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HomeMy WebLinkAboutAgenda - 05-04-2021; 5-d - Public Hearing on Renaming Joseph Johnston Court to Water Oak Court 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2021 Action Agenda Item No. 5-d SUBJECT: Public Hearing on Renaming Joseph Johnston Court to Water Oak Court DEPARTMENT: Tax Administration ATTACHMENT(S): INFORMATION CONTACT: • Petition to Rename a Public Road Nancy Freeman, Tax Administrator and Known as Joseph Johnston Court Address Administrator, (919) 245-2726 to Water Oak Court • Map of the Road to be Renamed • Response from NCDOT • DRAFT Resolution PURPOSE: To conduct a public hearing on a petition to rename Joseph Johnston Court (State Road 2210) to Water Oak Court (see attached "Petition to Rename a Public Road Known as Joseph Johnston Court to Water Oak Court" and "Map of the Road to be Renamed"). BACKGROUND: North Carolina General Statute § 153A-239.1 (NCGS §153A-239.1) grants a county the authority to rename any road within a county as provided by the statute and by a County Ordinance after the Board of County Commissioners has held a public hearing. The public hearing must be held at least ten days prior to the renaming the road and a notice of the time, place and subject matter of the hearing prominently posted at the courthouse, in at least two public places in the township where the road is located, and the notice of the hearing must be published in a newspaper of general circulation published in the County. The County may not change the name given a road by the North Carolina Board of Transportation unless the Board of Transportation agrees. The Orange County Board of Commissioners adopted an Ordinance entitled "An Ordinance to Assign and Regulate Road Names, House and Building Numbers in Orange County" (the "Addressing Ordinance") on December 13, 2011. The Addressing Ordinance § 6-34(b)(2)(b) allows property owners to request to rename a public road for personal reasons. In order to do so, the property owners must provide a petition including the existing road name, the proposed road name, the reason why the person(s) are requesting the name change, and the signatures of seventy-five percent (75%) of those persons owning property addressed on the road in question. The proposed road name must conform to the requirements of Addressing Ordinance § 6-34(b) and the name change may only be approved after a public hearing is held on the matter as provided in Addressing Ordinance § 6-36 and the Board of County Commissioners have approved the petition for a road name change. 2 Property owners have provided a petition requesting a road name change of Joseph Johnston Court (State Road 2210) to Water Oak Court. There are eight parcels on Joseph Johnston Court, each with different owners. Six of the eight parcel owners have provided signatures agreeing to the proposed renaming. Therefore, the petition includes the requisite signatures of seventy-five percent (75%) of those persons owning property on the road in question. The remaining property owners did not respond to the request for signatures. (see attached "Petition" and "Map") The Address Administrator contacted the North Carolina Department of Transportation (NCDOT) and determined that State Board of Transportation approval is required to rename this road in accordance with GS §153A-239.1 (see attached "Response from NCDOT") As required by North Carolina law, a Notice of this Public Hearing was published in the News of Orange on Wednesday, April 14, 2021 and The Herald Sun on Sunday, April 18, 2021, and posted at the following locations: • Orange County Courthouse • Piedmont Feed & Garden Center on Hwy 54 • At the intersection of Joseph Johnson Court and Wade Hampton Road GS §153A-239.1 requires that after renaming a road, the County shall notify the local postmaster with jurisdiction over the road, the Board of Transportation, and to any city within five miles of the road. Ordinance § 6-34(b)(2)(b)(iii) requires the Petitioners to pay to Orange County the cost of purchasing new signs and erecting them prior to the name change becoming effective. FINANCIAL IMPACT: There is no financial impact associated with this item. SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board: 1) conduct the public hearing; 2) close the public hearing; 3) Authorize the acceptance of written comment(s) via e-mail to the Board at ocboccC@orangecountync.gov or by delivery to the Tax Administration office at Gateway Center Building, 228 South Churton Street, Suite 200, Hillsborough, North Carolina 27278, until 9:00 a.m. on Thursday, May 6, 2021; and 4) Schedule a vote to approve the Resolution regarding the Petition and authorize the Address Administrator to submit the Resolution to the North Carolina Board of Transportation for approval at the Board's May 18, 2021 Business meeting. No additional public comments shall be received on this item at the May 18, 2021 Business meeting. 3 March 30, 2021 Margaret Jones, GIS Technician III Orange County Tax Administration-Land Records GIS Division 228 S. Churton Suite 200 PO 8181 Hillsborough NC 27278 Dear Ms. Jones: Attached please find,per request,the signed statement of homeowners on Joseph Johnston Court stating their reason for wanting to change the name of the street to Water Oak Court. These are the same homeowners who submitted the original petition in January of 2021. Owner Name Property Address PIN `ANA RUBIO '1106 JOSEPH JOHNSTON CT ! 