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Home My WebLink AboutAgenda - 01-06-1992E! APPROVED 1/23/92 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 6, 1992 The Orange County Board of Commissioners met in Regular Session on Monday, January 6, 1992 at 7:30 p.m. in the courtroom of the Old County Courthouse in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Moses Carey, Jr., and Vice - Chair Stephen H. Halkiotis, and Commissioners Alice M. Gordon, Verla Insko and Don Willhoit. COUNTY ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT:County Manager John M. Link, Jr., Assistant County Managers Rod Visser and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Personnel Director Elaine Holmes, Purchasing Director Pam Jones,. Planners Mary Scearbo, Emily Cameron,and'Eddie Kirk, Health Director Dan Reimer, and EMS Director Nick Waters. I. ADDITIONS OR CHANGES TO THE AGENDA Item 7-B will be heard before 7-A. 11. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA Chair Carey announced that those citizens in the audience who want to speak to an item on the printed agenda will be recognized at the appropriate time. B. MATTERS NOT ON THE PRINTED AGENDA Scott Franklin spoke on behalf of SEAL. On December 17th, their group requested a special public hearing on proposed landfill site OC -17. They have not received a response to their request. Chair Carey stated he has not talked with the Chair of the Landfill Site Search Committee since this request was received. He clarified that the County Board of Commissioners will not hold a public hearing at this time in the process. County Manager John Link stated that the Landfill Site Search Committee has not scheduled another meeting. This request will be brought before the committee at their next meeting for their consideration. Commissioner Willhoit explained that the next step in the process is for the consulting engineer to report back to the committee after walking the four remaining sites. He emphasized that there will be at least one more public meeting which should address this group's concerns. John Link outlined the landfill site search process as approved by the County Commissioners. Mr. Franklin asked for a copy of the process and a copy of the minutes for the public hearing that was held by the Landfill Site Search Committee in November. 2 The Board emphasized to Mr. Franklin that there would be opportunity for public input into the process. The Board is very sensitive to this issue and will make every effort that the process is fair. Commissioner Gordon suggested that the remaining steps in the process be identified and the timetable for the remaining steps be set. III. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve those items on the Consent Agenda as stated below: A. HUMAN SERVICES VISION STATEMENT This item was moved to VIII - A.O. B. BUDGET ORDINANCE AMENDMENT #8 The Board approved the proposed Budget Ordinance amendments as listed below: GENERAL FUND Source - Intergovernmental $ 32,000 Appropriation - Human Services $ 32,000 (To budget for additional Child Protective Services funds) Source - Intergovernmental Source - Charges for Services Appropriation - Human Services (To budget for additional State for Family Planning and Child programs) $ 31,729 9,360 $ 41,089 and Medicaid funding Service Coordination Source - Miscellaneous $ (950) Appropriation - Community Maintenance $ 950 (To budget for Conflict Management Workshop) VOTE: UNANIMOUS IV. RESOLUTIONS /PROCLAMATIONS - NONE V. SPECIAL PRESENTATIONS - NONE VI. PUBLIC HEARING AND A DECISION A. PD -1 -91 STONEGATE MOBILE HOME PARK This property is located on Mount Herman Church Road north of the Norfolk Southern Railroad and south of Interstate 85. The applicant is requesting to modify the existing Planned Development by removing ten (10) mobile home spaces and changing the type of sewage treatment from a package plant to a spray irrigation system, thereby adding 19.86 acres to the park. The Planning Board approved the modification with five conditions as listed below: (1) All existing required conditions of the original special use permit are fully applicable. 3 (2) All easement documents to provide access, construction, and maintenance of the proposed spray irrigation system must be executed and submitted. The applicant shall file with the Orange County Planning Department a copy of all executed easement documents prior to issuance of any building permit in the park. (3) Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet N.C. DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with N.C. DEM standards. (4) In order to ensure compliance with the 25,000 gpd (gallons per day) capacity of N.C. DEM permit number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray irrigation System, Orange County, on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. (5) A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. Motion was made by Commissioner Halkiotis, seconded by Commissioner Insko to close the public hearing for the planned development request for Stonegate Mobile Home Park. VOTE: UNANIMOUS Motion was made by Chairman Carey, seconded by Commissioner Halkiotis that the Board finds, based on a preponderance of evidence, that the Stonegate Mobile Home Park as modified is in compliance with the general standards and specific rules governing the planned development and that the mobile home park as modified complies with all required regulations and standards with the attachment of five (5) conditions as recommended by the Planning Board. The Board further finds that the mobile home park as modified will maintain or promote the public health, safety and general welfare, if modified as proposed and the planned development built and operated according to the plan as submitted. Also the use will maintain or enhance the value of contiguous property and that the use is in compliance with the general plan for the physical development of the County as embodied in these regulations and in the comprehensive plan, or portion thereof, adopted by the Board of County Commissioners. Therefore, the Board approves the modification of the existing planned development Special Use Permit for Stonegate Mobile Home Park to include the five conditions as recommended by the Planning Board. VOTE: UNANIMOUS 4 VII. REPORTS A. DISCIPLINARY ACTION REVISION TO THE PERSONNEL ORDINANCE This report was presented for receipt of comments and suggestions. Sections 8 and 10 of Article III of the Personnel Ordinance have been revised to coordinate these sections with the revised Disciplinary Action section which is Section 4. 0, Article IX, of the Ordinance. B. SCHOOL BOND SURVEY John Link presented a report on the school bond telephone survey that will be conducted by Johnston, Zabor and Associates (JZA). He presented an overview of the primary objectives of the study, a sample survey listing the proposed questions and what results are expected in the survey. There was extended discussion on the content of the questions in the survey. Mr. Johnston from JZA was available to answer questions and take comments about the survey. After ensued discussion the Board decided to wait until after Saturday, January 11 to make a decision on the percentage split and if necessary revise questions 10, 11 and 12 to soften the second paragraph and revise questions -16, 17, and 18 to ask specifically how their vote would be affected if the splits were different. Motion was made by Chairman Carey, seconded by Commissioner Halkiotis to authorize the County Manager to enter into an agreement with Johnston, Zabor & Associates, Inc. in the amount of $9,850 and authorize the Chair to sign the contract on behalf of the Board. VOTE: UNANIMOUS VIII. ITEMS FOR DECISION ^ REGULAR AGENDA A.O. HUMAN SERVICES VISION STATEMENT Commissioner Willhoit presented for the Board's endorsement the Vision Statement which evolved from the Fall 1991 Human Services Policy Forum. He explained that the forum would like to know if the County Commissioners agree with this statement. Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to endorse the vision statement as presented in the agenda abstract and to include it in the County's long range planning. VOTE: UNANIMOUS A. E911 CAD EQUIPMENT AND SYSTEMS INTEGRATION PROCUREMENT John Link explained that in summary this agreement with IBM will provide the hardware, software and systems integration for the Enhanced 911 /Computer Aided dispatch capabilities for Orange County. The cost for this proposed system is $380,727 and will be funded through telephone subscriber fees except for the Land Records and Sheriff workstations and GIS software which are covered by funds approved by the Board for the GIS project and included in the 1991 -92 budget. Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve and authorize the Chair to sign the agreement with IBM, subject to final review by the County Attorney. VOTE: UNANIMOUS 5 B. BID AWARD --SHERIFF'S VEHICLES Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve purchasing 15 Law Enforcement vehicles from Capital Ford, Inc. for a sum not to exceed $175,800.00. VOTE: UNANIMOUS C. MATERNAL CARE COORDINATION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to authorize the Health Department to apply for the Maternity Care Coordination grant. If funded by the State, a new temporary Maternity Care Coordinator position would be established through June 30, 1992. The continuation of this position for FY 92 -93 would be evaluated and based on Medicaid revenues generated and the caseload demand experienced. VOTE: UNANIMOUS D. SHENANDOAH - PRELIMINARY PLAN T This property is located in Chapel Hill Township on the east side of Neville Road and on the north side of Phil's Creek. It is zoned Rural Buffer, Protected Watershed II, and. University Lake Watershed. The tract is designated Rural Residential in the JPA Land Use Plan. The total acreage of the tract is 28.38 acres. Six (6) new lots are proposed. Individual wells and septic tanks are required. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to approve the Preliminary Plan for Shenandoah Subdivision with a Class B private road based on the findings contained in Section IV- B- -3 -d -1 of the Subdivision Regulations and subject to the conditions contained in the resolution of approval. VOTE: UNANIMOUS E. ZONING ORDINANCE TEXT AMENDMENT - LARGE DAY CARE HOME This item will provide a process for administrative approval of minor changes in approved large day care homes. Specifically, the amendment changes the last paragraph of 6.27.3 to read as follows: Each large day care home approved by the zoning Officer shall be reviewed annually by him /her to assure compliance with the standards of evaluation for such facilities. The Zoning Officer is authorized to approve minor changes in the approved large day care home provided the changes are in harmony with action of the original approval and provided any change in the operation complies with the standards of evaluation as specified in Section 6.27.2. Any change in the operation of the large day care home that does not comply with the standards for evaluation as specified in Section 6.27.2 will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve Article 6.27.3 as stated above. VOTE: UNANIMOUS r� F. ZONING ORDINANCE TEXT AMENDMENT - WATER AND SEWER PUMP STATIONS This amendment to the Zoning Ordinance will modify development standards for certain utility facilities. More specifically, the changes to Article 6.16.12 are listed below: b) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 800 square feet in c-5) Add to the first ara ra h : required along any portion the parcel, easement, or adjacent to property zoned except where such property i a utility, and used by the utility purposes. screening shall be of the perimeter of leasehold located .or residential use, s owned or leased by utility for public Begin the second ara ra h: where screening is required . d) The minimum required lot area for such uses shall be 5,000 square feet. The facility shall be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. e) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the Zoning Ordinance amendment to Article 6.16.12 as stated above. VOTE: UNANIMOUS G. SUBDIVISION REGULATIONS TEXT AMENDMENTS DRAINAGE PROVISIONS This amendment to the Subdivision Regulations would incorporate specific provisions for requiring drainage easements. More specifically, the changes are listed below: Add to section III -C -3 - Second ara ra h: After receiving a complete Final Plat, the Planning Department may submit copies of the Final Plat and accompanying material to the officials and agencies listed in Section III -D -2 -b for their review and comment. The officers or agencies to which the plan is submitted shall provide a certification to the Planning Department as to the suitability, provisional suitability, or unsuitability of the proposal. r Recommendations of the review officers or agencies may be incorporated as conditions of approval of the subdivision. Add to Section IV -B -2 at the end of the last ara ra h: including those listed in Section III- D -2 -b. IV -B -2 -c after the first ara ra h: Each lot shall contain a suitable building area safe from inundation and erosion. Sanitary sewer systems, septic tank drainfields, water systems, wells, and adjacent properties shall also be protected from inundation by surface water. Roads, driveways and utilities shall be protected from damage caused by improper stormwater management. Mechanical devices, drainage easements, natural buffers, large lots, and /or other technical means may be used to achieve these objectives. Natural drainageways are a preferred means of stormwater runoff removal. The characteristics (including capacity). of natural drainageways shall be protected. Runoff levels from the 25 -year storm after the site is developed shall not be greater than the rate of runoff on the same site in its natural state. V -D -5 -c third ara ra h: The location and purpose of storm drainage easements shall also be shown, including those along an existing and /or proposed drainage swell or channel. Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the proposed amendments as stated above. VOTE: UNANIMOUS H. SUBDIVISION REGULATIONS TEXT AMENDMENTS - PLAT MAPPING REQUIREMENTS This amendment to the Subdivision Regulations would incorporate changes in Final Plat mapping and recordation provisions as required by a recently ratified amendment to G.S. 47 -30. More specifically, the amendments are listed below: Section V -D Final Plat: (first paragraph) The Final Plat shall be drawn in accordance with the requirements of G.S. 47 -30 as amended and to the specifications of this Section. The plat shall be prepared by a registered land surveyor at a scale of not less than one hundred (10 0 ) feet to the inch nor more than twenty ( 2 0 ) feet to the inch. (Second paragraph is deleted in its entirety). 8 DEFINITIONS - SUBDIVISION: (last paragraph) The surveyor and /or Planning Department shall also certify on the plat as required by G.S. 47- 30(f)(11) V- D -6 -a: (last paragraph) (The surveyor shall also certify on the plat as required by G.S. 47 -30(f) (11) as amended.) Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the amendments as stated above. VOTE: UNANIMOUS I. SUBDIVISION REGULATIONS TEXT AMENDMENTS -- ENVIRONMENTAL HEALTH CERTIFICATION This amendment to the Subdivision Regulations revise the current language of the Environmental Health Certificate for subdivisions. More specifically, the amendment is stated below: Section V -D -6 -c (3): Where sewage disposal within all or a portion of a subdivision is to be accomplished through the installation and use of surface sewage disposal systems, the plat shall show the following form for Orange County Health Department endorsement: "Soil and site evaluations have been conducted by the Orange County Health Department, Environmental Health Division, and unless otherwise noted, an area on each lot has been tentatively designated for septic installation and repair. This certification is not an improvements permit and not approval of a septic system for any lot in this subdivision. An improvements permit must be issued by the Orange County Health Department prior to any alteration of the lot." Environmental Health Specialist Date Motion was made by Commissioner Willhoit, seconded by Commis- sioner Halkiotis to approve the amendment as stated above. VOTE: UNANIMOUS IX. BOARD COMMENTS Commissioner Insko suggested putting on the Consent Agenda those planning items which are not controversial and which have received at public hearing few or no comments. They can always be pulled from the Consent Agenda if further discussion is desired by any member of the Board. X. COUNTY MANAGERS REPORT - NONE XT. APPOINTMENTS - NONE W� XII. MINUTES Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the November 25, 1991 Regular Quarterly Public Hearing as presented. VOTE: UNANIMOUS Motion was made by Commissioner Gordon, seconded by Commissioner Halkiotis to approve the minutes for the December 17, 1991 Regular Meeting as presented. VOTE: UNANIMOUS XIII. EXECUTIVE SESSION -NONE XIV. ADJOURNMENT With no further business to come before the Board, Chair Carey adjourned the meeting. The next Regular Meeting will be held at 7:30 p.m. on Tuesday, January 21 in the Community Meeting Room of the OWASA facility on Jones Ferry Road, Carrboro, North Carolina. Moses Carey, Jr., Chair Beverly A. Blythe, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL MONDAY, JANUARY 6, 1992 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 you signing the pad ahead of time so that you.are not overlooked.) B. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person 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. Human Services Vision Statexent" B. Budget Ordinance Amendment #$. IV. RESOLUTIONS /PROCLAMATIONS V. SPECIAL PRESENTATIONS VI. PUBLIC HEARING AND A DECISION A. PD -1 -91 Stonegate Mobile Home Park VII. REPORTS A. Disciplinary Action Revision to the Personnel Ordinance B. School Bond Survey VIII. ITEMS FOR DECISION -- REGULAR AGENDA A. E911 /CAD Equipment and Systems Integration Procurement B. Bid Award -- Sheriff's vehicles C. Maternal Care Coordination D. Shenandoah -- Preliminary Plan E. Zoning Ordinance Text Amendment- -Large Day Care Home F. Zoning Ordinance Text Amendment- -Water and Sewer Pump Stations G. Subdivision Regulations Text Amendments- - Drainage Provisions H. Subdivision Regulations Text Amendments- -Plat Mapping Requirements I. Subdivision Regulations Text Amendments- - Environmental Health Certification IX. BOARD COMMENTS X. COUNTY MANAGER'S REPORT XI. APPOINTMENTS - None XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT ( *) Indicates items that need immediate attention. t u ORANGE COUNTY BOARD OF COMMISSIONERS I Action Agenda Item No. _=-A ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 6, 1992 SUBJECT: HUMAN SERVICES VISION STATEMENT DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S): YES - SUMMARY REPORT INFORMATION CONTACT: DON WILLHOIT ON THE HUMAN SERVICES POLICY FORUM TELEPHONE NUMBER Hillsborough - 732 -8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 PURPOSE: To seek endorsement of the Board of Commissioners of the Vision statement which evolved from the Fall 1991 Human Services Policy Forum BACKGROUND: The Human Services Advisory Commission requests that the Board of Commissioners formally endorse the vision statement developed from the Human Services Policy Forum. The vision statement and strategies to achieve the vision will be distributed to human services agencies within the county. The goal is that the vision statement will assist agencies in selecting priorities and utilization of resources. Hopefully, this vision will aide the county in planning, monitoring, and evaluation of human service programs. The vision statement follows: A coordinated, efficient and collective network of public and private resources which provide a continuum of ameliorative and preventive services for individual, family and community problems of human development and daily living. This network of services should both represent and validate the community values of caring, respect, diversity, economic opportunity, optimal health, safety and the enhancement of self- worth. Services should be accessible and offered with minimum cost to users, and supported by a citizenry that is informed and educated to the issues of human services. RECOMMENDATION(S): Endorse the vision statement, encourage its use by county departments and agencies, and commend it to the citizens of orange County. 2. ORANGE COUNTY HUMAN SERVICES ADVISORY COMMISSION REPORT ON THE HUMAN SERVICES POLICY FORUM FALL 1991 3• ORANGE COUNTY HUMAN SERVICES ADVISORY COMMISSION HSAC HUMAN SERVICES POLICY FORUM, 1991 Work Shop Purpose The manner of how the County will deal with human service needs in the immediate and long -range future will require a coordinated and purposeful effort by all human service stakeholders. The 1990 HSAC-Fall Workshop Report recommended that the County initiate a strategic planning process for human services and identified many of the factors which would be impacting needs in the upcoming decade. Since then the County has initiated a planning process. Rather than continue to address the needs of citizenry and resources, the HSAC felt it important this year to formulate a desired image of what an Orange County Human Service "System" should look like as an initial step in strategic planning. This 1991 report suggests a vision of what key stakeholders would like to see in a community human system. Included is the image which was formulated by human service stakeholders in a forum at the UNC Friday Center on Sept. 18, 1991. The stakeholders participating in the forum included those persons who had attended the 1990 forum and additional persons identified by the Board and county manager's office. Developing a vision of a community human service system and its performance characteristics is important in planning because it provides a standard against which quality and quantity may be measured. Increasingly communities are realizing that in order to assess the performance of its resource structures and processes, some image is needed of the desired goal of those structures and processes. Resource planning therefore becomes an assessment of where the community is in relation to the desired community goal. Visions of a desired community human service system further offer roadways for selecting priorities, taking new initiatives, and rationing scarce resources. Work Shop.Design A letter of invitation was sent to prospective participants announcing the 1991 Policy Forum. The forum was planned, through group work, to facilitate community leaders from public and private sectors in a dialogue related to human services in Orange County, to develop an operational vision of the future of human services, to provide input to a county philosophy to guide human services delivery, and to provide guidance and focus for on -going human service planning. In preparation for the forum, all participants were sent pre - readings which included'summary results of the 1990 Forum, articles describing "visioning ", and a brief questionnaire for them to complete on their vision for Orange County and the unique 4. contribution their organization can make to this vision. Participants were asked to select an area of interest to focus on during the forum: education, health, income, basic needs or community support. Group facilitators were assigned and oriented to the task, and School of Social Work students functioned as recorders for each group. At on -site registration, participants received a packet containing the participant list and descriptions of the purpose of the Orange County Human Services Advisory Commission and the Task Force for the Future of Human Services. The forum began with announcements by the forum chair, Beverly Foster, and a welcome by Moses Carey, Chair, Orange County Commissioners. An introduction to the process of visioning was provided by Philip Cook, a member of the Human Services Advisory Commission, and a professor in the UNC -CH School of Social Work. The remainder of the forum was spent in groups developing consensus group statements in response to the following questions: What is your vision for human services in Orange County? What needs to take place to achieve these visions? What do we need to stop doing now to achieve these visions? The forum concluded with presentation of visions and strategies from each group to the forum as a whole. Participant evaluation of the forum included an assessment of the effectiveness of the forum design and their satisfaction level with the vision statements produced by their groups. A total of forty participants completed the evaluation form for a response rate of 43.5%. Using • five point scale of strongly disagree (1) to strongly agree (5), • weighted score of 3.925 indicated a high satisfaction with the vision produced by their group. A weighted score of 4.250 (out of a possible 5.0) indicated the extent to which they felt the forum was effective in assisting them to develop the vision. Following the forum, vision statements for each group were consolidated into a single statement reflecting a common vision for the delivery of human services in Orange County. Similarly, the list of strategies to achieve this vision were organized into a single list of actions. These were sent to all participants for input and prioritization. In addition, participants were again asked to rate the degree to which they felt the consolidated vision statement could serve to guide human services planning in orange County. A total of 43 participants responded to our request to evaluate the consolidated vision statement for a response rate of 46.7 %. A weighted score of 4.465 (out of a maximum of 5.0) indicated an even greater agreement among responding participants as to the degree to which they felt the consolidated vision could serve to guide human services planning in Orange County. Vision for orange County Human Services Human services in orange County is defined as a set of institutions and services which promote the well -being of the population and 5. enhances the social order. Human services are directed towards the physical, material, mental, spiritual and social needs of individuals, families, and groups. Services originate from three sectors: the public sector, the voluntary nonprofit sector and the proprietary sector. what specific services are made available and how they are delivered are complex issues and influenced by a belief in self - reliance, family and community responsibility, and other values pertaining to assisting those in need. A human service vision is a statement of what the system should look like, why services exist, and what contributions they can make. The vision should serve as a guide for defining the scope of acceptable choices and as a symbol around which the community can gather. The vision is the "common thread" that binds together competing and diverse programs and services. The vision of Orange County Human Services which evolved from the Fall, 1991 HSAC Forum can be summarized as follows: A coordinated, efficient and collective network of public and private resources which provide a continuum of ameliorative and preventive services for individual, family and community Problems of human development and daily living. This networ-k of services should both represent and validate the community values of caring, respect, diversity, economic opportunity, optimal health, safety and the enhancement of self- worth. Services should be accessible and offered with minimum cost to users, and supported by a citizenry that is informed and educated to the issues of human services. Strate ies First Ste s To Achieve The Vision The strategies or first steps for achieving the proposed vision of human services in Orange County as developed by the Fall, 1991 HSAC Forum are summarized as follows: 1. Develop an ownership of the vision with the various boards and the public at large. 2. Strategically review current programs and services against those . values expressed in the vision. 3. Continue efforts to establish interprogram coordination and linkage mechanisms (ie. master client index). 4. Review programs for their accessibility to users, including transportation. 5. Develop more effective mechanisms for providing user and community input in the development and operation of human services. 5. Continue efforts to create a "partnership" between County, the townships, state, industry, private sector, the community at large, and the University. 7. Improve community education about programs and services. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 1 SUBJECT: Budget Ordinance Amendment #8 DEPARTMENT Budget PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT (1) Proposed Budget Amendments Budget Office, Extension 2450 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 --4501 Mebane 227 -2031 Durham 688 -7331 -------------+--------------------------------------------•------------- PURPOSE: To approve proposed budget ordinance amendments. BACKGROUND: (1) On December 17, 1991, the Board of Commissioners _ accepted additional state Child Protective Services funds for the Orange County Department of Social services for this fiscal year. These funds will enable the department to employ additional staff to assist in providing protective or preventive services when child abuse, neglect, or dependency has been confirmed. The total allocation for this effort is $32,000. No additional County funds are required. (2) The Board of Commissioners, on December 17, 1991, accepted additional State funding and Medicaid reimbursements for the Child Service Coordination and Family Planning programs in the Health Department. These funds will be used to establish a Public Health Nurse I position that will address high infant mortality rates in Orange County. The total allocation for this effort is $41,089 with no additional County funds required. (3) On December 17, 1991, the Board of approved supporting a workshop for officials to become more effective conflict in local government. The for this workshop total $950 and w the Contingency account. Commissioners local elected in managing funds allocated ill be funded from RECOMMENDATION(S): The Manager recommends that the'Board of Commissioners adopt the proposed Budget Ordinance Amendments. 2 ORANGE COUNTY PROPOSED 1991 -92 BUDGET AMENDMENTS The 1991 -92 Orange County Budget Ordinance, as amended, is amended as follows: BUDGET AMENDMENT #8 BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT (1) GENERAL FUND Source: Intergovernmental $ 7,391,025 $ 32,000 $ 7,423,025 Appropriation: Human Services 12,239,532 32,000 12,271,532 To budget for additional Child Protective Services funds. (2) GENERAL FUND Source: Intergovernmental $ 7,423,025 $ 31,729 $ 7,454,754 Charges for Services 1,757,339 9,360 1,766,699 Appropriation: Duman Services 12,271,532 41;089 12,312,621 To budget for additional State and Medicaid funding for Family Planning and Child Service Coordination programs. (3) GENERAL FUND: Source: Miscellaneous $ 711,720 $ (950) $ 710,770 Appropriation: Community Maintenance, 685,423 950, 686,373 To budget for Conflict Management Workshop. BUDGET AMENDMENT #8 SUBJECT: O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 1 Action Agenda Item # Vr -A PD--1 -91 STONEGATE MOBILE HOME PARK (MODIFICATION) DEPARTMENT: PLANNING PUBLIC HEARING Yes No ATTACHMENT(S): Application for Modification Vicinity Map Staff Memorandum Agency Comments 11/25/91 Public Hearing Minutes 12/16/91 Planning Board Minutes (Draft) INFORMATION CONTACT: Eddie Kirk Extension 2582 TELEPHONE NUMBERS: Hillsborough- 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To close the public hearing and consider a decision on a proposed modification to the existing Planned Development approval for Stonegate Mobile Home Park. BACKGROUND: The applicant is requesting a modification of the existing Planned Development (PD -H -R4) for Stonegate Mobile Home Park. Stonegate was approved with 114 mobile home spaces on October 4, 1982. Sewage treatment was to be provided by a package treatment plant. The applicant is proposing to remove ten (10) mobile home spaces and change the type of sewage treatment from a package plant to a spray irrigation system, thereby adding 19.86 acres to the park. The applicant also proposes to limit the number-of bedrooms in the park to 208, relocate the well and recreation sites, and to delete a proposed boat storage area, car wash, and laundry facilities. The property is located on Mount Herman Church Road (SR 1713) north of the Norfolk Southern Railroad and south of Interstate 85. The property contains 56.36 acres and is specifically described as part of Lot 35 of Tax Map 26 in Eno Township. The current zoning designation of the property is PD -H -R4 (Planned Development Housing - Medium Intensity Residential). The proposed zoning designation is the same. The State Division of Environmental Management has reviewed, approved and issued a permit for the proposed 2 . spray irrigation system. The County Engineer has indicated his concern about easements and building setbacks that should be recorded around the proposed spray irrigation fields and lagoon. A condition of approval has been added to address this concern. The spray irrigation system has been approved with a 25,000 gallon per day capacity. The applicant is proposing to limit the number of bedrooms in the park to 208. Using the figure of 120 gpd (gallons per day) pursuant to DEM standards and the Orange County Health Department, the park would use a capacity of 24,960 gpd. A condition of approval has been added to limit the number of bedrooms in the park to 208. The proposed Planned Development modification was presented for public hearing on November 25, 1991. B.M. Sessoms, an attorney representing the applicant, and S.V. Credle, an engineer, spoke in favor of the request. There was no opposition to the request. The application was referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 6, 1992 and no later than February 3, 1992. The Zoning Officer has reviewed the application, the site plan and all supporting documentation and has found that the applicant does comply with the specific standards and required regulations concerning the modification. The Planning Board considered the proposed modification on December 16, 1991 and recommended approval of the request. The Planning Board does, however, recommend the attachment of conditions to the approval which are specified as follows: 1. All existing required conditions of the original special use permit are fully applicable. 2. All easement documents to provide access, construction, and maintenance of the proposed spray irrigation system must be executed and submitted. The applicant "'shall file with the Orange County Planning Department a copy of all executed easement documents prior to issuance of any building permit in the park. 3. Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet N.C. DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with N.C. DEM standards. 4. In order to ensure compliance with the 25,00.0 gpd (gallons per day) capacity of N.C. DEM permit 3 number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County, on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. 5. A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. RECOMMENDATION: The Administration recommends approval of the modification to the Planned Development, per the Planning Board recommendation. (PLEASE TYPE OR PRINT - Ili: ONLY) MODIFICATION OF A APPLICATI0N FOR /CLASS A SPECIAL USE PERMIT ORANGE COUNTY BOARD OF COMMISSIONERS DATE: ' G / 07 / G' APPLICAT10N NUMBER: PD- S;Sc Ll Modification of a I �Kl request a/Class A Special Use Pe -mil as provided for in Article P - of the Orange County Zoning Ordinance for =2 f ir, , of - Snp T ' -T'i nctober 14, 1QS2 to Curtis and Dco ° c thv C. Bane for rhE develonment of Srnneat,- M—:,L Home Pare as revised and recorded in _t_ne. name of Dorothy C. F _n S lh 9F`- The following information is provided in support of this request: A. PROPERTY INFORMATION: Vest side Mt. Herman Church Road (SR 1713) one -half mile Strect Address or Location:south of U.S. interstate S= Orange County Tax Maps 26 & 25 Block Lot( Township r Zoning District(s): 7nn lo=shi n Lot; Parccl Size: Pce TIP- ,1 Number of Existing Buildings:' Gross Floor Area: square fe Number of Proposed Buildings: 104 Gross Floor Area: scuare It Water Supply: Public (Specif),private wells Community Individu. Wastewater Disposal: Public (Specify) �-riaation Community Individua School District: Orange County Fire District: Eno General Land uses in Area: commercial and rural reC' .p r • r Critical Areas: Stream /Drainageway Flood Prone A= -,C Watershed (Specify) Historic S': Other (Explain)- B. SITE PLAN INFORMATION:' Twenty_ six (26) copies of a Site Plan, prepared by a registered North Carolina surveyor or engineer,- are provided as required by .krticle &S' and which contain the following information: North point, scale, and date. Extent of area to be developed. Locations and widths_ of all easements and rights- of-way within or adjacent to the site. Location of all existing and proposed structures on. the site. Location of all areas on the site 'subject to flood hazard or inundation as shown on flood mans or soils maps. Location of all water courses on the site, including direction of fio\; Existing topography at a contour interval of five (5) feet based on mean sea level datum. Existing and proposed fencing, screening, gates, parl:ing, ser�'ice, pad storage areas. Access to site, includinz sight distances on all roads ,:sed fo. access. (PL'—=AS= COMPLETE REVERSE SIDE) a i C. OTHER SUBMITTAL INFORMATION; Elevations of all structures proposed to be used in the development. Two (?) full -size copies of the applicable Orange County Tax Map, one (1) cope With the property in question clearly marked. The names and addresses of the property ov.'ner(s) and /or applicant(s), and the names and addresses are all persons owning property within five hundred (500) fee[ of the property in question. y Application fee as set by the Orange County Board of Commissioners. Traffic impact study as required by Article 13 of the Zoning Ordinance. Additional information regarding the proposed Special Use as required by Article S of the Zoning Ordinance. ?narrative (or letters from appropriate agencies) indicating; 1. Method and adequacy of provision of sewage disposal facilities, solid waste disposal, and water service. Where public sewer is not available, a letter from the Orange County Health Department certifying the suitability of the existing and /or proposed wastewater treatment system for the property. 2. Method and adequacy of police, fire, and rescue squad protection. 3. Method and adeouacv of vehicular access to the site and traffic conditions around the site. I (>Si'.e) the applicantO, hereby certify that the foregoing application and supporting documentation is complete and accurate. I understand that it shall be my (our) responsibility to present evidence to the Board of Commissioners. the form of testimony, exhibits, documents, models, plans, and the like to support the request for approval of the Class A Special Use Permit. APPLICANT SIGNATURI {1,7, D0 TY. C. B7= D T NOTE: If title to the above mentioned propert }• is not in the name of the applicant(s), please include a letter from the owners) si- nifying approval of the request. •######.. F....# s#F..••.##Ft..## a####rt##..w##W.#• • #.W.# #.I.# ...... FE`S: Amount S w 2SQ, Date Paid. /D / 22 /�L Receipt 1 .2 G� fl APPLICATION FOR MODIFICATION OF SPECIAL USE PERMIT FOR STONEGATE MOBILE HOME PARK In response to a letter from the Planning Department dated August 26, 1991 and pursuant to Section 8.7.3 of the Orange County Zoning Ordinance, Dorothy C. Bane seeks a modification of her Special Use Permit (Permit, herein) for the development of Stonegate Mobile Home Park (Park, herein). This modification is necessitated by a change in the wastewater disposal system for the Park. The original Permit was issued in October of 1982 and called for wastewater to be disposed of via a private wastewater treatment plant (plant, herein) into Rhodes Creek (Creek, herein). At that time Mrs. Bane held NPDES Permit No. NCO049808, Stonegate Mobile Home Park, Orange County which had been granted by the State of North Carolina, Department of Environmental Management (DEM, herein) effective March 1, 1980 (NPDES permit, herein). The NPDES permit was subject to renewal each five years upon application six months in advance of its February 28th expiration date. It had been timely renewed effective March 1, 1985. The application for renewal to be effective March 1, 1990 was timely filed with and received by DEM on August 30, 1989. On December 15, 1989 Mrs. Bane was informed by DEM that Rhodes Creek had been reclassified and DEM gave notice of intention to deny the application for renewal of the NPDES permit. DEM suggested several alternatives to wastewater disposal into the creek, including spray irrigation and low pressure injection. After investigating several options, Mrs. Bane decided, upon the advice of S. v. Credle, Professional Engineer, Credle Engineering Company, Inc., Durham, North Carolina (Credle, herein), to install a 7 spray irrigation system in order to dispose of wastewater. The spray irrigation system is identical to the originally proposed plant in that it uses two 12,500 gallon package units to treat the wastewater. The only difference is that rather than discharging the treated wastewater into the creek, it is sprayed on a field. Credle began work on the renewal application for the NPDES permit and the application for the spray irrigation system (system, herein) in conjunction with the DEM and the Orange County Health Department (Health Department, herein) to develop the design for the system. This process included several designs and redesigns of the system as well as a consideration of alternative locations for the field. Credle began the process in August, 1989, and after extensive consultation with DEM and the Health Department, approval was granted for the system and the site. DEM issued Permit No. WQ0004370 to Mrs. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County on May 31, 1991 (system permit, herein). A copy is attached. The system as approved will be located on a 19.86 acre tract of land owned by Mrs. Bane which is part of the same contiguous tract on which Stonegate Mobile Home Park is being constructed. The system has a maximum capacity`of 25,000 GPD (gallons of wastewater per day), a decrease from the 32,;400 GPD allowed under the previous NPDES permits. As a result, the number of units in the park has been decreased from 114 as shown in the original site plan to the 104 units shown on the revised Site Plan dated 9/16/91 by Credle as attached. The maximum capacity is calculated at a rate of 120 GPD per 2 E bedroom by Credle, pursuant to DEM standards as set out in the North. Carolina Administrative Code, copy of the relevant part attached. Therefore the Special Use Permit for Stonegate Mobile Home Park will be amended to include a clause that under no circumstances will the number of bedrooms exceed 208 requiring a maximum capacity of 24,960 GPD (120 x 208) which is within the system's capacity, thereby guaranteeing compliance with the system permit. The revised Site Plan also shows: the location of two wells which have been drilled and tested and yield 65 gpm (gallons per minute) and 85 gpm, thus insuring an adequate water supply; the location of the pipes associated with the fresh water distribution system; the location of the pipes associated with the wastewater disposal and spray irrigation system; and all other requirements incident to the Special Use Permit.. Necessary easements from the railroad are in the process of being obtained. Also attached is form of easement to allow the sewer line to run across the property of Mount Hermon Baptist Church. Executed copies of these to follow. Since the number of units has been reduced, the burden on fire, police and rescue services will be reduced and the impact of the park minimized. The same is true as to adequacy of vehicular access to the site and traffic conditions around the site. overall, the Stonegate Mobile Home Park pursuant to the revised Site Plan will have a lesser impact than as originally proposed and this is particularly true with regards to the wastewater treatment and disposal system. Rather than discharging into the public waters of this state, the spray irrigation system will utilize the property of the owner, Mrs. Bane, and will 3 n have such.a limited.impact that the site of the field will be suitable for building from the moment the irrigation system is removed. Except as noted above, the Stonegate Mobile Home Park as described in the 1982 application for Special Use Permit has not been changed and therefore a copy of the original narrative portion of the 1982 application is attached. In addition a memorandum presented on July 11, 1988 to the orange County Board of Adjustments detailing work accomplished on Stonegate Mobile Home Park is also attached. A memorandum updating detail of the work accomplished from 1987 to current date will follow. 4 10 e FIRST ADDENDUM TO NARRATIVE SUBMITTED WITH OCTOBER 7;1991 APPLICATION FOR MODIFICATION', OF SPECIAL USE PERMIT FOR STONEGATE MOBILE HOME PARK This First Addendum is being submitted on October 18, 1991 to amend and add to the Narrative submitted with the Application for f.. Modification of Special Use Permit for Stonegate Mobile Home Park dated October 7, 1991 in response to orange County Planning Department letter of October 10, 1991 to Dorothy Bane and October 11,•1991 conference with the Orange County Planning Department. The clause to amend the Special Use Permit discussed on page 3 of the Narrative will read as follows: 1124. In order to insure compliance with the 25,000 GPD capacity of N.C. DEM permit number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent Of this Provision to limit the number of units in the park to 104 or less to insure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1,2, or 3 bedroom units.,, As discussed on page 3 of the Narrative, the well sites as shown on the 1982 site plan had to be changed to conform to the location where water was found when the wells were drilled. The following items are attached to indicate that these wells have been drilled and approved: I. Three Orange County Health Department well permits issued and dated in March, April, and May 1989 showing sites as approved. 2. Three Well Certifications by W. W. Maness & Sons dated June 5, 1989. One Well Certification is nor a well not shown on the Site Plan as it yielded only 2 gallons per minute and will not be attached to the water system. 3. North Carolina Department of Human Resources, Division of Environmental Health - Public Water Supply Section Approval dated January 22, 1990 of well sites as shown on the Site Plan. 4. N.C. DEH Bacteriological Analysis and Inorganic Chemical Analysis for the 3 wells dated March 22, 1991. 5. Twenty -four (24) hour capacity pumping tests by Alamance Pump Sales- Service, Inc. dated March 22, 1991 as submitted to North Carolina Environmental Management Commission for the three wells. The easement documents referred to on page 3 of the Narrative a-re in process as follows: 6. Norfolk Southern Corporation. Credle has corresponded with and made application for as evidenced by attached letter of Norfolk Southern Corporation dated January 17, 1991 and Credle's response dated October 15, 1991. It is indicated in the Norfolk Southern letter that approval will be given upon receipt of the necessary information. 