HomeMy WebLinkAboutMinutes - 19761116MINUTES
ORANGE COUNTY BOARD OF COMMIS52ONERS
NOVEMBER 16, 1976
The Orange County Board of Commissioners met in regular session on
Tuesday, November 16, 1976, at 7:30 p.m., in the Commissioners' room of
the Courthouse in Hillsborough.
Members present were Chairman Flora Garrett, Commissioners Norman
Gustaveson, Jan Pinney, Norman Walker, and Richard Whitted.
Others present were County Manager, 5. M. Gattis, Finance Director
Neal Evans, County Attorney, Jeff Gledhill, and Betty June Hayes, Clerk.
Chairman Garrett stated that Commissioner Gustaveson had an announce-
ment to make to the Board, Mr. Gustaveson stated that the Commissioners
and the newly elected Corgmissioner had been invited to a luncheon on
Wednesday, November 24, 1976, at the Hargraves Center in Chapel Hill.
Chairman Garrett referred to Item l: Persons not on this agenda
having business to transact with the Board of Commissioners should make
their presence known at this time.
Commissioner Walker stated that it had been brought to his attention
by 'the Recreation Director that a, leak did exist in the roof of the
Recreation Department's building. He stated that the leakage was ruin-
ing one of the floors and Mr. Weston had requested that this matter be
brought to the Board's attention.
Jeff Gledhill, County Attorney, stated that he had two matters that
needed to be brought to the Board's attention. A "Resolution Relating
to the Canvass of the Returns of the Special Bond Referendum held in
the County of Orange on November 2, 1976." The other matter was a
violation of the Sediment Control Ordinance.
The Board agreed to review these matters later in the meeting.
' Honorable Fred Cates, Mayor of Hillsborough, stated that he was
present to request the Board of Commissioners to set a date for a public
meeting to discuss the historical Orange County Museum. The Board agreed
to set a date later in the meeting.
The Chairman referred to Item 8: Mr. F. D. Hornaday and Mr. John
Watkins, of the State Department of Transportation will be present to
review with the Board of Commissioners the decision to apply recently
allocated funds to improvements vn Old Highway 86.
Chairman Garrett recognized Messrs. Hornaday, Watkins, and Jones.
She stated that the County had recieved additional funds for improve-
ment or paving of secondary roads. The Department of Transportation's
recommendation was that these funds be used for improvement to Old Hwy.
#86, however, the Berard felt that since all improvement to Old 86 could
not be done, perhaps, the monies should be used to complete the paving
of another road, namely Lawrence Road.
Mr. Watkins stated that in accordance with the Secondary Raad `
Program, Old Hwy. 86 was the next priority. The Department tried tv get
at least a part of a paved road improved each year. Mr. Watkins pro-
ceeded to explain to the Board the source of the addita.onal allocation.
Commissioner Gustaveson questioned Mr. Watkins, as to the mileage
of improvement that could be done on Old 86.
Mr. Watkins stated that his Department could be flexible and they
could probably do 3/4 of a mile and could probably work out the "bad
curve" coming north toward Hillsborough. He stated that the work would
be done on a piecemeal basis.
Commissioner Pinney and Gustaveson spoke in favor of using the
allocation for improvement to Old Hwy. #86.
Commissioner Whitted stated that he felt if Lawrence Road was
paved, it would be a connecting road between St. Mary's Road and
Hwy. 70, therefore, relieving some of the congestion on St. Mary's
Road. He stated that most of the complaints from citizens came from
people who lived on unpaved roads and his priority would be to pave the
unpaved roads.
Commissioner Walker stated that he would go along with the High-
way Department's recommendation to upgrade Old Hwy. 86, since Old Hwy.
86 was heavily traveled.
86.
Discussion ensued concerning the reworking of the curve on Old Hwy.
Commissioner Pinney moved that the reallocated funds be expended
for improvement to Old Hwy. 86. Commissioner Walker seconded the
motion.
The Chairman called for the vote. Voting aye were Commissioners
Garrett, Gustaveson, Pinney and Walker. Voting nay was Commissioner
Whitted. The Chairman declared the motion passed,
Mr. Frank Bumpass, who owns property on State Road 1722, inquired
of the Highway Department of the status of SR 1722. Mr. Bumpass stated
that in 1954, the State started maintenance of SR 1722, however, the
road had never been finished. He stated that the Highway Department was
now telling the residents who wished to build homes in that area that
they must pay for completing the upgrading of the read before the State
would maintain it. Mr. Bumpass asked for information concerning the
status of the road. Discussion ensued.
Chairman Garrett stated that she felt this was a matter that
should be resolved between the Highway Department and the residents
of the road. Further discussion ensued between Mr. Watkins and Mr.
Bumpass concerning the maintenance of SR #1722.
Chairman .Garrett stated that there had been several letters
written concerning SR #1722, and the Highway Department had concluded
that beyond the paved 3/10 of a mile on SR #1722, the road was con-
sidered a private road. Discussion continued as to whether or not
this road would be a private road or a subdivision road.
The Board referred this matter to the Planning Berard to make re-
commendations to the Commissioners at their first Monday's meeting in
December.
Chairman Garrett inquired of Mx. Watkins as to why work had ceased
on SR #1711, Piney Grove Church Road. Mr. Watkins stated that there had
been a right of way problem on the road, however, the road would be
stablixed between now and Christmas, if the weather was good. If not,
the road would be paved next Spring.
The Chairman referred to Item 14: Chairman Garrett will report
progress of discussions of the Water Authority concerning County involve-
ment in the Cane Creek Project.
Mrs. Garrett stated that the Authority had indicated that they were
interested in joining with the County in developing an additional water
supply and the Authority is wondering if the County Manager and Mr.
Billingsley would put together some proposals which the two Boards could
respond to. Proposals regarding financial and legal concerns of Cane
Creek. The Authority also felt a committee was needed of members of the
Authority, members of the Board of Commissioners and members of the
Cane Creek Conservation Authority. These people would begin working on
ways of talking together regarding the Cane Creek Reservoir.
Discussion ensued between members of the Board and members of the
Cane Creek Conservation Authority regarding the Cane Creek project.
The consensus of the Board was to endorse the proposed task force
of members from the Authority, County Commissioners and members of the
Cane Creek Conservation Authority. Members of this task force from the
County Commissioners Board will be appointed on Monday, December 6, 1976.
Another matter brought to the attention of the Board by the Chairman
was to request from the 208 Staff, the Department of Agriculture and the
Department of Natural and Economic Resources, sampling data to provide
additional information on the probability of problems from pesticides
and herbicides, and that this information be made available as soon as
possible.
Jim Howard, a resident of the Orange Grove Community spoke of the
effect the proposed Cane Creek Reservoir would have on the community
and Southern Orange County. He stated that he would like to see an
indepth study done by possibly EPA to see what the total impact the
proposed reservoir would have on Southern Orange County versus the
impact of some of the alternatives.
- Commissioner Gustaveson stated that he felt a task force could
throughly explore questions that have arisen which residents of Cane
Creek feel do not have satisfactorily answers. That if a viable option
was presented, it should be pursued. He stated that in terms of commu-
nity responsibility now, the present options looks the best.
Commissioner Walked stated that he hoped the Board would be open-
minded in looking at options. He stated that he did not think Cane
Creek was the best option and urged the Board to look at all available
opticns.
Commissioner Whined stated that he felt there were a lot of
questions that had not been answered and he felt this was a part of
the job of the proposed task forces. Mr. Whitted stated that he would
like to review an evaluation of the Jordan Lake and Dam in terms of
the cost, if the Jordan Lake was filled and then balance that with the
cost to the community. He stated before he made a decision on Cane
Creek, he would like to have these questions answered.
Commissioner Pinney stated that when he served on the Orange
Water-Sewer Authority, he reviewed with the Authority other passible
alternatives. He stated that he did not feel there were any other
alternative present, however, he would be willing to look at any viable
alternatives, if one was presented.
The request was made by the members of the Cane Creek Conserva-
tion Authority to petition OWSA to stop the construction of the water
lines until the task force had completed its investigation.
The consensus of the Board was to request OWSA to consider halt-
ing construction of the pipe line until the task force had had an
apportunity to study alternatives to Cane Creek. The Chairman was
requested to take this request to the Authority.
Chairman Garrett referred to Item 13: The Committee to recommend
a financing plan to implement the County Facility Study will make its
report.