9873567375 � E t ;HOPPER FAMILY VENTURES LLC '1107 JOSEPH JOHNSTON CT 9873567128 _.__..._. ....., _......._ _. . .. ...__ _.._. __.. .. SHAKTI & MAMOJ TRIPATHY(New owners as of Sept. 2020) 11101 JOSEPH JOHNSTON CT 9873565250 _._..._._.._.__._.... ............__....._.._.._......... _ ........._....._...__....._.............._._..._........... ............... _......._ .. ....... . ..-......... t i REBECCA CATES '1100 JOSEPH JOHNSTON CT 9873565380 ..... ......._.. .. .... ..__................... .. _.._.. __ ....._....._.. ..... _ .-...........- ......_._ ......_ .. t ......__._.. ....._ (TIMOTHY& LESLIE DYESS 1103 JOSEPH JOHNSTON CT 9873566117 WILLIAM &VIVIAN OLSEN 1108 JOSEPH JOHNSTON CT 9873568322 If you have any questions,you may contact our committee at wildwoodrenarningcommittee@gmail.com or reach out to our representative,Natalie Ziemba at (970) 310-4369 or natalieziemba@yahoo.com Best, Wildwood Renaming Committee 4 As homeowners on Joseph Johnston Court, we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history,but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood, we would like our new name to be a native plant of North Carolina, the Water Oak. Signed: r -V e v Name Date WAN T 3% T 3 75 Name Date 5 As homeowners on Joseph Johnston Court,we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history,but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood,we would like our new name to be a native plant of North Carolina,the Water Oak. Signed: la 11 z -17- 24 Nam , �-L L Date Z.— 1,7 Name U7 Date ( , �, 6 As homeowners on Joseph Johnston Court, we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history,but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood,we would like our new name to be a native plant of North Carolina,the Water Oak. Signed: Name Date Name Date � � CY-4-35(,5Z5c) 7 As homeowners on Joseph Johnston Court,we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history,but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood,we would like our new name to be a native plant of North Carolina,the Water Oak. Signed: Name Date Name Date 8 As homeowners on Joseph Johnston Court, we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history,but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood, we would like our new name to be a native plant of North Carolina, the Water Oak. Signed: N' e Date Name Date 9 As homeowners on Joseph Johnston Court,we do not feel that the life of Mr. Johnston reflects the values of our community. We do not wish to erase our history, but we would prefer not to honor a man who chose to fight against our country. As members of the Wildwood neighborhood, we would like our new name to be a native plant of North Carolina, the Water Oak. Signed: (/ - /0& M VA 7, ( Name Date Name Date I 10 85 HILLSBOROUGH 9� O N /cP S8SS w z Joseph Johnston Court SR 2210 Z to be renamed Water Oak Court <p ° 10 o / �c W RKMAN RD 9 O� O Y O� v2 D cn w w U G� w Z Z O O J GFO RGF F Joseph Johnston Court, known as \ RSpNOF NCDOT Secondary Road (SR) 2210, to be renamed Water Oak Court �o oCO HILLSBOROUGH tiNST � 0 cT s 1/0 eRF C �FNR/�GFO 9 TQ GG cr BECKC7-rS R/p GE DR Legend Street to be changed Streets Parcels This map contains parcels prepared for the inventory of real property within Orange County and is compiled from N, E recorded deed plats,and other public records and data.Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The s county and its mapping companies assume no legal responsibility for the information on this map. Orange County Tax Administration/Land Records GIS Date: 02/01/2021 1 inch=2,000 feet 11 From: Edwards, Charles N [mailto:cnedwards@ncdot.gov] Sent: Tuesday, October 20, 2020 4:35 PM To: Michael Burton Cc: Britney Pendleton; Margaret Jones Subject: RE: [External] RE: Wildwood subdivision request to rename roads Apologies for my delay in responding.There are two scenarios for this depending upon the intent of the renaming. (1) Naming for the purpose of assigning addresses (typical green street name signs) or(2) renaming for the specific purpose of honoring a person or group. (special honorary signage) . Happy to discuss further. Scenario 1 Renaming for Addressing Purposes Please refer to NCGS 153A-239.1 authorizing counties to name or rename any road in unincorporated areas. N.C. Board of Transportation (BOT) approval is required if the BOT ever took action to name the road. By virtue of the BOT action to approve the petition for addition of the subdivision streets to the State system on March 15, 1988,the BOT did take action to name the roads.Therefore BOT approval is needed for the renaming.Your BOCC should follow all requirements of NCGS 153A-239.1 and send me a resolution requesting BOT approval of the proposed new names. Scenario 2 Renaming for Honorary Purposes: This also requires BOT approval.The following information is needed. • Background information of honorary nominee • Description of segment(s) requested to be named • Resolutions of endorsement and request from all local govt. bodies