7. NCDOT. Credle has discussed with DOT and completed Right of Way Encroachment Agreement as shown on attached Agreement and drawing. Upon DOT approval fully executed Agreement will be provided. 8. Mt. Hermon Baptist Church. Resolution and Easement deeds submitted to and approved by the Congregation in October 13, 1991 business meeting. Resolution has been executed, copy attached. Deed will be signed by the Trustees within the next several days and will be provided. The September 16, 1991 Site Plan has eliminated the boat 12 J storage area, carwash pads, and laundry facility as shown on the 1982 site plan. These uses were eliminated as boat storage is not needed, a separate carwash area is not needed, and the laundry facilities are not needed since mobile homes have washer -dryer connections. This area is now designated as a recreation area and will be grassed. The well areas in circles 1 and 3 and the entire Duke Power easement have been designated as grassed recreation areas to provide centrally located recreation areas. A current list of Landowners Adjoining Stonegate Mobile Home Park is attached as taken from the Orange County Tax Records. The Memorandum updating detail of the work referred to on page 4 of the Narrative was submitted with the October 7, 1991 application. i y � _. > 0 1? State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27626 -05 -15 James G. Martin, Governor William W. Cobey, Jr., Secretary May 31, 1991 Ms. Dorothy C. Bane Stonegate Mobile Home Park 3519 Old Hwy No. 10 Chapel Hill, North Carolina 27514 George T. Z—verea. PhD.. Director Subject: Permit No. WQ0004370 Ms. Dorothy C. Bane Sioneaate Mobile Home Park Wastewater Treatment and Spray Ir:igarion Systern Orange County Dear Ms. Bane: In accordance with your aopiication received November 6, 1990, we are forwarding herewith Permit No. `VQ0004370, dates May 1, 1991, to Ms. Derothv C. P,ar.e for the Subiect wastewater treatment facilities and spray il;igarion system. This permit shall be effective from the date of issuance until April 30, 1096, and shall be subject to the conditions and limitations as specified therein_ Please pay particular attention to the monitoring requirements in this permit_ Failure to establish an adequate syste.n for collectins and maintaining the required operational information will result in fun-,re compliance proble=ms. If any pans, rea_uirements, or limitations contained in this penmi are unacceotabie to vou, you have the right to request an adjudicatory hearing upon written request within 30 days following receipt of this pe:-mit. This request must be in the form of a wrinen petition, conforming TO Chanter 150B of North Carolina Gene:: Statutes, and Bird wi:h the O:5=-'0f nist_-auve Hearings; a :O. sw�: �7TY , ��le �,-vC "? 7611 =7447. 'Unless such dt —mands are made this PA..— t shall be f nai and binding. One set of apDroved plans and sDecitications is being forwarded to vou. If you need additional info=_ _arion concerning, this mmane:, piease contact "vLr. John Sevmour at 919/ 133 -5053. Sincerely,.. - `George T. Everett cc: Orange County Health Depaamcnent <1 ' Raleigh Regional Office Groundwater Section Training and Cerdficarion Unit Credle Engineering Comnanv, Inc. Facilities Assessment Unit Pollution Prever -ion Pays P.O. Box 2953[. Ralc;g:n. North Czroiina 27626 -0535 Telcpnone 919 -73= -7715 An Equal otpOrmniry nJf rm=ivc Action =_ D10VCr V 13 NORTH CAROLINA ENNUONMEN7AL NIANAGEIIENT CO. MIIISSION DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES RALEIGH SPRAY IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Ms. Dorothy C. Bane Grange County 6161MONO construction and operabon of a 25,000 GPD wastewater collection, treatment and spray irrigation disposal system consisting of approximately 2,631 linear feet of 8 inch sewer lines: an 8 --pm grinder pump station with dual pumps and high water alas; approximately 658 linear fee: of 2 inch force main; a 50 gpm grinder pump station with dual pumps and high%vater alai -:�s: approxitately 1,725 linear feet of 3 inch force train; a 7,500 gallon flow eauaiication tank with dual 25 cfm blowers; a flow spliner box; a flow measurement weir; two 13,500 GPD package treatment plants in parallel each consisting of a 12,500 gallon aeration basin, a 20S3 ?allon clarifier, 60 cfm blowers, dual air lift sludge return pumps; a junction box: a chlorinator with an 800 gallon chlorine contact tank; a 1.5 million gallon holding lagoon with an synthetic liner; a flowmeter; an emergency generator;' dual submersible 7.5 HP spray irrigation pumps; a 10.78 acre spray field with 187 sprinklers (each having a drain valve) and remote control valves: a sor av field soil moisture sensor systern; and associated valves. piping, control systems, pumps, and apouftenances to serve Sronezate Mobile Home Park with no discharge of.wastes to the.surace waters, pursuant to the application received November 6, 1990 and in corfo itv with the project plan, specifications, and other supporting data subsequently filed and approved by the Department of Environment, Health and Natural Resources and considered a pas-, of this permit. This pe...iit shall be effective from the date of issuance unril April 30, 1996, and shall be subiect to the following specified conditions and linurzbons: I. PERFORMANCE STANDARDS Upon completion of construction and prior to operation-of this permitted facilirv, a certification must'be received from a. professional eneineer cent ryine chat the permitted facility has been installed in accordance with this permit, the amproved plans and specifications. Mail the Ceriification to the Pesanits and Engineering unit. P.O. Box 29535, Raleigh, NC 27626 -0535. r y 2. The Raleigh Regional Office, phone no. 919/ 733 -2314, shall be notified at least fogy- eigi;t (48) hours in advance of operation of the installed facilities so that an in -place inspection car. be made. Such notificarion to the regional supervisor shall be made during the normal office hours from 8:00 a.m. until 5:00 t_).m. on Mondav through Friday, excluding State Holidays. Tae spray : g -)n fatuities s ,','' be of e:.t�ve :� --'air' .. d and ope :µ :ed a: ; ll ti.;,es so r 15 - an • cun� nc iha: Ill ere 15 nochZ �'t to till° Surface wcter5, ^C- ' '...:.:at10 ' of �rou �� ' °`s wh wilt render the:: unsatlsfaclo:�' for n07..2.i Use. in the event tha : the facllltles to pt --To= satisiacto ^:Y, inciudi -.4- the =:? -:ion 0_ nuisance conditions o" failure of :. -ation area to adecuately absorb the wasitwater, the Per:nittee shall take such it lediate co-re-cave action to cm-ec: the proble including actions as may be - equir- by the Division of Ens onmental I� :a. :age:ne 4. The issuance of this permit shall not relieve the Pe- :nittee of the res-ponsibility for da_ --aaes to surface or 4roundwaters resulting fro n-, the operation of this faciii:v. 5. The sludge generattH =.om these ueatrnent facilices must be disposed c- in accordahce with General Statute 14 ?'_5.1 and in a manner approved by the 1o.,h Caro :ir - Division o Emrironmcn ai ManaremenL 6. Diversion or bvDassing of the untreated wastewater from the treatment facilities is prohibited- 7 . The followinz buffers shall be maintained: a) 400 feet between wetted area and any residence under separate ownership, b) 150 feet between we-.tea a. -ea and prooerty lines, c) 100 feet between wetted area and wells, d) 1007-feet between wetted area wale: bo-dies, e) 50 feet berx•een wetted area and public right of ways, 100 feet between wastewater t:eatrntnt units and wells, b) 50 fee: be -,w=n wastewater treatment units and prope:-ty lines. II. QPFR.ATTQN .ANA M.ATNTENANTC`E RE0Ij Tr, EN•TENTS 1. The facihries shall be properiv maintained and ope aced at all rimes. Upon classification of the facility by the Cerhzficarion Commission, the Perrtlittee shall employ a cer, tied wastewater rtaLL.lent plant operator to be in responsible charge of the wastewater treatment fay lines. The operator must hold a certificate of the type and grade at least eouivalent to the classification assizned to the wastewater treatment facilities by the Cer- icadon Corri-n:ssion. Once the facility is classitied, the P,='n= M. ST subrritt a letter to the Certification Co:..rnlssion which deslznaies the ooe:ator in res -oonsible charge wiinin t.. rty days after the wastewater trtar"imni facilities are 507,0 complete. S. A suitable vegetative cover shall be maintained. 4. Irrigation shall not be perTormed during inclement weather or when the ground is in a condition that will cause runoff. 5. Adequate measures shall be taken to prevent wastewater runoff front the spray field. The facilities shall be effectively maintained and operated as a non - discharge system to prevent the discharge of any wastewate: resulting from the operation of this facility. 7. The application rate shall not exceed: a) 0.25 inches pe- hour, per acre and b) 0.6 inches Per week per acre. No type of wastewater other than that from the S [one z ate Mobile Home Park shall be st)raved onto the Lillndon area. 9. No traffic o: eaui� .en t shall be allowed on the disposal . excepr while instailarion occurs o. while no =al raintenance is beins pe�or:ned. 10. Public access to the land application sites shall be controlled during active sire use. Such controls may include the posting of signs showing the activities being conducted at each sire. III. 'VONTTORTNTr AND- R P RTTNIG O TTREMr'tiTS 1. Any monitoring (including groundwater, surface water, sail or plant tissue analyses) deemed necessary by the Division of Environmental Manaaemenr to insure surface and ground water protection will be established and an acceptable sampling reporting schedule shall be followed. 2. Adequate records shall be maintained by the Permittee tracking the amount of wastewater- disposed. These records shall include, but are not necessarily limited to the following information: a) date of irrigarion, b) volume of wastewater irrigated, c) field ir'cated, d) length of time field is irrigated, C) continuous weekly, monthly, and year -to -date hydraulic (inches /acre) loadings for each field, f) weather conditions, and g) maintenance of cover crops. 3. The effluent from the subject facilities shall be monitored by the Permittee at the point prior to irr;gadon every March, July and November for the following parameters: Pararneter BODE TSS Fecal Coliform PH 4. Three copies of all ope:arion and disposal records (as specified in condition III 2) and all effluent monirorine daia (as specified in condition III 3) and ar.v other data as may be recuired shall be submitted on or before the last aav of the following month to the following address: NC Division of Environmenral Management Water Quali y Section F acilitv.Assessment unit Pb Box 29535 Raleigh, NC 27626-0535 5. Noncompliance Notification: The Permittee shall report bar telephone to the Raleigh Regional Office, telephone no. 919/ 733 - %314, as soon as possible, but in no case .more than 21 , hours or on the next working day following the occurrence or first knowledge of the occurrence of anv of the following-. a. Any occ.: —; at the wastewater ceatment facility Z- .h results in the tre=.rnent of , 1 -7 siani --ica n. amounts of wastes whdcl. are abno:rnal in cuarinry 07 cn?-- acteristic, such as the dur.:pir:g of the contents of a sluda° digeste^ the known passwae of a slug Of hazardous substance through the facility; or any otner unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. Anv failure of a pumping station, sewer line, or treatment facility resulting in a by directly to receiving waters without treatment of all or any portion of the influent to such station or facilin. I Anv time that se'.f- monitor^ng info.:narion indicates that the facility has cone out of compliance with its permit limitations. Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. This report must outline the actions taken or proposed to be taken to ensure that the problem does not recur. IV. (;RnT_TNDWATFR REnTTTRE�TjtiTS No land aoa_ lication of waste activities shall be under taken when the seasonal hih water table is less than three (3) feet below land sur<ace. 2. Any groundwater quality monitoring, as deemed necessary by the Division, shall be provided. V . N P C'TT N'S 1. Adequate inspecrion, maintenance, and cleaning shall be provided by the Permittee to insure proper operation of the subject facilities. ?. The Permit= or his designee shall ins-pect the wastewater trentment and disposal ::.Z' �' eS ID.,.; °.V°T.: ��.fL'II��C -^.$: is a .^_..:' -,_J�a 10 :.•DL`S..IO� .°Si OrS .''zl - disc -- rnPs.'\VMicn ruav cause or lead to the release or. Nvastes to the environment, a t'rreat to human. health, or a nuisance. Tne Perminee shall keep an inspection log or surirna -y including at leas: the date and rime of inspection, observations made, and any maintenance, repairs, or corrective actions taken by the Pcnn� ittee. This log of inspections shall be rnaintained b", the Pe='nee for a period of three yeas frorn, the date of;r►e inspection and shall be mace available upon reauest to the Division of Environmental Ylanademeht or Other perrtitting authority. Anv duly authorized officer, emplovet., or reoresentative of the Division of Environmental Management tray, upon presentation of credentials, enter and inspect any proper V, premises or place on o. related to the disposal site and facility at any reasonable time for the purpose of dere.�rrining compliance with this permir. may inspect or copV any records that must be kept under the te. =s and conditions of this pertnir or may obtain samples of groundwater, su:: -ace water, or leachate. 2 VI. GENERAL C:O D� ANTS 1. This permi: shall become voidable unless the facilities are cons -uczed in accordance with the conditions of this permit, the approved plans, specifications; and other supporting data. 2. Tnis pe.^rMl.it is effective only with respect to the nature and volume of wastes described in the apphcarion and other supporting data. 3. This pe-mit is not transferable. In the event there is a desire for the facilities to chance ownership, or there is a name change of the Pe.:nittee, a formal pe:-nn,it reauest must be submittea to the Division of Environmental Management accompanied by an application fee, documentation from the parzies involved, and other suppor-Ling materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. It. Failure to abide by the conditions and limitations contained in this pernit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 1 -43- 215.6. 5. The issuance of this pe --mit does not preclude the Pe.� iuee from complving witn any and all statutes, rules, regulations, or ordinances which may be imposeC by other government agencies (local, state, and federal) which have jul�isdicdon. 6. Prior to any transfer of this land, a notice shall be ziven to the new owner tha: lives full details o', the materials applied at iEs site. A set of approved plans and specificarions for the subject project must be retained by the PC.�*rtee for the life of the project. The annual ad:-ninisterinC and compliance fee must be paid by the Pe.ttee within thin 1 days after beinC billed by the Division. Failure to rav the fee accordingly may cause the Division to initiate action to revoke this pe. it as specified by 15 TNtAff 2_:.0205 (c)(4)• 9. The Peittee, at least six (6) months prior to the expiration of this hermit, shall reauest its extension. upon receipt of the reauest, the Commission will review the adequacy of the facili es describeµ t=*=n. :nd 11 wili_exie d.xhe pt- -mit.for.�uch .p�r1oL' pro: pine and under'such Conditions and lirritanons as it may dee .�,ppropriare. Pe.=*r issued this the 31st day of May, 1991 N0RT_ -I C., 0LL�TA ENVMONMEIN' 1A—T ^ NTAGENENT COIvL- MISSION' George T. Everett; Direczor\ I Division of Environmental Management 1 By Authority of the 7. nv1 onmental N,1anaztment Conim- ;ssion 27 SEE - r 30 MAP o6ac 46.72 AC- .imm *" .as42 j - I � 5`c 2:15 z. -/1 � 41i+? 20 I l ?/q 260 � I ' / _� � \.' •' ill .c =_ 12.7 a.. 3 �. zz _Z: I. S. 35 oy - IR. •SK +C9•..L $�5 a� 9506 Co". / 1934 / ?�k6z / - p 2p 7 5 AC- 38 2 �^.. 305 3 �Jr fU � / 1• �• ! rIC� 250.75 4 Id, K : , p ?KW cccrc•• 2]48 I r 15 13471 / / �' ✓ I - 1710 ORANGE COUNTY PLANNING DEPARTMENT 70 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 v` [ It ,F I• A e. M E M O R A N D U M TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING AND INSPECTIONS DEPARTMENT DATE: NOVEMBER 11, 1991 SUBJECT: PD -1 -91 STONEGATE MOBILE HOME PARK (MODIFICATION) GENERAL INFORMATION APPLICANT: Dorothy C. Bane 3519 Old Highway 10 Chapel Hill, NC 27514 LOCATION: Located on Mount Herman Church Road north of the Norfolk Southern Railroad and south of Interstate Highway 85. REQUESTED ACTION: Approval to remove ten (10) mobile home spaces and change the type of sewage treatment from a package plant to a spray irrigation system, thereby adding 19.86 acres to the park. The applicant also proposes to limit the number of bedrooms in the park to 208, relocate the well and recreation sites, and to delete a proposed boat storage area, car wash, and laundry facilities. LOT SIZE: 56.36 acres or 2,455,Q41'.6-square feet. EXISTING LAND USE: Stonegate Mobile Home Park SURROUNDING LAND AND ZONING: NORTH - Mobile Acres II with 43 lots zoned R--1. EAST - Mount Herman Church Road, Lamb Distributing and Carolina Builders zoned GC -4. SOUTH - Norfolk Southern Railroad and undeveloped property zoned R -1. WEST - Undeveloped tract zoned R -1. T 21 MEMORANDUM PD -1 -91 STONEGATE MOBILE HOME PARK (MODIFICATION) NOVEMBER 11, 1991 PAGE 2 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN: Agricultural area west of Mt. Herman Church Road and Twenty -Year Transition with a Commercial /Industrial node overlay east of Mt. Herman Church Road. ZONING: The property is presently zoned PD -H -R4 (Planned Development Housing - Medium Intensity Residential). The intent of the Medium Intensity Residential (R -4) district is provided in Article 4.2.4 of the Zoning Ordinance. a) Intent The purpose of the low and medium Intensity Residential (R -2, R -3, R -4) Districts is to provide, locations for low and moderate intensity residential development and supporting recreational, community service and educational uses in areas where urban services are available or are to be provided as part of the development process. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Designated by the adopted Comprehensive Plan as a Transition Area, which can reasonably be expected to be annexed by a municipality in the ensuing 10--20 years. 2. Water and sewer lines should exist at site or be assured of installation as part of the development process. 3. Vehicular access must consist of direct access to a street classified as.either arterial or collector as designated by the adopted Comprehensive Plan. 22 MEMORANDUM TO: Eddie Kirk, Planner II FROM: Paul Thames. County Engineer DATE: November 8. 1991 SUBJECT: �Stonegate Mobile Home Park As per your request, I have reviewed the site plans for the above referenced -project, particularly with regard to the layout of the waste treatment system. There are several aspects about this project that trouble me. While I have not seen or reviewed any design or engineering information on the spray irrigation treatment system for this project, I have faith in DEM's permitting design review Procedure, in the treatment quality provided by spray irrigation systems in general and in the treatment quality provided by spray systems with pretreatment by package waste treatment systems in particular. However, DEM has permitted this particular system with relaxed.buffer and setback requirements. This is apparently because the applicant owns all of the properties,,except the railroad right -of -way, surrounding the property parcel on which. the spray system is located. Generally. the wetted areas of spray irrigation fields are required to be buffered 150 feet to property lines. one hundred feet to right -of -ways, four hundred feet to occupied dwellings not served by the sewer system in question, 200 feet to occupied dwellings served by the treatment system in question and 100 feet to water supply wells. In addition. waste treatment units such as lagoons are required to be at least fifty feet from property lines. In the case of Stonegate's spray fields; the wetted areas appear to come to within twenty -five feet o.f property lines and the lagoon appears to come within ten feet of property ..lines. I would recommend that the Planning Department make some sort of.requirement of the owner that.waste treatment easements and building setbacks be platted, deeded and recorded for all property parcels surrounding the parcel containing the proposed spray irrigation fields and the lagoon. If surrounding properties are sold while the spray system remains in operation and setbacks are not recorded, the new owners could inadvertently build or plan unsuitable activities within areas which should be reserved for waste treatment setbacks. 23 Another concern that I have regarding the proposed treatment system is the fact that the treatment system may operating at the permitted maximum capacity before all mobile home lots are occupied. This would certainly be the situation if some lots are occupied by units with more than three bedrooms. In terms of number of units and the corresponding waste loading, the occupation of spaces by units of more than three bedrooms is something that could vary significantly with time. The issuance of CO's by Planning staff could require a bedroom count for the entire park each time a CO is issued after the park begins to approach capacity. To me this seems very inefficient and an undue burden on the Planning Department. A second alternative would be to let DEM handle the problems of waste loadings and overburdening the treatment system by the process of adjudication of the violation(s) of the system's operating permit. I must warn you, however, that this process is very clumsy at best and that DEM's enforcement record in dealing with spray irrigation systems is somewhat spotty. Spray systems are given a lower enforcement priority by DEM, because the agency is understaffed and gives higher priority to systems which discharge to surface waters. The most simple solution to the problem of the bedroom count and potential overburden of the treatment system is to restrict the park to two bedroom units only. If I may provide any additional input'or information, please advise. stir , n State of North Carolina Department of Environment, Health, and Natural Resources Raleigh Regional Office lames C. hgartin, Governor Edmond John iMaguire William W. [,obey, Jr., Sccrctarl, Retional Manager November 18, 1991 To: Eddie Kirk -, Orange county Planning Department From: Tim Donnelly, DEM- Raleigh Regional Office Through: Arthur Mouberry, DEM- Regional Supervisor subject: Stonegate Mobile Home Park- Permit No. WQ0004370 Special Use Permit Modification. State Road 1713 Orange County The Raleigh Regional Office has reviewed your request concerning the above named project. The plans which you submitted are those which we permitted for a spray irrigation wastewater system with one exception. A set of property lines has been drawn around the entire wastewater treatment system. Through consultation with the applicant's engineer, Mr. Sid Credle of Credle Engineering company, Inc. of Durham, N.C., these lines are merely drawn to show that portion of the property which has been dedicated to the waste disposal system. These lines have not been surveyed nor recorded with the register of deeds office. Mr. Credle is aware oz our permit conditions which require buffer distances from the wastewater system and intends to work with the applicant to insure that no permit violations occur. Nis. Bane owns all surrounding land adjacent to the spray system as is notad on the plans. If you have further questions, please contact me at 571- -4700. 3800 Barrett Drive, Suite 101 + Raleigh. N.C, 27609 Tcicphpn: (919) 733•2314 • FAX Number (919) 733.7072 An Equal C_7onora:niry Affirmitive Action Emalc.er :) P'_ANN ?Na P.22 25 DPJLFT DG3pffp 1 Hill is under the proposed plan. 2 3 Mr. Harold Murdock spoke in favor of this proposal. He asked 4 if the meeting with the Utilities Commission could be held in 5 orange County. This would make it much easier for a large number 5 of people to attend a local hearing. 7 a Mr. Wayne Watson, Director of Business Affairs with the orange 9 County School System, spoke in support of this proposal. He 10 indicated that an additional teacher's salary could be paid for if 11 the money was not going to pay local, long distance charges. 12 13 Mr. Jim Ray spoke in favor of this proposal. He asked that 14 Durham, Alamance and Wake counties be included in this proposal. 15 16 Letters in support of this proposal were received from the 17 Chapel Hill Board of Realtors, Inc., Mebane Packaging Corporation, 18 Hillsborough Area Chamber of Commerce and the following citizens: 19 Denise Robinson, Carl and Eva Shy, Kevin and Jeanne Mitchell and 20 Gail Walker. These letters are located in the permanent agenda 21 file in the Clerk's office. 22 23 THE PUBLIC HEARING WAS CLOSED 24 25 a. PD -1 -91 Stonegate Mobile Home Park 27 The following people were sworn in by Beverly 28 Blythe, Clerk to the Board: Mr. Billy Seasons, Mrs. Dorothy C. 29 Bane, and Mr. Eddie Kirk. 30 In response to a question from Commissioner Gordon, Planner 31 Eddie Kirk indicated that the number of bedrooms has not been 32 linited for previous applications. The maximum capacity of the 33 wastewater treatment system is determined (i.e. 25,000 gals) and 34 then divided by the 120 gallons per day required for each bedroom. 35 35 Mr. Larry Reid asked if the number of units can be increased 37 by increasing the capacity of the system at a later date. Mr. Kirk 38 indicated that they would have to increase the size of the spray 39 irrigation system to increase the capacity. 40 41 In response to a question from Commissioner Halkiotis, Ns. 42 Thames indicated that there are some continaing problems with 43 septic systems in mobile home parks. However, the state is getting 44 tougher with these situations which is alleviating the problem 45 somewhat. 46 47 THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENT 48 49 Mr. Billy Seasoms, indicated that he was representing the 50 applicant. He presented the history of this project. He indicated 51 that work stopped on this project when Mr. Bains disappeared in 52 1985. He indicated that the only change in this request is that ZE -7Y C , PL.Fry c�na G3 DRAFT they hope to use a spray irrigation system which DEM has suggested. He also mentioned that Mrs. Bain's children have operator licenses and they will be qualified to operate this system. In response to a question from Commisioner Cordon, it was explained that a pump station with a force main would be used. The sewage from the trailer park comes into a main location. It is then pumped to the treatment plant which is located on the 19 acre tract. A motion was made by Commissioner Insko, seconded by Commissioner Halkiotis, to refer this item to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS 2.L zoninc Ordinance Text Menft=5 a. Large Day Care Homers (1) Article'6.27.3 Application Procedure This item was chaired by Planning Board Chair Betty Eidenier and presented by Eddie Kirk. TE= WMM NO QUESTIONS OR COMMENTS FROM TES BOARD OF COtC�=SS IONER.S , PLANNING BOARD OR CITIZENS. A motion was made by Commissioner Halkiotis, seconded by Moses Carey, to refer this item the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 6, 1992. VOTE: UNANIMOUS b. Infrastructure Facilities (1) A."tiele 6.16.12 Telephone Exchanges, Subscriber Loop Huts, Pressure Regulator stations, and water /Seger Pump Stations This item was Chaired by Betty Eidenier and presented by Mary Scearbo. TH$RE WERE NO QUESTIONS OR COMMENTS MOO, .TSS.. BOARD OF COXX=SSIONS, PLANNING BOARD OR CITIZENS. A motion was made by Commissioner Halkiotis, seconded by Chairman Carey to refer this item to the Planning Board to be returned to the Board of Commissioners no sooner than January 6, 1992. Subdivisi a. Utia (1) (2) (3) g orA mmnce Text_Amendmenta ity and Drainage Easements Section III -C -3 Minor Subdivision review /Approval Procedures Section IV -B -2 Land suitability Section V -C -5 Utility /Drainage Data for Preliminary Plats 26 7 27 Planning Staff. Seconded by Burklin. VOTE: 9 in favor. 1 opposed (Gray - preferred that the public access and dedication be shown on the preliminary plan). AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (11125191) a. Planned Development 0 (1) Stonegate Mobile Home Park (Modification) Presentation by Eddie Kirk. Kirk distributed correspondence from citizens in support of the request by Ms. Bane. These letters are on file in the Planning Office in the original agenda file. Kirk reviewed the proposed modifications noting that the The proposed Planned Development modification was presented for public hearing on November 25, 1991. B. M. Sessoms, an attorney representing the applicant, and S. V. Credle, an engineer, spoke in favor of the request. There was no public opposition to the request.The application was referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 6, 1992 and no later than February 3, 1992. The Zoning Officer has reviewed the application, the site plan and all supporting documentation and has found that the applicant does comply with the specific standards and required regulations concerning the modification. Provided the Planning Board and The Board of County Commissioners find in the affirmative, the Zoning Officer recommends approval of the request. The Zoning Officer does, however, recommend the attachment of the following conditions: 1. All existing required conditions of the original special use permit are fully applicable. 2. All easement documents to provide access, construction, and maintenance of the proposed spray irrigation system must be executed and submitted. The applicant shall file with the Orange County Planning Department a copy of 28 all executed easement documents prior to issuance of any building permit in the park. 3. Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet NC DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with NC DEM standards. 4. In order to ensure compliance with the 25,000 gpd (gallons per day) capacity of NC DEM permit number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. 5. A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. Hamilton noted that this area is very near to an area designated in the New Hope Creek Corridor Master Plan as open space for wildlife and asked if this had been considered by the applicants. The applicants responded that the distance from the spray field to Rhodes Creek is not known but it is greater than five hundred feet. There will be no obstructions and wildlife can pass over the spray field freely. MOTION: Jobsis moved approval of the modification of the Planned Development Stonegate Mobile Home Park. Seconded by Gray. VOTE: Unanimous. b, Zoning Ordinance Text Amendments (1) Article 6/16/12 Telephone Exchanges (Without business offices), Subscriber Loop Huts, Pressure Regulation Stations, Water and Sanitary Sewer Pumping Stations In all Zoning Districts (2) Article 6.27.3 - Large Day Care Homes (Application Procedures) I `A OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1991 Action Agenda Item # \1=--A SUBJECT: Disciplinary Action Revision to the Personnel Ordinance DEPARTMENT: Personnel PUBLIC HEARING: Yes X No ATTACHMENT (8) : Attachment 1 Section 4.0, the Personnel Attachment 2 Article IX of Ordinance - Draft Revised Article IX, of Ordinance - Current the Personnel Attachment 3 - Draft Revised Sections 8 and 10, Article III of the Personnel Ordinance INFORMATION CONTACT: Elaine Holmes, Personnel Director TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 - 9251/968 -4501 PURPOSE:. To report on the proposed revision to the Disciplinary Action section of the Orange County Personnel Ordinance.' BACKGROUND: As part of the planned process of reviewing and updating the Orange County Personnel Ordinance, the Personnel Department has completed a comprehensive review of the Disciplinary Action section of the Ordinance. As a result of this review, Personnel has developed the draft Disciplinary Action section revision provided as Attachment 1. The current Disciplinary Action section of the Ordinance is provided as Attachment 2 along with the remainder of Article IX. Attachment 3 i a draft revision to Sections 8 and 10 of Article�IlI of the Ordinance to coordinate these sections with,`the revised Disciplinary Action section. The process of developing the revised draft has included review by department heads and by members of the Employee Relations Consortium. In addition, the draft has been reviewed by the County Attorney and Institute of Government staff. a .I A. Revision Objectives The specific objectives of the Disciplinary Action policy revision are to: 1. Make the disciplinary action policy more clear and understandable for supervisors. 2. Assure that legal due process requirements are met in carrying out any disciplinary action. 3. Include the Personnel Department's role. 4. Specify the policy coverage as to the various types of employees. S. Compile in one place the major guides for employee performance and conduct in a format which will facilitate their communication. B. Key Changes Key changes include the following: I. Coverage-(New Item 4.2 This clarifies the policy coverage. It reflects the current practice and does not represent a change in coverage. 2. DisciRlinary Action Based on Work Performance Revised Section 4.5.1 Exce tign This provides the flexibility with the County Manager's prior approval, to take an action other than Oral Warning in instances of certain serious work performance deficiencies which may not fall in the personal conduct category. 3. Personnel Department Role (New Section 4.71 This section specifies and clarifies the role the Personnel Department and'.-Per'sonnel Director play in the Disciplinary Action process, 4. Investigative Suspension INew Section 4.$ This section has been changed to allow for an employee to be suspended with pay pending an investigation. This change was made on the advice of the County Attorney. 5. Required - Disci2linary Action Process New A22endi`x 1) 3 6. This lays out in outline format the specific steps in the disciplinary action process. The format was selected to facilitate use by supervisors. Revisions to this process include: - Advising the employee of his or her appeal rights when any disciplinary action is taken. - Providing for written confirmation to the employee of an oral warning. - Providing that any dismissal decision is reached following the consideration of information received in the pre - dismissal conference and not in the pre - dismissal conference itself. - Providing the same process for carrying out a disciplinary demotion or a disciplinary suspension as that for a dismissal in order to assure due process requirements are met. This appendix has been added to provide a representative list of unsatisfactory work performance and unacceptable personal conduct on which a disciplinary action may be based. Listing these in one place in the Ordinance facilitates reference by supervisors and communication of these to employees. ION: The Manager recommends the Board receive the report as information. The Manager will be recommending the Board adopt the proposed Personnel Ordinance revisions at a later meeting. 4_ 7 Attachment 1 (12- 18 -91) DRAFT REVISED SECTION 4.0 FROM ARTICLE IX OF THE PERSONNEL ORDINANCE 4.0 Disci ling Actioa 4.1 General Old It is the intent of Orange County in establishing 4.0 this policy to provide a fair, clear and useful first tool for correcting performance or conduct Para- problems. Disciplinary action, when imposed, will graph be for the purpose of improving employee and County revised performance. When an employee fails to meet his or her work performance or conduct responsibilities, the supervisor is responsible for correcting such failure by initiating appropriate disciplinary action. Old An employee may be warned, demoted, suspended or 4.1 dismissed for just cause. The degree and type of action taken shall be based on the sound and considered judgment of the appropriate authority in accordance with the provisions of this Section. New 4.2 Cover_ age This Section applies to Permanent employees who have completed the probationary period. Exce tion: This section does not apply to employees of the Sheriff's Department, Register of Deeds Office or others specifically exempted under Article I of this Personnel Ordinance. New 4.3 TyRes of Disciplinary Action 4.3.1 The only types of actions which may be taken for disciplinary purposes,are the following: - Oral Warning With Written.Zonfirmation - First Written Warning - Final Written Warning - Dismissal - Disciplinary Suspension Without Pay - Disciplinary Demotion 5 New 4.3.2 Appendix 1 describes the required process for each disciplinary action. Old 4.3.3 A disciplinary suspension without pay must 4.5.5 be for at least one workday and may not be for more than three workdays. 4.4 Causes for Disciplinary-Action Old 4.4.1 Disciplinary action may be taken based on 4.2 unsatisfactory work performance or second unacceptable personal conduct. paragraph -The work performance category is used in addressing performance - related inadequacies for which a reasonable person would expect to be notified and allowed the opportunity to improve. -The personal conduct category is used in addressing those actions for which no reasonable person could or should expect to receive prior warnings. New 4.4.2 Appendix 2 provides "Guides for Work Performance and Personal Conduct." 4.4.3 Special Provision - Credentials Old By law some County positions may be 5.0 performed only by persons who are duly revised licensed, registered or certified as required by the relevant law. Failure to maintain the required credentials is procedurally a personal conduct violation and the basis for dismissal without prior warning. Any such dismissal is handled in accordance with the process specified in Appendix 1 of this Article. 4.5 DisciplinaKy Action Based On .Work Performance Old 4.5.1 An employee must receive an Oral Warning, a 4.3 First Written Warning and a Final Written revised Warning prior to any dismissal for work performance. New Exception: In instances of serious work performance deficiency which endanger the safety of persons or property and in which the employee involved is not a Health or Social Services employee, the department head may initiate the 6 - disciplinary action process with a Disciplinary Suspension without pay, a Final Written Warning or a First Written Warning with the prior approval of the County Manager. Old 4.5.2 It is not required that the Item 4.5.1 4.3 warnings all relate to the same type of work revised performance deficiency. It is required only that each relate to work performance. New 4.5.3 Warnings related to personal conduct may be included in the progressive warnings for performance related dismissal, provided that the employee receives at least the number of warnings required for dismissal on the basis of work performance. Old 4.6 DisciRlinary Action Based On Personal Conduct 4.4 revised An employee may be dismissed, demoted or issued a disciplinary suspension without pay without prior warning for causes related to serious misconduct. New 4.7 Personnel Department Role 4.7.1 The Personnel Department is available to provide guidance to supervisors and department heads in the administration of disciplinary action. This includes review and advice on any written notice to the employee confirming an Oral Warning or giving a Written Warning. 4.7.2 As appropriate, Personnel may advise the supervisor and employee as to the availability of the Employee Assistance Program as a source of assistance, on a voluntary basis, to the employee who has a personal situation which may be causing a work performance or conduct problem. 4.7.3 As requested, the Personnel.Director advises the County Manager, Health Director or Social Services Director as to any dismissal, disciplinary demotion or disciplinary suspension without pay. 4.7.4 Any memorandum, letter or other document used to notify the employee of any dismissal, disciplinary demotion, disciplinary suspension without pay or investigative suspension requires the advance approval of the Personnel Director 7 or the Personnel. Director's designee. 4.8 Investigative Sus ension Old 4.8.1 when a department head receives information 4.5.2 which he or she reasonably believes is basis revised for disciplinary action and when immediate action is needed to protect the safety of persons or property, to avoid undue disruption of work or for other reasonable cause, the department head may place the employee in the status of investigative suspension, direct the employee to leave the County premises and to: - Report at a designated time or place, or _- Remain away until further notice. to 4.8.2 As soon as feasible after the Item 4.8.1 action, the department head notifies the Personnel Director. " 4.8.3 The department head in consultation with the Personnel Director conducts an investigation of the matter leading to the investigative suspension as soon as possible and reaches a decision as to any disciplinary action with reasonable dispatch. New 4.8.4 The employee continues to receive pay and benefits while not at work due to an investigative suspension. Old 4.8.5 Investigative suspension is not used for the 4.5.3 purpose of delaying an administrative revised decision on an employee's work status pending the resolution of a civil or criminal matter involving the employee. r (6) Advises the employee that subsequent disciplinary action, including dismissal, may be taken if needed corrections are not achieved within the time allowed or if other problems arise. New (7) Advises the employee of his or her appeal rights under the Orange County Grievance Procedure. New (8) Gives the employee written coritirmation of the date of the discussion and matters covered. New *For employees in the departments of Health and Social Services, State requirements as to dismissal, disciplinary suspension without pay and disciplinary demotion are controlling and, if any variation exists, the State requirements override those of this Ordinance. APPENDIX 1 ARTICLE IX (12- 18 -91) DRAFT RE UIND DISCIPLINARY ACTION PROCLSS* I. Oral warning With Written Confirmation New a. The supervisor may issue an Oral Warning without other approvals. Old 4.3.1 b. The supervisor completes the following steps: revised (1) States clearly to the employee in a private meeting that the discussion is an "Oral Warning.', (2) Reviews with the employee the specific acts or omissions causing the Oral Warning. (3) Allows the employee,to give and considers the reasons for his or'her actions or omissions. Note: If warranted, the supervisor may decide not to proceed with the Oral Warning based on the information the employee provides. (4) Informs the employee of the specific corrections he or she'must make. (5) Informs the employee of the time allowed, if any, for the corrections to be made. (6) Advises the employee that subsequent disciplinary action, including dismissal, may be taken if needed corrections are not achieved within the time allowed or if other problems arise. New (7) Advises the employee of his or her appeal rights under the Orange County Grievance Procedure. New (8) Gives the employee written coritirmation of the date of the discussion and matters covered. New *For employees in the departments of Health and Social Services, State requirements as to dismissal, disciplinary suspension without pay and disciplinary demotion are controlling and, if any variation exists, the State requirements override those of this Ordinance. M (9) Provides a copy of the written confirmation to the Personnel Department for inclusion in the employee's personnel file. 2. First Written Warning New a. A First Written Warning requires the Department Head's advance approval. Old b. The supervisor completes the following steps: 4.3.2 revised (1) Upon noting employee performance or conduct appearing to require a First Written Warning, meets privately with the employee to review the specific actions or omissions and to allow the employee to give the reasons for the actions or omissions. (2) If the First Written Warning is justified, specifies in the letter to the employee: (a) That it is a "First Written Warning." (b) The specific actions or omissions leading to the First Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any, for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed or if other problems arise. New (g) The employee's right to appeal under the Orange County Grievance Procedure. New c. The department provides a copy:of,the First Written Warning to the Personnel Department,-for inclusion in the employee's personnel file. Old d. In carrying out Item 2, the supervisor should be aware 4.3 that, for unsatisfactory work performance, a First Written revised Warning may be issued only after an Oral Warning, except as provided in Article IX, Section 4.5.1. 3. Final Written Warning Now a. A Final Written Warning requires the Department Head's advance approval. (o 10 b. The supervisor completes the following steps: Old (1) Upon noting employee performance or conduct 4.3.3 appearing to require a Final Written Warning, meets revised privately with the employee to review the specific actions or omissions and to allow the employee to give reasons for the actions or omissions. (2) If the Final Written Warning is justified, specifies in the letter to the employee: (a) That it is a "Final Written Warning." (b) The specific actions or omissions leading to the Final Written Warning. (c) The corrections the employee must make. (d) The time allowed, if any, for corrections to be made. (e) Any prior disciplinary action(s). (f) That further disciplinary action, including dismissal, may be taken if corrections are not made within the time allowed. New (g) The employee's right to appeal under the Orange,County Grievance Procedure. New c. The department provides a copy of the Final Written Warning to the Personnel Department for inclusion in the employee's personnel file. Old. d. In carrying out Item 3, the supervisor should be aware 4.3 that, for unsatisfactory work performance, a Final revised Written Warning may be issued only after a First Written Warning, except as provided in Article IX, Section 4.5.1. Old 4. Dismissal* 4.3.4 revised Before a Permanent employee may be dismissed, the following must occur: New a. The department head reviews the f.acts'and circumstances, including the nature and extent of prior disciplinary actions, if any, and any action taken (or not taken) as to other employees in similar situations. *See Article IX, Section 4.7.4. 