Policy Goal 3 .B.3 Service/Capability/ Capacity/Extension Policies (2) Zoning Ordinance Article 6. 15.2 .a.2a (Interim Development Standards) (3) Subdivision Regulations Section IV-C-2 .a.2a (Interim Development Standards) Presentation by Emily Cameron. This agenda item is to consider proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Area. In early April, a land owner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The land owners would now like to use the taps and develop their property. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. .:r 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date SeRtember 3 , 1991 Action Agenda Item ,# SUBJECT: PROPOSED ORDINANCE AMENDMENTS (WATER AND SEWER POLICY - GOAL 3 .B.3 SERVICE CAPABILITY/ CAPACITY/EXTENSION POLICIES ZONING ORDINANCE - ARTICLE 6. 15. 2 .a.2a INTERIM DEVELOPMENT STANDARDS SUBDIVISION REGULATIONS - SECTION IV-C-2 .a.2a INTERIM DEVELOPMENT STANDARDS) DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Cameron Proposed Amendments Extension 2580 Agency Comments 8/5/91 Public Hearing Minutes TELEPHONE NUMBERS: 8/19/91 Draft Planning Board Hillsborough - 732-8181 Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. BACKGROUND: In early April, a land owner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The land owners would now like to use the taps and develop their property. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. Currently, the use of existing water and sewer taps 2 in the Rural Buffer would be in conflict with the County's Water and Sewer Policy, since it prohibits extensions outside Transition Areas with only a few specific exceptions (i.e. , public health emergency, necessary public facility) . The proposed amendment would add language to the Water and Sewer Policy to allow pre--existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The proposed amendments were presented at public hearing on August 5, 1991. No citizen comments were received. Commissioner Insko asked if OWASA's Board of Directors had been advised of the proposed amendments. Following the hearing, the Planning Staff contacted OWASA. OWASA Staff responded that all proper procedures were followed regarding courtesy review of the proposed revisions to Orange County' s regulations. OWASA staff and the Chair of the OWASA Board of Directors determined that the amendments would be consistent with OWASA's current policy (see attachments) for extension of water and sewer service into the University Lake Watershed. Therefore, action by the OWASA Board was not necessary. The Staff correspondence regarding their analysis of the proposed amendments was sent to the Board of Directors as an informational item on a meeting agenda. Before the land owners could actually use the taps provided via the 1983 written service agreement, they would have to obtain formal approval from OWASA after the Board of Directors conducts a public hearing. On August 19, the Planning Board recommended approval of the proposed amendments. RECOMMENDATION: The Administration recommends approval of the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance, and the Subdivision Regulations. Orange Water and Sewer Authority 3 400 Janes Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 �, J July 10, 1991 Ms. Emily Cameron Orange County Planning Department 306 Revere Road Hillsborough, NC 27278 Dear Ms. Cameron: SUBJECT: PROPOSED AMENDMENTS TO ORANGE COUNTY WATER AND SEWER EXTENSION POLICY, ZONING ORDINANCE, AND SUBDIVISION REGULATIONS REGARDING PUBLIC UTILITY SERVICE IN UNIVERSITY LAKE WATERSHED I have reviewed the proposed text changes to allow public water and/or sewer connections to property in University Lake watershed in cases where a valid service agreement existed with a public entity prior to April 3, 1989. Your background information indicates that these changes are needed to accommodate a 1983 OWASA agreement to provide five water and sewer taps in exchange for 0.4 acres of property acquired for the Rangewood pump station. That agreement and the County' s proposed policy and regulatory changes appear to be consistent with OWASA' s adopted Policy for Extending Water and Sewer Lines Into University Lake Watershed (copy attached). Item 4 on page 2 provides for service to Rangewood lots that were benefitted by our previous assessment project. Although the 18 acre parcel in question was not formally included in the Final Assessment Roll, it would appear to be "benefitted property" eligible for service under the intent of our adopted policy. The property owner should note, however, that formal OWASA approval will require a positive finding by the Board of Directors after conducting a public hearing. As your background information indicates, we are aware of no other outstanding agreements to provide OWASA service in University Lake watershed or any other portion of the County' s planning and zoning jurisdiction. Have you inquired about any similar agreements that might exist between property owners and the Town of Hillsborough? Please let ■e know if you need any further OWASA information. Yours very truly, W (�,( Edward A. Holland, AICP Research and Planning Administrator eah Enc. cc: Everett Billingsley An Equal Opportunity Employer 4 t . Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 D r D 919) 968-4421 July 17, 1991 Mr. Moses Carey, Jr. , Chair Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Moses: SUBJECT: PROPOSED AMENDMENTS TO ORANGE COUNTY WATER AND SEWER POLICY, ZONING ORDINANCE, AND SUBDIVISION REGULATIONS In response to your letter of July 5, 1991, I am attaching a copy of recent staff correspondence regarding the subject topic along with a copy of OWASA's water and sewer extension policy for University Lake watershed. These documents address the three questions in your July 5 letter. To summarize: 1 . OWASA is party to a 1983 agreement to provide 5 water and sewer taps to an 18 acre tract adjacent to the Rangewood Subdivision in exchange for a 0.4 acre parcel on which the Rangewood pump station was constructed. 2. As noted in the attached correspondence, OWASA considers the 1983 agreement to be consistent with its adopted policy for extending water and sewer service into University Lake watershed. Formal approval will require a positive finding by the Board of Directors after they conduct a public hearing. To my knowledge, no such request has been filed with OWASA by the property owners. 3. We are aware of no other outstanding agreements to provide OWASA service in University Lake watershed or any other portion of the County's planning and zoning jurisdiction. I trust that this satisfactorily answers your questions. Please let me know if we can provide any further information. Yours very truly, 67� Lois T. Herring, Chair Board of Directors e ah Encs. / cc: (w/encs.) Mr. John Link, Jr. / (w/encs.) Mr. Marvin Collins (w/encs.) Ms. Betty Eidenier ' (w/encs.) Everett Billingsley (w/encs.) Robert Epting, Esquire An Equal Opportunity Employer 5 ORANGE {,LATER AND SEWER AUTHORITY POLICY FOR EXTENDING WATER AND SEWER LINES INTO UNIVERSITY LAKE WATERSHED Purpose This policy sets forth principles and guidelines for the extension of the Authority's water and sewer facilities and services into the University Lake watershed. Background In 1987 Orange Water and Sewer Authority commissioned the Camp Dresser & McKee University Lake Watershed Study to provide the Board of Directors and local governing bodies with a reliable basis for implementing land management controls to help assure short and long term protection of the University - Lake water supply. While the study was being conducted and its recommendations were being considered by the local governing bodies, the Authority maintained a moratorium on water and sewer extensions into the watershed. The study, which was completed in March 1989, evaluated a range of development scenarios and utility service options, and determined that low density residential development served by individual wells and septic systems would present the least overall risk to University Lake water quality. Many of the CDM findings and recommendations were incorporated into local land management plans, development ordinances, and regulations amended by the Orange Country Board Of Commissioners and Carrboro Board of Aldermen in April and May, 1990. Among the standards for new development were 5- and 2-acre minimum lot requirements, impervious surface limits, and revised stream buffer setbacks. Additionally, Carrboro* and Orange County prohibited community alternative wastewater treatment and disposal systems, as well as public water and sewer service, except to correct officially declared health hazards. The County adopted additional language allowing reconsideration of its utility restrictions after special studies that the County expected to be completed by April 30, 1991 . Although Chapel Hill has no planning and zoning jurisdiction in University Lake watershed, the Town Council has maintained a consistent policy against the extension of public water and sewer service into the watershed. Orange Water and Sewer Authority's Mission and Goals Statement (December, 1988) includes a commitment "to be guided by the land management plans approved by the government units in the area the Authority serves." Policy Consistent with findings of the Camp Dresser & McKee University Lake Watershed Study, and in accordance with recent positions adopted by Carrboro, Chapel Hill, Certain Carrboro regulations had not been enacted as of the April 25, 1990 effective date of this OWASA policy, but were proposed for public hearing on May 15, 1990. 1 6 E Policy For Extending -Water And Sewer Lines Into University Lake Watershed Page 2 and orange County, the Orange Water and Sewer Authority will not permit the extension of water and sewer facilities and services under its control into the University Lake watershed, except on a site by site basis as described below. The utility service limitations imposed by this policy are intended to apply primarily to new, rather than existing, development in the watershed. The decision to approve or disapprove any requests for water and/or sewer extensions into University Lake watershed shall be made by the Authority's Board of Directors after conducting a public hearing. Conclusions of the Board shall state the findings upon which the decision was based. Service extensions may be granted under the following conditions: 1 . To alleviate an existing or imminently impending health hazard, as declared by the Orange County Health Department; or, 2. To alleviate or prevent a situation that will significantly jeopardize University Lake water quality; or, 3. To respond to such other hardship that is materially adverse or catastrophic to the health, safety and welfare of the general public. r• 4. Any lots in the Rangewood subdivision that were benefitted by the Authority's previous water and sewer extension project, and which appear on OWASA's Final Assessment Role for that project, may be connected to the Authority's water and/or sewer lines as long as all assessments, fees, and charges have been paid. or are up to date. Such connections may be made without meeting the conditions of 1, 2, or 3 above. 5. Structures that existed before April 23, 1987 and located on lots that . existed before April 23, 1987 which are adjacent to OWASA water or sewer lines installed before April 23, 1987, may be connected to those lines without meeting the conditions of 1, 2, or 3 above. A legal change in property use shall not impede the approval of such connections unless the structure is increased in size by more than 50 percent, or unless the proposed use constitutes an increased hazard to the watershed. Authorization The Executive Director is authorized and empowered to formulate any application, notification, or other administrative procedures needed to implement this policy. Reviewed by General Counsel: Date General Cou el Adopted by the Board: f Date r,Clerk to the Boa d { n7 - ee MEMORANDUM To: W. Calvin Morton, Town Manager From: Roger Waldon, Planning Directo Subject: Proposed Amendment to Orange County Water/Sewer-Policy and Development Regulations Date: July 17, 1991 Orange County is proposing an amendment to existing policies and regulations on providing water and sewer in the Rural Buffer. The amendment would allow OWASA to fulfill a 1983 recorded agreement in which a property owner gave OWASA lend for a pump station in exchange for the right to have five water and sewer taps . The property is located in the Rural Buffer, adjacent to the Rangewood subdivision off N.C. 54 (see map attached) . The amendment would recognize agreements which existed before the date of the adoption of the Water and Sewer Policy, April 3 , 1989 . The agreements are limited to those in which a municipality, the County or a water/sewer authority are a party. A copy of the proposal is attached. The County will hold a public hearing on August 5th. We understand from OWASA and the County that no other pre-existing agreements are known. OWASA staff has had input into developing the language and we understand that OWASA will be comfortable with the language . Our staff comment to the County is that this amendment appears to be a narrow change to accommodate a specific situation. The location of the property is next to a subdivision now served by water and sewer, so the proposal has few impacts on possible future extensions elsewhere in the Rural Buffer. The amendment could be drawn more narrowly by applying it only to a water and sewer authority, rather than also including Orange County and municipalities. However, we understand the County desires to have the language cover any future (now unknown) agreements which may come to light. Under Section 2 . 6B of the 'Joint Planning Agreement, the County may change its zoning and subdivision ordinances in accordance with its own procedures . V/0,00c: Marvin Collins, -Orange County Planning Director .� 8 D7 r--,� ,.' . _ ' .. 5.1 1 �; + P.O. Box 337 D arrboro n r, 8 r��:_.J 301 west Main Street (�).V(� Carrborp, North Carolma 27510 T ,. 1 �i . __... .. ... .