The County Manager stated that the Committee had met and had dis-
cussed a number of alternatives. The plan as explained in the type
written information was the recommended plan. He stated that the best
thing to do was to try to implement and do the project cell at the same
time. To have the money ready to implement the project would mean a
tax rate increase of seven cents for 1977-1978. The County Manager
stated that there would be some school bonds to pay for next year, and
there would be a shortage of between $200,000 and $300,000 to complete
the Grady Brown and the jail project, however, the seven cents would be
sufficient to complete the Grady Brown and jail.
- The Finance Director stated if the Board made a decision to go
with this plan, it would be a good idea to quickly go with the Bond
Order far the 2/3 bonds, even if they were never used. He stated that
there would be time schedules to be met. Discussion ensued.
Commissioner Gustaveson moved that the Board accept the Finance
Director's proposal of County Capital Outlay Funding Requirements as
a working document. The motion was seconded by Commissioner Whitted.
Discussion ensued. The Finance Director was requested to continue
to up-date this information with items which might arise in the future.
Commissioner Pinney called for the quest., and the Chairman called fox
the vote. All members of the Board voted aye and the motion was declared
passed.
Chairman Garrett referred to the request previously made by Mayor
Cates to schedule a public meeting to discuss moving the museum from
the ~1d Gourthouse.
The Board scheduled Wednesday, December 8, 1976, at 7:30 p.m. for
this meeting to be in the Commissioners' Room of the Gourthouse.
The Clerk was instructed to notify all the writers of the letters
concerning the moving of the museum and inform them of the scheduled
meeting.
Mrs. Garrett referred to Item 11-8: A standard form contract for
Architectural and Engineering Services at the Old Grady Brown School and
Orange County Jail with Joseph Massif.
The Chairman stated that she had received a telephone call from a
local architectural firm in the County sho had stated that they were under
the impression that an opportunity would be extended to other architectural
firms to make a proposal for the design of the Grady Brown and Jail.
Discussion ensued between members of the Board as to their recollec-
tion of what was said during the time that the different architects were
being considered.
Commissioner Gustaveson stated that he felt it was wise to continue
"with the special relationship with someone who has already been through
the study and knows the Gounty in relationship to the study." Commis-
sioner Gustaveson moved that the Board continue with that same special
relationship with Mr. Massif to perform the architectural and engineering
services at the Old Grady Brown School and Orange County Jail. The motion
was seconded by Commissioner Whitted.
Robert Anderson of City Planning and Axchitectual Associates spoke to
the Board. He stated that from the newspaper, he had read that the Board
was about to approve a Contract for Architectual and Engineering Services.
He stated, "it took me back to my interview with you all, and 2 have dis-
cussed this with other architects that were also interviewed and my re-
collection was that we were being interviewed for a specific study and that
there would be no commitment to anyone beyond that point. If you remember,
you were handed a paper which showed our proposal. Tt listed the firms and
their proposals and the amount they proposed to charge. When we were not
selected, I inquired with your Chairman and asked to be informed as to the
compelling factors for the selection since that paper indicated that our
fees were lower than the firm selected. I got a letter from the Chairman
which quilted to me the Resolution, but indicated that the discussion of the
Commissioners, the factors that were pointed out, were relative to the
architectual fee of the Grady Brown School, as well as the consultant's
fee for the total study." He stated that the Chairman indicated after a
meeting that Mr. Anderson should not be concerned that there would be an
opportunity for the architect to make proposals later on. He stated that
it had been indicated to him that the contract fee for the architectural
work was lowered by the firm selected than what was shown on the paper.
Mr. Andrewson stated that his firm was disappointed and had hoped
that since this was a local job and everyone was interested in it, that
possibly the job could be divided between competent architects in order
that others might have an opportunity to contribute.
Commissioner Walker stated that he felt it was the understanding,
at that time, that the Board would invite other architects back in when
the Board was ready to proceed with the facility study. He stated further
that he felt the Board should invite architects. in, hear them, and "take
low bid, like we always do."
Aiscussion ensued. Commissioner Walker asked Commissioner Gustaveson
to table his motion until such time as the Board could evaluate other pro-
posals of other architects.
Commissioner Pinney stated that he was not clear as to what was
said at the December 9th meetzng, however, whateyex was said should be
honored. Commissioner Pinney seconded the motion of Commissioner Walker
' to table this matter until the Recording Secretaxy could verify action
taken by the Board from the tapes and minutes.
The Chairman called for the vote on the motion. Voting aye were
Commissioners .Garrett, Pinney, and Walker. Voting nay were Commissioners
Gustaveson and Whitted. The motion was declared passed.
By consensus, the Board agreed to review the matter on the first
Monday in December. The Recording Secretary was requested to review
the tapes and minutes and the County Attorney was requested to review
the contract by the first Monday in December.
Chairman Garrett referred to Item 9: The Manager recommends the
Board of Commissioners approve execution of a Memorandum of Agreement
between Orange County and North Carolina Office of Medical Services.
The County Manager stated that Mr. William Blue of the law firm
of Winston-Coleman and Bernholz had reviewed the''.Memorandum of Agree-
ment and had suggested some changes which had been made to this pre-
sent document. He stated further that Chatham County had already
signed the agreement.
(For copy of Memorandum of Agreement between Chatham and Orange
County and the N. C. State Department of Human Resources see page
of this book.)
Upon motion of Commissioner Pinney, seconded. by Commissioner
Whitted, it was moved and adopted that the Memorandum of Agreement
between Orange County and the North Carolina Office of Medical Services
be approved.
The Chairman referred to Item 5: Resolution authorizing the
County Manager to file a grant application with LEAA for funds to
acquire two auxiliary power generators.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted to approve the Resolution to file
a grant application with LEAA for funds to acquire two auxiliary
power generators.
(For copy of Resolution to file a grant application with LEAA
for funds to acquire two auxiliary power generators see page
of this book.)
Item 4: Resolution authorizing the sale of two parcels of real
estate owned by Orange County and fixing a date for sale of these
properties. The agenda attachment stated that in the Spring of 1974,
the law firm of Graham and Cheshire foreclosed for taxes several par-
cels of real property on behalf of Orange County. Subsequent to that
date, a committee designed by the Board of Commissioners inspected
these properties and found them to be of no apparent value to the
County and recommended the properties be sold at an appropriate time.
Some persons have expressed an interest in acquiring two of these
properties, one situated in the Town of Mebane and the other in the
Town of Carrboro. Will the Berard of Commissioners enact two resolu-
tions authorizing the County Attorney to offer these properties for
sale at public auction and fixing as the dates of sale January 11,
1977, and January 18, 1977.
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Whitted, it was moved and adopted that.the Resolutions authorizing the
sale of the two parcels of real estate be approved.
(For copy of Resolutions authorizing the sale of the two parcels
of real estate, see page of this book.)
Item 3: The Department of Transportation has recommended Pine
Tree Lane in Chapel Hill Township be added to the State Road System.
Upon motion of Commissioner Pinney, seconded by Commissioner
Whitted, it was moved and adopted to accept the recommendation of
the Department of Transportation to add Pine Tree Lane to the State
Road System.
The Chairman referzed to Item 2: Minutes of previous meetings.
The Soard reviewed the minutes of October 28, 1976, and pointed out
corrections.
Upon motion of Commissioners Pinney, seconded by Commissioner
Gustaveson, it was moved and adopted that the minutes of October 28,
1976, be approved.
The minutes of November 1, 1976, were reviewed and a correction
pointed out.
Upon motion of Commissioner Pinney, seconded by Commissioner Whitted,
it was moved and adopted that the minutes of November 1, 1976, be approved.
The minutes of November 9, 1976, were deferred until the first
Monday's meeting in December.
Item 7, Appointments, was deferred until a later time.
Item 10: Will the Board of Commissioners approve the County's rent-
ing office space at a cost of $150. monthly, from the Town of Hillsborough
to house the County Council on Aging.
Commissioner Gustaveson moved that the Board approve the County's
renting office space at a cost of $150. from the Town of Hillsborough.
Commissioner Whitted seconded this motion.
piscussion ensued. Commissioner Walker asked Commissioner Whitted
to review the report that he had previously made to the Board.
Commissioner Whitted stated that he, the County manager and Dr. Martin
had met with Mayor Cates and that Mayor Cates' position was firm, that he
was continuing to request $150. for rental of the office space.
Commissioner Whitted called for the question.
The Chairman called for the vote on the call for the question.
Voting nay were Commissioners Garrett, Pinney and Walker.
Voting aye were Commissioner Gustaveson and Whitted.
Discussion continued on the matter of paying $150. for office space
to the Town of Hillsborough.