11 Old b. If the department head decides to recommend dismissal, he 4.3.4 or she reviews the recommendation with the County Manager (1) and receives the County Manager's approval to proceed with a pre - dismissal conference with the employee. In the case Now of an employee in the Department of Health or Social Services, the Health Director or Social Services Director determines whether to proceed with a pre - dismissal conference. Now c. Prior to the pre - dismissal conference, the department head gives the employee written notice of the pre - dismissal conference. This notice includes the specific reasons for the proposed dismissal and a brief summary of the information which management believes supports the proposed dismissal. Old d. The department head and /or management representative(s) 4.3.4 hold the pre - dismissal conference with the employee. (2) (1) No third parties, including attorneys or other representatives may be present at this conference. The Personnel Director or the Personnel Director's designee may be present at management's or the employee's request. New Note: This prohibition may be waived with the consent of the department head and the employee. (2) The department head and /or management representative(s): - Review with the employee the facts giving rise to the proposed dismissal and the specific reasons for the proposed dismissal. - Provide an opportunity for the employee to respond. New e. Following the pre - dismissal conference, the department head considers the information the employee has presented. Old f. if the department head determines that dismissal is 4.3.4 warranted following the pre- dismissa1 conference, he or (1) she reviews the dismissal recommendation with the County Manager and receives the Manager's-.approval to dismiss the employee. For an employee in the department of Health or New Social Services, the Health or Social Services Director makes the dismissal decision. Old g. The.department head gives the employee written notice 4.3.4 of dismissal which includes: (3) -The specific reasons for the dismissal and a brief summary of the information which management believes 12 warrants the action. -The employee's appeal rights under the Orange County Personnel Ordinance, S. Disci line Sus ension Without Pa X* Old a.. An employee may receive a disciplinary suspension without 4.5.1, pay based on work performance or personal conduct. For 4.5.5 work performance, a disciplinary suspension without pay and may be given in conjunction with a Final Written Warning 4.5.6 and only after an Oral Warning and a First Written Warning, except as provided in Article IX, Section 4.5.1. New be Before a Permanent employee may be given a disciplinary suspension without pay, the same process as that specified in Item 4a through 4g must occur. 6. Demme* Old a. An employee may be demoted on the basis of work 4.6 performance or personal conduct. For work performance, an revised employee may be demoted only after an Oral Warning and a First Written Warning, except as provided in Article IX, Section 4.5.1. For serious misconduct, an employee may de demoted without any prior warning. New be Before a Permanent employee may be demoted for disciplinary reasons, the same process as that specified in Item 4a through 4g must occur. New c. The employee's salary is handled as provided under the Personnel Ordinance for a demotion. *See Article IX, Section 4.7.4. APPENDIX 2 ARTICLE IX (12- 18 -91) DRAFT GUIDES FOR WORK PERFORMANCE AND PERSONAL CONDUCT New 1. General includes some items Orange County expects performance and personal conduct on from Article the job to be governed by good judgment and consideration ill, Section of others. It is important that each employee's 8 as noted performance and conduct support and advance the goals of the department and the County. 2. Ex M les Of Work Performance And Personal Conduct Which Interfere With County Goals The following acts comprise a representative, but not exclusive, list of unsatisfactory work performance and unacceptable personal conduct which may be the basis for a disciplinary action. a. Work Performance (1) An overall performance rating of "Unsatisfactory" under the Work Planning and Performance Review program (2) Failure to perform critical tasks (3) Failure to meet established deadlines (4) Excessive absences or late reporting (5) Failure to meet established standards of customer service (6) Failure to follow established departmental policies and procedures b. Per (1) (2) Old Article (3) III, 8.3.7 Old Article (4) 1II, 8.9.1 sonal Conduct Fraud and /or dishonesty Fighting or causing a fight Unauthorized possession of a firearm or other weapon on County property Using abusive, profane, obscene or derogatory language 13 14" (5) Gambling during work time (6) Sleeping during work time Old Article (7) Reporting to work or performing work while under III, 8.3.4 the influence of any intoxicant, drug or chemical which interferes with the employee's work performance or which might adversely affect safety Old Article (8) Possessing or consuming alcoholic beverages while 111, 8.3.5 on County property during worktime (9) Illegally using, possessing, dispensing, distributing, manufacturing or selling controlled substances at the worksite, during work time or while on duty, on stand -by duty or official County business (10) Engaging in acts during or outside duty hours which are incompatible with public service or which abuse the authority vested in the employee's position (11) Falsifying an official record (12) Sexual or racial harassment (13) Misusing or directing the misuse of County work time, funds, equipment or property (14) Accepting any gift, favor or thing of value which may tend to influence the discharge of duties or granting without authority any favor, service or thing of value Old Article (15) Operating a County vehicle or County equipment in III, 8.2.1 an unsafe or unlawful manner Old Article (16) Taking without permission., destruction or abuse III, 8.2.2 of County property, including unauthorized use of a County vehicle for iion-County business Old Article (17) Absence without authorized leave and /or notice III, 8.4.3 (18) Willful refusal to carry out the reasonable and lawful instructions of a supervisor (19) Engaging in incompatible employment or serving a conflicting interest (20) Serious, willful discourtesy to citizens or employees 15 (21) Failing to maintain legally required confidentiality of records such as medical records or personnel records (22) Engaging in prohibited political activity Attachment 2 16 From the Personnel Ordinance Publishe ARTICLE IX September 6, 1990 SEPARATION AND DISCIPLINARY ACTION 1.0 FURPOSE The purpose of this Article is to acquaint County employees with the causes and reasons for separation with regard to their employment. 2.0 POLICY When employee needs, economic stress, physical infirmity, retirement, death or punitive action warrant, steps to separate the employee from County service will be taken by the department head and /or the Manager (as necessitated). These steps are to be implemented fairly and objectively. 3.0 PROCEDURE All separations of employees from positions in the service of the County shall be designated as one of the following types and shall be accomplished in the manner indicated: 3.1 Resignation An employee'may resign by notifying his department head (or in the case of department heads, the Manager) of the effective date as far in advance as possible. A minimum of two weeks is requested of all resigning personnel. 3.2 Reduction -in -Force In the event that a reduction in force becomes necessary, consideration will be given to the quality of each employee's past performance, the need for service, and seniority in determining those employees to be retained. Employees who are to be laid off because of reduction -in -force will be given at least one pay period notice of..antieipated layoff. The duties performed by an employee laid off may be reassigned to other employees already working who hold positions in the appropriate classes. No permanent employee will be laid off while another person is employed on a part -time or temporary basis in the same class, unless the permanent employee is not willing to transfer to the position held by the temporary employee. 3.3 Disability An employee'may be separated for disability when the employee cannot perform the required duties because 17 of a physical or mental impairment. Action may be initiated by the employee or the County, but in all cases it must be supported by medical evidence as certified by a competent physician. The County may require an examination at its expense and performed by a physician of its choice. Before an employee is separated for disability, a reasonable effort shall be made to locate alternative positions within County service for which the employee may be suited. 3.4 Retirement Whenever an employee meets the conditions set forth under the provisions of any retirement plans adopted by the Commissioners for County employees, the employee may elect to retire and receive all benefits earned under the retirement plan. 3.5 Death All compensation due in accordance with this Ordinance will be paid to the estate of a deceased employee. The date of death shall be recorded as the separation date for computing compensation due. 3.6 Sus ension and Dismissal As discussed in the following section. 4.0 DISCIPLINARY ACTION? SUSPENSION AND DISMISSAL See new It is the intent of Orange County Government in 4.1 establishing this policy to provide County employees a fair, first clear and useful tool for correcting and improving para- performance problems, as well as to provide a process to graph assist management in handling instances of unacceptable personal conduct. Deleted Orange County recognizes that, consistent with sound employee relations practices, it is most important that disciplinary action, suspension and dismissal be administered in as near a uniform manner as possible. To assist all levels of supervision I.n promoting efficiency and equitable treatment for all employeaes'the following is established: 4.1 Policy New 4.1 Any employee, regardless of occupation, position or second profession may be warned, demoted, suspended or para- dismissed for just cause. The degree and type of graph action taken shall be based upon the sound and considered judgment of the appropriate authority in accordance with the provisions of this policy. 4.2 Procedure 18' See now 4.4.1 An employee may be suspended, demoted, or dismissed by a department head with approval of the Manager (or in the case of department heads, by the Manager) because of failure in performance of duties and /or See new failure in : personal conduct. An employee in the Sheriffs Department or Register of Deeds Office 4.2 may be suspended, demoted, or dismissed by the respective department head for failure in performance of duties See or failure in personal conduct. The employee, the new 4.7.4 Personnel Department, and the Manager will be and immediately provided with a written notice citing an effective date, for Appendix reasons the action, and appeal rights available to the employee. Appeal rights 1, item 4g will apply only to a permanent employee. See new 4.4.1 The basis for any disciplinary action taken in accordance with this policy falls into one of the following categories: (1) Discipline imposed on the basis of job performance; (2) Discipline imposed on the basis of personal conduct. The JOB PERFORMANCE category is intended to be used in addressing performance - related inadequacies for which a reasonable person would expect to be notified of and allowed the opportunity to improve. PERSONAL CONDUCT discipline is intended to be imposed for those actions for which no reasonable person could, or should, expect to receive prior warnings. 4.3 Job Performance Disci line and Dismissal See new This category covers all types of performance - 4.5 related inadequacies. This policy does not require that progressive warnings all concern the same type of unsatisfactory performance; this policy only requires that the progressive warnings all relate to job performance. Warnings administered under this Policy are intended to bring ibQut a permanent improvement in job performancz;'-should the required improvement later deteriorate, or other inadequacies occur, the department head and /or supervisor may deal with this new unsatisfactory performance at the next level of discipline. Employees who are dismissed for unsatisfactory job performance shall receive at least three warnings; First, one or more oral warnings; second, a written warning to the employee documenting all relevant points covered in the disciplinary discussion; third, a final written warning which notifies the employee that failure to make'the required performance 19 improvements may result in dismissal. See new In administering this policy, department heads 4.1 and /or supervisors should be aware that, in part, the intent of this policy is to assist and promote improved employee performance, rather than to punish. See new 4.3.1 Oral Warning The Department Head and /or Appendix 1 supervisor is responsible for assuring the Item 1 satisfactory performance of work assigned to their department. When, in the judgment of the department head and /or supervisor, unsatisfactory performance occurs, then use of the disciplinary process may be appropriate. In a private discussion with the employee, the supervisor shall do the following: -new Item (1) Inform the employee that this is a warning, lb (1) and not some other nondisciplinary process such as counseling; -new Item (2) Inform the employee of the specific lb (2) performance deficiencies that are the basis; -new Item (3) Tell the employee what specific 1b (4) improvement must be made to correct the unsatisfactory performance; -new Item (4) Let the employee know what time is lb (5) being allowed to make the required improvement; -new Item (5) Tell the employee of the consequences of 1b (6) failing to make the required improvements; -new Item NOTE: It is a recommended personnel practice lb (3) to allow the employee to respond to the specific reasons for the warning. In some cases the response may affect the department head and /or supervisor's decision on whether to discipline the employee. Supervisors should also record.,the:, date and specifics of the warning for possibld-future use. New 4.3.2 Written Warning In a -.private meeting with Appendix 11 the employee the department head and /or Item 2 supervisor shall: (1) Conduct a disciplinary conference with the employee; this disciplinary conference should follow the same steps as set forth for an oral warning; (2) Tell the employee that they will receive a written warning covering all ZU significant points of this conference; (3) Prepare and send to the employee a written warning covering significant points of the disciplinary conference; care should be taken to include the specific reasons for the warning. NOTE: Reference may be made in this warning to document an earlier oral warning. 4.3.3 Final Written Warning Before issuing the Now Appendix final written warning, the supervisor and 1, Item 3 department head should review the contents of the warning. The following steps shall be taken in issuing a final written warning: (1) Prepare a final written warning to the employee; care should be taken to include the specific reasons for the warning; (2) In private, conduct a disciplinary conference with the employee; at this conference, the specific reason for the action, the necessary improvements should be discussed; (3) Present the warning to the employee at the end of the conference; the employee should be informed, either orally or in a warning, that the failure to correct the unsatisfactory performance may result in dismissal. Deleted During the period after a final written warning has been given, the department head may choose to counsel with the employee concerning employment status before a decision to dismiss is made. Such counseling should involve a discussion of the necessity for the employee's commitment to improve performance. As a part of this counseling, the department head may request the employee to take up to a day's...leave with pay to consider whether or`not.the employee wishes to continue employment with the County. This time away from the job site shall not be charged to the employee's vacation or sick leave; it shall be considered as the employee's assignment for that time not at the normal job site. It should be stressed to the employee that a decision to continue employment with the County will require a commitment to improve performance, and that a lack of improvement will lead to dismissal. Clearly, such a procedure is not suitable in all situations; the department head is 4.4 See new Appendix 1, Item 4 Personal Conduct Employees may be dismissed, demoted, suspended, warned or otherwise disciplined on the basis of unacceptable 21 expected to use discretion to determine where such a procedure would benefit the employee and the County. See new 4.3.4 Dismissal Before an employee may be Appendix 1, dismissed on the basis of job performance, item 4 the following shall occur: -new Item 4f (1) The department head recommending dismissal should discuss the recommendation with, and receive the approval of the County Manager. -new Item 4d (2) A pre - dismissal conference shall be held between management representative(s) and the employee. No attorneys or other such representatives for either party shall be present at this conference; a witness or security personnel may be present if management deems it necessary. The management representative shall present the- employee with the specific reasons for the proposed dismissal and a brief summary of the information which management believes supports and proposed dismissal in the conference. -new Item 4e -9 (3) If, at the end of the pre - dismissal conference, the management representative determines that dismissal is still justified, the management representative may present the employee with -a letter of dismissal. This written notice must include specific reasons for the dismissal and the employee's right of appeal. However, the management representative may elect to defer the dismissal based on information presented by the employee, and reconsider the proposed dismissal. If, following such reconsideration, the decision is to dismiss, then no further pre - dismissal conference is required. Deleted (4) Upon dismissal on the basis of job performance, an employee may be given up two weeks notice. 'In;exeeptional circumstances, and with prior approval of the County Manger, a payment up to two weeks salary may be made in lieu of notice. Notice or pay in lieu of notice shall apply only to dismissals based on job performance. 4.4 See new Appendix 1, Item 4 Personal Conduct Employees may be dismissed, demoted, suspended, warned or otherwise disciplined on the basis of unacceptable 21 22, personal conduct. Discipline may be imposed, as a result of unacceptable conduct, up to and including dismissal without any prior warning to the employee. Disciplinary demotions, suspensions, or dismissal for personal conduct require written notification to the employee. Such notification must include specific reasons for the discipline and notice of the employee's right of appeal. Deleted NOTE: Failure to give specific written reasons for the dismissal shall cause the dismissal to be legally ineffective, and may require back pay and attorney's fees to be paid to the employee. Time limits for filing a grievance do not start until the employee receives written notice of their appeal rights. 4.5 SusRension See now Investigatory or disciplinary suspension may be -used Section 4.8 by management in appropriate circumstances. and Appendix However, the following provisions shall control its 1, Item 5 use: 4.5.1 An employee who has been suspended for either investigatory or disciplinary reasons must be placed on compulsory leave of absence without pay. See new 4.5.2 Investigatory suspension without pay may be Section 4.8 used to provide time to investigate, establish revised facts, and reach a decision concerning an employee's status in those cases where it is determined the employee should not continue to work pending a decision. Also, the department head may elect to use investigatory suspension in order to avoid undue disruption of work or to protect the safety of persons or property. An investigatory suspension Deleted without pay shall not exceed 45 calendar days. However, the County'Manager may extend the period of investigatory.suspension without pay beyond the 45 -day limit.'-'The employee must be informed in writing of the-extension, the specific reasons for the'- extension and right of appeal. A copy of the above communication shall be sent to the Personnel Director and the County Manager. If no action has been taken by the department head by the end of 45 calendar days, and no extension has been made, one of the following must occur: Reinstatement of the employee with full back pay; appropriate disciplinary action based on the results of the investigation; reinstatement of the employee with up to three days pay deducted from the 23 back pay (See Section 4.5.4). See new 4.5.3 Investigatory suspension of an employee shall Section not be used for the purpose of delaying an 4.8.5 administrative decision on an employee's work status pending the resolution of a civil or criminal court matter involving the employee. See new 4.5.4 An employee who has been suspended for Appendix investigatory reasons may be reinstated with up 1, Item 5 to three (3) days pay deducted from salary. Such determination is to be based upon the County Manager's determination of the degree to which the employee was responsible for or contributed to the reasons for the suspension. This period constitutes a disciplinary suspension without pay and must be effected in accordance with Sections 4.5.5 and 4.5.6. See new 4.5.5 An employee may be suspended without pay for Appendix 1, disciplinary purposes for causes relating to Item 5 and any form of personal conduct or in conjunction Section with a final written warning for performance of 4.3.3 duties. However, a disciplinary suspension without pay must be for at least one (1) full working day, but not more than three (3) working days. See new 4.5.6 An employee who has been suspended without pay Appendix must be furnished a statement in writing 1, Item 5 setting forth the specific acts or omissions that are the reasons for the suspension and the employee's appeal rights. Where suspension is for disciplinary reasons, a copy of the statement shall be forwarded, through administrative channels, to the Personnel Director for the purpose of monitoring the policy use. Deleted 4.5.7 If the employee fails to report back to work when requested or at the expiration date of suspension, the employee will be considered to have terminated employment, and any subsequent reinstatement or re- employment would be on the basis of new employment. Any leave of absence without pay must be fully documented. 4.6 Demotion See new Appendix Any employee may be demoted as a disciplinary measure. 1, Item 6 Demotion may be made on the basis of either unsatisfactory job performance or unacceptable personal conduct. (1) Job Performance - An employee may be demoted for unsatisfactory job performance after the employee 24` has received at least two prior warnings on performance. At least one of the warnings prior to demotion must be in writing. (2) Personal Conduct - An employee may be demoted for unacceptable conduct without any prior warnings. Cause for demotion on the basis of personal conduct does not have to be as serious as cause for dismissal. (3) Notice - An employee who is demoted must receive written notice of the specific reasons for the demotion, as well as notice of appeal rights. Deleted Disciplinary demotions may be accomplished in several ways. The employee may be demoted to a lower classification with or without a loss in pay. Or, the employee may be reduced to a lower step in the same pay grade with a corresponding loss of pay. In no event shall an employee's pay be lowered below step one of current pay grade, unless the employee is demoted tb a lower classification. 5.0 SPECIAL PROVISION - CREDENTIALS Deleted By statute, some duties assigned to positions in the County See new service may be performed only by persons who are duly Section licensed, registered or certified as required by the 4.4.3 relevant law. All such requirements and restrictions are specified in the statement of essential qualifications or recruitment standards for such classifications. Employees in such classifications are responsible for maintaining current, valid credentials as required by law. Failure to maintain the required credentials is a basis for immediate dismissal without prior warning. An employee who is dismissed shall be given a written statement of the reason for the action and appeal rights. 6.0 EMPLOYEE APPEAL OF DISCIPLINARY ACTION A permanent employee wishing to appeal the demotion, suspension or dismissal may present the matter in accordance with the provision of the grievance'pt6cedure that is prescribed in Article VIII of the Ordinance. 7.0 E %IT INTERVIEW PURPOSE - Exit interviews are made to give management insights as to those reasons for employee turnover. The objective is to' improve (through employee observations and suggestions) working conditions and to provide incentives that will evoke employee loyalty and contentment. 7.1 Policy 25 Each terminating permanent employee participates in an Exit Interview conducted by the Personnel Department. 7.2 Final Pay Check 7.2.1 A terminating employee will receive a final pay check at the end of the last pay period worked. 7.2.2 Included in an employee's final pay check will be accrued vacation leave, paid in lump sum, along with actual hours worked. 7.2.3 An employee at termination will only receive pay for actual hours worked, and vacation leave. Holiday hours, Sick Leave hours, overtime or compensatory leave hours, or petty leave hours will not be paid to an employee at termination. 7.2.4 Once an employee has given resignation, accumulated holiday, sick, overtime or compensatory, and petty leave hours, will not be counted toward actual hours worked in supplementing or determining last day of employment. 7.2.5 Final pay checks will not be released until all County property has been turned over to the department head or supervisor. Attachment 3 (12- 18 -91) DRAFT REVISED SECTIONS 8.0 AND 10.0 FROM ARTICLE III OF THE PERSONNEL ORDINANCE 8.0 SAFETY CONDUCT AND PERFORMANCE It is the objective of this County to conduct all operations as safely and efficiently as possible. All County employees should practice supply economy, energy conservation, security of County equipment and property and all safety procedures. 8.1 Accidents involving injuries of County personnel using County equipment shall be reported immediately, as appropriate, to the employee's immediate supervisor. 8.2 In the case of vehicle operations, County drivers will be required to own a valid N.C. Driver's license.' County drivers will be expected to follow the principles of "Defensive Driving ", to drive so as to prevent accidents in spite of the incorrect action of others and in spite of adverse driving conditions. County drivers will be expected to wear seat belts while driving County owned vehicles. New Article 8.2.1 eperatin I8, Appendix unlawf til Mal ay result in texminationi, 2, Item 2b (15) New Article 8.2.2 IS, Appendix yep eoulin edi to - na - 2, Item 2b (16) . 8.3 The County makes reasonable efforts to provide safe, healthful working conditions, the County is genuinely genuinely interested in the health of all employees. In accordance with legal requirements: 8.3.1 Employees must keep work areas clean and orderly. ` 8.3.2 Employees should be watchful for unsafe conditions and unsafe.practices in the work place. Such occurrences should be reported to the supervisor immediately. 8.3.3 Employees equipment employees property. glasses, should be should use prescribed safety to protect themselves and fellow and to safeguard County equipment and In designated areas, safety shields, gloves, and ear protectors worn. 26+ 27 New Article 8.3.4 I8, Appendix 2 � the influence of alcohol LVi vi _a r -Item 2b (7) r or job Pergermnee. -Item 2b (8) 8.3.5 The possession er eensamptien of aleehelie , -Item 2b (9) 8.3.6 The pessessien _ ---� r New Article IS, 8.3.7 Appendix 2, etheE weapens are net permitted on Gounty Item 2b (3) property 03 at i tan will ffesult in 8.3.4 Clothing must conform to safety requirements and codes. 8.3.5 Any on- the -job accident or injury, no matter how slight, should be reported to a supervisor immediately. If treatment is required, the supervisor will give instructions on the procedures to follow in filing a Worker's Compensation report, and seeking medical attention. 8.4 The County expects conduct on the job to be governed by good judgement and consideration for others. It is important that each employee's conduct and performance support and advance the County and department goals. 8.4.1 Pelley and therefore -__r try&natie� ae�r a des New Article IZ, Appendix 2, language, gambling eat�e job, sleeping daElaq Item 2b (4) 8.4.2 Now Article IX, 8.4.3 Appendix 2, Geunty pEepEtyTeee-ld -result in diseiplinary Item 2b (17) aetlen. All empleyeee- 2.8 the supeL=viser. Leaving esenty New 8.5 Appendix 2 of Article IS provides examples of work performance and conduct which interfere with County goals and which, therefore, may be the basis for disciplinary action. 8.6 Bulletin boards in departments are used to post important notices and employee information. Use of these boards (including distribution of pamphlets, letters, posters, etc.) without the Department Head's approval is prohibited. 8.7 Changes of name, address, and other employment information should be reported to an immediate supervisor. 8.7 PeEfemanee of all jebs in an efficient and iaeeept4ble afteE the six month Pr-ebatlenary peLAed is _43 8.8 8.9 Employees should maintain harmonious, cooperative relationships with other County employees. 8.10 Employees should observe other established rules, Policies, regulations, practices and procedures applicable to County employment. 10.0 DRUG -FREE WORKPLACE* 10.1 Purpose - Its employees are Orange County Government's most valuable resource and, therefore, their health and safety is a. serious concern. Orange County will not tolerate substance abuse which imperils the health and well -being of its employees or threatens its.'service to the public. The use of illegal drugs and abuse of alcohol or other controlled substances, on or off duty, is inconsistent with law abiding behavior expected of all citizens. Employees who use illegal drugs or abuse alcohol or other controlled substances on or *Changes shown in boldface 29 off duty, tend to be less productive, less reliable, and prone to greater absenteeism resulting in the potential for increased cost, delay and risk in providing services. Ultimately, they threaten the county's ability to serve the public. Furthermore, employees have the right to work in a drug and alcohol free environment and to work with persons free from the effects of drug or alcohol abuse. Employees who abuse drugs or alcohol are a danger to themselves, other employees and the public. In addition, substance abuse inflicts a terrible toll on the county's productive resources and the health and well -being of Orange County workers and their families. Orange County is therefore committed to maintaining a safe and healthy workforce free from the influence of substance abuse. In addition, Orange County will vigorously comply with the requirements of the Federal Drug -Free Workplace Act of 1988 and implement rules promulgated by the United States Office of Management and Budget that will affect all employees in general and federal grant funds administrative employees, in specific. 10.2 Policy - It shall be the policy of the Orange County to maintain a workforce free of substance abuse. 10.3 Reporting to work or performing work for the county while impaired by or under the influence of any intoxicant, drug or chemical which interferes with the employee's work performance or which might adversely affect safety. 10.4 The illegal use, possession, dispensation, distribution, manufacture or sale of controlled substances by employees at the worksite, during work hours, or while the employee is on duty, official county business, or stand -by duty is prohibited. 10.5 Violation of such prohibitions by county employees is considered conduct detrimental to county service and will result in disciplinary - action in accordance with Article IX, Section 4.6-of this Ordinance. 10.6 Employees are required to notify the employing department head or designee within five (5) days of any criminal drug statute conviction where such conviction was due to an occurrence at the worksite, during work hours, or while on duty, official business, or stand -by duty. 10.7 An employee who is convicted of violating any 30 criminal drug statute in such workplace situations as stated above will be subject to disciplinary action. 10.8 A conviction means a finding of guilt or the imposition of a sentence by a judge or jury, or both, in any federal, state, or local court. 10.9 Departments that receive federal grants must, in turn, report any such criminal drug statute convictions as stated above of their employees, covered by federal grants to federal agencies from which grants are received within ten (10) days after receiving notice from the employee or otherwise receives actual notice of such conviction. 10.10 All county employees will be given a copy of the Drug -Free Workplace Policy. Employees will be informed that they must abide by the terms of the policy as a condition of employment and.of the consequences of any violation of such policy. Drug - Free Workplace Affirmation Form is optional for current employees to read and sign. Affirmation Forms may be used as a means to notify current employees and provide them with a copy of the policy. The Drug -Free Workplace Affirmation Form is required for all new employees appointed on or after the effective date of this policy. 10.11 Awareness Resources Referral Program - The county will strive to educate employees about the dangers of substance abuse. The county will establish an awareness program to assist employees to understand and avoid the perils of drug and alcohol abuse. The county will use that program in an ongoing educational effort to prevent and eliminate substance abuse that may affect the county's workforce. The awareness program will.-donain provisions to inform employees about the: (11- dangers of alcohol and drug abuse; (2) Orange.County Drug -Free Workplace; (3) availability of treatment and counseling for employees who voluntarily seek such assistance; and (4) sanctions the county will impose for violations of its Drug -Free Workplace Policy. 10.12 A2Rlicability - The Drug -Free Workplace Policy applies to employees in all departments. More stringent requirements may be required in some departments. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: School Bond Survey DEPARTMENT County Manager +- ATTACHMENT(S) 12/27/91 Proposal from Johnston, Zabor & Associates 01 Action Agenda Item No �; B PUBLIC HEARING YES NO X - INFORMATION CONTACT Rod Visser, ext 2300 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 699-7ql, PURPOSE: To receive a report on the school bond telephone survey that will be conducted by Johnston, Zabor and Associates. BACKGROUND: At the December 17, 1991 meeting, the Board of Commissioners received a report on prospects for conducting a survey of Orange County voters concerning the proposed school bond referendum. At that time, the Board decided to proceed with a telephone survey and to hire the firm of Johnston, Zabor and Associates to conduct the survey. The Board also directed the Manager to negotiate a contract with the firm and bring a sample survey for Board review at the January 6, 1992 meeting. The attached letter from Jeff Johnston, president of the firm, outlines their proposed workplan for the survey. The Manager is finalizing a contract with Johnston, Zabor and Associates, which the County Attorney will review and the Chair will sign. The cost for the firm's services is $9,850, which can be covered through an appropriation from fund balance of the School Capital Reserve Fund. Mr. Johnston will be present at the meeting to respond to any questions the Board may have about the survey instrument. RECOMMENDATION(S): The Manager recommends that the Board receive the report as information. Johnston, Zabor & Associates, Inc. December 27, 1991 SENT NqA FACSIlVIILE 644 -3004 Mr. Rod Visser Asst. County Manager Orange County Government P.O. Box 8181 Hillsborough, NC 27278 W7 ' � � It was a pleasure for JoAnn Everson and I to .meet with you and John Link last week about the research for the school bond referendum. The research we will perform will furnish considerable guidance to the decisions by the county commissioners regarding both the timing of a school bond referendum and the amount that can be successfully obtained. We have evaluated the project, comparing your objectives to those in Durham County last year. As you know Durham County passed an education bond referendum in 1991, the level of which we were able to accurately predict. The educational organizations initially sought considerably more in dollars. The forecasting research allowed the commissioners to better understand the level of willingness taxpayers had regarding support of schools; both in terms of total dollars for the bonds, and in terms of out -of- pocket expenses to taxpayers. In the case of Orange County, we are also attempting to predict the best timing for a bond referendum. Outline of Work Study Objectives There are four primary objectives of this research: 1. To determine what level (in millions of dollars) voters would likely pass in a bond referendum, 2. to determine what level of tax -rate increase voters would accept in support of schools, 3. to determine the most appropriate timing for a successful bond referendum to be launched, and 4. to determine the level of awareness regarding the need for new schools among registered voters. Headquarrers Park, Suire 300 P.O. Box 12743 Research Triangle Park, NC 27709 (919) 544 -5448 Fax 1919; i44 -0954 3 Sample Johnston, Zabor & Associates proposes to complete 400 telephone surveys with registered voters in Orange County. The sample will be constructed to fairly represent the population - split between populations from the Chapel Hill City School District, and the Orange County School District. We will also ask key demographic questions, which include sex, race, voting history, parent vs. non - parent, and income. These factors will be cross - tabulated for analysis. Results The results of this marketing research will give the Orange Country Commissions guidance regarding timing and dollar level support for the school bond referendum planned for 1992. Johnston, Zabor will employ standard tabulation statistics and regression analysis in order to graphically show the percent of the population willing to support the bonds at each level. As a result, the commissioners will be able to clearly determine the maximum level of bond funding obtainable at this time. It must be kept in mind that research of this nature reflects how people feel at the time the questions are asked. We will attempt to evaluate whether voters feel May or November would be most appropriate in order to maximize the potential, but these research findings are rarely clear. The research will clearly determine the level of funding possible at this time, and will give information regarding how familiar. the voters are with the issues. Using this information, the commissioners will be able to make a reasonable assessment regarding timing and dollar volume for a referendum in the spring of 1992. If the level of funding possible at this time is lower than a minimum required to meaningfully contribute to the educational infrastructure, then a delay would obviously be in order. Consideration We have priced this project based on the following assumptions: Sample size of 400 25 questions (mostly closed- ended) 70 variables The survey will be no longer than 8 minutes in length No list is available with telephone numbers The project must be completed in January Based upon these assumptions, the cost of performing this research will be $9,850. We would like to invoice 50% of the cost of the survey when agreement is reached to proceed, and the remaining 50% when the report is completed. We'thank you for your confidence in Johnston, Zabor & Associates, and we look forward to serving you on this very important matter. PS: I will send you a sample Iston questionnaire no later than Tuesday. 4 E4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No _VLZ-A ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: E911 /CAD Equipment and Systems Integration Procurement -------------------------------- DEPARTMENT Land Records PUBLIC HEARING YES NO X ATTACHMENT(S) Proposed IBM Customer Agreement Proposed IBM Statement of Work (both under separate cover) INFORMATION CONTACT Roscoe Reeve, ext 2501 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227 -2031 Durham 688 -7331 PURPOSE: To consider approving an agreement with -IBM for provision of hardware, software, and systems integration of Enhanced 911 /Computer Aided Dispatch capabilities for Orange County. BACKGROUND: During the last two months, the Board has reviewed several presentations about the County.'s plans for implementation of an integrated Enhanced 911 System during Spring, 1992. Demonstrations by Land Records Manager /GIS Director Roscoe Reeve and the technical staff from LogiSYS and IBM were designed to provide the Board with some familiarity about the capabilities of the proposed system and the potential benefits that Orange County citizens may enjoy as a result. Due to constraints of staff time and expertise, staff found it necessary to solicit external technical assistance to undertake system development and the marriage of hardware and software for this project. IBM has submitted the attached proposal for an integrated 911 system for Orange County that will, among other things, provide information to 911 Center personnel and emergency response personnel from four different systems. These include: * E911 Interface - Automatic Location Identification /Automatic Number Identification (ALI /ANI) from Southern Bell * Computer Aided Dispatch (CAD), which includes call- taking, dispatch of emergency units, and detailed emergency incident administrative data * Interface to National Criminal Information Center and North Carolina State Bureau of Investigation (NCIC /DCI) * Electronic maps for automatic incident location from Orange County Geographic Information System (GIS) 2 Information will be provided to each dispatcher on a single high resolution workstation using a "windows" approach that will permit dispatchers to handle multiple calls. Workstations will be networked so that each can deal with any call received, or so the call can be monitored by a 911 supervisor or responding agency officer. Each station can function independently so that failure of one workstation would not render the Center non - operational. The cost for the IBM proposed system is $380,727, which includes a "hot spare" option for a backup workstation at the Emergency Operations Center (EOC). The figure is slightly lower than that shown in the December 19, 1991 proposal from IBM due to some recently revised costs. The cost breakout is as follows: IBM Hardware (purchased through State 5 EOC Workstations 1 EOC Hgt Spare Workstation 1 Land Records Workstation 1 Sheriff Workstation 4 Digital Modems IBM Operating System Software (incl Hot Spare) Non -IBM Hardware /Software & IBM System IBM System Integration 3 Ethernet Bridges Uninterruptable Power Supply (UPS) LogiCAD Software TOTAL contract) $ 105,184 19,537 27,401 27,401 4,544 $ 184,067 $ 11,496 Development $ 85,543 30,749 9,900 58,972 $ 185,164 $ 380,727 System integration costs include all installation, training, and geofile creation as well as design, testing, and system assurance. The geofile is the enormous task of linking an address with its location on the ground and building that relationship for displaying incident sites and routing emergency vehicles. Costs associated with the IBM proposal and other aspects of the Enhanced 911 project will be funded through telephone subscriber fees, with one exception: the Land Records and Sheriff workstations and GIS software are covered by funds approved by the Board for the GIS project and already included in the 1991 -92 budget. Those costs not paid in accordance with the IBM proposed schedule would be financed with IBM, as a contract addendum, in monthly installments as additional revenue from subscriber fees becomes available. Ongoing operational and maintenance costs for hardware, software, database, access lines, and addressing are expected to be adequately funded by continuation of the current 50 cent monthly 911 telephone subscriber charges. RECOMMENDATION(S): The Manager recommends that the Board approve the agreement with IBM, subject to final review by the County Attorney, and authorize the Chair to sign it. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE JANUARY 6, 1992 Ei ACTION AGENDA ITEM NO. YM- S SUBJECT: BID AWARD; SHERIFF'S VEHICLES DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES _X —NO ATTACHMENT(S): INFORMATION CONTACT: DAVID CANNELL EXT: 2651 PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To authorize the purchase of fifteen (15) Law Enforcement vehicles for the Sheriff's Department. BACKGROUND: Funds were allocated in the 1991 -92 vehicle replacement for the purchase of fifteen (15) Law Enforcement four - door sedans for the Sheriff's Department. In the past the vehicles have been purchased through the State Contract. However, the State has not awarded the contract for this year. Article 20 of Chapter 160A of the General Statutes of North Carolina allows for cooperative purchasing. The City of Raleigh has a cooperative purchasing agreement with the Triangle J Regional Council of Governments. Capital Ford, Inc. in Raleigh was awarded Raleigh's Bid Number 91- 38 for Law Enforcement Vehicles. The costs are; $11,720.00 for Crown Victorias and $10,350 for Ford Tauruses. The Sheriff is considering utilizing up to four (4) the mid -size Taurus for investigators. The State Contract price for full - size Law Enforcement vehicles in 1990 -91 was $12,398.25. RECOMMENDATION: The Manager recommends the purchase of (15) Law Enforcement vehicles from Capital Ford, Inc. for a sum not to exceed $175,800.00. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: Maternal Care Coordination DEPARTMENT: HEALTH ATTACHMENT(S): 1. Memorandum from Division of Maternal and child Health 2. Maternal Care Coordination Grant Application 1 Action Agenda Item No. V ..C. PUBLIC HEARING: Yes X No INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To authorize the Health Department to apply for additional State funds to increase Maternity care Coordination services and add a full -time social Worker'II position to handle the increased caseload. BACKGROUND: The North Carolina General Assembly appropriated $500,000 for each Of the fiscal years, 1990 -91 and 1991 -92 to create additional Maternity Care Coordination positions in counties with documented, unmet needs. The orange County Health Department received a start -up grant in FY '90 -'91 to establish a Maternity Care Coordination position to serve the Medicaid eligible patients of the University Hospital Pre -natal outpatient clinic. According to the attached memorandum from the Division of Maternal and Child Health, the Health Department may also apply for a start -up grant for a second Maternity Care Coordination position for the balance of the fiscal year '91 -'92. The start -up funds would enable a position to be established and funded for a 3 1/2 month period until the Medicaid reimbursement for Maternal Care Coordination services would be paid to the Department. Currently, in the Hillsborough Pre -natal Clinic of the Health Department, Maternity care Coordination services are being provided by a social worker II who also provides Child Service Coordination in the Child Health Clinic. state guidelines suggest an average monthly caseload for a half -time MCC worker of 45 patients. The Child service coordination guidelines suggest an average monthly caseload of 25 for a half -time worker. The caseloads of the coordinators have grown steadily since they started in August. At the_:curr.ent rate of growth, their caseloads will meet state guidelines by the end of the year. However, there will be an additional number of Child Service and Maternity Care patients not receiving adequate services. These figures are as follows: maternity Care coordination Hillsborough current # prenatal patients 142 Current MCC caseload 37 Recommended MCC monthly caseload' 45 (1/2 time) Remaining current unmet need 97 Child service coordination current active caseload 119 clients served by existing OCHD staff 75 Recommended full -time CSC 50 monthly caseload Current service gap 44 El `A UNC Hospitals 106 38 90 (full -time) 16 Thus, it can be seen that there is an existing service gap that will not be closed when current staff reach their caseload capacity. To document the capability of the Health Department to acquire the Medicaid funds necessary to support similar positions, the following information is provided regarding the projected expenses and revenue for FY '92 positions that are to be supported by Medicaid revenue: EXPENDITURES Position office Supervisor I (hired 1/92) Social Worker II (Lead, Hillsborough) Social Worker II (UNC Hospitals) FTE charged To REVENUE salary and Fr. Benefits Program 1.0 Child service $15,731 Coordination 0.5 CSC 17,815 0.5 MCC, 17,814 1.0 MCC 30,78 $82,145 CSC C.H. M. H. MCC Projected Revenue $44,000 13,147 25,863 12,022 $95,252 The above information shows that projected revenue, based upon six -month figures, will exceed the amount needed to support existing positions funded to revenue by $13,107. This demonstrates that the OCHD has a track record of fallowing through on collecting needed revenue. There has been a trend over the last few years iff 03�arige.County of increasing numbers of low birth weight babies which are at greater risks to death during infancy. MCC services have been shown to be effective in-reducing the numbers of low birth weight babies and infant mortality. Therefore, the 'Health Department has a responsibility to make MCC services available to all Orange County citizens who quality. Without additional staff, an estimated 115 Medicaid eligible orange county women, served in our Hillsborough clinic, will not receive Maternity Care coordination services by the end of this fiscal year. In addition, the babies of at least 25% of the MCC caseload qualify for child service Coordination. Many of these will have to be put on a waiting list. 3 The availability of a State grant would enable the Health Department to implement one new Maternity Care Coordinator position during the existing fiscal year without requiring any County tax dollars to support the position while waiting for the Medicaid revenue to be generated. The demand for the services is increasing at such a rate that there will certainly be a request for a revenue- funded position in the next fiscal year. Failing to apply for the up -front money, by the application deadline of January 15, 1992, would simply forego the opportunity of having the working capital funded by the State. Notices of'grant award will probably not be sent out until the end of February, making it unlikely that a new position could be implemented until March 16, 1992. This leaves 3 1/2 months until the end of the fiscal year. RECOMMENDATION(S): The Manager recommends that the Health Department be stater ;aenew, temporary, Maternity Care Coordinator the grant. if funded by the established through June 30, 1992. The continuation of thins position for FY 92- 93 would be evaluated based on Medicaid revenues generated and the caseload demand experienced. � R rVISED MEMO PLEASE DISREGARD MEMO K DATED NOVEMBER 25. �r T Carolina Department of Environment, Health and Natural Resources Division of Maternal and Child Health P.O. Box'-' 7687 • Raleigh, North Carolina 2176114687 December 3, 1991 Ann F. Wolfe, M.D., MF`i. James G. Malrun, G6vemor Director illiam ' Gobey }r., Secretary MEMORANDUM TO: Local Health DepartmentM Offer Agencies Providing aternity Care Coordination Services Special Assistant Marcia Roth,' for FROM: Development Planning and Program Develop UP FRONT FUNDING FOR MATERNITY CARE COORDINATION FOR MEDICAID RE: RECIPIENTS 4 for expanding maternity care was The deadline for applications for up front funding P coordination services to additional Medicaid requests eceived totaled only Although $500,000 is available for that purpose, $167,564. with the Local Health Directors MCH Liaison Committee it has been In �-�t should be ini� -ated• Please note that decided that a second round of aPPj'atj= fiscal ear ou are sH 71 e1i ale f„r�r7ina last 1,,-!VrUl u - — - '�1:.5 ear ?r rin aS G .�....._ . to wive fundin agencies that can justify funding for more than two x� c= , , Sazdrady now ram finding f°r the total number of positions that P� hate agencies that submitted a r�3u for two fu71 -time positions in they need. (T vited to submit a supplemental appJ- ication) . the first cycle are in If up=,- ��er ��eatrn you would like to submit a request for these S funds' 991 in this second cycle is January your submission deadline for app . ante and FAX or send in you_ Please fo low the d�� in the application guidance request to Marcia Roth by this date. application in the first submission cycle will receive Agenci -s that submitted an notice of their appv-cation's status by December 31, 1991• MR:nr cc: Ann Wolfe, M.D. Regional MCH Supe-"visors Regional MCH Nursing Consultants Barry Goldstein Carolyn Goforth Caroi.ine Whitehead An Equal Oppor unm' Atf "n'e Amon cmpla"�` - t Attachment I •J�`. -�� 1.► r: :, r`• 11 L1 y 646.0 Ir • rl' `IJti •rf -•�S. APPUCAM AMY: Orange County Health Department TAE NOMER: _ ( 9191 732 -8181, x2411 CO3RN: Orange TIRECILiU Daniel B. Reimer I: - -. ! Iars v ■r - +:,wr- ■� a► r ra ■- ;lei Irsf - +�f`�■ :rr ` - -« ► { • •.' i;, -. r• � �■ f'1MY r�ij r ! l- - I■ • - 'J M! 1` • Y• - - . ;� L- • /:ar ■- ' ■� Irsr �� }■ -.■ �:{ n • •.- •. i : -. ► ,■ «.r■ ■ �� is- ; f�l� �- • - -�� • ► 1�♦ • L.{' `-- ■I` -•I i- M! ICI 100% sm 75% 1- - 60% 50t. 40t 251% 20% Mm T -659 (31/90) 5 $6 i 50 $ 6,563 _._. $4,375 $ 53,500 $ $2, 7.88 $ $1,750 $ TUM $6,563 - FuNcam BEQam= $ 6.5 6 3 L,QQ ..__ 5 2 Attachmerlt I 00, Z.- TTVA The Orauge County Health Department ;rem to the f 011win; requizenents (namim of agency) Irg Maternity care =Ordination grant fUnds Iran t1w as a condition for r8ceiv Division of Maternal and a-LLId Health: (i) To use grant t=ds to establish raw maternity caXs =0,6 LimtiOn position(s) arid/or irx=e&.se the tage time of existing pa•t-tin* cam coordination p=iticm, and (2) .To use the revwLu-- W=ated'k7y maternity rare ==U=tion staff I _,IA=rt the= salaries and f==W benefits in the 0-11=11 and mlbsequent fiscal years. ig Data .�fRr_ncy i, a sigm=lre of Aqer=y Fine Officer Date 0 1 0 RANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: SHENANDOAH - PRELIMINARY PLAN ACTION BY: February 27, 1992 DEPARTMENT: PLANNING ATTACHMENT(S): Resolution of Approval Application Vicinity Map Preliminary Plat Private Road Justification Staff Memorandum Draft Conservation Easement Agreement 12/16/91 Draft Planning Board Minutes Action Agenda Item # VI- -D PUBLIC HEARING: Yes X No INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham -- 688 -7331 Mebane - 227 -2031 Chapel Hill - 967- 9251/968 -4501 PURPOSE: Consideration of the Preliminary Plan for Shenandoah Subdivision. BACKGROUND: The property is located in Chapel Hill Township on the east side of Neville'Road (SR 1945) on the north side of Phil's Creek. It is zoned Rural Buffer, Protected Watershed II, and University Lake Watershed. The tract is designated Rural Residential in the Joint Planning Area Land Use Plan. Adjacent land uses are residential. The total acreage of the tract is 28.38 acres. Six (6) new lots are proposed. one will be a 2 -acre lot; the other five lots are approximately five acres each. This division complies with the current ULW standards which would have allowed a maximum density of five 2- acre lots and three 5+ -acre lots to be proposed. Individual wells and septic tanks are required. A new Class B private road is proposed with the applicant's private road justification included in the attachments. The Planning Staff's evaluation of the private road request follows the applicant'submittal. The factors used to justify the private road are: 1. Larger lots than the minimum required; 2. Clustered units; 3. Restrictive covenants to provide tree protection and prohibit further subdivision; 2 r 4. Location in the University Lake Watershed where impervious surface is limited and land disturbance /vegetation removal should be minimized; and 5. Dedication of recreation /open space. Access to lots 1 and 6 will be restricted to the private road. Agency review comments were received as follows: Agency Received Town of Carrboro 11/15/91 Town of Chapel Hill 11/11/91 Erosion Control 11/7/91 Triangle Land Conservancy 12/2/91 Recreation and Parks 12/5/91 Courtesy review comments from the Town of Carrboro Planning Staff included impervious surface calcula- tions, protection for the stream buffer and flood - plain, and driveway locations. Dedication of public recreation /open space is required since both Phil's Creek and its tributary on the eastern boundary of the subdivision are designated as greenways in the Joint Planning Area Land Use Plan. Such a dedication was included as a condition of approval on the Concept Plan. On the Preliminary Plat, the applicant has shown a 20- foot "Private Recreation and Creek Access Easement" in addition to a perpetual conservation easement over the entire 100 -year floodplain dedicated to Triangle Land Conservancy. Neither of these indications can substitute for the required dedication of public recreation /open space. The Director of Recreation and Parks met with the applicant last May to discuss the recreation dedication. She recommended that a 10 -foot strip be dedicated for public access located entirely within the conservation easement along Phil's Creek, but not along the tributary on the eastern boundary. Changes to the language of the draft conservation easement agreement would be necessary to allow public access, improvements, and recreation activities within the 10- foot greenway. The dedicated area should be located within 30 feet of the centerline of Phil's Creek. This distance from the creek is necessary to insure that usable land will be dedicated. The 20 -foot wide strip shown as private on the Preliminary Plan is not adequate, since some, if not all, of that width would be in the water in many 3 places along the creek. The applicant has negotiated a perpetual conservation easement with Triangle Land Conservancy which includes the entire 100 -year floodplain. A draft of the easement agreement was submitted with the Preliminary and is included in the attachments. The Preliminary Plan was reviewed by the Planning Board on December 16, 1991. At that time, the Planning Board recommended approval with a Class B private road and the conditions contained in the Resolution of Approval. RECOMMENDATION: The Administration recommends approval of the Preliminary Plan for Shenandoah Subdivision with a Class B private road based on the findings contained in Section IV- B -3 -d -1 of the Subdivision Regulations and subject to the conditions contained in the Resolution of approval. E RESOLUTION �4 _011 , ORANGE COUNTY BOARD OF COUNTY COAEIl HSSIONERS Date January 6. 1992 Name of Subdivision Shenandoah Owner /Applicant Richard H. Swank for Laura Rev Rosa B. Stone and Thomas F. Stone The Board of County Commissioners hereby approves Shenandoah subdivision preliminary' plat, dated September 10, 1991 and containing 6 lots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal 1. 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. Sabre Court shall be constructed to Class B private road standards within a 50 foot right -of -way. Sabre Court shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the travelway within the platted private road right -of -way shall also be certified. 1 5 C6T7 A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Sabre Court to Class B private road standards. An estimate of the construction and certification costs 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 certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. Submit an erosion control plan for construction of the road. 3. A Private Road Maintenance Agreement for Sabre Court shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 4. A provision that there be no further subdivision of any lot created by this subdivision 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. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 6. Lots 1 and 6 shall have access restricted to Sabre Court. All lots shall access onto the new subdivision roads. 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. 7. 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. C. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. 0) 6 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. D. Drainage 1. The floodway and floodway fringe of Phil's Creek and the tributary on the eastern boundary shall be noted on the face of the Final Plat. Development restrictions within the floodplain shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. (PW -II only) Impervious surface data, as pursuant to Article 6.25.4 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A stream buffer shall be provided as shown on the Preliminary Plat along Phil's Creek and its tributary. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland The applicant shall dedicate to Orange County a 10 -foot wide strip of recreation /open space to be shown on the Final Plat located within 30' of the center of Phil's Creek as shown on the Preliminary Plat. The approval of this resolution by the Board of Commissioners of Orange County authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally the parkland and pedestrian easements shown on the Final Plat(s). The acceptance by Orange County of the dedication of the parkland and pedestrian easements shall be :without maintenance responsibility. 2. A 10 -foot wide public dedication shall be made by non - warranty deed to Orange County for recreation /open space purposes within the conservation easement along Phil', s Creek. The dedication ' shall be located within 30 feet of the centerline of Phil's Creek, subject to approval by Orange County Recreation and Parks. It shall be labelled on the Final Plat with the total area of the dedication and "Property of Orange County for recreation /open space purposes". N F. 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. 2. The following natural and man -made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Phil's Creek; and b. Tributary to Phil's Creek on eastern boundary 3. The following easement shall be shown on the plat: a. 15 -foot pedestrian access easement along the northern boundary of lot 2 to connect lot 1 with the conservation easement. 4. A setback of 40 feet shall be maintained as measured from the edge of right- of-way of Sabre Court. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. There is also a setback for impervious surface 20 feet from the edge of -the stream buffer. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. On the Final Plat, include the Plat Book reference for "Shenandoah II", and label the control corner. 6. Pursue negotiations with Triangle Land Conservancy or other qualified public /private entity for dedication of the conservation easement as shown on the Preliminary Plan. Submit final copy of the easement agreement to Orange County for review. Such agreement shall include the following: a. If the easement is dedicated by the current owner, all residents of the subdivision shall be permitted to access the conservation easement consistent with the agreement granted to Triangle Land Conservancy. b. Orange County shall be designated, alternate Grantee in the event Triangle Land Conservancy ceases to. exist or no longer desires to hold the conservation easement, or is no longer qualified as Grantee. C. Include in the inventory of relevant features that the easement includes the Orange County public recreation space. 7. If a conservation easement is not granted to Triangle Land Conservancy or other qualified public /private entity, the area proposed as easement shall be included in the recreation dedication to Orange County. 4 8 8. Obtain final approval of the Conservation Easement Agreement and the Restrictive Covenants from the County Attorney. G. 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. 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. k, ____APPLICATION FOR PRELIMINARY PLAN.APPROVAL MAJOR SUBDIVISION _ 2/2 990 0 ORRNGE COUNTY DATE: PLEASE TYPE OR PRINT (INK ONLY). SUBDIVISION NAME: LOCATION: /Y e V J 1 l e )�J. , C A c D J f T w OWNER/D : L--(A W Y' a 1) PGi 1/0'6 ADDRESS: / D TELEPHONE NO.: Ccc-= QrC -1 5/G N) CWJ AGENT /CONTACT: J TELEPHONE NO.: 5� -J3 G I n r 58 -/6 � L A. SUMMARY INFORMATION: Orange County Tax Map Block Lot(s) Township Zoning District(s): ��✓U �^W� �1Ai Total Number of Acres: _ 2 3 Y- Phases: 1 Total Number of Lots: % Average Lot Si} e: x{'7,3 - Minimum Lot Size: 3 Number /Type of Structures: (existing) ti(I (proposed) Lineal Feet in Streets: in 1 , _ Acres in Open Space: Water Supply: IA) P 1L- _ ____ Public (specify) Community Individual Wastewater Disposal: P -r Public (specify) Community 1% Individual School District 1 1 ( - C at r r ! r Fire District: General Land Uses in Area: I cr r i Z -Fns •cl P.47 . Critical Areas: 1 , CrpLk stream /draa•nageweys Qh t1 3 C E flood prone areas 01JI 1-0 _� watershed (specify) historic sites other (explain) Is the property to be subdivided currently under °farm use value taxation "? Yes_ No . If "yes ", please contact the Orange County Tax Office. Subdivision of the property may require payment of deferred taxes under "farm use value taxation ". B. ALL plats must be submitted on sheet no smaller than one inch equals two - hundred feet (1" =200') and no larger Cr than one inch equals twenty feet 0"=20') and must contain the following information: r~ subdivision name '`` ?•y zoning of tract and adjacent properties � :.. vw� �w H Q .L3 44 U r 'O V 'd v m U L name & address of owner(s) name B address of subdivider (if other than owner) name of surveyor, engineer, Landscape architect or architect, address, registration N and seal (title) Preliminary Plan scale, north arrrow date (including revision dates) township, tax map- block -lot references Parent Parce4 Identification it deed book and page q of property to be subdivided V building setback lines by notation or typical lot Layout Location . and with of existing and proposed easements .(drainage, utilities, roads, etc.) existing, proposed and adjoining rights -of -way including dimensions and street names and state road numbers. Lineal feet of road centerlines and approximate acreage of new street rights -of -way existing and proposed utilities, including type, sizes, hydrants, valves, manholes existing and proposed curbs, gutters and culverts, including sizes and grades Location and width of alleys, sidewalks, bike lanes, transit systems, and bus stops (please complete reverse side) ry C1 ' U � O 4w 0 C4 N o ro U U 'UD v m U v, V --Z -• l _ :7" ._ T boundary described with bearings - typical street cross- sections and intersection `/ and distances r details including design and width of travelway and total acreage-"of - the tract arx( n shoulders < acreage of -lots;-inet i "ari�.''''" fi ^9 horizontal alignment and general curve data (public excluding area within rights -of -way ; roads) cantroh corner r r' proposed lot lines with dimensions Lot & block numbers / phasing lines t/ topography at ten foot (10) intervals w water bodies, streams, floodway and floodplains _ t stream buffers 4 location and size of parcels dedicated `- for public use, recreational use or reserved in common, with purpose noted is impervious surface data (if located in ~" water supply watershed) F,. vicinity map showing general location of subdivision with streets and roads identified by State road numberland name C. OTHER SUBMITTAL REQUIREMENTS w"i. Twenty -five (25) copies of the preliminary plat. centerline radius on all proposed streets permanent features such as buildings, cemeteries, historic landmarks adjoining lot layout names of adjoining property owners. If subdivided, subdivision plat name, plat book & page number, and perimeter lot numbers. Landscaping and buffer requirements township,•corporate and extra - territorial planning Jurisdiction lines which cross the property Location and size of lots of restricted development potential and notation on plat regarding same stormwater detention and /or retention sites and undisturbed areas for infiltration purposes (if Located in water supply watershed) 2. One full size copy of an Orange County Tax map (with tax parcels involved clearly marked in pencil). i . Where municipal or OWASA sewer is not available, a copy of the Preliminary Plat indicating Health Department 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- B -3-d -1 of the Orange County Subdivision Regulations). S. 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 pertaining to a homeowner's association. These documents may be required as necessary as evidence that the ordinance requirements are being met. I, the 'applicant, hereby certify that th oing application is complete and accurate. I understand that a $105.00 fee (subdivisions of 1 -5 Lots), 5210.00 ee ('subdivisions of 6- 9'•.tots); $315.00 fee (subdivisions of 10 -25 Lots) or a $420.00 fee (subdivisions of 26 lots or more) is due at the time of application. A $5.00 per lot fee is due at the time the final plat is presented for recordation. APPLI ANT'S SIGNATUR OWNER' i SIGNATURE DATE DATE FEES: 'Amount 3$D , 0o Date Paid 11 ( ^ ( Receipt N ;26 1 Co ;L 599 9965 12 AC r 11 y 3661 ' t 209 3.5 AC - - 3 AC } o Tae s �, • 1 8.003 AC 6 2.6 AC. (30 \ • p � G \ 2�9s 5 2 AC. X831 SNE)AAl DaA14 28 ZpjQ I&J : pp, PWIr /ULW 2! 3r2r 2 2` _ \ 7.94 AC. 2 SqC 2.6 •4149 APPLICQICIT: n I CK 5WAAl K .2901 a HARWA MAP �112 �Q \ �� '5CAL.E'. l"=400" 2 ,04AC. 28C 6E (41 NG S W A IAr 35 6970 �•+ - _.- A 14B .6841 54.6 AC. j r 37 / 0765 \` 5AC• 1 (R. 9419 14C 0494 �► I � 6.86 AC. - - 5 A C• za r I. CIO 14D 2.50AC I I I 3 AC 9t52- 2 8 1 1119 • 4103 as 14c I' MAP 112D Da - 2.50 AC• 4L-- 1e02 14F 9 (THE JOSEPH REAVES ESUT 14G 2.50 AC _ a I.Iaic •0679 j 3 IB 1590 • 9692 I 14H 141 I 5AC. t,510 1 AC 5 N•�A! 411I �OdN a' I ( 1 • LatluoR g /D). I I yiI s 14 - II I 97 58 — x. 19768 � . N 76 000 �n \ \ � ` � December 19, 1990 � To: Orange County Planning Board Sulject: Shenandoah-subdivision-Private Road I am asking the Planning Board and the County Wmmissioners for approval to build a Class B Private Road. This private road will serve the six lot subtivision. ` I beiieve a private road to serve this six l=I subdixisZ juctiTzed for the followirg reasons. ' 1. The rura1 character will be preseryed Ke-- nuse: � � H. Five of the lots will be more than 3 o:res, one ;ct will be 2 acres. Fresent rsgulatiznc `ould have allowed 4 or 5 two cars Ms. � E. Tha propertV iE 100% wooded with hart cwdE un' Thu wouded �Wha/actep will bw c`aikLai'�Z, HooOE not Le seen from Hevillv Road. C. The consOuVion of a C1ass 8 road wili subsWntIalli reduce the number oN traes that will �zve to be removed. 2. There will be s private road maintenance agreement jor all owners oftheqe lots. The road maintenance agreement will be recorded with t .deed. � 3. Restrictive Covenants prevent the cUttihn of trees " or larger . Lots within"��tba�k� L � cannot � - cann ��r�her � subdivided. 4. Reduction of impervious surface with a private road� This will reduce runoff in"o Phils Creek' * Also reduces the number ofIreeh that naed t.o be remo� i?d when building the privat; road. � 5. All bu1ljing sites are located several ho�drRd fee. fror,; stream and clustered along the proPoned 1-ivate road. Dick Swan� Dx�eluper, : 12 , ORANGE COUNTY PLANNING DEPARTMENT 13 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 4D] STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION SUBDIVISION: Shenandoah Subdivision - Preliminary Plan DATE: December 9, 1991 The standards contained.in the Subdivision Regulations pertaining to public and private roads are listed below as amended 10/16/90 (effective 12/3/90). The Planning Staff comment regarding each is provided in italics. Iv- B- 3- -d--1. Roads - Public roads are generally required in all subdivisions and will be required where it is found that: 1. The subdivision roads would be accepted by the State for maintenance if: a. They are built in a manner which satis- fies the minimum State design and construction criteria for subdivision roads; and (The applicant proposes to build Sabre Court to meet the County's private gravel road standards. This type of construction would result in less grading, less vegetation removal, and less impervious surface in the University Lake Watershed.) b. They would satisfy other requirements for addition to the State maintenance system, including, but not limited to, the general density standard of at least two occupied residences for each one - -tenth of a mile "of subdivision road; or (A cul de sac less than two - tenths of a mile in length must provide ingress and egress for at least 4 occupied residences. When four of the six proposed lots are developed, Sabre Court may be accepted by the State for maintenance if criteria (a) above is also met.) 2. The subdivision roads extend existing 14 roads which are public; or (Sabre Court does not extend an existing public road.) 3. The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or (The subdivision is not located in a designated Transition Area.) 4. A proposed road is designated as an arterial or collector on an approved Thoroughfare Plan for a municipality or in the orange County Comprehensive Plan; or (The proposed road is neither an arterial nor a collector.) 5. The subdivision roads are part of a non- residential development consisting of office, retail, industrial, and similar businesses, each located on a separate lot. This provision shall only apply to that portion of a subdivision being developed for non - residential purposes. (Not applicable.) However, private roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivi- sion with respect to other development and the Comprehensive Plan are such that a private road 'is justified. (The road is located in.the.RB/PWII/ULW zoning district where the minimum'residential lot size is 2 or 5 acres. Since it is in the Protected Watershed and on a major tributary to University Lake, impervious surface is limited and land disturbance should be mini- mized. In this rural area of the county, some other subdivision roads are unpaved [Hickory Grove, McLennan's Farm, Lloyd Subdivision, Hilary corner, etc.]) In determining whether to permit private roads in subdivisions, the following design features 15 will be considered: 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines significantly greater than required by ordinance provisions. Compliance with this standard is assured in University Lake Watershed where a subdivision is required to provide a minimum lot size of five acres. (Although a total of five 2 -acre lots could have been created, the applicant has proposed only one 2 -acre lot and five lots near five acres in size. Therefore, 4 of the 6 lots are more than twice as large as the minimum required. Restrictive covenants will prohibit further subdivision of the lots.) b. The retention and /or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads and /or maintain a wooded or forested character, maintain scenic views, or preserve wildlife, botanical, historic, archaeological and /or recreation sites. (The site is over 90% wooded. Restrictive covenants will protect trees within the setbacks. The units will be clustered near the new road and away from steep slopes and streams. Homes will not be seen from Neville Road.) 2. The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State stan- dards, the streets would not be accepted by the State for maintenance due to density or other State requirements; (Refer to first Staff evaluation comment.) 3. Recreation and /or open space areas, includ- ing lands containing significant botanical, wildlife, historic and /or archaeological sites, are to be dedicated and /or preserved 16 through restrictive covenants in amounts significantly greater than required by standards for recreation /open space dedication. (Recreation /open space dedication is required for greenways along the streams. The applicant has proposed a 20 -foot private recreation and creek access ease- ment. The orange county Recreation and Parks Director has recommended dedication of the minimum area, 13,068 square feet, for public recreation space. The exact location and amount of dedicated and /or preserved open space will not be determined until the Preliminary Plat is submitted.) 4. Significantly larger than required stream buffers and lot sizes, and /or other design features are proposed as part of a subdi- vision to be located in a Protected Water- shed as designated on the orange County Comprehensive Plan to reduce the amount of impervious surface and cause infiltration of storm water runoff to prevent the pollution of water supply reservoirs. (The stream buffer shown is as required by the Zoning Ordinance. 4 of the 6 lot sizes are more than twice as large as the minimum allowed. Homes will be clustered near the road to maximize infiltration of runoff.) 5. Topographic and environmental features, ..such as streams, steep slopes, or watersheds, that would be adversely affected by the use of roads constructed to State standards because of factors such as significant amounts of earthwork (cut and' fill) that would contribute to increased runoff of stormwater' and siltation. (Building the road to'State standards would increase grading and impervious surface as well as eliminate more trees.) EVALUATION SUXMARY: The subdivision is in a rural portion of the University Lake Protected Watershed. Lot sizes are larger than the minimum required. Restrictive covenants will protect existing trees and prohibit further subdivision. The homes will be clustered near the new road away from slopes and streams and will not be visible from Neville Road. other subdivisions in the area are served by private roads. The Planning Staff recommends that Sabre Court be approved as a Class B private road. V 14 517 12N DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is made this „ -,- - - - -- day of ____._._._._._y 1991, by ThomaE and Rosa Belle Stone, husband and wife and Laura Reaves (Grantors), in favor of Triangle Land Conservancy ra non profit North Carolina corporation as Qrantee). W I THE SSE.TH a WHEREAS, Grantors are the sole owners in fee simple of certain real property in Orange County, North Carolina, more particularly described in Exhibit A attached hereto and incorporated by this reference ( the Property) ; and WHEREAS, the Property possesses natural, educational. values of importance to Grantors, the people of Orange county and the people of the State of North Carolina; aid WHEREAS, the specific conservation values of the Property are documented in an inventory of relevant ferature% of the Property. Documentation consists of plat and other documentation that the parties agree provide, collectively, an accurate representation of the property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant; and WHEREAS, Grantors intend that the conservatiQn values of the Property be preserved and maintained by the continuation of land use patterns, including, without limitation, those existing at the time of this grant, that do not significantly impair or interfere with those values; and WHEREAS, Grantors further- intend, as owners of the Propert y, to convey to -Grantee the right-to preserve and protect the conservation values of the Property in perpetuity; and WHEREAS, Grantee is publicly supported, tax-exempt nonprofit organization, quali4ied c.u-sder Section 501 (c) (S) and 170(h) of the Internal _Revenue, [:cede, whose primary purpose is' the preservation of land in its natural condition; ,::end WHEREAS, Grantee anees try accepting this grant to Honor the intentions of Grantors stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benetiyfit of this generation and the generation, to come; and NOW, THEREFORE, in consideration of the above and the mutual covenants, terms;, conditions, and restrictions contained herein, and pursuaant to the l aaw% of North Carolina and in particular Orange County; Grantors hereby voluntarily grant and convey to Grantee a conservation easement in perpetuity over the Property of the nature and c;laaracter, and to the extent hereinafter net forth an "Conservation Easement". 1. Purpos*_ It i s t:he purpose of this Easement to assure that the Property wl l h be retained forever in its natural condition and to prevent any use of the Property t:.hat will significantly impair or interfere with the conservation �1 0 19 a.-v, j sn ea 4{ ues o the Property. Grantors intend that this Easement will conf i nay the use of the Property to such act.i vi ti ens., 1 scie -.,�'i tC 'te.ierc�. a+•d �- •a�crra+.a� ��ve� iapzar•.�ca� including, without limitation, these involving education as are consistent with the purpose of this Easement.. }. Rights of Grantee. To Accomplish the purpose of this Easement the following rights area conveyed to Grante-ne by thic> Easement: (a) 'ro preserve and pratect the conservation values of the Property; (b) To enter upon the Property at reasonabla? times in order to cnoni-tor Grantors' compl i ance•� with and otherwise enforce the termsi of this Easement:; provided that. such. entry shall be upon prior reasonable notice to Grantors, and Grantee shall not L11711easonablr- :interfere with Grantr�rs" use and quiet enjoyment of the Property; and (c) To prevent any activity on Or use of the Property that is inconsistent with the purpose of this Easement and to require the res-toration of such arras or feature —i, cJf the Property that n►ay be damaged by any i rrconsi stent activity or use, pursuant to paragraph b. :%. Prohibited Uses. Any activity can Or LASS of the Property inconsistent with the purpose of this F_.asement is prohibited. Without limiting the generality of * --he foregoing, the following activities and uses are e::pressly prohibited... (a) The legal or de facto s..tbdi vi si on of the Property for any purpose, except as may be required by law for- the MAN uses permitted in paragraph 3(c); (b) Any. commercial or industrial use of or activity on the Property (c) -rho placement or construction of any buildings, structures, or other imorowements of any kind including fences and roads; (d) Any alteration of the surface of the land, including, without 1001tation, the excavation or removal -J�' "�_ soil, sand, gravel, rock, ppat, ,or sod, except as may be required in the course of any activity permitted herein; J , ___ - -'-- -, (e) Any use or activity that causes or is likely to cause significant soil degradation or erosion or significant pollution of surface or ' subsurface waters; (f) The draining, filling, dredging, or liking of the wetland areas described in Exhibit A, including any ` enlargements thereof, or thecul+ivatiom l»r other disturbance of the soil within fifty (501 feet of the` read of Phil's Creek, whose location is indicated on Exhibit A; . � u� (h) The pruningV cutting down, or other destruction or removal of live troes men AORU MW agni � �r '^ '- except as necessary, in accordance with generally accepted forestry conservation practices, to control or prevent 0 10 d • Y ha ard, disease, or fire. 21 (i) Grantee will post signs on the Property to advc°� • U� -S��-P Perwuf�ed control unauthorized entry or use; and A. Reserved Rights. Grantors rpserve to themselves, and to their personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others two engage in all uses of the Pr oparty that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement.. 5. Arbitration. 1f a dispute arises: between the parties concerning the consistency of any proposed use or activity with the purpose of this Easement, and Grantors agree- not to proceed with the use or activity'pending resolution of the dispute, either par't'y may refer the dispute to arbitration by request made in writing upon the other. Within thirty ('U) days of the receipt of such a request., they parties shall select: a single arbitrator to hear the matter. H the parties are unable to agree on the selection of -a single arbitrator, then each party shall name oni arbitrator and the two arbitrators thus selected shall select 'a.third arbitrator; provided, however, if either party fails to select an arbitrator, or if the two arbitrators selected by the parties fail to select the third arbitrator 4ithin fourteen (la) days after the appointment of the second arbitrator, then in each such instance a proper court, on petition of a party. shall appoint the second or third F►,►a arbi tr-ator or both, as the case may bray in accordance with North Carolina arbitration statutes in effect. The matter shall be settled in accordance with the North Carolina arbitration statute or ot:heyr- appropriate body of rules than in effect, and a judgment can the arbitration award may be entered in any court having-jurisdiction thereof. 7'h F? prevailing party shall be entitled, in addition to such other relief as may be gr-antead, to -a reasonable sum as and for all Us costs and expenses related to such arbitration, including, wi t.hout: limitation, the fees and expenses of the- arbitrator(s) and attorney's fees, which shall be determined by the arbitrator(s) and any court: of competent jurisdiction that may be called Upon to enforce or review the award. u, Grante=e's Remedies. if Grantee determines that Grantors are in violation of the terms of this Easement or that as violation is thre stened, Grantee shall give written notice to Grantors of such violation and demand aorrecti ve action sufficient to cure the•? violation and, whe•-e the violation involves :injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore they portion of the Property so injured. If Grantors fail to acre the violation within thirty (.pis) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fail to begin curing such violation within the thirty (:.c_s) clay period, or fail to continuer diligently to cure such violation until finally 23 cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the germs=.; of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover- any damages to which it may be entitled for violation of the terms of this Easement or :injury to any conservation values protected by this Easement:, including damages For the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prier to any injury. Without 'limiting Grantors" liability therefor-, Grantee, in its stole discretion may apply any damages recovered to the coat of undertaking any corrective action can the Property. If Grantee, in its sole discretion, determines that ci.rcc.mstaannesa require immediate action to � prevent or mitigate significant damage to the conservation O values of the Property, Grantee may pursue its remedies under- this paragraph without prior notice to Grantors or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened v1plations caf the terms of this Easement, and Grantors agree that Grantee's remedies at law for any violation of the terms of this F E asement: are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, bath prohibitive and maandatory, in addition to such ocher relief to which Grantee may be entitled, including specific performance of the terms of this Easement., without the 24 necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's reymedi ec. described in this paragraph shell be cumulative= wand shall. be_ in addition to all, remedies now or horea•fter- existing at law or in equity. 6.1 Cost of Enforcement, Any casts incurred by Grantee in enforcing the terms of this Easement against Grantors., including, wi thou_t limitation, c;asts of suit and attorneys' fees, and any costs of restoration necessitated by Grantors' violation of the terms of this Eas moot. Ehal.l be borne by Grantors. If Grantors prevail in any action to enforce the terms of this Easement, Grantors' costs of suit, including, without limitation, attorneys' fees, shall be br rbe by Grantee. 6. 2 Grantee's Discretion. Enforcement of t nee terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantors shall not be deemed or construed to be a waiver by Grantee of such term or of any iubsE ?Cuogt brE= 'r.'.ch cif. the same or any other term of this Easement or of any of Grantee's rights under this Easement. No Ael. ay or omission by Grantee in the exercise of any right or remedy upon any breach by Granters shall impair such right or remedy or be construed as a waiver. 6.3 Wavier -of Certain Defenses. Grantors hereby, waive any defense of laches, estoppel, or prescription. 25 b. 4 Acts Beyond Grantor's' Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantors for any injury to or change in the Property resulting from causes beyond Grantors' conLrol, including, without limitation, fire!, flood, storm, and earth movement, or from any prudent action taken by Grantors under emergency conditions to prevent, abate:, .or mitigate? significant injury to the Property resulting from such causes. o� 7. Access. No right of access by the general public to any Portion of the Property is conveyed by this Casement. S. Cost and Liabilities. Grantors retain all �tJ��•�" responsibilities and shall bear all casts and liabilities of any kind related to the ownership, operation, upkeep , and maintenance of the Property, including the maintenance of adequate comprehensive general liability insurance coverage. Grantors shall keep the Property free of any liens arising out of any work performed Mr, materials furnished to, or- obligations incurred by Grantors. 8.1 Taxes. Grantors shall pay be•forb delinquency all taxes, assessments, fees, and charges of .whatever description levied can or assessed against the Property by competent authority. 8.2 Hold Harmless. Grantors shall hold harmless, indemnify, and defend Grantee and its meambers, directors, officers, Employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of 26 them (collectively called "Indemn:if:ied Parties ") from and against all liabilities, penal ti es, costs, losses, damages, expenses, causes of action, C.l a1 (1 s, demands, or judgments, including., without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any peryon, or physical damage to any property, resulting from any act, omi.sSIOn;, condition, or other matter - related to or occurring on or about the Property, regardless of cause, ,unless clue solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in Paragraphs 8 and 8.1; and (1) the existF nce .or administration of this Easement. 9. Extinguishment. If circumstances ariae in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court 'of competent jurisdiction and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to much termination or- extinguishment, shall be determined, unless otherwise provided by North Carolina law at the time, in accordance with paragraph 9.1. Grantee shall use all such proceeds in a manner consistent with the conservation pu pose % of this grant. 9.1 Proceeds. This Easement con stltutes .a real property "1 interest immediately vested in Grant.eSe:r', which, for the purposes of paragraph 9, the parties stipulate to have a fair market value determined by multiplying the fair marl• et value of the Property unencumbered by the Easement. (minun any i nc:rease i n value after the date of this grant attributable to improvements) by the ratio of the values of the Easement at the time of this grant to the value of the Property, without deduction for the value of they Easements at the time of this grant. The values at the time of this grant shall be those values used to calculate the deduction for federal income tax purposes ,allowable by reason of this grant, pursuaant. to Section 170(h) of the Internal. Revenue Code of 1954, as amended. For the purposes of this paragraph, t.ho ratio of the value of the Easement to the value of the Fr:aperty unencumbered by the Easement shall remain c.onstait. A,% 10n 10. Amendment. If circumstances arise undo- which an !" amendment to or mod i f fcati on of this Easement would be apprcapr'iate, Grantors and Grantee are free to _jointly amend this Easement; provided that no amendment shall ae allowed that will affect the qualification of t.h i l Eaasemant or the status of Grantee under any applicable laws; including North Carolina statute or Section 170(h) of the Internal Revenue Codes of 1954, as amended, and any amendment shall be consistent with the purpose oT this EFa5vment, and shall not affect its perpetual duration. Any such amendment shall be recorded in the official records of Orange County, North Carolina. 27 W:' 11. Assignment:. This Easvmvnt is transfearable, but Grantee may assign its rights and obligations wader this Easement_ only to an organization that its a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Codes of 1954„ as amended, and they applicable regulations promulgated thereunder, and authorized to acquire and hold conservation U a<sement.s wider North Carolina statute (Or any successor provision then applicable). an a condition of such transfer, Grantee shall rpqul re that the conservation Purp0seu that this grant:, is 0prr-ca P wp, intended to advance continue to be carri ed . out . 11.1 ENecutory Limitation. If Grantee :shall cease to exist or to be a qualified Organization under Seztion 170(h) of the Internal Revenul Code of 1954, as amended, or to be authorized to acquire and hold conservation eaasenent a under North Carolina statute, and a, prior- aBsi gnment ii not made pursuant to paragraph lo, then Grantee's rights and obligations under this Easement ment shall -become i mmod i at ol v � �Co vested in (designated c1-up grantee), If ( > ;) is no longer in existence at the time the right% and obligations under this Easement would otherwise vest in i t,. or if (x ) is not qualified or authori zet t o hold conservation easements as provided for an assignment pursuant to paragraph 10, or if it shall refuse such rights and c:bli.gat:i.ons, then the rights and obligations under this Casement shall vest in . such organization as a9 court of competent. jurisdiction shall direct pursuant to the applicable North Carolina law and with T �, due= regard to the requirements for an assignment pursuant to paragraph 10. 