� - - •-• _ --..._. (919)968.7700 (919)942-8541 July 17 , 1991 Ms. Emily Cameron Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 27278 Dear Emily, Thank you for providing Carrboro the opportunity to comment the County' s proposed amendments to allow valid water and/or sewer agreements which predated the County's Water and sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. This matter was brought to the Board of Aldermen' s attention at their July 16, 1991 meeting. The planning and zoning staff discussed the amendments and agreed that pre-existing valid written service agreements should be honored, even in the Rural Buffer or Water Quality Critical Areas. We also agree with the county' s proposed requirement that such agreements must involve a municipality, the county, or a water/sewer authority as a service provider in order to be considered valid. If you have any questions concerning our comments, please do not hesitate to call me at 968-7714 . If any substantive changes are made to the proposed amendments, please send me a copy. Best regards, 17ulis A. Trevarthen Senior Planner 9 Thomas E. Warren, Chief Warrant Officer, US -Army P. Troop, 4th Squadron 3 3rd Armored Calvary Regiment r I Fort Bliss, Texas October 1, 1990 - April 1991 3 V. 629CIAL FRESENTATZONS - N014E VI. &L RROXOSER--MENDMENTS O WAT UN ER ROLICy, Z_0NjpG AND-SUDDIYISTON REGULtTjoa 7 Bill Waddell chaired this portion of the meeting since this 5 public hearing involved the Planning Board. 7 The purpose of this item was to receive citizen comment on the 3 proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in i the Rural Buffer and Water Quality Critical , Areas. More specific, in 2 ' early April, a landowner in the Protected Watershed portion of the 3 University Lake Watershed in the Rural Suffer inquired about developing I an X8-acre parcel. He presented an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land 5 as a pump station location in exchange for 'five water and five sewer 7 taps. The landowners would now like to use :the taps and develop their 9 property. OWASA officials have stated that they have no knowledge of 9 other similar agreements for water and/or sewer service. The proposed a amendment would add language to the Water and Sewer Policy to allow pre- 1 existing written service agreements to be honored. The second part of 2 the amendment would make the Interim Development Standards in the Zoning 3 Ordinance and Subdivision Regulations consistent with the amendment to 4 the Water and Sewer Policy. The 'Planning Staff recommends approval of 5 the proposed amendments. There were no citizen comments. 6 Motion was made , by , Commissioner Gordon, seconded by 7 Commissioner Halkiotis to refer this item to the Planning Board for a 3 recommendation to be considered by the County Commissioners no sooner 9 than September 3, 1991 . 0 VOTE: UNANIMOUS 1 2 3 VII. REPORTS 4 5 &L. LUTE_WATERSRED PROT&0T_XQN UQCEDURES AN2 IMP,L=ZONS FOR 6 12RAN 23 COVNTY 7 The County Commissioners received a report from Planner David 8 Stancil on the implications of istate watershed protection rules and 9 classifications on current County policies/procedures. The 0, Environmental Management CommisFion (EMC) has proposed preliminary 1 classifications - for each of Orange County's 11 water supply watersheds. 2. The report prepared by the Planning Staff (1) explains the mandate i _.y 'an. 10 required prior to the start of any timbering, clearing, or construction. The Planning Staff recommends approval of the Preliminary Plan subject to the Resolution of Approval. MOTION; Reid moved approval as recommended by the Planning Staff. Seconded by Scott. VOTE: Unanimous. AGENDA ITEM #9: MATTERS HEARD AT 8/5/91 PUBLIC HEARING a. PROPOSED ORDINANCE AMENDMENTS (1) Water and Sewer Policy Goal 3 .B. 3 Service/Capability/ Capacity/Extension Policies (2) Zoning ordinance Article 6.15.2.a.2a (Interim Development Standards) (3) Subdivision Regulations Section IV-C-2.a.2a (Interim Development Standards) Presentation by Emily Cameron. This agenda item is to consider proposed amendments to the Water and Sewer Policy, Zoning ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Area. In early April, a land owner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The land owners would now like to use the taps and develop their property. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. r 11 Currently, the use of existing water and sewer taps in the Rural Buffer would be in conflict with the County's Water and Sewer Policy, since it prohibits extensions outside Transition Areas with only a few specific exceptions such as public health emergency or a necessary public facility. The proposed amendment would add language to the Water and Sewer Policy to allow pre-existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The proposed amendments were presented at public hearing on August 5, 1991. No citizen comments were received. Commissioner Insko asked if OWASA's Board of Directors had been advised of the proposed amendments. Following the hearing, the Planning Staff contacted OWASA. All proper procedures were followed regarding courtesy review of the proposed revisions to Orange County's regulations. OWASA staff and the Chair of the OWASA Board determined that the amendments would be consistent with OWASA's current policy for extension of water and sewer service into the University Lake Watershed. Therefore, action by the OWASA Board was not necessary. Before the land owners could actually use the taps provided via the 1983 written service agreement, they would have to obtain formal approval from OWASA after the Board of Directors conducts a public hearing. The Planning Staff recommends approval of the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance, and the Subdivision Regulations. Reid questioned whether or not the owner could develop his property at the density allowed at the time of the service agreement, or whether current regulations must be followed. Cameron responded that she did not know whether the taps were installed prior to the Rural Buffer regulations. The agreement was signed prior to Rural Buffer regulations. She continued that the applicant would be able to develop almost as he would like to do. He would like to have five 12 duplexes; instead, he may have four duplexes and one single-family residence. MOTION: Reid moved approval as recommended by Planning Staff. Seconded by Hoecke. VOTE: Unanimous. AGENDA ITEM #10: MATTERS TO BE HEARD AT 8/26/91 PUBLIC HEARING a. Special Use Permit Application (1) SUP -1-91 Green Hill Bed & Breakfast Presentation by Eddie Kirk. This agenda item is for review/comment prior to August 26 public hearing on a request for a Class A Special Use Permit for the non-residential use of the historic "Green Hill" residence. William Thomas Proctor, III and Evelyn D. Proctor, have requested a Class A Special Use Permit for a Non-Residential Reuse/Mixed Use of an historic structure for the property commonly known as the Green Hill residence. The property is located at the southwestern corner of the intersection of US 70 and Lawrence Road (SR 1561) . The property contains 6.46 acres. The proposed request would allow for the house to be used as a bed and breakfast. Three out of the four existing bedrooms would be used for the bed and breakfast. There are no proposed changes or additions to the existing house or changes to the property. The property is specifically described as Lots 66 and 67 of Tax Map 20 in Eno township. The current zoning of the property is Rural Residential (R-1) and the Comprehensive Plan designation is is Rural Residential. The use of the property, as proposed, requires the issuance of a Class A Special Use Permit. Certain development standards must be met and a Special Use Permit must be obtained for the proposal to proceed. Approval of the request would allow for the use of "Green Hill" as a bed and breakfast facility for a maximum of 6 adults. No motion was needed. This item is scheduled for the August . 26, 1991 public hearing. Hamilton noted that the land is for sale and t O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Se tember 3 1991 Agenda Abstract Item # V . 11 - r SUBJECT: ADVERTISEMENT - OCTOBER 10, 1991 JPA PUBLIC HEARING DEPARTMENT: Planning PUBLIC HEARING: Yes,X_No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Legal Notice Planning Director X2592 Proposed Public Hearing Items PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chanel Sill 967-9251 PURPOSE: To consider the legal notice and items for discussion at the Joint Planning public hearing scheduled for October 10, 1991 . BACKGROUND: A Joint Planning public rearing was scheduled for October 10, 1991 , involving Orange County and the Towns of Chapel Hill and Carrboro. Although originally scheduled for consideration of items in the Joint Planning Area, the proposals involve amendments to both the Joint Planning Area Land Use Plan and Map, and the Orange County Comprehensive Plan and Map. 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 October 10, 1991 public hearing include the following: 1 . Proposed Amendments to the Joint Planning Area Land..Use Plan and Map a. JPA-1-91 American Stone Company b. JPA-2-91 New Hope Corridor Open Space Master Plan 2 . Proposed Amendments to the Orange County Comprehensive Plan (Land Use Element) and Mao a. CP-3-91 American Stone Company b. CP-4-91 New Hope Corridor Open Space Master Plan '11RgRRIRYIMI�IIMARIpRRr� 2 i Approval of the notice will permit advertisement on September 25 and October 2, 1991 as required by the N.C. General Statutes . The proposed amendments will require notification of individual property owners . The notice must be mailed on or before September 25, 1991 . RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for October 10, 1991 . 3 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 2727$ v, � L 1 NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE ORANGE COUNTY/CHAPEL HILL/CARRBORO JOINT PLANNING AREA LAND USE PLAN AND MAP FIND PROPOSED REVISIONS TO THE LAND USE ELEMENT AND MAP OF THE COMPREHENSIVE PLAN FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, 240, 323, and 343; Article 20, Sections 20 .5 and 20 . 6, and Article 2, Sections 2 . 2 . 12 and 2 . 2 . 13, of the- Orange County Zoning Ordinance; and Article 2 of a Joint Planning Agreement between Orange County and the Towns of Chapel Hill and Carrboro, notice is hereby giver_ that a public hearing will be held in the Carrboro Elementary School Auditorium on Shelton Street in Carrboro, N.C. on October 10, 1991, at 7 : 30 p.m. for the purpose of giving all interested citizens an opportunity to speak for cr against the following items : JOINT PLANNING AREA LAND USE PLAN The proposed amendments to the Joint Planning Area Land Use Plan and Map are as follows: 1 . JPA-1-91 American Stone Company The property in question is located on the north side of N.C. Highway 54 on either side of Bethel-Hickory Grove Church Road ( SR 1104) . The property contains 207 . 64 acres and is specifically described as Lots BA (Part) , 9B, 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Mao 112 of Chapel Hill Township. The property fronts on N.C. Highway 5i for a distance of 2,240 feet, on the west side of SR 1104 for • distance of 3 . 600 feet, and on the east side of SR 1104 for • distance of 2,920 feet. The property is currently designated as Extractive Use, Resource Protection, Public/Private Open Space, and Rural Residential on the Joint Planning Area Land Use Plan Map. The applicant is requesting that the Extractive Use desigr_aticn ;e extended to all of the properties described above. 4 r 2 . JPA-2-91 New Hope Corridor Open S ace 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 purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Joint Planning Area Land Use Plan and Map. Amendments to the Joint Planning Area Land Use Plan and Map require the unanimous approval of Orange County and the Towns of Chapel Hill and Carrboro. ORANGE COUNTY COMPREHENSIVE PLAN The proposed amendments to the Land Use Element and Map of the Orange County Comprehensive Plan are as follows : 1 . CP-3-91 American Stone Company The property in question is located on the north side of N.C. Highway 54 on either side of Bethel-Hickory Grove Church Road (SR 1104) . The property contains 207 . 64 acres and is specifically described as Lots 8A (Part) , 9B, , 9C, and 9E of Tax Map 28 in Bingham Township, and Lot 31A of Tax Map 112 of Chapel Hill Township. The property fronts on N.C. Highway 54 for a distance of 2, 240 feet, on the west side of SR 1104 for • distance of 3 . 600 feet, and on the east side of SR 1104 for • distance of 2, 920 feet. The property is currently designated as Public Interest Area and Rural Buffer on the Land Use Element Map. The applicant is requesting that a Rural Industrial Activity Node be established on N.C. Highway 54 to encompass the properties described above. 2 . CP-4-91 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 b 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 purpose of the proposed amendment is to incorporate the recommendations of the New Hope Corridor Open Space Master Plan into the Land Use Element and Map of the Orange County Comprehensive Plan. Amendments to the Land Use Element and Map require only the approval of Orange County. All interested citizens are invited to attend this hearing CL 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: September 25, 1991 October 2, 1991 NORTHEN, BLUE, LITTLE, AOOHS, TmBAITT & ANDERSON ATT43tNEYs AT LAw 100 EUROPA DRIVE SUITE 550 JOHN A. NORTHEN CKAPEL HILL,NORTH CAROLINA 27514 . MAILING ADDRESS: J. WILLIAM BLUE,JR. P. O. BOX 2208 J. ANDERSON LITTLE DAVID M. ROOKS,III CHAPEL HILL,NC Z'7515-2208 51 5-220fi CHARLES H.THIBAUT CHARLES T.L.ANDERSON E(919) 96$-4441 JO ANN RAGAZZO WOODS August 19 1991 CAROL J. 14OLCOMIB g / ELK 191 942-6603 AS JAMES C.STANFORD - A , Mr. R. Eugene Bell, AICP Orange County Planning Department 306F Revere Road Hillsborough, N. C. 27278 Re: Application of American Stone Company, Orange Water & Sewer Authority and Philip and Alice Durham to amend the Joint Area Land Use Plan and the Comprehensive Plan Dear Mr. Bell: Thank you for your letter of August 13 , 1991. Please treat this letter as an amendment to the application filed on August 5, 1991. The "Specific Data" section of the application should be amended to show the following: Township Tax Map/Block)Lot Bingham 28. .8A (approximately 5 acres) 28 . .9B 28 . .9C 28. .9E Chapel Hill 112. .31A The total acreage is 207. 