associated with or affected by the request. • Verification of strong public support https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter 153A/GS 153A-239.1.pdf C. N. Edwards Jr., PE (Chuck) District Engineer North Carolina Department of Transportation Division of Highways Division 7, District 1 336 570 6833 cnedwards(cDncdot.gov 115 East Crescent Square Drive P. O. Box 766 Graham, NC 27253 From: Michael Burton <mburton@orangecountync.gov> Sent:Tuesday, October 20, 2020 8:20 AM To: Edwards, Charles N <cnedwards@ncdot.gov> Cc: Britney Pendleton <brpendleton@orangecountync.gov>; Margaret Jones<mjones@orangecountync.gov> Subject: [External] RE: Wildwood subdivision request to rename roads External email. Do not click links or open attachments unless you verify.Send all suspicious email as an attachment to report.spam@nc.gov 12 Good Morning Chuck, Our resident are finalizing their decisions on new road names for this subdivision and we have not received a reply from you in regards to NCDOT's stance on this renaming request. Respectfully, Michael Michael A. Burton, Sr. CMS Land Records/GIS Division Manager Tax Office/Land Records/GIS Division 228 S Churton St. Ste 240 P 0 Box 8181 Hillsborough, NC 27278-8181 mburton(@orangecountync.gov office (919) 245-2502 fax (919) 644-3015 ORANGE COUNTY NORTH CAROLINA From: Margaret Jones<miones@orangecountync.gov> Sent: Friday, September 18, 2020 11:10 AM To: Chuck Edwards Contact<cnedwards@ncdot.gov> Cc: Britney Pendleton <brpendleton@orangecountync.gov>; Michael Burton <mburton@orangecountync.gov> Subject: Wildwood subdivision request to rename roads We received an email from a resident in Wildwood subdivision requesting information on renaming their 9 streets. Attached above is a list of the streets and a map showing the location of the subdivision. Land Records would like to confirm with you that the streets in the subdivision can be renamed. Please let me know if you need more information, or have any questions. Thanks! Margaret Jones, GIS Technician III 919-245-2287 Orange County Tax Administration-Land Records GIS Division 228 S. Churton Suite 200/PO 8181/Hillsborough NC 27278 Email correspondence to and from this sender is subject to the N.C.Public Records Law and may be disclosed to third parties. 13 RES-2021-023 DRAFT RESOLUTION APPROVING PETITION TO RENAME A PUBLIC ROAD KNOWN AS JOSEPH JOHNSTON COURT TO WATER OAK COURT WHERAS,North Carolina General Statute § 153A-239.1 grants a county the authority to rename any road within a county as provided by the statute and pursuant to a procedure established by Ordinance; and WHEREAS, the Orange County Board of Commissioners on December 13, 2011 adopted an Ordinance entitled "An Ordinance to Assign and Regulate Road Names, House and Building Numbers in Orange County" ("the Addressing Ordinance") establishing, among other things, a procedure for renaming roads in Orange County; and WHEREAS, the Board of County Commissioners in adopting the Addressing Ordinance authorize property owners to have the name of a public and private roads changed for personal reasons pursuant to the procedure established by Ordinance Sec. 6-34(b)(2); and WHEREAS, that property owners on Joseph Johnston Court have provided a petition requesting a road name change of Joseph Johnston Court(State Road 2210)to Water Oak Court for personal reasons; and WHEREAS, that the petition includes the requisite signatures of seventy-five percent (75%) of those persons owning property on Joseph Johnston Court; and WHEREAS, that the proposed road name of Water Oak Court conforms to the requirements of the Addressing Ordinance; and WHEREAS,that the North Carolina Board of Transportation(BOT)took action to name the road when it approved a petition for the addition of the subdivision streets to the State system on March 15, 1988, and therefore BOT approval is required to rename the road; and WHEREAS, the Board of County Commissioners has at least ten days prior to the public hearing being held on the renaming the road,has caused notice of the time,place and subject matter of the hearing to be prominently posted at the courthouse,in at least two public places in the township where the road is located, and published notice of such hearing in a newspaper of general circulation published in the County; and WHERAS, a public hearing was held on the matter. NOW THEREFORE, BE IT RESOLVED that the Orange County Board of County Commissioners approves the Petition to rename JOSEPH JOHNSTON COURT, known as NCDOT Secondary Road (SR) 2210, which is attached and hereby incorporated into this document, to WATER OAK COURT, upon approval of the road name change by the North Carolina Board of Transportation; and BE IT FURTHER RESOLVED,upon approval of the renaming of Joseph Johnston Court to Water Oak Court by the North Carolina Board of Transportation,the Address Administrator shall cause notice of this action to be given to the local postmaster with jurisdiction over this road, to the Board of Transportation, and to any city or town within five miles of the road. 14 Adopted by the Orange County Board of County Commissioners this the _ day of , 20 By: Attest: Renee Price, Chair Laura Jensen, Clerk to the Board Orange County Board of Commissioners 2