Commissioner Pinney stated that he felt it was time to take a stand
and ask for cooperation from the Town of Hillsborough. He reminded the
Board of the monies that were allocated to the Town of Hillsborough for
fire protection.
Commissioner Walker moved that the matter be tabled. Commissioner
Pinney seconded the motion.
Discussion ensued. Commissioner Gustaveson and Whitted spoke of the
urgency to move on this matter, since the County had requested the Council
on Aging to move. They agreed that the office space at the Town Hall was
available and convenient to other space that will be used by the Meals on
Wheels Program. Commissioner Whitted stated that the Mayor had stated
that the $150. will be used for up keep on the building and for the pay-
ing of the utilities.
Further discussion ensued. Commissioner Whitted asked the Soard
what other alternative there was. Commissioner Pinney stated that he
would like to see about the Cedar Grove Building.
The Chairman called for a vote on the motion to table the matter
until the first Monday in December.
Voting aye were Commissioners Garrett, Pinney and Walker.
Voting nay were Commissioners Whitted and Gustaveson.
The motion was declared passed.
~:
Commissioner Walker stated that he would talk with Mayor Cates and
make a report on the first Monday.
The Chairman referred to Item 11-A: The Manager recommends the
Contract with the engineering firm of Wiggins-Rimer and Associates to
conduct a waste water disposal study in Orange County for the sum of
$6,000.
The County Attorney stated that he had reviewed the Contract and
.had made some changes in the legal language. The County Manager ex-
plained that this study would provide methods of eliminating types of
streams pollution as well as provide a mechanism for operating of pack-
aging plants. ,
Upon motion of Commissioner Gustaveson, seconded by Commissioner
Pinney, it was moved and adopted to approve the contract between Wiggins-
Rimer and Associates to conduct a waste water disposal study in Orange
Gounty for the sum of $¢,000.
(For copy of contract between Wiggins-Rimer and Associates and the
County see page of this book.)
Item 12: Report from Commissioner Pinney concerning his idea of
points to be covered in an Animal Control Ordinance was deferred until
the first Monday in December.
The Chairman referred to Item 15: Will the Board of Commissioners
act to increase membership of the County Planning Board.
Commissioner Gustaveson stated that he felt there was an urgency
to increase the Planning Board because of the forthcoming plans for
the County. He moved that the original resolution, setting up the
Planning Board be amended to increase the membership of the Planning
Board from seven members to twelve.
Discussion ensued regarding the size of the Planning Board and the
- work which would be assigned to various committees.
Commissioner Whitted stated that he would second Commissioner
Gustaveson's motion and requested that he add to his motion that member-
. ship to the Planning Board would be effective upon appointment.
The Chairman called for the vote on the motion and all members of
the Board voted aye. The motion was declared passed.
Chris Edwards from the Planning Department presented to members of
the Board Bylaws of the Planning Board which were adopted in 1965. He
stated that there were some problems with the Bylaws as they apply to
the present Planning Board's standards.
Commissioner Walker moved that .the meeting adjourn.
The meeting continued. Commissioner Gustaveson stated that as a
follow-up to implementation of enlarging the Planning Board, he would
like to request the Planning Department to prepare an application con-
taining information of persons from throughout the County who would be
interested in serving on a planning council in each o,f their townships.
He stated further that the information would be useful to the Planning
Staff and Board in the future.
Chairman Garrett referred to Item 16: Will the Board of Commis-
sinners act to extend application of the County Subdivision Ordinance
to all townships.
Commissioner Gustaveson stated that in the meeting of the Technical
Subcommittee to consider the Zoning Admendments, the Subcommittee had
decided that extending application of the County Subdivision Ordinance
to all township was a wise move and that this issue should take priority
over revising the zoning plans. The Subcommitt recommends to the County
Commissioners that they endorse in principle the idea of extending the
Subdivision ordinance to all townships. He stated another recommenda-
tion was that same of the items in the Zoning Amendment be included in
the Subdivision regulations.
- .r
r
Discussion ensued. Commissioner Gustaveson moved that the Board
accept the Subcommittee's recommendation and thereby authorize them to
propose the 5ubdivision.Reg~ilation for presentation at a public hearing
with the purpose of extending the Subdivision Regulation county-wide.
The motion was seconded by Commissioner Whitted.
Further discussion ensued concerning the public hearing to review
extending the Subdivision Ordinance. Commissioner Gustaveson stated that
legally you could zone single townships and you could also have subdivision
regulations for single zoned townships, but you can not have subdivision
regulations for sa.ngle unzoned townships. He added that subdivision re-
gulations must be extended county-wide and not be townships.
Commissioner Walker spoke against extending the Subdivision Ordinance
into all townships. He stated that while the intent was good, many people
would be hurt in some cases.
Chairman Garrett called far the vote on the motion.
Voting aye were Commissioners Garrett, Gustaveson, and Whitted.
Voting nay were Commissioners Finney and Walker.
~;
The motion was declared passed.
Item 17: Will the Berard of Commissioners establish a schedule of
priorities and a time table for their execution for the Planning Department.
The Board decided to reschedule a meeting with the Planning Staff at
the' first Monday's meeting in December.
Item 18: Wi11 the Hoard of Commissioners respond to the letter from
Mr. B. 0. Williams, General Manager of Burlington Coca-Cola, concerning
container deposits.
The Board agreed that Mr. Williams should be sent a letter and that
a copy of the adopted resolution regarding non-returnable beverage con-
tainers be enclosed, which states the Board's position in this matter.
Item 19: Does the Board of Commissioners desire to consider a
system of fees for Sediment Control Permits.
This item was deferred until a later meeting.
Chairman Garrett referred to Item 20: Does the $oard of Commissieners
desire to meet further to discuss the special use permit necessary prior to
starting construction at the Northside School site?
The County Manager stated that he and James Webb, the Architect, had
met with the Chapel Hill Planning Director and that their concerns were
about the roads and, the right-of-ways.
Item 21 was the next item discussed. Will the Board of Commissioners
consider a new mothod of determining their compensation that breaks away
from the present system heavily weighed toward per diem payments? If so,
the Manager recommends a flat monthly compensation for Board Members and
a higher, but flat monthly compensation for the Chairman.
The Board reviewed information provided by tt~e Finance Director of
the available funds for compensating the Commissioners and the Chairman.
Discussion ensued.
Commissioner Garrett moved that the Board approve $350. per month -
as compensation for Commissioners and $460. per month as compensation
for the Chairman of the Board of Commissioners as the new method of
compensating members for their service, and that this become effective
December 1, 1976.
Commissioner Pinney seconded the motion.
Voting aye an the motion were Commissioners Garrett, Gustaveson,
Pinney and Whitted. Voting nay was Commissioner Walker.
The motion was declared passed.
The Board discussed the gymnasium at the Recreation Department.
Commissioner Walker stated that the Recreation Director had informed him
that because of a leaky roof, the gymnasium floor was continually wet
r h
and eventually would be ruin unless repairs were done to the roof.
The County Manager stated that the roof needed to be completely
renovated, however, the architect had designed an elevator for the
building which meant that the roof would have to be opened for the
installation. Mr. Gattis stated that he could not see spending $30,000.
to $40,000 to put on a new roof and then have to open it up for the
elevator.
The Board asked that the County Manager bring a recommendation
to the Board at the appropriate time.
"' Jeff Gledhill, County Attorney, presented to the Board a canvess
~~ of the results~of the $6,000,000 School Bond Referendum.
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Commissioner Pinney read the Resolution.
(For Copy of the Resolution Declaring the Result of the Special
Bond Referendum Held on November 2, 1976, see page of this Book.)
Upon motion of Commissioner Pinney, seconded by Commissioner Whittec.
it was moved and adopted that'.the Resolution entitled the "Resolution
declaring the results of Special School Band Referendum held on November
2, 1976," be approved.
Chris Edwards presented to the Board a plat for Leonard Matthews.
Mr. Edwards stated that the land was in three jurisdictions, Chatham
County, Carrboro, and the County. Chatham County has no Subdivision
Regulations and Carrboro has indicated that they would be willing to
relinquish their jurisdiction on their portion of the land if the
County would assume that jurisdicta.on. Mr. Edwards stated that he
needed a letter from the County to Carrboro informing them of this
action.
Upon motion of Gommissioner Finney, seconded by Commissioner
Whitted, it was moved and adopted that the County would assume the
~ planning jurisdiction for the plat of Leonard Matthews.