12. Subsequent Transfers. Grantors agree to incorporate the terms of this Easement in any deed or other legal instrument: by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest_. Grantors further agree to give written notice to Grantee of the transfer of any interest at least ten (10) days prior to the date of such transfer. The failure of Grantors to perform any act required by this paragraph shall not impair- the validity of this Easement or limit its enforceability in any way. 13. Estoppel. Certificates. Upon request by Grantors, Grantee shall within twenty (20) days execute and deliver to grant-.ors any document, including an estoppel certificate, which certifies Grantors' compliance with any obligation of Grantors contained in this Easement and otherwise evidence-is the status of this Easement as may be requested by Grantors. 14_ Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall. be :in. writing and either served personally or sent by first clasp; mail, postage prepaid, addressed as follows: To Grantors; 29 30 To Grantee: or to such other address as either party from time to time shall designate by written notice to the other. 15. Recordation. Grantee :hall record this instrument in timely fashion in the official records of Orange County, North Carolina and may re-record it at any time as may be required to preserve its rights in this Easement. 17. General Provisions. (a) Controlling Law. The interpretation and Performance of this Easement, shall be governed by the laws of the State of North Carolina. (b) Liberal Qnstruct.iun. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of North Carolina. If any, 'provi. si on in this instrument is found to be aambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. (c) Severaability. If any provision of this Easement, or the application thereof to any person or circumstance, is found 1_o be invalid, the remainder of the provisions of this Easement, or the application of such I .. - provision to person:; or C_1 r -cumst ances other than those- ass tO which it is found to be invalid, as the case may be, shall not be affected thereby. (d) Entire Agreement. Thi% 11-IS-Lrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior di- scuSsi ons, negotiations., understandings, or agreements relating to the Easement, all of which are merged herein. (e) No Forfeiture. Nothing contained herein will. result in a forfeiture or reversion of Grantor's title in any respect.. (f) ,Joint Obligation- The ob] igaations imposed by this Casement upon Grantors shall be _joint and several. (cl) Successors. ThF covenants., terms, conditions, and restrictions of this Easement shaall- be bindi:-19 upon, and inure to the benefit of, the parties hereto and their respective personal representative=, heirs, Successors, and assigns and shall continue as as servitude riAnn i ng in perpetuity with the property. (h) Termination of Fights anti Qbl i giat:.i ons. A party's rights and obligations under- this Easement terminate upon transfer- of the party's interest in ttie Easement or property, except that liability for- acts or omi ssi ons occurring prior to transfer shall =survive trans +:?r. (i) Captions. The captions in this - instrument have been inserted solely for convenience of reference and are not a part of this instrument: and shall have no effect upon 31 32 construction or interpretation. (.i) Counterparts. The parties, may execute this instrument_ in two or MOR counterparts, which shall, in the raggregate, be signed by both parties; each counterpart shall by deemed an original instrument as against any party who has signed it. In the event of any, dinparit.y between the counterparts produced, the recorded counterpart shall be controlling. The burdens of this Conservation Easement shall run with the Property and shall be enforceable against the Grantor- and all future parties who heave an interest i n the Property in perpetuity, TO HAVE A114D TO HOLD unto Grantee, its successors, and assi ons. forever.. This Conservation Easement togRther with all and singular the appurtenances and pri. vi 1 egeB belonging or in any way pertaining thereto. IN WITNESS WHEREOF Grant or-s have .eat their hands and seals and Grantee has caused this instrument try be executed in its corporate name by its duly authorized officers and its seal affixed by authority of its Board 0-Directors, all on the day and year first aabovo written. GRANTORS J 1 U V 33 The Planning Staff recommends approval of the Concept Plan for Red Wolf at Piney Mountain with a public road built to State standards. Gray asked if all the roads in Piney Mountain are constructed to State standards and Cameron responded yes. LOTION: Reid moved approval of the Concept Plan for Red Wolf at Piney Mountain as recommended by the Planning Staff. Seconded by Gray. VOTE: Unanimous. b. Preliminary Plan (1) Shenandoah Presentation by Emily Cameron. The property is located in Chapel Hill Township on the east side of Neville Road (SR 1945) on the north side of Phil's Creek. It is zoned Rural Buffer, Protected Watershed II, and University Lake Watershed. The tract is designated Rural Residential in the Joint Planning Area Land Use Plan. Adjacent land uses are residential. The total acreage of the tract is 28.38 acres. Six (6) new lots are proposed. one will be a 2- acre lot; the other five lots are approximately five acres each. This division complies with the current ULW standards which would have allowed a maximum density of five 2 -acre lots and three 5 +-- acre lots to be proposed. Individual wells and septic tanks are required. A new Class B private road is proposed. A copy of the applicant's private road justification and the Planning Staff's evaluation are included as attachments to these minutes on pages Factors used to justify-the-private road are: I. Larger lots than the minimum required; 2. Clustered units; 3. Restrictive covenants to provide tree protection and prohibit further subdivision; 4. Location in the University Lake Watershed where impervious surface is limited and land disturbance /vegetation removal should be minimized; and 5. Dedication of recreation /open space. M 01� ®rA U � U 34 Access to lots 1 and 6 will be restricted to the private road. Courtesy review comments from the Town of Carrboro Planning Staff included impervious surface calculations, protection for the stream buffer and floodplain, and driveway locations. Dedication of public recreation /open space is required since both Phil's Creek and its tributary on the eastern boundary of the subdivision are designated as greenways in the Joint Planning Area Land Use Plan. Such a dedication was included as a condition of approval on the Concept Plan. On the Preliminary Plat, the applicant has shown a 20 -foot "Private Recreation and Creek Access Easement" in addition to a perpetual conservation easement over the entire 100 -year floodplain dedicated to Triangle Land Conservancy. Neither of these indications can substitute for the required dedication of public recreation /open space. The Director of Recreation and Parks met with the applicant last May to discuss the recreation_ dedication. She recommended that a 10 -foot strip be dedicated for public access located entirely within the conservation easement along Phil's Creek, but not along the tributary on the eastern boundary. Changes to the language of the draft conservation easement agreement would be necessary to allow public access, improvements, and recreation activities within the 10 -foot wide strip. where possible, the dedicated area should be located within 30 feet of the centerline of Phil's Creek. This distance from the creek is necessary to insure that,.usable land will be dedicated. The 20 -foot wide strip shown as Private on the Preliminatyllan is not adequate, since some, if not all, of that width would be in the water in many places along the creek. The applicant has negotiated a perpetual conservation easement with Triangle Land Conservancy which includes the entire 100 -vear floodplain. A draft of the easement agreement was submitted with the Preliminary Plan. The Concept Plan was reviewed by the Planning Board on January 28, 1991. At that time, the D11 Pi I � � 35 Planning Board agreed that a private Class B road would be appropriate to serve the new lots in Shenandoah. The Planning Staff recommends approval of the Preliminary Plan for Shenandoah Subdivision with a Class B private road based on the findings contained in Section IV-- B -3 -d -1 of the Subdivision Regulations and subject to the conditions contained in the Resolution of Approval, a copy of which is an attachment to these minutes on pages . Gray expressed concern that this was the same plan that the applicant had presented previously and that the Recreation and Parks requirements have not been addressed. Cameron responded that the 20 -foot access easement was shown on the Concept Plan, but the conservation easement has been added. The applicants would prefer to have only the conservation easement, which would preserve the natural features, but be only for use of the residents. The conditions of approval in the Resolution of approval do however require that the dedication of thd°2-&-foot public access easement be made when the Final Plat is recorded. MOTION: Gray moved that the plan be tabled until further input is received from the Recreation and Parks Department in order that the Planning Board can make a good decision on the preliminary plan. Motion died for lack of second. Gray again expressed concern that he felt there is no real assurance that the applicant has any real intention of changing the plan to address the concerns of Recreation and Parks. Cameron responded that Ms. Moore had indicated to her that discussion is sti11 going on with the developer. He has been informed that he could present his concerns to�the Board of Commissioners. She stated again that the Resolution of Approval requires dedication of the public access before Final Plan approval. The developer has the option to present his concern to the Board of Commissioners. However, if the Board approves the preliminary plan with the Resolution of Approval as recommended, the final plat will not be approved and recorded unless that requirement is met. MOTION: Hamilton moved approval as recommended by the F1 36 Planning Staff. Seconded by Burklin. VOTE: 9 in favor. 1 opposed (Gray - preferred that the public access and dedication be shown on the preliminary plan),. AGENDA ITEM #9: MATTERS HEARD AT PUBLIC HEARING (11/25/91) a. Planned Development (1) Stonegate Mobile Home Park (Modification) Presentation by Eddie Kirk. Kirk distributed correspondence from citizens in support of the request by Ms. Bane. These letters are on file in the Planning Office in the original agenda file. Kirk reviewed the proposed modifications noting that the The proposed Planned Development modification was presented for public hearing on November 25, 1991• B. M. Sessoms, an attorney representing the applicant, and S. V. Credle, an engineer, spoke in favor of the request. There was no public opposition to the request-The application was referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 6, 1992 - and no later than February 3, 1992. The Zoning Officer has reviewed the application, the site plan and all supporting documentation and has found that the applicant does comply with the specific standards and required regulations concerning the modification. Provided the Planning Board and The Board Of County Commissioners find in the affirmative, the Zoning Officer recommends approval of the request. The Zoning Officer- does, however, recommend the attachment of the following conditions: I. All existing required conditions of the original special use permit are fully applicable. 2. All easement documents to provide access, construction, and maintenance of the proposed spray irrigation system must be executed and submitted. The applicant shall file with the Orange County Planning Department a copy of P_ a O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6 1992 Action Agenda Item # k/ F- -- SUBJECT: ZONING ORDINANCE TEXT AMENDMENT ARTICLE 6.27.3 LARGE DAY CARE HOME - APPLICATION PROCEDURE DEPARTMENT: PLANNING PUBLIC HEARING Yes —x —No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Extension 2582 Proposed Amendment 11/25/91 Public Hearing Minutes 12/16/91 Planning Board Minutes (Draft) TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a proposed amendment to the Zoning Ordinance to provide a process for administrative approval of minor changes in approved large day care homes. BACKGROUND: Under current ordinance provisions any change in the operation of a large day care home will constitute a modification and require approval of the Board of Adjustment. The proposed amendment would provide a process where minor changes in approved large day care homes may be approved by the Zoning Officer. The standards for evaluation of large day care homes are specified in Section 6.27.2 of the Zoning ordinance. In many cases minor changes may continue to comply with these specific standards. The proposed amendment would allow minor changes that comply with requirements in the Zoning Ordinance to be approved by the Zoning officer. All changes that do not comply with large day care home requirements will require approval of the Orange County Board of Adjustment. The proposed amendment was presented for public hearing on November 25, 1991. There were no comments -concerning the proposal. The Planning Board considered the proposed amendment on December 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.27.3 LARGE DAY CARE HOME - APPLICATION PROCEDURE ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle _x_ Low Comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 4901 M:` VT`Rk'! k)s, 0zi`.0NF. To provide a process where minor changes in approved large day care homes may be approved by the Zoning Officer. IMPACTS /ISSUES: Under current ordinance provisions any change in the operation of a large day care home will constitute a modification and require the approval of the Board of Adjustment. The proposed amendment would clarify when a change could,be approved by the Zoning Officer and when Board of Adjustment approval would be required. In many cases minor changes to approved large day care homes may comply with the standards for evaluation that are specified in Section 6.27.2 of the Zoning Ordinance. The proposed amendment would allow minor changes that comply with requirements in the Zoning Ordinance to be approved by the Zoning Officer. All changes that do not comply with large day care home requirements will require approval of the Orange County Board of Adjustment. EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT: 6.27.3 Large Day Care Home - ARplication,Procedure No large day care home may be operated in a residence except as permitted under this Ordinance and only after approval has been issued by the Zoning Officer. An application for a large day care home shall be filed with the Zoning Officer and shall be submitted on forms provided by the Zoning Officer. Such forms shall be prepared so that when completed a full and accurate description of the proposed use, including its 3 n. location, appearance, and operational characteristics are disclosed. In addition to the application, the applicant is required to submit a site plan of the property on which the large day care home is to be located. The site plan shall show the location of the residence in which the large day care home is to be located in relation to existing property lines and adjacent homes; the location, number, and means of access to required off - street parking areas; and the location and type of required landscaping and /or screening. Upon a determination that the application is complete, the Zoning officer shall cause a review of the application to be made. The review shall determine if the proposed large day care home conforms with all requirements of this Ordinance. Based on the review, the application will be approved, approved with conditions, or denied. I If conditions are attached to the approval, they may address deficiencies in meeting specific Ordinance requirements or they may address specific impacts which result from the operation of the large day care home. In the latter case, the conditions may include, but not be limited to, limitations on the hours of operation, �x location of play area, the number of vehicles to be S'r parked on the premises, and the location of a storage area or parking on the property. In addition, the Zoning Officer may require greater setbacks and /or additional landscaping or screening to adequately screen the large day care home from adjoining properties. If the application is approved, either with or without conditions, the Zoning Officer shall send the applicant a letter informing him of the approval and of the requirements of the Ordinance that apply to the large day care home. The letter must be signed by the applicant to indicate his /her willingness to operate the large day care home in conformance with the requirements and conditions set.foith in the letter. Each letter shall be kept on file by. -the Zoning Officer and shall constitute the approval -for the large day care home in question. If the application is denied, the Zoning Officer shall notify the applicant of the denial and shall state the reasons for denial in writing. The applicant may appeal the decision of the Zoning Officer to the Board of-Adjustment as set forth in Article 21 of this Ordinance. Each large day care home approved by the Zoning Officer shall be reviewed annually by him /her to assure compliance with the standards of evaluation for such facilities. The Z-oning Officer is authorized to a-ppxoved minor Chan es in the ayRroved large day dare home rovided the changes are in harmony with action of specified in Section 6.27.2 above. Any change in the operation of the large day care home that does not comply with the standards for evaluation as specified in'Section 6.27.2 above will constitute a modification and require the approval of the Board of Adjustment under the provisions of Article 8 of this ordinance. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1991 PLANNING BOARD REVIEW: December 16, 1991 BOCC REVIEW: 6 1 DRAFT . Tj M M C 1 they hope to use'a spray irrigation system which DEM has suggested. 2 He also mentioned that Mrs. Bain's children have operator licenses 3 and they will be qualified to operate this system. 4 5 In response to a question from Commisioner Gordon, it was 6 explained that a pump station with a force main would be used. The 7 sewage from the trailer park comes into a main location. It is 9 then pumped to the treatment plant which is located on the 19 acre 9 tract. 10 11 A motion. was made by Commissioner Insko, seconded by 12 Commissioner Halkiotis, to refer this item to the Planning Board 13 for recommendation to be returned to the Board of Commissioners 14 no sooner than January 6, 1992. 15 VOTE: UNANIMOUS 16 17 ZonjW Ordinance Text AsMULO 18 at Large Day_Care Homes 19 (1) Article 6.27.3 Application Procedure 20 This item was chaired by Planning Board Chair 21 Betty Eidenier and presented by Eddie Kirk. 22 23 THERE WERE NO QUESTIONS OR CGMMEKTS FROM TSB BOARD OF 24 COMMISSIONERS, PUMMNG BOARD OR CITIZENS. 25 26 A motion was made by Commissioner Halkictis, seconded by Moses 27 Carey, to refer this item the Planning Board for a recommendation 28 to be returned to the Board of Commissioners no sooner than January 29 6, 1992. 30 VOTE: UNANIMOUS 31 32 be Infrastructure Facilities 33 (1) Article 6.16.13 Telephone Exchanges, 34 Subscriber Loop Huts, Pressure Regulator 35 stations, and Watar /Sewer Pump Stations 36 This item was Chaired by Betty Eidenier and 37 presented by Mary Scearbo. 38 39 'IEa= HERE NO ONS OR COWMNTS FRDK- TEB BOARD OF COMMISSIONS, 40 PLAIQMG BOARD OR CITIZENS. 41 42 A motion was made by Commissioner Halkiotis, seconded by Chairman 43 Carey to refer this item to the Planning Board to be returned to 44 the Board of Commissioners no sooner than January 6, 1992. 45 46 47 as Utility and Drainage Easements 48 (1) Section III -C -3 Minor Subdivision 49 review /Approval Procedures 50 (2) Section IV -3-2 Land suitability 51 (3) Section V -C -5 Utility /Drainage Data 52 for Preliminary Plats 7 all executed easement documents prior to issuance of any building permit in the park. 3. Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet NC DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with NC DEM standards. 4. In order to ensure compliance with the 25,000 gpd (gallons per day) capacity of NC DEM permit number WQ0004370 issued to Ms. Dorothy C. Sane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall not exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. 5. A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. Hamilton noted that this area is very near to an area designated in the New Hope Creek Corridor Master Plan as open space for wildlife and asked if this had been considered by the applicants. The applicants responded that the distance from the spray field to Rhodes Creek is not known but it is greater than five hundred feet. There will be no obstructions and wildlife can pass over the spray field freely. MOTION: Jobsis moved approval of the modification of the Planned Development Stonegate Mobile Home Park. Seconded by Gray. VOTE: Unanimous. b. Zoning Ordinance Text Amendments (1) Article 6/16/12 Telephone Exchanges (Without business offices), Subscriber Loop Huts, Pressure Regulation Stations, Water and Sanitary Sewer Pumping Stations In all Zoning Districts (2) Article 6.27.3 - Large Day Care Homes (Application Procedures) C. Subdivision Regulations Text Amendments (1) Section III -B Classification, Section II - Definitions, and Section IV - Required Minimum Design Standards (10+ Acre Lots) (2) Section III -C -3 - Review and Approval Procedures.(Minor Subdivisions), Section IV -B -2 - Land Suitability, and Sections V -C -5 and V -D -5 - Utility & Drainage Area (Stormwater Management) (3) Section II - Definitions (Subdivision) and Section V -D -6 - Certificates and Endorsements to Appear on Final Plat (Statutory Mapping Requirements) (4) Section V -D -6 -c (3) Certificates or Approval (Environmental Health) No presentation was required on items 9b and 9c. MOTION: Jobsis moved approval for items 9b and 9c as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM #11: PLANNING BOARD ITEMS a. Township Advisory Council (TAC) Appointment Eidenier asked that the Planning Board consider the application of R. Beverly R. Webb for appointment to the Hillsborough Township Advisory Council. These appointments are usually considered at long -range planning meetings. The Board is being asked tc consider this one a month early because the Hillsborough /Orange County Cooperative Planning process wi9ll begin in January 1992. This applicant has a particularly strong background in Town /County planning matters and it is felt that he would be a real asset as TAC liaison on the Cooperative Planning Work Group which will begin its work in January. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6 1992 1 Action Agenda Item #� SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT ARTICLE 6.16.12 TELEPHONE EXCHANGES (WITHOUT BUSINESS OFFICES), SUBSCRIBER LOOP HUTS, PRESSURE REGULATOR STATIONS, WATER AND SANITARY SEWER PUMPING STATIONS IN ALL ZONING DISTRICTS DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S): INFORMATION CONTACT: Mary Scearbo Proposed Amendment Extension 2583 11/25/91 Public Hearing TELEPHONE NUMBERS: Minutes Hillsborough- 732 -8181 12/16/91 Planning Board Durham - 688 -7331 Minutes (Draft) Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider an amendment to the Zoning Ordinance to modify development standards for certain utility facilities. BACKGROUND: Article 4.1 of the Zoning Ordinance lists ten types of uses which are permitted by right in all zoning districts. Several of these uses are related to infrastructure facilities which are essential to the distribution of services. Because they are part of a larger infrastructure network, there may be limited choice for their location. Specific standards are applied to some of these facilities, including-.water and sewer pumping station, electric substations, and County greenbox sites. These standards relate to design, screening, lot size, and other provisions which assure compatibility with surrounding residential areas. The proposed amendment modifies development standards which apply to water and sewer pump stations, and telephone exchanges. 2 The proposed amendment was presented for public hearing on November 25, 1991. There were no comments. The Planning Board considered the proposed amendment on December 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. r� 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.16.12 TELEPHONE EXCHANGES (WITHOUT BUSINESS OFFICES), SUBSCRIBER LOOP HUTS, PRESSURE REGULATOR STATIONS, WATER AND SANITARY SEWER PUMPING STATIONS IN ALL ZONING DISTRICTS ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: x� High Middle Low comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 PURPOSE OF AMENDMENT: To consider an amendment to the Zoning Ordinance to modify development standards for certain utility facilities. IMPACTS /ISSUES: Article 4.1 of the Zoning Ordinance lists 10 types of uses which are permitted by right in all zoning districts. Several of these uses are related to infrastructure facilities which are essential to the distribution of services. Because they are part of a larger infrastructure network, there may be limited choice for their location. Specific standards are applied to some of these facilities, including water and sewer pumping station, electric substations, and County greenbox sites. These standards relate to design, screening, lot size, and other provisions which assure compatibility with surrounding residential areas. The minimum lot area for water and sewer pump station and electric substations is 5,000 square feet... In 1989, Article 6.16.14 was amended to allow this 5,0OO..square -foot area to exist as an easement or leasehold for electric substations without being subdivided. This same concept was applied to greenbox sites (although the minimum area is 40,000 square feet). The proposed amendment would extend this concept to water and sewer pump stations, as well as to some telephone- related facilities. The standards for these uses are found in Article 6.16.12. Currently, these uses may be allowed on lots as small as 5,000 square feet, but there is no provision to allow the lot to be created by lease or easement. It is also proposed that Article 6.16.12 be amended to allow structures for water and sewer pump stations to contain 800 square feet. The current limit is 200 square feet. The issue of size was raised upon review of a proposed pump 4 station for the Town of Hillsborough, which will contain about 750 square feet. Staff contact with the City of Raleigh Public Works Department and OWASA confirm that the 200 square -foot limit is unreasonably low. Pump stations may be above ground or underground, and can vary in size depending on the size and type of motors and other equipment. A limit of 800 square feet should accommodate any facilities which are likely to be proposed in orange County, while remaining compatible with residential areas. A final change concerns screening and buffers. Again, it is recommended that existing provisions which apply to electric substations be applied to pump stations. The provisions relating to substations do not require screening between two utility facilities which are side -by -side. Screening requirements must be met, however, where such facilities abut other types of uses. EXISTING PROVISIONS AND PROPOSED AMENDMENT: 4.1 Establishment of Use Regulations Except as otherwise provided herein, regulations governing the use of land and structures are hereby established as shown in the Schedule of Permitted Uses. Uses not expressly permitted are prohibited. Within all districts there are certain uses that are Permitted as a matter of right. The uses are: 1. Above ground and buried utility lines for local distribution of electricity, telephone, and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. 2. Bona fide farms. 3. Buildings and other temporary structures used in connection with the construction of a permanent building. 4. Neighborhood utility facilities located within a public right of way with the permission "of the owner of the right of way (State, City or town)'.- 5. Off- street parking as a required accessory use to a permitted use. G. Public and private streets and roads. Railroad rights- of-way. 7. Water and sanitary sewer lines, gas and liquid fuel distribution lines. 8. Telephone exchanges (without business offices), subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See 5 Article 6.16.12). 9. Electrical substations, switching and metering stations and associated transmission lines, where incoming voltage does not exceed 100 kilovolts (kv). (See Article 6.16.14). 10. Solid waste collection facilities owned and operated by a public agency for the purpose of disposal of household waste by Orange County residents. (See Article 6.16.15). Uses requiring special permits must meet certain conditions specified in this ordinance. Only after the existence of these specified conditions has been determined by the Board of Adjustment, or the Board of Commissioners, as appropriate, will a special permit be issued; otherwise such uses are prohibited uses. Regulations governing the use of land and structures within a Planned Development district are as established in Article 7. 6.16.12 Telephone Exchanges without business offices subscriber 10OR huts , Rressure-regMIator stations water and sanitary sewer pMMRinq stations in all zoning districts The following restrictions shall be applied to the above uses in all zoning districts: a) The design of structures shall conform as closely as possible to the character of the area in which it is located. b) Building or structures shall conform to the minimum building setback distances for the applicable zoning district and shall not exceed 206 B f square feet in area. C) All buildings and structures shall be landscaped and screened according to the standards that follow: 1. Buildings and structures_ which resemble residential accessory structures must be landscaped and maintained in the character of a residential area. 2. Any outside storage areas must be fenced with a minimum 5 foot fence and the area screened from adjacent property according to the standards in this section. 3. Lighting in and around these facilities shall be constructed and shielded so as not to shine directly on adjoining property used for or zoned for residential purposes. Electrical and telephone service to the structure shall be placed d) underground. Types of lighting to be considered shall include, but not be limited to, indoor lights when visible through windows, outdoor lighting, automobile headlights and signs. Devices to shield lighting may include shades, fences, shrubs, trees and natural conditions. 4. Parking areas and driveways used in connection with facilities constructed pursuant to this Section 6.16.12 shall either be surfaced or shall be located and maintained in a condition so that dust and dirt will not settle on adjoining properties as a result of their use. Driveway entrances shall be located in a manner that will create as few additional traffic hazards as possible. 5. Buildings, structures, equipment or material shall be screened by either a durable masonry wall, or a fence, or by natural planting, designed to be compatible with the character of adjoining properties, in order to materially screen the uses within the subject property from the view of adjacent nronprti pc _ s"'r.�t,:s5rr� .r� ,�k:��w4E <.::►. �, s:,3 +':z: ee }_.. .:. ea",,.. >' walls and sha.l...::be;<. »a ;• ::.,:... .::.::::: fences lsh } . :" t `.....I """'height, but need not be greater than 7 feet in height, measured from the ground along the common lot line of adjoining properties. Walls and fences shall be constructed and maintained in a safe and.sound condition. Where natural planting is used as screening, a strip of land at least 10 feet in width shall be reserved for this purpose. The planting strip shall be composed of an arrangement of shrubs and trees. The shrubs shall be evergreen and shall be arranged in 2 rows as minimum and planted at an initial height of at least 3 feet, with distance between shrubs being not more than 5 feet. The shrubs shall be of such variety that an average height of at least 6 feet could -be expected as normal growth within no more -.than 2 years from the time of planting. Trees, which may be eight evergreen or deciduous, shall augment the arrangement of shrubs so that there will be a screening effect of opacity to materially screen the use within the subject property from the view of adjacent properties. The minimum required lot area for such uses shall he 6.16.14 Electrical substations switching and meterin stations and associated transmission lines where incoming voltage does not exceed 100 kilovolts kv . The following restrictions shall be to applied to the above uses in all zoning districts: a) Perimeter fencing and setbacks for the utility structure shall be provided in accordance with the National Electrical Safety Code. b) The components of the facility, including but not limited to towers, transformers, circuit breakers, metering devices, and supporting latticework, shall be contained within a geometric area not to exceed 12,000 square feet. C) The facility shall, be located on a parcel or easement across the parcel, (whether owned or leased by the utility) which has been recorded with the Orange County Register of Deeds. d) Access easements extending from an approved public or private road to the facility shall be a minimum width of 30 feet. e) A Type E Landscape Buffer shall be provided along any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except where such property is owned, leased or consists of other utility easements currently used for electrical distribution or transmission purposes or no other purposes. Existing vegetation within an easement, leasehold or parcel of a public utility may be used to satisfy the landscaping requirements. f) Modification to or replacement of existing facilities shall be subject to the requirements set forth in Article 6.16.14. Pre - existing facilities may remain during construction of replacement facilities, but shall be dismantled after the replacement facility is in operation. g) The parcel or easement across the parcel, (whether owned or leased by the utility) on which the facility is located shall contain a minimum area of 5000 square feet. n 6.16.15 solid waste collection facilities owned and operated b + A Rublic ag-noy a -no for the RurROse of dis osal of ousehoid waste by orange County residents. The following restrictions shall be applied to the above use in all zoning districts: a) The site shall consist of a parcel, or easement across a parcel, (whether owned or leased by the Public agency) which has been recorded by the Orange County Register of Deeds. b) The parcel or easement across the parcel, (whether owned or leased by the public agency) on which the facility is located shall contain a minimum area of 40,000 square feet. C) The parcel or easement shall have frontage on a State- maintained road. d) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of the parcel or easement. e) Fencing at least 6' in height shall.be provided between the landscape buffer and the improved portion of the parcel or easement. f) An entrance sign shall identify site as a sanitation collection site, and shall identify the responsible public agency. The sign shall contain a maximum of nine (9) square feet and shall not exceed eight (8) feet in height. Instructional signs may be erected as needed within the facility. g) The entrance to the site shall contain a travelway a minimum of 30' in width. ORDINANCE REVIEW SUBCOMMITTEE: October 23, 1991 PLANNING BOARD REVIEW: BOCC REVIEW: DEC -11 -1991 15 :52 FROM ORANGE CTY COMMISSIONERS TO PLANNING P-09 0 DRAFT 1 they hops to use a spray irrigates s children ha eDoperator licenses 2 He also mentioned that Mrs. Bai 3 and they will be Qualified to operate this system. 4 S In response to a question from Commieioner Gordon, t was 6 explained that a pump station with a force main would be used. The 7 sewage from the trailer Park lent which is min ocated location. It is 19 acre s then pumped to the treatment p 9 tract. 10 Commissioner Insko, seconded by 11. A motion was made by Board 12 for ndation to be returns to the Board of commissioners 13 for a recommendation 14 no sooner than January 61 1992. 15 VOTE: UNANIMOUS 16 17 a' Large Day Care Homes l8 Application Procedure 19 (l) Article 6.27.3 App planning Board Chair 19 This item was chaired by 21 Betty Eidenier and presented by Eddie Kirk. 22 NO QUESTIONS OR COMMENTS FROM THE BOARD Or 23 THERE �9SRE 24 CoWaSSIaMS, pLMWMG BOARD OR CITIZENS. 25 26 A motion was made by Commissioner Halkictis, seconded by Moses 27 caret', to to the Board of commissioners no sooner recemendation ag to be returned 29 6, 1992. 30 VOTE: UNANIMOUS 31 32 b. Infrastructure racilities 33 (1) Article 6.16.12 Telephone Exchanges, 34 Subscriber Loop Huta, Pressure Regulator 35 Stations, and water /Sewer Pump Stations 36 This item was Chaired by Betty Eidenier and 37 presented by Mary Seearbo. 38 39 THERE WERE NO QUESTIONS OR COMMENTS PROM,T=,-BOARD OF COMMISSIONS, 40 PLANNING BOARD OR CITIZENS. 41 42 C motion was made by item toe the Planning Board to seconded be returned to 43 Carey to refer this 44 the Board of Commissioners no sooner than January 6, 1992. 45 46 4s 47 at Utility and Drainage Easementt s 48 (1) Section III -C -3 Minor Subdivision 49 review /Approval Procedures 50 (2) Section IV-D -2 Land suitability 51 (3) Section V -C-5 Utility /Drainage Data 52 for Preliminary Plats 10 all executed easement documents prior to issuance of any building permit in the park. 3. Easements around the proposed Sewage Treatment Lagoon and Spray Irrigation System shall be platted to meet NC DEM setback requirements. These easements shall act as setbacks and buffers to ensure continued compliance with NC DEM standards. 4. In order to ensure compliance with the 25,000 gpd (gallons per day) capacity of NC DEM permit number WQ0004370 issued to Ms. Dorothy C. Bane, Stonegate Mobile Home Park Wastewater Treatment and Spray Irrigation System, Orange County on May 31, 1991, the number of units permitted in the park shall not exceed 104 with a total number of bedrooms not to exceed 208. It is the intent of this provision to limit the number of units in the park to 104 or less to ensure that the total number of bedrooms shall riot exceed 208 in combination whether contained in 1, 2, or 3 bedroom units. 5. A final boundary survey, including all easements, of the amended Planned Development and improvements shall be recorded by the developer. Hamilton noted that this area is very near to an area designated in the New Hope Creek Corridor Master Plan as open space for wildlife and asked if this had been considered by the applicants. The applicants.responded that the distance from the spray field to Rhodes Creek is not known but it is greater than five hundred feet. There will be no obstructions and wildlife can pass over the spray. 'field freely. MOTION: Jobsis moved approval of the modification of the Planned Development Stonegate Mobile Home Park. Seconded by Gray. VOTE: Unanimous. b. Zoning'Ordiaance Text Amendments (1) Article 6 /16/12 Telephone Exchanges (Without business offices), Subscriber Loop Huts, Pressure Regulation Stations, Water and Sanitary Sewer Pumping Stations In all Zoning Districts (2) Article 6.27.3 - Large Day Care Homes (Application Procedures) 11 c. Subdivision Regulations Text Amendments (1) Section III -B Classification, Section II - Definitions, and Section IV - Required Minimum Design Standards (10+ Acre Lots) (2) Section III -C -3 - Review and Approval Procedures (Minor Subdivisions), Section IV -B -2 - Land Suitability, and Sections V -C -5 and V -D -S - Utility & Drainage Area (Stormwater Management) (3) Section II - Definitions (Subdivision) and Section V -D -6 - Certificates and Endorsements to Appear on Final Plat (Statutory Mapping Requirements) (4) Section V -D -6 -c (3) Certificates or Approval (Environmental Health) No presentation was required on items 9b and 9c. MOTION: Jobsis moved approval for items 9b and 9c as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM #11: PLANNING BOARD ITEMS a. Township Advisory Council (TAC) Appointment Eidenier asked that the Planning Board consider the application of R. Beverly R. Webb for appointment to the Hillsborough Township Advisory Council. These appointments are usually considered at long -range planning meetings. The Board is being asked to consider this one a month early because the Hillsborough /Orange County Cooperative Planning process wi9ll begin in January 1992. This applicant has a particularly strong background in Town /County planning matters and it is felt that he would be a real asset as TAC liaison on the Cooperative Planning Work Group which will begin its work in January. 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 Action Agenda Item #—A—=_& SUBJECT: PROPOSED SUBDIVISION REGULATIONS AMENDMENT SECTION III -C -3 - REVIEW AND APPROVAL PROCEDURES (Minor Subdivisions) SECTION IV --B -2 - LAND SUITABILITY SECTION V -C -5 - UTILITY AND DRAINAGE DATA (on Preliminary Plats) SECTION V -D -5 -c - UTILITY AND DRAINAGE DATA (on Final Plats) DEPARTMENT: PLANNING PUBLIC HEARING Yes _x —No ATTACHMENT(S): INFORMATION CONTACT: Mary Scearbo Proposed Amendment Extension 2583 11/25/91 Public Hearing Minutes TELEPHONE NUMBERS: 12/16/91 Planning Board Hillsborough - 732 -8181 Minutes (Draft) Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider an amendment to the Subdivision Regulations which would incorporate specific provisions for requiring drainage easements. BACKGROUND: All subdivisions are reviewed by the Erosion Control Division to determine if the drainage characteristics are such that each lot is suitable for development. Drainage easements are routinely recommended along streams, swales, or other channels if needed to assure that development of a lot will be safe and protected from damage caused by stormwater run -off. There are currently no provisions in the Subdivision Regulations which refer spedfically to drainage easements as a means of rendering a lot suitable for development in the event that reservation of drainage easements are recommended by the Erosion Control Division. The proposed amendments add text which specifies and clarifies this existing and historical practice used by the Planning Department to meet site suitability requirements with respect to drainage. The proposed amendment was presented for public hearing on November 25, 1991. There were no comments other than general discussion and clarification. N The Planning Board considered the proposed amendment on December 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. 