64 and the total square footage is 9 , 044,798.44. The project has a total. frontage on N. C. 54 of 2 , 240 feet with a frontage on S. R. 1104 of 3, 600 feet on the west side and 2,920 feet on the east side. Under the "Request" section of the application, the Land Use Plan Category Designations requested should be amended to add "Extractive Use" to the Rural Industrial Activity Node already requested. I understand this is necessary for the purpose of amending the Joint Planning Area Land Use Plan. I have attached a revised legal description which takes the i revised tax map designations into account. Please note that the description for TM 6.28. . 8A includes only that portion of the lot which will be part of the project. f NORTHEN, BLUE, LITTLE. ROOxS, THIBAUT & ANDERSON R. Eugene Bell August 19 , 1991 Page 2 The section of the letter attached to the application entitled "Special conditions making the Proposal Reasonably Necessary" was an attempt to address the issue of what changing conditions in the area and in the County generally make the proposed amendment reasonably necessary. The critical point is that the continued growth in southern Orange County has placed, a premium on the location and development of sources of drinking water and this is the principal changing condition which makes the proposed amendment reasonably necessary. I have advised American Stone Company of the application fee which I believe would be $1, 198 . 20. American Stone will send a check in this amount directly to you. Please call me if you have any questions. sincerely, av oks DMR/tjh Enclosures cc: Mr. R. Paxton Badham, Jr. Mr. W. Everett Billingsley Mr. H. Wayne Phears - _ 8 s PROPERTY DESCRIPTION TM: 7 . 112 . . 31A BEGINNING at rock and pointers on the Old Bethel Church Road, small road, the Northeast corner of the Church property; running thence with the Church property and others South 22 Deg. East 22 chains to a stake in a branch; running thence down the said branch the following courses and distances; South 70 Deg. West 7 of a chain; South 87 Deg. West 2 chains, South 74 Deg. West 2 chains; South 42 Deg. West 1. 50 chains; South 45 Deg. West 1. 60 chains; South 36 Deg. West 2 . 60 chains and South 20 Deg. West 1 chain to an ash; thence along a branch South 41 Deg. 30 ' West 8 . 60 chains running thence up a gully the following courses and distances; North 29 Deg. West 2 . 50 chains; North 13 Deg. West 1. 70 chains; North 29 Deg. East 1. 50 chains; North 3 Deg. East 1. 5 chains; North 7 Deg. West 3 chains to the head of the gully; running thence North 26 Deg. West 7 chains to the center of the old road the following courses and distances; North 60 Deg. East 2 . 40 chains, North-56 Deg. East 2 . 50 chains; North 37 Deg. East 3 chains; North 21 Deg. East 5 chains; North 10 Deg. East 3 . 50 chains; North 35 Deg. East I chain; North 50 Deg. East 2 chains and North 45 Deg. East 4 . 80 chains to the beginning, containing 40 acres. TM: 6. 28 . . 9C BEGINNING at an iron stake on the Southern margin of Bethel Church Road (SR 1104) , said stake being in the northeast corner of the Orange Water and Sewer Authority Property; running thence North 56 Deg. 20 ' 15" East 951. 32 feet to an iron stake; running thence South 22 Deg. 26 ' 45" East 713 . 12 feet to a stake; running thence South 47 Deg. 48 ' West 88 . 68 feet to a stake; running thence South 47 Deg. 00 ' West 197 . 87 feet to a stake; running thence South 59 Deg. 14 ' West 165. 00 feet to a stake; running thence South 70 Deg. 22 ' West 158 . 38 feet to a stake; being a control corner; running thence North 77 Deg. 04 ' 30" West 316. 69 feet to a stake; running thence North 31 Deg. 41 ' 45" West 527 . 15 feet to the point and place of BEGINNING, being 12. 166 acres, more or less, and being all of the PROPERTY OF SAMUEL DAVID DURHAM as per plat and survey thereof by Robert J. Ayers, R.L.S. , dated October 29 , 1982 , revised March 16, 1983 , and recorded in Plat Book 36 at Page 189 , Orange County Registry, to which reference is hereby made for a more particular description of same. TM: 6. 28 . . 9E BEGINNING in the property line on the southeast side of Bethel Church Road at the northwest corner of a 5. 919 acre tract indicated on the map hereinafter referred to as S. David Durham, et ux, said point of beginning being 303 .21 feet from a marker in the northern line of the right-of-way of N.C. Highway 54 and the eastern or 9 southeastern line of the right-of-way in the Bethel Church Road, and running thence from said point of beginning along the South and East line of the Bethel Church Road North 56 Deg. 20 ' 15" East 1999 . 33 feet to an iron stake which is located at the southwest corner of a 15.238 acre tract shown on the map as S. David Durham, et ux; thence along and with the southwest line of the property of S. David Durham, et ux, South 31 Deg. 41 ' 45" East 527 . 15 feet to an iron stake; thence continuing along and with the southern line of the property of S. David Durham, et ux. , South 77 Deg. 04 ' 30" East 316. 69 feet to a control corner; thence the following courses and distances: South 20 Deg. 54 ' East 259 . 43 feet to an iron stake; South 21 Deg. 42 ' 30" East 196. 06 feet to an iron stake; South 0 Deg. 19 ' East 175. 93 feet to an iron stake; South 02 Deg. 18 ' East 159 . 15 feet to an iron stake; South 26 Deg. 46 ' West 147 . 32 feet to an iron stake; South 09 Deg. 50 ' East 113 . 25 feet to an iron stake; South 23 Deg. 25 ' West 188 . 17 feet to an iron stake; South 53 Deg. 21 ' West 276 . 68 feet to an iron stake; and South 22 Deg. 41 ' West 82 . 02 feet to an iron stake in the northern right-of-way of N.C. Highway 54 ; thence along and with the northern right-of- way of N.C. Highway 54 North 76 Deg. 37 ' 45" West 1420. 00 feet to an iron stake, the southeast corner of the 5. 919 acre S. David Durham Tract as shown on the map hereinafter referred to; thence along and with the eastern line of said 5 . 919 acre tract North 0 Deg. 06 ' East 326. 67 feet to an iron stake, the northeast corner of said 5. 919 acre tract; thence along and with the northern line of said 5. 919 acre tract North 75 Deg. 30 ' West 687 . 70 feet to an iron stake in the right-of-way of the east and south side of Bethel Church Road, the place and point of BEGINNING, and being parcels A and B, ,containing 60 acres as shown on a map entitled "ORANGE WATER AND SEWER AUTHORITY QUARRY RESERVOIR SITE" prepared by Ballentine-Ayers, Registered Land Surveyors and Engineers, dated March 16, 1979, revised March 27, 1979 and again revised May 7 , 1979, and being filed and recorded in the office of the Register of Deeds of Orange County in Plat Book 30, page 168 , to which said map and record reference is hereby made for a more accurate and complete description. TM: 6. 28 . . 9B BEGINNING at a concrete monument at the northwest corner of the intersection between N.C. Highway 54 and State Road 1104 (Bethel Church Road) ; thence along the right of way of Highway 54 a curve to the left with a radius of 5752 . 32 an arc distance of 185. 32 feet to an iron stake; thence North 06 Deg. 38 ' 39" West 626.73 feet to an iron stake; thence North 12 Deg. 38 ' 16" East to the centerline of Phils Creek (an iron stake along Phils Creek being located 1685. 75 feet in said direction) ; thence along and with the centerline of Phils Creek approximately the following courses and distances: South 85 Deg. 27 ' 54" East 125. 07 feet to an iron stake; South 69 Deg. 52 ' 57" East 73 . 75 feet to an iron stake; South 38 Deg. 26 ' 33" East 176. 56 feet to an iron stake; South 63 Deg. 36 ' 24" East 49. 57 feet to an iron stake; South 19 Deg. 14 ' 15" East 150. 13 feet to an iron stake; South 58 Deg. 06 ' i 1 10 30" East 139.38 feet to an iron stake; North 31 Deg. 09 ' 26" East 83 . 69 feet to an iron stake; thence along the property line of American Stone Company North 04 Deg. 14 ' 08" East 923 . 62 feet to an iron stake; thence along the property now or formerly owned by George Tate, Jr. South 87 Deg. 11 ' 23" East 1650 . 00 feet to an iron stake; thence along and with the property now or formerly owned by Alfred Cotten Perry south 26 Deg. 59 ' 56" East 688 . 92 feet to an iron pin in the right of way of State Road 1104 ; thence along said right of way South 51 Deg. 08 ' 49" West 3467 . 55 feet to a concrete monument, being the point and place of BEGINNING, and being approximately 100. 00 acres according to a survey by Southeastern Surveys, Inc. , James R. Hudson, R.L.S. , entitled "Property of Philip O'Day Durham and wife, Alice G. Durham and Mrs. Ivah J. Fanning Durham" , dated July 1, 1976. TM: 6 . 28 . . 8A BEGINNING at a point in Phil ' s Creek, the northeast corner of the property of Philip and Alice Durham, thence in a northeasterly direction approximately 480 feet to a point thence in an easterly direction approximate 280 feet to a point in the western line of the property of Philip Durham and Alice Durham, thence along the western line of the Durham property South 2 Deg. 48 ' 10" West approximately 447 . 99 feet to a stake; thence South 6 Deg. 35 ' 55" West 196.78 feet to an iron stake; thence South 30 Deg. 32 ' 10" West 83 . 71 feet to an iron stake in the northern margin of Phil ' s Creek; thence with the center line of Phil ' s Creek in a northwest direction a distance of approximately 720 feet to the point and place of beginning and being approximately 5 acres and being a portion of the 18 . 679 acre tract conveyed to American Stone Company by W. Erwin Yates and Nancy Yates. SEE MAP 298 MAC . 1103 9 JR.)' , (GEORGE TALE sE 9A 867 �12� REQUEST TO AMEND ,7PA LAND USE` PLAN TO 32p EXTRACTIVE USE AND ORANGE COUNTY 3440 ESTER DRIVE 22Ac 1 75 T COMPREHENSIVE PLAN TO RURAL INDUSTRIAL `r J — — — 9 9443 1 I• 39- 3 : qC } ';- !4.l5 j ACTIVITY NODE. X16,5 AG APPLICANTS: American Stone Company, 9J 4f 121P ��I Orange Water and Sewer Authority, and n0 9L all-A Philip and Alice Durham. ' —— gx gM G PUBLIC- HEARING DATE: October 10, 1991 r ISA79 AC. 94 ��eo a lac. // �� 5001 1000 AMERICAN ' an / 32 7. SCALE: STONE /CQMN IT 977 AC. PHILIP S ALICE DURH?IM //, �., C Ipg2 04097 ;;- ",AMERICAN STONE ♦ ' ` ` _ 6 84.77A 15.2 AC. LO 42.6.7AC" 31A • AMERICAN STONE CRC}SS � ,�.. •32, +' orMNcE ' ORANG• ATER & SEWER AUTHORITY 3! 78Tf 8. I 60 AC. ,Z. fi 96gC- ' `I 0473 5 919 AC, �- EC 9 AP 112 A � Pay'' !t ' ! ,i. r '+f:i.•.:�,��t', .�r''y BINGHAM TOWNSIIIP f C'IAPEL HILL TOWNSHIP F ° ': �? r��� . r'?' • Y TAX MAP 28 I + TAX MAP 112 1 p r /00�Q Ll EI( ItATL 1ARK) now. U.s.L, - �1 j , � r•r �� `RI •ADD w' "Z a \\ '.I `� I.'.•• Q', ••�� DUKE 11111T. 00 W G / •,� +`` u �: �y'�' • %1 �� ' ',.rte• I '..,fir. ' ~ , / 1�1� �Ag �ICk.Ii Ka. .>1 DURHAM 1 r Whit 11•Ip IIC � ��.—�� 1 � \ CHAPEL N`� c '� 'f•r;,,r.�,lts c CIV YQ °ma y LEGEND. bUK[Ib/l[fT \\ • r•�� T �- 7b0 7lAR ILOODtLAIN-►110►OiLD D►[N ihACi ,,y► O [IILDLIF[PROT[CT10N ANNA ANGNOR/TRAIL ACGR[i s � • 11-3 WL Mr.N•11 NNr•N.• ' •+� CORPS OE D Rl 2-7 M..O...M A. .r.M.r GOR�WDD N • 11-1 Oy G.r.t Agr.r A+..AI I-AD l 4010 wt. F„ F+ \ •.,,,.y- s "We?Croak Part M...MI A.P./O►M 009" CS C) Vlu 0000 C p CI IROPOacb&VIC&ARb rnnTRiAR TRwa W PROPO✓IRS MATURE:TRAJL tUrPP..i) vJ OLO/li T6 at PO TROTtb JORDAN RELERYOIN NEW HOPE CORRIDOR OPEN SPACE MASTER PLAN MAP CITY DF OURNAIt.N.C. E CITY 011 CNAILL HILL.N-G. _ DUNNAM CDUNTT ONANO[ DOUNTT - 1. ':. 'Durha COULTER ASSOCIATES - Landscape Architects Land Planners m, N.C. i O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3 1991 Agenda Abstract Item # SUBJECT: HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT DEPARTMENT: Planning PUBLIC SEARING: Yes S No ATTACHMENT(S) : INFORMATION CONTACT: Planning Director X2592 7/5/91 Carey Memorandum 8/21/91 Draft Hillsborough PHONE NUMBERS: Cooperative Planning Hillsborough 732-8181 Agreement Mebane 227-2031 Durham 688-7331 - Chapel Hill 967-9251 PURPOSE: To consider a revised time schedule for adoption of a proposed Cooperative Planning Agreement between Orange County and the Town of Hillsborough. BACKGROUND: During recent months, two representatives from the governing boards of Orange County and the Town of Hillsborough met to discuss issues and objectives inherent in a cooperative planning and land use agreement. On June 4, 1991, the governing boards met to review a proposal drafted by the work group. The two governing boards agreed to the proposal except for two locations in the Transition Area. These included: 1 . The area bounded generally by I-40, Old Chapel Hill-Hillsborough Road (South Churton Street Extension) , N.C. Highway 86, and the current Transition Area boundary; and 2 . The area bounded generally by U.S. 70 Bypass, U. S. 70 Business, and Lawrence Road. The two boards agreed to resolve these differences, and the Board of Commissioners indicated it would ask the County Attorney to draw an agreement consistent with the concepts and policies included in the proposal. The Planning Boards of the two jurisdictions would be asked develop appropriate land use plans and development standards for the area. 2 On July 5, 1991, Chairman Carey outlined a time schedule for activities related to the completion of a Cooperative Planning Agreement with Hillsborough (copy attached) . At its August 5, 1991 meeting, the Board of Commissioners received the recommendation_ of the Planning. Board regarding the inclusion_ of the two areas mentioned above in the Transition Area. It was the concensus of the Board to adhere to the time schedule outlined in Chairman Carey' s July 5 memorandum. A decision regarding the two Transition Area locations was scheduled for the Board' s August 20, 1991 meeting. On August 14, 1991, the County Attorney completed the first draft of the proposed Cooperative Planning Agreement. The draft was forwarded to the Board of Commissioners, the County Manager., and the Planning Director. The Planning Board considered the draft Agreement at its August 19, 1991 meeting. On August 20, the Board considered the two locations . However, Commissioner Bob Rose of the Hillsborough Town Board questioned provisions within the draft Agreement which identified a "Rural Character District" and proposed strategies applicable therein. Another concern voiced by the Board of Commissioners was whether an Agreement was in effect if the two jurisdictions did not carry out the main provisions, including joint adoption of the Land Use Plan for the area. The Board of Commissioners asked the County Attorney to revise the draft Agreement to address these concerns . It also asked that a revised time schedule be orepa-ed to reflect the additional time needed to review the proposal with the Town of Hillsborough. On August 21, 1991, the County Attorney revised t:-e draft Agreement (copy attached) . The Agreement was forwarded to the elected representatives of the Town of Hillsborough and Orange County on August 22, 1991 by Chairman Carey. The proposed schedule for consideration of the draft Agreement is as follows : Activity Date of Completion Joint meeting of 9/10/91 Hillsborough/Orange County governing boards to review draft Agreement 3 Planning Board prepares 9/16/91 recommendation on draft Agreement Planning Board recommendation 10/7/91 on draft Agreement presented to Board of Commissioners Hillsborough/Orange County 10/22/91 governing boards sign CPZ Agreement At its August 5, 1991 meeting, the Board of Commissioners considered the recommendation of the Planning Board. It was the concensus of the Board to adhere to the time schedule outlined in Chairman Carey' s July 5, 1991 memorandum. At its August 20, 1991 meeting, the Board will decide on whether or not to include the two areas mentioned above in the Transition Area. RECOMMENDATION: The Administration recommends approval of the revised schedule for consideration of the Cooperative Planning Agreement between Orange County and the Town of Hillsborough. 