'' Upon motion of Commissioner Whitted, seconded by Commissioner
~,
Pinney, it was moved and adopted that the Board qo into Executive
Session for the purpose of discussing with the County's Sedimenta-
tion Control Officer possible litigation
An execution session ensued.
The Board reconvened from Executive session. The meeting was
then adjourned.
~\ ~. C~ ~~
Flora R. Garrett, Chairman
Betty ,7une Hayes, Clerk
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i'FMOR~1~'DUM OF' AG.Z.~:~'~..~T
BETyvEa,~ CHATHA~i1 AIVD OF4~ZGE COUNTIES
AND TFIE
IvTOR^1H CARpLT_NA STATE DEPATZTiv1ENT OI' HUti1AN RESOUI3CIrS
Pursuant tv the D:orth Carolina Emergency Medical Services Act
of 1.973, General Statute 143-509, the forth Carolina Department of
runan Resources, Office of Emergency P4edical Services, hereby
c:eclares its intention of participating in the implementation of
a pilot demonstration emergency medical communications project
a:_c: system for the Counties of Chatham and Orange, A'or•th Carolina.
'Ti!~ nurpase of this grant is to stimulate the development of systems
teat wi11 function as part of a statewide emergency medical comrr.uni-
c.ticns syste.i and networ:c which cvi11 enable patient transport ve--
hides to c.om~unicate with medical treatment facilities.
This document shall constitute a Memorandum of Agreement
jointly bet:°en the County of Chatham and the County of Orange
(Hereinafter zcferred to as the Counties), and the State of North
Carolina, bepartment of iiuman Resources, Office of Emergency Medica-~
Services. Pursuant to this Memorandum, the above-named parties do
r:utually agree to the terms specified below: -
A. That Orange County, as requested by Chatham County,
sha?1 serve as the sole purchasing and fiscal agent for
the procurement and installation of a public safety
single-access emergency medical services dispatch and
medical co-nmunications system for both Chatham and
Orange Counties.
•• - fit. - That-the-title to•-a11 equipment procured by Orange ..
-___ -~ =•County~-~or-'Iocation~. in Ghathant County: sha11 be-trans--=:.__ -:.':- ...-_ -
ferred to-the Chatham County Board of Commissioners. •
_C.•___.Tha~_th,=~,zate,of ;Noz'th Carolinaj:-Dgpar~menE= of Huma~1.. .....
:: - _-----~------~Reso~zre°s~--Offic~~o•~TEmer-~en_cy-_P4edical: Services;•--sha11_--:_.. - -
._. -__ --._._-__..._..~=-rsz`a~ice<;ta=Owarrge_-:County-funds-in•=the:amount--.of=~-Si:~~y.;_.~~--.=:.-,:~
.:.... ,Thousand •Doi-lads -($66 _000- 00•x;•-•tv.-: e---used so:Lel --_~ox, _ ._
_ . _.. .. ... ..__._~_i~:.the-purpose=of.--pzacureinent .~of equipment .and services -"" -' `~• _ ._
- •• --•• -• •• • - - -- - -to implement. the- emergency medical' com•-nunicatiarrs ~ •• - -
system defined in the Engineering Design and_Procuxe-
ment Specification report of January 22, 1976,•prepared `
t
-2-
by Baoz-311en and Hamilton, Inc., for the Counties of
Chatham ar_d Orange, and as a_r~nd~d by the Proposal
• submitted b~. tIo•torola Communications and k:lecttonics
dated i3ay 28, 1976.
D. That the Counties shall accept the funds for thG purpose
of ir..plementing said emergency medical communications
system and will forward to the Office of Emergency .
2•?edical Services copies of purchase orders or contracts
covering all equipment and Services procured as part of
this system implementation.
~. The Counties shall abide by all applicable la~•~s and
statutes governing the expenditure of public funds.
F. That the Counties shall provide all additional funds
ar_d SEZSTICES to fully implement and cause to become
operational the single/central dispatch and emergency
medical cam~unications system.
G. That the Counties shall insure that all parties
_ raceiva.:!g co~;zmunications equipment with funds pro-
. vidYd by this grant shall obtain and maintain the
appropriate license(s) from the Federal Communications
• Go^:~issian and submit photocopies of the executed
- license(s) to the Office of Emergency Medical Services.
The Counties shall further maintain operation of the
system in compliance with the FCC Rules and Regulations
and apply for renewal of radio licenses in a timely
manner.
Fi. That the Counties shall. provide continuing service and
maintain all equipment procured under this Agreement in
satisfactory working order for a minimum period of five
years_
'- ..` -' -~ ~.I . - Tha-~ the, -Gaon pies .shall _pznvide the necessary manpower - _
-•- -_=_.. =~--and ~personnal=~~-vpe:ra~e=-this-~equip~en~ ~ancl system-: as._ .
_ .
_ - ,_-•- - _
..:,-Part..a~`a~ c~ntral_ medical . da.spatctr_ancl... cam~aunic~tia~s
cortex _.fb~: "a. n~nimur~ pera:od of. -five' years .. _- - -- .. . :. . .. .. ..... .... _ -
__~_.__ ..._..___._ ` :~.________ -- • .. - ..• ~ -:.~~-_ ----_ ---; -.._ _._ _.• .-.and- rn _.. , -
• ----~ .. _.. - ~ev..Ca~t~~~ s~ial':~=...._ ac~re•t_•:arrstal~; :_-._... _ .. -- ..... ._
... -_-._...... _ -.-_ .._ _._ ,-the-~an~rcgra~~ ec~zrz•~m~`i4`.to=furcti.on as =pare of-..the ---...
.. ' - - " -- -_ ons•:.Nettcark-~na: main--..::
. - _.:.._.
~ I3ort_ri:-Carolina :P+ledical=-Cominuiiieati
' _
_
= fain =the-necessary= cvinn~riications 'enters and= coordinate .
. ._ .._.__-_.-.~ __-frequency cYiannel. a1:Ia~-;i~5't`fox'-all"~,TSers' af--th'e-system _ - _
for as long as trhe system is:functional or-the_Gaunties
are relieved of this responsibility by the Office of
Emergency Medical Services.
~.
~ ~ `~
--3-
- That the Coun~ias shall monitor a'1 transmissions and
ca-r:~.~*~ications over this cysts, o a 24-hour per d~zX
basis and main ~c in effective Cam-! trol in compliancy:
:•rith the ~'ec~eral Co-nmunications Commission's Ru7.es ar_d
Regulations.
S,. That the Counties shall caapprate :•rith the Office of
Emergency Medical Services in the preparation of reports
or.informati.an pursuant to the operation of_ this project
or sys4em.
Ni. That the Counties shall establish and maintain an
effective com~unica•tions training program fox all per-
so~s and county agencies involved in the operation of
the equipment and system_
N. Treat the Counties shall cooperate 47Zth the office of
E~ergency T4sdical Services and comply with existing
anw future ca-~tmnnications guidelines as adapted by the
Stw:.a E_~I$ Ad:-isoz-y Council. Contingent on the availa--
bility of funds, the State of North Carolina, Office
of L~:vrgency „edical Services, twill give full COnSidera-
tion to assisting the Counties in purchasing any ne:•r
equi'a-ant or altering existing equipment in such cases
as s?i:". awditions or modifications are n_ecessztated by
chan::es in the i~arth Carolina P4edical Communications
Net:;a~ : as a resL:lt of state action and required to
maintain compatibility of said Network.
O. That the Counties shall submit to the Office of Emergency
P•ledical Services quarterly progress and budget reports
within thirty (30) days of the close of the quarter out-
lining progress toward completion of the project imple-
mentation, expenditures far the quarter, and other
significant activities, progress, and developments
rela4ing to the project.
• . -. at the- Coun • ^` - -.: _: _ . .. . ..... . .. .. ---- - -
- F. Th ties-shall submit to-bhe-Office of'Emer~-' .
. -- - ....__._.gency Medical -S_°r*rices•=withn~~ixty-:E60)•~day~=of =com-=-- --_. ...
_ _ _pJ.e,4ian- o~-_projaat implementation, a final report
- - -_-.. _ - -,~ cover:.xxg=;alL-maj_or;._aspe'cts-- aril"=expencLiaures -af- the •:`'~-_~~ :~:°':_.. -:_ ::.: -
..._-:'.--•..-......-_:_ The-~State:~nf Noxtki°Caralin~,.~.De~ar~snent_•of-•Humai~"k~asa~zces,.__
_. .._ -:._..p~rice--ox- Emergency.-P4edica~. _S~rvices, shall issue payment ... ... _
in the a;rount of Fifty-four Thousand Dollars ($54,000.00)
-to the 3oard of Comma.ssioners of 'the County of Ox'ange
within thirty (30) days of execution of this Agreement .
or issuance of a purchase order for the equipment and
services, whichever occurs later.