3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION III -C -3 - REVIEW AND APPROVAL PROCEDURES (Minor Subdivisions) SECTION IV -B -2 - LAND SUITABILITY SECTION V -C -5 - UTILITY AND DRAINAGE DATA (on Preliminary Plats) SECTION V -D -5 -c - UTILITY AND DRAINAGE DATA (on Final Plats) ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public Other: County Attorney STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 PURPOSE OF AMENDMENT: To incorporate specific provisions for requiring drainage easements. IMPACTS /ISSUES: All subdivisions are reviewed by the Erosion Control Division to determine if the drainage characteristics are such that each lot is suitable for development. Drainage easements are routinely recommended along streams, swales, or other channels if needed to assure that development of a lot will be safe and protected from damage caused by stormwater run-off. There are currently no provisions in the Subdivision Regulations which refer specifically to drainage easements as a means of rendering a lot suitable for development in the event that reservation of drainage easements are recommended by the Erosion Control Division. The proposed.amendments add text which specifies and clarifies this existing and historical practice used by the Planning Department to meet site suitability requirements with respect to drainage. EXISTING AND PROPOSED ORDINANCE PROVISIONS: III -C -3. Review and Aunroval Procedures Upon acceptance of a minor subdivision application, the Planning Department shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. Auxiliary documents as required by Section 4 III --C -2 above shall be submitted by the Planning Department to the County Attorney for his /her review and recommendation. After receivincr a connoilete Final Plat the Planning Department may submit copies of the Final Plat and- accompanying material to the officials and agencies listed in Section III -D -2 -b for their review and comment. The officers or a encies to which the-plan is submitted shall rovide a certification to the Planning Department as to the suitabilit rovisional suitabil.ity, or unsuitability of the Proposal. Recommendations of the review officers or a encies may be incor orated as conditions of apgLgyal of the subdivision. The Planning Department shall take action on an application solely on its findings as to compliance with applicable regulations and conditions and shall: (a) Approve the application; (b) Approve the application subject to conditions; or (c) Deny the application. The Planning Department shall notify the applicant of its action, including any conditions attached thereto, within forty -five (45) days following acceptance of the application, or within such further time consented to by written notice from the applicant. If the Planning Department fails to render a decision within the specified time period, or extensions thereof, the application is approved as submitted. SECTION IV. REQUIRED MINIMUM DESIGN STANDARDS IV -A. The avoidance of, congestion and overcrowding and the creation of conditions essential to public health, safety and the general welfare may be best accomplished through the application of design standards providing for the distribution of population and traffic, safe and coordinated street systems, approved water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as recommended by the Planning 8oard'4nd adopted by the Board.of Commissioners. IV -B. The following general requirements and principles of land subdivision shall be observed: IV -B -1. LOT STANDARDS (minimum lot size requirements) IV -B -2. LAND SUITABILITY In reviewing subdivision proposals, the Planning Board shall consider the overall design of the proposal in 5 light of the suitability of the land for development to insure that the platting and development of the subdivision will not create a danger to the health, safety, and welfare of Orange County residents. Land suitability shall be determined by an investigation of conditions including but not limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites, and unique natural areas. The investigations shall be carried out by the Planning Board, the Planning Department, or other agencies, or individuals having the appropriate technical expertise, including those listed in Section III- D -2 -b. IV -B -2 -a Flood -Prone Areas IV- 8-2 -b. Suitability for Septic Dis osal IV- B -2 -c. Drainage Soil suitability, including slope and drainage, shall also be evaluated according to soil characteristics indicated by the Orange County Soil Survey and topography indicated by the U.S. Geological Topographic Maps. Each lot shall contain a suitable buildina area safe from innundation and erosion. Sanitary sewer systems, . . . n . . . - I - - - - - -I , - - - -3 innundation by surface water. Roads driveways and utilities shall be 2rotected from damage caused by im ro er stormwater management. Mechanical devices drainage easements natural buffers large lots and/or othe g technical means may be used to achieve these objectives. Natural drains ewa s are a preferred means of•stormwater run- off removal. The characteristics (including capacity)- of natural drains ewa s shall be protected. Runoff levels from the 25-year storm after the site is developed shall not be greater than the rate of runoff on the same site in its natural state. V -C -5. utility and Drainage Data Proposed utility systems shall be shown on the plat, including but not limited to, public or private community water supply systems, public or private C= community sewage disposal systems, and storm drainage facilities including existing and ro osed drain a ewa s and channels. Any easements associated with such utility systems shall also be denoted and the purpose for the easements designated on the plat. V- D -5 -c. Utility and Drainage Data Construction plans shall be submitted to proper authorities, as required, to document any new public or private community water supply system, public or private community sewage disposal system, and storm drainage facilities. Written approval and a set of approved construction plans shall be submitted to the Planning Department prior to approval of the Final Plat. The location and purpose of all new easements for utility systems shall be shown on the Final Plat, including, but not limited to, sanitary sewers, septic tanks and nitrification fields, storm sewer lines, water mains, gas, transmission mains and overhead electric, telephone and CATV transmission mains, and any other above or below ground utility systems which are contained within a designated easement. The location and purRose of storm drainage easements shall also be shown including those alona an existincr and or ro osed draina a swale or channel. It is understood that utility distribution systems to individual lots for gas, electric, telephone, and TV cable service are customarily covered by "blanket easements" or "general easements ". If these easements have been recorded, the recording data shall be shown on the plat. Otherwise, these easements need not be denoted on the plat. Iii- D -2 -b. Planning Department Review Procedures Upon acceptance of a preliminary plat application, the Planning Department shall determine- if-the plat and application conform with all applicable regulations, including any applicable conditions-.of an approved Special Use Permit. Auxiliary documents as required by Section III- D -2--a above shall be submitted by the Planning Department to the County Attorney for his /her review and recommendation. After having received a complete Preliminary Plat application from the subdivider, the Planning Department shall submit copies of the Preliminary Plat and any accompanying material to other officials and agencies for review and comment. Officers and agencies to which the Preliminary Plat shall be submitted include, but are not limited to, the fN following: (1) The District Engineer of the N.C. Department of Transportation as to proposed public streets, highways and drainage systems; (2) The Orange County Health Department as to proposed on -site water supply and sewage disposal systems; (3) The Board of Education of the appropriate school district as to the reservation of proposed school sites and the impact of the proposed subdivision on school enrollment capacities; (4) The Orange County Erosion Control Officer as to the erosion control and stormwater management plan; (5) The Orange County Recreation and Parks Advisory Council as to the location, suitability and facilities proposed for required recreation areas; (6) The Planning Department and /or Planning Board of the appropriate municipality where a courtesy review procedure has been established by agreement between the County and the municipality; (7) The appropriate utility provider where public or community water and /or sanitary sewerage systems are proposed to serve the subdivision; (8) The Orange Soil and Water Conservation District as to a general soils description and interpretation; and (9) The County Attorney as to the format and appropriateness of proposed restrictive covenants, homeowners association agreements, road maintenance agreements, performance bonds and other similar documents: The officers and agencies designated above shall review the Preliminary Plat and shall provide a certification to the Planning Department on the basis of the suitability, provisional suitability or unsuitability of the proposal. Where it is determined that alternative measures are required in order for the proposal to be classified as "suitable ", a certification of "provisionally suitable" shall be provided. If agency approval is withheld on this basis, the agency shall identify the reasons for such classification and recommend measures through which the proposal may be made suitable. The Planning Board may recommend, and the Board of 8 Commissioners may approve, such measures as conditions of approval of the Preliminary Plat; provided, however, the recommending agency shall have the authority to enforce such measures. Where no alternatives are available to address the concerns of the agency or officer, a classification of "unsuitable" shall be provided. The agency or officer shall provide a list of the reasons which resulted in such designation. Upon receipt of the comments and recommendations from review officers and agencies, the Planning Department shall submit.to the Planning Board a written analysis of the application and its recommendation. The report shall be prepared and submitted to the Planning Board within eighty --five (85) days of the date of acceptance of the application or within such further time consented to in writing by the applicant. If the Planning Department fails to prepare a report to the Planning Board within the specified time limit, or extensions thereof, the application is recommended without conditions. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1991 PLANNING BOARD REVIEW: BOCC REVIEW: DEC -11 -1991 '15:52 FROM ORANGE CTY COMMISSIONERS TO PLANNING P.09 E DRAFT 1 they hope use irrigation which 2 He also men tio ned that spray ain g c ildrenha a operator licenses 3 and they will be qualified to operate this system. 4 was 5 In response to a question from Conm�isioner Gordon, t The 6 explained that a pump station with a force main would be used. 7 sewage from the he t= atmentkplant which is located on location. the 19 acre e then pumped 9 tract. 11 commissioner Insko, seconded by it A motion was made by planning Board 12 for as recommendationito be return d ito theme Boa d of commisioners 13 for 14 no sooner than January 61 1992. 15 VOTE: UNANIMOUS 16 17 �s 18 as Large Day Care Homes 19 (1) Article 6.27.3 Application Procedure 20 This item was chaired by Planning Board Chair 21 Betty Eidenier and presented by Eddie Kirk. 22 23 THERE W= ND Q=TIONS OR CGMNENTS FROM! THE BOARD Og 24 COMMSSIONER.S, PSG BOARD OR CITIZENS. 25 26 A motion was made by Commissioner Halkictis, seconded by Moses 27 Carey, to refer this item the Planning Board for a recommendation 28 to be returned to the Board of commissioners no sooner than January 29 6, 1992. 30 VOTE: UNANIMOUS 31 32 b• Infrastructure Facilities 33 (1) Article 6.16.12 Telephone Exchanges, 34 Subscriber Loop Huts, Pressure Regulator 35 Stations, and water /Sewer Pump Stations 36 This item was Chaired by Betty Eidenier and 37 presented by Mary Scearbo. 36 39 THERE W= No QUESTIONS OR COMMENTS FROWTHE BOARD OF COMMSSIONS, 40 PLANNING BOARD OR CITIZENS. 41 42 A motion was made by Commissioner Halkiotis, seconded by Chairman 43 Carey to refer this item to the Planning Board to be returned to 44 the Board of Commissioners no sooner than January 6, 1992. 45 46 &A. subdivision Ordinance Text A=ndmentz 47 at Utility and Drainage Easements 48 (1) Section III -C -3 Minor Subdivision 49 review /Approval Procedures 50 (2) Section IV -B -2 Land suitability 51 (3) Section V -C-5 Utility /Drainage Data 52 for Preliminary Plats DRAFT 10 1 (4) Section V -D -5 -c Utility /Drainage Data 2 for final Plats 3 This item was chaired by Betty Eidenier 4 and presented by Mary Scearbo. 5 6 T'FIERS WERE No QUBSTIONS. OR CORKENTS FROM THE BOARD OF 7 C0XXIBSI0NERS, T88 PIAXNXNG SOLUD OR CITIZENS. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner 10 Insko, to refer this item to the Planning Board for a 11 recommendation to be returned to the Board of commissioners no 12 sooner than January 6, 1992. 13 VOTE.,. UNANIMOUS 14 15 b. Standards for 10+ Acre Lots 16 (1) Section 222-8 Classification of 17 Subdivisions 1$ (2) Section II Definition of Minor Subdivision 19 (3) Section IV Required Minimum Design 20 Standards 21 EIDENIER AND MARY SCEARBO 22 23 THERE N ERE NO QUESTIONS OR COMKENTS FROM THE HOARD OF 24 COWaSSIOWERS, THE PUUDWG BOARD OR CITIZENS 25 26 A motion was made by Commissioner Insko, seconded by 27 Commissioner Halkiotis, to refer this item to the Planning Board 28 to be returned to the Board of commissioners no sooner than January 29 6, 1992. 30 VOTE: UNANIMOUS 31 32 C. Environmental Health Endorsement 33 (1) Section V -D -6 Certificates of 34 Endorsement /Final Plat 35 This item was Chaired by Betty Eidenier 36 and presented by Mary Scearbo. 37 38 THERE WERE NO QUESTIONS OR COMMEN'T'S FROM THE HOARD OF 39 COMMISSIONERS? PING BOARD OR CITIZENS. 40 41 A motion Was made by Commissioner Gordon, seconded by Chairman 42 Carey, to refer this item to the Planning Board for a 43 recommendation to be returned to the .Board of commissioners no 44 sooner than January 5, 1992. 45 VOTE: UNANIMOUS 46 47 d. Mapping Requirements of G.S. 47 -30 48 (1) Section V -D Final Plat 49 (2) Section II Definition of Subdivision 50 (3) 'Section V -D -6 Certificates of 51 Endorsement /Final. Plat 52 This item was Chaired by Betty Eidenier and 11 c. Subdivision Regulations Text Amendments (1) Section III -B Classification, Section II - Definitions, and Section IV - Required Minimum Design Standards (10+ Acre Lots) (2) Section III -C -3 - Review and Approval Procedures (Minor Subdivisions), Section IV -B -2 - Land Suitability,_ and Sections V -C -5 and V -D -5 - Utility & Drainage Area (Stormwater Management) (3) Section II - Definitions (Subdivision) and Section V -D -6 - Certificates and Endorsements to Appear on Final Plat (Statutory Mapping Requirements) (4) Section V -D -6 -c (3) Certificates or Approval (Environmental Health) No presentation was required on items 9b and 9c. MOTION: Jobsis moved approval for items 9b and 9c as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM #11: PLANNING BOARD ITEMS a. Township Advisory Council (TAC) Appointment Eidenier asked that the Planning Board consider the application of R. Beverly R. Webb for appointment to the Hillsborough Township Advisory Council. These appointments are usually considered at long -range planning meetings. The Board is being asked to consider this one a month early because the Hillsborough /Orange County Cooperative Planning process wi911 begin in January 1992. This applicant has a particularly strong background in Town /County planning matters and it is felt that he would be a =eat asset as TAC liaison on the Cooperative Planning Work Group which will begin its work in January. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 Action Agenda Item # VLM- SUBJECT: PROPOSED SUBDIVISION REGULATIONS AMENDMENT SECTION V -D - FINAL PLAT SECTION II - DEFINITIONS (SUBDIVISION) SECTION V--D -6 - CERTIFICATES AND ENDORSEMENTS TO APPEAR ON FINAL PLAT DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S): INFORMATION CONTACT: Mary Scearbo Extension 2583 Proposed Amendment Amendment to GS 47 -30 TELEPHONE NUMBERS: 11/25/91 Public Hearing Minutes Hillsborough- 732 -8181 12/16/91 Planning Board Minutes Durham - 688 -7331 (Draft) Mebane - 227 -2031 Chapel Hill -967 -9251 PURPOSE: To consider a proposed amendment to the Subdivision Regulations which would incorporate changes in Final Plat mapping and recordation provisions, as required by a recently ratified amendment to G.S. 47 -30 (Plats and Subdivisions; Mapping Requirements). BACKGROUND: An amendment to G.S. 47 -30 (Plats and Subdivisions; Mapping Requirements) was ratified by the General Assembly on June 12, 1991. The changes went into effect on October 1, 1991. The statute pertains largely to the recording of plats in the Office of the Register of Deeds. There are also some provisions within the Subdivision Regulations which relate to this legislation. The proposed amendment provides consistency with G.S. 47- 30'as,.amended. The revisions address the size. of plats, the materials on which plats may be drawn, survey information, certifications and attachments to deeds or other instruments. The Northwestern Triangle Chapter of the North Carolina Society of Surveyors submitted a letter (attached) into the public record, and generally spoke in favor of the proposed amendment. There were two concerns expressed. First, it was suggested that additional clarifying language be included to the revised definition of 2 "subdivision ". Second, opposition to the proposed requirement that the surveyor certify that the plat creates a subdivision in orange County's planning jurisdiction was expressed. It was suggested that the requirements of the legislation could be met by the certifying only that the property was located in "an area subject to zoning regulations ". The concerns expressed by the Society of Surveyors were reviewed by the Planning Staff and the County Attorney. The language recommended by the Society of Surveyors was found to be consistent with the General Statutes. The proposed amendment has been revised to make reference to the General Statutes, without duplicating the specific provisions. This approach should satisfy all concerns expressed by the Society of Surveyors, while maintaining consistency with the Statutes. However, there is some concern with the wisdom of G.S. 47-- 30 due to potential for abuse. It would be possible for a surveyor to consistently certify that he /she is unable to make a determination as to whether or not the survey is in an area governed by subdivision regulations, whether it is a survey or an existing parcel, or whether it falls under one of the exceptions-to the definition of subdivision. Over- reliance on the "I know nothing" surveyor certificate would be counter to the desired effect of the legislation. If use of this certificate occurs unnecessarily, then Planning Staff may bring the abuse to the attention of the Board of Commissioners, and recommend that the County require more stringent certification, or request that the Society of Surveyors take a formal position that G.S. 47- 30 as amended is flawed, and should be revised. If all surveyors apply the provision of G.S. 47 -30 in good faith, then there should be no problem. The Planning Board considered the proposed amendment, as revised to address concerns of the Society of Surveyors, on December 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment as revised as follows to incorporate comments of the Society of Surveyors, per the Planning Board recommendation. Definitions:- Subdivision V -D -6 - Certificates and Endorsements to appear on Final Plats A PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION SECTION SECTION APPEAR ORIGIN OF AMENDMENT: V -D - FINAL PLAT II - DEFINITIONS (SUBDIVISION) V-D -6 - CERTIFICATES AND ENDORSEMENTS TO JN'FINAL PLAT Staff Planning Board BOCC Public x Other: STAFF PRIORITY RECOMMENDATION: x_High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 PURPOSE OF AMENDMENT: To incorporate changes in Final Plat mapping and recordation provisions, as required by a recently ratified amendment to G.S. 47 -30 (Plats and Subdivisions; Mapping Requirements). IMPACTS /ISSUES: An amendment to G.S. 47 -30 (Plats and Subdivisions; Mapping Requirements) was ratified by the General Assembly on June 12, 1991. The changes will go into effect on October 1, 1991.. The statute pertains largely to the recording of plats in the Office of the Register of Deeds. There are also some provisions within the Subdivision Regulations which relate to this legislation. The proposed amendment provides consistency with G.S. 47 -30 as amended. A copy of G.S. 47 -30 is attached. The revisions address the size of plats, the materials on which plats "may be drawn, survey information, certifications and attachment,9.,.to deeds or other instruments. Three sections of the Subdivision Regulations need to be revised to address these changes. Section V -D - Final Plat Section V -D Final Plat specifies plat sizes, drawing medium, plat material,, scale and margins. The current standards reflect the earlier version of G.S. 47 -30. It is recommended that most of this Section be deleted altogether. There is a 5 reference to G.S. 47 -30. Specific technical requirements for drawing plats need not be repeated. Also, the current provisions allow a plat to be prepared by a registered land surveyor or engineer. It is proposed that the reference to engineers be deleted. Only land surveyors may prepare surveys and Final Plats. The reference to engineers is out - dated. Definition - subdivision G.S. 47 -30 requires that one of five surveyor certifications be placed on all plats including exempt plats. A reference to the certificate requirement in G.S. 47 -30 is proposed as part of the definition of subdivision. V -D -6 - Certificates and Endorsements to appear on Final Plat An additional survey or certification would state that a subdivision is being created, and that he land is within the jurisdiction of Orange County Subdivision Regulations. This is one of the five possible certifications required by G.S. 47 -30. An earlier draft of the proposed amendment was presented to representatives of the N.C. Society of Surveyors, the Register of Deeds, and the County Attorney. Several revisions were made based on the input received from that meeting. EXISTING AND PROPOSED ORDINANCE PROVISIONS: V -D. Final Plat The Final Plat shall be drawn in accordance with the requirements of G.S. 47 -30 as amended and to the specifications of this Section. The plat shall be prepared by a registered land surveyor at a scale of not less than one hundred (100) feet to the inch nor more than twenty (20) feet to the inch. . ting All Final Plats be ink sliall eaLaefully'draifn with India blaele drawing er equally permanent and All suitable medlu have -FIR-al -Plats shall net mere than twenty an. - vsrCsldde —marginal size e-f- I.n.e-h-e-s by thirty -sim (36) (I +j2) inehes for bindinel the left e re -bra, f / 2 i beraers- en marejIn and ( ) eh Where land on eae�fthe ether —sides. of areas, legibility er se-it-gle-le seale te assure be require, plate may plaeed en twe (2) er- sheets are kee DEFINITIONS F SUBDIVISION - "Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) and includes all division of land involving the dedication of a new street or a change in existing streets, provided, however, the following are not included within the definition and are not subject to any regulations pursuant to this part. (1) The combination or recombination of portions of previously subdivided and recorded lots if the total number of lots is not increased and the resultant lots are equal to or exceed the standards of the County as shown in its Subdivision Regulations. Resultant lots, as referred to herein shall be deemed to equal standards of the Orange County Subdivision Regulations if the following standards are met: a. No conforming lot standard becomes non- conforming as a result of the recombination; and b. Any applicable impervious surface standards are met; and c. Access is provided to a public road, either direct, or by recorded easement, and d. A site suitable for sewage disposal is approved by the Orange County Health Department. Where soil is unsuitable for sewage disposal% or soil suitability is undetermined, a notice of restricted development potential- shall be submitted and the lot(s) in question shall be so noted on the plat.: (2) The division of land into parcels greater than 10 acres if no street right --of -way dedication is involved. (3) The public acquisition by purchase of strips of land for widening or opening streets. (4) The division of a tract in single ownership of 7 the entire area of which is no greater than two acres into not more than three lots, if no street right -of- way dedication is involved and if the resultant lots are equal to or exceed the standards of the County as shown by its subdivision regulations. V -D -6. Certificates and Endorsements to aRRear on Final Plat V- D -6 -a. Certif icatek of Survey and Accuracv'< > `.` th<5tj'e ::. ::..v,...., ..... ...........- ................... The Final Plat shall be made by or prepared under the supervision of a registered land surveyor licensed to practice in the State of North Carolina and shall contain a certificates as required by Section 47 -30 of the General Statutes and prepared in substantially the following form and acknowledged by a notary public: certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book , Page , etc.) (other); that the ratio of precision is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this map was prepared in accordance 7IT—h- G.S. 47 -30 as amended. Witness my hand and seal this day of , A.D., 19 Seal or Stamp Surveyor Registration Number ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1991 PLANNING BOARD REVIEW: BOCC REVIEW: GEC :'FT�...L_ . ^.SSEwIBLY OF NORTH CAROLINA 1991 SESSION RATIFIED BILL CHAPTER 268 SENATE BILL 764 Sec. 3, G.S 47 -30 reads as rewritten: "§ 47 -30. Plats and subdivisions; mapping requirements. (a) Size Requirements. All land 0lats presented to the register of deeds For recording in the registry of a county in North Carolina after U "; not Seotember 30 1991 � haytn an outside marginal size of either 18 inches by 24 inches. 21 inches by 30 inches or 24 inches by 36 inches, 'ig a and and minimum one and one -half inch border on the left side and a minimum one -half inch border on the other sides shall be deemed to meet the size reauirements for recording under this section. Where size of land areas, or suitable scale to assure legibility require, plats may be placed on two or more sheets with appropriate match lines. Counties may specify -either- wn 01 Only 18 inches by 24 inches (2� A combination of 18 inches b 24 inches and 21 inches by 30 inches A% combination of 18 inches by 24 inches and 24 inches by 36 inches, or A combination of all three sizes. Provided, that all registers of deeds where ij speeiFi s ecific sizes other than the combination of all three sizes have been specified, shall be required to submit said size specifications to the North Carolina Association of Registers of Deeds for inclusion on a master list of all such counties. The list shall be available in each re ister of deeds office by October 1. 1991. . For purposes of this section, the terms ' lat' and `map' are svnonvmous. (b) Plats to Be Reproducible. Each plat presented for recording shall be a reproducible ' rnafetia} lat either on final in on olvester film molar or a re roduced drawing., transparent and archival as defined by the American National Standards Institute effieef and submitted in this form. _,__ _�� ,,- - flat copy that must be such that the of each recorded plat purpose and properly The recorded public may- obtain legible copies. A direct or photographic shall be placed in the plat book or plat file maintained for indexed for use. (c) Information Contained in Title of Plat. -- The title of each plat shall contain the following information: property designation, name of eyonef, owner (the name of owner shall be shown for indexing purposes only and is not to be construed -as title certification), location to include township, county and state, the date or dates the survey was made; scale or scale ratio in words or figures and bar gra h; name and address of surveyor or firm preparing the plat. aed) Certificate; Form. -- There shall appear on each plat a certificate by the person under whose supervision such survey or such plat was made, stating the origin of the information shown on the plat, including recorded deed and plat references shown thereon. The ratio of precision before any adjustments must be shown. Any lines on the plat that were not actually surveyed must be clearly indicated and a statement included revealing the source of information. The execution of such certificate shall be acknowledged before any officer authorized to take acknowledgments by the registered land surveyor preparing the plat. All plats to be recorded shall be pr6bated as required by law for the registration of deeds. Where a plat consists of "more than one sheet, only the firs one sheet must contain the certification and all - other sheets must be signed and sealed. The certificate required above shall include -the source of information for the survey and data indicating the ratio of precision of the survey before adjustments and shall be.in substantially the following form: I, .........., certify that this plat was drawn under my supervision from (.&ft an actual survey made under my su ervision (deed description recorded in Book ............ page ........ etc.) (other); that the boundaries not surveyed are S +i—&w as br -eleef "lines V' u clearly indicated as Senate Bill 764 5 10 Seal or Stamp The certificate of the Notary shall read as I, a Notary Public of the County and registered land surveyor, personally appear( the execution of the foregoing instrument. seal, this...... day of ....... 19..... Sea' Stafnp Seal or Stamp .................. ............................... Surveyor Registration Number follows: `North Carolina . ...............County. State aforesaid, certify that ................ a :d before me this day and acknowledged Witness my hand and official stamp or Notary Public My Commission expires ................... Nothing in this renuirement shall prevent the recording __of a_ map_ that was oreoared in accordance witha_orevious version of G.S. 47 -30 as amended. properly_ signed, and notarized under the statutes applicable at the time of the signing of the J map. However. it shall be the responsibility of the person presenting the map to prove that the map was so prepared. (e) Method of Computation. -- An accut•ate method of computation shall be used to determine the acreage and ratio of precision shown on the plat. Area by estimation is not acceptable nor is area by planimeter, area by scale, or area eepies copied from another source, except in the case of tracts containing inaccessible sections or areas. In such case the surveyor may make use of aerial photographs or other appropriate aids to determine the acreage of such inaccessible areas when such areas are bounded by natural and visible monuments. In such case the Tkre methods used must be €4r t stated and explei on the €age —af the plat and all accessible areas of the tract shall remain subject to all applicable standards of this section. (f) Plat to Contain Specific Information. -• Every plat shall contain the following specific information: (1) An accurately positioned north ,arrow coordinated with any bearings shown on the plat. Indication, shall be made as to whether the north index is true, magnetic, North- Carolina r4-, grid LNAD 83' or `NAD 271, or is referenced - to oid-deed or plat bearings. If the north index is magnetic or referenced to old deed or plat bearings, the date and the source (if known) such index was originally determined shall be clearly indicated. (2) The azimuth or eettr5e5 course and 4" distance of every propertv line surveyed shall be shown. Distances shall be in feet or meters and decimals thereof. The number of decimal places shall be appropriate to the class of survey required. 6 Senate Bill 764 drawn from information found in Book ............. page ....... that the ratio of precision as calculated is 1:.....• that this- plat was prepared in accordance with G.S. 47 -30 as amended. Witness my of ........ A.D., 19...:. original signature, registration number and seal this ........ day Seal or Stamp The certificate of the Notary shall read as I, a Notary Public of the County and registered land surveyor, personally appear( the execution of the foregoing instrument. seal, this...... day of ....... 19..... Sea' Stafnp Seal or Stamp .................. ............................... Surveyor Registration Number follows: `North Carolina . ...............County. State aforesaid, certify that ................ a :d before me this day and acknowledged Witness my hand and official stamp or Notary Public My Commission expires ................... Nothing in this renuirement shall prevent the recording __of a_ map_ that was oreoared in accordance witha_orevious version of G.S. 47 -30 as amended. properly_ signed, and notarized under the statutes applicable at the time of the signing of the J map. However. it shall be the responsibility of the person presenting the map to prove that the map was so prepared. (e) Method of Computation. -- An accut•ate method of computation shall be used to determine the acreage and ratio of precision shown on the plat. Area by estimation is not acceptable nor is area by planimeter, area by scale, or area eepies copied from another source, except in the case of tracts containing inaccessible sections or areas. In such case the surveyor may make use of aerial photographs or other appropriate aids to determine the acreage of such inaccessible areas when such areas are bounded by natural and visible monuments. In such case the Tkre methods used must be €4r t stated and explei on the €age —af the plat and all accessible areas of the tract shall remain subject to all applicable standards of this section. (f) Plat to Contain Specific Information. -• Every plat shall contain the following specific information: (1) An accurately positioned north ,arrow coordinated with any bearings shown on the plat. Indication, shall be made as to whether the north index is true, magnetic, North- Carolina r4-, grid LNAD 83' or `NAD 271, or is referenced - to oid-deed or plat bearings. If the north index is magnetic or referenced to old deed or plat bearings, the date and the source (if known) such index was originally determined shall be clearly indicated. (2) The azimuth or eettr5e5 course and 4" distance of every propertv line surveyed shall be shown. Distances shall be in feet or meters and decimals thereof. The number of decimal places shall be appropriate to the class of survey required. 6 Senate Bill 764 (3) All plat ki e distances shall be by horizontal (lei or grid be measurements. All i401-ni5Ei `i lines shown on the plat shall shown. Enlargement of portions of a -� correctly plotted to the scale are acceptable in the interest of clarity, where shown as its plat inserts. Where the North Carolina grid system is used the grid factor shall be shown on the face of the piet and -a EleSigftdtieli a5 distanee lat. if rid distances are used it must be (4) shown on the lat. Where a boundary is formed by a curved line, the following data must be given: actual survey data from the point of curvature to of tangency shall be shown as standard curve data, or as the point a traverse of bearings and distances around the curve. If standard distance of the long chord (from curve data is used the bearing and to of tangency) must be shown on the �aee point of curvature point (3) e€ the plat. Where a subdivision of land is set out on the plat, all streets and lots shall be eaf Fttlly accurately plotted with dimension lines indicating widths and all other information pertinent to reestablishing all - lines in the field. This shall include bearings and distances sufficient to form a continuous closure of the entire (6) perimeter. Where control - corners have been established in compliance with G.S. 39 -32.1, 39 -321.2, 39 -32.3, and 39 -32.4, as amended, the location and pertinent information as required in the reference statute shall be plotted on the plat. All other corners which are or natural object shall be so identified on all marked by monument plats, and where 2ractical all corners of adjacent owners ift along boundary lines of the subject tract which are marked by a:.-r� .the L �..._.. ...:.L -._ .. monument or natural object �tst shall be - anee shown. (7) The names of adjacent landowners, or lot, parcel subdivision bieek block designations or other legal reference where applicable, shall be shown where they could be determined by the surveyor. (8) All visible and apparent rights -of -way, watercourses, utilities, roadways, and other such improvements shall be accurately located where crossing or forming any boundary line of the property (9) shown. Where the plat is the result of a survey, one or more corners shall, by a system of azimuths or courses and distances, be accurately tied to and coordinated with a horizontal control monument of some United States or State Agency survey system such as the ?iaEiar -l• North Carolina Geodetic �S.urvey where such - monument is within 2,000 feet of sraid earner. the subject Rropertv_. -Where the North Carolina Grid System coordinates of said, monument are on file in the North Carolina Department of Environment, Health, and Natural Resources, the coordinates of both the referenced corner shall be be in X (easting) eamp . and the monuments used shall shown and Y' (northing) des coordinates on the : Plat. The ' coordinates shall be identified as based on `NAD 83 indicatin North American Datum of 1983 or as `NAD 27,' indicatin North Senate Bill 764 7 .. 12. American Datum of 1927. The tie lines to the monuments shall also be sufficient to establish true north or grid north bearin •s for the plat if the monuments exist in- pairs. Within a previously_ recorded subdivision_ that has been tied_ to grid control, control monuments within the subdivision may be used in lieu of additional ties to grid _control. Within a previously recorded subdivision that has not been tied to grid control. if horizontal control monuments are available within-2,000 feet the above reQUirements shall be met, __but _ in the interest of bearing consistency with previously recorded plats, . existing bearing control should be used where practical. In the absence of Grid Control, other appropriate natural monuments or landmarks shall be used. In all cases, the tie lines shall be sufficient_ to accurately . reproduce the subject lands from the control or reference points used. (10) A vicinity map (location map) shall appear on •' the plat. 11 Notwithstanding any other provision contained in this section. it is the. dutv of the surveyor, by a certificate on the face of the plat, to certify to one of the following: a. That the survev creates a subdivision of land within the area of a county or municipality that has an ordinance that re ulg ates parcels of land, b. That the survey is located in such portion of a county or municipality , that is unregulated as to an ordinance_ that regulates parcels of land• C. That the survev is of an existing parcelor parcels of land: d. That the survev is of another category. such as the recnmhination of existing parcels. a court - ordered survev. or C. That the information available to the survevor is such that the survevor is unable to make a determination to the best of hie nr hPr nrnfeccinnal ability as to orovisions contained However. if the plat contains the certificate of a survevor as stated in a. , d. , or e. above then. the plat shall have in addition to said survevor's certificate, a certification of approval, or no approval reg,uired as may be required by _local ordinance_ from the annrooriate government authoritv-.. before the plat is presented for recordation. It the plat contains Erie certificate or_a survevor as stated in b. , or c. above, nothing shall__prevent the recordation of the plat if all other provisions have been met. (g) Recording of Plat. -- For purposes of recording. the register of deeds shall not be responsible for: 1 T_he provisi 2 The i2rovisi he nota 3 The provisions of subsection e • or'. The provisions of subdivisions (2 ) through (9) of subsection fZ A plat, when proven and probated as provided herein for deeds and other conveyances, when presented for recording, shall be recorded in the plat book or plat file and when so recorded shall be duly indexed. Reference in any instrument hereafter executed to the record of any plat herein authorized shall have the same effect as if the description of the lands as indicated on the record of the plat were set out in the instrument. .9 Senate Bill 764 13 (h) Nothing in this section shall be deemed to prevent the filing of any plat prepared by a registered Land surveyor but not recorded prior to the death of the r registered land surveyor. However, it is the responsibility of the person presenting the map to prove that the plat was so prepared. For preservation these plats may be filed without signature. notary acknowledgement or probate, in a special plat file. (i) Nothing in this section shall be deemed to invalidate any instrument or the title thereby conveyed making reference to any recorded plat. (j) The provisions of this section shall not apply to boundary plats of areas annexed by municipalities nor to plats of municipal boundaries, whether or not required by law to be recorded. (k) The provisions of this section shall apply to all 4-99 counties in North Carolina.. Where local law is in conflict with this section, the provisions in this section shall apply. Failure of a plat to conform in all requirements of this statute shall be sufficient grounds for the register of deeds to refuse to accept the plat for recordation. (1) The provisions of this section shall not apply to the registration of highway right -of -way plans provided for in G.S. 136 -19.4 nor to registration of roadway corridor official maps provided in Article 2E of Chapter 136. m) Any mag prepared by a registered land surveyor and submitted for inclusion on the public record whether submitted alone or attached to a deed or other instrument shall conform to the standards of practice for land survevin in North Carolina as defined in the Board rules of the North Carolina State Board of Re istration for Professional Engineers and Land Surveyors. In the interest of the public welfare and to assure that maps have not been altered grior to submission for recordin and in accordance with G.S. 89C -26 the maps shall have an original personal si nature and original seal as approved by the North Carolina State Board for Registration for Professional Engineers and Land Survevors__ Nothing in this subsection shall prohibit the recordation of a document that includes an attachment not prepared by a reg gistered land surveyor." Sec. 4. Section 3 of this act becomes effective October 1, 1991. The remainder of this act is effective upon ratification and applies to any action filed on or after that date. In the General Assembly read three times and ratified this the 12th day of June, 1991. JAMES C. GARDNER James C. Gardner President of the Senate DANIEL BL -.UF, JR. Daniel Blue, Jr. Speaker of the House of Representatives Senate Bill 764 9 Northwestern Triangle Chapter North Carolina Society of Surveyors, Inc. Please address reply to: Jerry W. Davis, RLS President, Northwestern Chapter of North Carolina Society of,Surveyors P.O. Box 14005 Research Triangle Park, N.C. 27709 November 21, 1991 Orange County Commissioners P.O. Box 8181 Hillsborough, N.C. 27278 Dear Commissioners: I want to thank you for hearing us on the proposed Subdivision Regulations Ordinance Amendment before you. North.Carolina Society of Surveyors and our local chapter, the Northwestern Triangle Chapter, have both been working with Mary Scearbo on this. She sent us an early version of the draft proposal in August. On August 29, Gary Thompson, President of North Carolina Society of Surveyors, Alois Callemyn, Chairman of our Chapter committee on this topic, and Linda Edmondson, Chapter Committee member, met with Ms. Scearbo, Geof Gledhill, and Betty June Hayes. The draft before you now incorporates many of the ideas that came up in that discussion. Our Chapter commends the Planning Department and the other public officials for their productive attitude of cooperation.,, Ms. Scearbo also sent us this latest draft. With several excep- tions, we think it is a very workable Ordinance Amendment. If the two minor revisions we suggest below are made, our Chapter can endorse this Amendment wholeheartedly., The rewrite of G.S. 47 -30 went into effect October 1. The North Carolina Society of Surveyors worked for seven years with the Register of Deeds Association on this rewrite. The N'. C. State Board of Regis- tration for Professional Engineers and" Land Surveyors, the N. C. Property Mappers Association, the N. C. Bar.Association, and the Land Records Management Division of (now) the Secretary of State's office, also worked closely with us.' The purpose of the rewrite was to bring the information required on recorded plats up to date, to make the plats more long - lasting, to make the plats easier to index and store, to make the plats less susceptible to unauthorized alteration, and to encourage more of these important plats to be recorded and to be preserved for the public. s 15 Ms. Scearbo's proposed changes to Section V -D of our Ordinance, "Final Plat," are totally appropriate. These will streamline the Ordinance. We agree with her proposed change to Section II, "Definitions," in principle. We certainly agree that the Planning Department should approve a plat for recordation which shows any exempt division of land. However, as our Chapter was reviewing this draft at our monthly meet- ing, several questions came up about what the word "status" meant. We propose that the addition here read "The status of Plats fal_1}nE_ un_dec exemptions (1) through ( &) above must be certified on the plat by the Planning Department prior to its recordation . . ." This is clearly consistent with G.S. 47 -30. We also think this is clearly what Ms. Scearbo has proposed. The underlined phrase is merely for added clarity should questions come up in the future. This Amendment also revises Section V- D -6 -a, "Certificates and En- dorsements to Appear on Final Plat." We propose that the proposed new certificate "I, , certify that this survey creates a subdivision within the regulation jurisdiction of Orange County" be deleted and replaced with the following: "The surveyor_shall__al_so certify on the Plat as re-Q fired by G.S. A7-30(f)(11)." This is the same requirement Ms. Scearbo proposes in Section II. These are our reasons for this: First, the purpose of Section (f)(11) of G.S. 47 -30 is to allow the Register of Deeds to know whether to record the plat or to require it to show the proper approvals. Mr. Robert Robinson, Register of Deeds of Brunswick County, and also the Chairman of the Register of Deeds Legislative Committee, asked for this section in G.S. 47 -30. The surveyor has five options. Paraphrased, option (a) is that the survey is a subdivision which needs to be approved. Option (b) is that the survey is a subdivision in a county or part of a county where there is no subdivision ordinance. Option (c) is that the survey is a boundary survey of an existing parcel. Option (d) is that the survey is a division of land which is exempt from the subdivision ordinance. Option (e) says the surveyor does not know which of (a) through (d) apply. Option (b) does not apply to Orange County, since the entire county is covered by some subdivision ordinance. In Buncombe County, for example, a surveyor may certify that his survey is in an area the subdivision ordinance does not cover. He can do this if he feels sure that he can make that_ det_esmination with ggn idenge. If not, he may certify (e). Mr. Robinson initially wanted the surveyor: -to state the jurisdic- tion. This was so he would know which Planning Department to send someone to who wanted to record an unapproved subdivision plat. After objections from -the North Carolina Society of Surveyors that a surveyor could not always tell what jurisdiction a survey fell in, Mr. Robinson dropped that request. Page 2 16 The point is that if the surveyor certifies (b), the plat does not have to be approved by any Planning Department. The Register of Deeds records it if it meets the requirements of G.S. 47 -30. If the surveyor certifies (a), (d), or (e), the plat must-be aporov d by the_Plannina De art The only reason option (a) mentions jurisdiction is to acknowledge that in some counties subdivision plats do not have to be approved. This does not apply to Orange County. Surveyors who work in Orange County will include the phrase "within the area of a county or municipality that has an ordinance that regulates parcels of land" when they choose option (a). G.S. 47 -30 does not require a surveyor to say hich jurisdiction a survey falls into. Since the stated purpose of this Amendment is to make the Subdivision Regulations consistent with G.S. 47 -30, the Subdivision Regulations should not require the surveyor to state that a survey is within Orange County's jurisdiction, either. Second, there are many situations where a surveyor may not know whose jurisdiction a property is in. Our Chapter's committee has had two cases in the last six months where Orange County Planners initially did not know whether a property was in Orange County's jurisdiction. Different maps showed different things. In another case where a property which straddled the Alamance County line, where the property was did not control who approved the subdivision. The county which had it on their assessment roles controlled the jurisdiction. In some cases where the property is in more than one jurisdiction, the rules for deciding who will approve the subdivision seem informal and unwritten. Please remember that a Registered Land Surveyor is a Professional. Unlike a property owner, he cannot ask the Planning Department whether the property is in their jurisdiction and then certify it. Any cer- tification must be his own conclusions based on appropriate references and evidence he has gathered. He has professional liability for his certifications and opinions just as a doctor has for his diagnoses and an attorney has for his opinions. He puts his professional reputation and his livelihood on the line every time he signs a certificate. For a surveyor to sign a certificate as to jurisdiction, we would need one official jurisdiction map. This map would need to show the dividing boundaries in a way that could be legally described. It would need to be certified by all controlling parties (probably Orange County. Town of Hillsborough, Town of Chapel Hill, Town of Carrboro. Alamance County, Chatham County, Durham Couhty, Person County, and Caldwell County). This map would need to be recorded in the Register of Deeds office. Third, except for the surveyor's certificate required by G.S. 47- 30, a Registered Land Surveyor is ngver required to certify yes or no about anything. In the case of the G.S. 47 -30 certificate, the sur- veyor is required to certify (1) that he did the survey (or supervised it); (2) the sources he used; (3) the ratio of precision of his tra- verse; and (4) that the plat complies with G.S. 47 -30. The exact Page 3 17 wording of the certificate is up to the surveyor. All of these are objective things which do not require giving a professional opinion. In the case of other certificates, there is always the option of given a qualified professional opinion or saying "I cannot make this deter- mination in this case." This is in keeping with good professional practice. The G.S. 47 -30 rewrite recognized the necessity of a professional saying "I don't know in this case" by providing option (e) in Section (f)(11). I do not believe our Board of Registration would have approved the rewrite without this option. Fourth, the proposal to require a surveyor to certify that a plat submitted for subdivision approval is a subdivision is the same. In most cases, a surveyor can and will easily certify that the plat he submits for subdivision approval is a subdivision. It is conceivable in some cases that he may not be sure. This would probably be when one owner has several adjacent tracts and is only having one surveyed. Think of the situation where several 25' wide lots were bought. The surveyor can ask the Planning Department if the survey is a sub- division. He can submit the survey for subdivision approval based on the Planning Department opinion. He cannot certify that the survey is a subdivision unless he is of that professional opinion from his own knowledge. The option of saying lie does not know must be kept open. Fifth, we do not understand what the overriding interest to the public welfare or to Orange County is in forcing the surveyor to certify jurisdiction and that a survey is a subdivision. The N. C. Legislature has said the owner is the one to state the jurisdiction (G.S. 153A -332). If the owner has signed a statement saying he wants Orange County's subdivision approval, what liability does the County have? This is the system we have used since the Subdivision Regula- tions Ordinance was adopted, and we are not aware of any problems it has caused. I believe with these two changes, the Amendment to the Subdivision Regulations Ordinance will be a needed tool to let us work together in the future. Respectfully, ?err Davis, RLS s ent, Northwestern Chapter of North Carolina Society of Surveyors cc: Mary Scearbo Beverly Blythe Page 4 3s DRAFT 1 (4) Section V -D -5 -0 Utility /Drainage Data 2 for final Plats 3 This item was chaired by Betty Eidenier 4 and presented by Mary Scearbc. 