4 r ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 Moses Carey, Jr. 732-8181 Alice M. Gordon 968.4501 Stephen H.Halkiotis 688-7331. Verla I. Insko 227-2031 Don Willhoit 644.3004 (Fax) MEMORANDIIM TO: Orange County Board of Commissioners Mayor Horace Johnson and Hillsborough Town Commissioners FROM: Moses Carey, Jr. DATE: July 5, 1991 RE: Hillsborough/Orange County CPZ Meeting Follow--up This is simply. to confirm the results of our meeting which focused on a CPZ proposal ' developed' by a joint subcommittee of these boards. Overall, there was general agreement by both Boards with the concepts and key elements presented in the proposal. There also was general agreement'.; with-the• maps presented with two exceptions raised by the Town of ,Hillsborough. - These included the Northeast corner of the intersection of I-40 and Old Chapel Hill Hillsborough Road and the area east of Hillsborough- bounded by US 70 Business, US 70 Bypass and Lawrence .Road., _.-Hillsborough wished these to be included in its transition area.,,_' While.-the Orange County Board of County Commissloners, -.could not agree at the meeting to include these areas in the ransition area, there was consensus to study the request and notify Hillsborough of the Board' s decision prior to approval of the formal agreement. The joint boards agreed to instruct the County attorney to begin drafting language for an agreement consistent with the concepts and policies included in the proposal. They also agreed to refer the concept proposal to the planning boards and staffs of both jurisdictions to begin drafting of an ordinance, policies, and land use plan revisions necessary to implement the agreement. While the work of the planning staffs and boards will continue after the agreement is executed, I have asked the County Attorney to present a draft agreement for consideration by the boards by mid August. I suggest we try to revise as necessary for signing in mid September. I have also asked the Orange County 5 Page 2 July 5, 1991 Planning Board to make a recommendation to the Commissioners on whether to include the areas requested by Hillsborough into the transition area. This recommendation will come to us by early August for a decision by the board soon thereafter. Therefore, the timeline for formal agreement is as follows: ACTIVITY DATE OF COMPLETION I. Planning Boards/Staff drafting Ongoing ordinance, policies and land use revisions to implement agreement 2 . Planning Board recommendation August 5, 1991 on transition areas requested _ by Hillsborough 3 . Attorney drafting of formal August 14 , 1991 CPZ Agreement 4 . Orange County Board of County August 20, 1991 Commissioners decision on addition of areas requested by Hillsborough in transition area 5. Planning Board review of Draft September 3 , 1991 agreement completed with recommendations to Board of County Commissioners 6. Hillsborough/Orange County September 3 , 1991 Boards review draft agreement 7. Hillsborough/Orange County September--17, 1991 Boards sign CPZ agreement cc: John Link Marvin Collins Geoff. Gledhill Betty Eidenier 6 ORANGE COUNTY COMMISSIONERS ' P.O. Box 8181 HILLSBOROUGH, N.C. Moses Carey.Jr. 2727$ Alice M. Gordon 732.8181 Stephen H. Halkiotis 88-4501 6 Verla 1. Insko 688- Don Willhoit 227.220031 31 August 22, 19 91 644-3004 (Fax) MS. Alice Gordon Dr. Stephen Halkiotis Ms . Verla Insko Mr. Don Willhoit Orange County Board of Commissioners Post Office Box 8181 -' Hillsborough, North Carolina 27278 Mr. Horace Johnson Mr. Allen L. Lloyd Ms. Carol Lorenz Mr. Bobby Riley Mr. Robert Rose ! Mr. Remus SmithT Mayor and Hillsborough Town; Commissioners Town Hall i r :., :, _ - t. F------_-- 101 East Orange y Hillsborough, North C ar o 11 na'-,, 272.78 - Dear Board Members and'�Mayor Johnson:-= Enclosed is a revised±draft ofd-the:.Cooperative Planning Agreement between Orange County and==7the Town of Hillsborough. It is different from an7'Au9 ust'`•14,. 1991:' draft in Rthat it divides the Cooperative Planningg"AFea into-a�;transition ,area and an open space area doing away with any reference,'%'even for illustrative purposes, of the Orange County Rural Character Committee development options. It also expressly states that the transition area contains land likely to be annexed by Hillsborough in the foreseeable future. Finally, it clarifies that either party may withdraw from the agreement upon 30 days , written notice to the other party at any time before adoption by Orange County and Hillsborough of the Cooperative Planning Area Land Use Plan and the Cooperative Planning Area Land Use Map. No public hearing is required for withdrawal before those two key documents are adopted. Thereafter, the withdrawal period is one year after written notice from the withdrawing party to the other which notice follows a public hearing on the proposed withdrawal. The Board of County Commissioners appreciates the observations made by Bob Rose at the August 21, 1991 County YOU COUNT IN ORANGE COUNTY ! 7 Orange County Board of Commissioners Mayor Johnson Hillsborough Town Commissioners Page 2 August 22, 1991 Commissioners meeting concerning the August 14, 1991 draft of the agreement and further appreciates the consideration of the Mayor of Hillsborough and the members of the Town Board of Commissioners of this Cooperative Planning Agreement. Very t ly yours, Moses Carey, Jr. Chairm Orange County Board of Commissioners MCjr/GEG/lsg Enclosure xc: Marvin Collins Geoffrey E. Gledhill, Esquire John M. Link, Jr. s r August 14, 1991 Revised August 21, 1991 THIS AGREEMENT, made and entered into this day of 199_, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina (hereinafter sometimes referred to as "the County" or "County" ) and THE TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina (hereinafter sometimes referred to as "the Town" or "Town" ) . W I T N E S S E T H: In consideration of the public benefits expected to flow from the cooperative efforts of Orange County and Hillsborough in establishing a coordinated and comprehensive system . of planning within their area of joint public concern, County and Town hereby agree as follows : ARTICLE I . PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1 . 1 Purpose of the Agreement. The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-- Hillsborough Cooperative Planning Area (hereinafter referred to as "Cooperative Planning Area" ) , as defined herein. Section 1.2 . Definitions. . A. Cooperative Planning Area. The- area designated on the Cooperative Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Hillsborough. The perimeter boundaries, the transition area boundaries 1 9 and the open space area boundaries -of the Cooperative Planning Area are shown on Exhibit A to this Agreement. B. Cooperative Planning Area Land Use Plan. The Cooperative Planning Area Land Use Plan to be developed jointly by Orange County and Hillsborough and to be adopted by Orange County and as it may be amended from time to time. C. Cooperative Planning Area Land Use Map. The Cooperative Planning Area Land Use Map, to be developed jointly by Orange County and Hillsborough and to be adopted by Orange County and as it may be amended from time to time. D. Open Space Area. That portion of the Cooperative Planning Area designated on the Cooperative Planning Area Land Use Map as such and containing development options as may be approved by Orange County from time to time. The Open Space Area is further defined as land which, although adjacent to an urban or transition area, is generally rural and which will generally remain rural and generally contain low density residential uses . This area may be served by public water and sewer but solely for the purpose of the development of large developments or a combination of small developments with significant preserved open space and that therefore tend to preserve the rural nature of the area. E. Transition Area. That portion of the Cooperative Planning Area designated on the Cooperative Planning Area Land Use Map as such. This area is further defined as 2 10 i being in transition from rural to urban or already urban in density. Urban services (public water and sewer and other town services) are now provided to this area or are projected to be provided to this area. This area is further defined as likely to be annexed by Hillsborough in the foreseeable future. F. Development Permit. Major subdivision preliminary plat approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners or the Hillsborough Board of Commissioners . i- G. Involuntary Annexation. Annexation authorized or undertaken pursuant to Parts 2 . and 3 of Article 4A of Chapter 160A of the North Carolina General Statutes . H. Voluntary Annexation. Annexation authorized or undertaken pursuant to Parts 1 and 4 of Article 4A of Chapter 160A of the North Carolina General Statutes . Section 1 . 3 Effective Date and Duration. A. Articles 1 and 2 of this Agreement shall become effective on the effective date of an Orange County ordinance or ordinances: ( 1) adopting this Agreement (after it has been approved by Hillsborough) ; and (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2 . 1 of this Agreement; and (3) adopting the Cooperative Planning Area Land Use Plan; and (4) adopting the Cooperative 3 11 Planning Area -L-and Use Map. Articles-. 3 and 4 of 'this Agreement shall become effective upon the execution of this Agreement. B. This Agreement shall remain in effect until terminated by mutual agreement or by withdrawal of either party. A party may withdraw from this Agreement at any time before the adoption of the Cooperative Planning Area Land Use Plan and the Cooperative Planning Area Land Use. Map thirty ( 30) days following written notice to the other party. Any such withdrawal shall be effective thirty (30) days following receipt by the party not withdrawing of the notice of withdrawal . After the adoption of the Cooperative Planning Area Land Use Plan and Cooperative Planning Area Land Use Map, a party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notice to the other party within thirty (30) days of the public hearing. Any such withdrawal shall be effective one ( 1) year following receipt by the party not withdrawing of the written notice. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. C. Upon execution of this Agreement, the parties agree that each will take,r in a timely manner and without unnecessary delay, all steps (including but not limited 4 12 r to preparation and adoption of the Cooperative Planning Area Land Use Plan, the Cooperative Planning Area Land Use Map, Zoning Maps, appointments of Transition Area representatives to the Hillsborough Planning Board and Board of Adjustment and all required land use ordinance amendments) required to cause this Agreement to become effective. Each party will notify the other party when each step has been taken. Orange County will notify Hillsborough by resolution when Articles 1 and 2 of this Agreement become effective. ARTICLE 2 . ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS . Section 2 . 1 Standards Within the Transition Area. A. Hillsborough shall prepare a Zoning Map for the Transition Area and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection B of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Hillsborough Zoning Ordinance and which correspond with the density designations - and plan classifications as prescribed in the adopted Cooperative Planning Area Land Use Plan and the adopted Cooperative Planning Area Land Use Map. B. Upon completion of the Zoning Map referred to in Section 2 . 1A, Orange County shall amend its Zoning Atlas in 5 13 accordance with_said Map. Orange County shall also adopt by reference the Hillsborough Zoning Ordinance and the Hillsborough Subdivision Regulations and make their provisions applicable to the Transition Area. Section 2 . 2 Standards Within the Open Space Area. within the Open Space Area, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect until amended in accordance with Section 2 . 6 of this Agreement. Section 2 . 3 Permit Administration Within the Transition Area. A. Except as otherwise provided in Sections 2 . 5 and 2 . 6, Hillsborough shall perform all functions related to the administration of the ordinances referenced in Section 2 . 1B. Subject to the remainder of this Section, Hillsborough shall administer the referenced ordinances just as if the land were located within Hillsborough's planning jurisdiction. Administration shall include but not be limited to the following: 1. Receipt and processing of development applications; 2 . Issuance of any required permits and certifications; 3. Review and approval of required site/construction plans; 4 . Conducting necessary site inspections; 5. Enforcement of all standards; 6 14 6 . Any other -acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the Town. The Town may charge fees for processing applications, conducting site/construction plan reviews, and carrying out site inspections in accordance with fee schedules applicable within the planning jurisdiction of the Town. B. Whenever Hillsborough receives an application for.