4i ~ V
_ R
_ R, an.at thv State of Norfi.h Carolina, Department of Human
Resat~rcas, Office of Emergency 2~ladica]. Services, shall
iss~:e an additional payment to the Board of Commissiar_er:
of the County of Orange in the amount of Six Thousand
Dallas ($5,00.00) within thirty {30) days of final
installation, proven operation, and final acceptance
of the system by the Counties.
S, That in the event Orange County does not enter into a
contract. for implemantatian of the emergency medical
ca_:munications system project herein referenced by
Dece~~.bez 31, 1976, this Agreement shall be termed
null and void.
T. That any changers in the terms and conditions of this
AgreYment roust have the prior written approval of the
North Carolina Office of Emergency Medical Services.
J. That any funds r_ot expended for the purposes herein '
defined by October 31, 1977, sha11 be returned to the
Office az E*erger_cy Medical Services.
Executed this 16th day of November
1976, by:_..
/S/ S. M. Gattis
Sam M. Gattis, kianager
County of Orange
Date:
Charles A. Speed, Chief
Office of Emergency b~edical
Services
bate:
Date:
~o
'. I)r-11s:•tn~;;:: ut•'~att~r:il acttl ka':uulasic ?:r>ttus'res
\!L:!)!:l_ 1.U(':\L (=U\'1.:12\\i1:1•t~r1L I:~:SQi-L!'l•!C~\
t$tr rn:r,c si.'.r for p.+!i:y' +l:l:cu::t:t)
'1ti•f!lihii:\~. ti:•:._..__ G~+tt~t:)~~ C~:•),~ ____ herein ca!!cd the "All,^}ic~rtt" kac thurut~~!s!y -
(C:n:crnittC Gac})• elf Il:it tlf C:o:ernment)
cn;tsi.!_r:.E t!t_ 1+:[T.•?_ra a:4hesscd }r. the s:rh,:ant allys!ic:fti.ln emitled-~-~'.r:`rt.tli.C.'tt-7~~~5 _.
aa8 !:as ::~•i_t:c.I tltc nu•jc~t t?:acrihcu in tha s7+p!i.ation:rul
C.'ll!:7:[-AS, talus r?:e ternss of 1'ullli~ Late' 9i1-3>I as a:uctt.!cd, the Llni;ed States of f\nterica has ~uthcliizr~l t!tc }_::~•
[_niv:~_::i::,t :+,<,7ct!ncc :\dtt:!nisiratiaa, thtotv~h the Nclrtl: Car~l:ina I?i•:i5iun of La::' astJ Order to ntat;c fet!cral ~rantx to as~i:..
la.:l i.- :cr...... tns i:: t{:c irs:7l:oti•et:t.nt of the Sri:..-,.al ju>tivc s~•stert,
\(t\ti- ~[i~:!il~r(%121; }.I~ lT ILL•5C)1_\'t_l7 I>l' "I'ii[i ~~x~t?~-~Sr~tntc,'r7ar..T _a,`__S:g_t:ini,zs:irn?c~rs
• (Crn'crning }loJ)' pf [:nit pC.Got•ernntent)
1\ G!'c::\ ?.!!.I_'flAG :ISSE\!i;LI:U [\ TI}L'- C11'1' OF t1i.17sborou~,h K012Tfi CA12ULlK.1.
"1-IiI>>~.=' :nl).~tl' OF llov_~• 1916 AS FULLC)1'~S:
1. That t!:. llrojcct retcrer.~ec? aGUVe is in the best interest oC tltc :\l+plicant and tlrc ett~ral public.
~. 7•hat ~~.~a- Car,"? G~S'J:~ T•(°.i~- bt:::uthori-rcd to G!c, in beL•s[f of the .".pplicar.t, a;t applicat%bn in the fpm
(\ar):e ttd'fitie of s :prescniatice) .
pnscri[ai? b}' the 1);t•i:ipn pf Law sud Urrer for a suberant in the ::mount pf~3~.Z_4,•~~ tgbe tnsde tcl t!:e
_ (Ccdcral dpllar regt:~st}
- A,',''7c.nt to assist ?~ dc<r~}'irtg the cast of the prpj•.cY descriUed in the app{i~alion: 7•his individual $ha!! a..t a, t'e.a
aatharized r~•}l:cscntatil'e c+f tltc ~}lp!icartt is connecticsn with all asg.cts pC rIm appli.ation process.
3_ T!:at iC the sub,r•.int,}s t..,d= ~?:•~ 477.7Fca:tt s;tal pro:•idc or rta4c arran~cnvents to prpl'idc, tt Iocal c sh tnstc!titt? ep::iri.
E,t,.ion in the arno;:nt o" $~-95.0 a~t~~!a::'i:a:~'ri~~r:,~:•:~t l~p_:t::.},. `7--- r,.
(local CSalt maiC!l) '
' _ -lr.r-_.:- ~zt-•-:~."~: ~' .:y'7^ti `*' 1ra-^ ~i •i•l~ti~v ~-~ - .•-n.: t~ -C..4- r-.
~"T^=`_,:a__ti.C--- ---.,.:~•`L:.~.^.:]:~.5:~~~w~r.:ajs'7~iiC'~ ~_ ~.~n.+_. !-:w_y~i.~.l~ ffi,^.mss'-....1v.F.:~.~T:~i~-:~f:.:s.
E.ti.::ti.~:::~".it5 iSi~: .
I;;~~:rv_ :,:y',.~.Cr::wii+~~3i}c7s.~C:=nti~L=::;fY.^:.Ch'L`7Z~::~C'•:'tiY ~ .
4. That tl:c Project I)ire,tor daignat:d in the apts{ic:ttipn form shall furnish or n)alc arran~emcnts for other a)7{trnpr~: tc
}>erspt)s tp furr:is?t such ?rtfprrt:tt7o=.t, data, documents : nd reports pertaining to the project, if 2pl)rovcd, a3 ro:ry be recit:i:ec?
b~ t!tc llivisintt of Law end Order_
5. That certified cppia of this reso]utiest $c in~Iuded as part pf the applicatio^ refcrcitced above.
G.. TEtat this reso!utian shall to?ta effect imntcdiat2l)' l1p0:1 ILS•ttdpptiOQ~ °~~. -- - - -- - - - __ r - _ -
.._u~ :~_ ~ ~ ._ _
I)C]~E'n~U U!2l)I;};ELI) li:_op-irt_L•1~C:11~~=.-~..,~~:- :-..~._r^._... _.~.~~-,~..:~.~~~- _ _ _ - _ - _
•_
_ _ .. _: ~YCt~ i .
FToYa' _-~arse~t, `Cha'9: .
_._
. .
•. ..
. ._. ~.~. ...... -.A
... ~:
~1. •: -~
7
- -- ;i.• 'r. ::i. •.a. Pitine - -- _---~--- -- --~- .e•!~-1 ;T'th~~fore~crinR•resn?, tic3rt~r-::! a:nrc;F~-tcac!t) -' ._._..
,..•. .. _
_ Co: ,a ltt^ .a~rt4...t-,_.vY ~s r•• - - r , ~ ._..- -
_..
• ~ ! } - ~ r Whitted ....:.. --- . -. - T-.-- ~ - r
lYlr[..i t•:a: ~_t.1;:C~C7 ~\•COtti:a::e3r[*rrer, t,'btl:rCtlrwtrr ~ - -~311C 1:':eS(lcv~~ tl (7t.. t.. _-..___:_-____~. _.. .... .
_.. .
i:..:c_ 16 .: a.et^~er 14 TG - -- - - -- - ---- - --. _- --- --- -
4.:... -
h.. /5/ Bett June Hayes -..:- ._._...--.._ Seat -_...__
C'Icrn
}' ~ /
- ~:
{:
I' NoxTx c~RO~zr~r~
~~ or~~NG~ cOtlrrT~t
~i
cor~l~sxsszoNl:.P r.L.sol;tr~zO
i! -
~;
j x ~ IS HEx"t?aB° ktESOLVED that Orange County, through and by
f
fits govarning unit pursuant to rdorth Carolina Genexal Statute
±160A-270 authorizes the sale far cash, to the last and highes4
j
bidder at public auction, at the couxthause door in Oranc~e
'County, North-Carolina, at 12:00 noon, on the 18th day of
I
~ 197Z,. that certain tract of property
~ January ,
;awned by Orar_ge County, and more particularly described in I
;Deed Book 253, Page 131, Orange County Registry.
f
The highest bidder at the public auction sha11 be recuired
,ta make a cash deposit of ten percent (10~) of the successful
I
bid, pending acceptance and confirmation by the Board of
(Commissioners of Orange County.
xhis the 16th day of November , 1976•
/S/ Flora R. Garret
` _ Flora R_ Garnett -__ -
.... _ .: .... -- - - Ch _
iC- - - - . -- - ._ __ _. airman. of the Board of ... -- .
-_ I~ .---• -.-- _-::-......__ - _- _ _ Cozunissioners of -Orange County __ - - - ^
~i . .
hIOR'_•rI CATtOLINA
ORt1NGE CpiJIdTY
GOt~2ISSIO~7ER F.1SOLUTION
IT XS H1REBX RESOLVED that Orange County, through and by
its governing unit pursuant to North Carolina General Statute
160A-270 authorizes the sale far cash, to the last and highes,:
;bidder at public auction, at the courthause daaz in Orange
Craunty',. North Carolina, at 12:00 noon, on the 11th day of
I
January __,, 1977x• that certain tract of prapezty
a~aned by Orange County, and more particularly descr3.bed in
;Deed Baak 253, Page 1421, Oranges Caunty Registry_
I
The highest bidder at the publ~.c auction shall be required
to make a cash deposit of ten percent (10~) of the successrul
bid, pending acceptance and con~irmatiozi by the Board of
Com~na.ssionexs of Orange County.
Tha.s the 16th day o~ November , 1976.
THYS AGREk~I`[ENT, entered into as of this 16th day of
Novem}5er, 19 76 by and between W7.GGINS-RIMER AND ASSOGxA.TES;
-- IL:C. (herein called the "Engineer"),and
Orange County (herein called the "County")-
•
WXTNESSETH THAT: .
{.'HEREAS THE County desires to engage the Engineer to render certaa-.
technical or professional services hereafter described in connection with an.
undertaking which is'to be financed from general obligation funds regarding
wastewater disposal. ~ :
NOW, THEREFORE, the paxties hexeto do mutually agree as follows:
1. Emplayr~ent of Engineer. The County hereby agrees to engage the Engineex
-_. and the Engineer hereby agrees to perform the services hereafter set
Earth in connection with the Project of the County.
2_ Scope of ~7or1: or Services. The Engineer shall da, perform, and caxry
out, in a satisfactory and proper manner, as determined by the County, •
the fallowing work or services:
Lt. General provisions of the scope of services are: _ -•:
i. The Gauntywill supply the Engineer with all readily available
__- : _, •inforniatian at_no charge_ - _ - , _. .• ~... . _- .._._._ --•- .. -..- -._.
-- _ ii.• •-'The En xneer wz11 attend u -on re uest of the Count a n~himu
--
- ••
:.
x or commxtCee meetings a.s
y . z..._
- d~or;•such adv s
_. .• . - • _ ~ .- of 2 pub•7.ic Hearin - -- .- ..
- required by .the County. -• •
iii. All maps, charts, reports, findings and other xelevant material
will betome the property of the County upon final payment for ~?
= e
the services included herein_
- ~:
' ~': -
~~ ,, ~ Grade V: Engineers, Designers 5
Construction Observors
t-
'F: Grade xV: Engineers, Designers ~
~' Construction Observers
=
Grade III: Engineers, Designers ~
Construction Observers
$190.
175.
16p.
Grade II: Engineers, Resigners & -
Construction Observers 145•
Senior: Draftsmen, Programmers ~
Laboratory Personnel 145-
Grade I: Engineers, Resigners &
Construction Observers 12p.
.junior: Draftsmen, Programmers 5
Laboratory Personnel. ~ - 120_
Apprentice:Draftsmen & Engineering Assistants 90_
Out-of-pocket casts for travel, long distance telephone calls, printing
expenses .and miscellaneous project expenses, at Actual Cost.
Wozk in. conjunction with the field surveys, soundings, borings, so3.l
exploration and services of special consultants, all rahen done by
others, wi1Z be billed at Actual Cast to Wa-ggins-Rimer and Associates,
plus 109:. L~lhen these services are performed by Wiggins-R~mer and
Associates personnel., the above standard rates will apply_
Per diem•rates are defined as those rates applicable to taark-performed
- during a•normal eight•hour working day.- Charges for wozlc performed
_ .--_for'-a fractiori••of a day will-be based:on-th-e-~pxo-rated~portivn-of the •
.... _ .
-__-_., --- ... -per diem rate... .~-__ -- --- --- -- - _ - - - _...- - - - - _- - --•- :_ -- - -
...
:. -,
_~ __ .•
_: .. -
._.. _,. -
. - - - _- - -
- ~ - - ~ _... _~_---- =- ._ r . .... -
It 5_s expressly understood and agreed that xn no event w3.17 the total
compensation and reimbursement to be paid hereunder exceed the maximun.
of _.-_-___._~ ,_-_---
far all services, expenses, and out of pocket costs and speci..
consultation fees unless amended.
.. ,~-
.:- .. --. ---. ~.....,,r=".=~.~ ~~+axs•a~iu uri~or SUb=LaSKS Lo oe accomp.lishcd arc as follau ;.
,~~b.~ - -.. •
,:~:~•~`. i. Amore detailed descz3.ption of services to be performed can
w~.~:-. -
~"~'~'.: be #ound in "Proposal far Guidelines for F?astewater Disposal irt.
.~F,x_;?•:_•~ Orange• County" by W~.ggins-Rimer and Associates, xne. dated
~.~:
ti'
_- - ,Apzil, 1.976.
- 3. Data to be Furnished to En ineer. All information, data, reports,
- ,
• records, and maps as are existing, available, and necessary fox the
- carrying out of the work shall be furnished to the Engineer without
- charge by the County and the County shall cooperate with the Engineer.
- 1,n every way possible in the carrying out of the work.
- 4. Personnel. -
A. The Engineer represents that he has, or will secure at his own
expense, all personnel required in performing the services undex
this Contract. Such personnel shall not be employees of or have
any contractual relationship with the County.
}
~ B. All the services required hereunder will be performed by the
i -
~e' County or under its supervision, and all. personnel engaged in the
work shall be fully qualified and shall be authoxized under State
and local law•to perfoxm such services.
G. None of the work or services covered by this Contract shall be
subcontracted without_;he prior written approval of the County.
. ._ 5_ :-Time of-Performancd"-'~=-The-Serv~ce~~,#..-tire-Engitiee=•are-•t~--oomrnence-as -.
--.--- -- - - soon as practicable'a~ter a verbal•'vr written issuance 'of •a• notzce to
roceed b the Count- and shall be undeztake • ~-•--~•••~ _.._~: _--_-..__ ...._. __ :.:...._-•.
- ' .p Y 9~- n and completed in •suCh
sequence as to assure their expeditious completion in ]-fight of the
purposes of this Contract, but in any event all of the work or services
required hereunder shall be completed within 180 consecut5,ve calendar
days from the date of this Contract.
._ r,~~
..x.. .. ... J. .~~._-_., ... ...._ . ... .... ... ... .._~. ...~ ..~...... .. .. .. ....,. .. ~ -.- .,-. .... ~. ~..._.~,.,... .. .~. ... -,.. ... _ .. _.- ... .... ~ ~...,.. .... .. ..
._~ a maximum Sum of -......~6'0 ..:.............:.~-.-......
-. OO.DO '
for the services outlined in Paragraph 2.0. Only that work which is
covered under the conditions of the Contract will. be reimbursed to the
Engineer, The County will reimburse .the Engineer monthly fax travel
and subsistence expenses in connection with the performance'of the duta.-~
under this Contract, the actual cost o~ transportation by common carrier.,
normally, tourist fare for air travel, or the sum of fifteen cents (1ST)
per mile if the travel is performed by privately awned automobile, and
actual subsistence expenses which shall not exceed thirty-five ($35)
per day. The Engineer is responsible for mai.ntain3.ng a financial
;::.,nagement system which shall adequately provide for accurate, current,
and complete disclosure of the financial results. Accounting for
contract funds will be in accordance with generally accepted accounting
principles and practices, consistently applied.
• 7. Method of Pa went. The County will pay nonthly to the Engineer for
services performed, up to the amount set forth in Paragraph 6.0 which
- shall constitute full and complete compensation for the Engineer s
services hereunder. Such sum will be paid to the Engineer monthly,
subject to receipt of a requisition far payment from the Engineer
specifying that he has performed the work under this Contract in
conformance with the Contract and that he is entitled to receive the
_ ,amounC requisitioned under the t,erms_of_the ContraEt..Charges for _•___ -
-_. ."'''.services of•the Engineer up to the limit~of the expenditures set-faxGh
•in Paragraph 6.O shall lie base3"on the Engineer's standard per diem
-.,. _ . net: --....: --..___-- ..:
_ rates ~,n the following_mar~, ~,: - _-, - - __ _ -
Officers _ $330.:.... - -.--_ --.-..
Senior Specialists 275•
Principal Engineers 230.
Senior: Engineers & Designers 215.
_. .. -
_ a ~
.~~ti _-_, ......... ...._ .. _....-- - - n of .. ......... ......_..... ... ...... _ . ,..... . 4.. . _ ..-...... _..
~ ~.} Contract far Cause. If throu h any cause, the
Terminatio
:~ ~::.
. ?~1'R.~...
~~~~,. Engineer shall fail to .fulfill an a timely and proper manner hip.
• ~~~~.
:`_ -
obligations under this Contract, or if the Engineer shall viola'.-~.
any .of the convenants, agreements, or stipulations of this Conti _,
the County shall thereupon have the right to terminate this Cont. -.~
by giving written notice to the Engineer. of such termination and
specifying the offect~.e.date thereaf,~ at least 15 days before
the effective date of such termination. In that event, aJ.l fin:-=°.:~
or unfinished documents, data, studies, surveys, drawings, maps.
models, photographs, and reports prepared by the Engineer shall
become the property of the County and the, Engineer shall be ens..:.
to receive just and equitable compensation far any satisfactory
work completed on such documents and other material which compens:.-
tion together with any compensation previously received by the
Engineer pursuant to this Contract shall in na event exceed the
°total compensation and reimbursement" as set out in paragraph7.0.
Notwithstanding the above, the Engineer shall not be relieved of
liability to.the County far damages sustained by the County by
virtue of any breach of the Contract by the Engineer, and the Cou..
may withhold any payments to the Engineer for the purpose of setc:::
until such time as the exact amount of damages due the County frcc:..
the Engineer is determined =
9. xermination for Convenience of the County. The County may term.-'..
. moving._wztten,_.n,.oti~e_,._to.....
-- • - - this Gontract . at any-time=by-,g.~ _ the . Engi.n-~
of such termination s ecif xn the effective date'-ttiereaf; at lr::.~
15 days before the effective date of such termination. In that
- event, all finished or unfinished documents and other materials,
as described in Paragraph 8.0 shall become the property of the
____
__ y he County as provided
County. Tf the Contract is terminated b t
herein, the Engineer will be paid an amount which bears the same
= ratio to the total ca:npensatian as the services actually performe<'.
~ bear to the total services of the Engineer covered by this Gontrar_
less payments of compensation previously made''ro~ vided, hacaever.
that if less than sixty (60) percent of the services covered by
this Contract have been-performed upon the effective date of such
termination, the Engineer shall be reimbursed (in.addita:an to the
above payment) for that portion of the actual out-of-pocket expe::..
(not otherwise reimbursed under this Contract) incurred by the
Engineer or during the Contract period which are directly attrib~:.
to the uncompleted portion of the services canvered by this Contra:
xn na event, however, will the total-compensation and zeimburse-
ment paid to the Engineer exceed the "total compensation and
reimbursement" as set out in paragraph 7.0. If this Contract is
terminated due to the fault of the Engineer, Paragraph 8.0 hereof
relative to termination shall apply.
10. .Disputes.
A. Except as otherwise provided in this contract, any dispute
concerning a question of fact axising under this ,Contract whi
is not disposed of by agreement shall be decided by the
County Manager, who shall reduce his decision to writing and
mail or otherwise furnish to the Engineer a written copy of ':.
decision. Such decision shall be final and conclusive unle~•
- - witha.n 30 days from the-date•:of receipt of such copy, the
- -- - -- - _
- En Ynee . -- - -- -....-.. .... ..- .-.... __,~...
g' r appeals•'therefrom by mai]'.ing ar otherwise"furnishing
to the County a written appeal to the "County .Board of Com-
missioners". The decision of such Board upon such appeal sk
be final and conclusive unless the decision is determined by
court of competent jurisdiction to have been fraudulent, ar
'~
~,^ ', ,..........._ ,, ... ..... ... ... -.-..... _ ......... .... _ roneous as • necess =... .:
--• ~:.k.`-'-.-.. .~' capricious, or arbitrary. yr sv `grossly ex
'. •~
~~~'~~-~_ to imply bad faith, ar a.s not supported by substantial evic_-:
~' .~ _.'.
~,~._, .
a:
~~;•-` In connection with any appeal proceeding under this clause,.
~~=~ the Engineer shall be afforded an opportunity to be heard ..
to offer evidence in support of its appeal. pending final
decision of a dispute hereunder, the. Engineer shall. proceEC
diligently with the performance of the contract in accordant;:
with the County's-decision.
B_ This "Dispute" clause does not preclude consideration of la•
questions in connection'-with decisions provided for in pay:
11. above: Provided, that nothing in this contract sba11 b~•
construed as making final the decision of any administrative
official, representative,.or board on a question of law_
11. Changes. The County, may, from time-to-time, require changes in '..
scope of the work ox services of the Engineer to be performed h~=::.-
under. Such changes, including any increases yr decreases .in t~.
amount of the Engineer's compensation, which are mutually agree'.
upon by and between 'the County and the Engineer, shall be incvrr:-..
a•ted in written amendments to this Contract.
12. Egual Employment O ortunit There shall be no discrimination
against any employee who is employed in the work covered by tha.'.-
. Contract, or against any applicant for such employment, becaus__
race, colar,.religion, sex or national origin. This provision :-:.
:_..
include, but not bq limited to the-following: employment, upgx--
- ... - recrua~tnte v rtisi --
demotion ar trans-f ex;.reczuitment:or.: nt.adve
- ._. ... ing.
layoff or termination, rates of pay ox their farms of compensa.:_:_ ,
and selection for training,,including apprenticeship. The Eng~_.;.
shall insert a similar provision in all subcontracts foz servic.:-.:
covered by this Contract.
~n
_'~_.: - .. - xn4erest of Members of the Count and Others. No public officio.
~~~-:•
.,raw;,....
.rte`.... of the gavezning body of the locality in which the project is
L.'
=-'" =-"~-- situated or being carried out who exercise any functions ar
~•
responsibilities in the review or approval of the undertaking os-•
carrying aut of this Project, shall participate'in any decisia•~ -
relating to this Contract which affects his personal interest o.;:.
have any persona]. or pecuniary interest, direct or indirect, in
this Contract or the proceeds thereof.
1~, AssignabiJ.it~. The Engineer shall not assign any interest in ~'.'.
Contract, and .shall no•t transfer any interest in the same wheth+~.~
by assignment or novation, without the prior written consent of
the County thereto: Provided, however, that claims for money du:~~
or to become due to the Engineer from the Caunty under this Cont• ••
may be assigned to a bank, trust company, or other financial ins -..-
tution without such approval. All such assignments shall be may
subject to any defenses the County may have against the Engin~_:.•
with respect to payment of any such claim. Notice of any such
assignment or transfer shall be furnished promptly to the County.
No such assignment shall•be made."without recourse"_
15. xn•kerest of Engineex'. The Engineer covenants that he presentl~~ .
no interest and shall not acquize any interest, direct or indi:::
which would conflict in any manner or degree with the performan. i
services required to be performed under this Contract. The Eng..
--- -further convenants that-in the performance of this 'Contract no p~.•.~~
_ ~ __._- -
-" having any such interest shall be employed. -
16. .Findings Confidential. Any reports, information, data, etc., g -
to or prepared ox assembled by the Engineer under -this Contract
which the County requests to be kept as confidential shall nat ~:'.
~~:°`' 17, Identification of Aacuments. All reports, maps, and other acumen...
,k.-- completed as a part of this Contract, other than documents ex-
elusively for internal use with the County, shall carry a notatic::
on the front cover or .title page (oz in the case of maps, in the
same black) which Ghall contain the name of the County.
1$. ~Dffice•Space. The County hereby agrees to make available withau~:-
charge to the Engineer, at.the County headquarters any office sp-.
needed by the Engineer i.n•additon to his usual .place of busanes~
for the performance of the services agreed to undez this Contract_
and the Engineer hereby agrees not to include any charge fax such
additional space in his fee.
19_ Copyright. No reports,. maps, ox other documents produced in whole
or in part under this Contract shall be the subject of an applica
tion for copyright by or an behalf of the Engineez.
20. Records. ~ The Engineer shall keep records 'in accordance with the
provisions of 30.$05 of Rules and Regulations found in the Federal
Register, volume .40, Number 90, published May 8, 1975, as the samF
may be amended from time to time.
ZN WITNESS WHEREOF the County and the Engineer have executed this agree--
ment as of -the date first above -wr~tten_ _ IN t_-~..I. A5 0
.. _. ~ M CIATES; . _ r..
Corporate Seal/Secretary
SCN~Or UtR2. rA2s~ ._
Title
ri ~... ' -. ..
'._-~.._r. ,..- _..._ .,..... ............. ..'X'Y._OF_nOEtANGE ........~- --•....._......~.~,.,......:,.....__~-- ----~.....____~.._.~....__......._
. • COUN '
!Y4T ~ T ~.T~ST
~~= :".
'~
C1ezY. the Board Chairman, Orange Gounty Board
i ~ ;• ~ ., . of Commissioners •.
• r
/~,~:
This-Yns,•trument has been preaudited in the manner required by the
~ .'
Local'Government Budget and .Fiscal Control Act.
f ~ ~. , ~ ,
- Fa.nance Officer
i
~~`r~ •"l7
.~--..~-.~...... _....,._.-....~..- f-..
5T~1iET~'~T1'P OF THE RESULT
of the
• SPECIAL BOND REFERENDUM!
held 3n the
COUNTY OF ORANGE., NORTH CAI'OLIP]A
on Tovember 2, 1976 •
At a special bond referendum held in the County of Orange
on November 2, 1976, 36,360vaters were registered and qualified
to vote.
At said referendum16,784votes were cast ~'ar the order
adopted on August 'J.8, 1976, authorizing the County of Orange,
T7orth Carolina,.to contract a debt, in addition to any and
all other debt which said County may not now or hereafter have
potaer of authority to contract, and in ev~.dence thereof to
issue County School Bonds in an aggregate principal amount not
exceeding x6,000,000 •for the purpose of providing funds, t,~ith
any other-available funds, for erect5~ng additional school build-
. ings and other school plant facilities, remodeling, 'enlarging
and reconstructing existing school buildings and other school
plant facilities, and acquiring necessary land and equipment
therefor, in order to prova.de additional school facilities in
said County to maintain the nine months' school term as required
by Section 2 of Article IX of the Constitution, and authorizing
the levy ai' taxes zn an amount sufficient to pay the principal
of and the interest on saa.d bonds, and 7,O~i5 votes were cast
against said order, and a ma,~ority of the qualified voters of
said County who voted thereon at said referendum having-
opted in favor of the approval of said order, was thereby
appr~ived and a.s in farce and effect.
Board of Commissioners
for the
County of Orange, Pdorth Carolina
~,~..
N ~ ~.
A regular meeting of the Board of Commissioners for the
Caunty of• Orange, North Carolina, was held at ~''''"o'clock
=:BI., on November 16, 1876, at the Caunty Courthouse in
Hillsborough, North Carolina, the regular place of meeting.
Present: Chairman Flora R. Garrett, presiding, and
Commissioners ..--~:'=x`" S..~i~"n~:I, ,a,z _;~rtia i~,.:~;l.-a•Ef,
_s fJ.`,~:`..:..~"1 '.i:i'~i~~a'l~*3v^.:~ r°•~ `;'.)~.^r.~:9 ~~~r'":1.~ r':~Y
., ~'::~:
Absent : -' .
~` } - ~
~`he Board of Commissioners received from the Orange
County Board of Elections a certified copy of the proceedings
of said Board of Elections taken an November q, 1976, evidenc-
ing said Board's determination of the results of the canvass
of the returns of the special bond referendum held in the Coun'-~ ~
of Orange on November 2, 1876 upon the question of issuing
X6,000,000 County School Bonds of said County.
After said proceedings had been considered and reviewed
by the Board of Commissioners, Commissioner
introduced the following resolution cvhich was read:
RESOLUTION T]ECI;,ARING THE RESULT
OF THE SPECIAL BOND REFERENDUI+I
HELD ON NOVEMBER 2, 1976
BE IT RESOLVED by the Board of Commissioners for the
County of.Orange:
Section 1. The Board of Commissioners fox the County of
Orange, having reviewed from the Orange County Board of Elections
a certified copy of the proceedings of said Board of Elections
taken on November 4, 1876, evidencing said Board's determination
of the results of the canvass of the returns of the special band
- ~
~..
..-
referendum held in the County of Orange on Novo*nber 2, 197G
upon the question of issuing $6,000,000 County Schaal Bands
of said Co?~nty, does hereby declare and certify the result
of said referendum to be the result which is set Earth in the
following statement of the result of said referendum, whirl;
statement has.been prepared by said Board of Commissioners:
STATEbIENT OF THE RESULT
of the
SPECIAL BOND REFERENDUP4
held in the
COUN'T'Y OF ORANGN, NORTH CAROLIIdA
on November 2,.1476
At a special bond referendum bald in the County of Ora?zge
an November 2, 1476, '~-~,~:s~voters vrere registered and qualified
to vote.
At said referendum 1~+73~rotes were cast for the order
adopted on August 18, 1976, authorizing the County of Orange,
North Carolina, to contract a debt, in addition to any and
all other debt vrhich said County may not now ar hereafter have
power of authority to contract, and in evidence thereof to
issue County School Bonds in an aggregate principal amount not
exceeding $6,000,D00 for the purpose of providing funds, Saith
any other available funds, for erecting additional school buald-
ings and other school plant facilities, remodeling, enlarging
and reconstructing existing school buildings and other school
plant facilities, and acquiring necessary land and equipment
therefor, in order to provide additional school facilities in
sa~.d County to maintain the nine monthsT school term as required
by Section 2 of Article IX of the Constitution, and authorizing
the levy of taxes in an amount sufficient to pay the principal
7,0-3~
of and the interest on said bonds, and votes were cast
against said order, and a majority of the qualified voters of
_2 _.
~_ T ~.
,l
~~ r~
C+. ~.
said County Frho voted thereon at saki referendum havinS
voted in favor of the approval of said order, rra.s thereby
kpproved and is in force and effect.
Board of Gommissioners
for the
County of Orange, Idorth Carolina
Section 2. The Clerk of the Board of Commissioners and
Register of Deeds shall file a copy of the foregoing stat~nent
of the results of said referendum in her office, shall insert
such statement in the minutes of the Board of Commissioners and
shall publish such statement once in The Pdews of Orange Cou?~ty
and the Chapel Hi].1 Nev%spaper. A statement in substantia'l1y
the follov~ring form shall be published with the foregoing state-
ment:
Any action or proceeding challenging the regularity or
validity of this bond referendum must be begun tivithin 30 days
after [date of publication].
Board of Commissioners
for the
County of Orange,, North Carolina
Section 3. This resolution shall take effect upon its
passage.
:'l nn ~s :~
Upan motion of Commissioner seconded
i:'aiwb~c3
by Commissioner the foregoing resolution en-
titled: "RESOLUTION DECLARIPdG THE RESULT OF THE SPECIAL BOAiD
REFE;~ENDUIY HELD ON NOVEAiBER 2, 1976" ryas passed by the following
vote:
Ayes: Commissioners
siai4~r
ci ~ ~
Noes:
~ ~: x
.. ri
-3-
~:~' ~ 7
- __, ,. ~-
1, Betty June Hayes, Clerlt of the Board of Cor.~,-rissi,aners
and Register of Dees for the County o,f grange, ldorth Garolxna,
DO }1r.RE$Y CER'f1FY that the foregoing has been carefully .copied
' from the 'recorded minutes of the ~aard of Cammissxoners for said
County at a meeting held on November 16, 1976, at minute book
~O , and is a true copy of so much of said
proceedings of said Board as relate in any vaay to the sneeial
bond referendum held on November 2, 1976.
• I FURTHER CERTX~'Y that a copy of the statement of the
result of the referendum adopted by the resolution set forth
. in the foregoing transcript has been filed in my office.
D1lTNESS my hand .and the official seal of said Board, this
lEth day of" November, 1976.
~ „
~ ~, `
~--iJ
Clerk the Board o;f„ o~ssioners
and Register of Deeds.. ,
w4-