5 6 THERE WERE No QUESTIONS OR COMMENTS FROK THE BOARD OF 7 CoWaSSIONSRS, TSB FLING BOARD OR CITIZENS. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner 10 2nak6, to refer this item to the Planning Board for a 11 recommendation to be returned to the Board of commissioners no 12 sooner than January 6, 1992. 13 VOTE: UNANIMOUS 14 15 b. Standards for lo+ Acre Lots 16 (1) Section III -B Classification of 17 Subdivisions 1g (2) Section II Definition of Minor Subdivision 19 (3) Section IV Required Minimum Design 20 Standards 21 EIDENIER AND MARY SCEARBO 22 23 THERE N NO QUESTIONS OR COMPOWfS P7= THE BOARD OF 24 COMMISSIONERS, THE PU NNING BOARD OR CITIZENS 25 26 A motion was made by Co=issioner Insko, seconded by 27 Commissioner Halkiotis, to refer this item to the Planning Board 28 to be returned to the Board of Commissioners no sooner than January 29 S, 1992. 30 VOTE: UNANIMOUS 31 32 c. Environmental Health Endorsement 33 (1) section V-0 -6 Certificates of 34 Endorsement /Final Plat 35 This item was Chaired by Betty Eidenier 36 and presented by Mary Scearbo. 37 38 THERE wERS No QUESTIONS OR COMMENTS FROM TEE BOARD OF 39 COM XSSIONERB, PIANMG BOARD OR CITIZENS. 40 41 A motion was made by Commissioner Gordon, seconded by Chairman 42 Carey, to refer this item to trhe. Planning Board for a 43 recommendation to be returned to the 'Board of Commissioners no 44 sooner than January 6, 1992. 45 VOTE: ANIMOUS 46 47 d. Mapping Requirements of G.S. 47 -30 48 (1) Section V -D Final Plat 49 (2) Section 11 Definition of Subdivision 50 (3) Section V -D -6 certificates of 51 Endorsement /Final Plat 52 This item was Chaired by Betty Eidenier and DRAFT 19 1 presente& by Mary Scearbo. 2 3 Mr. Jerry Davis spoke in support of this mapping requirement. 4 A letter he sent Mary Scearbo was entered into the record. 5 Mr. Alois Callemyn spoke in support of this amendment and 6 entered a letter from the North Carolina Society of Surveyors into 7 the record. s S Commissioner Gordon requested a complete analyses when this 10 is returned to the Board. Ma. Scearbo agreed to handle this. 11 12 A motion was made by Commissioner Halkictis, seconded by 13 Chairman Carey, to refer this item to the Planning Board for a 14 recommendation to be returned to the Board of Commissioners no 15 sooner than January 6, 1992. 16 VOTE: UNANIMOUS 17 18 AMQURNM 19 20 There being no further business, the meeting was adjourned. 21 22 23 Moses Carey, Jr., Chair 24 25 Beverly A. Blythe ECEIVED FROM 919 644 3004 TOTAL P.11 P.11 7.0 c. Subdivision Regulations Text Amendments t (1) Section III -B Classification, Section II - Definitions, and Section IV - Required Minimum Design Standards (10+ Acre Lots) (2) Section III -C-3 - Review and Approval Procedures (Minor Subdivisions), Section IV -B--2 - Land Suitability, and Sections V -C -5 and V -D -5 - Utility & Drainage Area (Stormwater Management) (3) Section II - Definitions (Subdivision) and Section V -D -6 - Certificates and Endorsements to Appear on Final Plat (Statutory Mapping Requirements) (4) Section V- D -6--c (3) Certificates or Approval (Environmental Health) No presentation was required on items 9b and 9c. MOTION: Jobsis moved approval for items 9b and 9c as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM #11: PLANNING BOARD ITEMS a. Township Advisory Council (TAC) Appointment Eidenier asked that the Planning Board consider the application'of R. Beverly R. Webb for appointment to the Hillsborough Township Advisory Council. These appointments are usually considered at long -range planning meetings. The Board is being asked to consider this one a month early because the Hillsborough /Orange County Cooperative Planning process wi911 begin in January 1992. This applicant has a particularly strong background in Town /County planning matters and it is felt that he would be a real asset as TAC liaison on the Cooperative Planning Work Group which will begin its work in January. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT SECTION V -D -6 -c (3) CERTIFICATES OF APPROVAL ENVIRONMENTAL HEALTH ENDORSEMENT DEPARTMENT: PLANNING ATTACHMENT(S): Proposed Amendment 11/25/91 Public Hearing Minutes 12/16/91 Planning Board Minutes (Draft) PUBLIC HEARING I Action Agenda Item #I Yes _x _No INFORMATION CONTACT: Jane Garrett Extension 2581 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 967 -9251 PURPOSE: To consider a proposed amendment of the Subdivision Regulations to revise the current language of the Environmental Health Certificate for subdivisions. BACKGROUND: The Environmental Health Division of the Orange County Health Department is required to endorse all subdivision Final Plats certifying that the proposed lots are approved for surface sewage disposal systems, provided public utilities are not available. In conjunction with the Environmental Health Division the Planning Department determined that the current endorsement is too general. The proposed amendment would provide more explicit information regarding the isEuance of septic system permits. This amendment was presented for public hearing on November 25, 1991. No comments were received. The Planning Board considered the proposed amendment on December 16, 1991 and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendment, per the Planning Board recommendation. e 2 r PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION V -D -6 -c (3) CERTIFICATES OF APPROVAL ENVIRONMENTAL HEALTH ENDORSEMENT ORIGIN OF AMENDMENT: _x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _x_ High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 PURPOSE OF AMENDMENT: To revise the current language of the Environmental Health Division certification for subdivisions. IMPACTS /ISSUES: The Environmental Health Division of the Orange County Health Department is required to endorse all subdivision plats certifying that the proposed lots, when public utilities are not provided, are approved for sewage disposal through the installation and use of surface sewage disposal systems. The current endorsement is too general. EXISTING AND 'PROPOSED ORDINANCE PROVISIONS: Section V -D -6 -c certificates of Approval (1) A Final Plat for a minor subdivision shall show the following form for Planning Department endorsement: "I hereby certify that the subdivision plat shown hereon has been found to comply with the orange County Subdivision Regulations. Provided that this plat shall be recorded within six (6) months of -final approval, approved by the Orange County Planning Department on (Date)." Planning Director or Authorized Agent (2) A Final Plat for a major subdivision shall show the following form for Planning Department endorsement: 3 "I hereby certify that the subdivision plat shown hereon has been found to comply with the Orange County Subdivision Regulations. Provided that this plat shall be recorded within 1 -year of final approval, approved by the Orange County Planning Department on (Date)." Planning Director or Authorized Agent (3) where sewage disposal within all or a portion of a subdivision is to be accomplished through the installation and use of surface sewage disposal systems, the plat shall show the following form for Orange County Health Department endorsement: Mild 01i (4) Where public streets are proposed in a subdivision, the plat shall contain a certification that the proposed roads meet the construction standards of the North Carolina Department of Transportation. ORDINANCE REVIEW SUBCOMMITTEE: October 3, 1991 PLANNING BOARD REVIEW: December 16F 1491 BOCC REVIEW: W i DRAFT 10 1 (4) Section V -D -5 -c Utility /Drainage Data 2 for final Plats 3 This item was chaired by Betty Eidenier 4 and presented by Mary 6cearbo. a 6 THERE wMM NO QUESTIONS OR COMMENTS PR= THE HOARD OF 7 COMMISSIONmr TSS PLAIUNING BOARD OR CITIZENS. 8 9 A motion was made by Commissioner Gordon, seconded by Commissioner 10 Insko, to refer this item to the Planning Board for a 11 recommendation to be returned to the Board of commissioners no 12 sooner than January 6, 1992. 13 VOTE: UNANIMOUS 14 15 b. Standards for 10+ Acre Lots 16 (1) Section III -B Classification of 17 subd::visicns 18 (2) Section II Oaf inition of Minor subdivision 19 (3) Section IV Required Minimum Design 20 Standards 21 EIDENIER AND MARY SCEARBO 22 23 THERE WERE NO QUESTIONS OR C001ENT8 FROX T88 BOARD OF 24 coWaSSIORMS, THE PSG BOARD OR CMZSNS 25 26 A motion was made by Commissioner Insko, seconded by 27 Commissioner Halkiotis, to refer this item to the Planning Board 28 to be returned to the Board of Commissioners no sooner than January 29 6,.1992. 30 VOTE: UNANIMOUS 31 32 C. Environmental Health Endorsement 33 (1) section V -D -6 Certificates of 34 Endorsement /Final Plat 35 This item was Chaired by Betty Eidenier 36 and presented by Mary Scearbo. 37 38 TSER$ WERE NO QUESTIONS OR COMMENTS FROM THE BOARD OF 39 CON=SSIONERS, PUUWING BOARD OR CITIZENS. 40 41 A motion was made by Commissioner Gordan, seconded by Chairman 42 Carey, to refer this item to the, Planning Board for a 43 recommendation to be returned to the Board of Commissioners no 44 sooner than January 6, 1992. 45 VOTE: UNANIMOUS 46 47 d. Mapping Requirements of G.S. 47 -30 48 (1) Section V•D Final Plat 49 (2) Section II Definition of Subdivision 50 (3) Section V-D -6 Certificates of 51 Endorsement /Final Plat 52 This item was Chaired by Betty Eidenier and c. Subdivision Regulations Text Amendments (1) Section III -B Classification, Section II - Definitions, and Section IV - Required Minimum Design Standards (10+ Acre Lots) (2) Section III -C -3 - Review and Approval Procedures (Minor Subdivisions), Section IV -B -2 - Land Suitability, and Sections V -C -5 and V -D -5 - Utility & Drainage Area (Stormwater Management) (3) Section II - Definitions (Subdivision) and Section V -D -6 - Certificates and Endorsements to Appear on Final Plat (Statutory Mapping Requirements) (4) Section V -D -6 -c (3) Certificates or Approval (Environmental Health) No presentation was required on items 9b and 9c. MOTION: Jobsis moved approval for items 9b and 9c as recommended by the Planning Staff. Seconded by Reid. VOTE: Unanimous. AGENDA ITEM *11: PLANNING BOARD ITEMS a. Township Advisory Council (TAC) Appointment Eidenier asked that the Planning Board consider the application of R. Beverly R. Webb for appointment to the Hillsborough Township Advisory Council. These appointments are usually considered at long -range planning meetings. The Board is being asked to consider this one a month early because the Hillsborough /Orange County Cooperative Planning process wi911 begin. in January 1992. This applicant has a particularly strong background in Town /County planning matters and it is felt that he would be a real asset as TAC liaison on the Cooperative Planning Work Group which will begin its work in January. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. SUBJECT: MINUTES Meeting Date: JANUARY 6, 1992 -- - - - --- ---- •----------- - - - - -- - - - - - -- - - -- DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO. X --- - - - - -- ---------------------------------- ATTACHMENT(S): UNDER SEPARATE INFORMATION CONTACT: BEVERLY BLYTHE COVER TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968 -5401 Durham - 688 -7331 Mebane - 227 -2031 ------------------------------------------------- PURPOSE: To correct and /or approve the minutes as submitted. November 25, 1991 - Quarterly Public Hearing December 17, 1991 - Regular Meeting BACKGROUND: In accordance with 153A -42 of the General Statutes, the Governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S): As the Board decides. ITEMS NOT ON THE PRINTED AGENDA If you would like to speak on an item that is not on the printed agenda please complete the following information. NAME: ADORES TELEPHONE NUMBER5: HOME: — r3 WORK: L-k 44 2 BRIEF DESCRIPTION: Pre or 105014- 5 Attach merit I APPEXC MC AM=: Orange County Health Department Imo: ( 919) 732-8181, x2411 CCUKIY: Orange RC U Daniel B. Reimer i •;i� ?■cr•� ;�'1� ?^ i - T,yrr v ■r `.1w!- f� r� { ••■ -rte ■" " {� 1■ ■ `�7M�:A :r■ -' -• L 1 • r:" - L:r -. ►- 0 :I: a• L D. AM30M OF MA7ERK= C21RE COMROIRMCU FUN= MM T --659 (11./90) lOdt $8/750 $ 75% 1 _ $6;563 -_ $ 6,563�� 60% $5,250 $ 50%. $4,375 $ 4D% $3,540 $ 25% $2.185 $ 20-t $1,750 $ TMML $ 6,563 D. AM30M OF MA7ERK= C21RE COMROIRMCU FUN= MM T --659 (11./90) . -F Aug Y i� Ir •'" •i' •" 6 The Orange County Health Department &grow to the follmr nq regairwery= (name of agQncy) as a condition for receivinq maternity care coordination grant funds from the Division of Maternal and Child d Hiealth: (1) To use grant funds to establish new maternity care coot Uration position(s) and/or incise the pez'oentage time of existing part -time came caordUnation positions, and (Z) To use the xwerN.e generated -by .maternity care coon ration staff to suFQort their salaries and fringe benefits in the ===Ont and ent fiscal yeazs. Signat=e of Agency Director - -7 / Signature of Agency Finw= officer I Date RESOLUTION OF THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Date January 6 1992 Name of Subdivision Shenandoah Owner /Applicant Richard H. Swank for Laura Reaves Rosa B. Stone and Thomas F. Stone The Board of County Commissioners hereby approves Shenandoah subdivision preliminary plat, dated September 10, 1991 and containing 6 lots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal 1. 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. Sabre Court shall be constructed to Class B private road standards within a SO foot right -of -way. Sabre Court shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the travelway within the platted private road right -of -way shall also be certified. 1 A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Sabre Court to Class B private road standards. An estimate of the construction and certification costs 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 certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. Submit an erosion control plan for construction of the road. 3. A Private Road Maintenance Agreement for Sabre Court shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 4. A provision that there be no further subdivision of any lot created by this subdivision 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. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 6. Lots 1 and 6 shall have access restricted to Sabre Court. All lots shall access onto the new subdivision roads. 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. 7. 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. C. Land Use Buffers and Landscaping L Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. ►a 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. D. Drainage 1. The floodway and floodway fringe of Phil's Creek and the tributary on the eastern boundary shall be noted on the face of the Final Plat. Development restrictions within the floodplain shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. (PW -11 only) Impervious surface data, as pursuant to Article 6.25.4 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A stream buffer shall be provided as shown on the Preliminary Plat along Phil's Creek and its tributary. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland 1. The applicant shall dedicate to Orange County a 10 -foot wide strip of recreation /open space to be shown on the Final Plat located within 30' of the center of Phil's Creek as shown on the Preliminary Plat. The approval of this resolution by the Board of Commissioners of Orange County authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally the parkland and pedestrian easements shown on the Final Plat(s). The acceptance by Orange County of the dedication of the parkland and pedestrian easements shall be without maintenance responsibility. 2. A 10 -foot wide public dedication shall be made by non - warranty deed to Orange County for recreation /open space purposes within the conservation easement along Phil's Creek. The dedication shall be located within 30 feet of the centerline of Phil's Creek, subject to approval by Orange County Recreation and Parks. It shall be labelled on the Final Plat with the total area of the dedication and "Property of Orange County for recreation /open space purposes". 3 F. 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. 2. The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Phil's Creek; and b. Tributary to Phil's Creek on eastern boundary 3. The following easement shall be shown on the plat: a. 15 -foot pedestrian access easement along the northern boundary of lot 2 to connect lot 1 with the conservation easement. 4. A setback of 40 feet shall be maintained as measured from the edge of right -of -way of Sabre Court. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. There is also a setback for impervious surface 20 feet from the edge of the stream buffer. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. On the Final Plat, include the Plat Book reference for "Shenandoah II ", and label the control corner. 6. Pursue negotiations with Triangle Land Conservancy or other qualified Public/private entity for dedication of the conservation easement as shown on the Preliminary Plan. Submit final copy of the easement agreement to Orange County for review. Such agreement shall include the following: a. If the easement is dedicated by the current owner, all residents of the subdivision shall be permitted to access the conservation easement consistent with the agreement granted to Triangle Land Conservancy. b. Orange County shall be designated alternate Grantee in the event Triangle Land Conservancy ceases to exist or no longer desires to hold the conservation easement, or is no longer qualified as Grantee. C. Include in the inventory of relevant features that the easement includes the Orange County public recreation space. 7. If a conservation easement is not granted to Triangle Land Conservancy or other qualified public /private entity, the area proposed as easement shall be included in the recreation dedication to Orange County. 4 $. Obtain final approval of the Conservation Easement Agreement and the Restrictive Covenants from the County Attorney. G. 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. A Certificate of Approval signed by the Orange County Planning and Inspections Department. Signature of Applicant Cler to the Board accept the above listed conditions of subdivision approval, and a knowledge that each must be met prior to recordation of the final plat. 5 CONTRACT FOR CONSULTING SERVICES BETWEEN JOHNSTON, ZABOR & ASSOCIATES# INC. AND ORANGE COUNTY This contract is made and entered into this 6th day of January, 1992, by and between Johnston, Zabor & Associates, Inc., located at Headquarters Park, Suite 300, Research Triangle Park, NC 27709, herein referred to as Consultant, and Orange County, located at 109 Court Street, Hillsborough, NC 27278, herein referred to as County. The parties agree to a binding contract for the purpose of conducting a telephone survey of voter attitudes in Orange County towards a possible school bond referendum. The County w_ll: 1. Provide Consultant with any available information Consultant may request to assist in development of the survey instrument. 2. Provide direction on the development of specific survey questions in a timely manner, as requested by Consultant. 3. Make payment in accordance with the payment section of this contract. The Consultant will: 1. Develop a survey instrument of approximately 25 questions that is reviewed and accepted by the County prior to actual conduct of the survey. 2. Conduct a telephone survey of not less than 400 Orange County registered voters with the following primary objectives: a. to determine likely voter response to various levels (in millions of dollars) of possible bonds, b. to determine what level of tax .rate increase voters would accept in support of schools, C. to determine the most appropriate timing for a successful bond referendum to be conducted, and d. to determine the level of awareness regarding the need for new schools among registered voters. 3. Complete the survey and deliver a report analyzing and tabulating the results no later than February 3, 1992. 4. Provide to County raw data results of individual, voter responses to survey questions, in a format mutually acceptable to County and Consultant, at the conclusion of the survey and report process. 5. Provide knowledgeable representatives to attend County meetings, as requested, to answer questions and offer recommendations to elected and staff County representatives. Payment Schedule The total of all costs for the survey and report process will be $9,850. Consultant will invoice 50%, of this cost when agreement to proceed is reached, and the remaining 50% when the final report is delivered. County will make payment within ten working days of receipt of invoices. With the following signatures of both parties, _- _._ , -- - - -%ha-3- 1 b_ec-nre binding— - - - J J nston, President r & Associates this document Moses Carey, Chair orange County Board Commissioners -0 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No \/[M-A ACTION AGENDA ITEM ABSTRACT Meeting Date: January 6, 1992 SUBJECT: E911 /CAD Equipment and Systems Integration Procurement -------------------------------- DEPARTMENT Land Records ATTACHMENT (S) Proposed IBM Customer Agreement Proposed IBM Statement of Work (both under separate cover) PUBLIC HEARING YES NO X INFORMATION CONTACT Roscoe Reeve, ext 2501 TELEPHONE NUMBER Hillsborough 732 -8181 Chapel Hill 968 -4501 Mebane 227-203i Durham 688 -7331 PURPOSE: To consider approving an agreement with IBM for provision of hardware, software, and systems integration of Enhanced 911 /Computer Aided Dispatch capabilities for Orange County. BACKGROUND: During the last two months, the Board has reviewed several presentations about the County's plans for implementation of an integrated Enhanced 911 System during Spring, 1992. Demonstrations by Land Records Manager /GIS Director Roscoe Reeve and the technical staff from LogiSYS and IBM were designed to provide the Board with some familiarity about the capabilities of the proposed system and the potential benefits that Orange County citizens may enjoy as a result. Due to constraints of staff time and expertise, staff found it necessary to solicit external technical assistance to undertake system development and the marriage of hardware and software for this project. IBM has submitted the attached proposal for an integrated 911 system for Orange County that will, among other things, provide information to 911 Center personnel and emergency response personnel from four different systems. These include: * E911 Interface - Automatic Location Identification /Automatic Number Identification (ALI /ANI) from Southern Bell * Computer Aided Dispatch (CAD), which includes call- taking, dispatch of emergency units, and detailed emergency incident administrative data * Interface to National Criminal Information Center and North Carolina State Bureau of Investigation (NCIC /DCI) * Electronic maps for automatic incident location from Orange County Geographic Information System (GIS) i 2 Information will be provided to each dispatcher on a single high resolution workstation using a "windows" approach that will permit dispatchers to handle multiple calls. Workstations will be networked so that each can deal with any call received, or so the call can be monitored by a 911 supervisor or responding agency officer. Each station can function independently so that failure of one workstation would not render the Center non - operational. The cost for the IBM proposed system is $380,727, which includes. a "hot spare" option for a backup workstation at the Emergency Operations Center (EOC). The figure is slightly lower than that shown in the December 19, 1991 proposal from IBM due to some recently revised costs. The cost breakout is as follows: IBM Hardware (purchased through State contract) 5 EOC Workstations $ 105,184 1 EOC Hot Spare Workstation 19,537 1 Land Records Workstation 27,401 1 Sheriff Workstation 271401 4 Digital Modems 4.544 $ 184,067 IBM Operating System Software (incl Hot Spare) $ 11,496 Non -IBM Hardware /Software & IBM System Development IBM System Integration $ .85,543 3 Ethernet Bridges 30,749 Uninterruptable Power Supply (UPS) 9,900 LogiCAD Software 58.972 $ 185,164 TOTAL $ 380,727 System integration costs include all installation, training, and geofile creation as well as design, testing, and system assurance. The geofile is the enormous task of linking an address with its location on the ground and building that relationship for displaying incident sites and routing emergency vehicles. Costs associated with the IBM proposal and other aspects of the Enhanced 911 project will be funded through telephone subscriber fees, with one exception: the Land Records and Sheriff workstations and GIS software are covered by funds approved by the Board for the GIS project and already included in the 1991 -92 budget. Those costs not paid in accordance with the IBM proposed schedule would be financed with IBM, as a contract addendum, in monthly installments as additional - revenue from subscriber fees becomes available. Ongoing operational and maintenance costs for hardware, software, database, access lines, and addressing are expected to be adequately funded by continuation of the current 50 cent monthly 911 telephone subscriber charges. RECOMMENDATION(S): The Manager recommends that the Board approve the agreement with IBM, subject to final review by the County Attorney, and authorize the Chair to sign it. • • ._OM ORANGE LRND RECORDS IBVL Customer Agreement Change Authorization for Protect Support Services Both of us agree to• modify the referenced Statement of Work and any applicable terms as tallowy: P. 2 IBM will perform the work item (B) described oil the attached page. That work includes: 1, Install F(bePOPtic Cable between MIS and Sheriffs Office. The cost for installing the Fiber Optic Cable is S 7,926. the Due to the decision by Orange County to use a Fiber uOptic d is reduced from a to 2 is h Ftl crnct I3aic�gc, Sherili`s -bull4ing, the number of Ethernet Bridge, q represents 4 06st. of $3,345• This reduces IBM's billing by S6,690. The Total C¢st of this PCR. is $ 1,236. i I j I Both of us agree that the complete agreement between us about these Services will consist of 1) this Change Authorization, 2) the referenced Statement of Work and 3) the IBM Customer Agreement (or any equivillent agreement aIPned by bath of us). Agrood to: I AgreeC :a: customsr name:; County of Orange, Nortl narolina international Business Machines Corporation By Nam$ (type print) -TC4W ai . LiN 1� Date; 112: Customer number. 677$924 Customer addre$s: 1061`__ -fist skee4 _ Zoo S. G- Mh%ZPCr. St Hillsborough, NC 27278 ProJect nemo or Identifier: Orange County E -91 I F roject Change Request number(s). D8971 -003 �,±a_n�aa_nn 4re� ov Armonk, New York 10504 By Auth 1: wqg tvfa -_- Name (type or print) V , �, l°� Ct r r G V e/ Date: I z 1-5 - 9 Z IBM Customer Agreement number; Reference Statement of work number; D8971 Change Authorization number: D8971 03 IBM Office number: HW6 IBM Orrice adaress: 4800 calls of the Neuse Road Raleigh, NC 27609 r �nr. , of l- UM OR --tozE LAND RECORDS ROM THE OLD ADMINISTRATION BLDG. TO T11E SHERIFF II) FIRE OPTIC NETWORK F 'S OFFICE �NSTALI, A 6 STRAND 62.5/125 MICRON SEICOR MIC FIBER IN INTER -DUCT AND 4" SCHZDUIL 40 CONDUIT. FIBER WILL BE TERMINATED WITH ST CONNECTORS. ALL F.IB;ERS WILL BE TESTED WITH A VOTEC LIGHT METER AT 850NM., NOTE:, #TXPULATIONS I,) IF' 'UIZTNG THE DIGGING 'AND TADDITIONAHE IMMOVA L& OBJECTS OR ROCK THERE RATE 0 $90.00 PER CUBIC FOOT. 2) IF IBM ENCOUNTRRS ADDITIONAL CUT AND PATCH WORK AT THE DRIVEWAY AT THE OLD TALC AND RECORDS BLDG. AN ADDITIONAL CHARGE OF $30.00 PER FOOT WILL BE ADDED 'O THE CONTRACT. COST F R ABOVE $7,926.00 l P. 3 Customer Agreement Thank you for doing business with us. We are committed to providing you with the highest quality Products and Services. If, at-aAy time, you have any questions or problems, or are not completely satisfied, please let us know. Our goal is to do our best for you. This IBM Customer Agreement (called the "Agreement') covers the major business transactions we may do with you, including: (a) sale of Machines; (b) license of Programs; and (c) provision of Services. We also make several Options available to you concerning the Products and Services we provide under this Agreement, such as volume discounts. This Agreement and its applicable Attachments and Transaction Documents are the complete agreement regarding these transactions, and replace any prior oral or written communications between us. By signing below for our respective Enterprises, each of us agrees to the terms of this Agreement. Once signed, 1) any reproduction of this Agreement, an Attachment, or Transaction Document made by reliable means (for example, photocopy or facsimile) is considered an original and 2) all Products and Services you order under this Agreement are subject to it. w__C!�°p_- _Agreed to: Enterprise name: County of Orange FFLq 92 112 t 5 1 By Authorized signature I T1 Name (type or print): Date: Enterprise number: e f;.— Enterprise address: 6770884 208 S. Cameron St. Hillsborough, NC 27278 Agreed to: International Business Machines Corporation Armonk, New York 10504 By L. Z�l 04 11 V " Authorized si ature Name (type or print): V. rJ roue— Date: Agreement number: /l ZV a e 14 $ v IBM Office number: IBM Office address: 2125- 4575 -00 1/91 Page 1 of 23 5D3 4800 Falls of the Neuse Rd. Raleigh, NC 27609 _=- Customer Agreement Table of Contents Section Title Part 1 - General ................... Page Section Title ...............3 1.1 Definitions ............ ..............................3 1.2 Agreement Structure ........................4 1.3 Delivery ................ ..............................4 1.4 Electronic Communications .............5 1.5 Prices and Price Changes ................5 1.6 Invoicing, Payment, and Taxes ........ 6 1.7 Additional Charges ............................6 1.8 Types of Service for Machines ........ 6 1.9 Patents and Copyrights ....................7 1.10 Limitation of Liability ........................7 1.11 Mutual Responsibilities ....................8 1.12 Your Other Responsibilities .............8 1.13 Your Additional Rights ......................9 1.14 IBM Business Partners .....................9 1.15 Changes to the Agreement Terms ..9 1.16 Agreement Termination ....................9 1.17 Geographic Scope ............................9 1.18 Governing Law .... ..............................9 Part 2 - Warranties.. Page Part 4 Programs ........ .......................... . ..14 4.1 Grant of License . .............................14 4.2 License Details ... .............................14 4.3 Distributed Features .......................15 4.4 Additional License Copies .............15 4.5 Program Testing . .............................15 4.6 Program Packages ..........................15 4.7 Program Protection .........................16 4.8 Program Services ...........................16 4.9 Variable- Charge Programs .............16 4.10 License Termination .......................16 Part 5 - Services .......... .............................17 5.1 Maintenance Services ....................17 5.2 Continuing Support Services .........18 5.3 Project Support Services ................18 5.4 IBM Information Network and Other Services .... .............................20 ........10 Part 6 - Options ............ .............................21 2.1 The IBM Warranties ........................10 2.2 Extent of Warranty ...........................11 2.3 Items Not Covered by Warranty_.... 11 Part 3 - Machines ..........12 3.1 Title ..................... .............................12 3.2 Risk of Loss ........ .............................12 3.3 Production Status........ ... 3.4 Installation ... . .................... . .............. 12 3.5 Licensed Internal Code..... ............. 13 6.1 Volume Discounts ...........................21 6.2 Maintenance Service Options ........ 22 6,3 Payment Options .............................22 6.4 Special Options .. .............................23 2125 -4575 -00 1/91 Page 2 of 23 == Customer Agreement Part 1 - General 1.1 Definitions Customer - set -up Machine is an IBM ,Machine that you set up according to our instructions. Date of Installation is the following` 1. for a Machine — a. the business day after the day we install it or, if you defer installation, make it available to you for installation; b. the second business day after the end of a Customer - set -up Machine's standard transit allowance period. We will allocate a reasonable transit allowance period; or c. the second business day after the arrival of a non -IBM Machine. 2. for a Program, the latest of — a. the day after its testing period ends (this does not apply to Program Packages): b. 10 days after we ship it; or c. the day, specified in a Transaction Document, on which we authorize you to make an Additional License Copy or a copy of a Distributed Feature. Designated Machine is the Machine, that you identify to us by type /model and serial (or plant order) number, on which you intend to use a Program for processing. When we specify that you do not have to provide this identification to us, the term "Designated Machine" means the single Machine on which you may use the Program at any one time. Enterprise is any legal entity (such as a corporation) and the subsidiaries it owns by more than 50 percent. The term "Enterprise" applies only to the portion of the enterprise located in the United States or Puerto Rico. Machine is a machine, its features, conversions, upgrades, elements, or accessories; or any combination of them. The term "Machine" includes an IBM Machine and any non -IBM Machine (including other equipment) that we may provide to you. Product is a Machine or a Program. y Program is the following, including features and any -whole or partial copies: 1. machine - readable instructions; 2. a collection of machine - readable data, such as a data base; and 3. related materials, including documentation and listings, in any form. The term "Program" includes an IBM Program and any non -IBM Program that we may provide to you. The term does not include Licensed Internal Code or Materials. Service is ass;stance or use of a resource (such as a network) we make available to you. Specifications is a document that provides information specific to a Product. For a Machine, we call the dccument "Official Published Specifications." For a Program, we call it "Licensed Program Specifications" or "License Information." Specified OFerating Environment is the Machines and Programs with which a Program is designed to operate, as described in the Program's Specifications. 2125 -4575 -00 1/91 Page 3 of 23 1.2 Agreement Structure Attachments Some Products and Services have terms in addition to those we specify in this Agreement. We provide the additional terms in documents called "Attachments" which are also part of this Agreement. For example, we describe the additional terms for IBM Information Network Services in an Attachment. We make the Attachments available to you for signature. Transaction Documents For each order you place, we will provide to you the appropriate "Transaction Documents" that confirm the specific details of your order. The following are examples of Transaction Documents, with examples of the information they may contain: 1, supplements (Machine quantity and type ordered, price, estimated shipment date, and warranty period); 2. exhibits (eligible- Products by category, discount schedules, and available contract periods); 3. addenda (selected contract - period duration, start date, and total quantity or revenue committed); 4. statements of work (project schedule, responsibilities, and charges); and 5. invoices (item, quantity, price, amount due, and other typical invoice information). Conflicting Terms If there is a conflict among the terms in the various documents, those of an Attachment prevail over those of this Agreement. The terms of a Transaction Document prevail over those of both of these documents. Our Acceptance of Your Order A Product or Service becomes subject to this Agreement when we accept your order. We accept your order by doing any of the following: 1. sending you a Transaction Document; 2. shipping the Product; or 3. providing the Service. Your Acceptance of Additional Terms - You accept the additional terms in an Attachment or Transaction Document by doing any of the following: 1. signing the Attachment or Transaction Document; 2. using the Product or Service, or allowing others to do so; or 3. making any payment for the Product or Service. 1.3 Delivery We will use ot:r best efforts to meet your delivery requirements for Products and Services ;ou . order, and wil; inform you of their status. We pay normal transportation charges for Prodi cts we ship to you: 2125- 4575 -00 1/91 Page 4 of 23 1.4 Electronic Communications Each of us may communicate with the other by electronic means. Both of us agree to the following for all electronic communications: 1. an identification code (called a "USERID ") contained in an electronic document is legally sufficient to verify the sender's identity and the document's authenticity; 2. an electronic document that contains a USERID is a signed writing: and 3. an electronic document, or any :computer printout of it, is an original when maintained in the normal course of business. Electronic Data Interchange We may provide Electronic Data Interchange (called "EDI ") options to you. Electronic invoicing and electronic payment are examples of these Options. When using EDI options, each of us agrees: 1. when a bank is involved, to pay our respective bank charges and to promptly notify the other of any changes to the bank payment process; and 2. to promptly notify the other of any changes to the technology, process, or information upon which the EDI transactions are based. We will specify respective responsibilities for the EDI option you choose. 1.5 Prices and Price Changes The following are the bases on which we may require the amount payable for a Product or Service to be paid, with an example of each: 1. one -time (the price of a Machine); 2. recurring (a monthly charge for Maintenance Services); or 1 a combination of both (an initial charge and a monthly license charge for a Program). We will specify the amount and basis for the particular Product or Service. Price Increases We applies yon the first recurring of the charges appl cable giving nvo -you three period onthor after the notice. An effective Nate we specify in the notice. We may increase one -time charges and hourly rates without notice. However, an increase to one -time charges does not apply to you if 1) we receive your order before the announcement date of the increase and 2) one of the following occurs within three months after the announcement. 1. we ship you the Product; 2. with our authorization, you make an Additional license Copy of a Program or a copy of a Distributed Feature; or 3. a Program's group- upgrade charge becomes due. Price Decreases You receive the benefit of a decrease in charges for amounts which become due on or a1er the effective Bate of the decrease. Z125- 1575 -00 1/91 Page 5 of 23 1.6 Invoicing, Payment, and Taxes We invoice: 1. recurring charges (other than usage charges) for a Program and for Maintenance Services in advance for the applicable invoice period; 2. usage charges following the period in which you incur them; and 3. all other charges when or after you incur them. For a Product with 'a one -time charge, payment is due on its Date of Installation. Recurring charges for a Product begin on its Date of installation. You agree to pay as we specify in the invoice. You also agree to pay amounts equal to any applicable taxes resulting from any transaction under this Agreement. This does not include taxes based on our net income. You are responsible for personal property taxes for each Product from the date we ship it to you. 1.7 Additional Charges Depending on the particular Product, Service, or circumstances, additional charges may apply. For example, if we are required to use other than private automobile or scheduled public transportation to provide Maintenance Services to you, we charge an additional amount. We will notify you in advance if these charges apply. 1.8 Types of Service for Machines We provide certain types of service for a Machine to keep it in, or restore it to, good working order during its warranty period or while it is under Maintenance Services. The following terms apply to both warranty service and Maintenance Services. Depending on the Machine, the service may be 1) a "Repair" service at your location (called "On-site" or at one of our to or Carry-in. We will ll info rm you( ) i of the available types of service for a Machine. either e. Under Maintenance Services, you may select the type of service from those available for the Machine. We require that a Machine and its features have the same type of service. We offer On -site types of service 24 hours �a day, seven days a week. Carry-in types of service are available during the normal business hours of our service locations. When a type of service involves the exchange of -a Machine or part, the item we replace becomes our property and the replacement becomes yours. The replacement may not be new, but will be in good working order. Under Carry-in service, Instead of delivering the failing Machine to us, if you prefer, you may ship it (prepaid and suitably packaged) to a location we designate. After we have repaired or exchanged the Machine, we will return it to you at our expense. Under On -site Exchange service, depending on the nature of the failure, we may repair 'he failing Machin - at your site instead of exchanging it. We are responsible for loss of, or damage to, your Machine while it is 1) in our possession or 2) in transit in those cases where we are responsible for the transportation charges. Z125 -4575 -00 1/91 Page 6 of 23 You agree to: 1. obtain authorization from the owner to have us service a Machine that you do not own; 2. where applicable, before we provide service — a. follow the problem determination, problem analysis, and service request procedures that we provide, - b. secure all programs, data, and funds contained in a Machine, c. inform us of changes in a`Machine's location, and d. for a Machine with Exchange service, remove all features, parts, options, alterations, and attachments not under our service. You also agree to ensure that the Machine is free of any legal obligations or restrictions that prevent its exchange; 3. be responsible for loss of, or damage to, a Machine in transit in those cases where you are responsible for the transportation charges; and 4. on completion of Carry-in Repair service, connect a repaired Machine and verify its operation. - 1.9 Patents and Copyrights If a third party claims that a Product we provide infringes a patent or copyright, we will defend you against that claim at our expense and pay all costs, damages, and attorney's fees that a court finally awards, provided that you: 1. promptly not:fv us in writing of the claim; and 2. allow us to control, and cooperate with us in, the defense and any related settlement negotiations. If such a claim is made or appears likely to be made, you agree to permit us to enable you to continue to use the Product, or to modify or replace it. If we determine that none of these alternatives is reasonably available, you agree to return the Product to us on our written request. We will then give you a credit equal to your net book value for the Product, provided you have followed generally - accepted accounting principles. This is our entire obligation to you regarding any claim of infringement. Claims for Which We are Not Responsible _. ` We have no obligation regarding any claim based on any of the following: 1. your modification of a Product, or a Program's use in other than its Specified Operating Environment; 2. the combination, operation, or use of a Product with any product, data, or apparatus that we did not provide; or 3. infringement by a non =IBM Product alone, as opposed to its combination, operation, or use as part of a system of Products that we provide to you. 1.90 Limitation of Liability Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us. In each such instance, regardless of the basis on which you are entitled to claim damages from us, we are liable only for: 1. payments referred to in our patent and copyright terms described above; 2. bodily injury (including death), and damage to real property and tangible pers,.)nal property, and Z125- 4575 -00 1/91 Page 7 of 22 3. the amount of any other actual loss or damage, up to the greater of $100,000 or the charges (if recurring, 12 months' charges apply) for the Product or Service that is the subject of the claim. g developers. It is the This limit also applies to any of our subcontractors and Program develop maximum for which we are collectively responsible. Items for Which We are Not Liable Under no circumstances are we liable for any of the following: 1. third -party claims against you for losses or damages (other than those under the first two items listed above); 2. loss of, or damage to, your records or data; or 3. economic consequential damages (including lost profits or savings) or incidental damages, even if we are informed of their possibility. 