- a development permit as defined in this Agreement relating to land within the Transition Area it shall forward a copy of the application to Orange County for review. The Town shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such- applications within the framework of the County's regularly scheduled meeting dates . To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing; provided, however, the Town may not vote to issue or deny a permit until it has received the recommendations of Orange County or until the expiration of forty--five (45) days after- Orange County = .. has received the. application, whichever occurs first. 7 15 Section 2 .4 Permit Administration in the Open Space Area. A. Except as otherwise provided in Section 2 . 6 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2 . 2 in the same manner as if the land were located outside the Cooperative Planning Area. B. Whenever - Orange County receives an application for a development permit as defined in this Agreement relating to land located within the Open Space Area, it shall forward a copy of the application to Hillsborough for review. The County shall establish,timetables to insure that the Town has an opportunity to make recommendations regarding such applications within the framework of 'the Town's regularly scheduled meeting dates . To the extent possible, the timetable of the Town and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendation of the Town or until the expiration of forty--five (45) days after Hillsborough has received the application, whichever occurs first. Section 2 .5 Enforcement Remedies . A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. 8 16 a B. Within -those portions of the Cooperative Planning Area where the ordinances specified in Section 2 . 1B are administered by the Town, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by the Town. The Town shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions , proceedings, expenses, damages or liabilities, including attorneys ' fees and court costs, resulting from the Town's administration of the ordinances specified in Section 2 . 1B. C. Orange County shall notify Hillsborough and Hillsborough -. shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2 . 6 Text and Map Amendments . A. Proposed amendments to the Cooperative Planning Area Land Use Plan and/or the Cooperative Planning Area Land Use Map may be initiated by (i) Orange County or (ii) Hillsborough or (iii) any other person by filing a request for such an amendment with Orange County. Any petition or request to amend the Cooperative Planning Area Land Use Plan received by the County shall be 9 17 referred to Hillsborough. No such -amendment may become effective until after it has been adopted by Hillsborough and Orange County following a joint public hearing by both governing bodies . Orange County and Hillsborough agree to periodically review the Cooperative Planning Area Land Use Plan and the Cooperative Planning Area Land Use Map to consider changing conditions and circumstances . This review will take place at five, (5) year intervals unless some lesser or greater interval is agreed by the County and the Town. S. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Open Space Area as well as proposed changes in zoning district classifications (i.e. , zoning map changes) that affect property within the Open Space Area shall be initiated and adopted in accordance with the procedures set forth in those County ordinances . All such proposals shall be referred to Hillsborough for review and recommendation. Orange County may not adopt such proposed amendments until Hillsborough has made its recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. C. Whenever Hillsborough proposes to amend the text of its Zoning Ordinance or Subdivision Regulations, it shall deliver a copy of the full text of the proposed amendment 10 + is to Orange County not later than thirty ( 30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty ( 30) day period may be reduced to not less than ten ( 10) days . Unless Orange County files with Hillsborough a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by Hillsborough shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2 . 1.B. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Cooperative Planning Area Land Use Plan. If Hillsborough adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that Hillsborough may continue to enforce within the Transition Area the same standards that it enforces within its own planning jurisdiction. in the event., of, objection by. Orange County as provided herein, no such amendment_ shall _ be . effective within the Cooperative Planning Area until it is adopted by Orange County. 11 19 D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition Area (i.e. , those ordinances adopted by . reference pursuant to Section 2 . 1B) . Amendments to the ordinances referenced in Section 2 . 1B by Orange County may be accomplished only pursuant to Section 2 . 6C (including adoption by Orange County following a request to do so by the Town) . Any petition or request to amend these ordinances received by the County or initiated by the County shall be referred to Hillsborough. E. Within the Transition Area, changes in zoning classifications may not be made unless and until an ordinance approving a zoning map amendment making the changes has been approved both by Hillsborough and Orange County following a joint public hearing by the two governing bodies . Requests for changes in zoning within the Transition Area that are filed with the County shall be referred to Hillsborough to initiate the amendment process . F. Proposed amendments to the text of this Agreement shall not become effective until approved by Hillsborough and until adopted by Orange County ordinance. Section 2 . 7 Representation of Transition Area Residents . Hillsborough shall revise its Zoning Ordinance to provide that at least one resident of the Transition Area shall be appointed to Hillsborough's respective planning board and 12 20 board of adjustment,-. 'in the same manner- as. representation of extraterritorial planning area residents is provided for in the Town's zoning ordinance. ARTICLE 3 . LIMITATIONS ON ANNEXATIONS Section 3 . 1 No Annexation Into Open Space Area. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not annex into the Open Space Area (whether by voluntary or involuntary annexation or by any other method authorized by law) nor shall Hillsborough seek special legislation accomplishing such annexation. ARTICLE 4 . LIMITATIONS ON THE EXTENSION OF PUBLIC WATER AND SEWER. Section 4 . 1 Extensions of Public Water and Sewer. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not extend its public water and sewer into the Open Space Area of the Orange County/Chapel Hill/Carrboro Joint Planning Area or into the Upper Eno Watershed. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not extend its public water and sewer into the Open Space Area of the Cooperative Planning Area except consistent with the development options for the Open Space Area adopted by Orange County from time to time. 13 21 THIS AGREEMENT entered into this day- of - 199 Chair, Orange County Board of Commissioners ATTEST: Clerk to the Board of Commissioners Mayor, Town of Hillsborough ATTEST: Town Clerk 14 OMW 4 i ° COO pea ter ve P1a�rn� rg0ne au Ir L7 H-llshorough Corporate.LzmIt. & EJ ;'_ : . 1 " r rtat7 sit!on A I cic ■■■■ RuIBufferBouda�y H `� _ v; "�_ rr F�^ ,ti 4tlpperEqo watershed , +'�� rr' �:�' it � � E. 4' �'"X�r.- .!r- fr;rri`' iy•.! - Bolu idart' 1. •'--rfFyc+fl.Y�t:r� _s� _ 'c��'�`war.�r�• � _:- :�{-t�. �',',f� _fi ���,''.. f' V?`r,f¢��5-,'. F�.� ��►~`�' ia.'iF',-3C ��. � V t� � r I.�.f•r�.�p .t '� `:f �'Y•:^r r',.�. �" -.. k�Z` �:rvs� .,k .h iF'`V ,c' �•:?.��= _.�x��3 [ i ?•{ i,'�Yfd�nk�.}•Ei iT{t1si�'f>S •'� r:.: - rt-`. r - •'F� •r -�: ����.j/' s'r f.r? .1 ��iY � 'tti`' ^..�' t�'. ..� f.. SFr- rr-• r 1 :• i Now CAMP SCALE: 1 .y. + N N r x 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. Vffi—L{ ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3 , 1991 SUBJECT: Approval of contract ; Design services for Northern Human Services Building Roof ---------------------------------------------- DEPARTMENT: PURCHASING & CENTRAL SRVS. PUBLIC HEARING YES: NO:XX --------------------------------------------- ATTACHMENT(S) : INFORMATION CONTACT: Pam Jones or Wilbert McAdoo Proposal/RTD Associates, Inc. Telephone Number-- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688--7331 PURPOSE: To consider approving a contract with RTD Associates, PA for engineering services associated with roof replacement at Northern Human Services Center, Cedar Grove, NC. BACKGROUND: The Northern Human Services Building has a roof area of approximately 31 , 000 square feet . The existing roof is a combination of built up roofing and a foam application installed in 1984. The roof has blistered and is deteriorated beyond repair. The funds for this project are included in the CIP. The two firms submitting proposals for the work and their respective cost quotes are as follows: RTD Associates $ 7,440.00 Michael Hining Architects $12, 000 .00 The scope of the contract includes all work from determining the most suitable roof system for this facility through design and construction of the system specified. A more specific breakdown of tasks and timetable is listed in the attached proposal . RECOMMENDATION: The Manager recommends approval of a contract with RTD Associates, PA for a cost of $7,440; and authorization for the Chair to sign on behalf of the Board. or i 1a Roof Engineering Technology RTD Diagnostics and Design 5500 Executive Center Dr., Suite 117 Associates, PA. Charlotte, NC 28212 704-536-3322, August 5, 1991 - Mr. Wilbert J. McAdoo PROJECT: Northern Center orange County Public Works Cedar Grove, NC P. 0. Hoc 8181 Hillsborough, NC 27278 Dear Ms. McAdoo: As a Professional Engineering Firm, specializing in the specific area of Roof Diagnostics, Engineering, Design, and Project Management, we respectfully request your consideration of the following proposal: We propose to provide our specialized Roof Engineering expertise as listed below, for the above referenced project. ENGIIIKKR NG DESIGN AM 922MWE ALMIIJIS�RATICN SERVICES Phase # 1: Project Plannin g an A Staffin A Project. Manager shall be selected within our firm to work closely with the owner's representative from inception to successful completion of the project. Phase # 2: Project Reguirements Review A careful and methodical study of the previously prepared Roof Diagnostic Report (as prepared by our firm) shall be performed to correlate the existing conditions, problems and viable solutions for corrective action. Phase # 3: Project Scheduling We shall prepare a tentative work sequence schedule for the Owner's representative, to establish time frames for all phases of Engineering, Design, and Construction work to be performed. Phase # 4: Performance Criteria Analysis Due to the sensitive and reactive nature of the roofing systems available today, a Performance Criteria Analysis shall be developed in order to determine the actual requirements of the roof membrane, insulation, attachment procedure, drainage, customized details, etc. This Performance Criteria shall consist of a site visit to evaluate all conditions which must be considered during the roof system selection process, in regard to building and owner requirements. commy NAME: ornage County Public Works 2 PROJECT' NAME: Northern Center LOCATION: Cedar Grove, NC Phase # 5: Roof pys-tem nraluation and Selection once the Performance Criteria has been established, research shall be performed to determine which of the many systems available have technical capabilities which are strictly compatible with this criteria. The significance and importance of this phase is to properly select the right system, which will provide our client a successful roof system with maximum longevity, minimum annual maintenance costs, and max3immi return on investment. Phase # 6: Schematic EW:Lmci&cdneeri e and Des' A preliminary engineering and design shall be performed to establish the requirements for the various coamponents of the roofing system, such as membrane, insulation, attachment procedure, associated details, etc., and to organize the content and format of the technical portion of the design specifications, which will become an integral part of the Contract Documents. This technical section dictates the standard of quality in materials and workmanship. It also outlines the existing conditions, scope of work, materials to be used, and execution of work to be performed. Phase # 7: S erratic Draw' and Custcamized Detail Design Dom mentation During the site visit referred to in Phase #4, the Project Manager will evaluate each and every different detail requirement such as base flashings, edge flashing, vent pipes, equipment curbs, etc., for customized detail development and illustration. Also, a cmiprehensive roof plan will be developed to show local placement of equipment, drainage dimensions and other pertinent data for final working drawings development. Phase # 8: Front-end Portion of the Bid n MMgnt Development In the best interest of the Owner, it is imperative that the total bid document package contain legalities pertaining to general conditions of the project, insurance requirements, jobsite use and behavior by Contractor, time of cm pletion, liquidated damages, quality control statements, Performance and Payment Bonds, etc., to ensure all parties have a clear understanding of who is responsible for what. An interview with the owner's representative will be conducted by the Project Manager, to discuss the various items necessary for the front-end documents, in order to oomply with professional contracting practices and your organizational policies. Also, certain times, dates and places will be established within these front-end documents for the bid advertisement, pre-bid meeting, bid receipt and contract award, etc. �E� � Diognostics and Design RTC 5500 Executive Center Dr..Suke 117 Assocbres.P.. Chance.HC 26212 704.506.9322 1 OOWAW NAME: Orange County Public Works 3 PROJECr NAME: Northern Center LOCATION: Cedar Grove, Nc Phase # 9:, Final Engineering, Desi Draw' '1s and ification Develo t B'd Packa Under this phase, the completion, correlation and merging of all comprehensive =rponents of the bid documents shall be completed and submitted to the Owner's representative for approval. The Bid Package shall include: (1) Invitation to Bid (2) Statement re General Conditions (AIA - A201) (3) Supplementary General Conditions (4) Statement re Instructions to Bidders (AIA - A701) (5) Supplementary Instructions to Bidders (6) Form Of Proposal (7) Bid Bond (8) Statement re Form of Agreement (AIA - A101) (9) Performance Bond (10) Payment Bond (11) Division 7 - Roofing Technical Specifications (12) Working Drawings and Custamniaed Details Note: 10 sets of Contract Documents shall be provided for Owner and Contractor use. Phase #10: Pre-bid Conference On the pre-established date, the Pre-bid Conference will be conducted by the Project Manager at the project site. This meeting shall be attended by the Owner's representative and invited contractors. The Pre-bid Meeting shall be divided into two sessions: 1st Session: Inside the facility, preferably a Conference Room. During this session, the contents of the Bid Documents shall be discussed and any questions answered, ' in order to thoroughly explain and clarify the full scope of work to ensure cmparable bidding understanding. 2nd Session: On the roof. All parties shall be given the opportunity to tour the roof to verify existing conditions and scope of work involved. Minutes of the meeting shall be recorded and will beaxm an integral part of the Project Manual. Roof Engineering naiogy Diagnostics and Design RTC 5500 ExeciAve Centor Or-Suite 117 Associates.PA. Choflwe.NC 26212 704-53&8322 COMPANY NAME: Orange County Public Works 4 PROJECT NAME: Northern Center LIOCP,TION: Cedar Grove, NC Phase #11: Receipt and Tabulation of Bids on the pre-established time, date and place, the Project Manager shall assist the Owner's representative in receiving, opening, and tabulating the contractors' bids. A careful review of each bid shall be performed to verify the completeness, and extent of each bid as required by the bid package. The bids shall be tabulated to determine the apparent low bidder. pRQ7ECT SERVICES Phase #12: Pre-Construction Conference on the pre--established time, date and place, the Pre--construction Conference shall be conducted by the Project Manager. During this meeting, the full scope of work shall be reviewed by all parties present. other pertinent project requirements shall be discussed and agreed upon such as: staging areas, schedules, pay requests, cmumudcation channels, use of facilities, submittals, etc. Minutes of this meeting shall be recorded and will begone an integral part of the Project Manual. Phase #13: Submittal Review and royal Upon receipt of the submittal package, as provided by the Contractor, the Project Manager shall carefully review all material samples, material technical data, etc., to confirm o❑mpliance with the requirements of.the Specifications and Bid Documents. Phase #14: Verification of Material Delivery and Proper Storage The Project Manager shall visit the project site to inspect and verify the type, condition and quantities of materials stored are in compliance with the material requirements as specified. The type and quality of storage facility, covers, etc. shall be inspected to verify Proper Protection from damage and weather as specified. RTC Fko&E� Te&*x0oW Diggnostirs oW Design 5500 Executive Center Dr..Suite 177 Asxxkues.P.. C xAme,NC 26212 704.596.3.722 p ` 1; C3APANY NAM: Orange_County Public Works 5 PROJECT NAME: Northern Center LOCATION: Cedar Grove, NC Phase #15: On-site Ins ction The Project Manager shall visit the project site at such intervals as stipulated by the agreement between RTD Associates and the owner. During the on-site inspection, the quantities and quality of application shall be carefully inspected to verify strict ocnpliance with the contract specifications. Progress update reports shall be provided to the owner as required and shall consist of written and photographic documentation of work performed to date. Phase #16: pay Egguest Review Verificat' and upon receipt of the Contractors Pay Request, the Project manager shall review, verify, and approve properly substantiated payments due and forward to the Owner for payment. Phase #17: Substantial Caanpletion Verification and Punch-list Development At the point of substantial coupletion (90% to 95%) the Project Manager shall visit the job-site to inspect the work performed to date and establish a list of items which need to be corrected or ccopleted prior to project close-out. Phase #18: Final_I 'on and Pro'ect Hance V 'f'cation upon notification by the Contractor that all work has been caanpleted, the Project manager shall perform a final inspection to verify that all project and contract document requirements have been successfully satisfied and cmpleted. Phase #19: Assembly and Submission of Project Close-out Documents The Project Manager shall co-ordinate and assemble all project close-out documents, such as Warranties, Certificates of Cmpliance, etc., to be forwarded to the Owner, along with the approved final Contractor pay request. RTC Roof Engineering noiog,r Diagnostic and Design 5500 Exeaxwe Cenw Dr.,Suave IV Assodaies.PA. Charlotte,NC 28212 704.536.3322 t M COMPANY NAME: Orange County Public works 6 PROJECT NAME: Northern Center LOCATION: Cedar Grove, NC SCOPE OF WC tR AREA FM THE SLIM OF• Engineering, Design & 31,000 SF Contract Administration Phases 1 - 11 Project Management Services Same as Above Phases 12 - 19 (Phase #15: 1 site visit/wk.) (8 Hours) TOTAL --- $7,440.00 includes Travel & Per diem Time Frame: Phases #1 - 7 - 1 1/2 wks. Phases #8 & 9 - 1 week Phases #10 & 11 - 3 wks. Phases #12 - 19 - 6 wks. All services provided by RTD Associates shall be performed by our staff of professional, experienced and qualified individuals, in order to provide you (our client) with not only a successfully conpleted project, but an opportunity of joining our valued list of satisfied clients. on behalf of our entire staff, we thank you for the opportunity of presenting this proposal, and your consideration of allowing us to beccne a vital part of this project. Respectfully submitted, RTD ASSOCIATES P.A. Bob 0. Bryan, President BOB/San Accepted by: Title: Date: �` , Diognostits and Design RTC 5500 Executive Center Dr..Suite 117 Aswdores,PA. Chodwe.NC 28212 704.506.9322 t 7 M TERMS OF PAYMMU-& GENERAL CC�IDI7TIQVS 1. Roof Analysis: 50% upon initiation of contract, 50% upon delivery of report. Mcafications: 50% upon initiation of contract, 50% upon completion of specification page .On-Site Ins ion: 50% upon initiation of contract. Balance paid in proportion to progress of work. 2. Finance charges of 1 1/2% per month will be assessed on all unpaid balances beyond the terms outlined above. 3. The owner shall be responsible for providing: (A) Access to the jobsite and the roof; (B) Removal of any ponding water on the roof surf ace. 4. We require a letter of acceptance, a signed copy of this proposal or a written purchase order frcan your company, prior to performing this work. 5. RTD Associates, P.A. reserves the riot to invoice for any additional area, over and above the specified area and any services performed that are not included in this proposal such as warranty enforcement ($52/Hr.) consultations ($52/Hr.), per diem ($75/Day), travel expenses ($.35/Mi.), or any other related costs above and beyond the herein listed scope of work. Duplicated copies of diagnostic report - $150; photocopies of diagnostic report -- $25-$50 (depending on size and nature of report); extra copies of specs, plans & contract documents - $50. 6. Please note that this proposal may be withdrawn if not accepted within thirty (30) days frm the date on the proposal. 7. A Certificate of Insurance will be furnished upon request. 8. Delay Clause: Should the work be delayed of no fault of RTD Associates, the additional tame shall be invoiced at the rate of $52.00/hour. 9. Should the roof be under warranty, all core cuts and moisture probes shall be performed by the warranty issuer or contractor. Any charges for core cuts or probes shall be the responsibility of the owner or contractor. 10. The drawings, specifications and other docwnents furnished by RTD are instruments of service and shall not become the property of the owner whether or not the Project for which they are made is cemimenced. Drawings, specifications and other docents furnished by RTD shall not be used by the Owner on other projects, for additions to this Project, for completion of this Project by others, except by written agreement relating to use, liability & cm%nnsation. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. y ACTION AGENDA ITEM ABSTRACT Meeting Date: September 3, 1991 SUBJECT: CONTRACT APPROVAL; ENVIRONMENTAL ASSESSMENT OF PROPOSED SOUTHERN HUMAN SERVICES SITE DEPARTMENT: PURCHASING & CENTRAL SRVC. PUBLIC HEARING YES: NO:= ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES CONTRACT Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 ---------------------------------------------------------------------- PURPOSE: To approve a contract with Alliance Technologies, Inc. for Phase I Environmental Assessment of the proposed Southern Human services site. BACKGROUND: In cooperation with the County Attorney, proposals for the environmental assessment were received from two consulting firms. The costs quoted by each firm are as follows: Sirrine Environmental Consultants, Raleigh $2900 Alliance Technology Inc. , Chapel Hill $2987 Following evaluation of each proposal , it is recommended that a contract be executed with Alliance Technology, Inc. for the following reasons: 1 . The scope of work appears to be broader. For example these items do not appear to be addressed or are specifically excluded in the Sirrine proposal , but are included in the Alliance proposal : a. Evaluate the possibility of wetlands or endangered species on the site. b. They will consult an inventory of stationary sources of air pollution emissions to determine if there are significant emittors within one mile of the property. This is relevant information due to the close proximity of Horace Williams Airport . ti 2 c. Alliance will investigate the building structures and their contents. d. Alliance proposes to cite in their report the location of on-site wells and septic systems. This could be useful information to us later in the planning process. 2. The, County is protected better from a insurance perspective a well . Alliance provides general liability insurance with limits of $1 , 000, 000/ Sirrine does not provide such coverage in their proposal . 3 . From a budgetary point of view, a local consultant would Present advantages on reimbursable items such as long distance phone calls and travel to the site. The findings of the assessment will alert the County to any potential environmental problems on the site and will allow us to plan from an informed base. RECOMMENDATION: Manager recommends approval of a contract with Alliance Technology, Inc. , Chapel Hill , NC for a sum of $2987 to conduct a Phase I environmental assessment for the proposed Southern Human Services site; and authorization for the Chair to sign on behalf of the Board. 3 FeChrKbg"COMOMOon June 24, 1 M Mr. C3edhw OWN C;oW =v8 n hck Law Firm P.O. orawrar 150 1-11I1aboragh, NC 272 Subject: Ish m I site Assamrrem Hbumalbo d Road Property (Amanca 44M 04XM Dear Mr. Gk&&- Thank you for*orar;derinp ABlm=Tedv wWgm Corpwoon fob ft dwm rsferenoed project. This submittal indudea a scope of work for a Phase I Site Asset Mxhl*A), a braslcdown of{aDar Imurm re lve to various portions d to soaps ar worts ( B), Api WWO rates Mxl,W C), and an aprrrrtt for pralaakaia-mW awry v As we died, a Phw I InwedgWon is focused on kderrtllyinq all patetKial I dAtias mamland with a property. Should arty be found, a Phase ti brv.aigetlan mad d be rrwcorntim in artier to i0e Wy and qu■Wfy the rwaxa and oaaant of cantumirmdan which mmV be premarkt M required, caUnirmW remedtation acOv bee would be m -du under a Phis IN study. The W OW ttlbW be perftamted on a dials arty i O ark& bmmK vdh a spaoilied riotmac waxed om*M moutt d J,967 which is 4■rwrd in Extftk d. This art om Is ba ml an to scope of warp far this pmom Should you*0 rAwythirtp in order, pleat aarak m the amache0 agi men artt for pr bmWonW services and return. Aires wN then emu p and larward a aaq far your fft& If you hoer arty questior+e, phme f"*"1v carrta,I M& We look fai m rd to wafting wM ire!a►tats prajrat and fup,.e pr►ajrrrra. Should ray have arty k�lwatiatw, pier foal ire m swigs#uL a}nv.reyr, �.i zalk 0. CJA.Az hl-- me tr, PWmm�mebrim i i I Cr.AMW& Yltinasr I ins 9s► 1W Vkae f tofu Obiion i I i f W-FaMa Drive. Suitla 150. Chao Mill, North Caroline 27514 919.9%9= 4 e I:XHW A 8001%OF WORK, PHASE I SITE ASAESiMENT HOMIiSTEAD ROAD PROPRIM CHAPEL NIU, NORTH CAROUNA Oranpe Counter Is in the process of purcha ft a 3+acm tract d land south of Homestead now in Q111" Mill, NO, This ao4pe Of wax Caner■sass the BCWVlee AY wxw peraa,rwl wM ursArtakrr in aie conduct of a Phase 130 ammai used at this property. Any poterttlwl Phase 11 odes cannot be detailed until a Phsiss I aaarserrrent has bsen corriphod (La, urd potential ernirormW" cormwm nave been lasrtdfisd.) However, "ecops of work also ldemr"evens pvtentiai lambiwim tlwd L ould be associated with famiing operations, and describes the gsrtsrai actlorw-Allianae would take in confinrning acid ds*mdV the no"and eMent of eontamirtabon at the site, As the ir*W slop of a Phase I envirorimenMal aaesarrtent, Aftm will conduct a thorough eraarnlnMfon d the property 1,ovior and saterior. Items to be evaktatsd Wwkx s the fotowirrg: • At bulldtng Muotvrss and their corrtentw, with spoil atisnlw paid to pssft:k s, Irerbicidea► and oltw rvntaharmW O micals and wastes which could be present • LocOm d on-eft wells aril peptic systems • underground stomps canal sbavaWoamd storap tarf, ano asaoclaiad plp*yj • PCs-OWa*rirtp Uarwormers as in d by labels v • 911@lrir11 ct sail► strsr■grdsad vop m*n, dwaloration d surba wow dshictabte odors A1110 We will nals propwrly uses in the inYtrsdlsls Vow of Me avg w xK" all dal tatty be pall to atgson 4 papa We which msy harbor kxk*rMl operations or involve the rianagemsnf of atslNrlsls. N irrtanrabi on preriolw alt awrlws Is arrNhft,Aftwe pomp will sysltrsle do owrwahip and wi rswea d arty polwrrll■1 Nola Orr'IWIW Ards Wolla rind by Pi'm u l Mtrs propaty Loops or owrreroW Wer1!#icdian d pMWA pcap M4 owi s Is ruoss+ry in aFaw to Ommly eery pat smuivrian g relaaase or incidsrlb whiaA MW Mores amounted al the propsny undwr pr Am s ownwsflip, -- i Arable will ells+wall Me pawvws nyrr WgIc, and sim bgaly a aarrosrrpnp sew aft a wssttrr of irwtofrrl�pn/aiai�M t1rlllil ire the Reaesrah Trisrlpllr aroma Tha tIm major tinMre 400ft NOW M itli M$AN CarOU SM UrtlMMr*, dtis W*wdly,wd re Unwed*41�00"al C20pol Nil all hwrrs sraOSN/r11 Rirraly reMe rMfiital AkftiGe 6squ0 nsl m inidw. A rllr eft d prdaltlom lnduft LW L& vow slap ■M� torts, artd prglMwMarrr pspwrM, p+oMdv s�MnwM eiwewrl Cana--- udff SWO I I so ila Aft=will orb 0 D NO Roost p1aro0 era a gli aA ig aMelrs to dsltrr10 0 wt 100 OV wedmft or wrrdwgpW apapitra we talown to actor in the vWtty of ft OL Aft- rIM=WA tM tlM~Mwrsre ery d Mwdarlrwy sainM ails air pottrdwt MrrriMft a b daewrrtine l�arlce OOnsult� er�sw!a daaarrrrinw whvttlMr pc>wawwrtflal hsverdocw waea, >l��1�'1 a OrtA�t�ta�M e>f thM prOpMrtjl. Ar>tria psrMlxnal yl►w kMA111aW Ivaai arts MIS rsQtii p> irtXlr OOw>lOwRlk1�ti�d0lai wadq1 and alas ouxv loop wil atomise at peed riser ft sib �'nsraaMaMy►llttsrivs psrsorinsf wr visit rspohlary omorM to coraua tltw roesarch ALLIANCE Techndogia Corporator 5 «rninp v#rw aildt�rr, K the title scorch indiaa�ve any paow#el aral�anlrwrwt!impairrrrent due to part prapsr1v -0 ON op a Lmg% these wo be n modlsd as wall. Aq irtrpvctiarl arM�rrss w�l be dootxn�rrid � a Phare i Sys Assaaemvnt report. Ths rspart is artdcipsta�d tv M�krae irlfamtarorr an utie toMawirg aub)scea: Sts la�atbn • oa tt grid p vft a as aperaftu • BWWQ and propwty Wmpo=m mid dm wvatiais • 8uffouro rq properties and urea • . - Oeab& tydrolaplc, and aft k*nnmftn • Fntsrgw y mopmu irlciclsi w in the vkMity oil try x" • Any rpt40" agency inspfecdom carmc"aCtlarK/txmprrancs mom in pie vicar* Of tfw PMPWY TM apart wR In k4a si w a st"rd t oWq me need for a Phaas n invostlpatl % bmd an pasrbep SVWVOrlr NMGI NsbIfts Orwawrsd durirp Plaa @ 1 acuvoos, or wil stag that a Phrr b as r�arCdQ-` doAnratinp cwtWM made, po lams W*w*iarM 4 Nd dooc&Nn la mWwwod - i a s � - Tb�rbbpies Corporaaon r i 6 ` Exhibit A Cost [stints, homestead Road Phase l Site Assessawn Hours Itas� PS P3 Clerical Cost A. Site iialkowr and Inspection 8 $Gw R. Canvas of Surrounding Prgwrtiec 1 s9i C. Evaluation of Site History 4 $300 D. ftplatory Review 8 3600 E. Topographic, Geologic, 4 $300 ro*ologic, and Soils Assesseent F. Report Preparation 6 4 $752 G. Technical Wow 2 2 $946 Trawl to site. regulatory awnCies $14 (approximately 60 miles I $0.24/wiI@) R. tt Total: �•�7 I i i f :. � III 2 7 A'ITACHHENT ALLIANCE T 4HNOLDGIES CORPORATION Swat Mills South Foot of John Street Lowell, Massachusetts 01852 CALENDAR YEAR 1991 COMMERCIAL TIME A MATERIALS BILLING RATES BRANCH OFFICES (Effective 1 January 1991) LABOR . (+AI&GORY AESCRIrTION HOURLY RATE --- Corporate Officer 1 $200 PS Corporate Scientist/Engineer $135 P4 Group Scientist/Engineer $100 P3 Principal Scientist/Engineer $ 75 P2 Senior ScientistAngineer $ 55 P1 Associate/Sclentist Znglneer $ 40 T3 Technician III $ 40 T2 Technician II $ 35 Ti Tecb�t isn I- $ 25 --- AduLnistratioa $ 75 -- TecbrAcal Publications $ 38 Dimt NMop-.sdw dma r will be billed at actual cost plots e 1 It,admisistrstivs rp- i . _ - i i AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made by and between Alliance Technologies Corporation (ALLIANCE)with an Office In f3rff� (CLIENT)with an office in CLIENT employe ALLIANCE to perform professional services,and consultation for the compensation (as set forth in Exhibit A) in connection with ("Services'). �. gEAt immrrdimaiy reft CLIENT ana OW 68=00ns n 0". awnt w ww an arty otdr ao" of acdon ngwnd ID 1.1 AL LANCE dW PwWm ft Wbwfrp' make the mb"rAkpn sum"for we on 1M swv=s. 1.1.1 Consuh wib+ CLEW to coly and chitin* ALLIANCE'S 33 Arrange fm Gams 10 WW mUoa aI pre+wtM for ALLIANCE rggwwNrn far thr scalar and ro+riaw wmObW dm. io antr um pum ano wmm prmmi at mcprw to ALLIANCE 0 Parbrm b SaMM P Ad~CLIENT m ti dM naeWAY of CLIENT'S rr+oMM Or aWNno harm Wsm WM10 lorric" Wd dm mKNOW m 314 Pefilem such ow 1lavoW of era final WW M ParaW 2 Gan edwI WO the So%A and aGhat CUNT In obla NV of E00t A'SOW Of Wank' 9ugh dam and aw"ll aa. 3.9 Onr aA twa111 Kldidlr'4 b apmpllalga 600r Ole raquuanrra 1.13 Prarida ---11 al d CLIEKPS nNW with #wWusdam and of th11a seem I w 1praara"Aft of proapretivr aaludarr. 4. P14O=OF PRNPOIIbAMM 1.14 P"r row wrnifh up to 10 mmin of a Rarest on ALLM21*Pvk a. 4.1 ALLWIM SPAata 61111 be 411144"N" =IM* at ft dalr titian tr.ttrpat i.aae11plyd w Q.@(f. Aaatldt+ea 12 The srMaalt d ALLIANCE Idrnraad aboa+Iirr daaerbad in by MW a►a rdt to ww*6ORW and wa not emm Eah"A wwdlrr •flmw d YIInrN.' 6hjdt it SUdW W w dta aW mft bale AL LMM MW w dtna. Gilt n�adr a part d tlra ANaarrrala ALLMNCn 80Maaa wd In pnaunt■r D w=08111M. L RAMMUM1111FA1W 42 a and as PRO elm 0o aftr d ALL Nen swwraa eta s 1*0 offi 11lad i Immo d 1lawah no taus of W It atlMU11r" IV aw, SNOW rlllalyd alrvim we to ALLWWL aA mw etaaanrw.. and anrews co pMArIIrW IV ANWIM wit adflrorO WMPP W as aenormlon ad w M# iw artlpaarn of parlalrrlmroa GPM afhfil to aeM11a�tr attAlsla ayl11aa� L 1 43 ALLW W IN-"No Is•nww sm to davrar of -Oil wd aa>t11 tMi11M 1a in a0mW w 00 80 014 OMMOd r�� 46 M in a""m*m r as mt PONN W awl pl m6m rb wana+rpr a in lau d ail am W 001101111114111111116 abfaar araararrrd w WNW& s 1a11arl m aq ar+llwa Aa mm"um f t PMW d soft mw u mmmosn aw t LC1. M's t+la abanr■E►ps11Wa fowl Ilan now NAM"# VA br �. >rartliaw and datiM+rl� laatat+tilb Iwwail11: tirsl�lt •d�a ar dUwl�aq► tlrraaR +� ON na low than a P w ally aarlpd e"of tr sarvkm r� arla ltlM*an Ct lEFrrlltl,brd,rl► 1Nr +r1 ft" a No Era aor. 7116- go ONO" d ALL mn aft soft wl d ft Aawwtrer tr aw L! MirMaM•M111MN"S alp aldrrrd rafdaa. nptrM alld atltw itltdd al afna11ip, the ow at6rarl M til11ftl attttpartaarwi air do pwwmm m me b ormpm cow a 4unodaa rarairad AUaI/IAM. AUAM b don w MOO SAN"" rtpwn and dad L MY�119ALWIM� mWAmj and Arrirh w ALL#MZ aarilaaa d oataht b pwlaenlatMa of Ai11AlICk"= $MrivMa U C ENT +yw8 pW AIL OMM. ltar air ltl�' M Alnda+ad ALL>ow 00 to WON ev nM and r" Wa' i auCh p1r asw+ra as bbewd in Uft A. irAnrlraa11l! and Mt1A011a parbad by sXr� w ova in wrfMllrA:: ALL.f1AWn sale "A U Wied Mdtfn11mm in owl w 11nam+m. allwl i I . (� 9 ALLIANCE " submit more ty motes ky SaNko3 6.6 ALLWYCE shall be and nrxkww. CLIENT small make �� of an indepv^aen; prompt payments m reapon3e COhtractD•' in the pertarmanae d this Agreen+ent. to ALLIANCES bivocn. ALLIANCE *W have Complete drerge of its emplovees WVO* in the perlamianca Of the WorK wd sich 6.4 10 CLEW fails to make ary payment due ALLIANCE wW,-n employ*"shop not be c"WOred omptoysts of Lhe CLIENT 30 days aft recaip; of a 9 a-ent, the "mount duo in any respect. ALLIANCE shag indude a chaW at the wme of 1.o Dow, Per monde from sad M day. In addlmn. ALLIANCE mey, 6.7 ALLIANCE shall wmpty with a1 apo%abie larva. Federal. after g&WV 7 dWs' writer no6w a CLIENT. suspend im Stew. and any subdMoon meraoi, and the ru*s. Serwes wd ALLIANCE has bon paid in Nit all amounts regulimons. and codes of any iaattut mgwatory bpdy gang due. thereunder. w+aud'atp amendm" and Chang" as they shat 0M.. 6. GENERAL CONSIDERATi(M 64 Ali Swvloes by ALLIANCE Shall be subjod to ft rspocc- 6.1 All downwrrt5 prepared w hrnr ,,W by ALLIANCE (and and apprawl of the CLIENT at alt thanes, and the cLIEM"S ALIA, -9 im" WWW-t prei"srienal a"nr rte¢. duly authwmed raorernMve" afrtdt haw am@"s at i1 subrnne<acdra. and wnsuhanm) wxsuan. to this Agreecnern rrarena7M ernes eo ALLIANCE'S to Idw where dre art ImstrUments of somme and CLIENT shau retain an ureic"We patio • Ownership and progeny i=to.dst tt wein. ALLIANCE msrtr make and reWn to "+&?"attar and r feu 89 ►hither ALLIANCE, nor its speru. xA=rT=-S, tvt+.ve projects. . a emp!WI7 shag be"able m the CLIENT W I oorrttgwntad damapaa, iidUdino, but het iNnlmd to, bas o' t trs 6.2 CLIFW and ALLIANCE each is hereby baurd and ft use and Mr. of profit. due to bmach of ootltru-t, brealr o- pwvweo, euccomem. NMPdtora. "d"kr Waws "ro WON itri'rutty, or any MW amse. whww arch ll( represanw16voa of CLIENT and ALLIi WM land to the habdrlY wises IM AffasnisnL 'ftkXMO braadt of warrrty. atttent parnetted by paragraph 6.3 the aw"a of CLIENT or cony,ina driq nepllpnioe. p and ALLIANCE) are he" bpwW m die odW patty to I" AQre"We WW is ft p0Mwe, erm"MMn*. ow where, 6.i0 ALLIANCE 90 my or ewn a be mid dl taaws and administrators and kgW rapresenwws (and said aeaiphs) fr OWW Oa 4w&-lona IRiPc+ted by pi' and Nwo Of avdt other panty, in nsapac. Of an arralartti. Mpresn O Federal and titre MM Trial respW 10 Mnuartemdor CO acid abli herons of Tie Agreerwrt w n*vm d ALLA MCE and aw autarOr"cIar rd all IrlUMM and oera eft IN lk-e irr4ar acid larva as a n"utt of 63 Naidler CLIENT nor ALLlANOE sfraft =Mr. sublet w nwwwnpearta"tf*sps h. trum"r sty ftft WNW or NaNfto in (kKk dtnp, bx WNW W&VIIah. ffAf@p /rat ?tap beMprn* dw w a.t i The CLIENT " have fie rt K at any wa dump tier n mays due ono_drip) ere Aa+ear"re wo%+A me w+iluen lawbrnrenrw at ft 5 arvfel1 10 imwiiis or dwasiss the ct7rlm d fn arwr. wtotivt to are MUM thatt any an wR at or male af>•mMm in, ft tlerwaaa to be aaetpnnWI WAIW q or Uamdar is ata1M*by No or ft parfrf11 arrd the mrwial;. equiprrleru, and etpparafto ro efleot Of rtes Uuytaiarr Trey w rarpkaad br 1W. Lsdes be LP aw+ar trifler fHla AW=MMt by gulag tb ALLIANCE aI 'a'iy OMM in the "rimy irr any "A" a nes" w free Of ifir CLIEM iftibi a ntMe sum dwggs w am aeeiprreWL n0 4a w rnrlt affil release or dat 1 -g the aferabw As auan fti rftwllsr as p'aolaabte, ALLIANCE aaipt'w► 6" any dug err Me"W" w"Mr pie MW 0 ups I add lei 40 a on cUW a ptapow am" Apoeffi nil Na1MrN a M&W A title OPIPM 1 dO "ft penis Of amttpatesllten w IWA awe wwk NM any prerern ALLMiNM 1rer+rr owOMVWQ atilt irdoerowo aNllawratt in 00 d wMfhwntM d fie AW061m'4. The pfeieedorral aaNWAMa. wrraretm m am MOMLftla ar CLIENT veld boo ne 4pht is amp err now rch AUkw= MR dram arrerrlm a 40M in the NapaaM• Ur apfaatWR Now ft OANT a" pe+b IWW d tier.rna hMONa►. or IiMprrfw++t i Al.LW10E 4a • OR Noma ar ftii as d Mbdt. the ALLIAMW Pof i s of � tearvim ae err AMR Ti, CL(EMT"ttabntk 10 mum= a CwQw Chrwe form CUNT up"r no dohnow d aele ere 46+wet of sum Mrw by der CLONT, ditico I ?rat the &mpe or awEratettTlalrie, stltwrrlan is ms"4"apaeityelp any rranaae or daorMr"rs th the averts d ft ftlM rajH' br aen Oft t d tTe ere tlearrq nMe� a!i Itptawwt MrtM M *rrwre/ r rr0 1lrark M a Nerd 46 OMM ON wlai AL.LIAIMM ww dfpa w w1ft rN 11a AAnerR a 4tM1 M atlwr 7iwrwpwt4 AIM= Ad aaawiw ear "*hart a the Ow gMw 4w AI,LM1iE very di dtttlfaa " CLEMy are am of aa11 Arta w OANP bna avid Suede raoviii1=111iiii tarlMM1111111t iMaamilliw a ill of IN 0 11 on dip* Maud a wI*h► so fa =a any 11 mdse be err atte 4w aril oral " barrsla M+: &off aM ttM1 domparo rtNltln rtlatAad mow AUJUM d rltlttb fur mead vl ow pow. a.1A p a dilly►is ether*by all w of parr be,ArrbM tlestf. U ALL"M Ow tatew d M0 40"Now MWO IV GOMMena, aft ro= or apwr am dww Or by M of radiU/wr. M •N**%O%a A— " ••rw eqow d ft r a"* of wry► d Nr QEM wwr and ttrtin tiaf11a1*b di11■wae: err r a1 tt♦wrMOM fN atpllMft or 40a h i "do. IN so gwAw d fa aDW.am fat lama been lti tNant lMa aa+nrtrwdeti ad ap■IpIM" die lltl bvwen so pwaw d,alfslt dit wow«Nh kr, 0 f in MMUM a Macy am IM; a an www o err on ad a aerw eporrerq iraaare IN ft 00 eat d this AV Is 1rf,rAtidi shall be G4 &~ ftdlf inafrtaflta in tai atelalrtt of --- 1w fa CLINK by w%M CpifrwI Change in itrllfplrlpraatrsnnak j arwtdmap theft 6.11. AL Oh, Od WVMh am m t� Maid its► Irwna�sr tr 10 " dtyw d Nr eat rmfttlMOV d t do*.a� to tun d.lM' 1at1111fi Itolar ttrarad irtutwtlw, daari a Mee of or dempa:fa ropry of Will tie WAMOa /mar 0 the d ft. #*d /mangy in ft mrtinw wf+ew+t of ft AWWWAr per a0al+raw. i 10 ' 6,13 Curler sre GLIENT er ALLLq= chap V* ADM to 6.14 TN9 Ago*,wt together with xe EOA%'m rfuuanra 00 tomwrnrs they Aroemert a, ov eaie for any roawn bY WOV Apraarrnrn 106111-1 CLIENT and ALWICE and Qiv" " ow tan (10) days prier writtrn noo ti to such supersede as P14Y wntten of VW WrtdersWtdnV, and any oflem Lin nsawpt of swo nods, ALLIANCE simlt pachaae order unw that RW be iasusd by ft CLIENT, kwedietely dtee-&us al' Serviom in pepreee which can This Apnamant and ks f Aitiolfa may only be er"endad, be 64mrttmued wit W r uft a hW rdous wndtior., and auPphnte Od. mOtftfted Or taraseed by a duy executed am, ali euwAndins owmi!•nwo whip+ may be oaneelled wrath" ins"Mertf. wrf+tout undus ant. ALLIANCE shelf notify In CLIENT d any calawneurlant whla+ awAot be arwltod'wWmKx undue 7. SPSML PROM HOW tort or without oopWrftm the Svoc" oonlPlrm to date. Subjevt V aompeerm with 7+e tvngninQ and Wry Speieal Pmvtmns Wn Q are net❑Molh d to and other eppli AM# pfovWmn vt t* Apreenysrt; fits CLIENT "*W a Part d this ApreamaM in EkHW B. .Hall pay to ALUM M all amouns 9" to ALLIAFICC under this AwtietrhnL ALLkNCE :half aWbrrfs m the CLIENT ft atseement for the abnsWid crokm in such nowrAbe deWl ar the CLEW shalt reposer w1v thi►ty (ap) doya at4r 8Wh dtas Of terrninaden, arw the Ct-10M, sW;pa V roritisaion ft W, Shs i And SU& IMMM tt w&on "Iy (312) days aW ma*Wt d aueh ISWMer: by the CLIENT, y This AOMOMent i$~V@ on the IM deY signed. ALLMCE TECHNOLOOM 00MORIATKM GENT: my By NWO Non l Till! ' 71 p _ Do j j it .... 2a r� ,a I , f ORANGE COUNTY BOARD OF C0jMSSI0NERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. VTTE-1 Meeting Date: September 3, 1991 SUBJECT: Appointments - Community Child Protection Team - DEPARTKKN - T_+Social-Services---- PUBLIC HEARING YES:---4 NO:-X- INFORMATION CONTACT: --- Executive Order #142 Martha Pryor-Cook, ext. 2802 Community Child Protection Team Policies and Procedures TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 ------------------------------------ ---------------- PURPOSE To designate five (5) community and/or agency representatives to serve on the Community Child Protection Team. BACKGROUND: The Community Child Protection Team is being established by the Director of the Orange County Department of Social Services (DSS) , in accordance with Executive Order #142. The team is composed of community and human service representatives who will meet at least quarterly to promote the development of a community-wide approach to the problem of child abuse and neglect. The specific responsibilities of the team are outlined in section two of the Executive Order. In addition to specified agency representatives, the Executive Order provides the option for the Board to designate up to five representatives of agencies or of the community to be invited by the DSS Director to serve on the team. RECOMNENDATION(S) : The manager recommends the following for the Board to consider for membership on the Community Child Protection Team: 1. John Turner, Dean, School of Social Work, UNC-Chapel Hill 2. Don Hargroves, Chief Juvenile Court Counselor 3. Hillsborough Exchange Club Member (National and State focus is on child abuse and neglect) 4. Chris Nutter, Dairy Farmer 5. Bonnie Davis, Retired, Agricultural Extension Agent a . J��1FS G. \f H"1'I?� A C;O�'FR O]i EXECUTIVE ORDER NUMBER 142. CHILD PROTECTIVE SERVICES WHEREAS , the future of North Carolina depends or, children ; and its �•'}'E}?EA.S , the number of abuse and neglect � �, Skyrocketed in recent g_ect. ca„e. , the lives of our J'ears , in tao man gave Youngest citizens ; and instances crtting short WHEREAS , county departments of social services received 36 , 000 resorts of child abuse and »e • elved I involving more that, 52,000 children; and state fiscal � year _ .� WHEREAS , reports of abuse and neglect are increasing dramati.call Y at a time when both the state and co'untes serious revenge shortfalls , leaving them unable to fends necessary for L are �'a, wn�7 the number of social services Workerseth qd to inVe3ti�et� abuse/nec � children and their families; andor`•s and Pr'ollide treatr;ent fo;. WHEREAS ) it is the duty Division of Social Sery of the Department of Human Resow,'ces ' Services �'eCYssar ; vases to assist r_ountie. tua ions to DJ.Otect children from abusive/r+homing try NOW, "HEREFUhE, by the authority vested in the Constitution and laws of North Carolina IT me as Gover•na: k;y 1S ORDERExi : Secti�r7 1 . The Secretary of r•espunsible for ennuri.ng that the UivH�nran Resources is ztrengther, it;; ZU'Pe a _ 4on of Social Service.: Services (Cps ) f rvi .�aon c:f county administered Child ProLecti , e the programs through such arect,anisms and p,ethoas as : procedures for division review Of chi , establishrt,ent of Cortymunity Child Protection Teams , the r feC1 ve t 3 monitoring of CPS screening decisions improvements to ttt e Central Registry for Child Abuse and decisions sect community awareness , enhancement of then ChildeMedicaliEvvaluati and Program and proposed legislative actions . on Section 2. The Secretary of Human Resources is hereby directed to request the Social Services Commission to enact emergency rules , id accordance with Chapter 1503 of the North Carolina General Statutes , requiring each County Department of", Social Services to establish a Community Child Protection Team, to review defined cases of child abuse or neglect , including child fatalities . It is my recommendation that the membership of each team include , but- not be limited to , the following individuals : the director of Social Services and a member of tr,eir staff, local law enforcement , the District Attorney ' s office , the medical profession , community action agency , school social 5ervices board member and , at their option , '[threeo to t five members appointed by the county board of commissioners . The county board of comrr,issionerz may by action within 30 days designate the chairmar7 of the review team. Otherwise , the director of Social Services will chair the tears . In cases of abuse/neglect, the focus of the team shall be to ensure appropriate community involvement in the children and to assist the county department of so-ialtse _vic the evaluating allegations e. � icea g e ations of maltreatment and in planning and providing services to prevent further abuse/neglect . In the review of child fatalities resulting from maltreatment , the focus Of' the review team will be to identify the local child }protection system andh�aps and deficiencies in remedies tP put into place needed and to assist the county department of sccial services in the protectiun of surviving siblings . The teams shall conduct their reviews in compliance with all laws and regulations governing confidentiality of abuse/neglect records . Section 3 . it shall be the re.•ponsibility of the Department of Human Resources Division of Social Services , in accordance with the lawz and through the adoption of emergence rules by the Social Services Commission , to : 1 . -Develop pr•ccedures to gu:.de the operation of community child protection teams and to define tr,e cases w;- 4 c wi7. 1 be subject to review by the county teams. t; 2. Standardize among counties the interpretation of "caretaker" so all counties investigate allegations of abuse and neglect involving non-traditional family members , such as boyfriends . Require each county department of social services to have a two level review prior to makin a decision nut.Lo investigate a report of all g eged rt,use or- neglect . Such review would , at a u►iniojum 4 receiving involve the worker could include review n'by tthe county rd su pervlsor and Y irector . 4 . Monitor closely county cases made not to investigae a es in which the decision was 5 • Require each county department to establish a process by which the reporting person ma y review of the decision not toinvestigate,j anda will require that such persons be informed obtaining such a review. of the process for 6 . Require that all county Child Protectiv e attend basic training courses devel'oped by the i staff Of Social Services after consultati S visin tate Personnel . on with the Officeoof Make improvements to the Central Re istr Abuse and Neglect by amendin 10 8 y for Child These improvements will allow county departmenOsOof social services to identify whether children who are the subject of abuse/neglect investigations have been Previously reported as abused or n the child is a member of a family inlwhich ,aochildther fatality due to maltreatment has occurred in any count in the state . These improvements shall allow law y enforcement and medical professionals to have all pertinent information from the State Central Registry. which legally may be disclosed . Further , these improvements shall allow the Department of Human Resources and the division to by law, to the Central Registry yrovide access , 2s a'. 1c►:�,d L, Chief Medical Examiner ' s offieelin the oevent r�ofaao child fatality to determine whether abuse or neglect should be evaluated as a cause of death , 8 . Provide qu�ar•teriy re orts tO fatalities that occur due to maltreatment. child Section 4 , Funds from the Community Services Block Grant administered by local Community Action Agencies shall be allocated for- Community Awz!rene.ss Conferences across Conferences will seek t. the state . xt1e ;.ncreaze citzzen and agency in a�,�,ro�,riaLe rer,ort.ing Of child% abuse/neglect and faLalities , and,.in family preservation and child protection activities . Section S . The terms and conditions of this Executive Order which may conflict with the terms and conditions of previcus Executive Orders oil this subject shall control . Section 6 . This Order shall become effective immediately . . Done in the Ca S 1st day of May , 1991 .. City of Raleigh , North Carolina , this the J � s G. Martin G ernor ATTEST: Rufus Edmjsten .arcre ary of State r 6 COMMUNITY CHILD PROTECTION TEAM POLICIES AND PROCEDURES NATURE AND PURPOSE OF THE TEAM The Community Child Protection Team is established by the Director of the Orange County Department of Social Services in accordance with Executive Order # 142. The team is composed of community representatives who will meet on a regular basis to promote the development of a community—wide approach to the problem of child abuse and neglect . Team members will work together to identify gaps in services for abused and neglected children and advocate for necessary services to enhance the protection of children in Orange County. DUTIES AND RESPONSIBILITIES OF THE TEAM The duties and responsibilities of the Community Child Protection Team include the following: 1 . To review cases in which — a . a child died as a result of suspected abuse or neglect and a report of suspected abuse or neglect had been made about the child or his family to the county department of social services within the previous twelve ( 12) months ; the purpose of such review shall be to identify whether gaps and deficiencies exist in the community child protection system and to assist the county director in the protection of surviving siblings. b. abuse and/or sexual abuse has been substantiated for a child under the age of five . C . there is substantiated neglect of a child under the age of 1 . d . Department of Social Services requests a review. e, a team member requests a review which is consistent with the review priorities established by the team. 2. To recommend and advocate for system improvements and needed resources where gaps and deficiencies exist. 7 r DUTIES AND RESPONSIBILITIES OF DIRECTOR OF SOCIAL SERVICES The County Director of Social Services or her designee shall : 1 . serve as chair for the team. 2. appoint Community Child Protection Team members and fill vacancies as they occur , with the exception of members designated by the Board of County Commissioners . 3. assure the development of written procedures for the team to include composition of membership , frequency of meetings, confidentiality policies, training of members , and duties and responsibilities of members . 4. distribute copies of the written procedures to the administrator of all agencies represented on the team as well as to each team member . 5 . assure the team defines the categories of cases that will be subject to review by the team and , to identify from among those cases subject to review, which ones will be presented . 6. determine the cases in these categories on which she will initiate a review and bring for review any case requested by a team member . 7. report quarterly to the County Board of Social Services , or as required by the board , on the activities of the team. COMPOSITION OF THE TEAM The Director of the Orange County Department of Social Services and designated members of her staff shall participate as members of the team. The Director will invite representatives from the following organizations to participate: 1 . Local law enforcement 2. The District Attorney ' s Office 3. The medical profession 4. The local community action agency 5. School personnel 6 . A county social services board member 7. A local mental health professional 8. At their option , county commissioners may designate up to five representatives to be invited by the County Director of Social Services . 1 TRAINING The Division of Social Services shall develop and make available for the team members on an on-going basis training materials which address the role and function of the Child Protection Team, confidentiality requirements , an overview of child protective services law and policy , and team record keeping. The Director will assure that training materials are made available to team members . . CONFIDENTIALITY The Director is authorized to share with the Community Child Protection Team any information available to him that is needed by the team in the execution of their duties as defined in the Duties and Responsibilities Section of this policy. Each team member and invited participant shall sign a statement indicating their understanding of and adherence to confidentiality requirements including the possible civil or criminal consequences of any breach of confidentiality. Members of the team who have access to client information and fail to comply with the rules in this section shall be denied access to confidential information and subject to dismissal from the team. Any invited participant who is given access to client information during the team review and fails to comply with the rules in this section shall be denied future participation in team reviews . The Director shall not share any information which discloses the identity of individuals who have reported suspected abuse or neglect to the County Department of Social Services. RECORD KEEPING The Director is required to maintain lists of participants for each meeting of the Community Child Protection Team and confidentiality statements signed by the team members and any invited participants . These records will be maintained according to the standard record retention schedule . Cases receiving child protective services at the time of the review shall have an entry in the child or family record to indicate that the case was reviewed by the team and the date of the review. Additional documentation is , not prohibited . No Community Child Protection Team member will retain or maintain any records pertaining to individual clients. Full and accurate minutes will be kept of the meetings , excluding any executive sessions, and will become public records. No information which would identify specific cases will be included in the minutes . All case discussion will occur in executive session . 9 FREQUENCY OF MEETINGS The Community Child Protection Team will meet at least once per quarter . Because the Community Child Protection Teams are established by administrative rules adopted by the North Carolina Social Services Commission , it is the opinion of the staff of the Attorney General that meetings of teams are subject to the open meetings law. In order to comply with this law, a meeting schedule for the team should be transmitted to the clerk of the county commissioners. With the exception of unavoidable emergency meetings , the previously agreed upon schedule should be followed . LIABILITY OF TEAM MEMBERS Team members have no case decision or service provision responsibility; therefore , it is the opinion of the Attorney General that as individuals , or as a group, the team would not have liability in a child protective services case . cpsteam.doc 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda �(� ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: September 3, 1991 SUBJECT: APPOINTMENTS ------------------------------- DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : YES - UNDER SEPARATE CINFORMATION CONTACT BEVERLY BLYTHE COVER EXT. 2130 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 .Mebane - 227-2031 Durham - 688-7331 - - - - PURPOSE: The attached recommendations are being presented for the Board of Commissioners consideration. The individual appointments are listed on page two. BACKGROUND: YOUTH SERVICES NEEDS TASK FORCE RECOMMENDATION(S) :