1.11 Mutual Responsibilities Both of us agree that under this Agreement: 1. neither of us will use the other's trademark, trade name, or other designation in any promotion or publication without prior written consent; 2. all information exchanged is nonconfidential. If either of us requires the exchange of confidential information, it will be made under a signed confidentiality agreement; 3, each is free to enter into similar agreements with others; 4. each grants the other only the licenses specified. No other licenses (including licenses under patents) are granted; 5. each will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations; and 6. neither of us will bring a legal action more than two years after the cause of action arose. ,1.12 Your Other Responsibilities You agree: 1. not to assign this Agreement or your rights under it, delegate your obligations, or resell any Service without prior written consent. Any attempt to do so is void; 2. to acquire Machines with the intent to use them within your Enterprise and t for reselling, leasing, or transferring to a third party, unless either of the following applies a. you are arranging lease -back financing for the Machines, or b. you purchase them Iwithout any discount or allowance, and do not remarket them in competition with our authorized remarketers; 3. to allow us to install mandatory engineering changes (such as those required for safety) on a Machine. Any parts we remove become our property; 4. that you ar: responsible for the results obtained from the Products and Services; 5. to comply with all applicable government export laws and regulations; and 6. to provide us with full, free, and safe access to your facilities for us to fulfill cur obligations. If you become aware of any unsafe conditions or hazardous materials to which our personnel would be exposed at any of your facilities, you agree to prom•itly notify us. 2125 -4575 -00 1/91 Page 8 of 23 1.13 Your Additional Rights You may have additional rights under certain laws (such as consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you. 1.14 IBM Business Partners We have signed agreements with organizations Products andc5erviceBM Business hosenrthese promote, .market, and support some of our organizations because of their skills and experience in a particular field. When you order our Products or Services (marketed to you by these organizations) under this Agreement, we confirm that we are responsible for providing them to you under the warranties and other terms of this Agreement. We are not responsible for 1) the action or these organizations, 2) any additional obligations they may have to you, or 3) any products services that they (and not us) may supply to you. 1.15 Changes to the Agreement Terms In order to maintain flexibility in our Products, Services, and Options, we may change the terms of this Agreement by giving you three months' written notice. However, these changes are not retroactive. They apply, as of the effective date we specify in the notice, only to new orders (those we receive on or after the date of the notice) and to on -going transactions, such as licenses and Services. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms in any order or written communication from you are void. 1.16 Agreement Termination You may terminate this Agreement on written notice to us following the expiration or termination of all your obligations. Either of us may terminate this Agreement if the other does not comply with any of its terms, provided the one who is not complying is given written notice and reasonable time to comply. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and apply to respective successors and assignees. 1.17 Geographic Scope. All your rights, all our obligations, and all licenses (except for Licensed Internal Code and as specifically granted) are valid only in the United States and Puerto Rico. 1.18 Governing Law The laws of the State of New York govern this Agreement. Z125 -4575 -00 1/91 Page 9 of 23 .. Customer Agreement Part 2 - Warranties 2.1 The IBM Warranties Warranty for IBM Machines For each IBM Machine, we warrant that it: 1. is free from defects in materials and workmanship; and 2. conforms to its Specifications. The warranty period for a Machine is a specified, fixed period. We calculate its expiration from the Machine's Date of Installation. During the warranty -period, we provide warranty service under the type of service we designate for the Machine or under the alternative service you select under Maintenance Services. For us to provide warranty service for a feature, conversion, or upgrade, we require that the Machine on which it is installed be 1) the designated, serial- numbered Machine and 2) at an engineering - change level compatible with the feature, conversion, or upgrade. During the warranty period, we manage and install engineering changes that apply to the Machine. If a Machine does not function as warranted during the warranty period, we will repair or replace it without charge. If we are unable to do so, you may return it to us and we will refund your money. Warranty for IBM Programs For each warranted IBM Program, we warrant that: 1. we have the right to license it; and 2. it conforms to its Specifications. The warranty period for a Program expires when its Program Services are no longer available. During the warranty period, we provide warranty service, without charge, for a Program through Program Services. Program Services are available for a warranted Program for at least one year following its general availability. Therefore, the duration of warranty service depend on when you obtain license, o we are unable to make the Program function t a ft on as return obtain to your and we will refund your money. Warranty for IBM Services For each IBM ;service, we warrant that we perform it: 1. in a workmanlike manner; and 2. according to its current description contained in this Agreement, an Attachment, or a Transactio-i Document. Z125 -4575 -00 1/91 Page 10 of 23 PARR 2.3 Warranty for Systems Where we provide Products to you as a system, we warrant that they are compatible and can operate with one another. Warranty for Integrated Systems For each integrated system we .deliver to you under a Statement of Work for Systems Integration Services, we warrant' thlat it meets its Completion Criteria as specified in the Statement of Work. The warranty period for an integrated system is a fixed period as specified in the Statement of Work. It begins on the date we deliver the system to you. c rr integrated system without charge. if we are unable to during the o, you warranty system will correct the deficiency 9 to us and we will refund your money. Extent of Warranty If a Machine is subject to federal or state consumer warranty laws, our statement of limited warranty included with the Machine applies in place of these Machine warranties. Misuse, accident, modification, unsuitable physical or operating environment, operation in other than the Specified Operating Environment, improper maintenance by you, or failure caused by a product for which we are not responsible may void the warranties. THESE WARRANTIES REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Items Not Covered by Warranty We do not warrant uninterrupted or error -free operation of a Product or Service. We will identify IBM Products and Services that we do not warrant. We provide non -IBM Products and Services on . an "AS IS" basis. However, non -IBM manufacturers, suppliers, or publishers may provide their own warranties to you. Z125- 4575 -00 1/91 Page 11 of 23 Customer Agreement Part 3 - Machines 3.1 Title When we accept your order, we agree to sell you th our Machine describe ship the Transaction Machine Document. We transfer title to you or,, if you choose, y amount d However-we reserve featu purchase money security conversion, or upgrade einvoly until we of receive the which amounts due. For ts due and became our property, we reserve the g security interest 1 t u tonperfect our the removed parts. You agree to sin an appropriate document to perm purchase money security interest. 3.2 Risk of Loss - We bear the risk of loss for the Machine through its Date of Installation. Thereafter, you assume the risk. 3.3 Production Status Each Machine is manufactured from new parts, or new and serviceable used parts (which perform like new parts). In some cases, the Machine may not be new and may have been previously installed. Regardless of the Machine's production status, our warranty terms apply. 3.4 Installation For the ut properly, installed suitable physical environment. You agree to provide anenvirronment m et ng our specified requirements for the Machine_ We design our standard installation procedures tQ ensure that each Machine we install is in good working order and meets its Specifications. We will successfully complete these procedures before we consider the Machine installed. You eo� to doiso) a�d for 'he installation of arnon -IBM Machine. Machine provide instructions to enable y Machine Features, Conversions, and Upgrades We sell features, conversions, and upgrades for installation only on designated, serial - numbered Machines. You represent that you have the permission of the owner (if you are not the owner of the Machine) and any lien holders to 1) install features, conversions, and upgrades and 2) transfer removed parts to us. Some of these transactions (called "Net- Priced" transactions) include associated replacem ant parts. We pr -)vide these parts on an exchange basis. All removed parts in a Net -Prit ed transaction become our property. For a Net - Priced transaction, you agree to allow us to install it within 30 days of its delivery and to recover the removed parts. Otherwise, we may terminate the transaction and you must return the feature, conversion, or upgrade to ur at your expense. Z125 -4575 -00 1/91 Page 12 of 23 3.5 Licensed Internal Code Certain Machines we specify (called "Specific Machines ") use Licensed Internal Code (called "Code "). We own copyrights in Code. We own all copies of Code, including all copies made from them. We will identify each Specific Machine in a Transaction Document. If you are the rightful possessor of a Specific Machine, we grant you a license to use the Code (or any replacement we provide) on, or in conjunction ;with, only the Specific Machine, designated by serial number, for which the Code is provided. We license the Code to only one rightful possessor at a time. Under each license, we authorize you to do only the following: 1. execute the Code to enable the Specific Machine to function according to its Specifications; 2. make a backup or archival copy of the Code (unless we make one available for your use), provided you reproduce the copyright notice and any other legend of ownership on the copy. You may use the copy only to replace the original, when necessary; and 1 execute and display the Code as necessary to maintain the Specific Machine. You agree to acquire any replacement for, or additional copy of, Code directly from us in accordance with our standard policies and practices. You also agree to use that Code under these terms. You may transfer possession of the Code to another party only with the transfer of the Specific Machine. If you do so, you must 1) either give the other party all your copies of the Code or destroy them, and 2) give the other party a copy of this page with the Specific Machine's identification information filled in below. We license the other party when it accepts these terms by initial use of the Code. These terms apply to all Code you acquire from any source. Your license terminates when you no longer rightfully possess the Specific Machine. Actions You May Not Take You agree to use the Code only as authorized above. You may not do, for example, any of the following: 1. otherwise copy, display, transfer, adapt, modify, or distribute the Code (electronically or otherwise), except as we may authorize, in the Specific Machine's Specifications or in writing to you; 2. reverse assemble, reverse compile, or otherwise translate the Code; 3. sublicense or assign the license for the Code; or 4. lease the Code or any copy of it. INFORMATION FOR SUBSEQUENT LICENSEE OF LICENSED INTERNAL CODE This page is copied from the IBM Customer Agreement and is provided to the subsequent licensee when Code is transferred. The Specific Machine being transferred is identified as: Type /Model Serial Number The follcwing definitions are provided for the subsequent licensee of the Code. 1. "We" means International Business Machines Corporation (IBM); 2. "Transaction Document" does not apply to you. The above Type /Model anr; Serial Number identify the Specific Machine to you; 3. "You" means the subsequent licensee of the Code; and 4. "Specifications" means IBM's Official Published Specifications. Z125 -4575 -00 1/91 Page 13 of 23 Customer Agreement Part 4 - Programs 4.1 Grant of License When we accept your order, wi-.,- .grant you a license for the Program. Programs are copyrighted and licensed (not sold), `,We do not transfer title to Programs to you. 4.2 License Details Under each license, we authorize you to: 1. use the Program's machine - readable portion on only the Designated Machine, unless — a. the Designated Machine is inoperable. You may then use the Program on a backup Machine, b. the Designated Machine cannot assemble or compile the Program. You may then assemble or compile it on another Machine, c. we grant an "Installation License." You may then use the Program on any other Machine in the same or adjoining rooms as the Designated Machine, or d. we grant a "Location License." You may then use the Program on any other Machine in the same building with the same mailing address as the Designated Machine. If you change the Designated Machine, you agree to notify us of the change and its date; 2. store the Program's machine - readable portion in, transmit it through, and display it on, Machines associated with the Designated Machine; 3. do the following to support your authorized use as described above — a. modify the Program's machine- readable instructions or data, or merge them into another Program, and b. make copies of the Program, provided you reproduce the copyright notice and any other legend of ownership on each copy or partial copy; and 4. use any portion of the Program we mark restricted (for example, "Restricted Materials of IBM ") only to — ` a. resolve problems related to the use of the Program, and b. modify the Program so that it will work together with other products. You agree to comply with any additional terms (for example, a usage restriction) that a Program's Specifications may contain. We provide the Specifications to you with the Program. For an "AS IS" Program, any additional terms are contained in a document called "Notice of Availability." Actions You May Not Take You agree not to do any of the following: 1. sublicense, assign, or transfer the license for any Program; 2. distribute aiy Program to any third party; or 3. reverse assemble, reverse compile, or otherwise translate any Program. 2125- 4575 -00 1191 Page 14 of 23 4.3 Distributed Features Some Programs have features (called "Distributed Features ") that are designed to work with those Programs (called "Associated Programs "). After we accept your order for a Distributed Feature, we authorize you to: 1. make a copy of the Distributed Feature and its documentation; and 2, distribute the copy to, and use. it on, a Machine other than the Designated Machine of the Associated Program. You m q'%use the copy on only one Machine at a time. Persons using a Machine outside of your Enterprise may use the copy only to access the Associated Program. 4.4 Additional License Copies You may order additional licenses for Programs. If you prefer, for each license we grant, rather than shipping_ you another copy of the Program, we will authorize you to make an additional copy (called an "Additional License Copy "). For some Programs, you may make a copy under a Distributed System License Option (called a "DSLO" license). We charge less for a DSLO license than we do for the original license (called the "Basic" license). In return for the lesser charge, you agree to do the following while licensed under a DSLO: have a Basic license for the Program; 2. provide problem documentation and receive Program Services (if any) only through the location of the Basic license; and 3. distribute to, and install on, the DSLO's Designated Machine, any release, correction, or bypass that we provide for the Basic license. 4.5 Program Testing We provide a testing period for certain Programs to help you evaluate if they meet your needs. The testing period for a Program starts 1) 10 days after we ship it or 2) on the day we authorize you to make an Additional License Copy. We will inform you of the duration of the Program's testing period. For the first order for each Distributed Feature, the testing period is the same as its Associated Program. We do not provide a testing period for a Program under a DSLO license. 4.6 Program Packages We provide certain Programs together with their own license agreements. These Programs (called "Program Packages ") are licensed under the terms of the agreements provided with them. This Agreement's patent and copyright terms apply to IBM Program Packages. For a Program+ Package, we may specify that: 1. Additional License Copies apply. If so, these copies are subject to the terms of :he Program P'ackage's agreement, except that you may not transfer them; and 2. a testing period applies. If so, and you return the Program Package to us before the -nd of the testing period, we will refund your money. If a Program, Package has Distributed Features, this Agreement's terms regarding Distri►)uted Features apply. 2125- 4575 -00 1/91 Page 15 of 23 4.7 Program Protection For each Program, you agree to: 1, if it is a data base, allow access to it only to your employees; 2. ensure that anyone who uses it (accessed either locally or remotely) does so only for your authorized use and complies with our terms regarding Programs; and 3. maintain records of all copies,..,.,, 4.8 Program Services We provide Program Services for warranted Programs and for selected other Programs. If we can reproduce your reported problem in the Specified Operating Environment, we will issue defect correction information, a restriction, or a bypass. We provide Program Services for only the unmodified portion of a current release of a Program. We provide Program Services 1) on an on -going basis (with at least six months' written notice before we terminate services for a Program), 2) until the date we specify, or 3) for a period we specify. 4.9 Variable - Charge Programs We may place a Machine in a Machine group. The charges for some Program licenses depend on the group of the Designated Machine. We call these Programs "Variable- Charge" Programs. Variable charges include graduated charges and processor -based charges. We will specify the group for a Machine and will inform you of any changes. For these licenses, the following apply_ 1. if you change (including upgrade or downgrade) a Designated Machine to a Machine in another group, you may incur a group- upgrade charge or a changed recurring charge. You agree to promptly notify us of the date of such a change; 2. if we reassign a Designated Machine to a Machine group with different charges, Program licenses with one -time charges due or paid before the reassignment are not affected. Otherwise, our price change terms apply; and _ 3. if a change or reassignment results in a lower charge, we do not give credits or refunds for one -time charges already due or paid. ' 4.10 License Termination You may terminate the license for a Program on one month's written notice or at any time during the Program's testing period. For some Programs, if you terminate the license and replace that Program with another we specify, we only require you to pay an upgrade charge. We may terminate any license we grant in this Part if you do not meet your obligations regarding Programs. You agree to cestroy all copies of the Program within three months after license terminating. However, you may keep a copy in your archives. Z125-4575-00 1 /91 Page 16 of 23 Customer Agreement Part 5 - Services 5,1 Maintenance Services You may select the type of servLOe, from those available for the Machine. When we accept your order, we agree to service the Machine described in a Transaction Document. Based on the type of service, we will restore, the Machine to good working order or exchange it. We may also perform preventive maintenance, including lubrication, adjustments, and replacement of parts. We manage and install engineering changes that apply to the Machine. We will inform you of the date on which Maintenance Services begin. We may inspect the Machine within one month following that date. If the Machine is not in an acceptable condition for service, you may 1) have us restore it for a charge or 2) withdraw your request for Maintenance Services and we will refund any amounts you have paid to us for its service. For a Machine under a usage plan, you agree to provide us with the meter reading as of the last working day of the period that the minimum maintenance charge covers. We provide Maintenance Services for selected non -IBM Machines only when they are connected to certain IBM Machines. When a type of service involves the exchange of a non -IBM Machine, the replacement may not be identical. Maintenance Services do not cover accessories and certain parts, such as frames and covers. In addition, Maintenance Services do not cover service of a Machine damaged by misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you, or failure caused by a product for which we are not responsible. Alternative Service During Warranty For certain Machines, at any time during the warranty period, you may select a different type of service from that which we designate for the Machine. For example, if you prefer On -site service to Carry-in, it may be available. We will inform you of the available types of service for the Machine and the available alternative service periods. We provide the alternative type of service for an additional charge. When the alternative service ends, we will continue Maintenance Services for the Machine under the same type of service you selected. (Maintenance Services Termination You may terminate Maintenance Services for a Machine on one month's written notice to us under any of the following circumstances: 1, after it has been under Maintenance Services for at least six months; 2. if you remove it from productive use within your Enterprise; 3. as of the effective date of an increase in Maintenance Services charges; or 4. if you terminate coverage for a Maintenance Service Option under our terms for 1) removal of a Machine type from eligibility or 2) increased total adjusted charges for Maintenance Services. We may terminate Maintenance Services for a Machine on three months' written notice, provided it has'been under Maintenance Services for at least one year. Either of us mJy terminate service for any Machine if the other does not meet its obligatio•is concerning Maintenance Services. On termination of service for a Machine, we will give y)u any applicable. credit. Z1254575 -00 1/91 Page 17 of 23 5.2 Continuing Support Services We provide. Continuing Support Services on a contract - period basis to assist you in such areas as improving the availability of your systems and improving your productivity. We provide the terms specific to a Service in an Attachment. If we make a change to the terms of an Attachment that 1) affects your current contract period and 2) you consider unfavorable, on your request, we will defer it until the end of that contract period. We will specify the eligible Producis, applicable prerequisites and minimum commitments, exit - option percents, and available contract periods for a Service. We will also inform you periodically of any changes. These changes apply only to orders that we confirm on or after the effective date of the change. When we accept your order, we will confirm the specific details of the Service in a - Transaction Document. You may select a start date for the Service that is within three months following the effective date we specify in the Transaction Document. During a contract period, we may increase charges. An increase becomes effective on the next anniversary of the start of a contract period, following the effective date we specify in the notice. When an increase results in a change to your total monthly charge for a Service of more than the exit- option percent we specify, you may terminate that Service on the effective date of the increase. Adjustment or termination charges do not apply in this case. You may request a change to the Services you have selected on one month `s notice. If we agree, we will confirm the change to you with, applicable adjustments in charges. Each of us agrees to notify the other (before your current contract period expires) if they do not intend to renew. Continuing Support Services Termination You may terminate a Continuing Support Service by providing us one month's written notice upon fulfillment of any minimum commitments. The termination of Services with contract periods longer than one year results in adjustment charges. In this case, you agree to pay the lesser of: 1. the difference between the total charges you paid through the termination date and those you would have paid for the shorter contract period; 2. the monthly charge multiplied by the applicable adjustment charge factor; or 3. the total charges remaining to complete the contract period. 5.3 Project Support Services The Project Support Services we make available to you include providing general assistance on a technical task (such as writing programs), providing consulting services, acting as a prime contractor to deliver an information handling function, and providing Systems Integration Services. When we accept your order, we agree to provide the Services described in the Statement of Work. We require a separate Statement of Work, signed by both of us, for each project. y We manage the project unless the Statement of Work specifies that you manage it. If you are responsible, then we only provide Services to assist you. 2125 -4575 -00 1/91 Page 18 of 23 The Statement of Work includes: 1. our respective responsibilities; 2. an estimated schedule which we provide for planning purposes; 3. the specific conditions, if any, (called the "Completion Criteria ") that we are required to meet to fulfill our obligations; and 4. applicable charges and any other terms. Each of us agrees to make reasonable efforts to carry out our respective responsibilities according to the estimated schedule. However, if Completion Criteria are applicable, then the project is complete when we meet those criteria. Changes to the Statement of Work When both of us agree to change a Statement of Work, we will prepare a written description of the change (called a "Change Authorization "). The Change Authorization becomes effective when we provide it to you. It need not be signed, unless either of us requests signature. Any change in the Statement of Work may affect the charges, estimated schedule, or other terms. Depending on the scope of the requested change, we may charge you for our effort to analyze it. We will then give you a written estimate of the charges for the analysis. We will perform the analysis only on your written authorization. Personnel Each of us will authorize a person to represent us during the project. Each will 1) address all notices to the other's representative and 2) promptly notify the other in writing if this person is replaced. Each of us is responsible for supervising and controlling only our own personnel. We will try to honor your requests regarding the assignment of our personnel to your project. However, we reserve the right to determine the assignment of our personnel. Ownership and License During a project, we may deliver to you work product (called "Materials "), such as programs, program listings, programming tools, documentation, reports, and drawings. The Statement of Work will specify if Materials are applicable to the project. It will identify them as being "Type I Materials," "Type II Materials," or otherwise as we both agree. Type I Materials are those, created during the project, in which you will have all right, title, and interest (including ownership of copyright). We will retain one copy of the Materials. You grant us 1) an irrevocable, nonexclusive, worldwide, paid -up license to use, execute, reproduce, display, perform, distribute (internally and externally) copies of, and prepare derivative works based on .Type I Materials and 2) the right to authorize others to do any of the former. Type II Materials are those in which we or third parties have all right, title, and interest (including ownership of copyright). We will deliver one copy of the Materials to you. We grant you an irrevocable, nonexclusive, worldwide, paid -up license to use, execute, reproduce, display, perform, and distribute (internally only) copies of Type II Materials. Each of us agrees to reproduce the copyright notice and any other legend of ownership on any copies made under the licenses granted in this Part. Z125 -4575 -00 1/91 Page 19 of 23 Project Support Services Termination You may terminate a project on written notice to us. We may terminate a project if you do not meet your obligations concerning it. Upon termination, we will stop our work in an orderly manner as soon as practical. You agree to pay us for all Services we provide and any Materials we deliver through the project's termination. Payment includes any charges we incur in terminating subcontracts. Additional Terms for Systems Integration Services When the Statement of Work specifies Systems Integration Services, we provide you with an integrated system that may consist of a combination of Products, Services, Materials, and other items. We design, develop, deliver, install, and support the system as described in the Statement of Work. The Statement of Work contains the Completion Criteria. We will inform you when we meet each of them. You then have 10 days to inform us if you believe that we have not met the Completion Criteria. - 5.4 IBM Information Network and Other Services IBM Information Network Services The IBM Information Network (called "IBM IN ") Services we make available to you include access to, and use of, IBM IN machines, programs, networking facilities, and associated communications and support services. We provide the terms specific to IBM IN Services in an Attachment. On -line Services We make on -line Services available to you, including access to certain of our information data bases. We provide these Services to you through a connection to IBM IN. We provide the terms specific to an on -line Service in an Attachment. We may specify that you accept the terms of IBM IN Services as a prerequisite to an on -line Service. Other Services We make other Services available to you that are not associated with the Services described in this Part. For these Services, we provide all the additional terms in Attachments. Z125 -4575 -00 1/91 Page 20 of 23 - _ = Customer Agreement Part 6 - Options 6.1 Volume Discounts We provide discounts for certain Products based on the volume of business you agree to do with us (called your "Commitment "j.during a contract period. You may make a Commitment based on either Product quantity or revenue. Revenue for a Product is its single -unit charge, less any discounts or allowances. We will specify the eligible Products, their categories, available discount percents and contract periods, upper -limit percents, and adjustment charge factors. We will inform you periodically of any changes. An unfavorable change (and all changes related to it) applies to an existing Commitment only if you accept it in writing. Related changes become effective at the same time. We will also inform you if we withdraw eligible Products from marketing. We then accept orders you place for these Products subject to their availability. Unless we specify otherwise, we do not discount Program upgrades, Program features ordered separately from Programs, accessories, or field- installed Machine features, conversions, or upgrades. End User Certification You agree to acquire the Products for use only within your Enterprise and not for remarketing. We call this representation "End User Certification." We provide the discounts to you based on End User Certification. How You May Obtain the Discounts If you wish to obtain the discounts, you agree to sign an Addendum specifying your Commitment, and selected contract- period start date and duration. During the contract period, you may increase your Commitment or extend the contract period (subject to our approval) by signing a revised Addendum. If you extend, you agree to increase your Commitment so that the new discount percent is at least equal to your current discount percent. Any increased discount percent applies to all eligible Products for which Date of Installation is on or after the date we receive your signed Addendum. How We Apply the Discounts We apply the discount to the single -unit charges of eligible Products that you acquire from us during the contract period. The charges are the lesser of 1) those generally available at the time of acquisition or 2) the announced charges in effect on the date we receive the initial Addendum, subject to our price change terms described below. We count specified Products that you acquire from our authorized remarketers when we receive the required certification. Adjustment charges do not apply to these Products. We may place some Products in a dependent category with an associated controll °ng category. To determine the discount percent applicable to either category, we count quantities or r :venue for only those Products in the controlling category. Price Changes — During a cowract period, we may increase or decrease charges. We apply your discount to the new charges as follows: 1. we establish a maximum charge (called an "Upper Limit ") for each Product in a committed category for each year of a contract period. We determine the Upper Limit by increasing the announced charge in effect, as of the date we receive the initial Addendum, 2125 -4575 -00 1/91 Page 21 of 23 by a certain amount. We calculate this amount by multiplying that charge by the upper -limit percent we specify at the time of your Commitment; 2. for an increase, we apply the discount to either the increased charge or the Upper Limit, whichever is less; and 3. for a decrease, we apply the discount to the decreased charge, provided you accept any related changes in terms we may have made after your Commitment. Otherwise, you may select 1), the decreased charge without. discount or 2) the discounted charge available to you before the decrease. Adjustment Charges If you have not met your Commitment by the end of the contract period, you agree to pay adjustment charges. The adjustment charge for each Product is either: 1. the difference between the discounted amount we charged you and the discounted amount which you were entitled to receive; or 2. the result of multiplying the adjustment charge factor by the number of discount percentage points between what we gave you and what you were entitled to receive. We will inform you which method we use for a particular Product. For a revenue -based Commitment, the total of the adjustment charges will not be more than the difference between your Commitment and the actual revenue you attained. International Discounts For our international customers, we provide volume discounts based on worldwide Commitments. To allow you to participate in such a Commitment, this Agreement may be modified by a signed international agreement. You, your international enterprise coordinator, and we will sign the relevant Transaction Document, unless the coordinator exempts you from signing. That Transaction Document becomes part of this Agreement. 6.2 Maintenance Service Options We provide Maintenance Service Options for certain Machines. If you wish to obtain the benefit of lower charges available under an Option, you agree to assume additional, specified responsibilities. We provide the terms specific to an Option in an Attachment. We will specify the eligible Machine types, eligible types of service, available discount percents and contract periods, exit - option percents, and notice requirements for termination of each contract period, as applicable to each Option. We will also inform you periodically of any changes. We will defer an unfavorable change (and all changes related to it) until the end of your contract period, if you request it in writing before the effective date of the change. Related changes become effective at the same time. 6.3 Payment Options Extended Maintenance Option You may select the Extended Maintenance Option (called the "EMO") for certain Machines-. Under this Option, we adjust your Maintenance Services charges based on your prepaym::nt of those charges during an available contract period. We will specify the eligible Machine types and available contract periods. We will also inform you periodically of any changes. A change applies only to Machines you add under this Option on or after the effective date of the change. Z125 -4575 -00 1/91 Page 22 of 23 The Transaction Document will list the Machines covered and the dates of coverage for the contract period you have selected for each Machine. You may select EMO in addition to other Maintenance Service Options. We then adjust the Machine's EMO charge based on the applicable discounts which you are entitled to receive under those Options. While under this Option, you agree to maintain coverage under all the Services and other Options on which we base the Machine's EMO charge. For a Machine not yet installed oc. set up, coverage starts on its Date of Installation_ For an installed Machine, coverage starts -on- a mutually - agreed -to date. If applicable, the contract period includes the Machine's warranty period. We calculate the EMO charge for a Machine using the announced Maintenance Services charges and any applicable discounts in effect for the Machine when coverage begins. EMO charges are not refundable after coverage has started for the Machine. Both of us agree that if a feature, conversion, or upgrade is installed on a Machine while it is under this Option, 1) an additional charge may apply and 2) the feature, conversion, or upgrade is subject to the remaining portion of the contract period. If we increase the EMO charge, the increase does not apply to a Machine not yet installed or set up, unless we give you at least three months' notice before its scheduled date of shipment. If we decrease the EMO charge before coverage has begun for a Machine, you receive the benefit of the decrease. We will give you at least three months' notice of a Machine's eligibility for renewal. At the end of your contract period, we will continue Maintenance Services for the Machine (if available), unless you request us not to do so. If you transfer coverage for a Machine to a third party, you agree to inform that party 1) of the applicable terms of this Agreement and 2) that it must notify us in writing of the transfer, the location of the Machine, and acceptance of coverage. If that party does not wish to maintain coverage under all the Services and other Options on which we base the Machine's EMO charge, you agree to pay the transfer charge that we specify. Invoicing Options We make Invoicing Options available to you for certain Products and Services to provide flexibility in payment terms. We provide the terms specific to an Option in an Attachment. We will specify the eligible Products, Services, and charges, and the available contract periods, invoicing schedules, and environments which may be covered by an Option. We will also inform you periodically of any changes. Together, we will estimate your requirements for the applicable Products and Services. We use this estimate to determine the total charges that we will invoice, distributed according to the schedule you select. These invoiced amounts replace the applicable charges otherwise due. Depending on the Option, the total charges may be subject to adjustments. The Transaction Document, signed by both of us, will list the date from which we provide the selected Option to you and its other details. 6.4 Special Options In order to meet your specific requirements, we may provide Special Options to you. Under these Options. we are willing to provide special terms and tailor our processes for you. I've will describe cur mutual commitments under a Special Option in a Transaction Document. Z125- 3575 -00 1/91 Page 23 of 23 RESOLUTION OF THE ORANGE COUNTY BOARD OF COUN'T'Y COMIVIISSIONERS Date anuar 6 1992 Name of Subdivision Shenandoah Owner /Applicant Richard H. Swank for Laura Reaves Rosa B. Stone and Thomas F. Stone The Board of County Commissioners hereby approves Shenandoah subdivision preliminary plat, dated September 10, 1991 and containing 6 lots, subject to the fulfillment of requirements specified herein. A. Sewage Disposal 1. 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. Sabre Court shall be constructed to Class B private road standards within a 50 foot right -of -way. Sabre Court shall be inspected, and the construction certified in writing to the Orange County Planning Department by a North Carolina Professional Engineer, or a North Carolina Registered Land Surveyor. The location of the travelway within the platted private road right -of -way shall also be certified. 1 Eon -Y A letter of credit, escrow agreement, or bond shall be submitted to secure construction and inspection of Sabre Court to Class B private road standards. An estimate of the construction and certification costs 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 certified by a North Carolina Professional Engineer or a North Carolina Registered Land Surveyor. 2. Submit an erosion control plan for construction of the road. 3. A Private Road Maintenance Agreement for Sabre Court shall be submitted to the Planning and Inspections Department and approved by the County Attorney. 4. A provision that there be no further subdivision of any lot created by this subdivision 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. A 10' by 70' sight triangle shall be shown at the entrance of the subdivision. 6. Lots 1 and 6 shall have access restricted to Sabre Court. All lots shall access onto the new subdivision roads. 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. 7. Approved street name intersection signs shall be erected at the of streets as 'g � - - - -- required "in Section - iV--B- 3 -c =1T t t ie 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. C. Land Use Buffers and Landscaping 1. Landscaping shall be preserved as indicated on the approved landscape plan, and must be inspected and approved by the Planning and Inspections Department. C-I 0) r` C� _ 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. D. Drainage 1. The floodway and floodway fringe of Phil's Creek and the tributary on the eastern boundary shall be noted on the face of the Final Plat. Development restrictions within the floodplain shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 2. (PW -II only) Impervious surface dates as pursuant to Article 6:25.4 of the Zoning Ordinance shall be included in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 3. A stream buffer shall be provided as shown on the Preliminary Plat along Phil's Creek and its tributary. The width of the buffer shall be stated on the face of the plat. Development restrictions within the buffer shall be specified in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. E. Parkland 1. The applicant shall dedicate to Orange County a 10 -foot wide strip of recreation /open space to be shown on the Final Plat located within 30' of the center of Phil's Creek as shown on the Preliminary Plat. The approval of this resolution by the Board of Commissioners of Orange County authorizes and directs the Orange County Manager to accept for Orange County and on behalf of the public generally the parkland_ and pedestrian easements shown on the Final Plat(s). The acceptance by Orange County of the dedication of the parkland and pedestrian easements shall be without maintenance responsibility. 2. A 10 -foot wide public dedication shall be made by non - warranty deed to Orange County for recreation /open space purposes within the conservation easement along Phil's Creek. The dedication shall be located within 30 feet of the centerline of Phil's Creek, subject to approval by Orange County Recreation and Parks. It shall be labelled on the Final Plat with the total area of the dedication and "Property of Orange County for recreation /open space purposes ". 3 F. 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. 2. The following natural and man-made site features shall be shown on the plat: (Include streams, rivers, ponds, lakes, swamps, marshes, sites in "Inventory", houses, barns, sheds, railroads, overhead utility lines, cemeteries) a. Phil's Creek; and b. Tributary to Phil's Creek on eastern boundary 3. The following easement shall be shown on the plat: a. 15 -foot pedestrian access.. easement along -the. northezn , boundary of lot 2 to connect lot 1 with the conservation easement. 4. A setback of 40 feet shall be maintained as measured from the edge of right -of -way of Sabre Court. Side yards shall be a minimum of 20 feet, and rear yards a minimum of 20 feet. There is also a setback for impervious surface 20 feet from the edge of the stream buffer. These setback requirements shall be stated on the plat, and in a document describing development restrictions and requirements to be prepared by Planning Staff and recorded concurrently with the Final Plat. 5. On the Final Plat, include the Plat Book reference for "Shenandoah IV, and label the control corner. 6. Pursue negotiations with Triangle Land Conservancy or other qualified public /private entity for dedication of the conservation easement as shown on the Preliminary Plan. Submit final copy of the easement agreement to Orange County for review. Such agreement shall include the following: a. If the easement is dedicated by the current owner, all residents of the subdivision -shall be perrriitfed to access the conservatio' easement consistent with the agreement granted to Triangle Land Conservancy. b. Orange County shall be designated alternate Grantee in the event Triangle Land Conservancy ceases to exist or no longer desires to hold the conservation easement, or is no longer qualified as Grantee. C. Include in the inventory of relevant features that the easement includes the Orange County public recreation space. 7. If a conservation easement is not granted to Triangle Land Conservancy or other qualified public /private entity, the area proposed as easement shall be included in the recreation dedication to Orange County. 4 8. Obtain final approval of the Conservation Easement Agreement and the Restrictive Covenants from the County Attorney. G. 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. A Certificate of Approval signed by the Orange County Planning and Inspections Department. 7?/, Signature of Applicant Cler to the Board 7 I, t14:4�' , accept the above listed. conditions of subdivision approval, and a knowledge that each must be met prior to recordation of the final plat. 5 014 ITEMS FOR FOLLOVUP BOARD MEETING DATE: ITEM # TITLE I TYPE OF FOLLOWUP f0-LLOWUP COMPLETED A, 0 NOTES: