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HomeMy WebLinkAboutAgenda - 06-16-1987A ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA SPECIAL MEETING NOTICE 7:00 P.M. A SPECIAL MEETING HAS BEEN CALLED TO GO INTO EXECUTIVE SESSION TO DISCUSS A PROPERTY MATTER AND POTENTIAL LITIGATION REGULAR MEETING TUESDAY, JUNE 16, 1987 OLD POST OFFICE CHAPEL HILL, N.C. 7 :30 P.M. A. BOARD AND MANAGERS COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked.) 2. Matters not on the Printed Agenda C. MINUTES 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 indivi- dual 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. PAGE # PUBLIC HEARINGS 002 X�+ 1. Wildwood Subdivision (Continuation) D. RESOLUTIONS OR PROCLAMATIONS- 018 1. Human Relations Commission 61 w PAGE # E. REPORTS 021 4. 1. Telephone Task Force 130 F. ITEMS FOR DECISION -- CONSENT AGENDA 7. 163 (Any item may be removed for separate consideration) 022 1. Renewal of Leases - -Head Start, JOCCA, CSCU6 023 ' 2. Renewal of Lease -- Efland Rescue Unit Building 024 3. Amendment to Flight Paramedic Agreement 031 4. Resolution Authorizing Executing of Section 8 Annual Contributions Contracts 040 5. Bid Award - -Dump Truck 042 6. Modification of Food Stamp Contract 050 7. Contract Renewal- -Jail Medical Services 062 �X 8. RSVP Grant Approval o67 9. Budget Amendments 069 10. Authorization to Submit the RSVP Literacy Grant 070 � 11. Lease Extension- -Old Police Building 071 = 12. Special Meeting in Executive Session 072 13. Contract Approval-- Flashboards System 079 14. Contract Approval -- Efland Sewer Project G. ITEMS FOR DECISION -- REGULAR AGENDA 080 1 081 2. 092 -Ae 3. 102 4. 117 5. 130 6. 139 7. 163 ' 8. 164 9. 165 * 10. 166 11. 167 - 12. 171 ')k 13. Animal Control Ordinance Policy- Application of Section III -D -4 -a of the Subdivision Regulations Landscape Policy -- Application of Amendments to Section IV -B -8 McAdams Estates Section II-- Preliminary Plan Richie Woods -- Preliminary Plan Hillsborough Request -- Subdivision Regulations Board of Adjustment Actions Cable T.V. Ordinance Amendments -- Second Reading Proposed Alert Cable Ordinance Franchising Amendments - -First Reading Proposed Carolina Cable Ordinance Franchising Amendments - -First Reading Governor's Statewide Volunteer Awards Program Award County Auction Public Private Partnership By -Laws H. APPOINTMENTS I. ADJOURNMENT ( *) Indicates items that need immediate attention. •, „: ORANGE COUNTY BOARD OF COMUSSIORERS ACTION AGENDA ITEM ABSTRACT MEETING DATE June 16, 1987 ; Subject: MINUTES 001 Action Agenda Item No. 6 Department: BOARD OF COWUSSIONERS Public Hearing: Yes X no Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732--8181, 968-4501, 22T-0231 I PURPOSE:. To correct and/or approve the minutes as submitted for consideration: March 24, 1987 Regular Meeting April 6, 1987 Regular Meeting May 26, 1987 - Public Hearing June 1, 1987 - Continued P.H. and 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: As the Board decides. --fir APPROVED OCTOBER 20,1987 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 16, 1987 The Orange County Board of Commissioners met in regular session on June 16, 1987 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, and Assistant County Managers Albert Kittrell and William T. Laws, EMS Director Bobby Baker, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Purchasing Director Pamela Jones, Director of Department on Aging Jerry Passmore, and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS Chair Marshall added the statement "and authorize the Chair to sign" to items F3 and Fll. Item F11 was moved to G14 and F14 to G15. Attorney Gledhill changed the designated party on item F4 - Section VIII to Orange County instead of Housing Authority. Commissioner Hartwell gave an update report on the Reservoir Site Committee and the Long Range Water Management Strategy Committee and stated that a report will be forthcoming from the Reservoir Site Committee at the next meeting. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Marshall indicated that those who have indicated a desire to speak will be recognized at the time their item appears on the agenda. Because of the length of the agenda, time will not allow additional comments on the Animal Ordinance. She asked that one person make the statement with regards to the school budget. 2. MATTERS NOT ON THE PRINTED AGENDA Sarah Stewart, representative of the Chapel Hill- Carrboro Federation of Teachers, questioned statements made by the Board with regard to not being able to line item specific items and parity. She asked that the Board look at the pay level of those who are involved with the Career Ladder in the Orange County School System when considering parity in the supplemental pay. She emphasized that at the June 8 public hearing on the budget there was an overwhelming concern about education. She asked for full support from the Commissioners for the sake of education. John Schaenman, representative of the Orange County Federation of Teachers, indicated that the Orange County Schools do not equate equity with merger but equate equity with the two schools being funded at the same level. He feels that those who live in the Orange County School District would vote for an additional tax for education. He referred to the comments made at the June 8 public hearing and to the fact that no one asked that taxes be cut but only that if the money is going to the schools that the taxes be increased. He asked that the schools be funded first at a level of 65% before considering the other proposals. 4 1 2 C. MINUTES Commissioner Motion was made by Commissioner Carey, seconded by Halkiotis to approve the minutes for the March 24, 1987 regular meeting as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, Carey to approve the minutes for the April 6, corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, 4- 11 to approve the minutes for the May 26, seconded by Commissioner 1987 regular meeting as seconded by Commissioner 1987 Quarterly Public Har we Hearing as circulated. VOTE: UNANIMOUS. Commissioner Motion was made by Commissioner Hartwell, seconded by Carey to approve the June 1, 1987 regular meeting and May 26, 1987 Continued Joint Public Hearing as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Marshall read the Public Charge. PUBLIC HEARING (Continued) WILDWOOD SUBDIVISION This public hearing was continued to receive the recommendation of the Town of Hillsborough, receive the County Manager's report on drainage problems and traffic accidents and to hear the concerns of Wildwood homeowners. Marvin Collins stated that the Hillsborough Town Board considered the rezoning request of James Rae Freeland and recommended approval of the rezoning to R -3 with the understanding that a cluster development approach would be used to compensate for the terrain. With reference to the drainage problems, the Erosion Control Staff investigated the situation. The problems were identified. The Planning Director's recommendation is that further plat approvals for existing phases and /or sections of Wildwood Subdivision be withheld until the following items are completed: (1) The developer reimburse the County for the cost of hiring an engineer to do a detailed evaluation of the drainage problems to prepare a stormwater management plan to resolve those problems, and to implement that plan. (2) The report and plan would be submitted to orange County for review and submittal to the Board for their approval. It would also be submitted to NCDOT for their review and approval. (3) Installation, by the developer, of all required improvements as shown on the approved stormwater management plan. Collins further recommended that no additional building permits be issued for dwellings in Wildwood Subdivision until the above plans have been prepared and approved, and improvements installed. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Planning Director's recommendation. Collins noted the receipt of a letter from Fritz Brunson whereby they have reviewed this particular abstract and are willing to work with the County in developing a plan that would solve the drainage problems. VOTE: UNANIMOUS. Fritz Brunson spoke on behalf of the developer. He stated that the 3 developer is willing to work with NCDOT to get the streets accepted and to work with the Planning Board to resolve the drainage problems that tation Commissioner Willhoit expressed a concern about the pump s at Wilmore and questioned the capacity of that pump station stating that it is contrary to decisions already made if the Board continues to approve projects that overload the pump stations which makes it unable to serve other areas. He asked that a map be prepared showing where the lines run and the capacity of each line. Chair Marshall asked that this map be prepared for review by the Planning Board and be made a part of their recommendation. Collins noted that the pump station in Wildwood and the one at Wilmore are connected by a force main which does have the capacity to serve the additional units proposed in Section IV of Wildwood. The consulting engineer for Hillsborough calculated out what the excess capacity was at those facilities. In calculating the excess capacity, he projected a 250 unit buildout for Wildwood Subdivision. An R -3 rezoning would mean a buildout of approximately 243 units. The capacity is available for this development. However, there is no additional capacity for the Meadowlands. The projection includes the capacity for a 60- unit motel site on NC86 which is part of the Occoneechee Point Project which has not yet been approved by the Board. A member of the Homeowners Association commented about the lack of public restrooms at the construction site. The State Health Department requires bathroom facilities to be available. He asked that this be investigated. He made comments about the high water bills and noted that the people in this area cannot vote for members of the Hillsborough Town Board and have no one to hear their complaints. Chair Marshall explained that the water and sewer system is to be self- supporting and those people who receive these services are being charged an amount which assures the system be self- supporting. Commissioner Halkiotis asked if the Health Department could look into the concern expressed about the lack of restrooms at the construction site and Commissioner Carey indicated they would. Alan Fuller asked about the extent of the investigation into the drainage problems and asked if this report would address the runoff as well and Chair Marshall indicated it would. WITH NO FURTHER COMMENTS, THE HEARING WAS CLOSED. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to refer the rezoning request to the Planning Board for a recommendation to be received on August 3, 1987. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. Human Relations Commission (Copy of resolution and charge are in the permanent agenda file in the Clerk's office.) Commissioner Carey presented a proposal to form an orange County Human Relations Commission and stated it was in response to recent events associated with the Klan march in Chapel Hill. The goal of this Commission will be to work on human relations and mutual understanding and tolerance in orange County on a year round basis. The scope of discrimination is very broad and is to include all forms of discrimination. He asked that the resolution and charge be approved by the Board. Commissioner Halkiotis asked that the County Attorney report back to the Board if it is legal to charge a group the cost for police protection in situations that may endanger the lives of citizens in the County. r ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA SPECIAL MEETING NOTICE 7:00 P.M. A SPECIAL MEETING HAS BEEN CALLED TO GO INTO EXECUTIVE SESSION TO DISCUSS A PROPERTY MATTER AND POTENTIAL LITIGATION REGULAR MEETING TUESDAY, JUNE 16, 1987 OLD POST OFFICE CHAPEL HILL, N.C. 7 :30 P.M. Itlll. BOARD ! MANAGERS * I V B. AUDIENCE COMMENTS 1• Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked.) 2• Matters not on the Printed Agenda C. MINUTES 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. any time should any member of the Board or any citizentfail to observe this public charge, the Chair will ask the offending person to leave the meeting until that indivi- dual 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. PAGE # PUBLIC HEARINGS 002 1. Wildwood Subdivision (Continuation) D. RESOLUTIONS OR PROCLAMATIONS - 018 1. Human Relations Commission APPROVED FEBRUARY 1, 1988 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION JUNE 16, 1987 A budget work session was held on June 16, 1927 at 4:00 P.M. at Lincoln Center, Chapel Hill, North Carolina. BOARD MEM ERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, EMS Director Bobby Baker, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Deputy Finance Officer Ken Chavious, Finance Analyst Donna Wagoner, Director of Purchasing Pam Jones, Elections Supervisor Bobby Strickland and Director of Personnel Beverly Whitehead. BOARD OF ELECTIONS Peg Parker explained the process that had been used in following Board Policy and purchasing three new voting machines each year beginning in 1981. The voting machines have been purchased from four (4) different vendors. The vendor used in 1987 can no longer provide service on the older machines and proposed turning in all the old machines for new ones at a cost of $61,000 (16 optic three tabulators). The allocation for 1986 has been put on hold so that other possibilities could be explored and two different vendors have made presentations to the Board of Elections. She noted that Pitt County has voting machines for sale and the Board of Elections will look at this proposal before a final decision is made. She asked that the Board meet with the Board of Elections to review all the proposals they have received. Chair Marshall noted that the money from 1986 would be carried forward with the allocation for three new voting machines included in the 1987 budget. The Board of Elections is in a better position to make a decision on this issue. Discussion ensued on the possibilities of providing the maintenance on these machines locally. equipment has been received which wil allow htheroCountstt,oted that the machines to read the ballots. County stated the Chair Marshall requested a time line for getting information and a time line for getting the machines in place. It was decided that a decision needs to be made on the purchase of machines by the 1988 May primary. er County ifoonlystonh veythemifornbackup udorsed the machines from Pitt The Board asked that the Board of Elections provide a recommendation to the Board on the number of machines needed by each precinct. A meeting will be held for continued dialogue between the Board and the Board of Elections. PURCHASING AND CENTRAL SERVICES Pam Jones %referred to page 69 and stated that a half time position is being requested to expand the pickup services in Hillsborough. There are presently 13 different county offices. While the courier serves all these locations, it is extremely difficult to process the mail and get it to the Post office on time. This' person would also help with Central Store activities and do some xeroxing for the various offices. Currently, the ` T,partment on Aging buses provide courier service between Chapel Hill and Hillsborough. With reference to the telephone system, several options have been reviewed and the automatic dialing seems to appear to be the best option at this time. PERSONNEL Chair Marshall noted that going from the State System and implementing a County Pay Plan presents some questions about pay equity, comparable worth, etc. She asked for further explanation on flexible benefits and what advantages or disadvantages would be derived from a new pay plan. Beverly Whitehead explained the proposed pay plan for 1987 -88. The basic salary schedule would be used as a basis for assigning classes of positions to pay grades and the application of the pay plan to individual employees. The current salary schedule does not provide for an equal percent amount between steps or between grades. The new pay plan reflects local policies and addresses local concerns and issues. She explained that the County has had as a policy to adopt the state salary schedule. When adopting this salary schedule, it is adopting a numerical table -- not the state pay plan. The "zero" hiring rate which appears on the salary schedule has not been used by the State for a year and a half. The County has adopted the schedule but the same pay practices are not in place. The three goals set in developing a new pay plan tailor -made for Orange County were (1) equity and pay practices which provides for an equal percent amount between each step and each grade, (2) ability to attract quality staff, and (3) ability to retain quality staff. The proposed schedule would accomplish these three goals. The Manager's recommended budget includes reclassifications as a result of significant changes in the job and salary grade provisions based on a market survey. The salaries for clerical personnel and eligibility specialist positions in Social Services have been .addressed with this new pay plan. She reviewed the positions as listed on the personnel detail distributed to the Board and stated that a strategy for implementation needs to be developed. There are several options for moving an employee from the old schedule to the new schedule. Each option would vary the increase received by an employee -- from 5% to 8 %. At the request of Chair Marshall, Beverly Whitehead explained how the pay plan applies to both Health and Social Services. Commissioner Halkiotis asked that a comparison be done of the salaries for clerical personnel between the County, the Schools and the University. Beverly Whitehead explained there is a different numberical table for public education with a separate schedule for all other State employees. Commissioner Willhoit suggested using a percentage range for moving into the new pay plan with a one step increase to reflect the reclassifi- cation. Discussion ensued and although the Board agreed generally to go with the new pay plan, it was decided to wait on the results of the comparison that Commissioner Halkiotis requested between the salaries of the clerical employees before taking definite action. Commissioner Willhoit suggested and the Board agreed to direct the manager and the staff to bring back to the Board a proposal which would provide a way to move to the new salary schedule with the transition from the old to the new being the step that is nearest to five percent and to indicate a range.that will accomplish this transition. FLEXIBLE BENEFIT PLAN Discussion was postponed to a later date. Beverly A. Blythe, Clerk Shirley E. Marshall, Chair l - APPROVED 2/1Z88 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUDGET WORK SESSION JUNE 16, 1987 A budget work session was held on June 16, 1987 at 4:00 p.m. at Lincoln Center, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall, and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William T. Laws and Albert Kittrell, EMS Director Bobby Baker, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Deputy Finance Officer Ken Chavious, Finance Analyst Donna Wagoner, Director of Purchasing Pam Jones, Elections Supervisor Bobbi Strickland and Director of Personnel Beverly Whitehead. BOARD OF ELECTIONS Peg Parker explained the process that had been used in following Board policy and purchasing three new voting machines each year beginning in 1981. The voting machines have been purchased from four (4) different vendors. The vendor used in 1987 can no longer provide service on the older machines and proposed turning in all the old machines for new ones at a cost of $61,000 (16 optic three tabulators). The allocation for 1986 has been put on hold so that other possibilities could be explored and two different vendors have made presentations to the Board of Elections. She noted that Pitt County has voting machines for sale and the Board of Elections will look at this proposal before a final decision is made. She asked that the Board meet with the Board of Elections to review all the proposals they have received. Chair Marshall noted that the money from 1986 would be carried forward with the allocation for three new voting machines included in the 1987 budget. The Board of Elections is in a better position to make a decision on this issue. Discussion ensued on the possibilities of providing the maintenance on these machines locally. Keith Brooks stated that the equipment has been received which will allow the County to program the machines to read the ballots. Chair Marshall requested a time line for getting information and a time line for getting the machines in place. It was decided that a decision needs to be made on the purchase of machines by the 1988 May primary. Commissioner Willhoit endorsed purchasing the machines from Pitt County if only to have them for backup use. The Board asked that the Board of Elections provide a recommendation to the Board on the number of machines needed by each precinct. A meeting will be held for continued dialogue between the Board and the Board of Elections. PURCHASING AND CENTRAL SERVICES Pam Jones referred to page 69 and stated that a half time position is being requested to expand the pickup services in Hillsborough. There are presently 13 different county offices. While the courier serves all these locations, it is extremely difficult to process the mail and get it to the Post office on time. This person would also help with Central Store ''dbtivities and do some xeroxing for the various offices. Currently, the 'Department on Aging buses provide courier service between Chapel Hill and Hillsborough. With reference to the telephone system, several options have been reviewed and the automatic dialing seems to appear to be the best option at this time. PERSONNEL Chair Marshall noted that going from the State System and implementing a County Pay Plan presents some questions about pay equity, comparable worth, etc. She asked for further explanation on flexible benefits and what advantages or disadvantages would be derived from a new pay plan. Beverly Whitehead explained the proposed pay plan for 1987 -88. The basic salary schedule would be used as a basis for assigning classes of positions to pay grades and the application of the pay plan to individual employees. The current salary schedule does not provide for an equal percent amount between steps or between grades. The new pay plan reflects local policies and addresses local concerns and issues. She explained that the County has had as a policy to adopt the state salary schedule. When adopting this salary schedule, it is adopting a numerical table not the state pay plan. The "zero" hiring rate which appears on the salary schedule has not been used by the State for a year and a half. The County has adopted the schedule but the same pay practices are not in place. The three goals set in developing a new pay plan tailor -made for Orange County were (1) equity and pay practices which provides for an equal percent amount between each step and each grade, (2) ability to attract quality staff, and (3) ability to retain quality staff. The proposed schedule would accomplish these three goals. The Manager's recommended budget includes reclassifications as a result of significant changes in the job and salary grade provisions based on a market survey. The salaries for clerical personnel and eligibility specialist positions in Social Services have been addressed with this new pay plan. She reviewed the positions as listed on the personnel detail distributed to the Board and stated that a strategy for implementation needs to be developed. There are several options for moving an employee from the old schedule to the new schedule. Each option would vary the increase received by an employee -- from 5% to s %. At the request of Chair Marshall, Beverly Whitehead explained how the pay plan applies to both Health and Social Services. Commissioner Halkiotis asked that a comparison be done of the salaries for clerical personnel between the County, the Schools and the University. Beverly Whitehead explained there is a different numberical table for public education with a separate schedule for all other State employees. Commissioner Willhoit suggested using a percentage range for moving into the new pay plan with a one step increase to reflect the reclassifi- cation. Discussion ensued and although the Board agreed generally to go with the new pay plan, it was decided to wait on the results of the comparison that Commissioner Halkiotis requested between the salaries of the clerical employees before taking definite action. Commissioner Willhoit suggested and the Board agreed to direct the manager and the staff to bring back to the Board a proposal which would provide a way to move to the new salary schedule with the transition from the old to the new being the step that is nearest to five percent and to indicate a range that will accomplish this transition. FLEXIBLE BENEFIT PLAN Discussion was postponed to a later date. Beverly A. Blythe, Clerk Shirley E. Marshall, Chair 001 ORANGE Coumff Action Agenda BOARD OF COMMISSIONERS Item No. a ACTION AGENDA ITEM ABSTRACT NEETING Subject: MINUTES Department: BOARD OF COMMISSIONERS Public Hearing: Yes X no Attachments: ] Information Contact: Beverly A. Blythe Under Separate Cover 0. [Phone Numbers: 732-8181, 968-4501, 22T-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: March 24, 1987 Regular Meeting April 6, 1987 Regular Meeting May 26, 1987 - Public Hearing June 1, 1987 - Continued P.H. and 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, REcOmmEmmmoN• As the Board decides. • i 1 APPROVED OCTOBER 20 1987 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 16, 1987 The Orange County Board of Commissioners met in regular session on June 16, 1987 at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr., Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, and Assistant County Managers Albert Kittrell and William T. Laws, EMS Director Bobby Baker, Clerk to the Board Beverly Blythe, Planning Director Marvin Collins, Housing and Community Development Director Tara Fikes, Purchasing Director Pamela Jones, Director of Department on Aging Jerry Passmore, and Planner Greg Szymik. A. BOARD AND MANAGERS COMMENTS Chair Marshall added the statement "and authorize the Chair to sign" to items F3 and F11. Item Fll was moved to G14 and F14 to G15. Attorney Gledhill changed the designated party on item F4 - Section VIII to Orange County instead of Housing Authority. Commissioner Hartwell gave an update report on the Reservoir Site Committee and the Long Range Water Management Strategy Committee and stated that a report will be forthcoming from the Reservoir Site Committee at the next meeting. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Marshall indicated that those who have indicated a desire to speak will be recognized at the time their item appears on the agenda. Because of the length of the agenda, time will not allow additional comments on the Animal Ordinance. She asked that one person make the statement with regards to the school budget. 2. MATTERS NOT ON THE PRINTED AGENDA Sarah Stewart, representative of the Chapel Hill - Carrboro Federation of Teachers, questioned statements made by the Board with regard to not being able to line item specific items and parity. She asked that the Board look at the pay level of those who are involved with the Career Ladder in the Orange County School System when considering parity in the supplemental pay. She emphasized that at the June 8 public hearing on the budget there was an overwhelming concern about education. She asked for full support from the education. Commissioners for the sake of John Schaenman, representative of the Orange County Federation of Teachers, indicated that the Orange County Schools do not equate equity with merger but equate equity with the two schools being funded at the same level. He feels that those who live in the Orange County School District would vote for an additional tax for education. He referred to the comments made at the June 8 public hearing and to the fact that no one asked that taxes be cut but only that if the money is going to the schools that the taxes be increased. He asked that the schools be funded first at a level of 65% before considering the other proposals. 0 4 2 C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the minutes for the March 24, 1987 regular meeting as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the minutes for the April 6, 1987 regular meeting as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the minutes for the May 26, 1987 Quarterly Public Hearing as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the June 1, 1987 regular meeting and May 26, 1987 Continued Joint Public Hearing as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Marshall read the Public Charge. PUBLIC HEARING (Continued) WILDWOOD SUBDIVISION This public hearing was continued to receive the recommendation of the Town of Hillsborough, receive the County Manager's report on drainage problems and traffic accidents and to hear the concerns of Wildwood homeowners. Marvin Collins stated that the Hillsborough Town Board considered the rezoning request of James Rae Freeland and recommended approval of the rezoning to R -3 with the understanding that a cluster development approach would be used to compensate for the terrain. With reference to the drainage problems, the Erosion Control Staff investigated the situation. The problems were identified. The Planning Director's recommendation is that further plat approvals for existing Phases and /or sections of Wildwood Subdivision be withheld until the following items are completed: (1) The developer reimburse the County for the cost of hiring an engineer to do a detailed evaluation of the drainage problems to prepare a stormwater management plan to resolve those problems, and to implement that plan. (2) The report and plan would be submitted to Orange County for review and submittal to the Board for their approval. It would also be submitted to NCDOT for their review and approval. (3) Installation, by the developer, of all required improvements as shown on the approved stormwater management plan. Collins further recommended that no additional building permits be issued for dwellings in Wildwood Subdivision until the above plans have been prepared and approved, and improvements installed. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Planning Director's recommendation. Collins noted the receipt of a letter from Fritz Brunson whereby they have reviewed this particular abstract and are willing to work with the County in developing a plan that would solve the drainage problems. VOTE: UNANIMOUS. Fritz Brunson spoke on behalf of the developer. He stated that the 3 developer is willing to work with NCDOT to get the streets accepted and to work with the Planning Board to resolve the drainage problems that exist. Commissioner Willhoit expressed a concern about the pump station at Wilmore and questioned the capacity of that pump station stating that it is contrary to decisions already made if the Board continues to approve projects that overload the pump stations which makes it unable to serve other areas. He asked that a map be prepared showing where the lines run and the capacity of each line. Chair Marshall asked that this map be prepared for review by the Planning Board and be made a part of their recommendation. Collins noted that the pump station in Wildwood and the one at Wilmore are connected by a force main which does have the capacity to serve the additional units proposed in Section IV of Wildwood. The consulting engineer for Hillsborough calculated out what the excess capacity was at those facilities. In calculating the excess capacity, he projected a 250 unit buildout for Wildwood Subdivision. An R--3 rezoning would mean a buildout of approximately 243 units. The capacity is available for this development. However, there is no additional capacity for the Meadowlands. The projection includes the capacity for a 60- unit motel site on NC86 which is part of the Occoneechee Point Project which has not yet been approved by the Board. A member of the Homeowners Association commented about the lack of public restrooms at the construction site. The State Health Department requires bathroom facilities to be available. He asked that this be investigated. He made comments about the high water bills and noted that the people in this area cannot vote for members of the Hillsborough Town Board and have no one to hear their complaints. Chair Marshall explained that the water and sewer system is to be self- supporting and those people who receive these services are being charged an amount which assures the system be self- supporting. Commissioner Halkiotis asked if the Health Department could look into the concern expressed about the lack of restrooms at the construction site and Commissioner Carey indicated they would. Alan Fuller asked about the extent of the investigation into the drainage problems and asked if this report would address the runoff as well and Chair Marshall indicated it would. NO FURTHER COMMENTS, CLOSEDI Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to refer the rezoning request to the Planning Board for a recommendation to be received on August 3, 1987. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. Human Relations Commission (Copy of resolution and charge are in the permanent agenda file in the Clerk's office.) Commissioner Carey presented a proposal to form an Orange County Human Relations Commission and stated it was in response to recent events associated with the Klan march in Chapel Hill. The goal of this Commission will be to work on human relations and mutual understanding and tolerance in Orange County on a year round basis. The scope of discrimination is very broad and is to include all forms of discrimination. He asked that the resolution and charge be approved by the Board. Commissioner Halkiotis asked that the County Attorney report back to the Board if it is legal to charge a group the cost for police protection in situations that may endanger the lives of citizens in the County. Joe Hertzenberg stated agreement with the proposal with one addition to the charge that would make an exclusive reference to gay People. He suggested that sexual orientation be added to the list as contained in item five under the title of Duties. Macastuis Martinus asked that the Commission include discrimination to handicapped children. He asked that the charge be strong enough to actually allow the issues to be addressed. Commissioner Carey indicated the Commission would not enforce laws but bring to the Board those instances where violations occur and to recommend and engage in certain activities to prevent violations to the law as it relates to discrimination and to engage in activities to promote understanding and tolerance in situations which may give rise to discrimination. He proposed that the char a be a as suggested by Joe Hertzenberg, g Pproved with an amendment Commissioner Halkiotis opposed changing the charge. He stated the proposal includes all facets of society and all relationships. Sexual government need not get involved. preference is a very private and personal responsibility and one is which Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the resolution and charge as amended. VOTE: AYES, 4; NOES, 1 (Commissioner Halkiotis) E. TELEPHONE TASK FORCE file in the Clerk's Office) (copy of the letter is in the permanent agenda Ms. Daryl Dunlap reported for the task force. She proposed reply to NC Utilities Commission Docket P -10, SUB 428r Failure of the Hillsborough Central Office of Centel Telephone Company on April 3, as ordered by the NCUC on June 1, 1987 which is due June 18th at the Utilities Commission. Two requests are made in the letter. With the acceptance of the two major requests the task force is asking that the docket be closed. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the recommendation as outlined in the letter to the Utilities Commission and authorize the Chair to sign. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Care Halkiotis to approve the consent agenda as listedebelowa by Commissioner 1. RENEWAL OF LEASES FOR HEAD START JOCCA AND CSCU6 To approve lease renewals for Wake Opportunities, Community School for People Under Six from JulloughCJune 30d 1988 and authorize the Chair to sign on behalf of the Board. 87 t 2• RENEWAL OF LEASE - EFLAND RESCUE UNIT BUILDING To approve a lease renewal for the Efland Rescue Unit Building through June 30, 1988 and authorize the Chai Board. r to sign on behalf of the 3• AMENDMENT TO FLIGHT PARAMEDIC AGREEMENT CONSENT AGENDA TO BE CONSIDERED LATER IN THE AGENDA. DELETED FROM THE 4. SECTION 8 ANNUAL CONTRIBUTIONS CONTRACT To adopt a resolution authorizing execution of the Section 8 Moderate Rehabilitation Housing Assistance Program and to authorize th Chair to sign the Master Section 8 Annual Contributions Contract on behalf of the board. e k, 5. BID AWARD - DUMP TRUCK To award the bid to Cardinal International for a cab and chassis with 15 cubic yard capacity dump body for a sum of $45,359.34. One other bid was received from North State Ford in the amount of $46,219.00. 6. MODIFICATION OF FOOD STAMP CONTRACT To amend the Food Stamp Contract to authorize Martha Pryor- Cook, Director of Social Services to serve as Contract Administrator for the agreement between Orange County and Cost Containment, Inc. 7. CONTRACT RENEWAL - JAIL MEDICAL SERVICES To renew the contract with orange Family Medical Center for July 1 through June 30, 1988 for an annual sum of $6,600 and authorize the Chair to sign on behalf of the Board. S. RSVP GRANT APPROVAL To approve the ACTION Grant No. 440 - 4768/06 for the Retired Senior Volunteer Program for FY 1987 -1988 and authorize the Chair to sign the Notice of Grant Award. 9. BUDGET AMENDMENTS To amend the 1986 -87 Budget Ordinance by the following amendment: GENERAL FUND Appropriation - Social Services Source - Respite Care $ 3,571 $ 3,571 10. AUTHORIZATION TO SUBMIT THE RSVP LITERACY GRANT To approve the submission of the RSVP application to Laubach Literacy Action for a RSVP Literacy Grant in the amount of $5,000. 11. LEAVE EXTENSION - OLD POLICE BUILDING - MOVED TO ITEM G14 12. SPECIAL MEETING IN EXECUTIVE SESSION To approve a special meeting for July 1, 1987 at 8:00 P.M. in the Board of Commissioners' Room to go into Executive Session to consider a personnel matter. 13. CONTRACT APPROVAL - FLASHBOARDS SYSTEM To approve the contract with Crain and Denbo, Inc. in the amount of $21,978.00 for construction of a spillway flashboard system at Lake Orange; and authorize the Chair to sign on behalf of the Board. 14. CONTRACT APPROVAL - EFLAND SEWER PROJECT - MOVED TO ITEM G15 VOTE: UNANIMOUS. 3. AMENDMENT TO FLIGHT PARAMEDIC AGREEMENT Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve an amendment to the Agreement between the North Carolina Memorial Hospital and Orange County concerning on- flight emergency medical coverage to provide one additional full -time flight paramedic and to Chair to sign. adjust the monthly rate of reimbursement to the County and authorize the VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. ANIMAL CONTROL ORDINANCE 6 (Changes refer to comments made by the County Attorney in a letter dated June 12, 1987 which is attached to these minutes as pages �0 ; n y�21 The Board made reference to a letter from the County Attorney which contained comments and recommendations concerning the proposed Ordinance. These changes to the Ordinance as approved by the Board are listed below: I. Section 1 - Authority should read "This ordinance is adopted pursuant to the power granted Orange County in North Carolina General Statute Sections 153A -121, 153A- 127, 153A -153 and 153A -442. 2. Section IIIC -- add "Animal Cruelty Investigators" to the list of persons to which Orange County Animal Control Officers would report observed animal cruelty or animal abuse. Add a sentence to this section which states "All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control Offices of Orange County ". Reword VIIIE.1 to read "Have the responsibility along with law enforcement agencies and where applicable with Animal Cruelty Investigators tofenforce..... 3. The provision in Section V, paragraph B which makes reference to "financial hardship" was deleted from the Ordinance and referred back to the Task Force for a recommendation to include a process for administration. (Everything was deleted in this section after the word "timelf.) 4. Reword Section VI to read as follows: "All other Orange County ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. The Ordinance to Provide for Animal Control and Protection in Orange County, adopted May 15, 1979 as amended October 3, 1983, is hereby repealed." (The appropriate reference to the Wild Animal Ordinance will be included in this section by the County Attorney). 5. Definition No. 8 in Section VII regarding commercial kennels was referred to the Health Board for a recommendation on standards for commercial and non- commercial standards and appropriate standards for small and large kennels. 6. Section XII regarding steel jaw traps was deleted. 7. It was clarified that the intent of the word "stray" and the term "at large" was not to include domesticated livestock. 8. Delete definition No. 27 "torture or torment" and remove the words "to torture any animal" in Section XIA. 9. Reword definition No. 29 as follows: "Vicious Animal: any animal on or off the premises of its owner or keeper, security dog excluded, which is three months of age or older and without provocation has bitten, killed, or caused physical harm through bites to people who are not trespassing and animals that are not where their owners have told they cannot be. Any dog that is owned or harbored for the purpose of dog fighting or training for dog fighting is also defined as a vicious animal. 14. Section VIIIC: delete from the third, fourth and fifth lines "or other appointed agent, including, but not limited to, Emergency Animal Rescue workers." Section VIIIE.6: delete "or other person assisting with the Animal Control Program." Section XIIIE: delete "or his or her designee." 7 Section XVIC: delete "or person duly authorized by the Animal Control Director.11 Section XXA: delete "or other appropriate representative of the Animal Control Program." Section XXIA.1.b: delete "or person duly authorized by the Animal Control Director." Section XXIIC.1: the phrase "Any official authorized by the" preceding Animal Control Director should be omitted. 11. Reword Section IX to require that dogs be under the control of the owner... 12. Clarify that Section XIH refers to a vehicle "without ventilation." Place a comma after "trunk of vehicle" and continue with 'for closed compartment of vehicle" and delete the section dealing with animals transported in an open bed of a pickup truck. 13. Delete Section XIJ which makes it unlawful to tie or restrain an animal on public property for a period of thirty minutes or more unless that animal has access to adequate food and water and adequate shelter. 14. Rewrite the last clause of Section XVC as follows: "in any event, and except as may be otherwise provided by law, the Animal Shelter and Animal Control program shall have no liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animals condition." 15. Delete from Section XVI "or citation ". 16. Leave Section XVIII requiring cats to wear valid rabies tags. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Animal Control Ordinance with the changes as listed above and to refer to the Board of Health Section VII regarding commercial and non commercial standards and /or appropriate standards for small and large kennels and request a recommendation to accommodate hunting dogs. VOTE: UNANIMOUS. 2. POLICY- APPLICATION OF SECTION III -D -4 -a OF THE SUBDIVISION REGULATIONS Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve an interim policy which would permit subdivision plats to be a p preliminary ebdivi approved without required certifications or P provided, however, agency comments and /or recommendations with regard to preliminary plats must still be obtained, and, as a condition of approval, required certifications or permits must be obtained from each applicable agency prior to submission and approval of the final subdivision plat and direct the Planning Staff to prepare an amendment to the subdivision Regulations which provides consistency between ordinance provisions and actual approval procedures. VOTE: UNANIMOUS. 3. LANDSCAPE POLICY - APPLICATION OF AMENDMENTS TO SECTION IV B -8 Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve a policy which states that "subdivisions will be exempt from compliance with Section IV- B- 8 -c -1, Required Landscaping if: (1) in the case of a major subdivision, preliminary plan approval was obtained between December 1, 1986 and March 24, 1987 and (2) in the case of minor subdivisions, sketch plan approval was obtained between December 1, 1986 and March 24, 1987 and that the Planning Staff be directed to bring forth an ordinance amendment to implement the policy. 8 VOTE: UNANIMOUS. 4. MCADAMS ESTATES SECTION II- PRELIMINARY PLAN Greg Szymik presented for consideration a preliminary plan for McAdams Estate Section II. The property is located in Hillsborough on the east side of McAdams Road. Six lots are proposed out of 1.82 acres. Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve the preliminary plan as recommended by the Planning Board as stated below if the policy has been approved allowing certification from the Town of Hillsborough (water and sewer) and the State of North Carolina (water, sewer and streets) prior to the submission of the Final Plat and subject to the following conditions: (1) Driveway access for Lots 3 through 8 must be restricted to Westdale Court. (2) Water and sewer lines must be extended at the expense of the developer and in accord with Town of Hillsborough water and sewer extension policies as follows: (a) Plans must be submitted by the developer to the Town Engineer for review and approval. Subsequent to his approval, the plans must be approved by the Hillsborough Town Board and the State of North Carolina. (b) The developer must execute water and sewer line extensions in conformance with the approved plans and any standards set by the above parties. The developer must also execute all required documents and reimburse the Town Engineer for all costs associated with plan review and approval procedures. The Town of Hillsborough will not commit to providing water and sewer service until the above policies have been complied with. (3) Utilities must be placed underground consistent with the Town of Hillsborough's Zoning ordinance. (4) Front yard setbacks must be labeled on the lots. The N.C. Department of Transportation (NCDOT) has indicated that site distance is adequate at the intersection of Westdale Court and McAdams Road, however, a flare intersection design is recommended. VOTE: UNANIMOUS. 5. RICHIE WOODS - PRELIMINARY PLAN Greg SZymik presented for consideration a preliminary plan for Richie's Woods. The property is located in Little River Township on Kim's Drive. One lot will be created from a 10.72 acre tract. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan subject to four conditions: (1) No further subdivision shall be permitted of tract 1N. (2) A "Class All Private road must be constructed through the frontage of the tract. (3) Revise the existing road maintenance agreement or prepare a new road maintenance agreement to provide stipulations for public dedication and require upgrading of the private roads in Spring Crest Meadow to public roads when further subdivision results in density levels which would meet NCDOT standards for acceptance of road maintenance responsibility. (4) Provision of a landscape plan demonstrating compliance with Section IV -B -8 of the Subdivision Regulations, including location of existing trees, land use buffers and areas to be planted. VOTE: UNANIMOUS. 9 6. HILLSBOROUGH REQUEST - SUBDIVISION REGULATIONS The Town of Hillsborough in a letter dated June 9, 1987 requested that the County relinquish administration of the Subdivision Regulations within the Town's planning and zoning jurisdiction upon adoption by the Town of its own ordinance. Motion was made by Commissioner Carey, seconded by Chair Marshall to agree to relinquish administration and enforcement of its Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction upon adoption of the Town's subdivision regulations under the following conditions: (1) The Town provides Orange County with the opportunity to review and comment on the proposed regulations prior to adoption; and (2) The Town adopts and incorporates into its zoning ordinance and subdivision regulations design standards applicable within the Major Transportation Corridors of I-85 and I -40 and which meet, as a minimum, the Recommendations for Basic Design Standards along Interstate 40 as prepared by the I -40 Subcommittee of the TJCOG Regional Image Task Force. VOTE: UNANIMOUS. 7. BOARD OF ADJUSTMENT ACTIONS Collins presented two situations in which two applicants requested a variance to subdivide acreage into lots less than the two acre minimum. The first applicant David Ripperton was granted a variance and the second applicant Habitat for Humanity was not granted a variance. After a lengthly discussion, the Board decided not to take any action on this item. 8. CABLE T.V. ORDINANCE AMENDMENTS - SECOND READING (A copy of the amended ordinance is in the official Ordinance Book in the Clerk's office). Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the amendments to the Cable Television Ordinance as presented and contained in the Ordinance. VOTE: UNANIMOUS. .EA IING (A copy of the amendment is in the July 6 permanent agenda file.) Commissioner Hartwell asked that the ordinance be specific in three areas: (1) amount of main trunk cable to be constructed, (2) the schedule for construction of this cable, and (3) its adequacy to serve the unincorporated areas of the County. He suggested that Alert provide to the County by December 31, 1987 a detailed map and schedule of the trunk line they will construct and an engineering report demonstrating that this trunk cable is constructed to meet the requirements of the Franchise and that the construction schedule be apportioned in such a way that by December 31, 1993 that it all be built. Mr. Norman Vogl, Chair of the Cable T.V. Task Force stated that what Commissioner Hartwell suggested is what was proposed when cable service was first contemplated for Orange County. Doug Keel of Alert Cable questioned the definition of overbuild and the fact that there is no relief of an overbuild requirement which means that anywhere Carolina has laid trunk cable, Alert is obligated to build trunk over the top of that already there. He stated that a company cannot make that kind of investment without some kind of potential return on that investment. Keel suggested that a requirement be included in the ordinance whereby any cable operator would have to submit to the County Manager annually a map showing hat is 10 g proposed to be built in the upcoming year. It is difficult to project five years and know what the density may be in any given area. Vogl concurred that it is extremely difficult to plan five years in the future and agreed with submitting a plan annually. After further discussion it was decided to amend No. 1 on page 8 to read "all such main trunk cables shall be built in accordance with a confidential detailed map, schedule and engineering plan to be supplied by the grantee prior to December 31, 1987. This plan will demonstrate the adequacy of the trunk cable to meet the franchise requirements in the unincorporated areas of the County and will apportion construction of the trunk mileage equally by year so as to bring about completion prior to December 31, 1993. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the first reading of the Ordinance as amended. VOTE: UNANIMOUS. 10. PROPOSED CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST READING (A copy of the amendment is in the July 6 permanent agenda file.) Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the proposed amendment to Cable T.V. Franchise. VOTE: UNANIMOUS. The Board requested and Mr. Vogl agreed to bring back to the Board a proposed composition and charge for the continuation of the Cable T.V. Task Force. 11. GOVERNOR'S STATEWIDE VOLUNTEER AWARDS PROGRAM AWARD Item postponed until July 6 meeting. 12. COUNTY AUCTION Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt a resolution authorizing the Director of Purchasing and Central Services to conduct an auction of those personal property items declared surplus or confiscated and to approve the addition of the UNC Campus Police confiscated items for County auctions. VOTE: UNANIMOUS. 13. PUBLIC PRIVATE PARTNERSHIP BY -LAWS No changes were made. 14. LEASE EXTENSION - OLD POLICE BUILDING Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the lease extension from July 12, 1987 to September 12, 1987 and to authorize the Chair to sign. VOTE: UNANIMOUS. 15. CONTRACT APPROVAL - EFLAND SEWER PROJECT Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the contract with Lanza Construction Company in the amount of $1,258,045 for construction of the Efland Sewer and authorize the Chair to sign on behalf of the Board and to adopt a right -of -way certification as presented at the meeting by the County Attorney and authorize the Chair to sign. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: ECONOMIC DEVELOPMENT COMMISSION - Guido DeMaere COMMISSION FOR WOMEN - Judy Eastman 11 OWASA BOARD OF DIRECTORS - Lois Herring DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Paul Leung and Ernie Mills. ORANGE COUNTY PLANNING BOARD -- Virginia Boland ADJOURNMENT With no further items to be considered, Chair Marshall adjourned the meeting at 11 :55 P.m. The next regular meeting will be held on July 6, 1987 in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk 0 R A N G E C 0 U N T Y BOARD-OF COMMISSIONERS 002 ACTION AGENDA ITEM ABSTRACT Meeting Date Action nd a Item SUBJECT: Z-2-87 WILDWOOD SECTION IV - REZONING REQUEST (REFER TO 5/26/87 AND 6/1/87 AGENDA PACKETS FOR BACKGROUND MATERIAL) DEPARTMENT: PLANNING PUBLIC HEARING X ------------- -Yes No ATTACHMENT(S)--: INFORMATION CONTACT! Town Of Hillsborough Recommendation NCDOT Traffic Accident Data Report - Wildwo'od Drainage Problems Report - Homeowners Association Concerns Telephone- Numbers Hillsborough - 732-8181 Durham - 688 -7331 - Mebane - 227-2031 Chapel Hill - 968-4501 Marvin Collins PURPOSE: To receive citizen comment on a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas.-_ This item was continued from the May 26, 1987 and June 1, 1987 Joint Public Hearings to receive the recommendation of the Town of Hillsborough, information regarding the number of traffic accidents on N.C. Highway 86, and reports Pertaining to drainage problems in Wildwood Subdivision and the concerns of the Wildwood Homeowne-_ rs Association. BACKGROUND: Wildwood Corporation of Hillsborough has requested rezoning of 28.80 acres or 1,254,528 square feet of land. The property is located west of the present Wildwood Subdivision off N.C. 86 in Hillsborough Township. The property is designated Ten Year Transition In the Land Use Plan. The present zoning --of the is Residential -2 (-R-2.).-. The applicant is requesting propert thay t the zoning classification be changed to Residential-4 (R-4). A similar request (R-1 to R-4) was made by the applicant In November, 1985. In response --to a Town of Hillsborough recommendation - (either R-2 or R-3), to- - pographic constraints and traffic concerns, the Board of Commissioners approved changing the zoning designation from R-1 to R-2. Development of the tract will have impacts on water and 00 v sewer facilities, and the ability of streets Projected traffic volumes. These impacts as well as others were identified and discussed in a Planning Staff report presented on June 1, 1987. At its June 8, 1987 meeting, the Hillsborough Town Board considered the Wil -dwood rezoning request and recommended approval of an R -3 zoning classification with the understanding that a cluster development approach would be used to compensate for terrain problems; i.e., steep slopes. NCDOT traffic accident data indicates that 18 accidents occurred between January 1, 1984 and March 31, 1987 on N.C. Highway 86 between SR 1710 (Old N.C. 1Q) and a point one mile south of SR 1710. Two accidents occurred in the vicinity of Wildwood entrances. Accident #6 occurred In 1987 approximately 0.4 miles south of the John Breckenridge Drive /N.C. Highway 86 intersection. Accident #7 occurred in 1984 approximately 0.6 miles north of that intersection. Both accidents occurred in snowy /icy conditions. Discussions with the President of the Wildwood Homeowners Association have indicated two concerns: (1) lack of responsiveness by the developer to resident concerns; and (2) favoring transfer of the recreation area to a public agency for operation and maintenance. Drainage problems in Wildwood Subdivision are concentrated along sewer and drainage easements, and in low -lying areas. Given the extent of the problems, a more detailed evaluation is needed by a registered engineer._ An approved stormwater management plan is also needed, as well as construction of improvements required to correct existing and drainage problems. future RECOMMENDATION: The Planning Staff recommends rezoning of the propert from R -2 to R -3 for the following reasons: y 1. Projected pump units to be dev 29 The change from down" approach densities near removed. station capacities permit additional Sloped. R -2 to R -3 is consistent with a "step - to zoning in the area, with higher N.C. 86 and lower densities further 3. Streets within Wildwood Subdivision are capable of handling additional traffic. Upon conclusion of the public hearing, the request should be referred to the Planning Board for recommendation. preparation of its - Mayor Frank H. Sheffield, Jr. Commissioners Myron L. Martin Horace H. Johnson Allen A. Lloyd Remus J. Smith Rachel H. Stevens Down of hill' baro1i Town Clerk Agatha Johnson Supt. Water Works James Pendergraph Street Supt. L.D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief John Forrest HILLSBOROUGH, NORTH CAROLINA 27278 June 10, 1987 Marvin E. Collins Planning Department Hillsboorugh., N.C. 27278 Dear Marvin: On June 8, 1987, the Hillsborough Town Board considered the the rezoning request of James Rae Freeland for Wildwood Section 4, known as tax map 4.45..4 & 26. The Town Board recommended approval of the rezoning to R -3 with the understanding that a cluster development approach could be used to compensate for the terrain. If you have any questions, please contact me at 732 -2104. Sincerely yours, J net V. Rigsbee Plannind Director 005 T07509/TO7511 N. RUN DATE 06/05/87 DIV 07 COUNTY ORANGE C. DEPARTMENT" OF TRANSPORTATION - TRAFFIC ENGINEERING (TRAFFIC ACCIDENT SPOT /STRIP ANALYSIS) PAGE i CITY NEAR HILLSBOROUGH TIME 01/01/04 THRU 0313118.7 „,..L.00ATIi�iN, .. E NC 86 FR A P'iIINT i .OMI S SR 1710 (MPi 0.88) TO SR i 71 0 REQUESTED BY: MR. EDDIE KIRK, ORANGE CO PLANNING DEPT, HILLSBOROUGH, N.G. 27278 P'REP'ARED BY: S � DANIEL. "CC MILE STATE ACCIDENT ACC ACCIDENT NO- POST NUMBER DATE TIME TYPE 1 10.88 023726 2/23/84 0830.RAN OFF ROAD VEHI =PASS DVR- SOB =HNB SPEED =055 DIR =S 2 (MPI 1 ,88) 106 E MARGARET LANE, 06•-05 -87 PROP INJURIES *COND** FIX DAMAGE F A B C RD LGHT UBJ -- RIGHT- 61000 WET- DAY MANEUVER= SLOWING OR STOPPING I 0-98 1 54:.'73 12/04/84 0830. LEFT TURN -SAME ROAD $3150 VEHi =TK2A DVR- SOB =HNB SPEED =035 DIR =S MANEUVER= MAKING LEFT VEH2=PASS DVR SOTS =HNB SPEED =060 DIR =S MANEUVER=PASSING T'RE DRY DAY NON TURN 3 11.08 052355 4/25/85 1950 ANGLE VEH1 =PASS DVR-SQB =HNB SPEED ='055 DIR =S MANEUVER=GOINGOSTRAIGHT VEH2 =TK2A DVR SUB =HNB SPEED =045 DIR =N MANEUVER =GOING STRAIGHT 4 11-OS 135135 10/17/85 2330 RAN OFF ROAD - LEFT $1600 VEHI= =PASS DVR- SOB =HNB SPEED =055 DIR =S MANEUVER =GOING STRAIGHT 5 p DRY DARK NUN AHEAD 4HEAD DRY DARK THE AHEAD 11,13 041867 3/25/87 0745 REAR- -END SLOW OR STOP $1200 1 DRY VEHI =PASS DVR- SUES =HNB SPEED =003 DIR =N MANEUVER�=SLOWING, OR STOPPINGDAY NON VEH2 =SW DVR SOB =HNB SPEED =015 DIR =N MANEUVER=SL.OWING OR STOPPING 11.28 029033 2/27/87 0830 ANGLE VEHi =PASS DVR -- SOB =HNB SPEED =025 DIR =S VEH2 =TK3A DVR SOB =HNB SPEED =015 DIR =N 7 i1,38 021581 2/13/85 VEHI =PASS DVR- SOB =HNB MANEUVER= GOINGOSTRAIGHT AHEADAY NUN MANEUVER -GOING STRAIGHT AHEAD 1.240 RAN OFF ROAD - RIGHT $700 SPEED =050 DIR =N MANEUVER =GOING STRAIGHT 8 11,68 050413 7/01/84 1315 EAN OFF ROAD VEHi =PASS DVR -SOB =HNB SPEED =050 DIR =N 9 i1-6S 158600 11/14/86_i930 ANGLE VEHi =PASS DVR- SOTS =HNP SPEED =050 DIR=S VEH2 =PASS DVR SOTS =HNB SPEED =050 DIR =N 10 11.78 061678 5/14/85 0730 SIDESWIPE Tj�,VEHImTK= DVR- SOB =HNB SPEED =045 DIR =N VEH2 =SW DVR SOB =DAI SPEED =045 DIR =S ii ii,.85 010240 1/21/85 1130 RAN OFF ROAD VEHI =SW DVR- SUB =HNB SPEED =045 DIR =S 12 13 ICY DARK DTC AHEAD - LEFT $1400 1 DRY DAY DTC MANEUVER =GOING STRAIGHT AHEAD $2150 1 DRY DARK NON MANEUVER =SLOWING OR STOPPING MANEUVER =GOING STRAIGHT" AHEAD $800 DRY DAY NON MANEUVER =GOING STRAIGHT AHEAD MANEUVER=GOING STRAIGHT AHEAD -- RIGHT $1500 ICY DAY MANEUVER =GOING STRAIGHT AHEAD 11.08 1i7312 9/20/84 1345 LEFT TURN -CROSS TRAF $875 VEHI =PASS DVR -SOD=HNB SPEED =025 DIR-=W MANEUVER = MAKING VEH2=TK2A DVR SUB =HNB SPEED =010 DIR =S MANEUVER =MAKING NON DRY DAY NON LEFT TURN LEFT TURN 11.88 140620 11/07/84 1610 LEFT TURN -CROSS TRAP 1 DRY VEHI =PASS DVR- SOB =HNB SPEED =045 DIR =S MANEUVER= GUINGOSTRAIGHT AHEADAY rRE VEH2 =PASS DVR SOB =HNB SP'EED=005 DIR =W MANEUVER= MAKING LEFT TURN 006 T07509/1075i i N„ Tom. DEPARTMENT OF TRIOSrORTATION - TRAFFIC ENGINEERING RUN DATE 06/05/87 (TRAFFIC ACCIDENT SPOT /STRIP ANALYSIS) PAGE 2 DIV 07 COUNTY ORANGE CITY NEAR HILLSBOROUGH TIME 01/0 . 1 /84 T HRU 03/31/8-7 A .LOC'.AT ION,.. . ON NC 86 FR A. POINT i.OM:I S SR i710 (MPiO.88) TO SR 1710 (MPii.88) REQUESTED ICY: MR. E:DDIE KIRK, ORANGE CO PLANNING DEFT, 106 E MARGARET LANE, HILLSBOROUGH, N.C. 27278 PREPARED ELY: S DANIEL.. 06-05-87 ACC MILE STATE ACCIDENT ACC: ACCIDENT NO. POST NUMBER DATE TIME TYPE PROF' INJURIES * *COND ** FIX DAMAGE: F A B C RD LGHT OPJ 14 ii.88 077065 607/85 1700 REAR-END SLOW OR STOP $550 1 DRY DAY NON VEHI =PASS DVR• - •SOTS =HNB SPEED =111 DIR =W MANEUVER= ST'OPPF_D IN TRAVEL. LANE: VE.H2 =TTST DVR SOB =HNB SPEED =00 s DIR =W MANE UVER=GOING STRAIGHT AHEAD 15 11.88 125919 9/28/85 1850 LEFT TURN -SAME ROAD $500 DRY DAY NON VEHI =PASS DVR- SOB= HNBSPEED•=020 DIR=S MANEUVER =MAKING LEFT TURN VEH2 =PASS DVR SOB HNB SPEED =055 DIR =N MANEUVER -GOING STRAIGHT AHEAD 16 i i .88 06621l 5/23/86 000 ANGLE $1150 WET DAY NON VEHi =PASS DVR- SDP =HNB SPEED =055 DIR =N MANEUVER= =:GOING STRAIGHT AHEAD VEH2 =PASS DVR SOTS =HNB SPEED=010 DIR=W MANEUVER= •ST'AR'TING IN ROADWAY 17 ii.90 026123 2/29/84 1655 REAR —END SLOW OR STOP $550 DRY DAY NON VEHi =TK2A DVR— SOB =HNB SPEED =035 DIR =S MANEUVER =SL.OWING OR STOPPING VEH2 =PASS DVR SOB =HNP SPEED =050 DIR =S MANEUVER= GOING STRAIGHT AHEAD 18 ii-90 034490 3/09/87 1230 ANGLE $1750 DRY DAY NON VEHi =TK2A DVR — SOIL =HNB SPEED=045 DIR=N MANE:UVE:R =GOING STRAIGHT AHEAD VEH2 =PASS. DVR SOB =HNB SPEED =055 DIR =S MANEUVER =GOING STRAIGHT AHEAD REPORT INCLUDES ACCIDENTS THAT OCCURRED WITHIN 100FT OF RTE: ON INTERSECTING RTE ua� • ` r CJ = a WILDWOOD - . - � " � �•� � - SeCTf ON Z •� APPLICANT: WILDWOOD CORPORATION - LUP: Ten Year Transition Current Zoning: Residential -t — f Propased Zoning: Residential -4 Scale: 1" _ '400' I:Ai 37.i7 AC BS slog f _ 9 1 : r 1y ?JIGO —+ $S„� r • . � ..C' by 7'JO!_ 4"-74'L Sys /3-3p \ \'� -- `. 13 92 Ac 0 09 z-^ 92 a ' • \ 5 'r ewr • 1.17AG� -• -loop= - '�, i 909t::�� 1 C,w 19A� ~$14 al�rlft.97�(. ��eweea r: 4%+C AD /v4_ ewe - 3�py Ztr '� _ _� t 1981 � � ..3o r. •,` M1`A . v1 .. .r..... -, .. SFS vAPwgb - XE; IMAP45A IAC �` ' j ,tea I /- SfC /,1 _ ! /.ritcur�i; •rC/a+ya :Aer3. $_'"_`3. r4 • % . 4_ r�.y.• 5c 5?A— _ 30 I I ,�� 117' '� 1 .. / •'t� mow••- { t' Igi 73C, Z. rAr( 116 •1951 2 4 BEE t� 5bI +O1 1C } "•a�.r5. aE 186 __2 Ay - „� � - ! ,MAO v5 � 9 � 19B' I 1.94 1991- AC AC AC -76e ,� 1)40WAwr ;,tat 27 I � 7' ` t __ *** SFRIP DIAGRAM 30000086 - ORANGE - NEAR HILLSBOROUGH 006 INTERSECTING ROADS & FEATURES MILE ACCIDENIS OCCURRING AT MILEPOST POST (NO. REFER TO ACCIDENT-NO IN LISTING) 10.8s 10.90 io.91 10.92 10.93 10.94 10.95 10.96 10,97 10.98 * 2 10.99 * 11.01 11.02 11.03 11.04 11.05 Fletcher Road 11 .06 �i4.07 44.08 3 4 11.09 I 41 12 44.13 il .14 i4.15 11.16 41 .17 41 I I 19 41.20 11.21 11 .22 11.23 11.24 * 11.25 * 11.26 * 41.27 * 14.28 11.29 11.30 i 1 .31 John Breckenridge Drive I 1 .32 11.33 41.34 11,35 11.36 11.37 11.313 11.39 11.40 11 .41 11.42 i 1 43 UUS Walter Clarke Drive Workman Road BRTDGE (Over Railroad) 40001710(01d N.C. 10) *** END OF TO-7511M REPORT * ** A-,f- �c ii.45 * ii A6 11 .47 �c 11 .48 � 1 1 171 .49 E> 11 11.72 fi.50 11.73 f1.5i ac 11 .52 �c 11.53 11.76 f1.54 11.77 11.55 fi.5b 1 1 .57 11.58 11.59 11.60 11.61 � 1 1 .62 � 11 .63 � 11.64 11.65 ii .6b �c 11.b7 * 11.68 11.69 ii .70 1 1 171 11.72 11.73 * 11.74 11,75 a� 11.76 11.77 11.78 �c 11.79 0 0 � ii .so 11.81 11.82 11.83 11.84 11.85 11.86 11.87 11.88 .89 � 11.90 8 10 ii 12 13 17 i8 0 14 15 16 K��� ��� � 38000086 - ORANGE - NEAR HILLSBOROUGH NUMBER PER-TOT OF ACC ACCS TOTAL ACCIDENTS i8 100.0 FATAL ACCIDENTS ~ 8 00 NON-FATAL INJURY ACCIDENTS 5 27^7 TOTAL INJURY ACCIDENTS 5 27^7 '72.2 PROPERTY DAMAGE ONLY ACC. 13 �~2 NIGHT ACCIDENTS 4 22^^2 WET ACCIDENTS 2 1i1 ALCOHOL INVOLVED ACCIDENTS 1 5^5 DIRECTION OF 7RAVEL SUMMARY PERCENT OF VEHICLES ON ROAD-ON NORM SOUTH EAST WEST 3515 48.4 0.0 16.1 O.0 0.0 0.8 0^8 44.4 22.2 0.0 33.3 44.4 22.2 0.0 33.3 31.8 59.1 0.0 9.1 50.0 50.0 0^0 0.0 ' 33.3 33.3 0^0 33.3 58^0- 5o^o 010 0.8 mANNUAL ADT= 4,508 LENGTH= 1.03MILES TOTAL-VEH-EXPOSURE= 5.50MILLION-VEH-MILES TOTAL ACCIDENT RATE FATAL ACCIDENT RATE NUN-FATAL INJURY ACCIDENT RATE NIGHT ACCIDENT RATE WET ACCIDENT RATE EQUIVALENT PROPERTY DAMAGE RATE 327^27 ACC/108M.M 0.80 ACC/iooMVM 90.91 ACC/100MVM 72.73 ACCy18oMVM 36.36 ACC/iWWMVM 2'789.09 ACC/100MVM SEVERITY-INDEX= 8^52 EPDO-ACC-INDEX= 153^40 EST-PROP-DAM= $0625^0 ACCIDENT TYPE SUMMARY NO PERCENT ` ACC ACC NO PERCENT %NJ %NJ RAN OFF ROAD - RIGHT RAN OFF ROAD - LEFT 3 16.7 FATAL INJURIES 0 0^8 REAR-END,SLOW OR STOP 2 3 11.1 16^7 CLASS A INJURIES 1 28~0 LEFT TURN-SAME ROA� 2 i1^i CLASS B INJURIES � �0~O LEFT TURN-CROSS TRAF � �f^� CLASS TOTAL C INJURIES NON-FATAL � 48 0 SIDESWIPE 1 INJURIES � �0�^� ~ ANGLE 5.6 TOTAL INJURIES � 100^8 5 27,8 M 1) NTH L Y NUMBER 0 1 11UMMARY OF' 1) 1` C 11) ENTS ,JANUARY i FEBRUARY 4 MARCH 2 APRIL. i MAY 2 ,JUNE JULY AUGUST SEPTEMBER 2 OCTOBER I NOVEMBER 2 DECI--.Ml-;ER DAY NUMBER OF ACCIDENTS MONDAY 3 TUESDAY 2 WEDNESDAY 4 THURSDAY 4 FRIDAY 3 SATURDAY I SUNDAY I 1: k C E N T OF TOTAL 5.6 22,2 5.6 11 .1 .5.6 5.6 .1111 5.6 i . 1 5.6 PERCENT OF' TOTAL 22.2 16.7 5.6 5.6 NUMBER OF ACCIDENTS LIGHT ... ROAD CONDITION... COND. DRY WET OTHER TOTAL DAY 10 2 2 14 DARK 3 0 1 4 OTHER 0 0 0 TOTAL 13 2 3 HOURLY SUMMARY 0000-0059 01 00• -.O 159 0200-0259 0300--0359 0400-0459 0500--0559 0600-0659 .0700-0759 0800-0859 0900--0959 1000 -1059 1100-11.59 1200-1259 1.300--1359 1400-1459 1500-1559 1600-1659 1700--1759 1800 -1859 1900-1959 2000'• -2059 2100-2159 2200-2259 2300--2359 NUMBER OF ACCIDENTS 3 3 1 2 2 2 2 i PERCENT OF TOO AL. 16.7 16.7 5.6 11 .1 I i 5.6 5.6 11.1 5.6 1 �� � �� ux��� FIXED OBJECTS NO OF PERCENT VEHICLE TYPE NO VEH U S/n �u OBJECTS OBJECTS PERCENT INVOLVED TOTAL VEH PARKED VEHICLE NOT STATED BICYCLE, MOPED PASSENGER VEH 20 PEDESTRIAN 64.5 �NIMAL STATION WAGON 3 9 ' 7 TREE 3 STATION WAGON TRUCK _ 60.0 COMMERCIAL BUS UTILITY POLE SCHOOL BUS NON--BREAK LUM POLE ACTIVITY BUS 8REAKAWAY LUM POLE TRUCK 2 AXLES 6 NON-BREAK SIGN TRUCK 3 AXLES 1 BREAKAWAY SIGN TRUCK TRACTOR SEMI 1 - � 2 COMMERCIAL SIGN TRUCK TRACTOR ONLY END SHOULD GUARDRAIL TAXICAB FAC SHOULD GUARDRAIL � FARM EQUIPMENT END MEDIAN GUARDRAIL FARM TRACTOR FAC MEDIAN GURADRA%L MOTORCYCLE END SHOULDER BARRIER MOPED FAC SHOULDER BARRIER MOTOR SCOOTER END MEDIAN BARRIER AMBULANCE FAC MEDIAN BARRIER BICYCLE END BRIDGE RAIL RECREATIONAL VEH FACE BRIDGE RAIL TRUCK CAMPER OV-HEAD OF UNDERPASS PEDESTRIAN PIER ON 9HOULDER OTHER MOTOR VEH PIER IN MEDIAN ABUTMENT � TOTAL VEHICLES 31 TRAFFIC ISLAND SHLD BASIN-CULVERT MEDIAN BASIN-CULVERT DITCH BANK ' 2 40.0 MAILBOX FENCE OR FENCE POST CONSTRUCTION BARRIER CRASH CUSHION OTHER OBJECT TOTAL FIXED OBJECTS 00.0 **ACCIDENT TOTALS*** INJURY F INJ PDO F ABC PROPERTY ACCIDENT EPDO LEFT RT TYPES YEA R 4 � A 19�4 ��� CC ACC ACC u INJ INJ DAMAGE REAR INDEX TURN TRN END RUN SI �= OFF A#� 8 wr OTH � � 4 1985 7 1 8 2 $7,525 87 io � � 2 1988 2 1 Y j $7'^250 25~10 � � � 1 1 1987 3 i 2 1 $3'300 20~10 2 IS 1 � Y� 1 5 $3550 2i^10 � 2 $�1^62� ' ^ 1�3^4� 4 � � 5 1 ' ��� O i 4 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 11k, 6 O R A N G E C 0 U N T Y MEMORANDUM TO: Orange County Board of Commissioners FROM: Greg Szymik, Planner III (Current Planning) SUBJECT: Wildwood Subdivision - Homeowners Association Comments .DATE: June 10, 1987 I contacted Steven Mortkowitz, the President of Wildwood Homeowners Association, to discuss residents opinions about the subdivision. Specific questions were: Are there any problems in Wildwood that the Homeowners Association was concerned about; and has the Homeowners Association taken a position on whether it would consider transferring ownership of the Wildwood recreation area to a public agency. In response to the first question, Mr. Mortkowitz said that the only specific concern that the Homeowners Associa- tion had about Wildwood subdivision was the failure of the developer to deliver on promised improvements. As an example, street, lights promised to residents have not been installed. Thus, cooperation from the developer was the Homeowner Association's primary concern. In response to the question about the recreation area, Mr. Mortkowitz said that he personally favored transferring the recreation area to a public agency and would support such a proposal to the Homeowners Association. The recreation area is presently equipped for passive recreation use: picnic tables, access trails. The Homeowners Association found that while it could afford to install active recreation equipment such as playground equipment, it could not afford and, in fact, may not be able to obtain liability insurance. Unless that situation changes, it is unlikely that the Homeowners Association will be able to make much use of the recreation area• transferring it to public ownership seems an attractive alternative. O R A N G E C 0 U N T Y INTEROFFICE MEMORANDUM 014 8706-1804 TO: Orange County Board of Commissioners FROM: Marvin E. Collins, Planning Director SUBJECT: Drainage Problems - Wildwood Subdivision DATE: June 12, 1987 COPIES: Ken Thompson, County Manager The Erosion Control Staff has conducted an investigation of drain-age problems in WIldwood, including contacts with individual property owners. The Problem areas are concentrated in specific areas and are Identified below. A. sketch map is provided to show the general location of problem areas, Lots .131-140 - George Anderson Drive Problems identified Include: as Area Is generally poorly drained. bt Stagnant water is standing in ditches. co Water Is present under some houses, do Lot 133 Is especially wet. el Springs are present on lots 133 and,137. f! Odor problems associated with sewer line . s. 99 on Runoff from some lots - the west side of Judah Benjamin Court Is accumulating at the rear of lots 132 and 133. h.. some lots were filled, and the creek along the drainage easement floods the rear of these lots. The Erosion Control Staff questions whether the culvert (18") at the Intersection of Oakdale Drive Extension and George Anderson Drive is large enough. Furthermore, the Staff has concerns about there being adequate fail in ditches and drainage easements.- 2. Lots 67-70 - Wade Hampton Drive A major problem Identified is insufficient fall In the ditch along Wade Hampton Drive, A driveway culvert Is too high* and stormwater Is ba6king up and flowing down in front of several homes. 3. Lots 15-17 - Wade Hampton Drive/John Breckenridge Drive Problems identified Include: 011 NTEROFFICE MEMORANDUM: 8706_ -1804 Drainage Problems - Wildwood Subdivision June 12, 1987 Page 2 a. The area is poorly drained. b. The drainage easement on lots 15 and 16 has been filled in, and houses constructed._ An attempt is being made to carry runoff around the perimeter of lot 16. C, Springs are present on lot 17. d, Stagnant water is standing in'ditches. e. Odors problems associated with sewer lines._ f. Associated pests such as mosquitos. The - Erosion Control Staff is also concerned about the culvert (3611) under John Breckenridge Drive being too high to provide adequate fall. 4. Lots 31, 32 and 47 - Joseph Johnson Court /George Anderson Drive Problems identified include the following: a. Poorly drained drainage easement, Including stagnant water. b. Existence of weeds and pests. C, Odors associated with sewer lines. d. Lot 32 has not been built on and needs to be cleaned up. 5. Lots 48 -49 - George Anderson Drive Problems identified include stagnant water in adjacent drainage ditch and the existence of a spring on lot 48. In addition to the above,_ potential problems have been identified as follows: 1.- The drainage easements on lots 32 -36 (Joseph Johnson Court) should be monitored since the lots were partially filled. Some property owners have taken steps to deal with problem areas. 2. When and if lots 115 -117 are developed, they will require some fill. There are potential drainage problems associated with such filling. The Erosion Control Staff has noted that soils within Wildwood Subdivision are predominantly Georgeville and such drainage problems as are being experienced would not have been anticipated with that soil type. RECOMMENDATIONS The information provided above verifies the existence of drainage problems in Wildwood Subdivision. Specific solutions INTEROFFICE MEMORANDUM: 8706-1804 O-Lb Drainage Problems --Wildwood Subdivision June 129 1987 Page 3 can only be provided through a more in-depth evaluation of the total drainage pattern within the subdivision. I recommend that further plat approvals for existing phases and /or sections of Wildwood Subdivision be withheld until the the following are completed:- 1. The developer reimburses the County for the cost of employing the services of a registered engineer to conduct a detailed evaluation of the drainage problems in Wildwood Subdivision and prepare a stormwater managiment plin to resolve identified problems, including problems associated with the existence of underground springs both in existing portions of the subdivision and proposed additions thereto; 2. Submission to and approval by both Orange County and the N.C. Department of Transportation of the stormwater minagemient plan as described In 01 above; and 3. Installation, by the developer, of all required improvements as shown on the - approved stormwater management plan._ If legally possible, I would further recommend that no additional building -permits be issued for dwellings In Wildwood Subdivision until the above plans have been prepared and approved# and improvements Installed.- Qi! W h Q a Subject: ORANGE COLUM BOARD OF COmeSSIONBRs ACTION i 51i1M 'Y a ABSTRACT June 16,1287 0116 Action Agenda. Item No. T17L , RESOLUTION AND FORMATION OF AN ORANGE COUNTY HUMAN RELATIONS COMMISSION Department: BOARD OF CO1rbMW10NERs Public Hearing: Yes. X no Attachments: Information Contact: Commissioner Moses Carey, Jr. Yes - Resolution and Guidelines phone Numbers: 732 -$1$1, 96845Q1, 22T-0231 PURPOSE: RerVaDnimn. Formation of an Orange County Human Relations Commission. As stated in the Resolution. RECOI! NDATIOH: Approve the resolution and the formation Wan Orange County Human Relations Commission as outlined and presented. 01S RESOLUTION IN SUPPORT OF THE FORMATION OF AN ORANGE COUNTY HUMAN RELATIONS COMMISSION WHEREAS, recent events in orange County have created the risk of increased racial and ethnic tension, and WHEREAS, focus from within and outside Orange County has attempted to polarize groups of Orange County citizens, and WHEREAS, the citizens of Orange County consider these attempts at polarization to be deplorable, and WHEREAS, the image presented by this limited group does not adequately represent the views of the citizens of Orange County, and WHEREAS, the Orange County Board of County Commissioners which represents the citizens of Orange County desires to encourage mutual understanding and fair treatment of all citizens, and WHEREAS, the Orange County Board of County Commissioners desires to encourage actions which reduces tensions among groups of citizens in orange County, THEREFORE, BE IT RESOLVED that the Orange County Board Of Commissioners hereby adopts a plan to form an Orange County Human Relations Commission to seek these objectives and encourages the cooperation of all County residents, and BE IT ALSO RESOLVED that the charge, composition and duties of the Commission shall be consistent with that attached to this resolution. IN WITNESS THEREOF, as Chair of the Orange County Board Of Commissioners, I have hereunto set my hand and affixed the Seal of the County of Orange this sixteenth day of June in the year of our Lord nineteen hundred and eighty- seven. Shirley E. Marshall, Chair Board of Commissioners Attest: 4 .1 BURPOSE ORANGE COUNTY HUMAN RELATIONS COMMISSION 1. To study problems o f fair treatment throug h 2. To isolate practices create tension among other groups and seek 3. To serve as advisory Commissioners in seeki for community improv relations. u2c► discrimination and encourage mutual understanding. which are most likely to racial, ethnic, religious and solutions to such tensions. to the Orange'County Board of ng and implementing programs ement in the area of human DUTIES The duties of the Orange County Human Relations Commi shall be as follows: ssion 1. To study and make recommendations concerning problems in any or all fields of human relationship .and encourage fair treatment and mutual understand- ing among all racial, ethnic, religious and other groups in Orange County. 2. To anticipate and discover those practices and customs most likely to create animosity and unrest among citizen groups of Orange County and seek solutions as these problems arise. 3. To make recommendations to the Board of County Commissioners as appropriate designed to promote good will and harmony among racial, ethnic, religious and other groups in the County. 4. To seek and enlist the support and cooperation of various groups in Orange County in order to achieve the goals of the Commission. 5. To monitor complaints involving discrimination based on race, religion, color, national origin or sex through a process approved by the Board of County Commissioners. 6. to enlist the cooperation of various racial, religious, ethnic groups; community organizations and other groups in Orange County in programs and campaigns devoted to eliminating group prejudice and discrimination. 7. To hold such. meetings as the Commission deems necessary in carrying out its functions. 8. To organize itself properly so as to facilitate its role and responsibility. 9• To perform such other duties as may be assigned it from time to time by the Board of County commis- sioners. COMPOSITION The Commission shall have 17 members who shall be appointed by the Board of County Commissioners for three year terms- Any citizen of Orange County is eligible for appointment. The Board of County Commissioners may a enrepre- sentative from each high school in orange County. student repre -• TERMS Members may serve a maximum year terms. of two consecutive three ORANGE COUNTY BOARD OF commissiox Ens ACTION AGENDA ITEM ABSTRACT MEETING DATE June 16,1•87 Subject: Telephone Report 021 Action Agenda Item No._ Department: BOARD OF COMMISSIONERS Public Hearing: Yes X n i F � o Attachments: Information Contact: Dick Helwig or Ms. Daryl Dunlap Under separate cover to be delivered Phone Numbers: 732-8181, 968-4501, on Monday, June 15 22T-0231 PURPOSE: With reference to the three hour Friday night failure April 3. BACKGROUND: Centel's filing with the North Carolina Utilities Commission says in effect that their plan for Orange County is to call Bobby Baker, the Emergency Medical Services Director when the system does not work. The Telephone Task Force would like to file a counter proposal which will say in effect that we want to be able to call them. We are asking them to consider adding a beeper system for their on-call employees and we will ask for an on-call duty roster from them so we will know who is on call which nights, names, addresses and telephone numbers. RECOMMENDATION: The Telephone Technical Task Force requests" that the Board ask that this recommendation be forwarded to Centel and that the docket be closed. ORANGE COUNTY r �. BOARD OF COMMISSIONERS ACTION U� ND ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 16, 1987 SUBJECT: Renewal of Leases expiring in June, 1987 DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES Renewals EXT 497 ( UNDER SEPARATE C ovER ) PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688-7331 PURPOSE: To consider renewing leases from July 1, 1987 through June 30, 1988 for the following agencies; l.) Wake Opportunities (Head Start) - Cedar Grove 2.) JOCCA - Cedar Grove Day Care 3.) Community School for Children Under Six - Chapel Hill BACKGROUND: These agencies operate day care services at Cedar Grove and at the Southern Human Services Building in Chapel Hill. They are on -going programs with leases orginating in 1983. Terms and condition of each lease remain the same. RECOMMENDATION: To approve lease renewals for Wake O pp JOCCA, and Community School for People Under Six uthrough June 30, 1988; and authorize the Chair to sign on behalf of the Board. ORANGE COUNTY U 2 � BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. Fa MEETING DATE June 16, 1987 SUBJECT: LEASE RENEWAL: EFLAND RESCUE UNIT BUILDING DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES LEASE RENEWAL EXT 497 (UNDER SEPARATE COVER) PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider renewing a lease between the Efland Rescue Unit, Efland Volunteer Fire Company and Orange County for the Efland Rescue Unit Building. BACKGROUND: The County entered into a lease for the Efland Rescue Building in 1985. This building serves as an EMS satellite station which provides better response time for the Efland area. Both parties are desirous that this lease be renewed for a period of one year beginning July 1, 1987 and terminating June 30, 1988. All terms and conditions remain the same. RECOMMENDATION: To approve lease renewal for the Efland Rescue Unit Building through June 30, 1988; and authorize the Chair to sign on behalf of the Board. y .F ORANGE COUNTY • • Ci�l 11 • J yes �4 MEETING DATE JUNE 16, 1987 0.9-4 4 ACTION AGENDA ITEM NO --F& SUBJECT: Amendment to Flight Paramedic Agreement AR 9T; Emergency Services PUBLIC HEARING: YMS X NO A7TArH r(S) Yes AGREEMENT INFORMATION " Bobby Baker PHONE NUMBERS: HILLSBOROUGH 732 -5161 CHAPEL HILL 929 -8109 PURPOSE: For the Board to consider an amendment to the Agreement between The North Carolina Memorial Hospital and Orange County concerning on- flight emergency medical coverage. NEED: To Provide one additional full -time flight paramedic and to adjust the monthly rate of reimbursement to the County. IMPACT: No County budget impact would be expected. All cost to Orange County would be reimbursed by North Carolina Memorial Hospital as stated in paragraph eight (8) of the Agreement. c I Im • Approval of r by the Board. STATE OF NORTH CAROLINA COUNTY OF ORANGE ;1:4NIO /W%,#VQt iF'{'f+ THIS is to amend the Agreement between The North Carolina Memorial Hospital and Orange County, North Carolina, for its Office of Emergency Medical Services, dated April 1, 1986, concerning reimbursement for paramedic services with The Hospital's air ambulance program. This Amendment is in accordance with the Agreement provision authorizing amendment in writing executed by the duly authorized officials of both parties. This Amendment shall be effective June 1, 1987. I. Paragraph 1 of the April 1, 1986 Agreement is amended to read as follows: Orange County agrees to make available to The Hospital the services of six full-time paramedics and the availability of two alternates to assist The Hospital in implementing its air ambulance program. 2. Paragraph 6 of said pre - existing Agreement is amended to read as follows: The Hospital agrees to provide a-training experience for the paramedics and alternates. Such training shall be in conjunction with the training of The Hospital'.s flight nurses to the extent feasible. The Hospital further agrees that, to the extent feasible, flight teams shall consist of both a nurse and a paramedic. Paragraph 8 of said pre - existing Agreement is amended to read as follows: In return for the services of paramedics, as identified herein, The Hospital agrees to reimburse Orange County for the cost of salaries and fringe benefits of six full -time paramedics. The Hospital further agrees to reimburse Orange County for the cost of salaries and fringe benefits of six paramedics and two alternates during the training period referenced in paragraph 6 above. "Fringe benefits," as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance /accidental death and dismemberment and workers' compensation for the paramedics covered by this Agreement. At its option, The Hospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the paramedics whose services are provided pursuant to this Agreement. Pursuant to these agreements, The Hospital shall reimburse Orange County at the rate of $14,000 per month, subject to such modification of this monthly amount as is necessary following specific agreement between the parties of the actual cost of salaries and fringe benefits. 4. All terms of the April 1, 1986 Agreement not altered by this Amendment shall remain in full force and effect throughout the term of said Agreement. IN WITNESS WHEREOF,, the parties have hereunto signed this Agreement in their official capacities on the day and year listed below. FOR AND ON BEHALF OF THE NORTH CAROLINA Eric B. Munson Executive Director Date: -/7- 715 FOR AND ON BEHALF OF ORANGE COUNTY, NORTH CAROLINA Shirley Marshall Chairman, Orange County Board Of Commissioners Date: J I . STATE OF'NORTH CAROLINA COUNTY OF ORANGE N AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTYr NORTH CAROLINA THIS AGREEMENT; made effective the 1st day of April, 19$5 by and between The North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County,, North Carolina, hereinafter referred to as "Orange County," for its Office of Emergency Medical Services. WHEREAS, The Hospital desires to implement a hospital -based air ambulance program; zjnd WHEREAS, The Hospital desires the services of Emergency Medical Technician - Paramedics ( "Paramedics ") for on- flight coverage; and . WHEREAS, Orange County desires to assist The Hospital in implementing its air ambulance program by supplying the services of paramedics; and WHEREAS, The hospital desires to reimburse Orange County for such paramedic services; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants 4nd conditions, The Hospital and Orange County agree as follows: 1. Orange County agrees to make available to The Hospital the services of five full --time paramedics and the availability of two alternates to assist The Hospital in implementing its air ambulance program. 2. Both Orange County and The Hospital agree that for all purposes such paramedics shall be considered employees of Orange County. Orange County agrees to consult with The Hospital prior to assigning such paramedics to The Hospital, air ambulance program. 3. Orange County agrees that the paramedics whose services are provided pursuant to this A r_eeii,tent shall maintain North Carolina certifications as Emergency Medical Technicians, - Paramedics and shall have at.least two years of Advanced Life Support experience. 4. Both Orange County and The Hospital understand and agree that The hospital will have administrative and professional supervision of such paramedics while thay are rendering services to The Hospital under this Agreement. Professional activities and services rendered pursuant to this Agreement shall be in compliance with policies and protocols developed and agreed upon by designated representatives of The Hospital and Orange County. - 5. Both Orange County and The Hospital agree and understand that if at any time The Hospital determines that •a paramedic's performance or professional, interactions are inadequate or inappropriate for. flight duty, The Hospital may request replacement of the paramedic with one of the designated. alternates. Such replacement shall be effected within 30 days of notification by The Hospital. The Hospital shall'-provide sufficient documentation to Orange County detailing the reasons for the Hospital's request for replacement. Such documentation shall.be in a form that is in compliance with the Orange County Personnel Ordinance regarding disciplinary action. 6. The Hospital agrees to provide a training experience for the five. full -time paramedics and two alternates, in conjunction with the training of The Hospital's flight nurses. The Hospital further agrees that, to the extent feasible, flight teams shall consist of both .a nurse and a paramedic. 7. Both Orange County and The Hospital understand and agree that Orange County may designate an in- Hospital liason accountable to Orange County Office of Emergency Medical Services for paramedic personnel functions such as discipline, scheduling, holidays, sick leave. 8. In return for the services of paramedics, as identified herein,. The Hospital agrees to reimburse Orange County for the cost of salaries and fringe benefits of .five full -time paramedics. The Hospital further agrees to reimburse Orange County for the cost ,of salaries and fringe benefits of five paramedics and two alternates during the training period referenced in paragraph 6 above. "Fringe benefits," as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance /accidental death and dismemberment and workers' compensation for the paramedics covered by this Agreement. At its option, The Wospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the paramedics whose services are provided pursuant to this Agreement. Pursuant to these agreements, The Hospital shall reimburse Orange County at the .rate of $10,000 per month, subject to such modification of this monthly amount as is necessary following specific agreement bettieen the parties o} the actual cost of salaries and fringe benefits. 9. -Both Orange County and The Hospital understand and agree that nothing in this Agreement shall be construed to create an exclusive arrangement between the parties. Orange County is free to provide services of any kind or nature to any other air and land ambulance service or program. 10. The Hospital agrees to notify Orange County when The Hospital's air ambulance is responding.within the geographic area covered by Orange County Office of Emergency Medical Services. 11. This Agreement shall run for a period of 3 years, from the 1st day of April, .1986 to the 31st day of March, 1989 and shall be renewable. thereafter upon written notice executed by both parties. 12. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written-notice of such termination is furnished to the other party at least 180 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 13. in compliance with 42 U.S.C. 1395x(V) (1) (1) and implementing regulations, Orange County agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of Orange County necessary to verify the nature and extent of the costs of this contract, subject to and consistent with the policies and procedures contained in OMB Circular A -102, Attachment P. Orange County further agrees that if any of the duties of this contract are carried out by a subcontractor of Orange County such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract, subject to and consistent with the policies and procedures contained in OMB Circular A -102, Attachment P. 14. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement-in writing executed by the duly authorized officials of both parties. 15. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS .WHEREOF, the parties have hereunto' signed this Agreement in their official capacities of the day and year listed below. ' k ,FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: TZNORTR CAR OLIN MEMORIAL'HOSPITAL ORANGE COUNTY, NORTH CAROLINA Eric B. Munson Chairman., Executive Director Orange County Board of Commissioners DATE: � .....,- .. % E � � f r �. ...._ . 031 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: June 15, 1987 SUBJECT: Resolution Authorizing Executing of the Section 8 Annual Contributions Contract DEPARTMENT: Housing /Community Development PUBLIC HEARING: Yes x No ATTACHMENT(S): INFORMATION CONTACT: HUD Resolution TELEPHONE NUMBER: Master Section 8 Annual Contributions Hillsborough - 732 -8181 Contract Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To adopt a resolution authorizing execution of the Section 8 Moderate Rehabilitation Housing Assistance Program. BACKGROUND: The County currently receives funds from the U.S. Department of Housing and Urban Development to provide rental assistance to 97 units rehabilitated under the Moderate Rehabilitation Program. The Annual Contributions Contract (ACC) an agreement between the County and HUD provides funds to meet all costs of operation for the Moderate Rehabilitation program. In'order to continue operations through the term of the ACC (until 1992), HUD is provid- ing Orange County with amendment funds of $148,500. Therefore, it is necessary to execute a Annual Contributions Contract which will reflect these additional funds. This will allow the County to continue to provide housing assistance payments to families participating in the program. RECOMMENDATION(S): 1) Adopt resolution 2) Authorize Chair to sign the Master Section 8 Annual Contributions Contract on behalf of the board. U3 D. S. MPARIMEM Of SODSDtG AND U"A1; DERLOPM ZM SUCTION 8 DOUSING ASSISTANCE PAims noGa . Moderate Eebabilitation PART I OT = ANNUAL COVrR13 TIOMS CONTRACT Master Section 8 ACC Number A -2903 ACC Part I lumber A-=R 1.1 The P roltras (a) Projects within Program. The Moderate Sehabiiltatton Program mder this ACC Part I includes all Projects listed in Exhibit 1. The PEA. to the maximum extent feasible, shall enter into Agreements and Contracts in accordance with the numbers and sizes of units in each project specified It Exhibit I, to substantial deviation as defined by /UD from the bedroae distribution or number of twits in each project is allowed without prior 1iUD approval. The PRA shall sot enter into any Agreements or Contracts or take any other action which will result in a claim for an Annual Contribution in respect to any Project in excess of the maximum amount authorised for that Project. (b) Meanie of Tro ect' as Used in Master ACC and Part II. For purposes of this Part I the term - Project' wherever used in the Master Section 8 ACC and in Part II shall ■ear► each Project in the Moderate Rehabilitation Prograz. 1.2 Authorisation of Actions by rdA. In order to carry out the Project, the PRA is authorised to (a) actor into Agreements, (b) enter into Contracts, (c) sake dousing assistance payments on behalf of Families and (d) take all other necessary actions, all in accordance with the application, forms, conditions and requirements prescribed or approved by IM. lowever, seitber the PBA nor BUD oball assume any obligations beyond those provided in the prescribed force of Agreement and Contract. 1.3 Term of Contract and ACC (a) Term of Contract. The total Contract term for nay unit, including now Contracts for replacement units in accordance with Section 1.9, is 15 years or the retaining term of the ACC, whichever is less. If the rehabilitation being done under any Contract is to be completed in stages, the total Contract term for all the stages, beginning with the effective date of the Contract with respect to the first stage, shall mot exceed 17 years from the effective date of the ACC for the applicable Project. (b) Term of ACC. The ACC shall resuain in effect for 17 years from the effective date of the most recent project listed In lzblbit I. Annual Contributions may be made for emb project for a ma :imum of 17 years froe that project's effective datee, but sot more tbsn 33 pears for arty unit. Accordiagly, the Cbstract(s) for ail volts in soy project, other than replacement wits, sust be esecated wltlils two pears of the effective date of that Project under the ACC to qualify for the 35 year term. Page 1 of 5 0 3i .1.6 Actual Contributions (a) Uotwithstooding any other provisions of this ACC (other than paragraph (c) of this Section) or any provisions of any other contract between ® and the PBA, ND shall not be obligated to make any Annual Contributions or MY Other parent With respect to any fiscal Tear in excess of the Suisun Annual Contribution Contract Coamitment for each project specified in lzhibit 1. ■owever, this amount shall be reduced comaensurately with any reduction is the number of Contract Units or changes to omit sizes or pursuant to any other provielon of this ACC or the Contracts. (b) Subject to the maximum dollar limitation in paragraph (a) of this Section, 1XLTD shall psy for each fiscal Year an Actual Contribution to the ftA in respect to each Project it an amount egwl to the sues of the following (subject to reduction by the amount of any Project lacelpts other than. Annual Contributions (such as interest incare) which Saceipts shall be available for Project Expenditures): (1) The amount of housing assistance payments payable during each Final Tear (see Section 1.5) by the NA pursuant to the Contracts, as authorized is Section 1.2. (2) The allowance, in the amount approved by EM, for preliminary costs of administration. (3) The allowance, in the amount approved by MM, for the regular costs of edsinistration including costs of IUD required audits of Owners and the FHA. (c) To assure that housing assistance parents will be increased on a tisely basis to cover increases in Contract Bents or decreases In Gross FaaLly Contributions: (1) A Project Account shall be established and maintained for each Project under this ACC, in sm Mount as determined by ■M consistent with its responsibilities ruder Section 6(c)(6) of the Act, out of amounts by which the Maximum ACC Commitamt per year exceeds amounts paid under the ACC for asch Project for any year. This account shall be established and maintained by MAD as a specifically identified and segregated account. To the extent funds are available in this account, the maximum Amuual Contribution otherwise payable for any Fiscal Tear may be increased by an smountr if any, as may be required for increases reflected Et-the estimate of required Annual Contribution applicable to the fiscal Tear as approved by KT in accordance with Section l.11. Any amount remaining in the account after payment of the last Annml Contribution With respect to the Project shall be applied by W to aecorimce witb law. (1) Whenever the UM approved estimate of the required Annual Contribution for any Project exceeds the Naximuu ACC Coaitment then in effect, causing the Mount in the Project Account to be less thar an mount equal to Lp percent of the Sulmuti ACC Commitment for the PA MP 7 of 9 034 1.5 (d) Project, ■UU shall. within a reasonable period of tire, take the additional steps autborised by Section d(e)(6) of the Act as may be necessary to carry out this assurance, including (as provided in that section of the Art) `the reservation of annual contributions authority for the purpose of ascending housing assistance contracts or the allocation of a portion of mew autborizatious for the Purpose of amending housing assistance contracts.0 EM will make periodic Payments on account of each Project apoc requisition by the !RA to the form prescribed by HUD. tech requisitioc shall include certifications by the PHA that housing assistance payments have been or will be made only: (1) In accordance with the provisions of the Contract as the provisionF apply to (1) units under lease by Families and (ii) waits not made- least by families, and (2 ) With respect to units which the PRA has inspected or caused to be Inspected and determined to be in decent, safe and sanitary condition, pursuant to Section 2.4 of this ACC, within one year prior to the making of housing assistance psyserts. (e) following the end of each !local Tear, any amount by which the total payments made during that Fiscal Tear exceed the Annual Contributioc payable in accordance with this section will be subtracted from the next payment made by HUD to the MAA, unless other disposition is approved or required by HUD. Fiscal Year. The Fiscal Tear for the Program shall be the fiscal Tear established by Section 0.3 of this ACC. ■ovever. the first fiscal Tear for any Project shall be the period beginning with the effective date of the Proje :- Identified in txhibit I to this ACC end ending on the last day of the established Fiscal Year which is not less than 12 soaths nor more tbar. 2? months after the effective date. If the first Fiscal Year axeeeds 12 months, the Maximum ACC Commitment shall be adjusted by the addition of the pro rat.e amount applicable to the period of operation in excess of 12 months. 2.6 Periodic AdJustment of Contract Rents. The Contract will provide for period! adjustments in the Contract Rents chargeable by the Owner and eommetsurat Increases in amounts of housing assistance payments, in accordance wit applicable HUD regulations, map to the maximum cant authorized for bousin assistance payments in the HW approved estimate submitted pursuant to Sectio 2.11. 1.7 squal Opportunity H ousint Plan, Administrative Plat and Application. The M Mull comply with all provisions of its Hqual Opportunity Housing Plan Administrative Plan and Application, each as approved by Him. IA XMdi�� Carrfins, Out Fr. 'ire M shall proceed expeditiously V Implement the Program consistent with the rehabilitation and leasing schedule If the PRA fails to proceed expeditiously. MD. after giving the MA an Owners, Ober- appropriate. reasonable opportunity to take corrective actior may terminate or reduce its obligation ender this ACC Fart I with respect t the Project. 0130 1.9 Assistance to Eligible Families Vbea Contracts are Teruinated. When the Coatrsct for any unit(@) is terminated for any reason, leaves Contract Autbority available under this ACC, the assisted family(tes) if eligible for e enti4ued assistance, or other eligible family(lea) if the wit(g) is vacant, ter Continue to receive housing assistance for the remainder of the 15 year term is accordance with RUD regulations through the conversion of the Moderate Rehabilitation unit(a) allocation to Existing Housing. The FBA shall issue the Y&* U y a Certificate of Family Participation, assist it to finding a suitable rental unit, and comply with all applicable MM regulations and rules. l.lt? Resposisftility for Administration of Contract. The PRA is primarily responsible for administration of the Contracts, subject to review and audit by BUD. (SEAL) !K, ORANGE COUNTY HOUSING AUTHORIT'i ATTEST: By (Ufficial Title) (Official Title) Date United States of America Secretary of Housing and Urban Developcei By Official Title Ala to Fate 4 of 5 EXHIBIT I Number of ACC List Humber Mazlmuo ACC Coamltment Units by and Contract Budget Project Number bedroom Size Date of Approval Authority Authority Effective Date 1. NC19-k104-001 0 A-87-0196, 4/29/,11 $446, 71r+,.00 $4,467,960.00 1 27 2 49 3 16 4 S Total 97 2. 0 1 in 2 0 3 N 4 r M r Total a' 3. 0 t 2 3 4 Total 4. 0 1 2 3 4 Total U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION E HOUSING ASSISTANCE PAYMENTS PROGRAM MASTER SECTION Ii ANNUAL CONTRIBUTIONS CONTRACT NO. A -2903 NEW CONSTRUCTION, SUBSTANTIAL REHABILITATION, MODERATE REHABILITATION AND EXISTING HOUSING This section E Annual Contributions Contract (ACC) is between the United States of America, acting through the Department of Housing and Urban Development (HUD), under the United States Housing Act of 1937, 42 U.S.C. 1437, et seg. (Act) and the Act, 42 U.S.C. 3331, and a tho it Department of HUD (PHA), which h a "public housing agency" as fined in t Act. he parties agree as of ows: 0.1 PROJECT OR PROJECTS. The PHA is undertaking to provide decent, safe, and sanitary sing or Eligible Families pursuant to section 9 of the Act by means of Housing Assistance Payments Contracts (Contracts) with Owners for the use of housing to be constructed (New Constructi . This may involve agreement on), agreement for the use of existing housing to be substantially rehabilitated (Substantial Rehabilitation), agreement for the use of existing housing to be moderately rehabilitated (Moderate Rehabilitation), or the use of existing housing without substantial or moderate rehabilitation (Existing Housing). In each instance, the numbers and sizes of dwelling units with respect to which a certain maximum annual contributions commitment is made shall constitute a project under this ACC and shall be identified by a project number. 0.2 PART PART B AND PART Of OF THIS ANNUAL CONTRIBUTIONS CONTRACT. (a) Certain provisions of this ACC, principally those which are specifically applicable to a designated project, are contained in Part 1. Separate forms of Part I apply to different types of projects (i e., New Construction and Substantial Rehabilitation (HUD- 32520D), Moderate Rehabilitation (HUD- 32520B (SUPPR and Existing Housing (HUD- 32520B)). A separate Part 1, an the applicable form, has been executed with respect to each project. Each Part I is a part of this ACC. (b) Part Il and Part III contain the remaining provisions of this ACC and are not executed separately. Part 11 CHUD52520C (SUPP), dated 12/79 ) is used for Existing Housing and Moderate Rehabilitation- aarr: ill HUD- 52520E, dated 8/80 ) is used for New Construction and Substantial Rehabilitation.is (c) This ACC consists of* the Master, appropriate Parts 1. and Parts 11 and /or III, as applicable. 0.3 F1SC4�L YEAR. Except for the first fiscal year of each project, there shall be one fiscal year for all projects under this ACC.. This fiscal year shall be the 12 -month period ending December 31 of each calendar year. The first fiscal year for each Project shall be as provided in the Part I applicable to the project. 0.4 COMPLIANCE WITH ACT REGULATIONS AND OTHER REQUIREMENTS. The PHA agrees to- comply, and to require Owners to comply, with the U. S. Housing Act of 1937 and all applicable regulations and requirements. 0.3 SCHEDULE OF PROJECTS. Attached to this ACC, as Attachment A, is a list identifying ea ACC Part and ACC Pan 1 amendment by project number, date, and ACC /HAP Contract List number and date. 0.6 PREVIOUS MASTER ACCS SUPERSEDED. This Master ACC (HUD- 32520A (E-E0) APersrdes any previous Master Section a ACC for the projects identified in Attachment SEAL ATTEST: cola t e *Type name of signatory under signature line. HUD- 52520A (8 -80) (Replaces HUD- 52520A (10.79), which is obsolete.) PHA ORA.GE C!MT TY FOUSING AL"THORITY By - - • coca; tt e Da to _ 19 United States of America Secretary of Housing and Urban Development By tc a Tit e Date 19 03 P. M 036 Proiect No, NC19 -E104 -001 NC19 -E104 -001 NC19 -EI04 -003 NC19 -E104 -004 NC19 -E: 04 -006 NC19 -K104 -001 ATTACIO = A TO MASTER SECTION-8 ACC No. A- 2203 Number &n4 Date of part II of A- 2903 -E, if A- 2903 -K, ACC Lint No. and Date A -81 -685, 6/30/81 A -77 -247, 5/26/77 A -77 -248, 5/26/77 A -77 -517, 9/7/77 A -81 -679, 6/30/81 A -87 -0196, 4/29/87 ■ 03b RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the (herein called the "PHA ") proposes-to enter into an Annual Contributions Contract (herein called the "Contract ") with the United States of America, Department of Housing and Urban Development (herein called the "Government "). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. is hereby approved and accepted both as to form and substance and the is hereby authorized and directed Title of Officer to execute said Contract in triplicate on behalf of the PHA, and the is hereby authorized and directed to (Title of Officer impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. It Section 2. The is hereby authorized Title of Officer to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. ORANGE COUNTY 0 4 U BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 16, 1987 SUBJECT: BID AWARD; DUMP TRUCK DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 497 BID TABULATION PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider awarding a bid to Cardinal International for a cab and chassis with 15 cubic yard capacity dump body. BACKGROUND: This vehicle is requested by the Sanitation Division to use for transporting heavy appliances from green box sites and hauling dirt, gravel, etc. to various work sites in the County. Currently the department utilizes two 5 -ton dump trucks (one 1969 and one 1970 model). The larger capacity body will allow staff time to be used more efficiently since fewer trips will be required. The vehicle is budgeted in the 1986 -87 budget. A smaller, more efficient engine is the reason the bid alternate is less expensive. RECOMMENDATION: Award bid for the Alternate bid cab and chassis with 15 cubic yard dump body to Cardinal International for a sum of $45,359.34. BID TABULATION FOR OFFICE USE: BID FOR: t:ab a C- ssts ' IS aq. c{ur--p bocku, BID AWARDED TO: �COmmev�d. At �rdrnctC,-fin��(. CLOSING DATE: TUK , �(' , 4 8 Q, BID PRICE: CLOSING 'TIME: 3 a0 P. A4 BUDGETED AMOUNT: Catov��(, Dunn. • • ' N TbA B+a (:���+s �odi� • . �3td . Jn j aV%-Aar G[od ut l+1 l:0.rd.� x�rna++or� �`� 3{I +8 F�s� 7885az ufy.. ,�'�,t9'�fD 5o2hf 'I- Iv4a5A� 41-4rna+e, 55{v'S Mq s+ The s°z 50 �4A 508 3+3 4s,55q 34 Mt11sr rs `*} A c, 14D,4(v 1°,3 ZNT-�U '�1000 �f9 �`7,S���v S-7-7 • �41ti 11e.r aU LNT-Soo0 71ozo" o��v Ian a+r4-t--N Kjo [aid ORANGE COUNTY 04,? BOARD OF COMMISSIONERS ACTION AGEN A ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE June 16, 1987 SUBJECT: Modification of Food.StamP Contract DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X *�e�r* NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 497 Contract Addendum #1 PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider amending contract with food stamp distributor to authorize the current Director of Social Services, Martha Pryor -Cook to serve as Contract Administrator. BACKGROUND: This contract was first approved in June, 1985 and designated Tom Ward as Contract Administrator (Section VI (d). Since the inception of the agreement Mr. Ward has retired from orange County and has been succeeded by Martha Pryor -Cook. This action would authorize Ms. Cook to serve as contract Administrator, fulfilling the duties as defined in the attached contract. The Addendum currently in force will expire June 29, 1987. RECOMMENDATION: Authorize Martha Pryor -Cook, Director of Social Services to serve as Contract Administrator for the agreement between Orange County and Cost Containment, Inc. { 04L4 ADDENDUM # 1 DATED : June 27, 1986 In reference to the Contract dated 6 -30-85 by and between the County of Orange and Cost Containment, Inc., for the direct mail service of food stamp coupons, Orange County is using its option to continue said Contract until 6 -29-87 at the same cost and specifications and any and all dddendums, except issuances will - • be invoiced at forty -five ($.45) each effective July 1, 1986' IN WITNESS WHEREOF, the parties through their duly authorized represent- atives, have caused this agreement to be executed in their respective- names on the day-and year listed below. AUTHORIZED.COUNTY OFFICIAL Sworn a,d subsc ed to before me this •�•,,,� the jday of , 98�• 01�*R N ARY PU LICATTEST • ��fi� COST CONTAINMENT, INC. +• E COUNT BY. .. BOARD MEMBER PR DENT' (Corporate Seal) C 044 SERVICE AGREEMENT Orange COUNTY THIS SERVICE AGREEMENT entered into as of the 30 day of June , 19 85 , by and between COST CONTAINMENT, INC. a corporation incorporated under the laws of the State of North Carolina with a place of business in Wake County, North Carolina (Commerce Building, Post Office Box 1661, Raleigh North Carolina 27602), hereafter referred to as Contractor, and _Orange County a body corporate and politic, of _ Orange _ County, Hi.11sbo.rough, N.C. , hereafter referred to as County shall be valid for 12 months commencing the effective date hereof unless terminated pursuant to this agreement. FOR AND IN CONSIDERATION OF SERVICE PAYMENTS and the mutual covenants and agreements herein set forth, IT IS STIPULATED AND AGREED: 1. SERVICE PAYMENTS: County agrees to pay to Contractor for service: (a) Fifty -five cents ($.55) per transaction per month. A trans- action is the mailing of the correct amount and number of food stamp coupons (hereafter called coupons), correctly addressed and postage prepaid by the Contractor to a desig- nated client of the County, at an address furnished to the Contractor by the State (F.S.I.S.). The address to be in the form of an insert for a window envelope. (b) The cost of postage for each transaction in addition to the transaction fee. Postage cost will be itemized for the County each month. In the event the U,. S. Postal Service increases the cost of the lst Class mailing during the contract period, the increased costs of postage (to the Contractor) shall be borne by the County beginning with the month such increase occurs. All monthly service payments shall be paid to Cost Containment, Inc. P. O. Box 1661, Raleigh, North Carolina 27602. Compensation at the rate set above to represent full and complete compensation far services render- ed under the terms of this agreement with total cost to the County not to exceed $ 6600. for the 12 -month period covered by this agreement. U4L Page 2 SERVICE AGREEMENT II. SERVICE PROVIDED: Contractor agrees to provide the following service to the County: (a) Contractor will correctly mail,.by First -Class mail, food stamp coupons (hereafter called coupons) to clients desig- nated by the County at the addresses furnished to the Con- tractor by the State. (b) Contractor will, within 24 -hours of receipt of the same from the County, make any and all changes of the mailing lists to comply with the applicable changes submitted to ensure the correct mailing to clients at changed and corrected addresses. (c) The Contractor will complete and deliver a monthly FNS -250 report to the County for certification and forwarding to the State Office. The Contractor will complete a daily Cashier's Reconciliation Report (CDRR) and forward same to the County along with a copy of the issuance register. The Contractor shall also provide to the County such information needed by the County to complete reports as may be required. (d) In order to deter thefts, Contractor will stagger the dates of mailing of coupons by date and zip code according to in- structions from the County. (e) Performance of service will be conducted in a manner to ensure the confidentiality of information, data, instruments, docu- ments, studies, and reports given to Contractor to use or pre- pare for the County. III. LIABILITY: Inasmuch as the County is liable to the State of North Carolina for any unauthorized coupon issuances or coupon thefts and for any coupon shortages or losses for whatever cause, including, but not limited to, loss due to erroneous mailings, the Contractor agrees that it shall be liable to the County in like manner and amount and shall hold the County harmless from claims of the State arising from any such cause; the Contractor further agrees: (a) That it will maintain in full ford: and effect during the term of this contract, or any renewal or extension thereof, such in- surance or bond, and in such amount, as the County /City may re- quire to indemnify the County /City against any theft of coupons while they are in the actual or constructive possession of the Contractor, its agents and employees, and against any loss or shortage of coupons or other loss arising out of any act or omission of the Contractor, its agents and employees. (b) That if the County /City suffers any loss of any shortage or reduction in coupons by reason of any act or omission of the Contractor, its agents or employees, the County /City, at its election, may recover the value of its losses by requiring that the Contractor pay the amount of such loss or by deduct- ing the amount of such loss from service payments due the Contractor under this contract or both; but in no event shall the amount recovered by the County /City hereunder exceed its losses. 04 Page 3 SERVICE AGREEMENT IV. AUDITS AND PROCEDURES: As required the Contractor will allow on- site reviews, audits, and inspections by County /City, State, or Federal staff and comply with their procedural requirements. Any deviations from Federal or State guidelines and procedures by either Contractor or County /City must have both the State office and FNS PRIOR approval. V. DEFAULT AND TERMINATION: (a) Upon default by County /City, Contractor shall determine and receive from County /City the sum due for services rendered. In the event Contractor shall be required to institute a suit to collect any unpaid service payments due under this service agreement, Contractor shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of the service payments so recovered by the Contractor from County /City. (b) Upon default by Contractor, County /City shall be entitled to immediate termination of this agreement and, further, to liquidated damages in an amount equal to the sum of service payments made by County /City to Contractor for the first month of service rendered under this agreement. County /city, however, is not limited to the amount of liquidated damages if the County/ City suffers damages in excess of the amount of liquidated damages determined as herein set forth. In the event County/ City shall be required to institute a suit to collect any damages for any amounts due under this agreement, County/ City shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of any amount recovered by County /City from Contractor. (c) Either party may terminate this agreement by giving to the other party hereto a written notice of its intention to terminate this agreement. This agreement shall be considered terminated upon the date set forth for termination of the agreement which shall be not less than 60 days from the service and delivery of the notice. The parties hereto may agree to an earlier date of termination of the agreement. Contract may be terminated because of circumstances beyond control of Contractor - such as war, strikes, riot and /or natural disaster. VI. SPECIAL PROVISIONS: (a) It is understood and agreed between the Contractor and the County /City that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation or appropriation of necessary funds to the County /City by the Federal Goverrunent and the State of N.C. for the purposes set forth in this agreement. If 04`r Page 4 SERVICE AGREEMENT (b) County /City may, from time to time, require changes in the scope of the services of the Contractor to be performed under this agreement including but not limited to renewal or ex- tensions shall be incorporated in written amendments to this agreement. (c) Neither this agreement nor any part hereof which involves the specialized skill or expertise of the Contractor shall be assigned, subcontracted, or in any way transferred with- out the prior approval of the Contract Administrator (project coordinator) and the State of N.C. (d) The authorized County /County official, Tom Ward is disignated as the Contract Administrator (project coordi- nator) for the County /City with responsibility for all matters relating to this agreement including but not limited to in- voice approval. However, any CHANGES in the scope of the agreement which will increase or decrease the Contractor's compensation shall not be effective until they have been ap- proved by the Contract Administrator and until they have been approved by the Contract Administrator and documented through a written amendment to this agreement. (e) Contractor shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). (f) County /city officials, State Officials, Contract Coordinator, the Federal Grantor Agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records which are in any way pertinent to this agreement for the pur- pose of making audit explanation, excerpts, and transcriptions. Contractor shall maintain all required records for three years after the County /City makes ;final payments and all pending matters are closed. Contractor assures the County /City that the County /City, with the other officials and agencies men- tioned in this item (f), Section VI, of this agreement, shall have access to any and all books, documents, papers, and records of the Contractor for the purpose of audit, examination, ex- cerpts, and transcriptions. (g) Contractor shall comply with mandatory standards and policies relating to ,argr, efficiency which are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 34 -165) (h) The County is granted the right to renew this contract for an additional two years as long as the cost and the specifications remain the same. Page 5 SERVICE AGREEMENT JIM., (i) The Contractor will be responsible for all County losses under the U.S.D.A. regulations for replacements for any quarter as long as the administration abides by the following conditions: 1. All issuances for $300 or over shall be sent to the recipient by certified, first-class mail or is given to the client by over-the-counter issuance. 2. Following a replacement, future issuances will be sent by certified, first-class mail or the client will report to the agency for over-the-counter issuance. 3. The agency will report the list of monthly replace- ments to the Contractor to be matched against the re- turned mail. 4. TI.-le. Postal cost of certified mailings will be report- ed with the cost of postage. 5. One mail day will be selected by the County to repre- sent all cases to be sent by certified, first-class mail. Another mail day will be used to identify all cases to be sent to the agency for over-the-counter issuance. (The computer has ten mail days to be used for regular and special handling of issuances.) V11. AUTHORITY OF COUNTY/CITY: The official executing this agreement covenants that he or she has authority to execute this agreement on behalf of the County/City of Orange , and approves the proposal submitted by the Contractor for the services to be rendered as set forth in Section 11 of this agreement. VIII: INDEPENDENT CONTRACTOR: Conformity with The Laws (a) For all purposes of this agreement, the Contractor shall be deemed an independent Contractor, and neither the Contractor nor its agents or employees are or shall be deemed to be agents or employees of the County/City or of the State of N. C. and the Contractor shall hold and save harmless the County/City and the State of N.C. from the claims of third parties arising out of any act or omission of the Contractor, its agents or employees, in performance of this agreement. (b) The Contractor shall pay all taxes, assessments, premiums and fees and shall file all reports and returns required by law and arising out of its operations under this agreement. (c) The Contractor shall perform its obligations under this agree- ment in conformity with all applicable laws and regulations, Federal, State, or local. U4� Page Six SERVICE AGP.r7'4FNT IN WITNESS WHEREOF, the parties through their duly authorized representative, have caused this agreement to be executed in their respective names on the day and year first above written. ATTEST: HOARD MEMBER - (CORPORATE SEAL) L-' , CHAIRMAN, j3OARD OF COUNTY COMMISSIONERS OR AUTHORIZED COUNTY OFFICIAL Sworn ;-.Pd subscribed to before me this the day of � �, 19 PS My Commission Expires 11 -6 -1d COST CONTAINMENT, INC. PRESIDENT: Robert G. Stewart r111is instriment has been 7; r;��, it�d in 6e manner required by the Local Government Budget anu i :scal Control Act. ze � Finance Officer of Orange County ORANGE COUNTY U 5 U BOARD OF COMMISSIONERS ACTION AGE ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 16, 1987 SUBJECT: Contract Renewal; Jail Medical Services DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES _X —NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES Renewal Agreement EXT 497 PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider the renewal of a contract with Orange Family Medical Center to provide medical services to inmates in the Orange County Jail through June 30, 1988. BACKGROUND: Providing medical service to jail inmates is mandated by the State of North Carolina. Since 1985 Orange Family Medical Center has provided medical care to inmates of Orange County Jail. Provisions of the contract call for a monthly fee plus laboratory fees, x -rays, and after hours emergency care to be paid to the medical center. The monthly fee July 1 - June 30, 1988 will be increased by $50 per month to $550, an annual total of $6,600. Lab and x -ray fee schedules remain consistent with those submitted last year. Sufficient funds are set forth in the 1987-88 Recommended Budget. RECOMMENDATION: Approve contract with Orange Family Medical Center July 1 through June 30, 1988, for an annual sum of $6,600; and authorize the Chair to sign on behalf of the Board. AGREEMENT BETWEEN c(opy COUNTY OF ORANGE and 051 ORANGE FAMILY MEDICAL CENTER NORTH CAROLINA COUNTY OF ORANGE WHEREAS, an agreement was made and entered into as of the 1st day of July, 1985 by and between Orange County, hereinafter referred to as the "County" and Orange Family Medical Center, hereinafter referred to as "Health Authority" for the provision of primary medical services for the Orange County Jail. WHEREAS, the COUNTY and the HEALTH AUTHORITY wish to renew the agreement as amended. NOW THEREFORE, the COUNTY and the HEALTH AUTHORITY mutually agree to the following: 1.) The agreement will be continued for a period of one year commencing July 1, 1987 and ending at 12 :00 midnight on June 30, 1988. 2.) Section E, lA shall be amended to read "Six thousand dollars six hundred per annum to be paid in equal monthly installments of $550 each. This compensation is for all services described in this agreement performed by the Health Authority during this normal business hours including the sick calls and other visits to the jail, the office of the Health Authority or such other health care facility selected by the attending physician pursuant to Section A of this agreement. The Health Authority will not be responsible for billing any non - county agency for services rendered to non -- county prisioners." FOR AND ON BEHALF OF FOR AND ON BEHALF OF ORANGE COUNTY HEALTH AUTHORITY Shirl Marshall, Chair Robert L. Ellis Orange County Orange Family Medical Center Board of Commissioners Date of Signature Date of Signature This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Director of Finance Orange County AGREEMENT BETWEEN ORANGE COUNTY AND MP17 ORANGE FAMILY MEDICAL CENTER THIS AGREEMENT IS MADE AND ENTERED INTO THIS THE 1ST DAY OF JULY 11 1985, BY AND BETWEEN ORANGE COUNTY, HEREINAFTER REFERRED TO AS "COUNTY" AND THE NAMED SERVICE PROVIDER, HEREINAFTER REFERRED TO AS "HEALTH AUTHORITY ". W I T N E S S E T H: WHEREAS, THE COUNTY DESIRES TO CONTRACT WITH THE HEALTH AUTHORITY FOR THE PROVISION OF PRIMARY MEDICAL SERVICES FOR THE ORANGE COUNTY JAIL, AND WHEREAS, THE HEALTH AUTHORITY DESIRES TO PROVIDE THOSE SERVICES, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE FOLLOWING MUTUAL PROMISES, COVENANTS AND CONDITIONS, COUNTY AND THE HEALTH AUTHORITY AGREE AS FOLLOWS: A) MEDICAL SERVICES 1) THE HEALTH AUTHORITY SHALL PROVIDE ONLY THOSE MEDICAL PERSONNEL WHO ARE QUALIFIED IN THEIR RESPECTIVE FIELDS AND WHO MAINTAIN APPLICABLE LICENSES AND REGISTRATION TO PERFORM THE NECESSARY MEDICAL PRACTICE REQUIRED BY THIS AGREEMENT 2) THE HEALTH AUTHORITY SHALL BE RESPONSIBLE FOR THE HEALTH PROGRAM OF THE JAIL. ALL MEDICAL DECISIONS SHALL BE MADE SOLELY BY THE RESPONSIBLE PHYSICIAN. ALL MEDICAL PRACTICE SHALL BE IN ACCORDANCE WITH ACCEPTED METHODS AND PROCEDURES, STATE AND FEDERAL LAW AND LOCAL HEALTH ORDINANCE. 3) THE HEALTH AUTHORITY SHALL PROCESS INMATE HEALTH COMPLAINTS DAILY. IF IT IS NECESSARY THAT THE HEALTH AUTHORITY EXAMINE AN INMATE, THAT EXAMINATION WILL TAKE PLACE AS SOON AS PRACTICABLE AFTER DETERMINATION IS MADE THAT AN EXAMINATION IS NECESSARY. ALL SUCH EXAMINATIONS SHALL TAKE PLACE AT THE JAIL, AT THE OFFICE OF THE HEALTH AUTHORITY, OR OTHER HEALTH CARE FACILITY AT THE DISCRETION OF THE ATTENDING PHYSICIAN AFTER CONSULTATION WITH THE SHERIFF OR HIS DESIGNEE. 4) THE HEALTH AUTHORITY SHALL CONDUCT A SICK CALL ONCE PER WEEK AT THE JAIL. 5) THE HEALTH AUTHORITY SHALL CONDUCT AT THE JAIL A HEALTH APPRAISAL OF EACH INMATE WITHIN 14 DAYS OF THE INMATE'S ARRIVAL AT THE JAIL. 6) THE HEALTH AUTHORITY SHALL PROVIDE FOR ADMINISTRATION OF INJECTIONS TO INMATES IN SITUATIONS WHERE THE INMATE CANNOT ADMINISTER PAGE 2 05d HIS /HER OWN INJECTION. 7) ALL ADMISSIONS FOR HOSPITAL OR EME RGENCY CARE SHALL BE TO THE NORTH CAROLINA MEMORIAL HOSPITAL AT CHAPEL HILL. 8) THE COUNTY WILL PROVIDE ADEQUATE SPACE, SECURITY AND NON- MEDICAL SUPPLIES AND EQUIPMENT IN THE JAIL FOR THE HEALTH AUTHORITY TO USE IN MEETING THE TERMS OF THIS AGREEMENT. 9) THE COUNTY WILL PERFORM RECEIVING AND SCREENING ON ALL INMATES UPON THEIR ARRIVAL AT THE JAIL. B) POLICIES AND PROCEDURES: 1) THE HEALTH AUTHORITY SHALL DEVELOP, IN COOPERATION WITH THE COUNTY, A MANUAL OF WRITTEN POLICIES AND DEFINED PROCEDURES IN ACCORDANCE WITH G.S. SECTIONS 153A -224 AND 153A -225. SUCH POLICIES SHALL AT A MINIMUM CONTAIN PROVISIONS FOR: A) IMPLEMENTATION AND MAINTENANCE OF MEDICAL SERVICES AS DESCRIBED IN SECTION A. B) HEALTH RECORD PATIENT FOLDERS ON ANY INMATE WHO REQUIRES INTERVENTION AFTER INITIAL SCREENING WHICH SHALL CONTAIN AT A MINIMUM: PATIENT AUTHORIZATION FOR RELEASE OF ALL INFORMATION CONTAINED IN THE PATIENT HEALTH RECORD. COMPLETED RECEIVING AND SCREENING FORMS, IF APPLICABLE; HEALTH APPRAISAL DATA FORMS; - ALL FINDINGS, DIAGNOSES, TREATMENTS, DISPOSITIONS; - PRESCRIBED MEDICATIONS AND THEIR ADMINISTRATION; - LABORATORY, X -RAY AND DIAGNOSTIC STUDIES; - SIGNATURE AND TITLE OF EACH DOCUMENTOR; - CONSENT AND REFUSAL FORMS; - PLACE, DATE AND TIME OF HEALTH ENCOUNTERS; - DISCHARGE SUMMARY OF HOSPITALIZATIONS; - HEALTH SERVICE REPORTS (E.G., DENTAL, PSYCHIATRIC AND OTHER CONSULTATION. PAGE 3 ALSO TO BE INCLUDED IN THIS SECTION ARE PROVISIONS FOR HEALTH RECORD TRANSFER PRACTICES AND RECORD RETENTION POLICY. C) PAPER MANAGEMENT OF PHARMACEUTICALS INCLUDING THE FOLLOWING STIPULATIONS: - ADHERENCE TO STATE PHARMACY LAW - ADHERENCE TO FEDERAL CONTROLLED SUBSTANCE ACT - RE- EVALUATION OF PRESCRIPTIONS BEFORE RENEWAL - MAXIMUM SECURITY OF PHARMACEUTICALS, SYRINGES AND NEEDLES - PROHIBITION OF MISUSE OF PSYCHOTROPIC MEDICATION D) A TRAINING GUIDE FOR JAIL EMPLOYEES WHICH WOULD COVER: - ACTION REQUIRED FOR POTENTIAL EMERGENCIES; - SIGNS AND SYMPTOMS OF AN EMERGENCY; - OBTAINING EMERGENCY CARE; - PATIENT TRANSFER PROCEDURES; - CHEMICAL DEPENDENCY AND EMOTIONAL DISTURBANCE; - HEALTH AND HYGIENE - RECEIVING AND SCREENING. E) THE FOLLOWING MISCELLANEOUS ITEMS: - STANDING ORDERS FOR INMATES IN ISOLATION, CHEMICALLY DEPENDENT, DETOXIFICATION, AND SPECIAL MEDICAL CARE, HOSPITALIZATION, PREVENTATIVE CARE, CHRONIC CARE, CONVALESCENT CARE; - HEALTH KIT CONTENTS, NUMBER, LOCATION AND INSPECTION PROCEDURES; - ACCESS TO DIAGNOSTIC SERVICES; - NOTIFICATION OF NEXT OF KIN FOR SERIOUS ILLNESS, INJURY OR DEATH; - COORDINATION /NOTIFICATION OF MEDICAL EXAMINER FOR POST-MORTEM EXAM; COORDINATION WITH OTHER COUNTY DEPARTMENTS I PAGE 4 050 ON HEALTH INSPECTIONS AND THE FACILITY'S DIASTER PLAN; PEER REVIEW; INFORMATION SHARING; - PSYCHIATRIC PATIENT HANDLING; - TRANSFER OF ILL PATIENTS; 2) HEALTH AUTHORITY WILL DEVELOP A DRAFT OF THE WRITTEN MANUAL AS DESCRIBED ABOVE WITHIN SIXTY DAYS OF BEGINNING DATE OF THIS AGREEMENT. THE COUNTY RESERVES THE RIGHT TO REQUIRE ANY MODIFICATIONS TO THE MANUAL THAT IT DEEMS REASONABLY NECESSARY TO PROVIDE ADEQUATE POLICIES AND PROCEDURES ADDRESSING THE TOPICS DETAILED IN THE SUBSECTION OF THIS CONTRACT ENTITLED "POLICIES AND PROCEDURES ". 3) THE MANUAL AFTER COMPLETION WILL BE THE EXCLUSIVE PROPERTY OF THE COUNTY. C) REPORTING 1) THE HEALTH AUTHORITY SHALL MEET AT LEAST QUARTERLY WITH THE SHERIFF TO DISCUSS THE INMATES$ HEALTH CARE STATUS AND THE FACILITY HEALTH CARE PLAN. 2) THE HEALTH AUTHORITY SHALL SUBMIT A QUARTERLY REPORT TO THE SHERIFF WHICH WILL INCLUDE: A) THE EFFECTIVENESS OF THE HEALTH CARE SYSTEM; B) DESCRIPTION OF ANY HEALTH ENVIRONMENT FACTORS OF IMPORTANCE; C) PROGRAM CHANGES SINCE LAST REPORT. 3) THE HEALTH AUTHORITY SHALL PREPARE ANNUAL STATISTICAL REPORT WHICH INDICATES THE NUMBER OF INMATES RECEIVING HEALTH SERVICES BY: A) DISEASE DIAGNOSIS CATEGORY; B) REFERRAL TO SPECIALISTS BY SPECIALIST AREA; C) HOSPITAL ADMISSION BY REASON; D) INJURIES /ACCIDENTS BY TYPE. D) INSURANCE AND INDEMNIFICATION 1) HEALTH AUTHORITY WILL INSURE ITSELF FOR GENERAL COMPREHENSIVE LIABILITY, PROFESSIONAL LIABILITY AND ERRORS AND OMISSIONS COVERAGE IN THE AMOUNT OF $1,000,000 WITH THE COUNTY NAMED AS ADDITIONAL INSURED ON THE POLICY. A CERTIFICATE OF INSURANCE PAGE 5 EVIDENCING THE ABOVE COVERAGE WILL BE PROVIDED BY THE HEALTH AUTHORITY TO THE COUNTY UPON EXECUTION OF THIS AGREEMENT. EACH PHYSICIAN OF THE HEALTH AUTHORITY SHALL BE COVERED BY PROFESSIONAL LIABILITY INSURANCE IN THE AMOUNT OF $1,000,000 OR BE SELF - INSURED FOR THE SAME RISKS TO AN EQUAL OR GREATER DEGREE OF COVERAGE. A CERTIFICATE OF INSURANCE OR SATISFACTORY PROOF OF SELF - INSURANCE EVIDENCING THIS COVERAGE WILL BE PROVIDED BY THE HEALTH AUTHORITY TO THE COUNTY UPON THE EXECUTION OF THIS AGREEMENT. 2) HEALTH AUTHORITY SHALL INDEMNIFY AND SAVE HARMLESS THE COUNTY, ITS AGENTS AND ITS EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, CLAIMS, ACTIONS LOSSES, COSTS, PENALTIES, AND DAMAGES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE PRACTICE OF MEDICINE AS DESCRIBED IN THIS AGREEMENT. E) PAYMENT: 1) THE HEALTH AUTHORITY SHALL BE COMPENSATED AS FOLLOWS A) FOUR THOUSAND TWO HUNDRED DOLLARS PER ANNUM TO BE PAID IN EQUAL MONTHLY INSTALLMENTS OF $350.00 EACH. THIS COMPENSATION IS FOR ALL SERVICES DESCRIBED IN THIS AGREEMENT PERFORMED BY THE HEALTH AUTHORITY DURING ITS NORMAL BUSINESS HOURS INCLUDING THE 52 SICK CALLS AND ALL OTHER VISITS TO THE JAIL, THE OFFICE OF THE HEALTH AUTHORITY OR SUCH OTHER HEALTH CARE FACILITY SELECTED BY THE ATTENDING PHYSICIAN PURSUANT TO SECTION A OF THIS AGREEMENT. B) IN THE EVENT A JAIL INMATE REQUIRES TREATMENT OR OTHERWISE MUST BE SEEN BY THE HEALTH AUTHORITY OTHER THAN DURING THE NORMAL BUSINESS HOURS OF THE HEALTH AUTHORITY, HEALTH AUTHORITY MUST BE COMPENSATED FOR EACH SUCH TREATMENT OR VISIT AT THE EMERGENCY SERVICES FEE SCHEDULE OF THE HEALTH AUTHORITY IN EFFECT JULY 1, 1984. HEALTH AUTHORITY SHALL PROVIDE COUNTY WITH ITS NORMAL BUSINESS HOURS AND WITH A SCHEDULE OF ITS EMERGENCY SERVICE FEES AND ITS HOLIDAYS FOR THE PERIOD AUGUST 1, 1984 UNTIL JUNE 30, 1985. ANY CHANGES IN THE NORMAL BUSINESS HOURS OR SCHEDULE OF HOLIDAYS DURING THE TERM OF THIS AGREEMENT SHALL BE PROVIDED TO THE COUNT AS SOON AS ADOPTED BY HEALTH AUTHORITY. C) CHARGES FOR LABORATORY FEES, X -RAY, SUTURE MATERIALS, STERILIZED INSTRUMENT USAGE AND MEDICATION IF PURCHASED BY THE MEDICAL AUTHORITY FOR USE IN CONNECTION WITH THIS PAGE 6 U fs'l AGREEMENT WILL BE INVOICED SEPERATELY TO THE COUNTY AT COST. F) TERM: 1) THIS AGREEMENT SHALL RUN FOR ONE YEAR FROM THE 1ST DAY OF JULY, 1985 TO THE 30TH DAY OF JUNE, 1986, AND SHALL BE RENEWABLE UPON WRITTEN NOTICE EXECUTED BY BOTH PARTIES. G) TERMINATION: THIS AGREEMENT OR ITS RENEWALS MAY BE TERMINATED AT ANY TIME WITHOUT PENALTY BY EITHER PART, PROVIDED THAT NOTICE OF SUCH TERMINATION IS FURNISHED TO THE OTHER PARTY IN TIME TO PROPERLY ARRANGE FOR PROFESSIONAL COVERAGE. IN THE EVENT OF SUCH TERMINATION, ANY PAYMENT DUE SHALL BE PRORATED TO THE DATE AND TIME OF TERMINATION. THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE PARTIES AND CANNOT BE ALTERED, AMENDED OR MODIFIED, EXCEPT BY AN AGREEMENT IN WRITING EXECUTED BY THE DULY AUTHORIZED OFFICIALS OF BOTH PARTIES. THE LAWS OF NORTH CAROLINA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SIGNED THIS AGREEMENT IN THEIR OFFICIAL CAPACITIES ON THE DAY AND YEAR LISTED BELOW. FOR AN ON BEHALF OF ORANGE COUNTY DONALD WILLHOIT CHAIRMAN, ORANGE COUNTY BOARD OF COMMISSIONERS FOR AND ON BEHALF OF HEALTH AUTHORITY THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. FINANCE DIRECTOR ORANGE FAMILY MEDICAL CENTER FEE SCHEDULE LABORATORY PROCEDURES bbrlr+r n inr GC CULTURE GLUCOSE GRAM STAIN HEMA TOCRIT MONO TEST OCCULT BLOOD PAP SMEAR PREGNANCY TEST SED. RATE KOH PREP. THROAT CULTURE UA COMPLETE UA DIPSTICK ONLY VAGINAL DROP (WET PREP) WBC DIFFERENTIAL 87070 82947 87205 85014 86300 82270 88150 84139 85650 87220 87060 81000 81005 87210 85048 85009 056 COPY AMOUNT 8.00 6.00 10.00 5.00 10.00 2.00 each 12.00 6.00 8.00 7.00 6.00 10.00 4.00 6.00 7.00 12.00 Effective 911186 0 %j ORANGE FAMILY MEDICAL CENTER FEE SCHEDULE REFERENCE LABORATORY PROCEDURES THE FOLLOWING LABORATORY PROCEDURES ARE PERFORMED BY A REFERENCE LABORATORY. THE ORANGE FAMILY MEDICAL CENTER CHARGES A $10.00 FEE FOR COLLECTION AND HANDLING IN ADDITION TO THE PROCEDURAL FEES LISTEN BELOW: nr�nnrni inr PANEL 1249 80019 12.50 DIGOXIN 82643 24.00 PANEL 1 144 80019 15.00 D I LANT I N 84045 26.50 LIVER PANEL 80010 19.30 GLUCOSE TOLERANCE 82951 25.00 PANEL 1039 80018 13.00 FSH SERUM 83001 42.70 PRENATAL PROFILE 80055 1-5.15 FOLIC ACID 82746 29.40 ELECTROLYTE PANEL 80004 11.00 HEPA T I T 1 S PANEL 80059 68.10 ANEMIA PROFILE 11 80086 23.20 IRON BINDING CAP. 83550 13.00 ARTHRITIS PANEL (RA) 80072 27.40 PINWORM PREP 87208 3.00 LIPID PANEL 1 80061 20.10 OVA & PARASITES 87211 14.80 CBC & DIFFERENTIAL 85022 6.95 RH ANTIBODY TITER 86025 12.80 THYROID PANEL 80070 37.00 URIC ACID 84550 6.30 CHOLESTEROL 82465 8.00 VITAMIN B-12 82607 38.00 TRIGLYCERIDES 84478 11.20 ALPHA FETOPROTEIN 86244 35.00 SEROLOGY (RPR) 86592 8.00 STREP TEST 86045 8.00 PROTHROMBIN (PT) 85610 8.00 BLOOD GROUP & RH 86082 9.90 PART. THROMBOPLAST IN CULTURE & SENS 1 T 1 V. 87086 20.00 TIME ( PTT) 85730 11.90 FUNGUS CULTURE 87102 32.10 LITHIUM 83725 17.00 HERPES CULTURE 87250 31.20 THEOPHYLLINE 84420 31.00 CHLAMYDIA CULTURE 87206 10.80 PLATELET COUNT 85580 8.00 ROUTINE CULTURE PHENOBARB 1 TAL 82210 32.00 ( STOOL, SPUTUM) 87082 20.00 Effective 311185 9 ORANGE FAMILY MEDICAL CENTER c(opy X -RAY SERVICES 060 CHEST CPT CHG PROF Chest, 1 view 71010 31.00 16.00 Chest, apical lordot i c 71021 31.00 16.00 Chest, 2 views 71020 37.00 21.00 Chest, 3 views (stereo, PA, lat.) 71015 50.00 27.00 Chest, 4 views 71030 50.00 27.00 Ribs, unilateral, 3 views 71100 39.00 29.00 Ribs, unilateral, w /PA Chest 71100 &71010 47.00 29.00 Ribs, bilateral, 6 views 71110 52.00 29.00 Ribs, bilateral, w /PA Chest 71110 &71010 62.00 29.00 Sternum, 3 views 71120 36.00 22.00 Sterno- clavicular joints, 3 views 71130 36.00 22.00 SPINE & PELVIS v i ca l Spine, 2 views " V i ca l Spine, 4 -5 views 72040 39.00 24.00 "a c i c Spine, 2 views 72050 72070 50.00 39.00 )o sa cra l Spine, 2 views 72100 35.00 48.00 27.00 27.00 )o sacral Spine, 5 views 72110 59.00 34.00 ne, Entire Survey, AP & lateral 72010 95.00 61.00 Pelvis, AP Pelvis, stereo, 2 views 72170 40.00 22.00 Pelvis & lateral Hip, 2 views 72180 73510 47.00 47.00 30.00 Pelvis, 3 views 72190 47.00 30.00 35.00 Sa cro-iliac joints, 4 views 72202 40.00 24.00 Sacrum & Coccyx 72220 41.00 24.00 UPPER EXTREMITIES Clavicle S ou l a, 3 views 73000 30.00 22.00 , /der, 2 views 73010 73030 40.00 23.00 l de r, 3 views 73030 36.00 46.00 20.00 30.00 )mioclavicular joints 73050 36.00 22.00 e rus, 2 views E y oo w, 3 views 73060 31.00 23.00 Forearm, 2 views 73080 73090 35.00 27.00 Wrist, 3 views 73110 32.00 36.00 20.00 17.00 Hand, 3 views Finger, 3 views 73130 36.00 27.00 Opposing view for comparison 73140 76499 31.00 17.00 Post Reduction, 2 views 76499 20.00 2-5.00 12.00 17.00 ABDOMEN Abdomen, Abdomen, single AP 2 views 74000 38.00 24.00 Abdomen, 2 views & PA Chest 74020 74020 &71010 49.00 55.00 29.00 Abdomen, 3 views 74010 61.00 36.00 36.00 10/86 061 a D LOWER EXTREMITIES CPT Femur CMG PROF Knee, 2 views 73550 37.00 23.00 Knee, 3 views 73560 36.00 24.00 Tibia & Fibula 73570 46.00 24.00 Ankle, 2 views 73590 32.00 22.00 Ankle, 3 views 73600 30.00 17.00 Foot, 2 views 73610 39.00 20.00 Foot, 3 views 73620 33.00 24.00 Os -CQlci,9, 2 views 73630 39.00 24.00 Toes 73650 29.00 20.00 73660 31.00 20.00 HEAD STUDIES Skull, 6 views 70260 57.00 Skull, 4 views 70260 47 42.00 Sinuses, 4 . 00 34.00 Facial 80 '. 70220 42.00 44.00 4 views 70150 46.00 Nasal Son. views 70160 31 42.00 .00 Sella Tur 1 view 70240 26.00 12.00 24.00 Sella Turc 2 views 70240 36.00 Mandible, iews 70110 27.00 52.00 30.00 ZY90matic arches, 6 views w1facial 70150 46.00 42.00 Tempera - mandibular joints, unilateral 4 views 70328 48.00 30.00 Tempero-mandibular joints, bilateral 6 views 70330 48.00 30.00 SPECIAL STUDIES Neck, Soft Tissue, 2 views. 70360 31.00 Scoliosis, 1 view 72090 22.00 32.00 17.00 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. r 9% ACTION AGENDA ITEM ABSTRACT Meeting Date: SUBJECT: RSVP GRANT APPROVAL DEPARTMENT: PUBLIC HEARING: Yes No _.Dpna _tment on Aainct -mRSVP ATTACHMENT(S): _ INFORMATION CONTACT: 13 pages (1 letter and .4 copies of 3 pages) Jerry Passmore, ext 280 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 v PURPOSE: :.Approval of the ACTION Grant, No. 440 - 4768/06 for the Retired Senior Volunteer Program for FY 1987 -1988. BACKGROUND: w The Orange County Commissioners authorized the County Manag.er to submit an application to ACTION for a $24,775 grant for continuation of the Retired Senior Volunteer Program for twelve months and to certify to.the federal government the willingness of the County to assure a minimum of 30% in cash, goods, and services as the non - federal share in support.of the program on March 2, 1987. . RECOMMENDATION(S): Approve and authorize the Chair to sign the Notice of Grant Award. ACnC7N ° �"1 P W 0b ~rF6R S` Region REM MAY 1987 101 Marietta Street, N.W, �1 �7 Atlanta, Georgia 30323 Mr. Kenneth R. Thompson, County Manager Orange County Orange Government 106 E. Margaret Lane Hillsborough, NC 27278 Re: Grant No. 440- 4768/06 Dear Mr. Thompson: Enclosed are four copies of a Notice of Grant Award (NGA) and other related documents to continue the above referenced grant. Please have the Notice of Grant Award Form signed by an authorized representative of your organization and return one fully signed copy to the attention of the Grants Officer. Upon receipt of the signed NGA and Standard Form 270, Request for Cash, the funds for the project will be forwarded to you. Of the remaining three copies, please retain one copy for'your file and distribute one copy each to the Project Director, and the Chief Fiscal Officer. In order that advance payment requests may be approved, it is necessary for you to keep your Financial Status Reports current. Be certain to file them correctly, on time, and on the correct form to the ACTION Grants & Contracts Office. The enclosed copy of the Financial Status Report (FSR), ACTION Form A -451 (Rev. 2/81) is the current approved form. ACTION Handbook 2650.2, enclosed is referenced on Page 3, Part II "Conditions ", Line 2 of the NGA. Please assure that you are conducting the business management of the grant as set out in the handbook. We look forward to your cooperation as we work together to help the community meet its needs. Sincerely, 'tyrAnt� s & ontrac s Officer Region IV Enclosures PEACE CORPS • VISTA - UNIVERSITY YEAR FOR ACTION • NATICN %~t- y.L,E'NT V17LLNTFER PROGRAM FGSTEP GRANOPAHENTS • RETIREC SENIOR VOLUNTEERS • SENIOR =APANIC'4 PRG'lRA %' • ''PECIAL CLUNTEER PRaGPA'.�s ACrK)N NOTICE OF GRANT AWARD ()S4 Under authority of P.L. 93-113, Title H, Part A ands' t> It Legislation. Raguletlora snd PolMdw applicable to: d rams IhWm rrra ftm aaft or Fedsrral Doeru c q ) 1. PROJECT TITLE 2. CFDA No. Rptirpri Spninr Vnlrrntaar prnaraM Y1. nnr 3. GRANTEE ORGANIZATION 4. GRANT NOAUDGET PERIOD B. AMEND. NO. Orange County 440-4768/06 County Government & B DOT F r o m M M O D Y Y . Thru M M D D Y Y 106 E. Margaret Lane 06 30 AS Hillsborough, NC 27278 .7. PROJECT PERIOD M M O D Y Y BEGINS . 07 01 82 S. CONGRESSIONAL DISTRICT 9. STATE 10. CITY 11. COUNTY 12. PEE OF 1 _ � _ 4 37 2190 135 I � I 2- Renewal 3' Conte 13, NAME OF PROJECT DIRECTOR B 4 . Revision Kay Huey 5. Ausrtmution 14. VOLUNTEER INFORMATION - 15. STATE APPLICATION IDENTIFIER No. of Volunteers Budgeted 475 8 C00000 18. EMPLOYER I.D. NO. 17. VENDOR CODE Estimated Volunbw ManMours 56-6000327 1 304438-5 18. GRANTEE GRANTEE DESCRIPTOR TYPE 19. APPROPRIATION NO 20. ACCOUNTING CLASS. CODE 4470103 . 87-74-4102- 172 01 21. TOTAL FEDERAL AMOUNT AWARDED PROJECT PERIOD s 148, 010.00 23. DS • FEDERAL ASSISTANCE AWARD DATA SYSTEM 22 i 2 ,775 0000n0000mmm 34 920 A. Amount Previously Awarded Current Budget Period 0 mmmmmmom0000 r S. Amount of This Award : F. TOTAL i 59.695 C, Carry-over from Preceding CURRENT A110AMD BUDGET Budget Period S 1L Valwow &Wpm Exposis VeWetw Enwal lndirsd Cods D. Current Approved Budget: , 1. Federal Share IA, S. C + D.1.) s 243775.00 2 s 21,92 = 2,847 s 0 2. Non - Federal Share Under authority of P.L. 93-113, Title H, Part A ands' t> It Legislation. Raguletlora snd PolMdw applicable to: d rams IhWm rrra ftm aaft or Fedsrral Doeru c q ) 1. PROJECT TITLE 2. CFDA No. Rptirpri Spninr Vnlrrntaar prnaraM Y1. nnr 3. GRANTEE ORGANIZATION 4. GRANT NOAUDGET PERIOD B. AMEND. NO. Orange County 440-4768/06 County Government & B DOT F r o m M M O D Y Y . Thru M M D D Y Y 106 E. Margaret Lane 06 30 AS Hillsborough, NC 27278 .7. PROJECT PERIOD M M O D Y Y BEGINS . 07 01 82 S. CONGRESSIONAL DISTRICT 9. STATE 10. CITY 11. COUNTY 12. PEE OF 1 _ � _ 4 37 2190 135 I � I 2- Renewal 3' Conte 13, NAME OF PROJECT DIRECTOR B 4 . Revision Kay Huey 5. Ausrtmution 14. VOLUNTEER INFORMATION - 15. STATE APPLICATION IDENTIFIER No. of Volunteers Budgeted 475 8 C00000 18. EMPLOYER I.D. NO. 17. VENDOR CODE Estimated Volunbw ManMours 56-6000327 1 304438-5 18. GRANTEE GRANTEE DESCRIPTOR TYPE 19. APPROPRIATION NO 20. ACCOUNTING CLASS. CODE 4470103 . 87-74-4102- 172 01 21. TOTAL FEDERAL AMOUNT AWARDED PROJECT PERIOD s 148, 010.00 23. DS • FEDERAL ASSISTANCE AWARD DATA SYSTEM 22 i 2 ,775 AWARD COMPUTATION 34 920 A. Amount Previously Awarded Current Budget Period 0 r S. Amount of This Award : F. TOTAL i 59.695 C, Carry-over from Preceding CURRENT A110AMD BUDGET Budget Period S 1L Valwow &Wpm Exposis VeWetw Enwal lndirsd Cods D. Current Approved Budget: , 1. Federal Share IA, S. C + D.1.) s 243775.00 2 s 21,92 = 2,847 s 0 2. Non - Federal Share s 34 920.00 S s $ :. Total Approved Current Budget IDA and 2 -E) s 59 695.00 100 $ s A n17 = c,. ncmnnrw 25. ACCEPTANCE Data Signature of Authorized Official (rift) f6ewese oryanitabon) >CTION FORM A18.1 (Rev. B/Bt) �• ED MMDDYY By Dew 04 29 87 Grano O#kw Neil H. Phelps ACTION - Reg on IV . Page 1 of --I- ,�. r::r.• � �.`+.. +t- a`a \i..��.m.'�,:t »•!,: t e.. � t» oaf: .- -- It C ORGANIZATION Orange Qg-unty PART I — BUDGET PLAN DLUNTIER SUPPORT EXPENRIFIR -ANT No. 414u-4 /bb/ub 14, -NTEE PERSONNEL (F 4N1fES 111 121 Tin* 131 141 b I. AnnuW sals ly Sswnl an Taw Cost Coe Fun* Ne"sdwd N*mFo&t Poolect ReQuisted Meaurm III E xcrss; I 2ctor 2 4, 600 100 24,600 13,690 10,910 E::jBkOr/Sec 16,788 loo 16,788 8,238 8,550 r Study Student 1,013 40 405 -0- 405 )TAL PERSON -WLEXPENSES $ 4-2, 40-1 $ 41,793 WAGE BENEFITS 61826 21,928 i,-GAANTRE STAFF LOCAL TRAVEL r Rc)6 1 GRANTER STAFF LONG DISTANCE TRAVEL I-Q43 107 awl,meNT - 936� — 400 36Q ;PNTRACTUAL SERVICE 40 list": 87 Communkmions 522 87 320 522 32Q ID:RECT COSTS )I AL VOLUNTEER SUPPORT EXPENSES 51,658 21,928 29,496 234 WUNTHREXPIN89111 - - ---- :R40NNEL EXPENSES Illipande L'Yif%g Allowance fr4 of Sarvk* Mlowence F 6XW WW Lofting Allawerme 41'409 BENEFITS 80 80 — ----------- F ICA II �urrner 1,109 450 659 C.her: IAVEZ 3, 000 1,597 1,403 lUIPMENT JPPLIES )h TRACTUAL SERVICE 4,01 (Recc)gniticn) 3,848 800 3,048 TOTAL VOLUNTEER EXPENSES ----8,037 24847 5.190 I OTAL COSTS S i 1 _5g, 6gr 4,775 34,686 234 tRZENTA01 'Okirega aysaiwavu. ton 41.5 58 7e .5 616 Mftd Volunuse ww6cum: lstqtr--14-.I-O-002nd4t,-l4-t2—003,dqw 15,60 imqtrl4,200hftw- 1-77, M Fed. Cost —per 1. Hour § - 4_3 IP 475 2 of - 475 3* 475 4## 475 Aver.- -475" Fed ct/Vo1$52.16 PART II — CONDITIONS NEW AND CONTINUATION ACTION PROJECT GRANT AWARDS GRANT No. 440 - 4768/06 AMEND. NO. 0 6 t nis grant award, consisting of PART 1 - BUDGET PLAN and PART II - CONDITIONS, will be administered in accordance with the following documents hich are hereby Incorporated by reference: Grant Application dated 03_- 11__a7 _ as negotiated, Grants Management Handbook for Grantees, ACTION Handbook 2650.2. - I'It, 1 201 - t andiird I Cori i;; I (l't. ! f ti;.rr t !:.i l it l ac !Ic11 i Sponsor's Handbook 4405.92 ..' onditions Checked are Applicable to this Grant: © 6. Stipends cannot be reduced without prior written approval of ACTION. ] 1. The budget shown on Page 2 of this award provides a detailed budget breakdown of the grant award. All 117. Specific written approval for lease or purchase of expenditures shall be based upon this approved budget. vehicles is required by ACTION. 12. Request for funds will be submitted on Standard Form 270, "Request for Advance or Reimbursement" in an original and two (2) signed copies. (See Chapter 9 of ACTION Handbook 2650.2.) 1 ] 3. The executed copy of the "Notice of Grant Award" must be signed and returned by the grantee to the Grants Officer before any funds can be provided. Immediate return of the executed Notice of Grant Award copy and Request for Advance or Reimburse- ment will expedite the receipt of funds. C 4. Grantee will report quarterly disbursements on ACTION Form A-451 "Financial Status Report" in an original and two (2) signed copies within 30 days of the end of each fiscal quarter (June 30, September 30, December 31, March 31) and the final within 9O•days of the close of the grant budget period. (See Chapter 10 of ACTION Handbook 2650.2.) C! S. Grantees will submit an original and two (2) signed copies of Standard Form 272, Federal Cash Trans- actions Report, no later than 15 working days follow- ing the end of each quarter, (See Chapter 10 ACTION Handbook 2650.2.) 11. The Grantee shad be entitled to reimbursement for costs incurred on or after which if incurred after this grant has been entered into would have been reinbursable utxler the toms of this grant. 1.1 12. At property and equipment purchased urxier grant s _ is to be trnnsferrr-d to this grant. A, rION Form A -16 (Rev. 8181) Page 3 of O 8. The grantee's authorization to purchase a vehicle is limited to a(n) (insert type) vehicle. The purchase price shall not exceed $ iZ 9. Unexpended funds from prior budget period should be applied to reduce the amount of the first advance. The amount of the unexpended balance and the computation of how it will be applied should be explained on the "Request for Advance or Reim- bursement", Standard Form 270. 11 10, The ACTION Project Manager for this grant is Robert: Winston (tee) —Raleigh-.- NC ,telephone number (office) 1 9) §56-4731 . The Project Manager has full authority to represent ACTION in connection With management of the technical and programmatic performance of the grant. He /She is not authorized to change the terms and conditions, estimated costs, or period of performance, or to give approvals, written or verbal, specifically reserved for the Grants Officer. 13. Recipients shall maintain advances of Federal funds in interest bearing accounts. Interest earned on ACTION Federal advances deposited in such accounts shalt be remitted p1,*pptty, but at least quarterly, to ACTION. Interest amot!nts'of up to $100 pvr year May be retained by the recipient for administrative expense. 0611 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 16, 1987 SUBJECT: BUDGET AMENDMENT DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): Proposed Budget Amendment PUBLIC HEARING: Yes x No INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: Consideration of proposed budget amendment. BACKGROUND: The Department of Social Services has received a grant from Triangle J Council of Government. These funds will be used to administer the respite care program. The additional funds to be budgeted total $4,081. The grant amount totals $3,571 with the remaining $510 (currently budgeted County funds) will be transferred from the Title XX program. RECOMMENDATION(S): Approve motion to amend 1986 -87 Budget ordinance by the proposed amendment. 0 6 Ib ORANGE COUNTY PROPOSED 1986 -87 BUDGET- AMENDMENT The 1986 --87 Budget Ordinance as adopted on July 23, 1987, and subsequently amended, is hereby amended as follows: General Fund Before Amendment Amendment After Amendment Appropriation: Social Services $3,515,974 $3,571 $3,519,545 Source: Respite Care 0 3,571 3,571 To accept Respite Care Grant Approved this 16th day of June, 1987. 066 ORANGE COUNTY BOARD OF COMMISSIONERS Action A'ends ACTION AGENDA ITEM ABSTRACT Item No. roo Meeting Date: Tuesday, June 16, 1987 - SUBJECT: u orization to sulanit the RSVP Literacy Grant DEPARTMENT: PUBLIC HEARING: Yes X No De xt artment on Agir2 _ K Hue Ext . 280 ATTACHMENT(S): N/A INFORMATION CONTACT: TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 958 -4501 Mebane - 227 -2031 Durham - 588 -7331 PURPOSE: To consider authorizing the submission of the RSVP application to Laubach Literacy Action for a RSVP Literacy Grant in the amount of $5,000. This would be at no cost to Orange County and is part of a national competition. If funded, a part -time program coordinator would be hired to focus attention on Northern Orange County, basically recruiting for the literacy program but also identifying other areas of volunteer interest. BACKGROUND: One of RSVP's National Program Emphasis Areas is literacy, an activity which is primarily Tutorial in focus. This grant would give RSVP the opportunity to make a significant difference in addressing the high levels of illiteracy in Orange County. There are approximately 5,000 functionally illiterate adults in this area alone. It has been proven that the children of illiterate families are much more likely to remain illiterate themselves. In order to help break this cycle of non - reading RSVP would like to work towards 60+ teaching 60 +. This RSVP project is designed - to work closely with other community agencies such as the Orange County Literacy Council and the Orange County Public Library. There would be a projected 25% increase in the number of student/ tutor pairs working on a 1 -to -1 basis to achieve reading goals in Orange County. .RECOMMENDATION(S) : Approve submission of grant application. 070 ORANGE COUNTY BOARD OF COMMISSIONERS Action A ends Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 16, 1987 SUBJECT: LEASE AGREEMENT EXTENSION FOR THE OLD CHAPEL HILL POLICE BUILDING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S): UNDER SEPARATE COVER INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732 --8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: To request a lease extension of sixty days for the Old Chapel Hill Police Building. The lease expires July 12, 1987 and sixty days will be needed to complete renovations to a building which we are contemplating leasing. BACKGROUND: A search for space to house agencies located within the Old Police Building has been mounted for the past two months. A location of such a building close to the Court facility in the Post Office Building has not been found. A building away from the area has been located and a lease agreement will be coming to the Board of Commissioners on July 6 meeting. Renovations of this building will be necessary and will take place within sixty days. RECOMMENDATION(S): Approve lease with new expiration date of September 12, 1987. u7-1- ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No.__F ACTION AGENDA ITEM ABSTRACT MEETING DATE June 16, 1987 Subject: SPECIAL MEETING IN EXECUTIVE SESSION Department: BOARD OF COMMISSIONERS Public Hearing: Yes X — no Attacbments: Information Contact: NONE Shikragy E. Mtrshall Phone Numbers; T 068- 501. 2Zr-02'31 PURPOSE: To schedule a special meeting of the Board of Commissioners for July 1, 1987 at 8:00 p.m. in the Board of Commissioners' Room to go into Executive Session to consider a personnel matter. RECOMMENDATION: Schedule a special meeting for July 1, 1987,8:00 p.m. in the Board of Commissioners' Room to go into Executive Session to consider a personnel matter. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE JUNE 16, 1987 072 ACTION AGENDA ITEM NO. DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES —X —NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 497 CONTRACT PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To consider approval of a contract between Orange County and Crain and Denbo, Inc. for the purpose of constructing a spillway flashboard system at Lake Orange. BACKGROUND: The Board of County Commissioners awarded the bid for this project at their June 1, 1987 meeting. Pursuant to general statute the Commissioners must now approve and authorize the Chair to sign the contract. RECOMMENDATION: Approve the contract with Crain and Denbo, Inc. in the amount of $21,978.00, for construction of a spillway flashboard system at Lake Orange; and authorize the Chair to sign on behalf of the Board. FORM OF CONSTRUCTION CONTRACT (ALL PRIME CONTRACTS) THIS AGREEMENT, made the 16th day of June in the year of 19 87 by and between Crain and Denbo, Inc., Durham, NC 27704 hereinafter called the Party of the First Part and the County of Orange, North Carolina, hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided - by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Specifications, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power, of Attorney, Workmen's Compensation, Public Liability, Property Damage ad Builder's Risk Insurance Certificates, and Drawings, entitled Lake Orange Spillway Flashboard System: Consisting of the following sheets: (1) Cover Sheet, (2) Plan & Sections, (3) Miscellaneous Dated: February 28, 1987 and the following addenda: Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Addendum No. Dated Dated Addendum No. Dated Addendum No. Dated 2. That the Party of the First Part shall commence work to be performed under this Agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within sixty (60) consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in General Conditions., The Party of the First Part, as one of the considerations for the awarding of this Contract, has furnished to the Party of the Second Part a construction schedule setting forth planned progress of the building broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Party of. the First Part, or in the event the work is not completed within the time above specified, the Party of the Second Part may upon fifteen (15) days notice, sent by Registered Mail# to the Party of the First Part and his Surety, declare this Contract in default, and, thereupon, such Surety shall promptly FOCC -1/3 take over the said work and complete the performance of this Contract in the manner and within the time above specified, and all funds due or to become due to the Party of the First Part shall be. paid to the Surety. In the event the Surety shall fail to take over the work to be done under this Contract within fifteen (15) days after being so notified and notify the Party of the Second Part in writing, sent by Registered Mail, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have the right to let the work remaining to be done to some other Contractor, either by public letting or negotiation, and thereupon the Party of the First Part, the Contractor, and the Surety on his Bond shall forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain on account of such default on the part of the Party of the First Part. 3. The, Party of the Second Part hereby agrees . to pay to the Party of the First Part for the faithful performance of this Agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: twen one thousand nine hundred seven eight dollars ($21.,978. _ Summary of Contract Award:. Lake Orange Spillway Flashboard System 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%). of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this Agreement and until such work ,has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50% of the work has been satisfactorily completed on schedule as referred to in Article 30 of`the General Conditions. 5. Upon submission by the First Party of evidence satisfatory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work has been paid in full, final payment on account of this Agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance, the Second Party shall deem the Surety or Sureties upon such Bond to be unsatisfactory, or if, for any reason, such Bond ceases to be FOCC --2/3 adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional Bond or Bonds in such form and amount and with such Surety or Sureties as shall, be satisfactory to the Second Party , . In such event no further payment to the First Party shall be deemed to be due under this 'AgFeement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second party. IN WITNESS Agreement on five (5) or accounting Contract. Witness: WHEEOF,, the Parties hereto have executed this the day 'and date first above written in counterparts, each of which shall without proof for other counterparts, be deemed an original (R;P--rief&i7ihip or Partnership Crain and Denbo, Incorporated Contractor: (Trade o rporate By: H. S. Crain, Jr. 01 Attest: (Corporation) Title: President (Owner, Partner.. or Corp. Pres. or vice Pres. only) BY: - AGCZ E. E M. Denbo5-Zx--J Title: Secretary Corp. Sec. or AssIt. Sec. only) (CMUKRATE SEAL) Orange County Board of Commissioners Witness: By: Title: FOCC-3/3 FORM OF CONSTRUCTION CONTRACT (ALL PRIME CONTRACTS) THIS AGREEMENT, made the 16th day of June in the year of 19 87 by and between Crain and Denbo, Inc., Durham, NC 27704 hereinafter called the Party of the First Part and the County of Orange, North Carolina, hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Specifications, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's Compensation, Public Liability, Property Damage ad Builder's Risk Insurance Certificates, and Drawings, entitled Lake Orange Spillway Flashboard System: Consisting of the following sheets: (1) Cover Sheet, (2) Plan & Sections, (3) Miscellaneous Dated: February 28, 1987 and the following addenda: Addendum No. Dated Addendum No, Dated Addendum No. Dated Addendum No. � Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum Dated 2. That the Party of the First Part shall, commence work to be performed under this Agreement on a date to be specified in a written order of the Party of the .Second Part and shall fully complete all work hereunder within sixty (60) consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as' stated in General Conditions.. The Party of the First Part, as one of the considerations for the awarding of this Contract, has furnished to the Party of the Second Part a construction schedule setting forth planned progress of the building broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Party of the First Part, or in the event the work is not completed within the time above specified, the Party of the Second Part may upon fifteen (15) days notice, sent by Registered Mail, to the Party of the First Part and his Surety, declare this Contract in default, and, thereupon, such Surety shall promptly FOCC -1/3 take over the said work and complete the performance of this Contract in the manner and within the time above specified, and all funds due or to become due to the Party of the First Part shall be paid to the Surety. In the event the Surety shall fail to take over the work to be done under this Contract within fifteen (15) days after being so notified and notify the Party of the Second Part in. writing, sent by Registered Mail, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have the right to let the work remaining to be done to some other Contractor, either by public letting or negotiation, and thereupon the Party of the First Parts the Contractor,, and the Surety on his Bond shall forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain on account of such default on the part of the Party of the First Part. 3. The - Party of the Second Part hereby agrees - to pay to the Party of the First Part for the faithful performance of this Agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: twenty one thousand nine hundred seventy eight dollars Summary of Contract Award:- Lake.Orange Spillway Flashboard System 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this Agreement and until such work ' has been accepted by the Second Party. The Second Party -may elect to waive retainage requirements after 50% of the work has been satisfactorily completed on schedule as referred to in Article 30 of'the General Conditions. 5. Upon submission by the First Party of evidence satisfatory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work has been paid in full, final payment on account of this Agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance, the Second Party shall deem the Surety or Sureties upon such Bond to be unsatisfactory, or if, for any reason, such Bond ceases to be FOCC-2/3 adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional Bond or Bonds in such form and amountiand with such Surety or Sureties" as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS WHEEOFr the Parties hereto have executed this Agreement on the day 'and date first above written in - five (5) counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original Contract. Witness: Crain and Denbo, Incorporated Contractor-.-(Trade o rporate N By: Proprietorship or Partnership) 4F H. S. Crain, Jr. Attest: (Corporation) Title: President (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: E. Denbo5,ar—J Title:. Secretary 73-15. sec. or Ass, t. sec. only) (CORPORATE SEAL) Witness: Orange County Board of Commissioners By: Title: FOCC-3/3 Position 5 USDA -FHA Form FHA 442 -22 OPINION OF COUNSEL RELATIVE TO RIGHTS --OF --WAY (Rev. 5- 15 -72) Date June 16, +' Dear Sir; I have reviewed the action taken by Orangg County . North Carolina (hereinafter called the "Corporation ") in obtaining a right -of -way for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged with the proceeds of a loan made or insured by, and /or a grant from the Farmers Home Administration to the Corporation. I have examined the right -of -way instruments, permits, or licenses obtained from landowners, public bodies, and public utilities and made such searches of the public records necessary to determine the legal sufficiency of the instruments covered by the "Right -of -way Certificate," executed by the Corporation on June 16 19 -2-7. I also have examined the "Right-of-way Map" to determine whether continuous and adequate land and rights -of -way are owned or have been acquired by the instruments covered in the "Right- of -way Certificate." Based on the foregoing examination, and to the best of my knowledge, information, and belief, I am of the opinion that: A. The legal instruments by which the Corporation has acquired said rights -of -way (a) are in appropriate and due legal form and adequately confer upon the Corporation the necessary rights -of -way for the construction, operation, and maintenance of its facilities in their present or proposed location, and such omissions or defects as may exist will in no substantial way or manner endanger the value or operation of the facilities, and (b) have each been properly recorded in the appropriate public land records of each County in which any of the land affected thereby is situated. Such consents, releases, or subordinations from lienbolders recommended by me or required by the Farmers Home I Administration have been obtained. B. The legal instruments referred to above give unto the Corporation a continuous and adequate right -of -way to permit the construction, operation, and maintenance of the Corporation's facilities except as below noted. C. Exceptions: 1. EaseTent across of property awned by Davan Hol.tr Jr. r a minor. A Copy of an easement docLnent conveying the necessary right-of- way to Orange County is attached hereto and incorporated herein by reference. Davan Holt, Jr. is a minor. His natural father has applied for guardianship and will seek authorization from Orange County Clerk of Court to execute the easement on behalf of Davan Holt, Jr. Davan's father, Davan Holt, Sr., believes it is in the best interest of Davan Holt, Jr. to convey the easement in question to Orange County. Y anticipate the easement will (continued on next Very truly yours, * U.S. G.P.O. 1977- 765 - 006/1640 RFG."6 FHA 442 -22 (Rev. 5- 15 -72) w_= OPINION OF COUNSEL RELATIVE TO RIGHTS- OF -WAY Exceptions Attachment June 16, 1987 Page 2 be acquired by Orange County on or before August 1, 1987. 2. Easement across property owned by Duke University. A copy of an easement document conveying the necessary right -of -way to Orange County is attached hereto and incorporated herein by reference. The Board of Directors of Duke University has author- ized the execution of the easement. Negotiations regarding the cost to Orange County for the easement are essentially complete and are being handled on a staff level. Should the cost ultimately demanded by Duke University not be acceptable to Orange County, a condemnation action will be filed on or before July 15, 1W, which filing will vest title in the right -of -way in Orange County on that Date. 3. Any reservations or restrictions contained in any North Carolina Department of Transportation, Town of Hillsborough or Southern Railway encroachment agreement. - d . UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 442 -21 FARMERS HOME ADMINISTRATION (Rev. 7 -6-70) RIGHT -OF -WAY CERTIFICATE The undersigned, ra e p hereby certifies except as noted in item 4 below: 1. That the undersigned has acquired and presently holds continuous and adequate rights -of -way on private lands needed for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged with the proceeds of a loan made or insured by, and /or a grant from, Farmers Home Administration and such omissions, defects, or restrictions as may exist will in no substantial way or manner endanger the value or the operation of the facilities. 2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other instruments by whatsoever name designated, from public utilities and public bodies, commissions, or agencies authorizing the construction, operation, and maintenance of the facilities upon, along, or across streets, roads, .highways, and public utilities. 3. That the attached "Right -of -way Map" shows the location and description of all land and rights -of -way acquired by right of use or adverse possession and by legal conveyances such as tight-of-way or easement deeds, permits, or other instruments, 4. Exceptions: 1. Easement ent across property owned by Davan Holt, Jr., a minor. A copy of an easement docent conveying the necessary right -of -way to Orange County is attached hereto and incorporated herein by reference. Davan Holt, Jr. is a minor. His natural father has applied for guardianship and will seek authorization frcan the Orange County Clerk of Court to execute the easement on behalf of Davan Holt, Jr.. Davan's father, Davan Holt, Sr, believes it is the best interest of Davan Holt, Jr. to convey the easement in question to Orange County. I anticipate the easement will be acquired, by Orange County on or before August 1, 1987. 2. Easement across property awned. by Duke University. A copy of an easement document conveying the necessary right- of-way to Orange County is attached hereto (continued on attached. sheet) IN WITNESS WHEREOF, applicant hereunto affixes its name and corporate seal this 16 day of June , 19 87 . Attest: - —, , j /�� ",/.. � (Clerk o the Boar (Affix Corporate Seal Here) U—§. G.P.O. 1°87¢- 765 - 006/1509 REG -#6 orange County,, North Carolina By Title Chair Orange County Board of Commissioners - FHA 442 -21 (Rev. 7 -6-70) RIGHT -OF -WAY CERTIFICATE Exceptions Attachment June 16, 1987 Page 2 and incorporated herein by reference. The Board of Directors of Duke University has authorized the execution of the easement. Negotiations regarding the cost to Orange County for the easement are essentially complete and are being handled on a staff level. Should the cost ultimately demanded by Duke University not be acceptable.to Orange County, a condemnation action will be filed on or before July 15, 1987, which filing will vest title in the right -of -way in Orange County on that date. 3. Any reservations or restrictions contained in any North Carolina Department of Transportation, Town of Hillsborough or Southern Railway encroachment agreement. UNITED STA'T'ES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Devon Holt,jr. (single) hereinafter referred to as GRANTOR, by Orange County, North Carolina, 106 Margaret Lane, Hillsborough, N.C. 27278, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant, bargain, sell, transfer, and convey unto the GRANTEE, its successor and assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove a sanitary sewer collection system, including all appurtenances and apparatus related thereto over, across, and through the land of the GRANTOR situate in Orange County, State of North Carolina, said land being described as follows: all of the property of the grantor described in the instru- ment recorded at Book 255 , Page 1465 of the Orange County Registry. together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, for the pur- poses of this easement. The easement shall be twenty (20) feet in width, the center line of which is described as follows: Beginning at a CONTROL POINT, North Carolina State Plane Coordinates N(y) - 848,675.95 , E(x) = 1,945,519.68, Sta- tion 39 +43.21 , hence from said point S 52 deg. 57' 44" W 195.89 feet to MH 1A18, Station 41 +39.10 , hence from said manhole S 39 deg. 26' 56" W 120.07 feet to MH 1A19, Station 42 +59.17 , hence from said point S 17 deg. 03' 04" W 11.94 feet to and ending at a CONTROL POINT, North Carolina State Plane Coordinates N(y) = 848,453.83 , E(x) = 1,945,283.53, Station 42 +71.11 as shown on plat of sur- vey entitled Easement Acquisition Survey, Efland Cheeks Township Sanitary Sewer Facilities, Sheet No. 4 , dated Nov., 1985 , prepared by Robert L. Newcomb, III, RLS, which plat is recorded at Plat Book 46 , Page 95 , Orange County Registry. There is also conveyed to the GRANTEE a construction easement forty (40) feet wide, the center line of which is described above. The consideration hereinabove recited shall constitute pay - ment in full for any damages to the land of the GRANTOR, his suc- F, censors and assigns, by reason of the installation, operation, and maintenance of the structures or improvements referred to herein. The GRANTEE covenants to maintain the easement in good repair SO that no unreasonable damage will result from its use to the adjacent land of the GRANTOR, his successors and assigns. The grant and other Provisions of this easement shall con- stitute a covenant running with the land for the benefit of the GRANTEE, its Successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this instru- ment this - day of , 19 DEVON HOL , JR. (SEAL) (SEAL) NORTH CAROLINA COUNTY I, . a Notary Public for said County and State, do hereby certify that , Devon Holt, Jr. per- sonally appeared before me this day cl acknowledged the due ex- ecution of the foregoing instrument. Witness my hand and official seal, this day of -, lg—. Notary PUG!i6 (Official Seal) MY commission expires: CV ADMTNT.7'CRATION .-c; RIGHT -OF -WAY EASEM];NT t� 0 KNOW ALL MEN 13Y THESE PRESENTS 0 That in consideration of One Dollar ($1.00) and other gaac and valuable consideration paid to _ Vanessa Cobb Holt Hunter and husband, Roosevelt Hunter; and Devon_ Holt, Jr. (single), x hereinafter referred to as GRANTOR, by +Orange County, Nor;."- Carolina, 106 Margaret Lane, Hillsborough, N.C. 27278, hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant, bargain, o sell, transfer, and convey unto the GRANTEE, its successor and .w assigns, a perpetual.easement with the right to erect, construct, �4 install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove a sanitary sewer collection system, including all appurtenances and apparatus related thereto over, across, and through the land of the GRANTOR situate in Orange C) County, State of North Carolina, said land being described as ,-a follows: �i � all of the property of the grantor described in the instru- ment recorded at Book 119 , Page 296 of the Orange County Registry. rd ra together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, for the pur- poses of this easement. 0) 0) The easement shall be twenty (20) feet in width, the center 44 44 line of which is described as follows: w 44 eo Q) Beginning at a CONTROL POINT, North Carolina State Plane Coordinates N(y) = 848,675.95 , E(x) = 1,945,519.68, Sta- tion 39 +43.21 hence from said point S 52 deg. 57' 44" W >,0 195.89 feet to MH 1A18, Station 41 +39.10 , hence from A _' said manhole S 39 deg. 26' 56" W 120.07 feet to MH 1A19, 'c c Station 42 +59.17 hence from said point S 17 deg. 03' � � 04" W 11.94 feet to and ending at a CONTROL POINT, North aai Carolina State Plane Coordinates N(y) = 848,453.83 E(x) r a) z 1,945,283.53, Station 42 +71.11 as shown on plat of sur- p, s vey entitled Easement Acquiition Survey, Efland Cheeks -0 Township Sanitary Sewer Facilities, Sheet No. 4 w , dated Nov., 1985 , prepared by Robert L. Newcomb, III; RLS, o which plat is recorded at Plat Book 46 , page 95 , Orange County Registry. There is also reserved to e GRANTEE a th _P construction easement forty (40) feet wide, the center line of which is described above. The consideration hereinabovo recited shall constitute pay - ment in full for any damages to the land of the GRANTOR, his suc- cessors and assigns, by reason of the installation, operation, C illf] 111.7111!_f?Ilallc'l1 c ?[ Lily :i! -t ui i_ur 17:3 C-) r ! iilE)l 1.1 \' `11111111 S 1 t 'r r her. t.in. Tho GkANT1 :J 1; t c >J.'tlt];�E.; to Intl l lltf,; 111 tl:K' 1�,1;3�1111 ±11L � r1 i ' rel�ait. :�o that no unr 2._lscalll l�= dairiagc rill ro}; llt [r17n1 i!_�; the adjacent land of Lhe c,`itANTUR, his suc(,f ?s.,jrs avid .71 ;;sil:ll "1S The grant and other provisions of this easement- shay_ c)::— stitute a covenant running with the land for the benefit of tn- GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this instru- ment this day of (SEAL) VANESSA COBB HOLT HUNTER ' !t___ (SEAL) ROOSEVELT HUNTER DEVON HOLT, JR. NDIZT-H CAR=iMMA C S COUNTY r. I• ct114zC , a Notary Public for said County and State, do he eby certify that Vanessa Cobb Holt Hunter per- sonally appeared before me this day and acknowledged the due ex- ecution of the foregoing instrument. Witness my hand and official seal, this / day of LA-L -1 �, 19a. �?�• r... Notar Public (Official Seal) STEPHANIE A. WANNER Notary Public..'' -,'^ of New York No. 24.A373702 My commission expires: Qualified in Kings County C,orrlmission Expires Sept. 22, 1WO Ci /G If ! r_ nmu GARO _I-R ' COUNTY a Notary Public for said County and State, do "he-eby certify that Roosevelt Hunter per appeared before me this day and acknowledged the due ex- ecution of the foregoing instrument. 'VI i t 11 ('s y (official Seal) I I) (. i () f, f I (- i 'I I , .1 , I 1 0 t ) y )I Notary Public STEPHANIE A. WANDER Notary fthli(-, of New York N,,), ?1-.'7?702 Qualified in ✓�-i- C'-.'LI1Ity My commission expires: Commission Expires Supt. 22. 1988 r COUNTY Notary Public for said County and State, do hdreby certify that Devon Holt, Jr. personally appeared before me this day and acknowledged the due execution of the foregoing instrument. witness my hand and official seal, this day of 19 Notary 1, C (Official Seal) STEPHANIE A. WANDER Notary Public. State of New York No. 24.4M702 My commission expires: Qualified in Kings County Commission Expires Sept. 22.1988 UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION RIGHT -OF -WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That in consideration of One Dollar ($1.00) and other good and valuable consideration paid to Duke University, Inc. , hereinafter ref �rred to as GRANTOR, by Orange County, North Carolina, 106 Margaret Lane, Hillsborough, N.C. 27278, �hereinafter referred to as GRANTEE, the receipt of which is SQL hereby acknowledged, the GRANTOR does hereby grant, bargain, sellt transfer, and conve un w to the GRANTEE, its successor and ��1 assigns, a perpetual easement with the right to erect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove a sanitary sewer collection system, including all appurten races and apparatus related thereto over, across, and through % Land of the GRANTOR situate in Orange County, State of North Carolina, fellews t­ TA 60 POSP664"imef -the- .9me. r ^described in the instru- ment recorded at Plat Book 43 , Page 83 of the Orange County Registry. together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, for the pur- poses of this easement. The easement shall be twenty (20) feet in width, the center line of which is described as follows: Beginning at a CONTROL POINT, North Carolina State Plane Coordinates N(y) = 849,033.11 , E(x) = 1,9580335.63, sta- tion 112 +83.34 and ending at a CONTROL POINT, North Carolina State Plane Coordinates N(y) = 848,893.71 , E(x) = 1,958,753.81, Station 117 +35.74 as shown on plat of survey entitled Easement Acquisition Survey, Efland Cheeks Township Sanitary Sewer Facilities, Sheet No. 15 , dated Nov., 1985 ,prepared by Robert L. Newcomb, III, RLS, which plat is recorded at Plat Book , Page,, Orange County Registry. There is also conveyed to the GRANTEE a construction easement forty (40) feet wide, the center line of which is described above. The consideration hereinabove recited shall constitute pay - ment in full for any damages to the land of the GRANTOR, his suc- cessors and assigns, by reason of the installation, operation, and maintenance of the structures or improvements referred to herein. The GRANTEE covenants to maintain the easement in good repair so that no unreasonable damage will result from its use to - - the adjacent land of the GRANTOR, his successors and assigns. The grant and other provisions of this easement shall con- stitute a covenant running with the land for the benefit of the GRANTEE, its successors and assigns. IN WITNESS WHEREOF, the GRANTORS have executed this instru- ment this day of 19 DUKE UNIVERSITY, INC. (CORPORATE SEAL) ATTEST: Secretary NORTH CAROLINA COUNTY By: (SEAL) President I, - a, Notary Public for said County and State, certify that personally came before me this day and acknowledged- that he/she is of Duke University, Inc., a corporation, and that By authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its s ealed with its corporate seal, and attested by himsel? /herself ' as its Witness my hand and official seal, this the day of • 19 (Official Seal) Notary Public_� MY commission expires: .r 07, ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AG ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE June 16, 1987 SUBJECT: Contract Approval; Efland Sewer Project DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ATTACHMENT(S): INFORMATION CONTACT: PAM JONES EXT 497 PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688-7331 PURPOSE: To consider approval of a contract between orange County and Lanzo Construction Company for the purpose of constructing the Efland Sewer. BACKGROUND: The Board awarded the bid for this project at a special meeting June 8, 1987. Pursuant to General Statute the Commissioners must now approve and authorize the Chair to sign the contract. This contract reflects the award of the Base Bid and Alternate A, ($1,192,395) and Alternate D ($65,650) for a total contract amount of $1,2581045. Lanzo Construction will sign and deliver the document on Monday, June 15• The County Attorney will review the document ahead of the Tuesday night meeting and attach a Farmers Home Right -of -Way Certification for the Board to adopt as part of the contract. Farmers Home approval must follow County approval. RECOMMENDATION: 1-Approve the contract with Lanzo Construction Company in the amount of $1,258,045, for construction of the Efland Sewer; and authorize the Chair to sign on behalf of the Board. 2. Adopt a right -of -way certification as presented at the meeting by the County Attorney. Fos r � APR i r" 0 R- A N G E C O U N T Y 08i BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date 7 Action nda Item SUBJECT: POLICY - APPLICATION OF SECTION III -D -4 -a OF THE SUBDIVISION REGULATIONS ACTION BY: June 16, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes _X No ATTACHMENT(S): INFORMATION CONTACT: Marvin Collins Section IiI -D -4 -a - Subdivision Regulations Section V - Subdivision Regulations TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: Consideration of a policy for applying the provisions of Section III -D -4 -a of the Subdivision Regulations to major subdivisions. BACKGROUND: Section III -D -4 -a of the Subdivision Regulations outlines the procedures for preliminary subdivision plat approval. Among the procedures is the following requirement: "In cases where the completion and development of the subdivision would require permits granted by an agency, that agency shall officially approve by C_ertific.Ate or permit the subdivision proposal." Agencies which review preliminary plats for major subdivisions include NCDOT, public water /sewer providers, the N.C. Division of Environmental Management, the N.C. Division of Health Services, local school boards, the Soil and Water Conservation Service, and Planning and Health Departments, including Erosion Control. Since the adoption of the Subdivision Regulations countywide In 1978, preliminary subdivision plats have been approved without all certifications or permits as required by Section III- D -4 -a. This procedure has been used for the following reasons: 1. Some agencies do not respond to requests for comment and /or approval or do not have adopted plans on which to base comments and /or approvals. 082 . Some agency procedures do not permit comment and /or approval unless formal application is made for a permit, requiring detailed construction drawings and engineering specifications. 3. Section V of the Subdivision Regulations requires that plans and specifications for improvements be approved by all applicable agencies prior to final plat approval. 4. Some agencies have established two -step approval procedures, granting approval of preliminary plans first, followed by final approval upon submission of detailed construction plans. 5. Applicants are reluctant to expend funds for detailed construction plans and specifications until preliminary approval is obtained of the subdivision design and service concept. To address the absence of required certifications or permits, conditions have been attached to the approval of the preliminary plats which required the applicants to secure the necessary permits prior to approval of the final plat. This procedure has worked well, and applicants have complied with the imposed conditions. Recently, the County Attorney has emphasized the need to amend the Subdivision Regulations to make the ordinance provisions consistent with actual practice. The proposed policy would allow preliminary plats to be approved with conditions while necessary amendments were drafted and presented for consideration. At a special meeting on June 9, 19871 the Planning Board recommended approval of a policy which would permit preliminary subdivision plats to be approved without required certifications or permits; provided, however, agency comments and /or recommendations with regard to preliminary plats must still be obtained, and, as a condition of approval, required certifications or permits must be obtained from each applicable agency prior to submission and approval of the final subdivision plat. The Planning Board also recommended that the Planning Staff be directed to prepare an amendment to the Subdivision Regulations which provides consistency between ordinance provisions and actual approval procedures. RECOMMENDATION: The Manager recommends approval of the proposed policy and request for Planning Staff assistance as recommended by the Planning Board. U8 III - D - 4 - a. PRELI*SITTARY PLAN APPROVAL Information and such checklists as may be developed shall be presented by the Planning Department with the Preliminary Plan pertaining to land suitability, along with comments and certification of reviewing agencies, and other information required by this ordinance. Review agencies shall make recommendations or certification to the Planning Board on the basis of the suitability, provisional suitability, or unsuitability of the proposal. Where it is determined that to make the Proposal suitable, alternate measures are available to the subdivider, "provisional suitability" shall be recommended. If agency approval is withheld for this reason, the agency shall state in what respects it is Provisionally suitable and recommend measures, where possible, to make the proposal suitable. Only when no alternatives are available, shall "unsuitability" be recommended. The agency shall state in what respects the proposal is unsuitable. In cases where the ment of the su ranted an a officially astir letion and develo ton would requi _that aQe,�c� sh __certificate or rMts 1.114✓ suvalvislon rlTlit Proposal. The review and certification process shall include, but not be limited to the following agencies who shall submit their findings, recommendations, and certificates in writing to the Planning Board. The Following agencies shall review and certify within their area of responsibility: 1• The District Engineer of the N. C. De artment of Trans ortation shall review as to the proposed publicly dedicated streets, highways, and drainage systems as they affect such streets and highways. The Planning Department shall review and certify as to Private roads pursuant to standards set forth in this ordinance. 2. The Health Department shall review and certify as to the pr posed water and sewage systems. 000' 3. The Board of Education of the appro Priate school district shall review and certify as to proposed schools sites. -15- a q ` 4. The Orange Soil and Water Conservation District shall review and certify as to a general soils description and interpretation. Ik 5. The Erosion Control Officer shall review and certify as to sediment control and storm water management. D - 4 - b. The Planning Board shall consider areas and conditions described in the Land Suitability Section of this ordinance. and the manner in which the proposed subdivision manages them. The subdivider may he required to demonstrate how potential problems have been avoided or the impacts of development minimized by the use of mechanical devices, arrangement of lot lines, buffer strips, large lots, or any other appropriate technique;. When the Board determines that additional information is necessary, it may withhold further consideration of the proposal until the Specified agency or technical committees, or individual has furnished such information, provided, however, in no event shall the Board withhold consideration beyond the eighty -five (85) day review time permitted by Section III - -D - 1. III - D - 4 - c. After reviewing the proposal and the reviewing agencies recommendations, the Planning Board shall recommend approval, approval with conditions, or disapproval of the subdivision proposal. No proposal may be recommended for approval or approval with conditions without consideration by the Board of the findings, recommendations, and certificates, where required, of all reviewing agencies. If the Board recommends conditional approval or denial of the proposal, the reasons shall be stated in writing to the developer and entered into the minutes of the Board. If conditional approval or denial are recommended, the subdivider may make changes and submit a revised plan which shall be submitted, reviewed, and acted upon pursuant to this section. When in the judgment of the Planning Board, required changes do not necessitate another complete review pursuant to this section it may specify which agencies shall review any preliminary plan revision, and where appropriate, it may waive its own review of plan revisions. Amended Effective (January 17, 1979) *Amended 2 -3 -86 J D - 4 -d- The Board Of County Commissioners shall review the proposal, including the Planning Board action, and shall approve approve with conditions, or disapprove the 'proposal. If the Board approves with condition � he s or disc pproves p e proosal the reasons shall be stated in writing to the developer and entered into the minutes of the Board. *Amended Effective (January 17. 1979) arm ti a SECT 1 irl ► Before a final plat of a subdivision shall be approved, improvements shall _be `___ ed as follows, or a security bond, or cash, or a satisfactory, Irrevocable letter of credit by an approved Institution and as approved by the Orange County Attorney shall be posted with Orange County by the subdivider to provide for the completion of the required improvements. Where a neighborhood or homeowners association or similar legal .entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval, the subdivider shall file with the Planning Department and record with the final Plat, a declaration of covenants and restrictions, articles of incorporation, where required, and /or by -laws as approved by the County Attorney that will govern the maintenance and control of such Improvements. Provisions shall Include but not be limited to the following: (a) The association shall be established before any homes are sold and any building occupied; (b) Membership shall be mandatory for each home buyer and all successive buyers; (c) The association shall be responsible for the liability insurance, local taxes and maintenance of recreation and other facilities, including streets and utility lines; (d) The homeowners must pay their pro rate share of the costs, and any sums levied by the association that remain unpaid shall become a lien on the individual homeowners property which shall be subordinate only to tax and mortgage liens; (e) If -a I I or any portion of the . property held by the association I- be disposed of, or if tife association is dissolved, adequate recreation space shall be deeded to Orange County or the appropriate unit of local government to satisfy the requirements for public recreation space under Section IV -B -7 -b of this Ordinance; -67- (f) The owner of each dwelling unit or lot U shall have voting rights In the association; and (g) The homeowners association shall be able to adJust any assessments to meet changed needs. Where articles of incorporation are required, they shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and, upon filing, a copy of the articles of incorporation shall be provided to the Planning Department. V -A 010, STREETS V -A -1 sr� i nn jLtd Pay t_ng Street rights -of -way shall be graded in accordance with the lines and grades shown on the approved Preliminary Plan and in accordance with the requirements of this Ordinance and the N.C. Department of Transportation. V -A -2 Proposed ImpcQygments Improvements proposed by the subdivider or required by this Ordinance, such as street pavement, curb and gutter, and sidewalks, shall be constructed in accordance with the standards and requirements as provided in this Ordinance, provided that where said 10. Improvements are to be constructed subsequen to the _approval of the Final Plat, plans and specifications_ for said improvements shall be approved b the a pro riate agency and reference to said Improvements shall be made a part of the Final Plat as provided in Section 1 -3 -d herein. -68- use V - B. STORM WATER MANAGEMENT V B - 1. it shall be the responsibility of the subdivider to provide a design which shall meet the following objectives. A) Provide a suitable building area on each lot which is safe from inundation and erosion. *B) Protect the characteristics and capacity of natural drainage ways, and encourage reliance on natural drainage ways or the removal of runoff by preventing their impoundment, except where there may be a site for intentional storm water detention. C) Prevent natural runoff levels from sub -'. stantially increasing by insuring that the runoff from the 10 year storm on the developed site shall not be greater than the rate of runoff on the same site in a natural condition. D) Prevent inundation of surface water into sanitary sewer systems, septic tank ab- sorption fields, public or individual water systems, and onto adjacent lots. E) Protect all roads, driveways, utilities, and other types of development from damage caused by improper stormwater management. F) Generally minimize the disturbance to natural vegetation, minimize the area of impervious surface and maximize the infil- tration of storm water into the groundwater system. To achieve these objectives the subdivider may use whatever combinations of mechanical devices, natural buffers, large lots, or other technical means that are available. Drainage easements may be required when necessary. Such easements shall be indicated on the Final Plat. The preliminary 21an shall be reviewed by the Orange County _Erosion Control 0 Icer and the Department of Transportation. *Amended Effective (January 17, 1979) -6q- 088- V - B - 2. Proposed Drainage - The installation of any part of a drainage system which is necessary because of proposed improvements as set forth in subsection 1 of this section PP. may be installed subsequent to the approval of the Final Plat; provided that g—ansand specifications of said improvement sha-1-Y-bEe approved by the appropriate agency and reference to said improvements shall be made a.part of the Final Plat as provided in Section III, Subsection E - 5 - d herein. Fj r 090 *V -- C. WASTE WATER nTgtinCMT. V C - 1. Provision shall be made for waste water disposal for each lot platted for sale or development as follows: V - C - 1 - a. Plans for a proposed public or community sewage system shall be approved by the Health Department Director or the Division of Environmental Management of the Department of Natural and Economic Resources, whichever is appropriate. Said system shall be completed according to the approved 10. plans; provided that where said improvements are to be installed or constructed subse- quent to the approval of the Final Plat, plans an specs ications for sai improve- ments shall be approved by the appropriate agencies and reference$ to said improvements provided in Section III, Subsection E� �- 5- d herein. V - C - 1 - b. Where individual on site waste disposal systems are proposed, such systems shall be consistent with State Laws and local ordinances. These systems are not consi- dered as improvements that are required to be installed by the subdivider. Amended Effective (January 17, 1979) -71- W V - D. WATER SUPPLY 98 � U91 , 1. Plans for proposed community water supply systems shall be approved by the Health Department Director or by the Division of Health Services, Department Of Human Resources, whichever is appropriate. Said System shall be completed according to the approved plans; provided that where said improvements are to be installed -- - __ __ -^'- ' 'L"';L-L -r-Leir- - pmoans =IMM specifications for said I . i��ov�ements shall --moz-ovemenzs snail be made a part of the Final Plat as provided zn Section III, �Subsection E = 5 - d herein. V - D - 2. It is the intent of this ordinance that lots not served by a public or approved community water system shall have individual water supplies approved as provided by State law and local ordinances, whichever is appro- priate. These systems are not considered as improvements that are required to be installed by the subdivider. -72- ORANGE C O U N T Y 09- BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date JUne-16, 1987 Action &genda Item #G SUBJECT: POLICY - APPLICATION OF AMENDMENTS TO SECTION IV-B-8 OF SUBDIVISION REGULATIONS ACTION BY: June 16, 1987 DEPARTMENT: PLANNING PUBLIC HEARING _ Yes X No Attachment(s) Information Contact: Emily Crudup Approved amendments to Section IV-13-8v Subdivision Regulations Exempt Subdivision List Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a policy for applying landscape requirements to subdivision applications that were in process when the new standards went into effect. BACKGROUND: On March 24, the Board of County Commissioners approved amendments to Section IV -B -8, Landscaping and Buffer Requirements, of the Subdivision Regulations. These amend- ments allow more flexibility in the installation of required plant materials. Plant sizes at installation were reduced to minimize cost to the owner/developer. The amendments apply to all new subdivision applications-. Enforcement of Section IV- B -8 -c -1 was suspended by a mora- torium passed by the Commissioners on December lo 1986. This moratorium was no longer valid when the amendments were adopted. At Its April 27 1987 meeting the Planning Board recommended the following policy. Subdivisions will be exempt from compliance with Section IV-B-8-c-10 Required Landscaping if: (1) In the case of major subdivisions, preliminary plan approval was obtained between December 1, . 1986 and March 24, 1987. (2) in the case of minor subdivisions, sketch plan approval was obtained between December 1, 1986 and March 24, 09'_1 1987. The recommended policy was presented to the Board of Commis- sioners at its May 19, 1987 meeting. At that meeting the Board of Commissioners on the advice of the County Attorney deferred action on the policy until he could meet with the Planning Staff to discuss handling the situation with an ordinance revision rather than a policy. That meeting has been held. The following recommendation results from that meeting. RECOMMENDATION: The County Manager recommends approval of the proposed policy as recommended by the Planning Board with the following additional condition: - That the Planning Staff be directed to bring forth an ordinance amendment to implement the policy,_ i.e., set the effective date of the amendments to Section 1V_B __8- c -1 as March 24, 1987. well to allow the tree to breathe and O toy allow water to reach the roots. Vehicular traffic, storage of heavy equipment and stock- piling of soll or other materials shall not be permitted within the drip lines of trees to be retained. Except for sidewalks and curb and gutter, no paving with con- crete, asphalt or other impervious material within the drip line of trees to be retained shah be allowed. i V -8 -8 -c LandscAp-Iny Strjn lards *Amended Where a subdivision is proposed either on unforested 3 -24 -87 land or trees have been approved for removal under one or more of the exceptions listed In Article IV- 8 -8 -b -2 above,.new trees shall be planted in accordance with the provisions of this Section. IV- S -8 -c -1 *Amended As a requirement of subdivision approval, the subdivider 3 -24 -87 shalt plant .trees along the frontage of both sides of all existing and proposed streets to the subdivision. In calculating the number of trees required per lot frontage, tree types have been assigned a value In linear feet based on the average mature canopy spread. The values are forty (40) feet for large, deciduous trees and twenty -five (25) feet for small trees. Each lot, Including approved recreation /open space areas, must have at least one (1) large tree per street frontage (value of 40 feet). The number of trees to be planted on the remaining frontage (total frontage less value for one large tree) is determined by dividing the remaining frontage by the value(s) assigned to tree types selected for planting by the subdivider. For example, the number of trees required on a lot having a frontage of 130 feet would be calculated as follows: TOTAL LOT FRONTAGE 130 feet LEESi Fc 40 feet EQUALS: REMAINING LOT FRONTAGE �90 feet 90 feet divided by 25 feet (value for small tree) = 3.6 or 4 trees. Required number of trees = 4 small trees + 1 required large tree. 90 feet divided by 40 feet (value for large tree) = 2.3 or 2 trees. -50- t � V4 Required number of trees 3 large trees (1 required + 2 optional). 90 feet - 40 feet (1 large tree) = 50 feet. 50 feet divided by 25 feet = 2.0 or 2 small trees. Required number of trees = 2 large trees (1 required + 1 optional) + 2 small trees. Upon installation, trees shall be spaced at least fifteen (15) feet apart, but preferably no greater than the spread of the canopy normally achieved by the tree species upon maturity. Street trees shall be planted within the required front yard setback area. Selection and location of trees shall consider existing and future site conditions including, but not Limited to, overhead and /or under- ground 'utility lines, vehicular access drives, the location and extent of existing vegetation, and soil suitability. Selection of.tree types shall be made from the list of acceptable plant materials provided in Appendix C. In addition to street trees, there shall be at least one (1) tree for every one thousand (1,000) square feet of land area located in required recreation or open space area, and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance (see sketch below). Approved play fields, building sites and other similar recreational facilities are exempted from landscaping requirements. For the purpose Of calculating the number of trees to be planted In unzoned townships, a forty (40) foot front yard setback shall be used, and required trees shall be planted within that setback. A twenty (20) foot setback shall be used along side and rear property lines for the same purpose. -51- Uyc STREET RIGHT —OF -MAY • FROMT YARD IIIIII SIDE SIDE I YARD 00 ol YARD 90' 150' REAR tARp 20' 20' � 40' 20' 100' SIDE YARD AREA • 20' s 90' 1800 SQ.FT. % 2 SIDE YARDS 36 o SQ.FT REAR YARD AREA - 20' s 100' 2000 SQ.FT. TOTAL- SIDE /REAR YARDS 5600 SQ.rY. DIVIDED 2Y:1 TREE /1000 SQ.FT. 5.6 OR:6 TREES Trees to be planted within recreation and open space areas, and side and rear yard setback areas shall be installed to reflect the natural growth patterns of materials selected. Tree species shall be spaced in a manner which permits full spread of the canopy upon maturity and shall be selected from the list -of accept- able plant materials in Appendix C. When buffers, as required by Section IV- $ -8 -d, or approved utility and drainage easements overlap or cross setback or recreation and open space areas, those areas shall be exempted from computing the number of required plant material to be installed. Existing vegetation may be used to meet the requirements of this Section, pro- vided, however, use of such vegetation will be deter- mined by site inspection by' Planning Department personnel. _52- .. 09'1 IV -8-8 -d Buffers shall be required to separate a proposed sub- division from adjacent major streets and different land uses or zoning designations in order to protect, pre- serve and promote the visual appeal, character and value Of the proposed subdivision and /or surrounding property; to provide for the separation of spaces and provide for a sense of privacy; to promote the public health, and welfare through safety a$ the minimizing potential nuisances such transmission of noise, odor, dust, litter and glare of lights; and to provide screening between incom- patible land uses. Except as otherwise specifically provided in this Ordinance, the type of buffer required between a pro_ posed subdivision and adjacent streets, land uses o zoning designations shall be r spec if led in Article IV -Br 8 -d -3 of this Ordinance. Lorat-Inn Ant! JJr-p. Of Required buffers shall be street lot located along the interior or lines nearest the adjacent streets, and /or zoning designations. Buffers not be land uses shall rated on any portion of an existing or proposed street right -of -way or utility easement. No building or structure of an type constructed or installed In a requedsbuffer bareaected, IV- B -8 -d -2 A required buffer shall be designated as e of Platted lots and shall have the followina lettered on the face of both g restriction the preliminary and final plats of the subdivision; "LAne_tJ_c;2__5Uffer- The buffer and the —building uof structuresnathereon this restricted pursuant to Article 18 -B -8 -d of the Orange County Subdivision Regu-letlons.n The nature of the street, land use and /or zoning deli - nation adjoining the subdivision and /or the required buffer shall also be noted on the plat. -53- K t'(..JIKLP—.' 1 �c JON 1 v -�•$ -1 Rign: -of -way line /Prpper:y line Building s e tJa t k 1. i =xis:ing Proposed proposed tree G) G)small tree- laroe tree value) r (gyp', value) r 1 { Exis.ine I J • +r a t" S � ■rrr��� - se:boaK limp Pon A� r � lse «bask. ✓ I t.. oor -54- �. eauired A 1 1 gees in lice and I. rear se tba -ics (1/1000 sq. it.) IV- B -8 -d -3 The type of buffer required between a proposed sub- division and adjacent streets, land uses and /or zoning designations shall be as specified in the following table. The type of buffer required is determined by the existing and /or proposed principle uses) In the sub- division for which approval 1s requested. To determine which type of buffer is required adjacent to an existing and /or proposed land use, identify the existing and /or proposed principle use(s) in the subdivision, then Identify the adjacent existing and /or proposed land uses. The type of buffer required is identified at the Intersection of the two columns. To determine which type of buffer is required adjacent to land which is vacant and designated In a particular zoning.district, i0entlfy the existing and /or proposed p r i n c i p l e use(s) In the subdivision, then Identify, 'the adjacent vacant land zoning designation. The type of -55- 100 (1/3) larger than the root ball. If the soil is Poor, holes should be dug two (2) or three (3) times larger than the ball and backfilled with rich top so 1 I . (b) Plants should be planted in their location immediately upon delivery to them site. Plants should be installed so that the top of the root bell is one and one half (1 1/2) inches below ground level. String around the stem of the plant Should be removed and the burlap around the root ball folded from the top after the plant is in the hole. Soil around the plant Should be tamped to remove air pockets, and a good mulch applled to help retain moisture. (c) All trees should be staked to prevent «Inds from loosening the roots. (d) All plants should be soaked thoroughly with water Immediately after planting and once a reek'(un'less soaking rains occur) thereafter during the first growing season. (e) Deciduous trees and shrubs should be cut back to between one -half (1/2) and one -third (1/3) their original size following p I ant i ng. Evergreens are required to have only. light pruning and shaping after transplanting. Where new landscape materials are to be Installed, the type of landscape material to be used in meeting the requirements of this Article should be compatible with plant materials existing both on the property to be subdivided and on adjoining properties. No plant materials should be used to satisfy the srequ� ire- ments. *Amended At installation, trees should not be less than six (6) fourth ( 3`24`87 to eight_ (8) feet in height with a caliper of three - 3/4) to one and one - fourth (1 -114) Inches. Shrubs should not be less than eighteen (18) Inches in height after Installation. Installation an _ tion practices should be utilized whichpreserverand replace existing topsoil. The owner of the property will continued proper maintenance materials and should keep them orderly appearance, free from accordance with the provisions Ordinance. -59- be responsible for the of all landscaping _ in a proper, neat and refuse and debris, in of Article V of this 101 11 MAJOR SUBDIVISIONS EXEMPT FROM LANDSCAPE REGULATIONS Fox Meadow Sec. 4 Huntsman Trace Sec. 2 J 3 J Property Timberwood Farms Elm Grove Esoderrlck Gates Sunnyfield Five Fork s Woodbrooke Meadows of Eno 20 MINOR SUBDIVISIONS EXEMPT FROM LANDSCAPE REGULATIONS Shields, Robert S. a Betty Branson, Donald A. - Sketch Haughton, Steven L. - Sketch Gllland, Ellison Wilkerson - Sketch Parrish, Theodore - Sketch Terrell, Judy & Paul Jacobs - Sketch Morris, Nell T. Ray, Delores & Kerry Yeargan, Brian Jackson McAdams, Howard Parker, S.J. Rigsbee, Robert L Mildred McCullock, Tony Watkins, Edna Tinnin, Lacy a Viola Parrish, Theodore Poole, Jeanne O R A N G E C 0 U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 16,_ 1987 SUBJECT: MCADAMS ESTATES - SECTION II -- PRELIMINARY PLAN ACTION BY: July 21, 1987 DEPARTMENT: PLANNING Attachment(s) Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 4 -27 -87 Planning Board Minutes 1(! Action nda Item PUBLIC HEARING Yes X No Information Contact: Greg Szymik Telephone Numbers Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: Consideration of the Preliminary Plan for McAdams Estates - Section Two. - BACKGROUND: The property in question is located in the Town of Hills- borough on the east side of McAdams Road. There are six (6) lots proposed out of 1.82 acres. The average lot size is 0.25 acres. The zoning designation is R -10 (Town of Hillsborough). McAdams Estates - Section One was a two (2) lot minor subdivision approved on January 16, 1987. All applicable agencies have reviewed and commented on the application. The Town of Hillsborough Planning Board has recommended approval of the subdivision subject to the following conditions: (1) Driveway access for Lots 3 through 8 must be restricted to Westdale Court. (2) Water and sewer lines must be extended at the expense of the developer and in accord with Town of Hillsborough water and sewer extension policies as follows: (a) Plans must be submitted by the developer to the Town Engineer for review and approval. Subsequent to his approval, the plans must be approved by the Hillsborough Town Board and the State of North Carolina. 1U McADAMS ESTATES - SECTION TWO PRELIMINARY PLAN PAGE 2 (b) The developer must execute water and sewer line extensions in conformance with the approved.. .plans parties- The and any standards set by the above developer must also execute all required documents and reimburse the Town Engineer for all costs associated with plan review and approval procedures. The Town of Hillsborough will not commit to providing water and sewer service until the above policies have been complied with. (3) Utilities must be placed underground consistent with the Town of Hillsboroughts Zoning Ordinance. (4) Front yard setbacks must labeled on the lots. The N.C. Department of Transportation ( NCDOT) has indicated that site distance is adequate at the interesection of Westdale Court and McAdams Road, however, a flare Intersection design is recommended. The Planning Board endorses the recommendations of the Town of Hillsborough and NCDOT, including the conditions of approval. At its April 24, 1987 meeting, the Planning Board recommended approval of the subdivision subject to the conditions recommended by the Town of Hillsborough and NCDOT plus provision of, a landscape plan demonstrating compliance with Section IV -B -8, including the location of existing trees, land use buffers, and areas to be planted. RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board if the policy has been approved allowing certification from the Town of Hillsborough (water and sewer) and the State of North Carolina (water, sewer and streets) prior to the submission of the Final Plat. The Board of Commissioners has thirty -six (36) days within which to act on this application. The deadline for action is July 21, 1987. ies DATE: SUBDIVISION NAME: --'A-=ToCrA LOCATION; CADreg ToAD -,- 0L&L&0- OWNER /DEVELOPERS 4WWAL50L ADDRESS: 01 TELEPHONE NO.: AGENT /CONTACT: Z121 of l`' _ -.._ TELEPHONE NO.: -73Z -("L A. SUMMARY INFORMATION: Orange County Tax Map BLock � Letts] ZY Township Zoning District(s): _&--to _ -- - -- - Total Number of Acres: ►•$s'- Phobos: 1- -,,� Tots L Number of Lots: (e_ Average Lot Sizes. &L.& A4..M1 n i mum Lot Size C -a Ac Number/Type of Structures: (existing) ' lr4wt (prapaaadIQJAKs f- wht. LinsaL Feet in Streets: 22S t Acres in Open Space Mater SUPPLY: _S)LL � jajja ..Pub li c (tip sci ty] Community �Indi vi due L Wastewater Dispose L:666&j2o Pub Li c (speci fy) Community Indi vi dua L Schoo L District; Fire District: GenereL Land uses In Area: a A L Critical Areas: '� stream /drainagaways fLood prone areas ratershed(opecify) historic sites other(explain) S. ALL p Lets hundred ' (1 "=601] -heck Items omp1eted) must be submitted feet (1 "=2001] and On must contain the �i PRA x/` on sheet no smatter than.ons inch equals two- no Larger then one inch aqua Ls fifty fast fo L lowi ng Information: Lti 0ar41vigieo new* -Z z-. bpllding Setback L1nae oowo ;f pap ;r( ;1 ' rpuip At Srrs+plrwr+ erpirrrr br *^ Land plabasr ttittrl protlpinrry plan .,'. *sets. north spree thersh at top of real :: dose tinstadtrg povlelan drtee) :• too**btp* tee replbLeak -los reforgnaes hea"ery aeoerlbed With !/ brarlppo DNS diptandee: tmtat seams*• of she treoe and wrongs Of tat ■. lnelgd /mg :. and aaoLmding or" within rl ghs* -m f-wey esasret merear Proposed Let lima@ with deaession tat amrbepr , phM /eg tinge toaegrwphy at tan feet teal "lnteeve is enter w*. fte;d' 'oey a " rLoodpLaice *spenw barters and notation lnd/oeting raptrloted abvrtopmrrt pptontlal tasorbip. Sarpbroto bad •stab+- tarplsarlel planning jsplooletlen lime* M /eh erne; the property by natation or typleot tot to yma s *slating wad propo*ad ass* seat* (dralnogA. *tilttles. rands. see.) . salAting. proposed sold adJeising right*- bf-way todlad/wy dimension* and stpost name* and stase road bgmbers *missing bad proposed atlli ;l re. Including gyps. oilea, hydrants. veLves and wAwM la; Ssietlag *ad preaesed aelv *pt 1woLadlay size* Sad 10,.60* typlaaL *tree% ero*r-sestiens pea loterseetlen metal Le lactating design and width of trovelrey end *heuldar* horizontal alignmont and ger*pel serve dote (PoeLle rends! permanent features small so baildiage. coaeteriee. historic Lonpwarke. adjoining tot Latest hams of *djelnlng property *users end *ebdiviolgon Lo*stlen and size of pareela da@ /owsad far public one e0, reserved In cowman LarStiae and else of let* of restriated davelapwent pbt*nsl*l sac •;.Aston M plat regarding see* et arpa@ter.eanrgemen% PLbn Ibdiesting T /put 1/$ lash of runoff free lagervieae provision for eontrel of the surfs••• (GRAY AREAS FOP Orr] CE 11SF n"iv) lui: "C. OTHER SUBMITTAL REOUIREiMENTS: 1. Twenty —six (28) copies of the preliminary plat 2. Two fuLL size copies of en Orange County Tax map (one copy with tax I parcaLa involved CLearly marked) . 3. Where ■unieipal or OWASA sewer 1s not oval Lobta, a Letter from the Orange County HsaLth Department Certifying the proposed wastewater system for each Lot. I, the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a $210.00 fee (subdivisions of 15 Lots or Less) or a 8370.00 too (subdivisions of 10 Lots or more) 1s due at the time of app Li catl on . - - A •6.00 par lot fee in due at the time the fi na L p Lat is 3resented for recordation. .PPLICANT'S SMAdr ATE OWNER'S SIGNATURE OAT E FEES: Amount qk Z10 Date Paid 2.2.87 Receipt 12119 ' N. og AV Ao o Qr BIB 7 7A As CX 51— AN 691D Nrn \ U':e McAdams Estates - Section Two 1 101 STAFF ASSIGNMENT: Jane gar Crtt 11/85 SKETCH PLAN: Received Reviewed PRELIMINARY PLAT: Received 1-30-87 - Reviewed 2-4-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 3-10-87 CERTIFICATION J.M. MillsDistrict Engineer UTILITIES (OWASA/Billsborough/Mebane/Orange Alamance/Durham): DATE Certification OTHER: Recreation Advisory Council Carrboro Fire Department Chapel Hill Carrboro Hillsborough Durham Other S&E 3-10-87 MABlack (Date) (Date) (Date) (Date) 3-977 -JRiasbee (Date) (Date) 3 -9-0W7;4-16_81__Fai rcloftate) (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial ORANGE COUNUY PLAIVINLNG DEPARTMET'T HILLSBOROUGH NORTH CAROLIl\A 27278 106 MEMORANDUM TO: Jane A. Garrett, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Stormwater Management Plan for McAdams Estates Section II DATE: March 6, 1987 The plan proposes to control runoff by directing it to vegetated areas for filtering and absorption. This proposal meets the Ordinance requirements. However, the plan does not give details of how the runoff will be dispersed, -who will initiate the Implementation of the plan, and who will certify that it has been properly implemented. These details must be worked out before final approval of the plan can be given. R ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD lob HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: Jane A. Garrett, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: McAdams Estates Section 11 DATE: April 16, 1987 I have reviewed the revised Stormwater Management Plan for this subdivision and find that It adequately addresses the need for additional details as stated in my memo of March 6, 1987. 71 Mayor Frank H. Sheffield, Jr. Commissioners Myron L. Martin Horace H. Johnson Allen A. Lloyd Remus J. Smith Rachel H. Stevens uIIwtt of Effisharaug4 • ts•s Tlol RECOMMENDATION MCADAMS MAJOR SUBDIVISION ' 11U -- Town Clerk Agatha Johnson Supt. Water Works James Pendergraph Street Supt. L.D. Wagoner CW of Police Arnold W. Hamlett Fire Chief John Forrest The Town of Hillsborough Planning Board recommends approval of the McAdams Major Subdivision contingent upon the following recommendations: 1. Access for Lots 3 through 8 be restricted to Westdale Court only. 2. Water and sewer be extended at the expense of the developer and.all customary water and sewer extension policies be completed. (see Gatemore recommendation for "customary" policies) 3. . Utilities be placed underground consistent with the Town of Hillsborough's Zoning Ordinance Section 5.14 and 5.15. 4. Front setbacks labeled on lots. March 6, 1987 DD ID3 -� -�� 5 I F �9 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253 -0766 JAMES G. MARTIN March 9, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E. WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Jane A. Garrett Orange County Planning Department 106 East Margaret Lane HHillsborough, NC 27278 Subject: McAdams Estates Subdivison Off McAdams Road in Hillsborough Dear Ms. Garrett: I have reviewed the subject development and have found the sight. distance adequate. I have attached a sample intersection detail for your use. If you have any further questions, do not, hesitate to con- tact this office. JMM /SPI:jbh Atta. 71 1 An Equal Opportunity / Attirmative Action Employer Yours very truly, M. Mills DISTRICT ENGINEER F,,,&;ZE: C. -t iml.-ER E, EC -,I C,;i WITS' FUCO ; -, ;i OA"'. 1i? Onntp Umna Klecreation anb $larks ftwuneW N C L 300 West Tryon Street 77 HILLSBOROUGH. N.C- 27278 11e.bein1t. Mary Anne Black, Director TO: Jane Garrett, Planner FROM: Mary Anne Black —17-A9 DATE: April 23, 1987 RE: Courtesy Review — McAdam Estates, Section Two in that the proposed subdivision is not located within the Joint Planning Area, the development is not subject to the, ordinance requiring recreation and/or open space dedication or payment-in-lieu. MAB/pbl Hillsborough, 732-9361 • Durham, 68b-7333 c. Chapel Hill, 96&-45011 * Mebane, 227-2032 AreE. Code 91c. N M A F T 1±q 3 MOTION: Pilkey moved approval of the policy for applying landscape requirements to subdivisions that were in process when the new standards went into effect. Seconded by Walters. Yuhasz reminded the Board that a concern of the Commis - sioners has been the number of conditions on preliminary .plans. Jacobs agreed noting that once the policy is adopted, the applicant will be complying with the land- scape standards before the presentation of a preliminary plan. VOTE: Unanimous. Jacobs stated that Yuhasz would be abstaining on Agenda Items #6a, e, c and g due to professional conflict of interest. AGENDA ITEM 06: SUBDIVISION APPLICATIONS The landscape provisions apply to all prelimimary plans on the agenda. a. McAdams Estates - Preliminary Plat (Town of Hillsborough) Presentation by Garrett. The property in question is located in the Town of Hillsborough on the east side of McAdams Road. There are six (6) lots proposed out of 1.82 acres. The average lot size is 0.25 acres. The zoning designation is R -10 (Town of Hillsborough). McAdams Estates Section One was a two (2) lot minor subdivision approved on January 16, 1987. All applicable agencies have reviewed and commented on the application. The Town of Hillsborough Planning Board has recommended approval of the subdivision subject to the folio -wing conditions: (1) Driveway access for Lots 3 through 8 must be restricted to Westdale Court. (2) Water and sewer lines must be extended at the expense of the developer and in accord with Town of Hillsborough water and sewer extension policies as follows: (a) Plans must be submitted by the developer to the Town Engineer for review and approval. Subsequent to his approval, the plans must T � MOTION: VOTE: be approved by the Hillsborough Town Board and the State of North Carolina. (b) The developer must execute water and sewer line extensions in conformance with the approved plans and any standards set by the above parties. The developer must also execute all required documents and reimburse the Town Engineer for all costs associated with plan review and approval. procedures. The Town of Hillsborough will not commit to providing water and sewer service until the above policies have been complied with. (3) Utilities must be placed underground consistent with the Town of Hillsborough's Zoning Ordinance. (4) Front yard setbacks must labeled on the lots. The N.C. Department of Transportation (NCDOT) has Indicated that site distance is adequate at the interesection of Westdale Court and McAdams Road, however, a flare intersection design is recommended. The Planning Department endorses the recommendations of the Town of Hillsborough and NCDOT, including the conditions of approval. Planning Staff recommends approval of the subdivision subject to the conditions recommended by the Town of Hillsborough and NCDOT and the application of the landscaping standards. The application for preliminary subdivision plan approval was received on January 30, 1987. The 85 -day review period expired on April 24, 1987. Presentation of the plat to the Planning Board was postponed, pending approval of the stormwater management plan by the Erosion, Control Officer. Furthermore, the Planning Board meeting of April 20, 1987 was rescheduled to April 27, 1987 due to a conflict with a County holiday. Pilkey asked that the Planning Department staff this subdivision to the list being kept of the projects being granted water and sewer services the Town Of Hillsborough. Hubbard moved approval. 7 in favor. Seconded by Eddleman. add by O p � 1 abstained (Yuhasz - due to professional conflict of Interest). Several Board members indicated concern with the manner in which water and sewer is extended by the Town of Hillsborough. b. October Woods - Preliminary Plat (Chapel Hill Township) Presentation by Garrett. The property in question is located in Chapel Hill Township on the east side of Damascus Church Road (SR 1939). There are three (3) lots proposed out of 10.64 acres, the average lot size is 3.33 acres excluding the rights -of -way. The zoning designation is Rural Buffer (RB) with an overlay district of University Lake Protected Watershed (PW -II). The Land Use Plan designation is Rural Buffer and University Lake Water Supply Watershed. All applicable agencies have reviewed and commented on the application. Section IV -B -7 -b of the Subdivision Regulations requires the dedication of 0.15 acres of land or 6,534 sq. ft. in that a greenway is proposed along Prices Creek in the .1PA Land Use Plan. Given the property line distance (867 ft.) along Prices Creek, the resulting greenway would be 7.5 feet in width. Voluntary dedication of an additional 45,486 sq. ft. (1.04 acres) would provide a 60 -foot wide greenway adjacent to Prices Creek. Since slopes adjacent to the creek range from 15% to 25 %, and the area is unbuildable due to stream buffer provisions, a voluntary dedication may be possible. The Recreation and Parks. Director has requested an opportunity.to pursue such a voluntary dedication for additional greenway. The N.C. Department of Transportation stated that their policy is to require all public and private roads that intersect with a State- maintained road at right angles. October Woods Road i.s a pre - existing Class B Private Road. The Planning Department recommends approval of the Preliminary Plan subject to the following conditions; (1) Show existing structure(s) on the plat. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 16 1987 Action gender Item #14 S SUBJECT: RICHIE'S WOODS - PRELIMINARY PLAN ACTION BY: July 21, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S): Application Vicinity Map Preliminary Plan Certification Agency Comments Private Road Certification Draft Planning Board Minutes (5- 18 -87) Preliminary Plan INFORMATION CONTACT: Eddie Kirk TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: Consideration of the Preliminary Plan for Richie's Woods. BACKGROUND: The property is located in Little River Township on Kim's Drive, a private Class B road leading to Pearson Road (SR 1544). The developer is proposing to divide a 10.72 acre tract creating one new lot. The property is not zoned and is designated Agricultural Residential in the Land Use Plan. All applicable agencies have reviewed and commented on the application. The Planning Board recommends approval subject to the following condition: 1. Provision of a landscape plan demonstrating compliance with Section IV -B -8 of the Subdivision Regulations, including location of existing trees, land use buffers and areas to be planted. RECOMMENDATION: The Manager recommends approval of the Preliminary Plat as 11t! recommended by the Planning Board and with the following additional conditions. 1. No further subdivision shall be permitted of tract 1N. 2. A "Class All Private road must be constructed through the frontage of the tract. 3. Revise the existing road maintenance agreement or prepare a new road maintenance agreement to provide stipulations for public dedication and require upgrading of the private roads in Spring Crest Meadow to public roads when further subdivision results in density levels which would meet NCDOT standards for acceptance of road maintenance responsibility. PLEASE TYPE OR PRINT (iNK ONLY) SUSDIVISION NAME :. LOCATION: f REPLICATION FOA SUBDIVISION 6P1PAgVAL CAUCC C NT DATE: )A�/-V; , ''. r5 OWNER /DEVELOPER ' ' ADDRESS: TELEPHONE Na.:fj�+- -1�-�U .! AGENT/CONTACT.- Alm& TELEPHONE NO.: 7� � 1U A. SUMMARY INFORMATION:- Orange County Tax Map- I Black �_ Lot(el _ Tawnship LYL Za�sinq Distriat(s): Total. Number of Acres D, Phases: t Tata L Number of- Lots: rl Average. Lot. Size: Minimum- Lot Size �EJ Number/Type of- Structuree: xisting) �= (proposed) s Lineal Fast; in S resta : e o . Acres in Open space Q Mater Supply; 4611 __Pnb Li e(apect fy l � Commun i ty Inch vi due L wastewater DisposeL: giilf, L Pub.Lic(apscifyl Community In ividuaL c�i3y Schoo t District General Land Uses- in Area: hi r Critical. Areas+ strssamldratnayazsays flood prone areas wetarshad(apecify) historic sites - atbsr( exp Lain). B. ALL plats hundred E "=$1311 eck items >mpieted) must be submitted on sheet n no Largar fo L loxi ng feet (10 =20011 and - and :rust contain the- o sma L Ler than one inch equals two — than one inch equals fifty feet.. Information-: awbdivieled nano building astbaeA linos none of Goner(sl by notatisn or ty0lost Lot Sao*. of surveyor. engineer Gob / Layout Load planner L ✓ � eziemiwg and proposed eman- (titls] ProLialnary Plan septa (drainage, entities. &onto, north. arrow (Morvb at :' roads, ate.] top-- of wool = exi 8%109. Proposed and date tinatuding revision dater) $ =' adjoinieg rightsbf —ray Township, tax sap- bLoelt —lot including dimensions end references~ stream mamma and state road boundary described with ; nwnbers bearings and glass aaes esiasing and proposed sotaL sorsage of the treat wtilitiso. indLYding sad acreage of lots, ineLading Type, sizes, sad excluding area within hydrants. waives &ad rights—of—way / manholes aaatraL earner- W ezlsting and proposed aulrare proposed Los Lines with including sizes and grades dimensions �,Ryk typicaL street crose— Emotions Lot numbers and intersection daeails shooing Lines ihalading design and width topearaphy at ten feet (in] of treveLsey and shouldars intervals �� horizontal atigament and water bodies, atreaes, ?Load- goner-at curve date (pubtie way cad fteodatalns roads) a#reae buffers sod natation permanent faaTYres such as 1lndioa #1rg rsstrictad +' balldings. ca■otarise. da►etopeant pateatiat ,L historic Landmarks, township, Carparse& sad extra V adjoining lax Layout tarrltarlel pLeaning - sees& of adjoining property jurisdiction tines which dsaars end awbdlriaidne Cream the property L deation and size Of parcels dedicated for public was or reserved in 0eemee LOQ8910n and wiz& of loss of restricted devatopment pdtantiaL and notation an plat recording came atOrmester management oLae indicating provision for eantreL of the first i/2 inch of runoff frc■ tmearvveu• sup-eve** ,- 12 GTHER SUBMITTAL REQUIREMENTS: 1. Twenty —six (233 copies of the preliminary plat 2. Two full site copies of an Grange County Tax map (one copy with tax parcels involved clearty marked). 3. Where municipal or OWASA sewer is not avei Lab Le, a latter from- the Grange County HeaLth.Depertment certifying the proposed wastewater system- for each Lot. I, the app li cant, hereby certify that the foregoing app Li cation is comp Leta and accurate. I understand- that a. 3210.00 fee (subdivisions of 15 late or Less) 3r a $370.00 fae: (subdivisions of 15 lotss or more) is due at the time of app li aati on . A $3.00 per lot fee is due at the time the fi na L p Lat is 3 resented for recordation. %PPLICANT'S S GNATURE. ]ATE OWNER'S SIGNATURE DATE FEES: Amount � m5- Date Paid -12)0 Z6.�7 Receipt (2243 S r Ri�hre'S Woods - �• _ lei �_ -_• A_pp1; CArnf .l AOPMAS Fisler Si U g n A tl On �i� -;cm 1 RCS wk's„ •� ,�, ar _ ✓✓ iS'cale 1 400 11 AC- ..yam --_' 'J1"i. �^.+'MK� '' � .. ;;5.?• .. _... '`r. 10.0 :,;� �•� :;ar,�.� _ ' ... • SAC• = . ... ro '70 58M IL At - ;:�.ya•��AC '` - � � . X10 -os sac. ~'�� - - • . -: � =': - 1491.5 135 1.31 27 L241c4 A�r� 10 -03 AC• Q >Qc aC. AC- AC. AC- AC. AC :{� i37 Z7�9 ,4715 6715 7m 8 - 1.21 = = J ml AC. LZ ♦ 0572 .s; .., . 73 24 1Q 25 26 2 117 a:.,..... �B J PEAR SON' :rim - - - '- �..�•`•;., - �• . .. c►o� =a `- �a 15 9B.oBS AC- 9 538 �.�:_���� •- 3.095 AC. 0 RICHIE'S WOODS STAFF ASSIGNMENT: Eddie Kirk 11/89 ORANGE COUNI SKETCH PLAN:. Received 3 -9 -87 Reviewed 3 -11 -87 PRELIMINARY PLAT: Received 3 -26 -87 Reviewed 4 -1 -87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 5 -12 -87 CERTIFICATION SCHOOL BOARD (Orange /Chapel Hill - Carrboro): DATE 3-31-87— CERTIFICATION N/A UTILITIES (OWASA /Hillsborough /Mebane /Orange Alamance /Durham): DATE 4- 16 -87_` Cert i f i cat i on Heal th Department OTHER: Recreation Advisory Council Carrboro Fire Department Chapel Hill Carrboro Hillsborough Durham Other Erosion Control L ( Date,) (Date) (Date) (Date) (Date) (Date) (Date) 7 -87 ( Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial JAMES G. MARTIN GOVERNOR JAMES E. HARRINGTON SECRETARY Orange County �y STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253 -0766 May 12, 1987 Mr. Eddie Kirk Orange County Planning Department 306 —F Revere Road Hillsborough, NC 27278 Subject: Richii.e's Woods Subdivision Off SR 1544 (Pearson Road) Dear Mr. Kirk: ry 1 J� I•ILT&H•1M•1l =N:ti OMN GEORGE E. WELLS, P.E. STATE HIGHWAY ADMINISTRATOR Please be advised the above referenced preliminary plan is approved. If there are any questions, please advise. JMM /SPl :jbh Yours very truly,. L J": M. Mills %DISTRICT ENGINEER An Equal Opportunity/ Affirmative Action Employer ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 Mr MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Richie's Woods Subdivision DATE: April 17, 1987 This subdivision proposes to meet the Ordinance requirements relating to controlling runoff by using large lots and leaving a buffer of vegetation around the perimeter of the lots to absorb and filter runoff. The plan meets the Ordinance requirements. L Draft Planning Board Minutes May 18, 1987 1 �9 e. Richie's Woods - Preliminary Plat (Little River Township) Presentation by Kirk. The property in question is located in Little River Township on Kim's Drive, a private Class B road leading to Pearson Road (SR 1544). The developer is proposing to divide a 10.72 acre tract. creating one new lot. The property is not zoned and designated Agricultural Residential in the Land Use Plan. All applicable agencies have reviewed and commented on the application. Approval of the Preliminary Plan subject to the following conditions: 1. Provision of a landscape plan demonstrating compliance with Section IV -B -8 of the Subdivision Regulations, including location of existing trees, land use buffers and areas to be planted. 2. Payment -in -lieu of dedication of recreation /open space in the amount of $729. To adhere to time limits in the Subdivision Ordinance the Planning Board must act on this by June 19, 1987. Kirk stated that the payment -in -lieu was not applicable as this project is not in the Joint Planning Area. Jacobs asked how many lots had access to the private road. Kirk responded seven other lots. Jacobs con- tinued that if the adjoining lots in question did have access, the road would have to be upgraded to a public road. Kirk informed the Board that the lots were originally platted at over ten acre lots; thus, the road would not meet the density requirement of NCDOT for a state maintained road. Jacobs responded that the County Attorney had indicated that the County could accept a road as public without accepting maintenance obliga- tions. Collins reminded the Board that criteria is in place for private roads and clarification is needed in order for Staff to accurately inform the public. Tom Fisler, developer of the subdivision, indicated that the two adjoining lots do not have access to the private road according to the Road Maintenance Agree- ment. Eddleman noted that the private road criteria should be addressed in the documentation for the subdivision. 12t MOTION: Walters moved approval Seconded by Yuhasz. VOTE: Unanimous. AGENDA ITEM #7: CHAIR COMMENTS 10 with Staff recommendations. a. Jacobs reminded the Board members_ about the Rural Buffer Workshop proposed to be held at the Institute of Government. b. Rural Buffer. - Planning Board Decision MOTION: Jacobs moved that the following statement be forwarded to the Board of Commissioners: The Orange County Planning Board supports the maintenance of a green belt around Carrboro, Chapel Hill and Hillsborough. Seconded by Best. VOTE: 5 In favor. 2 opposed (Lewis and Yuhasz). Jacobs asked how Staff was planning to deal with the Stoney Creek proposal to be included with the Rural Buffer. Collins responded that it was to be deferred until the new fiscal year along with the update of the Land Use Plan for Hillsborough Township and possibly Eno Township. Jacobs asked about information on the Harder property. Collins responded staff has no information at this point but would be forwarding information as it is received to the Board members. AGENDA ITEM #8: REPORTS a. Environmental Affairs Board Jacobs cited a report from the Environmental Affairs Board and indicated that it sees sufficient need to continue in its present capacity. b. Low b Moderate - Income Housing Task Force Jacobs stated that this task force would be meeting on May 21 to hear presentations from development organiza- tions and others involved in providing low and moderate income housing. There is also a public corporation for providing low Income housing located in Raleigh which will be represented at this meeting. One of the main topics for discussion will be the ways in which Orange County policies and regulations limit the provision of ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD J HILLSBOROUGH, NORTH CAROLINA 27278 „u �.a TO: Ken Thompson, County Manager FROM: Eddie Kirk, Planner II SUBJECT: Richie's Woods Subdivision - Preliminary Plan Private Road Evaluation DATE: June 10, 1987 BACKGROUND Private roads may be allowed in a subdivision when the following conditions have been found to exist. 1. The nature and location of the subdivision, includ- ing such considerations as topography, the surrounding area, present and future road plans, and public safety access justify private roads, and 2. One or more of the following conditions exist: a) the subdivision consists of less than ten (10) lots; b) the subdivision preserves a natural area through deed restriction and special design features; c) the subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or the thoroughfare plan of an Orange County munici- pality, or does not lie within a designated transition area determined by the County; d) the subdivision joins or extends an existing subdivision where the streets are private or unpaved and when the new subdivision shall be platted to connect with the streets of such existing subdivision and be compatible with and in harmony with the surrounding community area; and 2 �j e) the subdivision roads, even if constructed to State Standards, would not be accepted by the State for maintenance due to density or some other State requirements that the subdivision cannot meet. EVALUATION 1. Richie's Woods subdivision is located in Little River Township north of Pearson Road. The sub- division consists of dividing a 10.72 acre tract from Spring Crest Meadows subdivision Phase 2 into two parcels of approximately five (5) acres. Spring Crest Meadows was a subdivision consisting of tracts all more than ten (10) acres. The subdivision is located in a rural portion of Orange County. Land use in the area consists primarily of agricultural uses and single family residential development on large lots. Pearson Road is not indicated as a collector or arterial route in the Land Use Plan. The existing road in Spring Crest Meadows which will serve Richie's Road is a private, gravel road. 2. a) Richie's Woods Subdivision consists of two (2) parcels. Since Kim's Drive, the existing private road providing access to Richie's Woods also serves other parcels in Spring Crest Meadows, the total number of parcels is higher. Six (6) other parcels in Spring Crest Meadows are served by Kim's Drive, making a total of eight (8) parcels. b) The subdivision does not preserve any natural area. It has no special design features. The restrictive covenants for Spring Crest Meadows prevent the subdivision of the original 10t acre lots into less than five (5) acre parcels. No further subdivision of the lots in Richie's Woods would be possible under the covenants. c) The subdivision aneStho�ouehfareep�an. abut lt is street shown on y g not within a designated transition area. d) Richie's Woods does not Join or extend an existing subdivision. It does involve further division of a lot within an existing subdivi- sion and that subdivision 1s served by an unpaved road. Although Richie's Woods will contain five (5) acre parcels, the large u 3 single - family residential lots are compatible with and in harmony with the surrounding community. e) Kim's Drive is approximately 2000 feet long. The NCDOT density requirement of two (2) dwellings for each 528' of road length requires at least eight (8) dwellings on Kim's Drive to meet that requirement. If Richie's Woods is approved and all parcels are developed, Kim's Drive would just meet the NCDOT density requirement. It is the staff's understanding that Kim's Drive has not been extended beyond the point where tax map parcels 1E, 1F, 1J, & 1N meet. This too would require development of all parcels on Kim's Drive in order for the NCDOT density require- ment to be met. So, State acceptance of roads In this subdivision, even if built to NCDOT standards, can only be expected with full development of Spring Crest Meadows and Richie's Woods or with further division of lots in the subdivision. RECOMMENDATION The Planning Staff recommends that Kim's Drive remain a private, unpaved road. Such roads are characteristic of large lot subdivisions In this part of Orange County. The subdivision meets three (3) of the five (5) conditions that justify approval of private roads: less than ten (10) lots are served by Kim's Drive; the subdivision does not involve streets on a thoroughfare plan; and restrictive covenants for Spring Crest Meadow prevent subdivision of the parcels below 5.0 acres in size. A fourth condition, that of NCDOT acceptance, justifies private roads until all parcels are developed or further subdivision of lots in Spring Crest Meadows increases the number of developed lots. This indi- cates that a public road is of marginal acceptance. - Y O R A N G E C 0 U N T Y 13(1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1§2 1987 Action A enda Item SUBJECT: TOWN OF HILLSBOROUGH REQUEST - RELINQUISHMENT BY ORANGE COUNTY OF ADMINISTRATION OF SUBDIVISION REGULATIONS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S): INFORMATION CONTACT: Marvin Collins 6/9/87 Letter - Hillsborough Planning Director 6/2/80 Commissioners Minutes Design Standards - 1 -40 TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane -- 227 -2031 Chapel Hill - 968 -4501 PURPOSE: Consideration of a request by the Town of Hillsborough for Orange County to indicate if it will relinquish administration of the Subdivision Regulations within the Town's planning and zoning jurisdiction. BACKGROUND: On June 2, 1980, the Town of Hillsborough formally requested that Orange County enforce the County Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction. The Board of Commissioners approved the request. Since June of 1980, subdivision activity within the Town's corporate limits and extraterritorial zoning jurisdiction has been limited (3 -5 applications per year). Likewise, revenues collected from application fees have been minimal, ranging from $630 to $1050 annually. The Town has now initiated the preparation of subdivision regulations for its planning and zoning jurisdiction using the Orange County Subdivision Regulations as a model. Before commencing this effort in earnest, the Town would like to know if the Board of Commissioners will release control of administration and enforcement of the subdivision regulations to the Town upon adoption of its own ordinance. The request would not alter other services currently performed by Orange County at the request of the Town; i.e., administration and enforcement of the N.C. State Building Code and the Orange County Sedimentation and Erosion Control Ordinance. The Town of Hillsborough currently has no regulations within its zoning ordinance which apply to the Major Transportation 1 3 1 Corridors (MTC) of 1 -40 and 1 -85. The Orange County Subdivision Regulations apply buffer and landscape standards to new subdivisions which are similar to and achieve the same effect as the MTC provisions within its zoning ordinance. Wake County has initiated a procedure whereby it requires municipalities to adopt certain regulations prior to release of additional extraterritorial jurisdiction by the County. The procedure has been applied twice, both involving MTC requirements. Given the lack of such requirements in the Hillsborough ordinances, and since the initiative for the preparation and adoption of subdivision regulations was the application of buffer standards along 1 -85, a similar procedure as applied to the release of subdivision regulation administration to Hillsborough appears warranted. RECOMMENDATION: The Manager recommends that the Town of Hillsborough be informed that Orange County will agree to relinquish administration and enforcement of its Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction upon adoption of the Town's subdivision regulations under the following conditions: (1) The Town provides Orange County with the opportunity to review and comment on the proposed regulations prior to adoption; and (2) The Town adopts and incorporates into its zoning ordinance and subdivision regulations design standards applicable within the Major Transportation Corridors of 1 -85 and 1 -40 and which meet, as a minimum, the Recommendations for Basic Design Standards along Interstate 40 as prepared by the 1 -40 Subcommittee of the TJCOG Regional Image Task Force. Mayor Frank H. Sheffield, Jr. Commissioners Myron L. Martin Horace H. Johnson Allen A. Lloyd Remus J. Smith Sally Boericke June 9, 1987 Xnwn of NflishorourA 1 61 11 IR ;1'1 1' 4p 1 Orange County Board of Commissioners 106 E. Margaret Lane Hillsborough, N.C. 27278 Dear County Commissioners:` Town Clerk Agatha Johnson Supt. Water Works James Pendergraph Street Supt. L.D. Wagoner Chief of Police Arnold W. Hamlett Fire Chief John Forrest At the June 8, 1987 meeting of the Hillsborough Town Board, the Board instructed me to write to you regarding the County's relin- quishment of the administration of the Town of Hillsborough's Subdivision Regulations. The Town Board would like to inform you that Hillsborough has started developing subdivision regulations for the Hillsborough zoning area. Orange County's Subdivision Regulations will serve as our model as we feel that they are well conceived and well written. Of course, the new subdivision regulations will need to be discussed at many meetings in the near future, be commented upon at a Public Hearing, and, then, finally adopted by the Hillsborough Town Board. Before the above work is started in earnest, we would like to know if the Orange County Board of Commissioners will release control of the enforcement of the subdivision regulations for the Town of Hillsborough when the Town Board adopts the Subdivision Regulations of the Town of Hillsborough. If you foresee any problem in releasing us from your subdivision administration, we would appreciate it if you will advise us as soon as possible. I should like to request the Board of County Commissioners to place this matter on your agenda for the June 16th meeting of your Board. The Town Board thanks you and your efficient and knowledgeable plan- ning staff for all of the assistance and cooperation that you have shown to the Town of Hillsborough over the past years. Respectfully Burs, net V. Rigsb e anning Director CC: Marvin E. Collins, Planning Director, Orange County .14 Commissioner Willhoit moved, seconded by commissioner Barnes, 3 L to table the.-New Hope and Orange County Rescue Squads' requests for supplemental funds until budget del . iberations. Vote: ayes, 4; noes, 0. Agenda Item 10: Luther Clayton Road, Commissioner - Willhoit moved, seconded by Commissioner Barnes, to acknowledge receipt of a secondary road investigation report from the Department of Transportation recommending.Luther Clayton Road not be added to the state system. Vote: ayes, 4; noes, Agenda Item 16: Request from Town Of Hillsborouqh - Enforcement of County Subdivision Re ulations- q Mr. Horace Johnson appeared on behalf of the Hillsborough Town Board and reported the Town's action concerning a request that the county staff enforce the county's subdivision regulations within the Town limits and extraterritorial zoning jurisdiction of Hillsborough Commissioner Willhoit moved to honor the Town of Hillsborough's request and to request the Manager to .. develop the.county's, cost for providing such services for Board rev . iew. Commissioner Willhoit withdrew his motion. Commissioner Gustaveson moved, seconded by,commissioner Willhoit, to honor the request by the Town of Hillsborough and to work out a fee schedule to submit to the Town. Vote: ayes, Commissioners Willhoit, Whitted and Gustaveson; noes, Commissioner Barnes. Commissioner Willhoit moved, seconded by Commissioner Barnes, to table items 11, 14, 17 a . nd 18 until June 3. Commissioner Willhoit withdrew his motion. Commissioner Willhoit moved, seconded by Commissioner Barnes, to adjourn the meeting of June 2nd until 7:30 p.m.,, June 3, 1980. Vote: ayes, 4; noes, 0. I nil Rnill,-v. rierk Richard E. Whitted, Chairman DRAFT FOR DISCUSSION PURPOSES ONLY (Revised 4 May 1987) RECOMMENDATIONS FOR BASIC DESIGN STANDARDS ALONG INTERSTATE 40 AND OTHER CONTROLLED ACCESS HIGHWAY CORRIDORS Purpose Statement The tree -lined highway corridors are one of the most important features contributing to the rural, park -like quality of the Research Triangle area, and are a major factor shaping the Region's image now and into the future. The purpose of this effort is to develop a set of design guidelines to protect and enhance the visual image along Interstate 40 and other major highway corridors in the Region. Although the Research Triangle area is rapidly urbanizing, the rural landscape represents a tradition that should be woven into its future visual image. Approach To recommend a minimum set of design guidelines that all communities in the Region agree to meet or exceed in the development or amendment of their appropriate ordinances, regulations or policies Recommendation The recommendation is in two parts that are keyed to building height and would apply in an area 1250 -1500 feet from each right -of -way line: Item Recommended Standard Part One (buildings 60 feet or less above benchmark level - B.M.) Permit Required Building Height Limit Buffer Building Setback from ROW On- Premise Signs Billboards Site Plan Review (footnote 1) 60 feet/5 stories above B.M. or 150 feet/13 -15 stories total height 50 feet, natural or landscaped (footnote 3) 100 feet (footnote 4) (footnote 5) Not Permitted Part Two (buildings more than 60 feet above benchmark level - B.M.) Permit Required Building Height Limit Buffer Building Setback from -ROW On- Premise Signs Billboards Special Use (footnote 6) 150 feet/ 13 -15 stories total height 50 feet, natural or landscaped (footnote 3) 100 feet plus 2.0 feet per 1 foot above 60 ft. (footnote 7) (footnote 5) Not Permitted FOOTNOTE 1: Site plan review would require the developer to submit a detailed she plan for evaluation againist these and other specific criteria established by the local jurisdiction. FOOTNOTE 2: Building height measured from a benchmark level equal to the centerline elevation of the roadway, as follows. BUILDING HEIGHT I ABOVE BENCHMARK I BUILDING HEIGHT BENCHMARK AT CENTERLINE ELEVATION CONTROLLED ACCESS HIGHWAY BUILDING HEIGHT ABOVE BENCHMARK BUILDING HEIGHT --- --- - ------------------- _-- _____ --- CONTROLLED ACCESS HIGHWAY BUILDING HEIGHT MIBUILDING HEIGHT ABOVE BENCHMARK -0 - _• -------------- a------------------- - - - - -- CONTROLLED ACCESS HIGHWAY FOOTNOTE 3: Natural or landscaped buffer standards (exceptions allowed for water bodies located in the buffer and specifically designed as a landscape feature): 1. Where surface parking and/or a service area is in the yard space adjacent to the right -of -way, a continuous screen of evergreen plant material and/or berm that reaches at least 10-12 feet high within 3 years is required. Buffer Right of Way 1 50, 2. Where the building(s) only is in the yard space adjacent to the right-of-way, intermittent screening of mixed deciduous and/or evergreen plant material and /or berm aat least 10-12 feet high within 3 years is required. Buffer Right of Way I so, FOOTNOTE 4: Building setback description Building Setback Right of Way - - - - 8 1 -W - W Idt FOOTNOTE 5: On-Premise Sign Standards 1. No signs in natural or landscaped buffer 2. No pole-mounted signs above 15 feet in application area (1250-1500 feet from Interstate ROW) 3. No building facade signs above the root line FOOTNOTE 6: The Special Use Permit process would include submission of detailed she plans, but would also allow additional flexibility for the local government to include more complex performance or design standards. FOOTNOTE 7: Buildings taller than 60' above benchmark level shall be setback an additional two (2) feet for every foot above 60', as follows: Right of Way Right of Way Right of Way Building Setback 100, 1 604 Building Height Above Benchmark Building Setback 180, 100, Building Height Above Benchmark Building Setback 180* 100" Building Height Above Benchmark -_ - -------------- - - - - -- O R A N G E C O U N T Y L BOARD OF COMMISSIONERS �`� ACTION AGENDA ITEM ABSTRACT Meeting Date 7. Action d?1nda Item I SUBJECT: ORANGE COUNTY BOARD OF ADJUSTMENT ACTIONS ACTION BY: July 6, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S): INFORMATION CONTACT: Eddie Kirk Board of Adjustment Orders Variance Applications Vicinity Maps Planning Staff Reports TELEPHONE NUMBERS: Hillsborough - 732 -8181 Durham - 688 -7331 Mebane - 227 -2031 Chapel Hill - 968 -4501 PURPOSE: Consideration of Board of Adjustment actions with regard to requests for variances from the requirements of the Zoning Ordinance. BACKGROUND: On June 8, 1987, the Orange County Board of Adjustment received evidence and made findings of fact on two requests for variances from Section 5.1.1 - Minimum Lot Area per Dwelling Unit in the Rural Buffer (RB) district - of the Orange County Zoning Ordinance. The first applicant, David Ripperton, requested a variance to be able to divide a 3.75 acre lot into two lots. The proposed lot sizes would be 1.8 acres and 1.95 acres. The property is located on the north side of Whitfield Road (SR 1730) in Chapel Hill Township. The second applicant, Habitat variance to create two lots minimum lot size of two acres. 40,800 sq.ft., while the second The property is located In Bing off Jo Mac Road (SR 1103). for Humanity, requested a smaller than the required One lot was proposed to be lot was to be 45,600 sq.ft. ham Township on Gemena Road The Board of Adjustment approved an order granting the variance requested by David Ripperton but denied the request of Habitat for Humanity. Article 2.3.10 of the Zoning Ordinance requires that any appeal of a Board of Adjustment decision must be filed with Superior Court within thirty 1 (30) days of filing by the Secretary of the Board of the decision in the office of the Zoning Officer or the delivery by the Zoning Officer of the notice to the applicant, whichever is later. RECOMMENDATION; If the Board of Commissioners wishes to appeal either of the decisions of the Board of Adjustment, it must authorize the County Attorney to file the appeal(s) by July 14,`1987 or within 30 days of the date of notification of the applicant (June 15, 1987). ORANGE COUNTY BOARD OF ADJUSTMENT 14-L ORDER GRANTING /DENYING A VARIANCE The Board of Adjustment for the County of Orange, having held a pub I i c hearing on June 8, 1987 to consider a variance , submitted by David Ripperton property located at the north side of Whitfield Road SR 1730 in a manner not permissible under the literal terms of the ordinance and having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the ordinance, specifical I section[s], 5.1 -1 (Minimum Lot Area _per___ Dwelling Unit in the Rural Buffer Zone he (can /cannot) secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: The Rippertons cannot use the land for an thin else except to build a house for a member of their family. Mrs. Ripperton has scattered_ her husband's_ ashes on the land, and her convictions would-preclude-any other use of the _property. 2. It is the Board's CONCLUSION that the hardship of which the applicant complains (resul_tsldoes not result) from unique circumstances related to the applicant's land. This conclusion is based on the following FINDING OF FACT: - nothing else could_ be built on the proeertyunless a house could be constructed for the family. - there will be a de minimus variation from the required 2 acre lot size - both lots would be wooded and the character of neighborhood will be maintained there have been break -ins at the property, and Mrs. Y, perton's security would be enhanced by having her children close by 3. It is the Board's CONCLUSION that the hardship is not the result of the applicant's own actions. This conclusion is based on the following FINDINGS OF FACT: Mrs._Ri perton has owned_ the property for 25 years, and owned it long before the Ordinance was change . 4. It.is the Board's CONCLUSION that, if granted, the variance (wiJ_I /will not) be in harmony with the general purpose and intent of the ordinance and (will /will not) preserve its spirit. This conclu- sion is based on all of the FINDINGS OF FACT listed above as well as the following: _ the proposed lot sizes arc 1 h re uired minimum of 2 acres - the rural character of the neighborhood will be maintained - purpose of a variance is to small adjustments, where. as here. the variations are so small rticularly 144 5. It is the Board's CONCLUSION that, If granted, the variance (will/will not) secure the public safety and welfare and (will/will not) do substantial justice. This conclusion is based on all of the FINDINGS OF PACT listed above, as well as the following: - there is no evidence that the variance would adversely affect the rightsof neighbors or any other parties substantial _justice_would be done, considering -that the two lots will each be near' two acres, the rural character of the neighborhood will be maintained, and Mrs. Ripperton will be able to have her children in a nearby house. THEREFORE, on the basis of all the foregoing, IT IS ORDERED that the application for a VARIANCE be (GRANTED/DENI- ED), subject to the following conditions: Ordered this 8th day of Secretary June 19 87 . NOTE: IF YOU ARE DISSATISFIED WITH THE DECISION OF THIS BOARD, AN APPEAL MAY BE TAKEN TO THE SUPERIOR COURT OF ORANGE COUNTY WITHIN THIRTY (30) DAYS AFTER THE DATE THIS ORDER IS SERVED ON YOU. SEE SECTION 2.3.10 OF THE ORANGE COUNTY ZONING ORDINANCE. It:stitute of Government Application No. April 8, 1975 CITY /COUNTY OF STATE OF NORTH CAROLINA 14c BEFORE THE 0R+v66 (&Iw�BOA.RD OF ADJUSDINT APPLICATION FOR A VARIANCE Month Day Year TO THE oRMK.c cowW BOARD OF. ADJUSTMENT: Because the at voc cow Zorting Ordinance, under the interpretation giv- en to me by the Zoning Enforcement Officer, prohibits me from using the parcel of land described in the attached form ( "Application for a Hearing ") in a manner shown by the Plot Flan attached to that form, I hereby apply to the Board for a VARIANCE from the literal provisions of the Ordinance. I request a variance from the following provisions of the ordinance (cite paragraph numbers) : _ r'jC1E571. / �'1i�wr►cvM copy f}iteq so that the above mentioned property can be used in a manner indicated by the Plot Plan attached to the "Application for a Hearing" form, or if the* plot plan does not adequately reveal the nature of the variance, as more fully described herein: -(if variance is requested for limited time.only . specify duration requested) I certify that all of the information presented by me in this application is accurate to the best of my knowledge, information and belief. FACTORS RELEVANT TO THE ISSUANCE OF A VARIANCE: The Board of Adjustment does not have unlimited discretion in decid- ing whether to grant a variance. Under the state enabling act, the Board is required to reach three conclusions as a prerequisite to the issuance of a variance: (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, (b) that the variance is in harmony with the general purposes and intent of the ordinance and preserves its spirit, and (c) that in the granting of the variance the public safety and welfare have been assured and sub- stantial justice has been done. In the spaces provided below, indicate the facts that you intend to show and the arguments that you intend to make to convince the Board that it can properly reach these three re- quired conclusions. (a) THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN THE WAY OF CARRYIIX OUT THE STRICT LETTER OF THE ORDINANCE. The - courts have de- veloped three rules to determine whether in a particular situation "prac- tical difficulties or unnecessary hardships" exist. State facts and ar- tuments in support of each of the following: (1) If he Complies with the provisions of the ordinance, the roo- t i_ rrty owner can secure no reasonable return from or make no reasonable use of, his property. (It is not sufficient that failure to n"a variance simply makes the property less valuable), nt the "17'Svy •TG' 4)42 Staff comment: Based upon the following FINDINGS OF FACT, the Board concludes that the applicant can /cannot secure a reasonable return from or make reasonable use of his property in the absence of a variance: (2) The hardshi of trhich the applicant complains results from u- ni ue circumstances related to the a licant's land. (Note: hardships suffered by the applicant in common with his neighbors does not justify) a variance. Also, unique personal or family hardships are irrelevant since a variance. if granted, runs with the land.) �yit9nlyi+�� Sr rs Ae04rC oc 4A" adT L- Staff comment: Mcl �v vs so wE r�� �.vra..a,...,�C Based upon the following FINDINGS OF FACT, the Board concludes that the hardship of which the applicant complains does /does not result from u- nique circumstances related to the applicant's land: (3) The hardsh�a Staff comment: Based upon the followi . hardship is /is not the is not the result of the a licant's own actions. Re -C, M4 17 ag FINDINGS OF FACT, the Board concludes that the result of the applicant's own actions: (b) THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND IN7,'ENT OF THE ORDINANCE A.ND PRESERVES ITS SPIRIT. (State facts and arguments to show that the variance reqaested represents the least possible deviation from the letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.) /F 5 +/r0� Tim at�xa 8G srST�7iT Zrww& av T� G� rs fiPerosm /s sS E Gov av Errs Zo•�ciG S taff comment: . Based upon the following FINDINGS OF FACT, the Board concludes that the requested variance is /is not in harmony with the general purpose and in- tent of the ordinance and does /does not preserve its spirit: (c) THE GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND 14ELFARE AND DOES SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is denied, the benefit to.the public will be -3- 144 substantially outweighed by the harm suffered by the applicant.) .Orzx/5 Majs 9- .5z1 ✓ /&V "6U,cMC�T$ Staff comment. Based upon the following FINDINGS OF FACT, the Board concludes that the public safety and welfare are /are not secured by the granting of the re- quested variance and that substantial justice is /is not done by the issu- ance of said variance: THEREFORE, because the Board concludes that all of the conditions precedent 'to the issuance of a VARIANCE have /have not been satisfied, the application for a VARIANCE is hereby GRANTED /DENIED. The granting of this Variance is expressly made conditional upon the observ- ance by the applicant of the following requirements: x m rd Z 4 a m w m a W 14t oz >� w �a �^ Ow W t C �1 n W V f � C [! 4 6 � � � eiivo n Q W �a W W J iA O�WW damn � g W B SR wa m rd Z 4 a m w m a W PA` I P le 1 rPMtTWJ 14 r I � 1 j SEE MAP 17B 1953 ( SEDGEFIELD SEC. I 3 S. 07 X. 4AC 3.7 A� 0300 1 AC s3 _ 7A 5� _ 4B 2938 p� 3A 2.51 AC � .rasa 6 4 6.5 AC - 22.61 AC. / ' 4642 9 � DOT �/ SEE MAP 17E i cDUFFIE) ' SEDGEFIELD SEC 7• REV 8172 yam\ 9A .04AC. \ 35.076 AC. oor Qom\ s 1= s= �\ F 4 5.07 AC. 15 16� II vjkp 14 4� \ 1r0) 17J ti��, s17$ 9150 14A 9069 f�MARY y� 13 4.C6 ACS i % REEK ►c� � 5.9 AC. 14. 364AC. � 3978 3 AC -.4:95: -AC o I RI NCE NUMBE, R QUFSTEE: T D�V)Tr'l 11 ;7 7 C' n'1 cl y I LEPHONE! Try T-!I.ITI..T--, A -'.1 1, V! I Ti- T, r) vir) T "tut it I I 71 5 NFORMEE) BY PLAIV14ER I?"!:- ' I f1 " DAIS 17 MAP REFERENCE !7, '7 OWNER X,,,71 1.! T Al ()RE()( (MfNFR DR AU IHORIZED AGENI PLANNCR DAIS LOPE L"7 Rljr,7-Ur) R•.HOR V 9 n i r-71-k" PROT)'.1 WrROL.I-. Vo eot4 �L-F'--5 oV 51J 1 CLERK DEPTH- PERMEAS -P . -11 . .. - -------- - - - - -- 141 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSHOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: ORANGE COUNTY BOARD OF ADJUSTMENT FROM: EDDIE KIRK DATE: MAY 22, 1987 SUBJECT: V -1 -87 VARIANCE REQUEST BY DAVID RIPPERTON ON NORTH SIDE OF WHITFIELD ROAD GENERAL FORMATION APPLICANT: David Ripperton 1805 Pathway Drive Carrboro, N.C. 27510 929 -6632 STATUS OF APPLICANT: Son of Owner REQUESTED ACTION: To request a variance from Section 5.1.1 of the Orange County Zoning Ordinance which requires a minimum lot size of two acres in an R -B (Rural Buffer) Zoning District. PURPOSE: David Ri-pperton is requesting a variance to divide a 3.75 acre lot into two lots. One lot is proposed to be 1.8 acres and the other lot 1.95 acres. EXISTING LAND USE & ZONING NORTH - Wooded undeveloped land and R -B Zoning District. SOUTH - Whitfield Road, single family residences and R -B Zoning District. EAST - Undeveloped wooded land and R -B Zoning District. WEST - Single family residence and R -B Zoning District. LAND USE PLAN: The Land Use Plan designates the area as Rural Buffer. The Rural Buffer designa- 15(j MEMORANDUM V -1 -87 VARIANCE REQUEST BY DAVID RIPPERTON ON NORTH SIDE OF WHITFIELD ROAD MAY 22, 1987 PAGE 2 tion provides for land adjacent to urban and /or transition areas which is rural In character and should remain rural, contain very low density residential uses, and not require urban services during the present Land Use Plan period. APPL I CAT I QN 0E_ THE ,BAR II AN„QE_PQWER A variance may be allowed only by the Board of Adjustment in cases involving practical difficulties or unnecessary hard- ships, when substantial evidence in the official record of the application supports all the following findings. a) That the alleged hardships or practical difficul- ties are unique and singular as regards to the property of the person requesting the variance and are not those suffered in common with other pro- perty similarly located. Staff Comment: FINDING Yes No The alleged hardship and practical difficulty is suffered in common with other properties of this size similarly located in the Rural Buffer area. b) That the alleged hardships and practical difficul- ties, which will result from failure to grant the variance, extend to the Inability to use the land In question for any use in conformity with the provision of- this ordinance and include substan- tially more than mere Inconvenience and inability to attain a higher financial return. The alleged hardships cannot have resulted from the action or inaction of the applicant. FINDING Yes No Staff Comment: The alleged hardships and difficulties, which will result from failure to grant the variance do not extend to the inability to use the land since there is an existing single family house on the property. The alleged hardship did not result from the action or inaction of the applicant. c) That the variance, if allowed, will not substan- 151 MEMORANDUM V -1 -87 VARIANCE REQUEST BY DAVID RIPPERTON ON NORTH SIDE OF WHITFIELD ROAD MAY 22, 1987 PAGE 3 tially interfere with or injure the rights of others whose property would be affected by allow- ance of the variance. FINDING Yes No Staff Comment The variance, if allowed, will not substan- tially interfere with or injure the rights of others whose property would be affected by allowance of the variance. This variance, if allowed, however, may set a precedent for future requests for variances in the Rural Buffer zone. d) That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Comprehensive Plan. FINDING Yes No Staff Comment: The variance is not in harmony with and does not serve the general intent and purpose of this ordinance or the adopted Comprehensive Plan since the intent is to maintain a two acre minimum lot size in the Rural Buffer. e) That allowing the variance will result in substan- tial justice being done, considering both the public benefits Intended to be secured. by this ordinance and the individual hardships that will be suffered by a failure of the Board to grant a variance. FINDING Yes No Staff Comment: Allowing the variance will substantial Justice being proposed hardship is not suffered only by the appli property owners who own lots in the Rural Buffer. not result in done since the individual and cant but by all of similar size 154 ORANGE COUNTY BOARD OF ADJUSTMENT ORDER GRANTING /DENS A VARIANCE The Board of Adjustment for the County of Orange, having held a public hearing on June 8, 1987 to consider a variance , submitted by Orange County—Habitat for Humanity. Inc. a request for a variance to use the property located n Gemena Road off Jo Mac Road SR 110 In a manner not permissible under the literal terms of the ordinance and having heard all of the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. 2. It is the Boardvs CONCLUSION that, if the applicant complies with the literal terms specifically sectionls7, 5.1.1 ( Dwelling Unit in the Rural Buffer Zone of the ordinance, Minimum Lot Area per he (can /cannot) secure a reasonable return fromThor make reasonable use of, his property. conclusion is based on the following FINDINGS OF FACT: - The land can be used for ardenin . - With applicant being non-profit, financial return is not a factor. - The land can be used since additional property can be obtained to meet the 2 acre minimum lot size. It is the Board's CONCLUSION that the hardship of which the applicant complains (resu is does not result) from unique circumstances related to the applicantts land. This conclusion is based on the following FINDING OF FACT: - Nature that the property is being used for low and moderate income housing. The lots were created in good faith under prior zoning laws, where the applicant was attempting to spread out development, which is in the spirit of the Rural Buffer Zone. 3. It is the Board's CONCLUSION that the hardship is not the result of the applicant's own actions. This The based on the following was proceeding with the FINDINGS OF F ACT subdivision CT: ; when the Ordinance was chap ed to 2 acres. 4. It is the Board's CONCLUSION that, if granted, the variance (will /will not) be in harmony with the general purpose and intent of the ordinance and (will /will not) preserve its spirit. This conclu- sion is based on all of the FINDINGS OF FACT listed above as we I I as the following: The intent and purpose Of e Zpninq Ordinance and Comi2rehensive Plan is to maintain two e minimum lot size The Dro osed lots are far short 5. It is the Board's CONCLUSION that, if granted, the variance (will /will not) secure the public safety and welfare and (will /will not) do substantial justice. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: - Low income housin benefits the community, which was i 'n 11 int ded a d' V 151 - Need f Ji2w incomehojj5ina, THEREFORE, ORDERED that the ED), subject to on the basis application the following of all the for a VARIANCE conditions: foregoing, IT IS be (GRANTED /DENI- Ordered this $th day of June , 19A 7 -. wo, 4F 0 pm, W— Ara-L, 11 i , L�6 zo�l Secretary 15 ,: NOTE: IF YOU ARE DISSATISFIED WITH THE DECISION OF THIS BOARD, AN APPEAL MAY BE TAKEN TO THE SUPERIOR COURT OF ORANGE COUNTY WITHIN THIRTY (30) DAYS AFTER THE DATE THIS ORDER IS SERVED ON YOU. SEE SECTION 2.3.10 OF THE ORANGE COUNTY ZONING ORDINANCE. Application No. iii.�titute of G-0 %Fern. ent April 8, 1975 CITY /COUNTY OF Orange STATE OF NORTIR CAROLINA Orange BEFORE THE County BOARD OF AIiJUSTMEINT APPLICATION FOR A VARIANCE April 17 1987 month Day Year Orange TO THE County BOARD OF ADJUSTMENT: Orange Because the _Lauot_y-- Zoning Ordinance, under the interpretation giv- en to me by the Zoning Enforcement Officer, prohibits me from using the parcel of land described in the attached form ( "Application for a Hearing ") in a manner shown by the Plot Plan attached to that form, I hereby apply to the Board for a VARIANCE from the literal provisions of the Ordinance. I request a variance krt cl the 5 1. 11,o "SNedul elfornResidential r Devel oe (cite paragraph numbers): in Article 5, "Esta is ment o Dimensional Re uirements" so that the above mentioned property can be used in a manner indicated by the Plot Plan attached to the "Application for a Hearing" form, or if the plot plan does not adequately reveal the nature of the variance, as more fully described herein: (if variance is requested for limited time only specify duration requested) approval of 2 lots of less than 2 acres. I certify that all of the information presented by me in this application is accurate to the best of my knowledge, ar t'on d elief. FACTORS RELEVANT TO THE ISSUANCE OF A VARTIUNMEt � ' GAA1 114C. The Board of Adjusta:Ynt does not have unlimited T scretion in decid- ing whether to grant a variance. Under the state enabling act, the Board is required to reach three conclusions as a prerequisite to the issuance of a variance: (a) that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance, (b) that the variance is in harmony with the general purposes and intent of the ordinance and preserves its spirit, and (c) that in the granting of the variance the public safety and welfare have been assured and sub- stantial justice has been done. In the spaces provided below, indicate the facts that you intend to show and the arguments that you intend to make to convince the Board that it can properly reach these three re- quired conclusions. (a) THERE ARE PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS IN THE 14AY OF CARRYII:G OUT THE STRICT LETTER OF THE ORDINANCE. The courts have de- veloped three rules to determine whether in a particular situation "prac- tical difficulties or unnecessary hardships" exist. State facts and ar- tuments in support of each of the following: (1) If he cam lies t�ith the provisions of the ordinance, the r)ro-,-)- 1�c no rcasonablu owner can secure no rcasonablc! return fro:-1, or 1113M use of, his Dro2erty. (It is not sufficient rh-t failure to grant the variance simply makes the property less valuable-). see attached sheet Staff comment: Based upon the following FINDINGS OF FACT, the Board applicant cart/cannot secure a reasonable return from use of his property in the absence of a variance: _ concludes that the or make reasonable (2) The hardship of which the applicant cOm2lains results from u- nique circumstances related to the ap2 icant's land. (Note: hardships suffered by the applicant in common with his neighbors does not justify 0 a variance. Also, unique personal or family hardships are irrelevant since a variance, if granted, runs with the land.) see attached sheet Staff comment: -Based upon the following FINDINGS OF FACT, the Board concludes that the hardship of which the applicant complains does/does not result from u- nique circumstances related to the applicant's land: (3) The hardship is not the result of the applicant's own actions. see attached sfieet Staff comment: Based upon the following FINDINGS OF FACT, the Board concludes that the hardship is/is not the result of the applicant's own actions: — (b) THE VARIANCE IS IN 'HAMIONTY WITH THE GENTEPAL PURPOSE AND INTENT OF THE ORDINANCE kND PRESERVES ITS SPIRIT. (State facts and arguments to show that the variance requested represents the least possible deviation from the letter of the ordinance that will allow a reasonable use of the land and that the use of the property, if the variance is granted, will not substantially detract from the character of the neighborhood.) see attached sheet Staff comment: Based upon the following FINDINGS OF FACT, the Board concludes that the requested variance is/is not in harmony with the general purpose and.in- tent of the ordinance and does/does not preserve its spirit: (c) 711E GRANTING OF THE VARIANCE SECURES THE PUBLIC SAFETY AND WELFARE AND DOES SUBSTANTIAL JUSTICE. (State facts and arguments to show that, on balance, if the variance is denied, the benefit to the public will be - -3- substantially outweighed by the harm suffered by the applicant.) snen It'�fr,€ comment; based upon the following FINDINGS OF FACT,. the Board concludes that the public safety and welfare are /are not secured by the granting of the re- quested variance and that substantial justice is /is not done by the issu- ance of said variance: THEREFORE, because the Board concludes that all of the conditions precedent 'to the issuance of a.VARILNCE have /have not been satisfied, the application for a VARIANCE is hereby GRANTED /DENIED. The granting of this Variance is expressly made conditional upon the observ- ance by the applicant of the following requirements: ffALV SIGNATURE OF CLERK TO BOARD OF ADJUSTMENT i PFF" F! l range Countv Habitat for P, 0. Box 161 Carrboro, NC 27510 VARIANCE REQUEST Habitat for Humanity of Orange County, Inc. Chestnut Oaks Subdivision Factors Relevant to the Issuance of a Variance: 15r (a) (1) The two "orphan" lots, labeled proposed lots #4 and #5 in the attached plan, are surrounded by existing lots of record and Gemena Road. Property to the rear is in separate ownership. The area across Gemena Road is proposed community space for the entire subdivision. Under the new 2 -acre zoning, the two proposed lots would be unusable. (a) (2) The variance is requested due to the unusual pattern of land subdivision which occurred prior to the County's adoption of 2 -acre zonin in the rural buffer. Habitat for Humanity of Orange County, Inc. ? "Habitat "), a non - profit organization providing low- income housing, subdivided its property into four parcels under the County's procedure for minor subdivisions under the former 40,000 square feet zoning. Habitat permitted the first three families selected for housing to choose the site for their future homes from a total of nine prospective sites (the maximum amount of subdivision permitted before a major subdivision process must be followed). Habitat assumed it would record the additional lots at a later date, but is prevented from doing so by the newer zoning. Habitat does not seek approval for all its previously planned homesites through this variance, just the two which would otherwise be unbuildable. Although some other landowners may be similarly situated, the number is certainly small. (a) (3) The subdivision pattern was established by working with those low- income families who would help build and then occupy the momes and occurred while the sites'.zoning allowed minimum lot sizes of 40,000 square feet. (b) Continued development in the Chestnut Oaks subdivision will conform to the newer zoning. Habitat wishes to delay developing plans for cluster development of the entire site until studies of land use in the area and the work of the County task force on low- income housing have been completed, since development plans could be affected. The proposed variance will permit Habitat to continue building some low- income housing during this period: (c) If the variance is denied, the public will sacrifice a major.benefit -- two homes for low- income families -- in order to secure a minor benefit -- two undeveloped parcels in the rural buffer. Habitat believes the housing benefits substantially outweigh the impacts on the rural buffer, particularly since a large proportion of the subdivision will be in open space. " f° v '•� 1 5,164 $F 2 4.896 5F SCHV[ EI,O,l. PA RK S.R.E. PARK S.N.E. f'• :J VV.!]4PG.41 MILIER ,. MACE.S.R. 0 0.463 PcalE S88°54.5T'E 3 4,836 SF Qa.401 PG.240 00.502 PG.330 D8.396 06.3T3 PG.24v \\\ PG 166 +'0.37 PG.112 �\ \ ITOT• DISf.002.641'.I �� 30l.tt' , (` "' ---• t98,e]" �" 746.6 E' 1 I {415.55' 1A- H0. NOTE' ROADWAY IS NO1 U ! EIP � � E1P lQ4.97' i !73.10' \ , --- i EIP E1P EIP EIA 1 P0O-CON 1`1`101.COR N PER CE N1E A t 0 ON EA S MI m S87'046'319 E 0 \ MCI A D D E N•P,D_ A 0 (TOTAL DIST, 110 1.38't -_ GG•197 AC. ,\ 1� 6Q.o0' 1 � � • 0 06.716 p G. 1944 It LOy AREAS \ 9 S01°30'43'w l a • F LoF-..� op '-EkIS'r. -0.992 AC.LA7 - Ey1yt -0.937 AC. LOF 3 - EXI,r. -C.vzs AC. L 0 T�- PROg3SED -1.047 Y a 13 AC. -� LDr - I'Rof�:ED- O.Q3j A[• ti 1 , EA SE MLNTIPRIVA TEI m ; L.OT�- PRoA,.yED-64.191 AC. 60' R w �� 1 = LOT 4) A, a ID6 251) PG 6151 ([VRREHf Ly I. f IDO-131 PG.TOOSI R ' NiT-01-OOw 1 ',� I ' • 0 0 S.Y. , 1 v m 1 Q 1 u [if A11 SIGHI IIN£EA;EYf N1�1 I 1 E1 01 yT ' �'40.300 I �pq-C �rattily ZP4 t ' . V! exi I .. F1 O C U r 1 IN E w { ---� 7 'E .� ROAD s i 411 F.Y. - ATEI '7 U N i l J P G.I 3 2 M E• N01•ae 0' 1 E0.60' +T I 0.06 _ T A —. E Nlv 110. qq 60' /.Ylr' ; .-_.�__T , -___- iEOr 77611100 1 t .1 {DOU II �R6QO 4 1'g Na-cif DI:IF CR 3081,8 b' (TOTAL DIET. 3118.72' 36 t.r.l `i+ I 1 ' 1NOUEW€ 7v' H87°o7'oo'w So'RY��.y NIP DAVID McCAVLEV ' Qe.11ePa.se3 LEGEND t REFERENCES: SURVEYED AND MAPPED FOR: , EXISTING IRON PIPE (EIPI I _ - _- - --- NEW IRON PIPE (NIP) DEL. 228 PO.1001 aT FOR HUMANITY Of ORANGE CO. INC. COMPUTED POINT D8. ITS PG. I74 P,O.BOX 461 R/w MONUMENT to IN 7. S.R. 110E CARR00RO,N,C. 77510 LINE NOT SURVEYED tBETHlI CHURCH 110.1 EASEMENT LINE PROPObED COEN40 (OAKS 110RPI.IAN LOT5II RICLLISION APPL16AIION 14-4I5ED 5MOM51014 D&TA EbY GARY GILES,briLIJIiECT FOR p1{tp6 I-IABITAT FOR L 04,15II11TV OF 0SW4E CO-+INc. m&y I,I°167 qF1+IRF[t t,t./P� to H AIS ITAT FOIL ` F 14 VMAMrr%( OF 25 EASE ��'� h��C�L +ors 24 103— 92A C. 11 ! A 48 _GQ 29 9921 � 32 33 / 1.0 G. 2 AC. 30 1847 ' 2 AC. 66 ---- 0 r 2 AC. 1.19 — N 7. � d 6713 •9622 3 8.27 Ac. '6514 ° 8 Ac, 28 2.12 AG I ` ►ors o � � Ills re 7s Pa r 10 AC. o �m- 77. 25 AC. 2 r Fu f 28.05 AC- 4 5 AC. — � , B14 _ N tg NELLIE Or?A r, COURT 50 SEE MAP 2813 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD H11.L5BOROl;GH, NORTH CAROLINA 27278 MEMORANDUM TO: ORANGE COUNTY BOARD OF ADJUSTMENT FROM: EDDIE KIRK DATE: MAY 28, 1987 SUBJECT: V -2 -87 ORANGE COUNTY HABITAT FOR HUMANITY WEST SIDE OF JO MAC ROAD (SR 1103) ON GEMENA ROAD (PRIVATE) E ERA I F M TIO APPLICANT: Orange County Habitat for Humanity, Inc. C/o John Hodges - Copple 118 Collums Road Chapel Hill, NC 27514 STATUS OF APPLICANT: Co- Chairman Site Committee REQUESTED ACTION: To request a variance from Section 5.1.1 of the Orange County Zoning Ordinance which requires a minimum lot size of acres in an R -B (Rural Buffer) Zoning D;-strict. PURPOSE: Habitat for Humanity is requesting a variance to create two lots both of which would be smaller than the required 2 acre minimum. One lot is proposed to be 40,800 square feet and the other lot 45,600 square feet. EXISTING LAND USE 8 ZONING NORTH - Undeveloped land and R -B Zoning District. SOUTH - Undeveloped wooded land and R- B-Zoning District. EAST - Jo Mac Road (SR 1103) and undeveloped wooded land zoned R -B. WEST - Undeveloped wooded land and R -B Zoning District. i MEMORANDUM V -2 -87 ORANGE COUNTY HABITAT FOR HUMANITY WEST SIDE OF JO MAC ROAD (SR 1103) ON GEMENA ROAD (PRIVATE) MAY 28, 1987 PAGE 2 LAND USE PLAN: The Land Use Plan designates the area as Rural Buffer. The Rural Buffer designa- tion provides for land adjacent to urban and /or transition areas which is rural in character and should remain rural, contain very low density residential uses, and not require urban services during the present Land Use Plan period. PP T 0 A variance may be allowed only by the Board of Adjustment in cases involving practical difficulties or unnecessary hard- ships, when substantial evidence In the official record of the application supports all the following findings. a) That the alleged hardships or practical difficul- ties are unique and singular as regards to the property of the person requesting the variance and are not those suffered in common with other pro- perty similarly located. FINDING Yes No Staff Comment: The initial approved subdivision of the existing lots left these areas between that are less than 2 acres in size. b) That the alleged hardships and practical difficul- ties, which -will result from failure to grant the variance, extend to the inability to use the land In question for any use in conformity with the provision of this ordinance and include substan- tially more than mere inconvenience and inability to attain a higher financial return. The alleged hardships cannot have resulted from the action or inaction of the applicant. FINDING Yes No Staff Comment: The alleged hardships and difficulties, which will result from failure to grant the variance do not extend to the inability to use the land since it is possible to create 2 acre size parcels. The alleged hardship did not result from the action or inaction of the -16 _L f ORANDUM -2 -87 ORANGE COUNTY HABITAT FOR HUMANITY WEST SIDE OF JO MAC ROAD (SR 1103) ON GEMENA ROAD (PRIVATE) MAY 28, 1987 applicant. c) That the variance, if tially interfere with others whose property ante of the variance. PAGE 3 allowed, will not substan- or injure the rights of would be affected by allow- FINDING Yes No Staff Comment: The variance, if allowed, will not substan- tially interfere with or injure the rights of others whose property would be affected by allowance of the variance. This variance, if allowed, however, may set a precedent for future requests for variances in the Rural Buffer zone. d) That the variance is in harmony with and serves the general intent and purpose of this ordinance and the adopted Comprehensive Plan. FINDING Yes No Staff Comment: The variance is not in harmony with and does not serve the general intent and purpose of this ordinance or the adopted Comprehensive Plan since the intent is to maintain a two acre minimum lot size in the Rural Buffer. e) That al lowirrg tial justice public benef ordinance and suffered by variance. the variance will result in substan -- being done, considering both the its intended to be secured by this the individual hardships that will be a failure of the Board to grant a FINDING Yes No Staff Comment: Allowing the variance will result in substan- tial Justice being done since the proposed hardship is a result of a previously approved subdivision, which makes it unique to this property. lbd ORANGE COUNTY BOARD OF COMMISSIONERS Action Anda ACTION AGENDA ITEM ABSTRACT Item No.i Meeting Date: JUNE 16, 1987 SUBJECT: CABLE TELEVISION ORDINANCE AMENDMENTS -- SECOND READING DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): PUBLIC HEARING: Yes X No INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane -- 227 -2031 Durham - 688 -7331 PURPOSE: Consideration of proposed amendment to Cable Television System Ordinance. BACKGROUND: Recent Board action (expanding Alert Cable Service Area) affecting the service areas of the County's Cable T.V. Fran chises necessitates changes in the existing Cable Television System Ordinance. The deletions and additions will update and make the ordinance more consistent with proposed Cable T.V. Franchise Amendments. RECOMMENDATION(S): Approve amendments to Cable Television System Ordinance. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 16, 1987 SUBJECT: PROPOSED AMENDMENTS TO ALERT CABLE T.V. FRANCHISE DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): 16 -4 EVNM- PUBLIC HEARING: Yes X No INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: Consideration of proposed amendment to Alert Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved Alert Cable T.V. service area expansions as recommended by the Cable T.V. Citizens Advisory Committee. The Board also directed the County Attorney to prepare an Amendment to Alert Cable T.V. Franchise. RECOMMENDATION(S): Approve amendment to Alert Cable T.V. Franchise. 1E]u ORANGE COUNTY BOARD OF COMMISSIONERS Action A nda Item No. � it ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 16, 1987 SUBJECT: CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST READING DEPARTMENT: COUNTY MANAGER ATTACHMENT(S): PUBLIC HEARING: Yes X No INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732 -8181 Chapel Hill - 968 -4501 Mebane - 227 -2031 Durham - 688 -7331 PURPOSE: Consideration of proposed amendment to Carolina Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved. Alert Cable T.V. service area expansion and directed the County Attorney to prepare an amendment to Carolina Cable T.V. Franchise which would reflect changes in the County's Cable T.V. service areas. RECOMMENDATION(S): Approve amendments to Carolina Cable T.V. Franchise. .11 (3 t- ORARGE COUTTY Action Agenda BOARD OF COMMISSIONERS Item No.- MEETING DATE June 16, 1987 Subject: Governor's Statewide Volunteer Awards Program Department: BOARD OF COWISSIONERS Public Hearing: Yes X no Attacbments: Information Contact: Shirley Marshall Under Separate Cover Phone Numbers: 7328181, 968-4501, 22T-0211 PURPOSE: To select and submit nominees to the Governor for his Statewide Volunteer Awards Program. F iwtkh R ni i m n - At the direction of the Board, various civic and community groups were contacted and requested to submit nominees in three different categories. The Board needs to select four (4) nominees - one School Volunteer, one Volunteer Organization and two Community Volunteers as recipients of the Governor's Award for Outstanding Volunteer Service. These must be submitted to the Governor's office by the end of June, 1987. The Governor will honor all nominees in the fall. RECOMMMATION: As the Board decides. 16 �� ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AG DA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 16, 1987 DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES —X —NO ATTACHMENT(S): LIST OF ITEMS INFORMATION CONTACT: PAM JONES EXT 497 PHONE NUMBERS: HILLSBOROUGH 732 -8181 HILLSBOROUGH 732 -9361 CHAPEL HILL 967 -9251 MEBANE 227 -2031 DURHAM 688 -7331 PURPOSE: To declare as surplus, items on the attached list and to adopt a resolution authorizing the Director of Purchasing and Central Services to conduct an auction of those personal property items declared surplus or confiscated. Auction to be held Saturday, June 27, 1987 at the Public Works Department, Hillsborough; and to consider allowing the UNC Campus Police Department to submit certain evidence or confiscated items for sale at the County's auction. BACKGROUND: General Statute 160A- 270(b) requires this procedure to dispose of surplus personal property. UNC Campus Police Department accumulates a negligible amount of evidence and confiscated items during the course of a year. Sergeant Porreca, Campus Police, has requested that their surplus be included in the County Auction. By Statute proceeds From confiscated or evidence items are distributed to the schools. Since the County must follow the same procedure there would be no increased administrative cost. UNC requests they be included on the 1987 and future annual County auctions. RECOMMENDATION: Adopt resolution; approve the addition of UNC Campus Police confiscated items for County auctions. 166 RESOLUTION WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina state Law, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County, NOW THEREFORE, BE IT RESOLVED THAT: Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of those surplus and confiscated items found on the attached list on June 27, 1987. The auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is highest bidder basis . FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the titles of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of Commissioners to send notice of such authorization to the North Carolina Division of Motor Vehicles and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in the inventory. 1 1 2 1 1 1 1 1 1 4 1 1 3 3 1 1 3 2 2 1 1 1 5 1 7 1 3 2 3 3 3 1 3 1 1 3 1 1 3 1 1 AUCTION LIST WOOD DESK METAL DESK DESK CHAIRS W/ ROLLERS FILE CABINET FILE CABINET TYPEWRITER, ROYAL METAL SHELF FOUR DRAWER GREEN FILE CABINET NCR ADDING MACHINE ROLLS TYPE 15 FELT TEAR PAPER GLASS DOOR W /FRAME HOLLOW CORE DOOR NO FRAME BICYCLES STRAIGHT WOODEN CHAIRS PLASTIC CHAIR UTILITY TABLE METAL CHAIR CUSHIONS SMALL WALL FILES LETTER SIZE AUTHENTIC WOODEN BENCHES BULLETIN BOARD 4"X6' CABINET TABLE, METAL DESK TYPE CHAIRS DESK GREEN FILE DRAWERS BROWN FILE BOX RED CHAIRS SINKS WITH COUNTER TOPS WOODEN DRAWERS OFFICE CHAIRS BUFFERS CHILD'S CHAIR PRISM I TERMINALS INKER OFF MOORS DETACHER SCRIBE PRINTER BOXES MAGNETIC COMPUTER TAPS TAN CHAIR LEATHER DESK CHAIR TAN DESK CHAIRS W /ROLLERS OLYMPIA CALCULATOR COPIER CONFISCATED ITEMS: KADETT L, YEAR UNKNOWN* PLYMOUTH FURY III - 1968* FORD LTD - 1978* OLDSMOBILE CUTLASS SUPREME - 1977* FORD THUNDERBIRD - 1977* BUICK LIMITED - 1973* �b *THESE VEHICLES MUST BE SOLD AS SALVAGE ONLY TO AUTHORIZED SALVAGE DEARLERS. NO TITLES WILL BE ISSUED. CHEVROLET CHEVETTE - 1981 (WRECKED) CHEVROLET VAN - 1974 DODGE VAN -- 1976 CHEVROLET VAN - 1978 17 u CHEVROLET VAN - 1978 CHEVROLET - MALIBU 1983 CHEVROLET - MALIBU 1983 CHEVROLET - MALIBU 1984 CHEVROLET - MALIBU 1984 CHEVROLET - MALIBU 1984 CHEVROLET - MALIBU 1984 UNISONIC AM /FM STERO PORTABLE ELECTRIC TYPEWRITER BROWN WOODEN END TABLES OHAUS SCALES & PLATTER LOCK BLADE KNIFE LEITZ WETZLAR BINOCULARS K -MART AIR FILTER K -MART 40 CHANNEL CB RADIO TMK PORTABLE TV 3 FT. ALUM. STEP LADDER BUTCHER KNIFE OLD HICKORY POCKET KNIFE VACUUM HOSE 5 GAL. CAN HAND PUMP & HOSE 2 BRIDLES & POTS & PANS ASSORTED TOOLS AM /FM CASSETTE RADIO MINOLTA 35 MM CAMERA PAIR BOOTS, 2 BRIDGESTONE TIRES BACKGAMMON GAME POWER KRAFT HACKSAW LYMAN OHAUS PRECISION LOADING SCALES HUFFY BICYCLE WORLD TRAVELER 26" 10 SPEED BICYCLE 3 B60 -13 TIRES WITH WHEELS TILTON CHAINSAW BLUE GIRL'S BICYCLE SCHWINN 10 SPEED BICYCLE MURRAY 10 SPEED BICYCLE TOSHIBA COLOR TV SET OF SCALES & WEIGHTS SEARS ELECTRIC TYPEWRITER M &M INK SCALE & WEIGHTS CROWBAR 17-1 ORANGE COUNTY Action Agendarr BOARD OF COMMISSIONERS Item Ho. l3 ACTION X11 1 ITEM AB'Y *•= 1E iN M - 16,_ 1987 Subject: PUBLIC /PRIVATE PARTNERSHIP BY -LAWS Department: BOARD OF COMMISSIONERS Public Hearing: Yes % no Attachments: Information Contact: Shirl Marshall Phone Numbers: T32--8181, 968 -4501, 227 =023. PURPOSE: To receive comment on final version of Public /Private Partnership by -laws proposed by David Taylor. BACKGROUND: The By -laws are to be adopted by the Steering Committee on 1 July before the general Public /Private Partnership session. RECOMMENDATION: Provide instructions towards adoption. 4 JUN, 1987 MEMORANDUM TO: public/Private Partnership committee FROM: David R. Taylor By-Laws Chair Partnership RE: proposed By-Laws for Public/Private Part DATE: June 2, 1987 Attached is a draft copy Of the proposed By-Laws of the Public /Private Partnership. This document reflects the discussion of our last meeting. Would you please review and forward me your changes by June 17th. This will allow me time to revise the document and have it ready for the July 1 meeting. DRT/kw BY-LAWS OF PUBLIC/PRIVATE PARTNERSHIP ARTICLE I Section 1 - Preamble 17 t! The public/Private Partnership is an association of individuals residing in the State of North Carolina, The association is a voluntary, not-for-profit entity governed by its Board of Directors in conformity with By -laws promulgated by the Board. Section 2 - Name The name of the organization will be the public/Private Partner- ship. Section 3 - Purpose The purposes of the public/Private Partnership shall be to: 1. Provide an interdisciplinary forum for the discu�.s;ion Of issues of importance to the local community. 2. Sponsor meetings and trips designed to expose civic leaders to alternative approaches to various local issues. 3. Develop task forces to address specific topical issues with a view toward the establishment of consensus posi- tions for presentation before appropriate organizations and governmental bodies. 4. Provide opportunities for the community's major leaders to become better acquainted. Section 4 - Limitations The Association is a non-profit organization and no part of the net 17q earnings of the Association shall go to the benefit of, or be distributable to its members, trustees, officers or other private persons, except that the association shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in this Article I hereof; notwithstanding any purposes set forth in this Article I hereof and notwithstanding any other provisions of these By-laws, the Association shall not carry on any other activities not permitted to be carried on by an association exempt from federal income tax under section 501 (c) 3 of the Internal Revenue Code of 1954, or a corresponding provision of any future United States Intera" Revenue Law. ARTICLE II of f ices The principal office of the Association shall be co-located with the Chapel Hill-Carrboro Chamber of Commerce, but the location of such office may be, from time to time, otherwise designated and changed by the Board of Directors. ARTICLE III Directors Section 1 - General Powers The property and affairs of the Association shall be managed and controlled by the Board of Directors. Section 2 - composition; Basic Members The Board of Directors shall be composed of the following individu- als: 1. Chancellor of the University of North Carolina-Chapel Hill and a senior officer of the University appointed by the Chancellor 2. Mayor and Town Manager of Chapel Hill 2 170 3. Mayor and Town Manager of Carrboro 4. Chair, Orange County Board of Commissioners, and County Manager 5. President, Past President, President-Electof Commerce Executive Director of Chapel Hill-Carrboro Chamber 6. Executive Director - North Carolina Memorial Hospital Section 3 - Composition; Additional Members • At the first meeting of the Board after the annual meeting the addonal basic members of the Board will meet to appoinnt as many members as they deem advisable to carry out the goals of the Association. (It i I s anticipated that the past conference chairperon sonthe (sBoard ) and all committee chairpersons will be appointed to serve until the conclusion of the next Conference.) Section 4 - Quorum Seven directors shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, provided that, if less than a quorum of Directors are present at said meeting, a majority of the Directors Present may adjourn the meeting from time to time with further notice- section 5 - Regular Meetings The Board of Directors may fix the times and place for the holding of its regular meetings. No notice of regular meetings shall be required, but members of the Board of Directors not present when the regular meetings re so Provided for, shall be duly notified as to the times and place a fixed for such meetings. Section 6 - special Meetings: Call and Notice Special meetings of the Board of Directors shall be held whenever, called by direction of the President or of three (3) Directors, upon at least ten (10) days prior notice in writing, gven pe-rspn- ally, or by mail or telegraph, which notice shall state the time, place and purpose of the meeting. Section 7 - Annual Meetings The Board of Directors shall designate one of its meetings to be the Annual Meeting. Said annual meeting, normally, will be held 97 17C immediately following the close of the Public /Private Partnership Conference. The time frame between annual meetings may be more or less than twelve months. Section 8 - Meetings held by Consent: Waiver of Notice A meeting of the Board of Directors may be held at any time and place and without notice by unanimous written consent of the Directors or with the presence and participation of all the Direc- tors. Any notice required to be given under this Article may be waived by the person entitled thereto. Section 9 - Committees The Board of Directors may provide for an e cutive committee and for such other committees as may appear necessary for the effective management of the business and affairs of the Association, and to give such committees such powers and duties as ma-y so" proper, and to provide when and how often any such committee shall meet, how its meetings shall be called, and at what times those meetings may be held. ARTICLE IV n;F-F4 nora Section 1 - Executive officers At its annual. meeting, the Board of Directors shall elect a Presi- dent, one or more Vice- presidents, a Secretary and a Treasurer as Executive Officers to manage the affairs of the Association. No officer need be a Director. Any one person, except as foNW4den by law, may be elected to more than one office. Any person elected to office shall hold his office as such until his successor shall have been elected and shall have accepted office. Section 2 - vacancies Any vacancy in any office shall be filled by the Board of Direc- tors. Section 3 -- Terms of office, Removal All officers shall be subject to removal at the pleasure of the Board of Directors by affirmative vote of a majority of the Direc- tors in office. 4 1 7't Section 4 - Powers and Duties of the President The President shall be the chief executive officer of the Associa- tion and, subject to the control of the Board of Directors, shall have general charge of its business and supervision of its affairs. He shall keep the Board of Directors fully informed and freely consult with them in regard to the business of the Association and make due reports to them. In addition to the powers and duties elsewhere provided for him in these By-Laws, he shall sign, when duly authorized thereto, all contracts, orders, deeds, liens, guarantees, licenses and other instruments of a special nature. Subject to the Board of Directors, he shall have such other powers and duties as are incident to his office and not inconsistent with these By-Laws, or as may at any time be assigned to him by the Board. Section 5 - Powers and Duties of the Vice-presidents The vice-presidents, if any, shall familiarize themselves with the affairs of the Association and, in the event of the disability of the President or his absence from any place in which the business in hand is to be done, the vice-presidents in the order designated by the Board of Directors shall have all the powers and perform all the duties of the President. The vice-presidents shall have such other powers and duties as may at any time be assigned to them by the Board of Directors. Section 6 - Powers and Duties of the Treasurer The treasurer, subject to the control of the Board of Directors and together with the President, shall have the general supervision of the finances of the Association. He shall have the care of, and be responsible for, all moneys, securities, evidences of value and corporate instruments of the Association, and shall supervise the 4 officers and other person authorized to bank, handle and disburse its funds, informing himself as to whether all deposits are or have been duly made and all expenditures duly authorized and evidenced by proper receipts and vouchers. He shall cause full and accurate books to be kept, showing the transactions of the Association, its accounts, assets, liabilities and financial condition, which shall at all times be open to the inspection of Directors and the mem- bers, and such statements and reports as are required of him by law. Subject to the Board of Directors, he shall have such other powers and duties as are incident to his office and not inconsis- tent with these By-Laws, or as may at any time be assigned to him by the Board. The Board of Directors may require him to give a bond in such amount and with such sureties as they shall determine. 5 j 17C Section 7 - Powers and Duties of the Secretary The secretary shall cause to be entered in the minute books the minutes of all meetings of all committees, and of the Board of Directors; shall have charge of all books and papers pertaining to his office, and shall be responsible for the giving of all notices, and for the making of all statements and reports required of the Association or of the secretary by law. He shall attest by his signature to all instruments duly authorized and requiring the same. He shall perform such other duties as are incident to his office, and shall have such other powers and duties, in addition to those elsewhere provided for him in these By -Laws, as may at any time be assigned to him by the Board of Directors. Section 8 - Duties of Treasurer and Secretary May be Combined The duties of the Treasurer and Secretary may be combined by simple motion of the Board of Directors. The Executive Director of the Chapel Hall- Carrboro Chamber of Commerce may be designated to serve the combined function. Section 9 - Other Officers The Board of Directors shall prescribe the powers and duties of any other officer of the Association. rAZIV0 01 W Finance Section 1 - Banking All funds and money of the Association shall be banked, handled and disbursed, and all bills, notes, checks and like obligations and endorsements, for deposit or collection, shall be signed by such officers and other person as the Board of Directors shall from time to time designate, who shall account therefore to the Treasurer as and when he may require. All money, funds, bills, notes, checks and other negotiable instruments coming to the Association shall be • collected and promptly deposited in the name of the Association in such depositories as the Board shall select. Section 2 - Fiscal Year The fiscal year of the Association shall be as provided by the Board of Directors. C.1 y n �l ARTICLE VI Miscellaneous Section 1 - Amendments The Board of Directors may adopt and amend the by --laws of the Association from time to time at any meeting properly convened in acccordance with these by -laws. Section 2 - By -Law Adoption These By -Laws are duly adopted by the Basic Board of Directors on July 1, 1987. 7 HOARD OF COM41SSIONM ACTION AGENDA ITE24 :ti u' MUM 1. y June 16, 1987 Subject: APPOINTIMENTS Department: HOARD OF CONNI<MIOHERS Attacbments Under Separate Cover • 1 O Action Agenda Item, Ho. — U-..� Public Hearing: Yes S no Information Contact: Beverly A. Blythe Phone Bumber. s: T32- 81.81, 96.8 - -4501, 227 -0231 PURPOSE: To maintain membership at effective levels an Commissioners' appointed Boards. The following vacancy is announced for the first time: B -4 - COUNTY SENIOR CITIZENS BOARD - 1 vacancy due to resignation of Dr. Walter Patton. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. A -1 - ABC BOARD - 1 vacancy due to resignation of Tom Bacon. A -4 - COMMISSION FOR WOMEN - 5 vacancies due to expiration of terms. Judith Eastman desires to be considered for reappointment. A -5 - ECONOMIC DEVELOPMENT COMMISSION - 4 vacancies. A -8 - OWASA BOARD OF DIRECTORS - 1 vacancy due to expiration of term. Scott Herman- Giddens does desire to be considered for reappointment. A -13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. No recommendation has been received. B -3 - CAPITAL HEALTH SYSTEMS - 1 vacancy due to expiration of term. B -5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 5 vacancies due to expiration of Terms. Paul Leung and Ernie Mills desire to be reappointed. B -22 - LOW AND MODERATE INCOME HOUSING TASK FORCE - 2 vacancies. No resumes have been received. C -8 -• ORANGE COUNTY PLANNING BOARD - 1 vacancy for a Cedar Grove representative. DOGWOOD. ACRES SANITARY DISTRICT BOARD - 1 vacancy. No recommendation has been received. RECOMMENDATION: As the Board decides. TO: Orange County Board of Commissioners FROM: Technical Review Task Force - Telephone Richard A. Helwig, Chair Daryl Dunlap, presenter DATE: Tuesday, June 16, 1987 w TOPIC: Proposed reply to NC Utilities Commission docket P -10, SUB 428 Failure of the Hillsborough Central Office of Central Telephone Company on April 3, as order by the NCUC on June 1, 1987. This reply due June 18th at the Utilities Commission. The Telephone Technical Review Task Force respectfully submits to you its proposal for a reply the North Carolina Utilities Commission, responding to Centel's answer and response to your complaint on its plans for dealing with further failures. Briefly, the entire Central office failed on Friday, April 3, 1987 from 6 :15 pm to 9 :30 pm. The first technician arrived at about 7:30 but did not notice that both the power converter breakers on the two epu's had tripped. The local technicians arrived at about 9:00 pm, noticed the tripped breakers and had the system running by 9:10 pm. Because the operating environment (which phone number rings which line, and what features are installed on that line) had to be down -line loaded from Hickory, full service did not resume until 9:30 pm. Mr. Bobby Baker had trouble getting accurate information and Centel's preparedness plan proved inadequate to deal with the situation. Your initial filing with the NCUC asked Centel to develop a plan in coordination with our Emergency Communications Director. The company, in its response has offered to call our Director (Bobby Baker) when failures occur as they become aware of them. Mr. Baker met with our task force and said he had spoken about and had hoped for an "escalation chart" from Centel so that he could also tell them of problems, and seek higher action and information as required. Since such two -way communication was not in Centel's filing, we recommend that you reply asking for the two major points, 1) the "escalation chart ", and 2) the daily on -call duty roster with names, addresses and phone numbers. We also recommend that you forward the four suggestions for Centel to review and implement on either their own or NCUC initiative. Finally, we are asking that this docket be closed on Centel's acceptance of our two major requests, unless the NCUC wants to keep it open to consider further points as outlined in our original filing and commented on in our proposed reply. We had asked for review of preparedness plans of other telephone companies operating in Orange County, for satisfying any deficiencies found in these plans, and to look at Centel's plans statewide. BRUNSSEN ENGINEERING SERVICES, PA ENGINEERING, KAmING,[ONSULTI^G 36 CHURCHWELL CT. 919/544-1159 DURRAM, NC 27713 June 16, 1987 Marvin E. Collins Orange County Planning Director 306F Revere Road Hillsborough, N.C. 27278 Dear Mr. Collins: In reviewing your interoffice memorandum written on June 12 about the Wildwood Subdivision, the developer is willing to work with the Orange County planning staff to develop a plan that will solve the drainage problems. The drainage problems will be addressed and corrected. In the area that is currently being requested for rezoning, the requirements for subdivision approval are now different than at the time the existing sections were approved. Therefore when developing the stormwater management plan, the items of stormwater and water from_ springs will be specifically addressed. This should preclude what has happened on the lots in Section 1 and II in Wildwood. Sincerely, Acting for the owner Wildwood Corporation 1 , �aT�a,�NA �, ASS STATS -o ff, 6WGB p,MBNi:► , between The North mend the Agreement ange Count al Service5r dac THIS �s t° a Hospital encY Leda for pajame 'na Memorial office of Emexg eimbursemen t This Carob its C rogram• Carolinar for 1986 r concer 5iag rr. provision 1, , ambulance P dated April The HospinCe With the hgrei the runt shall sex ,gicea w is in accoxda n writing exec hie pse.il ens Amendment amendment both parties Q W� i ect�Ve 198 � be eL of the April -` 1• Paragraph amended follows: available ital to read as to The Hosp e CountY.agrees to make and the orang full -time paramedics The Hospital in to as sist the services oof f six two alternates ram• availability its air ambulance Frog implementing Agreement is h 6 of said pre-existing g �, paragraph follows: to read as experience amended to provide a training shall be ital agrees such training flight The Hosp and alternates�f The Hospital s for the paramedics ital further agrees with the training The Hosp consist of in conjunction feasible' flight teams shall nurses to the extent the extent feasibler thatr to and a paramedic. is amended both a nurse Agreement Paragrap h 8 of said pre - existing to read as follows: aramedicsr as identified the services of F e County In return for zees to reimburse prang .n The Hospital ac fringe benefits of six fulle or hexer r agrees to reimburse orange the cost of salaries an further e benefits of Six The Hosp and fringe period paramedics- the cost of salaries the training F as used County for alternates during a benefitsr" and two 6 above. "F ring to the paramedics in paragraph a County's contributions referenced orange Stemr health herein, shall in retirement sY ,.re government employee s death and dismember his _.., �n�P /accidental .._� Ai rS Covered by LEASE AGREEMENT RENEWAL NORTH CAROLINA, ORANGE COUNTY WHEREAS , A lease agreement was made and entered into as of the 29th day of August, 1983 by and between Orange County, LESSOR and Wake - Opportunities, Inc., TENANT , for space to Fe- used as a Day Care Center at the Cedar Grove Multipurpose, N.C. HWY 86 N. WHEREAS , the LESSOR and the. - TENANT wish to -renew the lease agreement. NOW THEREFORE , LESSOR and TENANT mutually agree 'to the following: (1) The lease agreement will be continued for a period of one year commencing on July 1, 1987 and ending at 12 :00 midnight on the day of June 30, 1988. (2) All same. other terms and conditions will remain the This agreed to, the I 0-k- day of I n-L." LESSOR: Orange County By: � /Al Sh r r hall Chair, Orange County Board Of Commissioners rT TENAN 1987. LEASE AGREEMENT C (D RENEWAL NORTH CAROLINA ORANGE COUNTY WHEREAS , A lease agreement was made and entered into as Of the 5th day of July, 1985 by and between Efland Rescue Unit and Efland Volunteer Fire Company, Inc., LESSOR Party of the First Part, and Orange County, LESSEE , Part of the Second Part, for premises known as the Efland Rescue Unit Building in Efland, North Carolina. WHEREAS , the LESSOR and the LESSEE wish to renew the lease agreement. NOW THEREFORE , LESSOR and LESSEE mutually agree to the following: (1) The lease agreement will be continued for a period of one year commencing on July 1, 1987 and terminate at 12:00 midnight on June 30, 1988. (2) All other terms and conditions will remain the same. This agreed to, the 0040ko day of Kj..) 1987. Part olthe First-Part: BY: W.C. Dawkins for Efland Rescue Unit and Efland Volunteer Fire Co., Lessor BY: -r r 14 '-, Jerry W l r, for Efland Rescue Unit and Efland Volunteer Fire Company, Lessor Party of the Second Part: BY:� Shirl Marmuill, Chair Orange County Board of Commissioners LEASE AGREEMENT C(OPY RENEWAL WHEREAS , A lease agreement was made and entered lntiv au of the 29th day of August, 1983 by and between Orange County, LESSOR and Joint Orange - Chatham Community Action, Inc., TENANT , for space to be used as a Community Center as the Cedar Grove Multipurpose Center, Cedar Grove, North Carolina. WHEREAS , the LESSOR and the TENANT wish to renew the lease agreement as amended. NOW THEREFOR , LESSOR and TENANT mutually agree to the following: (1) The lease agreement will be continued for a period of one year commencing on July 1, 1987 and ending at 12:00 midnight on the day of June 30, 1988. (2) All other terms and conditions will remain the same. This agreed to, the I (dam day of.tk4, 1987. LESSOR: Orange County BY: 4� Ohrl all Chair, Orange County Board of Commissioners TENANT : � . ' -- , '%7 / h _ i ® . � ) - Orange- thaw Community Action, inc. W LEASE AGREEMENT ftlmll1oi6lhiit C(DPY WHEREAS , a lease agreement was made and entered into as of the 15th day of November, 1983, by and between Orange County, LESSOR and The Community School for People Under Six, TENANT , for space to be used as a Day Care Center at the Northside Multipurpose Center, Chapel Hill, N.C. WHEREAS , the LESSOR , and the TENANT wish to renew the lease agreement as amended. FoW . _.T!i.�P.E.�'O��' ?.,ETenR . - �r �. -- TEN - A_T?T - mutualZ.r....agres ..to . the following:--- (1) The lease agreement will be continued for a period of one year commencing on July 1, 1987 and ending at 12 :00 midnight on the day of June 30, 1988. (2) The Lessor's monthly utility charge shall be $325.00 per month. (3) All other terms and conditions will remain the same. This agreed-to, the 1644U LESSOR: r�orange Coun y BY: - Shims arshall Chair, Orange County Board of Commi sioners ATTEST: n TENANT: p`4Ci-v?- The Community day of JM.tl 1987. �s Pu6 People Under S x -, RESOLUTION IN SUPPORT OF THE FORMATION OF AN ORANGE COUNTY HUMAN RELATIONS COMMISSION WHEREAS, recent events in Orange County have created the risk of increased racial and ethnic tension, and WHEREAS, forces from within and outside Orange County have attempted to polarize groups of Orange County citizens, and WHEREAS, the citizens of Orange County consider these attempts at polarization to be deplorable, and WHEREAS, the image presented by this limited group does not adequately represent the views of the citizens of Orange County, and WHEREAS, the Orange County Board of County Commissioners which represents the citizens of Orange County desires to encourage mutual understanding and fair treatment of all citizens, and WHEREAS, the Orange County Board of County Commissioners desires to encourage actions which reduces tensions among groups of citizens in Orange County, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby adopts a plan to form an orange County Human Relations Commission to seek these objectives and encourages the cooperation of all County residents, and BE IT ALSO RESOLVED that the charge, composition and duties of the Commission shall be consistent with that attached to this resolution. IN WITNESS THEREOF, as Chair of the Orange County Board of Commissioners, I have hereunto set my hand and affixed the Seal of the County of Orange this sixteenth day of June in the year of our Lord nineteen hundred and eighty - seven. Shirley arshall, Chair Board of Commissioners PURPOSE DUTIES The shall be ORANGE COUNTY HUMAN RELATIONS COMMISSION 1. To study problems of discrimination and encourage fair treatment through mutual understanding. 2. To isolate practices which are most likely to create tension among racial, ethnic, religious and other groups and seek solutions to such tensions. 3. To serve as advisory to the orange County Board of Commissioners in seeking and implementing programs for community improvement in the area of human relations. duties of the Orange County Human Relations Commission as follows: 1. To study and make recommendations concerning problems in any or all fields of human relationship and encourage fair treatment and mutual understand- ing among all racial, ethnic, religious and other groups in Orange County. 2. To anticipate and discover those practices and customs most likely to create animosity and unrest among citizen groups of Orange County and seek solutions as these problems arise. 3. To make recommendations to the Board of County Commissioners as appropriate designed to promote good will and harmony among racial, ethnic, religious and other groups in the County. 4. To seek and enlist the support and cooperation of various groups in orange County in order to achieve the goals of the Commission. 5. To monitor complaints involving discrimination based on race, religion, color, national origin or sex or sexual orientation through a process approved by the Board of County Commissioners. 6. to enlist the cooperation of various racial, religious, ethnic groups, community organizations and other groups in Orange County in programs and campaigns devoted to eliminating group prejudice and discrimination. 7. To hold such meetings as the Commission deems necessary in carrying out its functions. 8. To organize itself properly so as to facilitate its role and responsibility. 9. To perform such other duties as may be assigned it from time to time by the Board of County Commis- sioners. COMPOSITION The Commission shall have 17 members who shall be appointed by the Board of County Commissioners for three year terms. Any citizen of Orange County is eligible for appointment. The Board of County Commissioners may appoint one student repre- sentative from each high school in Orange County. TERMS Members may serve a maximum of two consecutive three year terms. MEMORANDUM OF LAW FOR THE ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS CONCERNING PROPOSED CHANGES IN THE CABLE TELEVISION ORDINANCE AND FRANCHISES FOR ORANGE COUNTY Prime Cable Income Partners L.P. doing business as Carolina Cable Randall M. Roden Tharrington, Smith & Hargrove 209 Fayetteville Street Mall Post Office Box 1151 Raleigh, North Carolina 27602 Telephone: (919) 821 -4711 Memorandum Of Law For The Orange County Board Of County Commissioners This memorandum of law is submitted on behalf of Prime Cable Income Partners L.P., doing business as Carolina Cable, and concerns the proposed changes in cable television policy currently under consideration by the Orange County Board of County Commissioners. As a preliminary matter, before discussion of any proposed changes in the ordinances or franchises for cable television in Orange County, it is important to understand the nature of the relationship between the County and the franchised cable company. Counties in North Carolina have limited powers. Their authority to legislate or take other actions is provided by express grants of authority from the State, and the scope of county authority is limited by the terms of the grant of power from the State. High Point Surplus Co. v. Pleasants, 264 N.C. 650, 654 (1965) . I. County Authority Over Cable Television Is Provided Only Through The Contractual Obligations Of A Franchise And Not Through A General Grant Of Legislative Power Apart from the general police powers, which apply equally to all businesses or citizens, counties in North Carolina have not been given general regulatory authority over cable television. Rather, the only authority given to counties is the power, pursuant to N. C. Gen. Stat. S 153A -137, to issue cable television franchises. The statute provides that franchises shall be granted "upon reasonable terms" and shall be "[c]onsistent with the rules and regulations of the Federal Communications Commission." Thus, the County has not been given general authority to legislate regulations governing cable tele- vision, but has rather been given only the power to grant franchises "upon reasonable terms." The reason that counties are given the legal power to grant cable franchises is that cable television systems must make use of public rights of way for the cables necessary to carry signals to their subscribers. The franchise is the legal grant of permission for the private cable company to make use of those public facilities. In all other respects, cable television is a medium of expression, protected from government regulation by the First Amendment to the United States Constitution. In other words, the County has no more power or authority to regulate the local cable company than it has to regulate the local newspaper. In a series of federal court decisions over the last several years, including a decision affirmed by the United States Supreme Court, the courts have held that cable television is an activity protected by the First Amendment and have invalidated government regulations that were not related to the government's legitimate - 2 interest in controlling use of the public's rights -of -way. E.g., Preferred Communications Inc. V. City of Los Angeles, 106 S.Ct. 2889 (1986); Quincy Cable TV, Inc. v. FCC, 768 F.2d 1434, 1443 (D.C. Cir. 1985) cert. denied sub. nom. National Ass'n of Broadcasters v. Quincy Cable TV, Inc., 106 S.Ct. 2889 (1986). II. The Cable Television Franchise Held By Carolina Cable Is A Contract Which Can Only Be Modified By The Agreement Of Both Parties Cable television franchises issued by counties in North Carolina take various forms, but regardless of the title or form of the legal documents, the nature of the legal relationship is the same. A franchise is a contract. The grant of a franchise by a county and the acceptance of the franchise by the cable company creates a contract which imposes legally binding obligations on both parties to the contract. See Victory Cab Co. v._ City of Charlotte, 234 N.C. 572 (1951); 36 Am.Jur. 2d, Franchises, S5 6, 27 (1982); 37 C.J.S., Franchises, Sec. 8. Notwithstanding the fact that one of the parties to the contract is a governmental entity, the terms of a contract can be altered, amended or modified only with the agreement of both parties. In the case of the cable television franchise for Orange County, the contract is set forth in a series of - 3 - legal documents. The first of these is the original "Orange County Cable Television Ordinance," adopted December 3, 1979, and amended November 24, 1980, and February 23, 1981, (the "Enabling Ordinance "). The second document forming a part of the contract is "An Ordinance Granting A Franchise To Village Cable of Orange County, Inc. To Construct And Maintain A Cable System Within The Unincorporated Areas Of Orange County, North Carolina" (the "Franchise Ordinance "). The Franchise Ordinance incorporates both the Enabling Ordinance and the Village Cable "proposal dated October 10, 1980" as part of the franchise. On February 25, 1981, the franchise became a binding contract when Village Cable signed the written acceptance and delivered it to the County. The terms of the contract between the County and Village Cable were fixed on February 25, 1981. With the consent and approval of the County, the franchise was subsequently assigned by Village Cable to the current grantee, Prime Cable Income Partners, L.P., doing business as Carolina Cable. Carolina Cable and the County are now mutually bound by that contract. The obligations of the parties under that contract can only be modified by mutual agreement. The adoption of an ordinance by the County, unless accepted or otherwise agreed to by Carolina Cable, cannot "amend" the contract between the parties. For that reason, any changes enacted by the Board in either the Enabling Ordinance or the Franchise Ordinance would not be 4 binding on Carolina Cable. The franchise agreement with Carolina Cable incorporated the then-existing ordinances. The acceptance of that agreement does not subject the grantee to other ordinances subsequently passed by the County, and as previously explained, the County does not have the general authority to control cable television through legislation. The County's authority is derived from the franchise. III. The County Can Grant The Same Franchise Rights And Obligations To Others, But All Grantees Must Be Treated Equally The franchise held by Carolina Cable is a nonexclusive franchise. The County made no promise not to grant the same rights to other companies to do business in the county. However, through its ordinances and the initial franchise, the County has established terms and conditions for providing cable television service in Orange County. By law, governmental privileges and obligations must be applied equally. Any new cable operator must be required to meet those same obligations imposed by the County on Carolina Cable. The County may not use its power to give one company a competitive advantage over another company by imposing different standards of service for the two companies or by imposing requirements on only one company that increase the costs for that company of providing service. - 5 - The United States and North Carolina constitutions guarantee all persons "the equal protection of the laws." It is a fundamental concept of equal protection that competing businesses must be treated the same by the government. As stated by the United States Supreme Court in Barbier v. Connolly, 113 U.S. 27, at 31 (1885): The 14th Amendment, in declaring that no State 'Shall deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protec- tion of the laws,' undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbi- trary spoilation of property but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should be equally entitled to pursue their happiness and acquire and enjoy property . . . that no Lm pediment should be interl2osed to the pursuits of any one .except as apl2lied to the same pursuits by others under like circumstances; that no greater burdens should be laid upon one than are laid u on others in the same calling and condition [Emphasis Wd-d d.] The same basic precept has been stated time and time again by the courts. In Cotting v. Godard,-183 U.S.79, at 113 (1901), a case involving fees for use of a stockyard, the Supreme Court stated the rule this way: "[E]qual protection is denied when upon one of two parties engaged in the same kind of business and under the same conditions burdens are cast 'which are not cast upon the other." The County has now proposedo at the request. of Alert Cable, to reduce the quality standards for cable service - 6 - in the county to suit the plans of Alert Cable, and has also proposed to grant a franchise to Alert Cable with significantly reduced obligations for construction of cable plant and extensions of service. Those proposals are both unwise and unfair. IV. The Proposed Changes In The Existing ordinance and Franchise Reduce Both The Level and Quality Of Service To Be Required Carolina Cable's predecessor was required by the County to serve all areas of the county with fully activa- ted two-way communications service. The County proposes to allow Alert to provide service in the county without meeting that requirement. This is no small matter. The difference in cost between the cable facilities that Carolina Cable and its predecessor have constructed and the cost of the facilities proposed by Alert is hundreds of thousands of dollars. In the next 90 days, Carolina Cable has scheduled construction of 35 miles of new cable plant. If that plant were built to the specifications proposed by Alert rather than to current franchise specifi- cations, Carolina Cable would save approximately $35,000 in construction costs alone. Two-way facilities are more expensive to construct and to operate. One of the reasons Carolina Cable's �M predecessor was selected for the original Orange County franchise, over other competing applicants including Alert Cable, was its willingness to build a two-way system. Two-way plant is essential if the cable company is going to provide on-the-spot coverage of local events. Without two-way plant, for example, it would not be possible to cover public meetings or other events in the county, unless the events take place at the cable studios. Two-way transmission facilities also make possible a wide range of communications services, particularly data transmission services, that may be widely used in the future, but only in those areas that have the necessary transmission facilities. The Research Triangle Area has an extraordinarily large number of persons with advanced educational degrees, as well as other individuals engaged in high-tech research activities. Home computers are now commonplace in this area, although that was unthinkable only a few years ago, and new software and new uses of such computers are developed almost daily. At present, most out-of-the-home communications through a home computer are made by using telephone lines. However, the time and expense involved in using telephone lines for this purpose has made it generally undesirable. Use of the coaxial cable facilities of the cable television company dramatic- ally improves the speed and lowers the cost of such service. The cable company is the only potential competitor with the telephone company in providing these services, IMPM '4 but a two -way communications network is necessary to make this a reality. The County and Carolina Cable have already made an enormous investment in the future by constructing an extensive two -way system. It would be a serious mistake for the County to abandon that course now. The largest portion of the investment has already been made. The incremental cost of continuing to build on that system, and of preserving those future opportunities, is money well spent. Perhaps more importantly, an active two -way plant offers significant current benefits in terms of signal quality and local origination capability. The only "citizen" who appeared and spoke to the Citizens Advisory Committee happened to be someone who worked with public television stations in the area and he was emphatic about the consistently superior signal provided by Carolina Cable in contrast to Alert. The County's advisors can confirm for you that there is an increase in the quality of signal that comes with the two -way system. This is a tangible, current benefit to all subscribers. There is no reason for the County to force them to settle for less. Q The Proposed Changes Will Not Require Service To Any Areas Not Currently Served By Carolina Cable Or Required To Be Served Under The Existing Franchise Given that the proposed changes will significantly lower the requirements and standards for cable service in the county, what is the benefit that justifies this abrupt change in policy? The County's hope apparently is that reducing the requirements will speed construction and result in service to new areas of the county sooner than might otherwise occur. This hope is not based on any study or survey of projected areas to be served, it is based entirely on guesswork. The theory apparently accepted by the County is that the mere grant of a second franchise will create competition that will inevitably result in faster construction. The flaw in the County's plan is that it overlooks the fact that Carolina Cable already has financial incen- tives, as well as a franchise obligation, to serve all areas of the county where cable service is economically feasible. This means that if the County succeeds in forcing construction of new areas before there is adequate population density, the existing subscribers will have to absorb the increased construction costs and will in effect be subsidizing service to these new subscribers. This is not sound development policy and represents an abandonment of the course previously charted by the Board for orderly development of the franchise area. - 10 - By requiring service to all areas of the county, but excluding areas that did not meet the required 30 homes per mile population density, the County allowed the cable system to grow as the population grew. with the increas- ingly rapid population growth of the county, the existing requirements are producing extensive construction at an ever- increasing pace. There is little more that can realistically be expected. Moreover, to the extent that additional speed is gained, it will be at the expense of current subscribers through increased cost, reduced efficiency and deterioration of overall quality. This plan to revise the County's policies for cable television is not being considered at the request of residents of Orange County -- or even at the request of County officials -- it has been proposed by another cable company that wants to expand its service area. Considering that the County itself determined that Alert's proposal and commitment to Grange County did not merit a franchise at the time the initial franchise was granted, and that the Town of Hillsborough recently delayed action on Alert's request for renewal of the Alert franchise, it is difficult to understand why the County insists on jeopar- dizing the genuinely superior cable service it currently has. - 11 - VI. The Changes Proposed By Alert Will Give It An Unfair Competitive Advantage The proposals currently before the Board for considera- tion would definitely give Alert Cable an unfair advantage. One major discrepancy that has already been discussed is that Alert does not propose to build a two -way active system in the county. Recognizing the enormous unfairness of requiring Carolina Cable to continue to operate and expand its existing two -way system while allowing Alert to build and operate a lower cost system, it has been suggested that this problem can be solved by dropping the two -way requirement for both companies. As explained earlier, we think eliminating two -way facilities would be a fundamental mistake in terms of reduction of service and quality to subscribers. In addition, that simple solution does not come close to putting the two companies on an equal footing as far as investment and expense is concerned. There is, of course, no way to recover the hundreds of thousands of dollars already invested in the existing two -way plant. The additional cost of having maintained a two -way system in operation until now will also be unrecoverable. There will be additional problems for Carolina Cable as well. The "upstream" or return channel equipment would simply have to be abandoned in place -- left to deteriorate beyond hope of repair and taking with it the future - 12 - potential for data transmission service, live remote transmissions and other expanding opportunities that will arise from technological advances. Another major inequity in the proposal is that Alert would not be required to make the kind of construction and service commitment to the County that was required under the Carolina Cable franchise. That franchise required construction of 160 miles of cable in 18 months. The Alert franchise proposal has only one small 7.2 mile area of required construction. The only way that the two companies' obligations can be regarded as comparable, let alone equal, is to require that Alert be required to build a significant distribution network throughout the county (an initial build of "trunk" cable sufficient to serve all areas of the county) and that Alert then have the same obligations to extend service that Carolina Cable has under its franchise. The most recent draft prepared by the County Attorney has eliminated any meaningful obliga- tion that Alert construct a competing system in the county by giving them a six year period to construct even the most basic trunk lines for such a system. This provision is essentially an admission by the County that it does not intend to require Alert to provide county -wide service, but will simply allow it to expand its existing system into the county whenever it chooses. Alert proposes to make only extensions from its existing plant that meet the density requirements and are =99M not served by Carolina Cable. For the most parts those areas are either already served by Carolina Cable or are scheduled for immediate construction. We are not aware of area in the county that Alert will be required to serve under this proposal that Carolina Cable is not already serving or will not serve after its current construction program is completed. More importantly, there are no areas that Alert proposes to serve, as far as We can determine from the information provided, that Carolina Cable is not obligated to serve under its existing franchise. Thus, the area in the county served by cable is not being expanded -- no new service is being required -- but some of the existing service area will have two companies serving it, although with lower quality standards than previously required. CONCLUSION The proposed changes in- cable television policy in Orange County are not an "improvement" of any kind, but represent a major step backward. Even more sadly, this scaleback of service is not necessary. It was not Prompted by failure of the existing cable television policy or the inability of the current cable company to provide top- quality cable service. Rather the change is being urged as a deliberate policy choice to settle for less in order to allow another company to serve a small portion of the - 14 - county if it wants to. Orange County deserves better and we hope the Board of County Commissioners will not miss this important opportunity to hold out for the best cable service possible. A mistake at this point could take easily ten years or more to correct. Respectfully submitted, THARRINGTON, SMITH & HARGROVE RaAdla,ll M. Roden THARRINGTON, SMITH & HARGROVE 209 Fayetteville Street Mall Post Office Box 1151 Raleigh, North Carolina 27602 Telephone: (919) 821-4711 - 15 - ACnON NOTICE OF GRANT AWARD Under aulhol ity of P.L. 93-113, Title II, Part A snd eubj.et to partlnrrtt LrpWrtlos►. Rrpulatlon rrld Policlar applicable to:--, National Older American Volunteer Programs _...__ prWam Tlrb itow CaaMog or fad wW Oamsst c Anksonc ) 1, PROJECT TITLE 2. CF DA N, _� n__s_ .■_Y. n....,.�... 72. 00. 3. GRANTEE ORGANIZATION 4. GRANT NOJBUDGET PERIOD 6. AMEND.. o, Orange County 440-476810 County Government 8. B E. From M M D D Y Y Thru M M D Y Y IR 106 E. Margaret Lane Conspept 7. B E G I N S PERIOD M M D D Y Hillsborough, NC 27278 07 01 '2 g - 4 37 219 0 2 - Renwal 1=__J $ 4. Revision Data C+%de Kay Huey 6 - Augmentation 14. VOLUNTEER INFORMATION u4r.- Ji 87C0000066 No. of VoluntaersBudgeted 16. EMPLOYER I.D. NO. 17. VENDOR COC;: 56- 6000327 �$ Estimated VoluntmManhouts 58_000_ 18. GRANTEE GRANTEE DESCF TOR TYPE �y 7p t (..� of 21. TOTAL FEDERAL AMOUNT AWARDED PROJECT PERIOD 23. FAADS • FEDERAL ASSISTANCE AWARD C 'LTA SYSTEM w 111x. A. FodwW i5 Q y 34,)20 m 21 C. State D. Local Current Budget Period $ 0 2 3 B. Amount of This Award $ 24.7715-00 F. TOTAL 7 B D 1Q 11 12 19 14 16 18 17 18 19; 11211221231,24 1. Federal Share (A, B. C- D.1.) x6 G $ 210928 - 1,01 2. Non-Federal Share 1 jjjjj2]0j2j t $ s E. Total Approved Current Budget (D.1 and 2 -E) S 59-695-00 100 $ i $ Under aulhol ity of P.L. 93-113, Title II, Part A snd eubj.et to partlnrrtt LrpWrtlos►. Rrpulatlon rrld Policlar applicable to:--, National Older American Volunteer Programs _...__ prWam Tlrb itow CaaMog or fad wW Oamsst c Anksonc ) 1, PROJECT TITLE 2. CF DA N, _� n__s_ .■_Y. n....,.�... 72. 00. 3. GRANTEE ORGANIZATION 4. GRANT NOJBUDGET PERIOD 6. AMEND.. o, Orange County 440-476810 County Government 8. B E. From M M D D Y Y Thru M M D Y Y IR 106 E. Margaret Lane Q7 0197 Q6 10 RR 7. B E G I N S PERIOD M M D D Y Hillsborough, NC 27278 07 01 '2 COUNTY a. CONGRESSIONAL DISTRICT 9. STATE 10. CITY 11. COUNTY 12. TYPE OF 1 • New GRANT 4 37 219 0 2 - Renwal 1=__J $ 4. Revision 13. NAME OF PROJECT DIRECTOR Kay Huey 6 - Augmentation 14. VOLUNTEER INFORMATION 15. STATE APPLICATION IDENTIFIER 475 87C0000066 No. of VoluntaersBudgeted 16. EMPLOYER I.D. NO. 17. VENDOR COC;: 56- 6000327 30443F-5 Estimated VoluntmManhouts 58_000_ 18. GRANTEE GRANTEE DESCF TOR TYPE 19. APPROPRIATION NO 211. ACCOUNTING CLASS. CODE 4470103 87-74-410 2- 172 (..� of 21. TOTAL FEDERAL AMOUNT AWARDED PROJECT PERIOD 23. FAADS • FEDERAL ASSISTANCE AWARD C 'LTA SYSTEM s 148,010.00 22. A. FodwW 5 2 , ;' 7 5 AWARD COMPUTATION B. Applicant 34,)20 A_ Amount Previously Awarded C. State D. Local Current Budget Period $ 0 E. Other B. Amount of This Award $ 24.7715-00 F. TOTAL : 59 .95 C. Carry-curt from Preceding CURRENT APF'�t!DVED BUDGET _ 1L Vrlrllteer 8tlpport Ellpurtat VaMaiwr Exprw Indirect am Cord Budget Period S D. Current Approved Budget: 1. Federal Share (A, B. C- D.1.) s 24,77 .00 42 $ 210928 i 2,847 $ 0 2. Non-Federal Share s 34 920.00 t $ s E. Total Approved Current Budget (D.1 and 2 -E) S 59-695-00 100 $ i $ 24. REMARKS 25. 26._ APAFLPED MMDDYY Data 04 29 87 Oflidal d of Commissioners Grant%Ofthm Nell H. Phelp- ACTION -Reg on V mrse) Orange Count rcrantre o11j1I ►KaLiavl) Pape 1 of %CTION FORM A16.1 I Rev. 8/81) r`4 qL - .....ra ' _ Via• -. rector 2 4, 600 1 100 s t /Bkkpr /Sec 16,788 100 r-k Study Student 1,013 40 ]TAL PERSON L EXPENSES S 42, 401 98 % HINGE BENEFITS 1 GRANTEE STAFF LOCAL TRAVEL i GRANTEE STAFF LONG OISTANCE TRAVEL =PMENT JP'PLIEB 7NTRACTUALSERVICE Cammunkslions T —� PrintlnE SWp -- !DIRECT COSTS JTAL VOLUNTEER SUPPORT EXPENSES DLUNTEEII EXPENSES :RSONNELEXPENSES Stipends IZ-9 Allarvsnes End of Service Allwwtancs Pond and Loom Allowance RINGS BENEFITS Masts F ICA Uniforms Insurence Other: RAVEL QU1PMENT - -" '.JPPLIES ONTRACTUAL SERVICE THEN Recognition TOTAL VOLUNTEER EXPENSES $ T24,600 13,690 1 10,910 16,788 8,238 8,550 405 -0- 1 405 1 fl 0 :1 037 .1 2,847 I 1q. 10.7 M 29,496 1 234 i TOTAL COSTS B ,-._. 'ANT 440 - 4768006 RRCEMTAOE 100!1 41.5 58 NO. OLVgTlBI11 STIISNIaTMt . , J AsMlNO. NO+ Nn tr 14, 000 14 200 q —�.._ 2nd 41r _ r Srd qtr ' E ORGANIZATION Orange Cow t-y i +i�wn�aQ�liJr a �iFiS IF 475 201 475 311 - 475 4.0 475 Aver.--475 . Hour FE -3 ct/Vol$52.16 of PCRM A. 16.2 PA 11 PART 1 - BUDGET PLAN PLUNTEER SUPPORT EXPENSES RANTEE PERSONNEL (PENSES Irl (71 % Time 131 - 1.{�. Annual Spent on Tow Fodtr+M _ lI• Salary Pia)act Cost Funds Nan -FeMrd Rawtep NerrFWor ftewased Rasauren rector 2 4, 600 1 100 s t /Bkkpr /Sec 16,788 100 r-k Study Student 1,013 40 ]TAL PERSON L EXPENSES S 42, 401 98 % HINGE BENEFITS 1 GRANTEE STAFF LOCAL TRAVEL i GRANTEE STAFF LONG OISTANCE TRAVEL =PMENT JP'PLIEB 7NTRACTUALSERVICE Cammunkslions T —� PrintlnE SWp -- !DIRECT COSTS JTAL VOLUNTEER SUPPORT EXPENSES DLUNTEEII EXPENSES :RSONNELEXPENSES Stipends IZ-9 Allarvsnes End of Service Allwwtancs Pond and Loom Allowance RINGS BENEFITS Masts F ICA Uniforms Insurence Other: RAVEL QU1PMENT - -" '.JPPLIES ONTRACTUAL SERVICE THEN Recognition TOTAL VOLUNTEER EXPENSES $ T24,600 13,690 1 10,910 16,788 8,238 8,550 405 -0- 1 405 1 fl 0 :1 037 .1 2,847 I 1q. 10.7 M 29,496 1 234 i TOTAL COSTS B ,-._. E 24 775 E 34,686 234 RRCEMTAOE 100!1 41.5 58 7e ° OLVgTlBI11 STIISNIaTMt J st1111410d Valunwaf ftnnhaun! Nn tr 14, 000 14 200 q —�.._ 2nd 41r _ r Srd qtr 15 600 14 200 Ff �- Cost er - — ,il qv c i +i�wn�aQ�liJr a �iFiS IF 475 201 475 311 - 475 4.0 475 Aver.--475 . Hour FE -3 ct/Vol$52.16 of PCRM A. 16.2 PA 11 Pap 31 of w PART II - CONDITIONS NEW AND CONTINUATION ACTION PROJECT GRANT AWARDS GRANT NO. 440-4768/06 AMEND. NO. This grant award, consisting of PART I — BUDGET PLAN and PART II — CONDITIONS, will be administered in accordance with the followiVdocuments which are hereby incorporated by reference: 1. Grant Application dated __ _ _— _ _ 03 -1 T —R7 _ as negotiated. 2. Grants Management Handbook for Grantees, ACTION Handbook 2650.2. ct I:'.UI - ;t alli,kl 1-11-s „I (',..Id tic I I. I I I A t I 3. q Sponsor's Handbook 4405.92 Conditions Checked are Applicable to this Grant: W 912. 03 ( ❑ 5. r�1 11 The budget shown on Page 2 of this award provides a detailed budget breakdown of the grant award. All expenditures shall be based upon this approved budget. Request for funds will be submitted on Standard Form 270, "Request for Advance or Reimbursement" in an original and two (2) signed copies. (See Chapter 9 of ACTION Handbook 2650.2.) The executed copy of the "Notice of Grant Award" must be signed and returned by the grantee to the Grants Officer before any funds can be provided. Immediate return of the executed Notice of Grant Award copy and Request for Advance or Reimburse- ment will expedite the receipt of funds. Grantee will report quarterly disbursements on ACTION Form A. 451 "Financial Status Report" in an original and two (2) signed copies within 30 days of the end of each fWal.quarter (June 30, September 30, December 31. March 31) and the final within 9Mays of the close of the grant budget period. (See Chapter 10 of ACTION Handbook 2650,2.) Grantees will • submit an original and two (2) signed copies of Standard Form 272, Federal Cash Trans- actions Report, no later than 15 working days follow- ing the end of each quarter. (See Chapter 10 ACTION Handbook 2650.2.) The Grantee shall be entitled to reimbursement for costs incurred on or after which if incurred after this grant has been entered into would have been reiinbursablc under the Perms of this grant. IXj 12. All property and equipment purchased under grant # is to be transferred to this grant. ACTION Form A-16 (Rev. 8/81) Page 3 of 3 ❑ 6. Stipends cannot be reduced without pr or written approval of ACTION. 117. Specific written approval for lease or p irchase of vehicles is required by ACTION. ❑ 8. The grantee's authorization to p -chase a vehicle is limited to a(n) (inF -t type) vehicle. Th,.' purchase price shall not exceed E U9. Unexpended funds from prior budget pe ',,)d should be applied to reduce the amount of the fl. t advance. The amount of the unexpended balaw and the computation of how it will be applied should be explained on the "Request for Advanc, or Reim- bursement", Standard Form 270. W 10. The ACTION Project Manager for th; grant is Robert Winston (name) -Raleigh, NC , telephc -te number (office) 1 9) 856-4731 . The Project h Hager has full authority to represent ACTION in )nnection with management of the technical and pry ;rammatic Performance of the grant. He /She is not '.uthorized to change the terms and conditions, estin, ted costs, or period of performance, or to give approvals, written or verbal, specifically reserved for `te Grants Officer. OX 13. Recipients shad maintain advances of I •deral funds in interest bearing accounts. Interest earned on ACTION Federal, advances ,rdeposited in su ) account; shatt be remitted proiaptly, but at leas quarterly, to ACTION. Interest amounts of up to $ 10 per year may be retained by the recipient for ad inistrative expense. FORM OF CONSTRUCTION CONTRACT (ALL PRIME CONTRACTS) THIS AGREEMENT, made the 16th day of .Lune in the year of 19 87 by and between Crain and Denbo, Inc., Durham, NC 27704 hereinafter called the Party of the First Part and the County of Orange, North Carolina, hereinafter called the Party of the Second Part. WITNESSETH: That the Party of .the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Specifications, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's Compensation, Public Liability, Property Damage ad Builder's Risk insurance Certificates, and Drawings, entitled Lake Orange Spillway Flashboard System: Consisting of the following sheets: (1) Cover Sheet, (2) Plan & Sections, (3) Miscellaneous Dated: February 28, 1987 and the following addenda: Addendum No. Addendum No, Addendum No. Dated Dated Dated Addendum No. I Dated Addendum No. Addendum No. Addendum No. Dated Dated Dated Addendum No. Dated 2. That the Party of the First Part shall, commence' work to be performed under this Agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within sixty (60) consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in General Conditions. , The Party of the First Part, as one of the considerations for the awarding of this Contract, has furnished to the Party of the Second Part a Construction schedule setting forth planned progress of the building broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Party of the First Part, or in the event the work is not completed within the time above specified, the Party of the Second Part may upon fifteen (15) days notice, sent by Registered Mail, to the Party of the First Part and his Surety, declare this Contract in default, and, thereupon, such Surety shall promptly FOCC -1/3 take over the said work and complete the performance of this Contract in the manner and within the time above specified, and all funds due or, to become due to the Party of the First Part shall be paid to the Surety. In the event the Surety shall fail to take over the work to be done under this Contract within fifteen (15) days after being so notified and notify the Party of the Second Part in, writing, sent by Registered Mail, that he is taking the same over and stating that he will diligently pursue and complete the same, the Party of the Second Part shall have the right to let the work remaining to be done to some other Contractor, either by public letting or negotiations and thereupon the Party of the First Part, the Contractor, and the Surety on his Bond shall forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain on account of such default on the part of the Party of the First Part. 3. The - Party of the Second Part hereby agrees. to pay to the Party of the First Part for the faithful performance of this Agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: twenty -one thousand nu* hundred seventy eight dollars Summary of Contract Award:- Lake Orange Spillway Flashboard System 4. On or before the 20th day of each calendar month, the Party of the Second Part shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%), of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance. with this Agreement and until such work * has been accepted by the Second Party. The Second Party may elect to waive 'retainage requirements after 50% of the work has been satisfactorily completed on schedule as referred to in Article 30 of'the General Conditions. 5. Upon submission by .the First Party of evidence satisfatory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in ' connection with the construction of the work has been paid in full, final payment on account of this Agreement shall be made within thirty (30) days after the completion by the First Party. of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance, the Second Party shall deem the Surety or Sureties upon such Bond to be unsatisfactory, or if, for any reason, such Bond ceases to be FOCC-2/3 o,- -. adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional Bond or Bonds in such form and amountiand with such Surety or Sureties as shall be satisfactory r to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. IN WITNESS Agreement on five (5) or accounting Contract. Witness: WHEEOF, the Parties hereto have executed this the day and. date first above written in counterparts, each of which shall without proof for other counterparts, be deemed an original (Proprietorship or Partnership) Crain and Denbo, Incorporated Contractor: (Trade o orporate N By: H. S. Crain, Jr. Attest: (Corporation) Title: President (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: (OZ E. R. benbo�-� secretary :.(Corp. Sec. or Ass1t. Sec. only) (CORPORATE SEAL) Orange County Board of.Commissioners Witness: WrM1_ -0 MW AMM.- A • ,�. Mil FOCC-3/3 AGREEMENT BETWEEN COUNTY OF ORANGE and - copy ORANGE FAMILY MEDICAL CENTER ' RENEWAL I i�uil WHEREAS, an agreement day of July, 1985 by referred to as the "C, hereinafter referred Provision of primary Jail. was made and entered into as of the 1st and between Orange County, hereinafter Runty" and Orange Family Medical Center, to as "Health Authority" for the medical services for the Orange County WHEREAS, the COUNTY and the HEALTH AUTHORITY wish to renew the agreement as amended. NOW THEREFORE, the COUNTY and the HEALTH AUTHORITY mutually agree to the following: l.) The'agreement will be continued for a period of one year commencing July 1, 1987 and ending at 12 :00 midnight on June 30, 1988. 2.) Section E. lA shall be amended to read "Six thousand dollars six hundred per annum to be paid in equal monthly installments of $550 each. This compensation is for all services described in this agreement performed by the Health Authority during this normal business hours including the sick calls and other visits to the jail, the office of the Health Authority or such other health care facility selected by the attending physician pursuant to Section A of this agreement. The Health Authority will not be responsible for billing any non - county agency for services rendered to non -- county prisioners." FOR AND ON BEHALF , OF ORANGE COUNTY Shir shall, Chair Orange county Board of Commissioners FOR AND ON BEHALF OF HEALTH AUTHORITY 9 &W . Robert L. Ellis Orange Family Medical Center r 7 •� Date of Signature Date of Signature This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. C Director of F3iince Orange County RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the gcqMLe (herein called the "PHA ") proposes to enter into an Annual Contributions Contract (herein called the "Contract ") with the United States of America, Department of Housing and Urban Development (herein called the "Government "). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A -2903 , is hereby approved and accepted both as to form and substance and the Chair of Bd of Commissioners is hereby authorized and directed Title of Officer to execute said Contract in triplicate on behalf of the PHA, and the Clerk to Bd of Commissioners is hereby authorized and directed to (Title of Officer impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The ManaWr is hereby authorized Title of officer) to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. r r U. S. DePARIlbNT OF BonSINC AND UkIAN DEVELoPMEM SLC ?ION a BOUSING ASSISTANCE PAIMENtS PROGRAM Moderate 1lahabilitation PART I OF THE ANNUAL CONTRLSUTIONS C0lnILACT Master Section 8 ACC Humber A --2903 ACC Part I Number 1-1. 903-K P_ 1.1 The Progrst (a) Pro ects within Pro rat. The Moderate Rehabilitation Program +order this ACC Part I includes all Projects listed in Exhibit I. The 1'h, to the maximum extent feasible, shall amter into Agreements and Contracts in accordance with the ambers and sizes of units in each project specified In Exhibit 1. No substantial deviation as defined by HUD from the bedroom distribution or number of units in each project is allowed wittiout prior BUD approval. The PKA shall not enter into any Agreements or Contracts or take any other action which will result in a claim for an Annual Contribution in respect to any Project in excess of the max1pum amount authorized for that Project. (b) Meaning of ?ro ject` as Used in Master ACC and Part 11. For purposes of this Part I the term "Project- wherever used in the Master Section 8 ACC and in Part 11 shall mein each Project in the Moderate lehabilitation Program. 1.2 Authorization of Actions by PHA. In order to carry out the Project, the PEA is authorized to (a) enter into Agreements, (b) enter into Contracts, (c) sake housing assistance payments on behalf of Families and (d) take all other necessary actions, all in accordance with the application, forms, conditions and requirements prescribed or approved by BUD. Bowever, neither t1se PHA nor BUD shall assume any obligations beyond those provided in the prescribed forts of Agreement and Contract. 1.3 Term of Contract and ACC (a) Term of Contract. The total Contract term for any unit, including new Contracts for replacesent units in accordance with Section 1.9, is i5 years or the remaining term of the ACC, whichever is let ;. If the rehabilitation being done under any Contract is to be completed im stages, the total Contract teas for all the stages, beginning with thv effective date of the Contract with respect to the first stage, shall not exceed 17 years from the effective date of the ACC for the applicable Project. (b) Term of ACC. - The ACC shall remain in effect for 17 yea- from the effective date of the most recent project listed in Exhibit T.. Annual Contributions may be made for eacb project for a maximum of 17 -ears fro= that projects effective date. but not sore than 13 years for any unit. Accordingly. the Contracts) for all units in any project,, ether than replacement vults, must be executed within two years of the elfe :tive date of that Project under the ACC to qualify for the 15 year term. Page 1 of 5 1.4 Annual Contributions (s) Notwithstanding any other provisions of tbis ACC (other than paragraph (e) Of this Section) or nay provisions of any other contract between NM and the MA, BUD shall not be obligated to make any Annual Contributions or say other payment with respect to any Fiscal Year in excess oA the Maximum Annual Contribution Contract Camultment for each project specified in tzhibit 2. however, this amount shall be reduced cassensurately with any reduction is the number of Contract Wits or changes in nit sizes or Pursuant to any other provision of this ACC or the Contracts. ' (b) Subject to the maximum dollar limitation in paragraph (a) of this Section. HUD shall pay for each Fiscal Year an Annual Contribution ;o the PHA in respect to each Project is as amount equal to the suss of '.be following (subject to reduction by the amount of any Project teceip,..s other than Annual Contributions (such as interest inceae) which Lece..pts shall be available for Project Expenditures): (1) The amount of housing assistance payments payable durin;, each Fiscal Year (see Section 1.5) by the FHA pursuant to the ;`*ntracts, as authorised in Section 1.2. (2) The allowance, in the amount approved by RM. for prel: ainary costs of administration. (3) The allowance, in the amount approved by SM. for the T egular costs Of administration including costs of HUD required aud:_ts of Owners and the PEIA. (c) To. assure that housing assistance payments will be increases on a timely basis to cover increases in Contract tents or decreases In Gross Family Contributions: (1) A Project Account eball be established mad maSnta ".nod for eacb Project under this ACC, in am mount as determined by ED consistent with its responsibilities under Section 8(c)(6) of for Act,.out of amounts by w'hlcb the Maximum ACC Cosm;itment per year ex Beds amounts paid under the ACC for each Project for any year. This rccouat shall be established and maintained by No as a specifically 1= entified and segregated account. To the extent funds are avai able in this account, the Maximum Annual Contribution otherwise pa-able for any Fiscal Year may be increased by an amount, if nay, as as, be required for increases reflected in • the estimate of req -ired Annual Contribution applicable to the Fiscal Year as appro -ed by MW in accordance with Section 2.11. Any amount remaining 17 the secomt after payment of the last Annual Contribution witb respect to the Project Shall be applied by Wo in accordance ritb law. (2) iihenever time NMD approved estimate of the req trod Annual Contribution for any Project exceeds the Maximum ACC Catmitaent then In effect, causing the amount in the Project Account to be less than an amount equal to •O percent of the Mazlxm ACC Cosrmita -mt for the Pane 2 of 1.5 1.6 Project, WD shall, within a ressonable period of time, take the additional steps sutborized by Section d(c)(6) of th'e Act as may be necessary to carry out this assurance, including (as provided in that section of the Act) "tire reservation of annual contributions authority for the purpose of amending housing assistance contracts or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts.a (d) BUD will slake periodic payments requisition by the PEA It the form shall include certifications by the have been or will be made only: on account of each project upon prescribed by BUD. Each requisition PEA that bousing assistance payments (1) in accordance with the provisions of the Contract as apply to (1) units under lease by Families and (11) lease by Families, and (2) With respect to units which the PEA has inspected Inspected and determined to be in decent, safe condition, pursuant to Section 2.4 of this ACC, within to the making of housing assistance payments. the provisions waits not under or caused to be and sanitary one year prior (e) Following the and of each Fiscal Year, any amount by which the total payments made during that Fiscal Year exceed the Annual Contribution payable in accordance with this section will be subtracted from the text payment made by BUD to the PEA, unless other dispositio=) is approved or required by HUD. Fiscal. Year. The Fiscal Year for the Program shall be the Fiscal Year established by Section 0.3 of this ACC. However, the first Fiscal Year for any Project shall be the period beginning with the effective dot of the Project identified in Pxhibit 1 to this ACC and endlzg on the last day of the established Fiscal Year which is not less than 12 %ontht nor more than 23 months after the effective date. If the first Fiscal Year ex,seeds 12 months, the Maximum ACC Commitzent shall be adjusted by the addition of the pro rate amount applicable to the period of operation in excess of 12 ma :iths. Periodic. Ad ustment of Contract Rents. The Contract will proq_de for periodic adjustments in the Contract heats chargeable by the Owner :zd coamensurate Increases in amounts of housing assistance payments, in accordance with applicable BID regulations, up to the maximum mount author .zed for housing assistance payments in the BUD approved estimate submitted pur uant to Section 2.11. 1.7 Equal Cgportunity Housing Plan Admlaistrative Plan and Appliration. The PSA shall Comply with all provisions of its Equal Opportuni =y Rousing Plan, Adainistrative Plan and ApplicatioA, each as approved by HOD. 1.8 t :gedttious CarryIn Out of�3ect. The PEA shall proceed �peditlously to Implement the Program consistent with the rehabilitation and 1,asing schedule. If the PHA fails to proceed expeditiously, BUD, after gi•ing the PEA and Owners, wbera appropriate, reasonable opportunity to take corrective action, say terminate or reduce its obligation under this ACC Part 1 with respect t the Project. 1.9 As81st&0ce . toE11Sible Families When Contracts are When the Contract for anq unit(D) is terminated for any reason, J,eaviag Contract Autbority available under this ACC, the assisted family(ies) if eligible for continued assistance, or other eligible family(ies) if the unjt(s) is vacant, nay continue to receive housing assistance for the resaindex of the 15 year term is accordance with HUD regulations through the conversion of the Moderate Rehabilitation unit(&) allocation to Zzleting Housing. The PHA shall issue the Family a Certificate of Family Participation, assist it in firdlut a suitable rental unit, and camply with all applicable BUD regulations and rules. l.lv Resi!oasIbIlity for Administration of Contract. The PHA is primarily responsible for administration of the Contracts, subject to revi -w and audit by BUD. (SEAL.) ATTEST: Clerk to the Board (Official MOO FHA ORANGE COUNTY HOUSIN( 'ay AUTHORITY Chair (Official T tle) Date June 16, 1987 United states of America Secretary of Housing and 'rban Developmer- Dy Date Page 4 of 5 Official Si le Pine EXHIBIT I r Number of Unit& bX ACC List Number Haximum ACC Commitment ' 1PrO yct- Wumber - Bedroom Size e:.v Date of Approval Authority Authority Effective Date �• NC19 -K104 -001 0 1 27 A -87 -0196, 4/29/87 c< $446,7��, 00 $4,467,960.00 2 49 3 16 4 5 Total 97 2. 1 2 3 w o ` r. Total m i 3. 0 1 2 3 4 Total 4. 0 1 2 . 3 4 Total r U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 9 HOUSING ASSISTANCE PAYMENTS PROGRAM MASTER SECTION I ANNUAL CONTRIBUTIONS CONTRACT NO. A -2903 NEW CONSTRUCTION, SUBSTANTIAL REHABILITATION, MODERATE REHABILITATION AND EXISTING HOUSING This section E Annual Contributions Contract (ACC) is between the United States of Amer cat acting through the Department of Housing and Urban Development (HUD), under the Unite : States Housing Act of 1937, 62 U.S.C. 11437, et seg. (Act), and the Department of HUD Act, 2 U.S.C. 3331, and Couaty Hui Authorit (PHA; , which is a "public housing agency" as defined in the Act. TFW earties agree as ollows: 0.1 •ROJECT OR PROJECTS. The PHA is undertaking to provide decent, safe, and sanitary .0ousing for Eligible Families pursuant to section E of the Act by means of Housing Nssistance Payments Contracts (Contracts) with Owners. This may involve agreement or the use of housing to be constructed (New Construction), agreement for the use of r xisting housing to be substantially rehabilitated (Substantial Rehabilitation), agreement i ar the use of existing housing to be moderately rehabilitated (Moderate Rehabilitation), the use of existing housing without substantial or moderate rehabilitation (Existing i ausing). In each instance, the numbers and sizes of dwelling units with respect to which �. certain maximum annual contributions commitment is made shall constitute a project L ider this ACC and shall be identified by a project number. .0.2 1 ART It PART ti AND PART III OF THIS ANNUAL CONTRIBUTIONS CONTRACT. (.) Certain provisions of this ACC, principally those which are specifically applicable to a designated project, are contained in Part 1. Separate forms of Part I apply to different types of projects (i.e., New Construction and Substantial Rehabilitation (HUD- 32520D), Moderate Rehabilitation (HUD- 52520E (SUPP)) and Existing Housing (HUD- 52520B)). A separate Part 1, on the applicable form, has been executed with respect to each project. Each Part I is a part of this ACC. ( Part Il and Part Iii contain the remaining provisions of this ACC and are not executed separately. Part 11 (HUD52520C (SUPP), dated 12/79 ) is used for Existing Housing and Moderate Rehabilitation. Fart III HUD- 52520E, dated 8/80 ) is used for New Construction and Substantial Rehabilitation. ' (c This ACC consists of the Master, appropriate Parts 1, and Parts 11 and /or 1111, as applicable. 0.3 F1 CAL YEAR. Except for the first fiscal year of each project, there shall be one fiscal ye r for all projects under this ACC.. This fiscal year shall be the 12 -month period en ing December 31 of each calendar year. The first fiscal year for each pr, ject shall be as provided in the Part I applicable to the project. 0.4 Cc'fPLiANCE WITH ACT REGULATIONS AND OTHER RE UIREMENTS. Th PHA agrees to comply, and to require Owners to comply, with the U. S. Housing Act of .937 and all applicable regulations and requirements. 0.5 SC f EDULE OF PROJECTS. Attached to this ACC, as Attachment A. is a list rd—,�:7tif ying each ACC Part 1 and ACC Part 1 amendment by project number, date, and ACC. /HAP Contract List number and date. 0.6 PREVIOUS MASTER ACCS SUPERSEDED. This Master ACC (HUD- 52520A (5 -80) supersedes any previous Master Section 8 ACC for the projects identified in Attachment A. SEAL Pro a t No. ATTACK \1 A TO MASTER SECTION 8 ACC No • A- 2903 Number and Date of Part I of ACC ACC List No. and bate NC19 -E104 -001 A-- 2903 -E, NC19 -Eba4 -001 A -81 -685, 6/30/81 NC19 -E!04 -003 A -77 -247, 5/26/77 NC19 -E1+04 -004 A -77 -248, 5/26/77 NC19 -E104 -006 A -77 -517, 9/7/77 NC19 -KI04 -001 A -81 -679, 6/30/81 A- 2903 -K, A -87 -0196, 4/29/87 -- ir, } RENEWAL LEASE AGREEMENT This RENEWAL LEASE AGREEMENT, dated -,f ,,/ . , 19851 by and between the Town of Chapel Hill, as Lessor (hereinafter, the "Town "), and the County of Orange, as Lessee (hereinafter, the "County "). In consideration of the mutual covenants and conditions set forth below, the Town and the County agree as follows: 1. Lease of Premises The Town leases to the County the Town's building at 100 W. Rose- mary Street known as the Old Police Building (hereinafter referred to as "Leased Premises ") in its present condition and "as is." 2. Rent a. The County agrees to pay to the Town as rent for the Leased Premises the sum of $50,750 per annum. The County also agrees to pay any Additional Rent due under Paragraph 7.f. b. Rent shall be paid by the County to the Town on a quarterly basis. Such rent shall be due in the Town's Municipal Building on or before the last day of September, December, March, and June, respectively. The rent for the quarter ending September 301 1985 shall be prorated from July 12, 1985 and paid at the rental rate specified above. c. ' The County shall be deemed to have taken possession . of the Leased Premises, or any portion thereof, on July 12, 1985. 3. Terms of Lease The term of this Lease shall commence on July 12, 1985, and shall run for a period-of 2 years thereafter.. Revision: The term of this lease shall commence on July 12, 1985 and shall expire September 12, 1987. 4. Parking The County may, as a right and incident of this lease, use the parking spaces marked off in the upper parking lot of the Old Police Building. All spaces in the lower lot shall be reserved for use by the Town. 5. Sublease or Assignment This Lease Agreement may not be assigned or transferred. The County may from time to time grant subleases to governmental and non -- profit agencies. 6. Alterations Internal partitions, room dividers, and similar fixtures may be removed or added to, at the County's sole expense, with the prior written approval of the Town Manager, which shall not unreasonably be withheld. The Town reserves the exclusive right to authorize or approve repairs, renovation or alterations of the exterior of the Old Police Building. _ 7. Responsibilities of the County In addition to the other covenants and conditions of this Lease to be observed by the County, it shall have the following responsibilities with respect-to the Leased Premises: a. The County shall be responsible for the proper security and safekeeping of the Leased Premises. b. The County shall provide all routine janitorial services for the Leased premises. C. The County shall provide and maintain such number of air conditioning units it deems appropriate or advisable. d. The County shall perform all cleaning and painting of the interior of the Leased Premises necessary to make such premises presentable and usable in a safe and sanitary manner by the County. e. The County shall at its own expense install such new locks within or providing access to the Leased Premises as it desires, provided that one key for each lock shall be delivered to the Town Manager. Each key delivered shall be marked or tagged to identify the lock which the key operates. f. (1). The County shall pay as Additional Rent hereunder the Town's excess utilities costs. The Town Public Works Department and its Purchasing Agent shall project the Town's estimated reasonable utilities costs for the fiscal year commencing on July 1, 1985 projected by quarters. Such projections shall be bona fide, good faith estimates of the Town's actual projected utilities costs for the Old Police Building; such projections shall be consistent with comparable assumptions used in deriving the adopted Town budget for the 1985 -86 fiscal year. (2) The County shall pay as Additional Rent hereunder, the amount, if any, by which the Town's actual utilities costs in any quarter for the Old Police Building exceed the Town's projected reasonable utilities costs for the same calendar quarter of fiscal 1985 -86. The Additional Rent shall also be paid if such utilities costs in any calendar quarter of fiscal 1985 -86 exceed the Town's projections for that quarter. \ r i (3) The Town shall bill the County for Additional Rent due hereunder within 30 days after it receives accurate bills for all utilities for the applicable quarter. The Town shall provide such documentation supporting its calculation of Additional Rent as the County may reasonably request. The Additional Rent shall be paid -to the Town within 30 days after the County has received an accurate invoice for Additional Rent. 8. Responsibilities of the Town The Town shall have the following responsibilities with respect to the Leased Premises: a. The Town will provide heat and electricity to the Leased Pre- mises. The Town shall pay for such utilities except as provided in Paragraph 2.a. and ?.f. b. The Town will provide routine and extraordinary maintenance and repair of the Leased Premises, the parking lot of the Old Police Building, the exterior of the Old Police Building, and the heating, plumbing and electrical systems; the Town will not provide janitorial service for the Leased Premises. 9. Premises to be Kept Safe and Sanitary The County agrees to keep the Leased Premises in a safe, sanitary, and neat manner. The County also agrees to comply with all applica- ble statutes, ordinances, codes and other regulations respecting use and occupancy of the Leased Premises. The County shall take reasonable precautions to prevent damage to the Leased Premises from fire or other causes, to prevent injuries and to prevent loss from theft or other causes. 10. Personal Injury or Property Damage The County shall indemnify and hold harmless the Town against any claim, cost, expense, liability, action or judgment arising out of or related to any personal injury, death or prop °rty damage !t witi� respect to the Leased Premises 'or other areas of 100 W. Rosemary Street under its control, which arises out of or is caused by the negligence of the County, its employees, or agents. 11. Right of Inspection; No Control The Town reserves the right to enter the Leased Premises and inspect them, or to repair and maintain them, at reasonable times and upon reasonable notice. Neither this paragraph nor the exercise of the Town's rights hereunder shall be deemed any form or manner of control over the Leased Premises by the Town for any purpor.e whatsoever. 12. 'Cancellation Tkds lease agreement will be cancelled September 12, 1987. - -- .. 13. Notice Any notice or written communication relpted 'to this Lease Agreement shall be deemed effective if mailed or delivered to- 1. For the Town, Town Manager 306 N. Columbia Street Chapel Hill, N. C.. 27514 2. For the County, County Manager Orange County Courthouse Hillsborough, N. C. 27278 This the day of , COUNTY OF ORANGE Chairman, Orange County Board of Commissioners ATTEST Clerk to thei•0Fange Caun Board of Commissioners THE TO'NN OF CHAPEL HILL Joseph V,.. Nassif, Mayor ATTEST Taw6 .Clerk' ' This instrument has been preaudited in the manner required. by the Local Government Budget. and Fiscal Control Act. Orange County Finance Officer T. w r, of Chapel Hill Finance Officer s COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET HILL91301MOH, N. C. 27278 919-732-2196 9.19- 942.8000 CHAPEL HILL OFFICE SUITE 20, FRANKLIN 13UILDING 137 E. FRANKLIN STREET CHAPEL HILL, N. C. 27514 919 - 929.7151 ALONZO B. COLEMAN, JR- STEVEN A. BERNHOLZ DONALD R. DICKERSON ROGER 13. BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J. SNIDER, JR, G. NICHOLAS HERMAN KAREN J. SHANORAW Of Counsel BONNER D. SAWYER (1902 -1972) June 12, 1987 Shirley E. Marshall, Chair Moses Carey Stephen Halkiotis John Hartwell Don Willhoit Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Final Task Force Draft Proposed Animal Control Ordinance Dear Board Members: I have reviewed the Animal Control Ordinance proposed by the Animal Control Task Force contained in an April 29, 1987 draft. I have the following comments and recommendations concerning the ordinance as proposed: 1. Section I should read; Section I - Authori_ty# This ordinance is adopted pursuant to the power granted Orange County in North Carolina General Statute Sections 153A -121, 153A -127, 153A -153 and 153A -442. 2. I recommend adding Animal Cruelty Investigators to the list of persons to which Orange County Animal Control Officers would report observed animal cruelty or animal abuse. As presently written, Section IIIC provides that these reports would be made to appropriate law enforcement officers or the district attorney's office. Article IV of Chapter 19A of the orth Carolina General Statutes provides for the appointment by the Board of County Commissioners of Animal Cruelty Investigators. These investigators, pursuant to North Carolina General Statute Section 19A- 46, can obtain an order from a magistrate allowing the investigator to provide suitable care for and take immediate custody of an animal being cruelly treated as 4 Board of Commissioners Page Two June 12, 1987 that term is defined under the Animal Welfare Act. This procedure, involving the magistrate, is a streamlined procedure which should be used whenever possible. I do, however, recommend that the Animal Cruelty Investigators work together with the Animal Control Officers. In this regard, I recommend that Section XIII, paragraph A include language which creates this in- tandem relationship. A new sentence can be added to accomplish this purpose as follows: All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control Officers of Orange County. Likewise, I recommend that Section VIIIE.1 read as follows: 1. Have the responsibility along with law enforcement agencies and where applicable with Animal Cruelty Investigators to enforce... 3. The provision in Section V, paragraph B providing for policies or procedures which allow the reduction of or waiver of fees "for individuals who are unable by reason of financial hardship to pay the required fees," causes me concern. Although laudable, its administration may prove burdensome and it creates a risk of arbitrariness. I'm also concerned that the standard "financial hardship" is not a workable ordinance standard. I would prefer that the County establish the financial hardship standard in the ordinance if a reduced rate or fee waiver provision is deemed necessary by the Board. 4. I recommend that Section VI read as follows: Section VI - Ordinance. All other Orange County ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict. The Ordinance to Provide for Animal Control and Protection in Orange County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed. 5. I recommend that Definition No. 8 in Section VII in the last clause be worded as follows: or any person owning or keeping 15 or more animals, excluding domesticated livestock, each of which is four months of age or older. Board of Commissioners Page Three June 12, 1987 I have added the words "excluding domesticated livestock" to this clause to parallel the first clause in the definition. 6. Section XII restricts the use of steel jaw traps. Under the terms of the ordinance they may only be used in accordance with a depredation permit duly issued by appropriate authorities. I have read the letter to Moses Carey written by Donald Ingraham (a copy of that letter is enclosed) wherein Mr. Ingraham argues that the County is not preempted from enacting a ban on the use of steel jaw traps. I will not quibble with Mr. Ingraham's arguments because I think this issue should be resolved as a matter of policy. If the Board wants to ban the use of steel jaw traps, it should do so by ordinance and request local legislation to insure county authority. The extent to which the State wildlife regulations preempt local governments in the matter of trapping with steel jaw traps has not been litigated in North Carolina. Although I think the County can make an excellent argument that banning steel jaw traps except in the limited circumstances permitted under the ordinance will have "only a minor and incidental impact on the conservation of ... wildlife resources (see the discussion of North Carolina General Statute Section 113- 133.1(c) in Mr. Ingraham's letter), I can envision circumstances where that standard could become a factual question that would have to be resolved by the courts. Therefore, the best course of action for the County is to follow up its ordinance action with local legislation on this point. This can be accomplished as early as the Short Session of the General Assembly that will meet next summer. Should the Board elect to keep the limitation on the use of steel jaw traps in the ordinance, I recommend that Definition No. 10 be changed in the last sentence as follows: Such terms shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training and lawful activities for sport. Notwithstanding regulations of the Wildlife Resources Commission regarding the use of steel jaw traps, steel jaw traps may only be used, set, placed, maintained or tended as provided in Section XII of this ordinance. Board of Commissioners Page Four June 12, 1987 7. The word "stray" and the term "at large" are both broad enough to include domesticated livestock. Section XV provides for the seizing, impounding and confining in the Animal Shelter of at -large animals. Is this intended to include livestock? It seems impractical and probably unnecessary to do so. The ordinance also makes the owner of domesticated livestock that is "at-- large" a violator of the ordinance provision. This changes the State standard in this region of North Carolina with respect to the containment of domesticated livestock. Orange County is in a "reasonable fencing" region, which means generally, that a farmer or other keeper of livestock is charged with the responsibility of keeping fences repaired and that this standard is one of reasonableness. Liability to the owner of an escaped animal is only imposed when the owner has violated this reasonableness standard. 8. Definition No. 27, "torture or torment," is redundant. The acts defined by the terms torture or torment are included in Definition No. 10, cruel and cruel treatment. I recommend that Definition No. 27 be deleted. The words "to torture any animal" in Section XIA should likewise be removed. 9. 1 recommend that Definition No. 29 be rewritten as follows: Vicious Animal: Any animal on or off the premises of its owner or keeper, security dog excluded, which is three months of age or older and without provocation has bitten, killed, or caused physical harm through bites to people who are not trespassing and animals that are not where their owners have been told they cannot be. Any dog that is owned or harbored for the purpose of dog fighting or training for dog fighting is also defined as a vicious animal. This change reflects the fact that animals cannot trespass. 10. There are a number of places in the ordinance which create roles for undefined persons and positions that concern me. I recommend they all be eliminated. I further recommend each person or office with a role in the Animal Control Program be expressly defined and that their roles and responsibilities be spelled out in the ordinance. Those persons and positions include the Animal Control Director, the Health Director, Animal . Board of Commissioners Page Five June 12, 1987 Control Officers, Rabies Control Officers, Animal Cruelty Investigators, Animal Shelter Manager and law enforcement officers. All other persons involved in the business of controlling animals in Orange County should not have status as such but should work through one of the designated persons in the ordinance which designated persons will be responsible for the actions or activities of anyone not designated in the ordinance. The deletions that I recommend appear at the following places: (i). Section VIIIC: delete from the third, fourth and fifth lines "or other appointed agent, including, but not limited to, Emergency Animal Rescue workers." (ii). Section VIIIE.6: delete "or other person assisting with the Animal Control Program." (iii). Section XIIIE: delete "or his or her designee." This section further provides that the Animal Shelter Manager (an undefined term) must be assured that an animal impounded as vicious is not vicious or that the vicious animal will be properly restrained on the premises of its owner or keeper. Although this assurance is done in consultation with the Animal Control Director, it introduces a concept which I think ill advised. I think the Animal Control Director should alone make the decision as to whether to permit reclamation of an animal impounded as vicious. In making that decision it is reasonable to believe that the Animal Control Director will solicit all of the advice and consultation he or she deems necessary. However, the control of vicious animals is the responsibility of the Animal Control Program and the Animal Control Director. (iv). Section XVIC: delete "or person duly authorized by the Animal Control Director." M. Section XXA: delete "or other appropriate representative of the Animal Control Program." The same language appears in Subsection B under standards for non - commercial kennels and should be deleted. (vi). Section XXIA.I.b: delete "or person duly authorized by the Animal Control Director." Board of Commissioners Page Six June 12, 1987 (vii). Section XXIIC.l: the phrase "Any official authorized by the" preceding Animal Control Director should be omitted. 11. Section IX which requires hunting dogs to be in the "presence" of the owner of the dog while the dog is being used for hunting may prove to create an unworkable standard. 12. Section XIH makes it unlawful to leave an animal unattended for a period of 5 minutes or more in a vehicle when the ambient temperature in the vicinity of the vehicle is greater than or equal to 70 degrees Fahrenheit. It is apparently the intention that the prohibition here be to a vehicle without ventilation or one that parallels a "closed compartment." This needs clarification. As written the standard seems unreasonable to me and therefore unenforceable. 13. Section XIJ which makes it unlawful to tie or restrain an animal on public property for a period of thirty minutes or more unless that animal has access to adequate food and water and adequate shelter is not a reasonable prohibition. It seems to me that the cruel and cruel treatment prohibition contained in Section XIA covers the omissions sought to be addressed in Subsection J. Creating some arbitrary time period when an animal is restrained on public property is unnecessary. 14. Section XVC purports to insulate the Animal Shelter and Animal Control Program from liability for euthanizing wounded or diseased animals. As a matter of policy there is no problem with this. However, Orange County has no authority to create any such liability insulation. In order to not misinform Animal Shelter personnel or personnel of the Animal Control Program, I recommend the following rewrite of the last clause of that subsection: in any event, and except as may be otherwise provided by law, the Animal Shelter and Animal Control Program shall have no• liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animal's condition. 15. Section XVI permits the designation in an abatement order or citation, of some time less than the standard of 48 hours for the abatement of a nuisance. Board of Commissioners Page Seven June 12, 1987 I have no problem with this concept in an abatement order. An abatement order must be issued by a judicial official. I do have a problem, however, with lessening this time period without standards and without limitation in the case of citations which are issued by other than judicial officials and in most cases by County employees. Without knowing the situations that must have prompted the Task Force to recommend a lesser amount of time, I have no recommendation on what this further standard should be. 16. Section XVIII. I question the practicality of requiring cats to wear valid rabies tags. I suggest that a more practical way to address identification of properly immunized cats is to place the burden of proving that the cat is immunized on the owner through whatever means possible and to the satisfaction of the Health Director. � GEG /lsg Enclosures xc: Dr. Ann Gross Donald S. Ingra Jerry Robinson Ken Thompson :s, 'dhill r ;,COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAw 110 CHURTON STREET 1i 1L1SHOROUGH,N.0 27278 919.732 -219G 919- 942 -8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E. FRANKLIN STREET CHAPEL HILL, N. C. 27514 919. 929.7151 October 19, 1987 ALONZO B. COLEMAN, JR. STEVEN A. BERNHOLZ DONALD R. DICKERSON ROGER B•BERNHOLZ GEOFFREY E.OLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J.SNIDER,JR. G. NICHOLAS HERMAN Marshall, Chair HAREM J. SHANGRAW MS . Shirley E. Of Counsel Mr. Moses Carey BONNER D. SAWYER Mr. Steve Halkiotis (1902 -1972) Mr. John Hartwell Mr. Don willhoit Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Animal Control Ordinance Dear Board Members: f Enclosed with this letter is the Animal Control Ordinance which was approved by the Board on June 16, 1987. 1 have used the April 29, 1987 Proposed Orange County Animal Control Ordinance as a base. The changes to that document are indciated as follows: 1. underlined language is that added by the Board on June 16, 1987; 2. lined through and bracketed language is that deleted by the Board on June 16, 1987. The draft minutes of the Board's June 16, 1987 meeting indicate that additional work is still needed on definition number 8 following a report from the Health Board.on standards for kennels. GEG /lsg Enclosure xc: Don Ingraham, Moore and Van Very truly yours, Allen E. Gledhill f ORANGE COUNTY ANIMAL CONTROL ORDINANCE CONTENTS Section P I Authority age 1 II Animal Shelter 1 III Animal Control Officers 1 IV Animal License Fees 2 V Licenses, Permits, Registrations, and Fees Required by this Ordinance 3 VI Ordinance 4 VII Definitions 4 VIII Animal Control Program 11 IX Relation to Hunting Laws 14 X Notice in Case of Injury 14 XI Mistreatment of Animals Unlawful 15 x1i Control of Vicious Animals; Security Dogs 18 XIII Impoundment of Animals 19 XIV Handling of Stray Animals 20 XV Public Nuisance 21 XVI Rabies Control 22 XVII Rabies Tag and Identification Tag 22 XVIII Applicability to Veterinarians 22 XIX Kennel Standards 23 XX Permits and Standards for Animal Collection 29 XXI Penalties 35 XXII Severability 37 XXIII Effective Date 37 I ORANGE COUNTY ANIMAL CONTROL ORDINANCE AN ORDINANCE TO PROVIDE FOR ANIMAL CONTROL AND PROTECTION IN ORANGE COUNTY, NORTH CAROLINA BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA Section I - Authority. This ordinance is adopted pursuant to the power granted Orange County in N.C. Gen. Stat. Section 153A-121, Section 153A-127,. Section 153A-153 and Section 153A- 442. Section II - Animal Shelter. Orange County shall operate and maintain a County Animal Shelter for the purpose of impound- ing or caring for animals held under the authority of state law, this ordinance or any other county or municipal ordinance. Orange County may contract for the operation of the Animal Shel- ter as it deems appropriate. Section III - Animal Control Officers. Orange County may appoint one or more Animal Control Officers. Any such officer or officers shall be County employees. County Animal Control of- ficers shall have only the following powers and duties within Orange County and within any municipality therein that has given prior approval therefor: A. The responsibility for the enforcement of all state and local laws including ordinances, resolutions and proclamations pertaining to the ownership and control of dogs and other animals. 1 a. To cooperate with the County Health Director and all law enforcement Officers in the county and the towns there, in and assist in the enforcement of the laws of the state with regard to animals, the vaccination of dogs and cats against rabiesr the confinement and leashing of vicious animals, and any other state law applicable to animals or animal control. C. To investigate reported or observed animal cruelty Or animal abuse and make written reports of such investigations and, when requested, provide such reports to animal crufLty investigators, appropriate law enforcement officers I or the Dis- trict Attorney's office. D. To investigate reports of observed harassment or at- tacks by dogs or other animals against domesticated livestock and to assist in locating those persons owning or harbor . ing the at- tacking animals. E. County Animal Control officers shall not have.the power to arrest. Section 117 - Animal License Fees. Orange County m ay set . animal license fees as allowed by law and set the fee amounts an- nually as part If the Budget ordinance. In order to further the goals of controlling animal population, the fees of unspayed or unneutered dogs and cats shall be higher than those of neutered animals. Within thirty days of acquisition of an animal for which a license is required, the owner or keeper shall purchase the appropriate county license. 2 reduced rates, or a waiver of fees Additionally, dog and cat owners or keepers who furnish to the Animal Control Director a statement from a licensed veterinarian that the animal, due to age, physical reasons, or chronic health problems cannot withstand spay/neuter surgery, shall be allowed to pay the license fees provided for spayed or neutered animals. Section VI - Ordinance. All other Orange County ordinances in conflict with K-h-e- this ordinance except the Ordinance to Regulate Wild and Vicious Animals are hereby repealed to the ex- tent of such conflict. The Ordinance to Provide for Animal Con- trol and Protection in Orange County, adopted May 15, 1979, as amended October 3, 1983, is hereby repealed. Section VII - Definitions. As used in this ordinance, the following terms mean: 1. Adequate Food: The provision at suitable intervals, not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum. 2. Adequate Shelter: That shelter which will keep a non- aquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature at a level that is healthful for 4 Section V -- Licenses, Permits, Registrations, and Fees Required By This Ordinance. A. The following licenses, permits, and registrations are required by this ordinance: 1. , Licenses for dogs, cats, or other animals designated by the Board of Commissioners in the Budget Ordinance (see Section IV). 2. Registration of patrol dogs or sentry dogs (see Section XII 3. Rabies and identification tags for dogs and cats (see XVII Section 4. Permits for collecting of dogs and cats for sale (see XX Section [KR44). 'he4ld-- tfeP15- {see 5. [{,:} Permits for commercial kennels, non-commercial kennels XIX and pet shops (see Section [ -X-X4). B. The amount of license or permit fees shall be recom- mended by the Animal Control Director and approved by the Board of Commissioners in the Budget Ordinance. The Animal Control Director may propose for approval by the Board of Commissioners such policies or procedures as may be necessary'or appropriate to allow for payment of fees over extended periods of time, at 3 the animal, which animal containment area shall be free of ac- cumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to eliminate rapidly excess water or moisture. Aquatic or semi- aquatic animals shall have an adequate amount of clean water in which to move. . 3 . . Adequate Water: A constant access to a supply of clean, fresh water provided in a sanitary manner. 4. Animal: Any live, vertebrate creature specifically in- cluding but not limited to dogs, cats, farm animals, birds, fish and reptiles. 5-. Animal Control Director: That person designated by ap- propriate authority in Orange County, and where a22ro2riate, his or her desi2nee, charged with the responsibility and authority to implement and enforce the Animal Control program in Orange County. 6. Animal shelter: A place provided and operated by Orange County directly or by contractual agreement, whether jointly with another governmental unit or independently, for the restraint, care, adoption, and disposition of animals. 7. At Large: Any animal shall be deemed to be at large when it is off the property of its owner or its keeper and not under the restraint of a competent person. 8. Commercial Kennels: Any person maintaining an estab- lishment where animals of any species excluding domesticated 0 livestock, kept for the purpose of breeding, buying, selling, or boarding such animals or engaged in the training of dogs for guard or sentry purposes, and which establishment is so con- structed that the animals cannot stray therefrom; or any person owning or keeping 15 or more animals, excluding domesticated . livestock, each of which is four months of age or older. 9. Competent Person; A person of suitable age and discre- tion to keep an animal under sufficient restraint and control in order to prevent harm to the animal and to persons, other animals, including but not limited to domesticated livestock, or property. 10. Cruel and Cruel Treatment: Every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; such acts or omissions shall include, but not be limited to, beating, kicking, hanging, submerging under water, suffocating, poisoning, setting on fire, and depriving of food, water, and medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare. Such terms, however, shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful ac- tivities for sport. 11. Domesticated Livestock: Livestock raised for the production of meat, milk, eggs, fiber, or used for draft or 0 equestrian purposes, including but not limited to cattle, sheep, goats, swine, horses, mules, rabbits, and poultry. 12. Exposed to Rabies: An animal has been exposed to rabies within the meaning of this ordinance if it has been bitten by, or otherwise come into contact with, any animal known or suspected to have been infected with rabies. 13. Harbor: An Animal shall be deemed to be harbored if it i's fed or sheltered by the same person or household for seventy - two (72) consecutive hours or more. 14. Health Department: Orange County Health Department. 15. Health Director: Director of the Orange County Health Department 16. Keeper: A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to remain on or about any premises occupied or. controlled by such person. 17. Noncommercial Kennels: Any. person maintaining an es- tablishment where animals of any species, excluding domesticated livestock, are kept for the purpose of showing, competition, hunting or sport, and which establishment is so constructed that the animals cannot stray therefrom, and which maintains more than five but less than 15 animals. 18. Owner: Any person owning, keeping, having charge of, sheltering, feeding, harboring or taking care of any animal. The owner of an animal is responsible for the care, actions, and be- havior of the animal. 7 19. Person: Any individual, family, group of individuals, corporation, partnership, organization, or institution recognized by law as a person. 20. Pet Shop: A person that acquires for the purposes of resale animals, excluding domesticated livestock, bred by others whether as owner, agent, or on consignment, and that sells, trades or offers to sell or trade such animals at retail or wholesale, or a person that holds or keeps animals, excluding domesticated livestock, for the purpose of cleaning or grooming. 21. Public Nuisance: Actions deemed prima facie evidence of a public nuisance include the following activities of an animal, or conditions maintained or permitted by the animal's owner or keeper: (a) The animal is found at large off the premises of its owner or keeper and not under the restraint of a competent person. (b) The animal damages the property of anyone other than its owner or keeper, including, but not limited to, turning over garbage containers or damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, or causes injury to domes- ticated livestock or pets. (c) The animal habitually and repeatedly barks, whines, or howls so as to interfere seriously with the reasonable use and enjoyment by neighboring residents of their property. (d) The animal repeatedly chases, snaps at, or. barks at persons, domesticated livestock, pets, or vehicles when it is 8 not in an enclosure, leashed, or on the owner's or keeper's property. (e) The owner or keeper fails to confine a female dog while in heat (estrus) in a building or secure enclosure in such a manner that she will not be in contact with another dog, provided, this section shall not be construed to prohibit the in- tentional breeding of animals within an enclosed area on the premises of the owner or keeper of an animal involved in the breeding process. 22. Restraint; An animal is under restraint if it is under sufficient physical restraint such as a leash, cage, bridle, or similar effective and humane device which restrains and controls the animal, or within a vehicle, or adequately contained by a fence on the premises or other secure enclosure. if a competent adult is physically outside on the land with the animal, on land where the owner or keeper of the animal resides, then the animal shall be deemed to be under restraint during the time the animal is in the company of and under the control of that competent per- son and the animal is on the premises. If any unattended animal is restrained by a chain, leash or similar restraint, it shall be designed and placed to prevent choking or strangulation. Such chain or restraint shall not be less than ten (10) feet in length and either on a Swivel designed to prevent the animal from chok- ing or strangling itself, or on a chain run. 23. Security Dog: Any dog used, kept or maintained on the premises of its owner or keeper for the purpose of protecting any �] person or property. Any such dog shall be further classified as a patrol dog, sentry dog, or watchdog. (a) Patrol dog - A dog that is trained or conditioned to attack or otherwise Freep(mr ] respond aggressively, but only upon command from a handler either off or on lead. (b) Sentry dog - A dog that is trained or conditioned to attack or otherwise respond aggressively without command. (c) Watch dog - A dog that barks and threatens to bite any intruder that has not been specially trained or conditioned for that purpose. 24. Steel Jaw Trap - Spring -- powered devices or traps which capture or hold an animal by exerting a lateral force with fix- mounted jaws on the leg, toe, paw, or any other part of the animal's body. 25. Stray: Any domestic animal that is not under restraint or is not on the property of its owner and is wandering at large or is lost, or does not have an owner, or does not bear evidence of the identification of any owner. 26. Suspected of Having Rabies: An animal which has bitten a person or another animal. [24-,- Tyr -t -+ ire-- er- --'o ► -! - -- Fier-y-- ae-. -7 sa�►s }eg -� �r� -it�i- rig- �r }�rs�� € €a��- e- p�i�*s�ea� -�a-i- Fry-- s�- €€e -�i- rig -e�-- death q 27. [:a Veterinary Hospital: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and 10 treatment of diseases and injuries of animals. 28. F2-9-.-J Vicious Animal: Any animal on or off the Premises of its owner or keeper, security dog excluded, which is three months of age or older and without provocation has bitten, killed, or who are not tres- caused physical harm through bites to people (-o-r- i - -a-- _wh.0- a r e passing and animals that are not where their owners have been not -wrr i-I-er --errr --err, -ef-i& -t7he - v € -L-her _,wrrL-r--err told they cannot be. Any doq that is owned or harbored for the lerae-pe-r- 1- --&r- --a-r+ j& purpose of dog fighting or training for dog fighting is also dag --err- -tr2r' rriTTT -ftrr- -d-07 -f-i-qhrt-' rTq;-] defined as a vicious animal. Section VIII - Animal Control Program. The Orange County Animal Control Program, as herein described and as otherwise described in other County ordinances related to animals and as otherwise described in the laws of North Carolina, shall be ad- ministered by the Animal Control Director. Specifically: A. The Animal Control Director shall designate employees or agents enforcing this ordinance as Animal Control Officers and Rabies Control Officers. Animal Cruelty Investigators may be ap- pointed by the Board of County Commissioners as provided by law. In the performance of their duties, officers and investigators shall have all the power, authority, and immunity granted under this ordinance and by the general laws of this State to enforce the provisions of this ordinance, and the laws of North Carolina as they relate to the care, treatment, control or impounding of 11 animals. All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control Officers of Orange County. B. Except as may be otherwise provided by law, no officer, agent, or employee of the County charged with the duty of enforc- ing the provisions of this ordinance or other applicable laws, shall be personally liable for any damage that may accrue to per- sons or property as a result of any act required or permitted in the discharge of such duty unless he or she acts with actual malice. C. It shall, be unlawful for any person to interfere with, hinder, or molest any Animal Control Officer, Rabies Control Officer, Animal Cruelty Investigator, police off icerFr­&r­etherr Resctra-workers-rl while in the performance of any duty authorized by this ordinance or the Animal Control Program, or to seek to release any animal in the custody of said agents, except in the manner as herein provided. D. Animal Control Officers, Rabies Control Officers and Animal Cruelty Investigators are not authorized to carry on their person firearms of any kind except as provided herein. The Orange County Animal Control Program may store at the Health Department and use firearms when necessary to enforce sections of this ordinance or under applicable law for the control of wild, vicious, or diseased animals. 12 E. The Animal Control Program shall: 1. Have the responsibility along with law enforcement agencies and where applicable with animal crueler investi„ators to enforce all laws of North Carolina and all ordinances of Orange County pertaining to animals and shall cooperate with all law enforcement officers within Orange County in fulfilling this duty. 2. Enforce and carry out all laws of North Carolina and all ordinances of Orange County pertaining to rabies control. 3. Be responsible for the investigation of all reported animal bites, for the quarantine of any dog or cat ex- posed to or suspected of having rabies, for a period of not less than ten (10) days, and for reporting to the Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal. 4. Be responsible for the investigation of reports or observations of incidents of harassment of or injuries to domes- ticated livestock caused by animals. 5. Be responsible for the seizure and arranging for the impoundment, where deemed necessary, of any dog or other animal in Orange County involved in a violation of this or any other County ordinance or state law. 6. Investigate cruelty or abuse with regard to animals independently or with a duly appointed Animal Cruelty Investigator [ ;- -o r- �t-rer -rem rit 13 7. Make such investigations or inquiries as necessary for the purpose of ascertaining compliance with this ordinance or applicable state statute* 8. Keep, or cause to be kept, accurate and detailed records of: (i) Seizure, impoundment, and disposition of all animals coming into the custody of the animal control program. (ii) Bite cases, violations and complaints, and investigation of same, including names and addresses of persons bitten, date, circumstances, and breed. (iii) Any other matters deemed necessary by the Animal Control Direptor. 9. Be empowered to issue citations or notices of violation of this ordinance in such form as the Animal Control Director may prescribe. 10. Have employees who are trained to standards to be established by the Animal Control Director, which training shall include, but not be limited to, training in animal first aid taught by a licensed veterinarian. F. The premises for all Animal Shelters operated by or for the County shall meet the standards prescribed for commercial XIX kennels set out in Section M(A) of this ordinance. G. The standards applicable to vehicles and care in xx transportation set out in Sections RR (A)(2)(a) apply to Animal 14 Control Officers collecting, transporting, or holding animals in this County. Section IX - Relation to_Huntinq Laws. Nothing in this or- dinance is intended to be in conflict with the laws of the State of North Carolina regulating, restricting, authorizing or other- wise affecting dogs while used in hunting, but this exception under the control applies only while the dogs are -rr -metre` of the owner, keeper, or competent person, and are actually lawfully being used for hunting or training for hunting in compliance with applicable statutes, regulations, or ordinances. This ordinance should be read and enforced consistent with any such law. Section X - Notice in Case of Injury. It shall be unlawful for any person who causes injury to an animal, including but not limited to, running over or hitting the animal with any vehicle, to fail to notify immediately at least one of the following: (1) the o wner(s) or keeper(s) of the animal (if known or ascer- tainable with reasonable efforts made to locate the owner or keeper), (2) an Animal Control Officer, (3) the Sheriff's Department, or (4) the Animal Shelter. Section XI - Mistreatment of Animals Unlawful. The follow- ing acts or failure to act relating to the mistreatment of animals are unlawful and violations of this ordinance: A. It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment; -a-rrimti3:J or to deprive or cause to be deprived any animal of 15 adequate food, and water. with respect to domesticated animals or wild animals in captivity or under restraint, it shall addi- tionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care. B. It shall be unlawful for any person to sell or offer for sale, barter or give away within the county baby chickens, baby ducklings or other fowl under six ( 6 ) weeks of age or rab- bits under eight (8) weeks of age as pets, toys, premiums or novelties; provided, however, that this section shall not be con- strued to prohibit the sale or display of such baby chickens, ducklings or other fowl or such rabbits in proper facilities with adequate food, water, and shelter, by breeders or stores engaged in the business of selling the animals for purposes other than as pets or novelties. C. It shall be unlawful to color, dye, stain or otherwise change the natural color of baby chickens or other fowl or rabbits. D. It shall be unlawful for any person to tether any fowl. E. It shall be unlawful to restrain any animal except in a humane fashion; minimum standards of restraint are set out in Section VII(22) above. F. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or to seize, molest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on or off the property of its owner or keeper. 16 G. It shall be unlawful to Possess any paraphernalia re- lated to dog, cock or other animal fighting, including, but not limited to, gaffs. H. It shall. be unlawful for any person to transport an animal in the closed trunk of a vehicle, _4t _i� . _j;fta-1-4A44,Rt or closed Compart- ment on a vehicle or trailer when the ambient temperature in the vicinity of the vehicle or trailer is greater than or equal I to 70° F. I. It shall be unlawful for any person to commit any of the acts made unlawful under the provisions of North Carolina General Statute Section 14-362, as the same relate to a dog or dogs, or to commit any other act made unlawful by any other law of the State of North Carolina relating to animal fighting or animal baiting. The repeal of such law or laws of the State of North Carolina shall have no effect upon this Section, and the acts herein made unlawful shall, in the event of such repeal, be those referred to in said law or laws immediately prior to such repeal. 9.R _t4je 17 J. [—K:1 It shall be unlawful for any person to abandon or forsake any ah in "&l . ;within the count.y_. [ ar•t��rrI i- e s +Tor�r uge ms- set r -��ae s -rtta R a �r -e - e �T -ems- ea t -e-x---e - -t�t -a- r r-rfta� -u9e- re -a-- Leap-- i- n-- a-,�F4a„e�e w- it-h --a 4et>r34ee-t-1e, r-- -pe- rffri- t -d-rrl xii Section - Control of Vicious Animals; Security Dogs. A. It shall be unlawful for any person to keep any vicious animal with c_ oun ty,. un " nd e z;..restraint and on the Mt- premises of the owner or keeper. Security dogs are subject to all other provisions of this ordinance while off the premises of their owner or keeper. B. Upon an Animal Control Officer's observation of a vi- cious animal at large or off the premises of its owner or keeper and not restrained by a competent person, such officer shall im- pound the animal. C. Upon an Animal Control Officer's receipt of a complaint that an animal is behaving or has-behaved viciously and is at large or off the premises of its owner and not restrained by a competent person, the officer shall investigate the complaint and, upon a finding that there is probable cause to believe a violation of this ordinance or other applicable law or regulation has occurred, shall take any action allowed by this ordinance or State law as the circumstances may require. W3 D. All persons owning security dogs that are classed as patrol dogs 'or sentry dogs as defined by this ordinance shall register such animals with the Animal. Control Director; the owner or keeper of any dog that is classed as a patrol dog or sentry dog under this ordinance shall place a sign or placard on his premises noting "Beware of Dog" or other information noting the presence of security dog(s). E. If an animal is impounded as vicious, authorization for reclamation after any required holding period shall be granted when the Animal Shelter. Manager [-- h.s-.o- - e- s-i-gc in con- sultation with the Animal Control Director Fo-r­h -i-s- -&r -4x-e­& Aes -ig -nee} is reasonably assured that the animal is not vicious or the vicious animal will be properly restrained on the premises of its owner or keeper. XIII Section [K4V4 - Impoundment of Animals. A. An animal impounded under this ordinance may be reclaimed by its owner or keeper according to the procedures of the Animal Shelter. The owner or keeper of an impounded animal shall be responsible for all expenses and boarding costs as- sociated with such impoundment. Unless reclaimed, the impounded animal may be allowed to be adopted or humanely destroyed accord- ing to standard Animal Shelter procedures after five (5) days of impoundment. B. In lieu of impoundment, the Animal Control Director is authorized to issue a confinement order to the animal owner or 19 keeper that would require the owner or keeper to confine a vi- cious animal or an animal otherwise violating provisions of the ordinance. Failure to thus confine the animal would constitute a further violation of the ordinance, subjecting the owner to ap- propriate criminal or civil penalties. XIV Section TR�_] - Handling of Stray Animals. It shall be unlawful for any person, without the consent of the owner or keeper, knowingly and intentionally to harbor, feed, keep in pos- session by confinement or otherwise any animal that does not belong to him, unless he has, within seventy-two (72) hours from the time such animal came into his possession, notified an Animal Control Officer or the Animal- Shelter. A. Any animal at large may in a humane manner be seized, impounded, and confined in the Animal Shelter and thereafter adopted out or disposed of pursuant to procedures of the Animal Shelter and applicable State law. B. Impoundment of such an animal shall not relieve the owner or keeper thereof from any penalty which may be imposed for violation of this ordinance. C. Any animal seized and impounded that is badly wounded or diseased and has no identification, may be destroyed pursuant to procedures of the Animal Shelter. If the animal has rabies or is suspected of having rabies, the body shall be disposed of in accordance with applicable state regulations. If the animal has 20 identification, the Animal Shelter shall attempt to notify ex- peditiously the owner or keeper before euthanizing such animal; in any event, and except as may be otherwise provided by law, the Animal Shelter and Animal Control Program shall have no liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animal's condition. XV Section 14P�q-] Public Nuisance. It shall be unlawful for an owner or keeper to permit an animal or animals to create a public nuisance, or to maintain a public nuisance created by an animal-or animals. Compliance shall be required as follows: A. When an Animal Control Officer or law enforcement of- ficer observes a violation, the owner or keeper will be provided written notification of such violation and be given forty-eight (48) hours -a-ate,d- mafr -t4-&-- -ab,&t-efftnR - r i to abate the nuisance. An abatement orderr, when issued by a_judge of the General Courts of Justice, may prescribe a lesser time to abate the nuisance. B. Upon receipt of a written detailed and signed complaint alleging that any person is maintaining a public nuisance as defined in this ordinance, the Animal Control Director shall cause the owner or keeper of the animal or animals in question to be notified that a complaint has been received, and shall cause the situation complained or to be investigated and a written report thereon to be prepared. Q I C. If the written findings indicate that the complaint is justified, the Animal Control Director shall cause the owner or keeper of the animal or animals in question to be notified in writing, and shall order abatement of such nuisance within forty-eight (48) hours or such lesser amount of time which shall be desig- nated,on the abatement order D. if, after forty-eight (48) hours or such lesser time as is designated in the abatement order the nuisance is not abated, the animal creating the nuisance shall be impounded. XVI Section PX�+I--] - Rabies Control. It shall be unlawful and a violation of this ordinance for any animal owner, keeper or other person to fail to comply with the laws of North Carolina relating to the control of rabies. XVI I Section FXAFI-AI-] - Rabies Tag and Identification Tag. All dogs and cats shall wear a valid rabies tag. All dogs shall ad- ditionally wear an identification tag giving the owner or keeper's name, current address and telephone number. XVIII Section [�I-Ynl - Applicability to Veterinarians. Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this ordinance except for the provisions relating to cruelty to animals and rabies control. 22 XIX Section �74 - Kennel Standards. A. Standards for Commercial Kennels. All commercial ken- nels shall, in addition to the other requirements of this ordinance, comply with the minimum standards of this subsection. Owners or operators of commercial kennels must apply to the Animal Control Director, pay any designated fee, and receive a Permit to own or operate a commercial kennel in Orange County. Facilities shall be subject to inspection during reasonable hours by an Animal Control Officer "0 -f--t " --C° -r_o4_ _-P-C-09-c-a4Q upon his or her request. Failure to meet the standards set out herein shall be grounds for the is- suance of a citation subjecting the owner to the penalties described-herein, and /or the issuance of an abatement order to comply with the provisions of this ordinance. The premises of commercial kennels shall meet the following standards: 1. Buildings or enclosures must be provided which shall allow adequate protection against extreme weather conditions. Floors of buildings and runs, and walls shall be of an non - porous material or otherwise constructed so as to permit proper cleaning and disinfecting. Temperatures in animal con- tainments shall be maintained at a level that is healthful for every species of animal in the containment. 2. Cages, kennels, or runs shall have sufficient space for each animal to sit, stand up, lie do wn, turn around, and stretch out to its full length without touching the sides or 23 tops of the cage, kennel, or run. Cages, kennels, and runs are to be of a material and construction that permits cleaning and disinfecting, and shall have an impervious surface. Cage, kennel, and run floors of concrete shall have a resting board or some type of bedding. Cages, kennels, I and runs shall provide protection from the weather. All animal quarters are to be kept clean, dry, and in a sanitary condition. Cages, kennels and runs shall be structurally sound and maintained in good repair to protect animals from potential injury, contain the animals, and restrict the entrance of other animals and people. 3. Animals shall not be placed in cages, kennels, or runs less such cages kennels, or runs are so constructed to prevent animal excreta from entering other cages, kennels, or runs. 4. Sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun. 5. Each animai snail oe given Ln� uyyvL1-uiiiLy 1— vigorous daily exercise as appropriate. 6. Litter boxes shall be provided for cats and kittens. 7. Food shall not be contaminated, and shall be wholesome, palatable, and of sufficient quantity and nutritive value and offered at appropriate intervals to meet the normal daily requirements for the condition, size, and age of the 24 animal. Food for all animals shall be served in a clean con- tainer so mounted that the animals cannot readily tip it over or defecate or urinate in it. 8. Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infes- tation or contamination by vermin. Refrigeration shall be provided for supplies of perishable food. 9. All animals shall have fresh, drinkable Water available at all times. Water containers shall be of removable type and be mounted or secured so that the animals cannot readily tip it over or defecate or urinate in them. 10. All food and water containers shall be cleaned and disinfected daily. 11. All animals must be fed and watered, cages and kennels cleaned each day, including Sundays and holidays. 12. Adequate veterinary care shall be provided as needed for each animal. 13. Provisions shall be made for the removal and dis- posal of animal and food waste, bedding and debris, to assure the facility will be maintained in a clean and sanitary manner. 14. Facilities such as a washroom, sink, or basin shall be provided to maintain cleanliness among animal caretakers and animal food and water containers. 15. Facilities for animals shall be adequately venti- lated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air, either 25 by means of windows, doors, vents, or air conditioning and shall be ventilated so as to minimize drafts, odors, and moisture condensation. 16. Facilities for animals shall have ample light by natural or artificial means or both, of good quality and well distributed and as appropriate for each animal's health and well being. Such lighting shall provide uniformly distributed il- lumination of sufficient light intensity to permit routine in- spection and cleaning during the entire working period. Enclosures shall be so placed as to protect the animals from ex- cessive illumination. 17. Every person maintaining such a facility s1ha 11 post a notice clearly visible from the ground level at the main entrance to the facility containing the names, addresses, and telephone numbers of persons responsible for the facility where they may be contacted during any hours of the day or night. B. Standards for Non-commercial Kennels. All non- commercial kennels shall, in addition to other requirements of this ordinance, comply with the minimum standards of this subsection. Owners or operators of non-commercial kennels must apply to the Animal Control Director, pay any designated fee, and receive a permit to own or operate a non-commercial kennel in Orange County. Facilities shall be subject to inspection during reasonable hours by the Animal Control Officers � -L-hte -Aft irmari - G e nt upon his or her request. Failure to meet these standards set out herein shall be grounds for the issuance of a citation subjecting the owner to the penalties described herein, and /or the issuance of an abatement order to comply with the provisions of this ordinance. The premises at non - commercial kennels.shall meet the following standards: 1. All enclosures housing animals must provide adequate shelter. 2. The food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. 3. All animals shall have fresh water available at all times. 4. All areas housing animals shall be free of accumu- lated waste and debris and shall be maintained regularly so as to promote proper health. 5. All areas housing animals shall be free of accumu- lated or standing water. 6. All animals housed shall be provided with proper veterinary care to promote good health. C. Standards for Pet Shops. All pet shops, as defined herein, including pet shops run in conjunction with another animal facility, shall, in addition to the other requirements of this ordinance, comply with the minimum - standards of this section. Failure to meet these standards shall be grounds for the issuance of a citation subjecting the owner to the penalties 27 described herein, and/or the issuance of an abatement order to comply with the provisions of this ordinance. Owner or operators of pet shops must apply to the Animal Control Director, pay any designated fee, and receive a permit to own or operate a pet shop in Orange County. Facilities shall be subject to inspection during reasonable hours by the Animal Control Officer or other appropriate representative of the Animal Protection Program upon his or her request. The premises for pet shops shall meet the following standards: 1. There shall be available hot water at a minimum tem- perature of 140° Fahrenheit for washing cages and disinfecting, and cold water easily accessible to all parts of the shop. 2. Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be removable for cleaning and be mounted so the animal cannot turn them over or defecate in them. 3. The temperature of the area around the animal enclosures in the shop shall be maintained at a level that is healthful for every species of animals kept in the shop. 4. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, lie down, and stretch out to its full length without touching the sides, or tops of the enclosure, and floors of sufficient strength and design to ensure the animal's limbs or paws cannot pass through the floor material. W-1 5. All animals under three (3 ) months of age are to be fed at least two (2) times per twenty-four (24) hours. Food for all animals shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over and be of the removal type. 6. Each bird must have a perch and sufficient room to sit on a perch. Perches shall be placed horizon . tal to each other in the same cage. Cages and perches must be cleaned every day and cages must be disinfected when birds are sold or as otherwise transferred. Parrots and other large birds shall have separate cages,from smaller birds. 7. There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Provision shall be made for the removal and disposal of animal and food waste, bedding and debris, to assure the enclosure is maintained in a clean and sanitary manner. 8. All animals must be fed, watered, and all cages cleaned every day, including Sundays and holidays. xx Section 14�_414 - Permits and Standards for Animal Collection. A. A permit for the collecting of dogs and cats for sale shall be required before any individual may engage in any action 046.1 in Orange County in furtherance of any action involving or relat- ing to the collection or procurement of dogs and cats for sale or disposal. A permit allowing such actions will be issued only upon payment of a fee set by the County Commissioners and demonstration by the applicant that the following requirements shall be met: ,1. Permit Application: a. An application for a collection permit shall be made by each and every individual involved in the collecting of dogs and/or cats in Orange County for the purpose of sale or other disposal. Any such application for . the above mentioned purpose shall have to be made to the Animal Control Director on a form prescribed by the Animal Control Director. b. An investigation may then be conducted by the Animal Control Director which may include inspection of the premises where the animals are to be kept and any vehicles in which animals are to be transported. C. Upon the determination by the Animal Control Direc- tor or person duly authorized by the Animal Control Director that the requirements of these regulations have been met and are capable of continuing to be met during the duration of the permit, a permit for no m : ore than one (1) year shall be issued, upon payment of applicable fees, to the individ . ual applicant only for the specific individual applicant, premises, and vehicles listed on the application. 30 d. Application for a permit renewal is the respon- sibility of the permit holder and shall be made no later than thirty (30) days prior to the expiration of the current permit. Failure to reapply prior to the 30-day limit may result in a penalty fee. e. No individual shall be issued a collection permit unless: 1. the individual is properly licensed by the U.S. Department of Agriculture and/or N.C. Department of Agriculture and such license is unsuspended and unrevoked; 2. the individual complies with the Orange County Animal Control Ordinance and all other applicable laws and regulations; 3. all requirements of this section have been met. f. The following information shall be provided on or with the application for a collection permit: 1. the name, address, and telephone number of the applicant; 2. U.S. Department of Agriculture and/or N.C. Department of Agriculture license number under which the ap- plicant operates; 3. a basic description of the applicant's background, including but not limited to all licenses he may have had for handling or keeping of animals, and all arrests or con- victions involving any matter or law in any way pertaining to animals; 31 4. a complete description, including vehicle iden- tif ication number and vehicle license number of each and every vehicle which will be used to collect and/or transport animals; 5. the address and location where the animals will be kept or maintained for the five days after collection. 2. Permit Requirements: a. No permit shall be issued or remain valid unless the Animal Control Director or person duly authorized by the Animal Control Director is satisfied that both the vehicles in which the animals will be collected and transported and/or the premises where the animals will be housed meet the following requirements: 1. Premises All premises shall meet the same standards as set for commercial kennels in Section XIX of this Ordinance. 2. Vehicles a. Vehicles used to transport animals must be mechanically sound and equipped to provide fresh air to all animals without harmful drafts. b. The sections of the vehicles where the animals are placed are to be constructed and maintained so that engine exhaust fumes cannot get to the animals. C. The sections of the vehicles where the animals are to be kept should be cleaned and disinfected after each use and as needed. 32 3. Enclosures In or On Vehicles a. Enclosures (including compartments or cages, cartons, or Crates . ) used to transport animals are to be well constructed, well ventilated, and designed in such a way to protect the health and insure the safety of the animals. b. These enclosures must be constructed or placed on the vehicles so that: i) every animal in the vehicle has suffi- cient fresh air for normal breathing, ii) the openings of these enclosures must be easily accessible for emergency removals at all times, iii) the animals must be adequately protected from the elements, including heat and old. iv) the animals must be adequately protected from one another. co Only animals of the same species shall be transported in the same enclosure. Puppies and kittens under six (6) months of age shall not be transported in the same enclosure with adult animals, other than their mother. d. Each enclosure used to transport animals shall be large enough for each animal to stand erect, sit, turn about freely and lie down in a normal Position. e. Animals shall not be placed in enclosures over other animals while being transported unless each enclosure is so constructed to prevent animal excreta . from entering the other enclosures. 33 f All enclosures used to transport animals shall be disinfected after each use and as needed. 4. Care in Transit a The attendant or driver shall be respon- sible for inspecting the animals frequently enough to assure the health and comfort of the animals and to determine if emergency care is needed and to obtain said emergency care if needed. b. If any animal is in A vehicle for more than three (3) hours, it shall be provided fresh, drinkable water, and food as appropriate. C. Each animal in transit shall have a tag af- fixed to its collar of a type approved by the United States Department of Agriculture. 3. Records: a. Every person who sells, gives, exchanges, or other- wise delivers any animal to a collector must receive from the collector a written receipt, a copy of which is to be kept by the collector, signed by both the owner or keeper and the collector, stating the following: 1. the number of animals received by the collector; 2. the sex, breed, and a general description of each animal received and the U.S. Department of Agriculture :num- ber assigned to each animal; 34 3. the name, address, location, and telephone num- ber of the location to which the animal will be taken for the following five (5) days; 4. the name, address, and telephone number of the collector;[,- 5. the name, address, and telephone number of the person surrendering the animal. b. A written report containing the above information shall be delivered by the person collecting the animals to the Animal Shelter within twenty -four (24) hours of the surrender of the animal. C. A record shall be kept of the disposition of every animal which is collected. d. Every collector shall maintain a copy of all receipts and disposition records for one (1) year. B. A Quality Assurance program to ensure adherence to these standards shall be carried out within the Animal Control Division. C. The Animal Control Director shall be responsible for the full and proper application of this policy. Questions concerning the applicability or interpretation of this policy shall be the responsibility of the Animal Control Director. XXI Section [4�x3q� - penalties. The following penalties shall pertain to violations of this ordinance. 35 A. The violation of any provision of this ordinance shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in North Carolina General Statute Sec- tion 14-4, or other applicable law. Each day's violation of this ordinance is a separate offense. Payment of a . fine imposed in criminal proceedings pursuant to this subsection does not relieve a perso . n of his liability for taxes or fees imposed under this ordinance. 13. Enforcement of this ordinance may include any ap- propriate equitable remedy, injunction or'order of abatement is- suing from a court of competent jurisdiction pursuant to North Carolina General Statute Section 153A-123(d) and (e). C. In addition to and independent of any criminal penalties and other sanctions provided in this ordinance,. a violation of this ordinance may also subject the offender to the civil penalties hereinafter set forth. 1. The Animal Control Director may issue to the known owner or keeper of any animal, or to any other violator of the provisions of this ordinance, a ticket or citation giving notice of the alleged violation(s). Tickets or citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot readily be found. The ticket or citation, ex- cept those issued for failure to license an animal, shall impose upon the violator.a minimum civil 'Penalty of Twenty-five Dollars ($25.00), or such greater amounts for subsequent offenses as may 36 be set by the Commissioners. Tickets Or citations issued for failure to license an animal as required by the Ordinance shall impose upon the violator a penalty of Ten Dollars ($10-00). This civil penalty may, in the discretion of the violator, be paid to the Animal Control Director or his or her designee within four- teen (14) days of receipt in full satisfaction of the assessed civil penalty. This civil penalty is in addition to any other fees or costs authorized by this ordinance. 2. In the event that the owner or keeper of an animal or other alleged violator does not appear in response to the above described ticket or citation, or the applicable civil penalty is not paid within the time period prescribed, a civil action may be commenced to recover the penalty and cost . s as- sociated with collection of the penalty, and/or a criminal sum- mons may be issued against the owner or keeper or other alleged violator of this ordinance, and upon conviction, the owner shall be punished as provided by State law. xxi I Section [-s-] 14�X433q - Severability. If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remain- ing parts. XXIII Section [-X-Y-IW4 - Effective Date. This ordinance shall be effective #1 1987. Adopted this the day of 1987. Upon motion of Commissioner F seconded 37 by Commissioner the foregoing Animal Con- trol Ordinance was adopted this the day of 01 1987. MI � r FmHA Instruction 1942 -A (Guide 19) AGREEMENT THIS AGREEMENT, made this I �Lt day of Ur , 19 67 , by and between County of Orate,, N.C. = hereinafter called "OWNER" (name of Owner), (an Individual) and doing business as Jan ...i��+�„i�i�►�� (a corporation) hereinafter called "CONTRACTOR ". WITNESSETH: That for and in consideration of the payments and agreements herein after mentioned: 1. The CONTRACTOR will commence and complete the construction of Ef an - Cheeks Township, Sanitary Sewer Facilities 2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROTECT described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the NOTICE TO PROCEED and will complete the same within(See Agraement Ametydm�nt) ca en car days unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $� Ogror as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS and includes the following: (1- 15 -79) SPECIAL P11 A -1 y a Y Y ? (Guide 19) (Page 2) FmHA Instruction 1942—A (A) Advertisement For BIDS i (B) Information For BIDDERS (C) BID (D) BID BOND (E) Agreement (F) General Conditions (G) SUPPLEMENTAL GENERAL CONDITIONS i (H) Payment BOND I (I) Performance BOND j (J) NOTICE OF AWARD (K) NOTICE TO PROCEED - (L) CHANGE ORDER (M) DRAWINGS prepared by Hazen and Sawyer, P.C. numbered 1 through 28 and dated MA 14 , 19 (N) SPECIFICATIONS prepared or issued by Hazen and Sawyer, P.C. j dated __May 7 `> 19 85 . I (0) ADDENDA: No. dated 19 y. - i I. A-2 r I FmHA Instruction 1942 -A (Guide 19) (Page 3) (Revision 1) 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized official, this Agreement in ( 6 ) copies each of which shall be deemed an original on the Number of Copies date first above written. (SEAL) ATTEST: Name Please Type) Title aP-rK (1- 15 -79) SPECIAL PN A -3 OWNE R: (2.0u11+y o-� Qra n c, u BY ,n!/ Name �`1if�C�l � MLllr�ha�� (Please Type) Title �Lw- oarCl tl �0rnrn�SS10�l�f� r1 .. .,_ •.M ... N� .�it 4•y r1 I I ER'NHOLZ, klL ' 1IIILL & IIARURAVE -TTOIi \-1 YS AT L,\\% 110 C HURTON STRE17T 1i al,st3C)12mc,11 . N. C. 272713 910.73'? -21W 910-C42-8000 CHAPEL HILL OFFICE SUITE 20, FRANKLIN BUILDING 137 E. FRANKLIN STREET CHAPEL HILL, N. C. 27514 919.929 7151 ALONZO B. COLEM N, JR. STEVEN A. BERNHOLZ. DONALD R. DICKERSON ROGER B. BERNNOI-Z GEOFFREY E.GLEDHILL DOUGLAS HARGR VE MARTIN J. BERNHOLZ RICHARD J. SNIDER. JR. G. NICHOLAS HERMAN KAREN J- SHANGRAW Of Counsel 13ONNER D. SAWYER (190 -1972) June 19, 1987 Ms. Beverly Blythe Clerk to the Orange County Board of Commissioners 106 East Margaret bane Hillsborough, North Carolina 27279 Re: Cable Television Ordinances Dear Beverly: Enclosed is the Orange County Cable Television System Ordinance as amended by the Board on June 16, 1987. Enclosed with Albert Kittrell's copy of this letter, in addition to the Cable Television System Ordinance, is the Ordinance Amending A Franchise To Prime Cable Income Partners L.P. and An Ordinance Granting A Franchise To Alert Cable TV of North Carolina, Inc. The latter ordinance contains the new language proposed by John Hartwell and approved by the Board on June 16th. Both of these franchise ordinances should be considered by the Bcard on its second reading at its regular July nth meeting, GEG /lsq Enclosures xc: Harris H. Bass Richard W. Ellis Douglas B. Keel Albert Kit -rell Randall M. Oder: very truly yours, GecFfre -,- E. - Gledhill (Underlined portions are proposed new material.. Proposed to be deleted are lined through.) Potions ORANGE COUNTY CABLE TELEVISION SYSTEM ORDINANCE Section I. Purpose. In the public interest and for the promotion of the public health, safety, welfare and convenience, and pursuant to statutory authority contained in N.C.G.S. Section 153A-137 and .other applicable laws, the following rules are adopted, which rules set forth the conditions, limitations, restrictions and requirements under which a person may construct or cause to be constructed, operate and maintain a community antenna television system, and engage in the business of providing a community antenna television service in the unincorporated areas of Orange County. Section II. Definitions. For the purposes of this ordinance, the following. terms, phrases, words, abbreviations, and their derivations shall. have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense. The word "shall" is always mandatory a-jk, not merely directory. Board shall mean the board of county commissioners of Orange County, North Carolina. CATV shall mean cable (r_ommunity ant.-nna) television. 1 Cable (community antenna) television service shall mean the business of furnishing to the public for compensation, by means of a master antenna and cables, broadcast TV programs obtained off the air, together with such other program material and advertising as may be allowed by rules and regulations of the Federal Communication commission from time to time. "Cable Television System" or "CATV System" shall mean a system of antennas, cables, wires, lines, towers, waveguides or other conductors, converters equipment or facilities, designed and constructed for the purpose of producing, receiving, tranmitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in the County. This definition shall not include any such facility that serves or will serve only subscribers in one or more multiple unit dwellings under common ownership, control or management, or does not use public rights-of-way." Cable Tykes shall include:, a. Main Trunk Cable. The main distribution line leading from the head end of the system to various areas where feeder lines are attached to distribute signals to subscribers. b. Feeder Line. A secondary _section of cable leading from the main trunk cable past subscribers' homes; also known as branch cable. 2 a_. Drop Line. " The — cable that feeds a signal _to .individual customers from the feeder cable serving specific_ area.. County or th Orange County. Franchise shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license Or otherwise to construct or cause to be constructed, operate and maintain a CATV System in the unincorporated areas of Orange County for the purpose of providing a CATV service to citizens of Orange County. The franchise may include such additional terms, conditions, . restrictions and limitations as may be considered desirable by the Board. d -e-d- —.-Uc-h awe Unless offered by the franchisee or otherwise agreed to be the grantee, any such additional Lerms, conditions, restrictions and limitations shall not be inconsistent witil this Ordinance and other applicable State and Federal laws and regulations. Any franchise granted as herein herLprovided ein p___ shall be nonexclusive within the area covered by it, which may be the entire unincorporated area OL the county or some lesser as deemed appropriate by the board. �Grantee shall mean the person to whom a franchise, r,s hereinal3ove defined, is grant--d by the board under this Ordinance, and the lawful successor, transferree or assignee of said person, firTm or corporation. 3 Gross annual receipts shall mean any and all compensation and other consideration in any form whatever and any contributing grant or subsidy received directly or indirectly by a grantee from subcribers, -e -users or other persons in payment for or arisLn out of any and all cable services � -i n e I U 8 -i n q - -f-ot-M-a- --Cf- - e a . RS4:deratiept -,' S'd M- -Pe-YTM�ft t S t : rovided within Orange County (including without limitation, _monthly charges for basic, expanded, and premium_services, installation charges, leased channel fees, advertising revenues, etc.). If a qrantee serves areas other than the Count and advertisin revenues are received for advertising carried on pro ramming broadcast to customers within the count as well as customers outside the county, then gross annual receipts shall include _R_percentaqe of advertisin I revenues equal to the percentage yielded by dividing the average number of customers with the Count ] during the fiscal year under consideration by the average - total number of customers reached by such advertisinq durin 1 n g the same Period. Head End shall mean the land, electronic process n (tauL p ment, antennas, dishes, towers, buildings, and other a2pur- tenances—normally associated with and located-at the starting point of a CATV system. Person shall mean any person, firm, partnership, association, corporation or organization of any kind. 4 Pro ertV of�grantee shall mean all_ property owned and installed or used by a grantee in the operation of a CATV system or service in the county under authority of a franchise granted pursuant to this ordinance. Street or road shall mean the surface of and the space above and below any public or privately -owned or maintained property or right -of --way, street, road, highway, freeway, lane, path, alley, sidewalk, parkway or drive, now or hereafter existing within the unincorporated areas of Orange County. Subscriber shall mean any person or entity receiving for any purpose the CATV service of any grantee. Section III. Franchise required. It shall be unlawful for any person to engage in the construction, operation, or maintenance of a CATV system in the unincorporated areas of the County unless such person or the person for whom such action is being taken shall have first obtained and shall currently hold a valid franchise granted pursuant to this ordinance. It shall also be unlawful for any person to provide a CATV service in the unincorporated areas of the county, unless such person shall have first obtained and does currently hold a valid franchise granted Pursuant to the provisions of this ordinance. However, ti7is section is subject to the provisions of section XVIII hereof. Section IV. Procedure for granting of franchise. Subject . to and in addition to the 12rocedures contained in the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seg.: (a) Within twelve months from the adoption of this ordinance and whenever necessary thereafter, orange County shall first publish a notice seeking applications for franchises in a newspaper of general circulation throughout the United States and in a newspaper of general circulation throughout Orange County. This notice shall be published at least once a week for four (4) consecutive weeks. This notice shall contain the name of the county, the name and address of the issuing board, the name and address of a representative of the county who can answer inquiries. about the county, in brief the proposed terms of each franchise advertised which terms shall be a minimum requirement for issuance of a franchise, and the date on which the applications for issuance of a franchise will be opened, which date shall be at least forty-five (45) days after first publication of notice. The county shall have available upon request, from and after the date of the first publication of the notice seeking applications, a detailed statement of the minimum requirements which must be met for issuance of each Er anchise advertised, and notice Of this fact shall be published as part of the above notice. 6 (b) On the date specified in the notice for opening Of applications, all applications received will be opened and Placed on file in the Office of the clerk to the board Of commissioners for ten (10) consecutive calendar days Where they will be open for Public inspection during normal business hours. After the applications are opened, a notice shall be published once in a newspaper of general circulation in Orange County stating that said applications are open to public inspection. (c) The . board may grant a franchise or franchises, after a full and complete public h . earing affording all interested parties, including the applicants and the public, the right to be heard. The board will grant a franchise to the applicant or applicants whose proposed system is in the best . interest of the Public and the potential subscribers within the area covered by the franchise. If the board determines that no system proposed by any applicant is in the best interest of the public, no franchise will be granted. Any franchise granted shall contain recitations that demonstrate that the board has examined and approved the grantee's legal, financial and technical qualifications, as we 1 as the adequacy and feasibility Of grantee's construction arrangements. (d) The -0,111ty may request applications for a portion of the UnincorporateC, area of the county less than a whole of t.le unincorporated area. 7 section V. Requireinerits for the Application. A person seeking issuance of a franchise hereunder shall file a written application, in duplicate, with the county manager. The �application shall contain the following information: (a) The name and address of the applicant. If the applicant is a partnership, the name and address of each partner. if the applicant is a corporation, the application shall also state the names and addresses of its directors, officers, parent and subsidiary companies and of stockholders owning as much as three per cent (3%) of the oustanding stock, and shall include a certified copy of the articles Of incorporation. (b) A statement showing the applicant's experience in establishing a system and in providing a service. (c) A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the board, showing the applicant's financial status and its financial ability to complete the construction and installation of the proposed system and to provide a service. In connection therewith, information with respect to financial projections, including nature and so-,-Ir7es of capital or equity financing shall be submitted along with the application. (d) -A statement and description Of the, system proposed to be constructedl installed, maintained or operated .3 by the applicant; the Manner in which applicant proposes t-0 construct, install, maintain and operate the same; and, particularly the extent and manner in which existing or future Poles or other facilities of other public utilities will be used for such system. (e) A COPY of any arrangement, agreement or contract, if existing, between the applicant and Duke University, The University Of North Carolina or any public ut I ili . tY providing for the use of facilities Of such University or public utility, such as poles, lines, cables or conduits. (f) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and a . ny person, with respect to the ownership, control or transfer of the proposed franchise or the Proposed CATV system and service. If a franchise is granted to a Person posing as a front or as the representative Of another Person and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever. (9) A statement or schedule of Pr000sed rates and- charges to Su . bscribers for installation and services. (h) A map showing the franchise area and t!-1e projected construction completion date. The map shall clearly delineate any areas which will not be Served, if any. 9 'The application shy--Ill detail service extension proposals within the franchise area. (i) Any ad . ditional information which the board, at any time, may deem reasonably necessary to determine whether the requested franchise should be granted. Section VI. Acceptance; indemnification; effective date. (a) upon consideration of any application, the board shall determine the applicant's qualifications to construct, operate, I and maintain a CATV system and to provide a CATV service in accordance with the provisions of this ordinance. if the board determines that the applicant I is not so qualified, it may refuse to grant the requested franchise. If the board determines that the applicant is so qualified, it may, by ordinance, grant a franchise to such applicant, to be effective as provided in this section. Provided, however, no provision of this ordinance may be deemed or construed as to require the granting of a franchise when the board determines that to do so would not be in the public interest Any franchise granted shall include the following condition: "The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of orange County and no other purpose whatsoever." (b) Within thirty (30) days after the board has taken final action to approve the granting of a franchise, 10 the grantee shall. file a written acceptance of the conditions required for the franchise, acknowledged before a notary public, with the County Manager. Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this ordinance and the franchise and shall be in such form and content as to be satisfactory to and approved by the County Attorney. (c) Concurrently with the filing of the written acceptance, the grantee shall file with the County Manager the bond, letter of credit, and insurance Policies required by Section XIV hereof. (d) The effective date of any franchise granted shall be the date on which the grantee files the acceptance, bond and proofs of insurance as required herein; provided, however, if any of the material required to be filed with the acceptance or the acceptance itself is defective or fails to meet with approval, the franchise shall not be effective until such defect is cured, or such approval is obtained. (e) If the grantee fails to accept the franchise and file the information re-iuired under this section within the time limit set forth in subsection (b), the board may, at any time thereafter before acceptance, summarLLY--revoke the franchise-.— Written notice of such revocation shall be sent to the grantee forthwith 11 Section V11. j)uratiOn of franchise; termination; transfer. (a) Any franchise granted shall be nonexclusive, shall be for a term of up to fifteen (15) years from the effective date thereof as specified in Section VI above, and shall be renewable for a period of ten (10) years upon terms satisfactory to both the County and the Grantee. (b) No transfer of control of the CATV system shall take place, whether by forced or voluntary sale, lease, mortgage, assignment, encumbrance or any other form of disposition, without prior notice to and approval by the board which shall not be unreasonably refused. The notice shall include full identifying particulars of the proposed transaction, and the board shall act by resolution. The board shall have sixty days within which to approve or disapprove a transfer of control; if no action is taken within sixty days, approval shall be deemed to have been given. For the purpose of this section the term "control" is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. -4 rebuttable presumption that a transfer of control has occurred shall arise Upon the acquisition or accumulation by any person or group of persons of 10 percent of the voting shares of the company. In the absence of extraordinary cjr:cumstancF s the. T3oard will nn,- cloprove any transfer or assignment of a _ I- - IM franchise before completion of initial construction of tije energized cable. (C) The board may terminate a franchise prior to the date of expiration upon a that: (1) The grantee has failed to comply in some material respect with any provision of this ordinance or has, by any act or omission, violated in some material respect any term or condition of any franchise Or permit issued hereunder; or (2) The grantee made a material, false statement in the application for a franchise, knowing it to be false; or ( 3 ) The grantee is not providing subscribers with regular, adequate and proper service. (4)—The grantee becomes insolvent, enters into receivership or —LLIuLdation , . files for bankruptcy or is unable or unwilling ay to 2 --2,2_Y its debts as th�!��ture.2r is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the CATV system (unless the _grantee is in due Process of contesting such debts); or 13 (5) _,rhe_grantee violates in_a_ material wa�_any- FCC order or ruling (?�L the order or ruling of any other governmental body Navin jurisdiction over the grantee unless the grantee is lawfully contesting the legality or applicability of such order. In the event that the board shall decide to terminate for cause a franchise granted hereunder, it shall give the grantee thirty (30) days written notice of its intention to terminate, and such notice shall sti ulate the cause. if during the thirty (3,0) day Period the cause shall be cured to the satisfaction of the County., the County may, at its discretion, declare the notice to be null and void. in and event, before a franchise may be terminated, the rantee must be Rrovided with an o2portunitv to be heard before the board in accordance with due process procedures. If a grantee's franchise is terminated, the decision shall be sub ect to judicial review in the u erior Court of_2range County. (d) In the event that any part of the CA'I'V system is discontinued for any reason for a continuous period of 365 days or the f ranchi se���- i- T . i�rw�t_w,-- :=- Yr- --!*nr is terminated by th board, pursuant te- to terms of this ordinance, and all negotiations to settle the differences between the parties have failed (provided, however, that such negotiations shall not be required), the board may advertise and seek another 14 grantee to operate the system . . The board, in seeking a new grantee, shall , use, the same methods and procedures set forth herein as are required to grant the initial franchise. If a franchise is granted to another person, the terminated grantee may be required to sell the entire CATV system to the new grantee at a price to be determined by three (3) competent, independent appraisers, one each to be appointed by the terminated grantee, the new grantee, and the board. The appraisers so appointed shall use the then-best methods of I appraising to determine this value. The terminated grantee shall fully cooperate with these appraisers. The Cost of the appraisers shall be shared equally by the terminated grantee and the new grantee. The terminated grantee shall execute such deeds, bills of -sale and other documents as may be necessary to effectuate this sale. The board's decision to terminate shall be subject to appellate review as provided by law. The County upon expiration or termination of a franchise, require the grantee to continue to provide service for a reasonable period (not to exceed six months) in order to assure uninterrupted service to subscribers. If removal of the CATV system from the streets, roads or public places is required by any law, statute or regulation, such removal shall be performed by and at the expense of the terminated grantee. In carrying out `his removal, the grantee shall , place tine streets, roads or pubi,ic tDlaces in the same condition as befor�3 the system was built. If the county or the state is forced to remove the system, the work shall be done at the expense of the terminated grantee. However, nothing herein shall be construed as a. requirement that the ca2Dty—ar the state remove the CATV sy stem _in the event the grantee does not. Removal as herein prescribed shall commence not later than six months from the date of the action requiring removal and shall be completed within a reasonable time thereafter. Section VIII. Authority granted by the franchise. (a) The grantee of any franchise granted pursuant to the provisions of this ordinance shall, subject to the conditions and restrictions set out in this ordinance and any franchise ordinance adopted pursuant to this ordinance, be authorized to construct or have constructed, operate and maintain a CATV system; and, to engage in the business of providing a CATV service in those unincorporated areas of orange County defined in the franchise, and for that purpose to erect, install, construct, repair, replace, re-construct, maintain and retain in, over, on, under, upon, across, and along any public street, such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtanant to the 'CATV system (Provided, however, that before any pole, wire, or other thing mentioned 1-6 above necessary and appurtenant to the CATV- system may be placed within any street or road, the proper permission and authority to do so must be obtained by the grantee from the North Carolina Department of Transportation, or other agency Of competent jurisdiction) and, to use, operate and provide similar facilities or properties rented or leased from other persons. It shall be unlawful for any telephone, telegraph, or Power company or any other public utility company or person to lease or otherwise make available to any other Person, any poles, lines, facilities, equipment or other property for use in connection with the operation of a CATV system or service, unless such other person holds a valid franchise granted pursuant to the provisions of this ordinance. the -a7Tr0-=t-5 v e _Sec-o-n-d--y'e . a r s - 7-T-- G 9 14 r- u e t r f-r-G, � Novi F3.}-- -1-- arid- 38 -i5 -f- -t Yr € o ti t -S Y-t - i is t r -t-e4:i-t4* -a+�& -twel-f l -€-tom -e-rt& -f-&Ltr-teei�tl-r -I-e-a-&a o.f- - t4e - f g a A r. 1; -1 g e - S14& I- I- - d e-te -F ffi-ifle- 4-t- w-i- I I - -a-r, e. - -c-a-t-e- - med -i-f-i-oa-t- i- e Fi - -a-u-t-Y+& rm 1 t y.- - -3 -f -- kre --bo -a d,Q,G� I. lne�s- --r-a-t-e. a- -a-rta&r-i- t y7 - - tote -r+ - -ra-t-e-s- -m a y- -b-e- t4& _14,gar-d -a G r. 4:1 FRe s - -ra-t� 4Rod4-f-!<-_ - kwr- -&L+t-l+&r-k t-t r 7 -the n- -f-er- -L-i - 4aa e , - Akre - fee f Fki+ - w i t I, i R - -tom- - X14)- -4 a y 5 -'S'f- -n-c- rf-i-f_�-oln -bY- q'Rt4-t4'q4qr - -the- - g pa A tee- _s4je4-1- s- -Cf- ay -�'e-r- -0-f- -b- €-o r- 9 t e - t4& -(4& t a - e f- - 9 a -1 pe -j 7 - e - -fffnt 4 t +j e 6 18 &Izd -t-4@1 -ID�pGs-ed. -r+&t4 -&ct-t-es, -t-hH-_ -ert -artr -par &graph - -(-il - rev i-& i-eft& bast -5 ri d --tit 4 d - r a t e 5 -S +1 -a 4C _j ___pe be re- .9-ra Rtee - - -tom- _po�j_ re f Lt -t4i-e- e_ret-?e_e_ em- -0 f era-t in ++Ie- 19 -f-crv- -ti-m— -c}ec7rs±-crrr - in - smc-h tie - -bct-h- - L-he - q -f -a-M tee - tm-rd- 4- � - StTb SCr ibe ra -a n d -be- _g.&� _a_ 1-1-y- as-miftkmum -rates - nec es -s a r y- tio m,e e*- - -a-1-1- -app-l-ic-a-b-l-e- -c-&& t-s- - a -f - -4i clttdtiitT - Ear i- r- - v e ta r n 4@-R­a_j_j_ - -j+gv_e-s-t-e-&- -&I-i --arF3 5 tiffs -il-rg- -,e-f--f+c-i7en t - -and .e,eG.n.9fR4eal- ffiasa-geiiient7 (b-5+ - -1-n- --ar4er­ -fe-r- -t4,i-,_- -15p&&r6e+ - -t-o- -de-te-rmiTTL- - wheth er -r-a-tre- -L-1+amn-c:p&& - -eempe-rt- -w-i-t-h- beriar - estmb-li shed 4_4q- -abov-L-j- -t-jt& - g rant ee X s - -fo-r- -er - r a t e 4Qe_Fe,aGe_ the- -fe-l-jew-ing- f -wh±ch may-be-requireel-,-aftd -a nd_ _p t e� -S-ub7s-=.i7b!a r s - -a-rrd _c -ift!tPectiOft-bY -the -7can t7 -t-r a ft S tje_t7j_ojyEr- - -f-c� - -tir-- -p-U� se - -(7 -err-ether- -i-rr, - e o s t s. Torrvm-a-tT_� - _dTrer 7_ rt 1- + s t 20 -n t-G- 4 -de-tre-r-frjj-l.a t i� ()'-f- -t-h-& -&YF7 trem r- - - -A-1-1- -s-t-&t-c-rfte`ftb& - 5 jj a l+ - t-e- a-,-- 4)-Y- �&&i-Oer- -o-f- -ARy - -be twee n - -t4le- -ea u n ty - -&f� t-h-e- -gEa n tee - _4:nterpEeta t4:ens - -a'n& -Cale min tjon S - -Crf- t-4 . -�e­ --f ii nai:iei al- -a-ri-d- - -by - _Hre_ ed- - +_v- - !a- CTMrPrC. t eTr-t7- (c) The grantee shall not engage in the sale, service, repair, rental or leasing of television receivers, radio receivers, parts or accessories and shall not require or attempt to influence its subscribers to deal with any particular person in regard tnereto. (d) Construction and maintenance of the CATV system, including house connections, shall be in accordance With the Provisions of the applicable sections of the current edition of the: 1. National Electrical Safety Code of the Institute of Electrical and National -Engineers; and 2. National Electronic Code of the National Fire Protection Association-r; and 3- Occupational Safety and Health Act of 1970; and 4. North Carolina State Builclinq Code; and local codes and ordinance,, 21 Section TX. Conditions on use of streets or roads. (a) The poles used for a distribution system shall be, to the extent possible, those erected and maintained by either a power company or a telephone company, or both. Notwithstanding any other provisions of this ordinance, no poles except replacements for existing poles, shall be erected by or for the grantee, in any street, without the prior approval of the board; any poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such a manner as to comply with all state statutes and rules and regulations of the North Carolina Department of Transportation, or other agency of competent jurisdiction, and said Department of Transportation or other agency of competent jurisdiction must approve such construction and maintenance. All facilities constructed or installed within street or roads shall be so constructed and installed to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Said facilities shall be constructed or installed so that, after construction Q� installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with property rights of owners of property adjoining sai7l street or road. 2.2 (b) The installation of lines, including service drops to subscribers, shall be made underground in areas where both the telephone and power lines are underground or hereafter may be placed underground. The same shall apply to installation of other facilities. Also, installation of lines and facilities shall be made underground, and any .existing above-ground facilities shall be placed underground when required by rules, regulations and policies of the North Carolina Department of Transportation. (c) The grantee shall, at its expense, protect support, temporarily disconnect, relocate in the same street or other Public place, any property of the grantee w . hen required by the county or the North Carolina Department of Transportation . by reason of traffic conditions, public safety, street closing or abandonment, highway or street construction, change or establishment of street grade, installation of sewers, drains, water pipe - s, power lines, signal lines, or any other type Of structures or improvements; and the county or the North Carolina Department of Transportation shall not be liable for any disturbance of the grantee's installations resulting the . refrom. This section applies to. streets or roads as defined herein. The grantee shall carry out ins ructions and directions of the North Carolina Department of transportation District Engineer whenever it is necessary . to raise or remove any of t-he grantee's Wires or cables ,_,=moorarily for the purpose of moving or removing structures on the public streets or roads, of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working order. All matters mentioned herein shall be performed at the grantee's expense. (d) Whenever a grantee takes up or disturbs any pavement, sidewalk or other improvement of any street or road, the same shall be replaced and the surface restored to as good condition as before entry, all in accordance with standards, rules and regulations of the North Carolina Department of Transportation or any subdivision thereof. Any opening or obstruction in the streets shall be guarded and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which shall be clearly designated by warning lights of approved types. Section X. Construction and installation. (a) within thirty (30) days after acceptance of any franchise, the grantee shall proceed with due diligence to obtain all permits and authorization required f o r construction, installation of the system and the conduct of the grantee's business, including, but not limited to any utility joint use of pole attachment agreements, licenses and authorizations of any regulatory agencies having jurisdiction over the construction and operation of the CATV system. 24 (b) Within ninety (90) 1 days after obtaining all necessary permits, licenses and authorizations, the grantee shall commence construction and installation of the system in accordance with the terms of the franchise granted. COmPletion -tic- ffl- rtbe e ef-j- of the system shall be pursued with reasonable diligence thereafter according to the terms of the franchise granted. (c) The franchise shall detail service extension requirements within the franchise area. ee+Ie-i-de� -aL-- en FR e e e e 2- -t-�a-e- - eega�a- t t- Reza - g G E? r- V- e�r f44 (d) At the end of each franchise year, the grantee shall file with the county a map showing the location of energized trunk actually installed, location of energized trunk proposed to be installed in the next franchise year, the areas being served by CATV service, and the area expected to be served within the next franchise year. { (e) Failure of the grantee to commence and diligently pursue each of the foregoing requirements and the expansion requirements set forth in the franchise granted or failure to commence rendering service to subscribers within the time stipulated in the franchise after acceptance of the franchise shall be grounds for termination of the franchise; provided, however, the board may extend any of these requirements in the event tine grantee, acting in good,faitn, experiences delays due to circumstances beyond its control. 4.44 (f) The standard of construction methods and equipment shall be that currently accepted in the CA'Pv in3ustr.y and _as prescribed in-the-franchise. I�� Section XI. Construction Timetable (Reserved). Section xil.. Operational requirements. (a) The grantee shall install and maintain a CATV system which shall be in accordance with the highest and best-accepted standards of the industry, to the end that subscribers shall receive the best possible service. In addition, the grantee shall comply with all applicable regulations of agencies having jurisdiction over the CATV system. (b) The grantee must obtain individual permits for street openings, must have installation or construction plans approved prior to construction, must secure all necessary permits at its expense, and must pay all fees charged for closing pavement cuts. c) When any portion of the CATV system is to be installed on public utility poles and facilities, a copy or all joint use agreements shall be filed with the county. (d) The grantee shall maintain a local office for the purpose of handling subscriber complaints and providing prompt maintenance service. (e) The grantee shall use its best efforts to upgrade the system after construction to conform the system to advances in the state of the art in the CATV industry. 27 (f) The gran tee shall use the highest standard of care to protect the privacy of all subscribers to the CATV system, and the system shall be designed, constructed and maintained to that end. Section XIII. Remuneration to County. Within sixty (60) days after the close of its first fiscal year after acceptance of a franchise, and each succeeding fiscal year thereafter during the life of the franchise, the grantee shall pay to the county for the privilege of constructing, operating and maintaining the CATV system as defined in Section 11, and for the privilege of providing the CATV service as defined in section II during the. ensuing fiscal year, a sum equal to five per cent �--%+ (50) of its gross annual receipts during the preceding year. within forty-five (45) days after the expiration of the grantee's fiscal year, the grantee shall file with the county a financial statement prepared by a certified public accountant, or other person satisfactory to the board, showing in detail the gross annual receipts, . as defined herein, of grantee during such fiscal year. The payment OE this fee is in addition to any ad valorem taxes which the county may levy on the grantee's real or personal property. At any time during the three (3) fiscal years following the payment of the annual fee, the county shall have the right to 28 inspect the grantee's records showing the gross annual receipts from which these payments are computed and the right of audit and recomputation of any and all amounts under this ordinance. Acceptance of payments hereunder shall not be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this ordinance or for the performance of any other obligations hereunder. In the event of holding over after expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than one hundred per cent (100%) of its total gross profits during said period. Section Xiv. Rights reserved to County. (a) Nothing herein shall be deemed or construed to .impair or affect, in any way, to any extent, any right of the county to acquire the property of the grantee, either by purchase or through the exercise of eminent domain. (b) The county hereby reserves the right to amend any section or part of this ordinance. (c) At all reasonable times, the grantee shall permit any duly authorized representative of the county: (i) To examine any and all financial records maintained by or under the control of the grantee relating to 29 all revenue obt; -iined by it from its operation under the franchise; (ii) To inspect and obtain copies of any or all maps or other diagrams maintained by or under the control of the grantee showing the location and the layout of the various components of the CATV system operated by it under its franchise; (iii) To inspect any and all installations owned, maintained, or used by the grantee in its operations under its franchise including all towers, cables and other components of the grantee's CATV system. (d) The grantee shall: &tlae -a-ri& -a-ga i- n-st- -a-1-1- -17 i a bA-14-t-y- -t-cr - t5+--h7eT-s-;- -a-r ± s-i-n-g- --a d -aftd- -a-ga%�fts-t:7 -a i: + - -t-0- et MY -14-a-b-a -I+t-r -�crr - �d-amlg-n--S- -17-T r- e a a-titre—o-f—the—g-r-an tee -tr7 -t-O- - b e - -inrT - t h e - -,jr-t-e-e: : -s7- -art t e y Ur 11 it save the County, its officers and employees (hereinafter collectively —called the -Counjy) harmless from all loss sustained by the County 2_n._account of any suit, 30 judgment, execution, claim or demand which the County may legally be rec aired to Pay as a result of the award of a franchise hereunder or as a result of the exercise of and franchise granted to the grantee. (ii) save the Countv harmless anri l nrimmn; Fa ; +. from all loss sustained by the County on account of any suit, judment,�execution, claim or demand whatsoever based upon any injuries or damages sustained (including but not limited to Copyright infringement) arising of the installation, operation or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or Prohibited by this ordinance or any franchise granted hereunder. (iii) pay all ex enses incurred by the County in defending itself with regard to all —damages and penalties mentioned in subsections (i) and (ii) above. These expenses shall include all out -of- pocket expenses, such as consultant or attorney fees, and shall also include the reasonable value of any services rendered by the County_ Attorney or any other employee of the County. (e) Concurrently with the filing of the written acceptance as required in Section VI, the grantee shall file with the County -Manager_, and at all times thereafter maintain in full force and offset for the term of the franchise or any rene4al tn�nr.aoE; (i) A good and sufficient liability insurance policy or policies, providing three hundred thousand dollars ($300,000.00) coverage for personal injuries to each person; five hundred thousand dollars ($500,000-00) coverage for all personal injuries in each accident; and three hundred thousand dollars ($300,000-00) coverage for all property damage in each accident. The policy or policies shall name the county as an additional insured and shall be for the purpose of insuring the county against any and all legal liability, court costs, or demand for personal injury, death or property damage arising out of the operations of the grantee under this ordinance or its franchise. (ii) A good and sufficient insurance policy with one hundred thousand dollars ($100,000.00) limits Of liability for each accident naming the county as insured and insuring the county against damage to its property arising out of the operations of the grantee under this ordinance. (f) Concurrently with the filing of the written acceptance as required in Section VI, the grantee shall file with the County Manager, a corporate surety bond in a company authorized to do business in the State of North Carolina and found acceptable by the County Attorney, in the amount of fifty thousand dollars ($50,000-00) to guarantee the timely construction and full activation Of the cable television system. 32 The bond shall provide, but not be limited to, the following condition: There shall be recoverable. by the county, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the county resulting from the failure of the grantee to satisfactorily complete and fully activate the cable television system pursuant to the terms of the franchise. Any extension to the prescribed time limit must be authorized by the board. Such extension shall be authorized only when the board finds that such extension is necessary and appropriate due to causes beyond the control of the grantee. The construction bond shall be terminated only after the board finds that the company has satisfactorily completed and fully activated the cable system pursuant to the terms of the franchise. The rights to the county with respect to the construction bond are in addition to all other rights of the county, whether reserved by this ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such construction bond shall effect any other right the county may have. (9) Concurrently with the filing of the written acceptance as required in Section VT, the grantee shall deposit with the County Manager a letter of credit from a financial institution in the amount Of tell thousand dollars 33 ($10,000.00) The form and content Of such letter of credit shall be approved by the County Attorney. The letter of credit shall be used to ensure the faithful performance by the grantee of all provisions of this ordinance and the franchise and compliance with all reasonable orders, permits and directions of any agency of the county having jurisdiction over its acts or defaults under this ordinance or the franchise, and the payment by the grantee of any claims,.Iiens and taxes due the county which arise by reason of the construction, operation or maintenance of the cable television system. The letter of credit shall be maintained at ten thousand dollars ($10,000.00) during the entire term of the franchise, even if amounts are withdrawn pursuant to this section. If the grantee fails to pay to the county any compensation within the time fixed herein; or, fails, after ten (10) days notice to pay to the county any taxes due and unpaid; or, fails to repay the county within such ten (10) days, any damages, costs or expenses which the county shall be compelled to pay by reason of any act or default of the grantee in connection with this ordinance or the franchise; or, fails, after three (3) days notice of such failure to comply with any provision of this ordinance or the franchise which the county manager reasonably determines can be remedied by demand on . the letter of credit, the County 34 Mana-ger may immediately request payment of the amount thereof, with interest and any penalties, from the letter of credit. Upon such request for payment, the County Manager shall notify the grantee of the amount' and date thereof. The rights reserved to the county with respect to the letter of credit are in addition to all other rights of the county whether reserved by this ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the county may have. (h) The grantee shall pay to the county a sum of money sufficient to reimburse it for all expenses up to $20,000 incurred by it in connection with the granting of a franchise pursuant to the provisions of this ordinance less all application fees collected by the county pursuant to the process leading to the award of the franchise. Such payment shall be made within thirty (30) days after the county furnishes the grantee with a written statement of such expenses. (i) The grantee shall file and maintain with the county manager__Z02ies of all petitions, applications and Communications transmitted by the grantee to or received by the grantee from all federal and state regulatory or agencies having !competent _ jurisdiction to regulate the 20erations of any broadband telecommunications network authorized hereunder. 35 if any section, sentence, clause or phrase of this ordinance or the franchise is held invalid or unconsti- tutional, such in validity or unconstitutionality shall not affect the validity_of the remainder of this ordinance or the franchise. However, if an such provision is determined to be invalid at the time this ordinance becomes effective or a franchise is accepted, and a subsequent change in renders such provision lawful, then such _provision shall thereafter be fully enforceable. (k) The grantee shall not be relieved of its obligation to coEELX promEtLy with and of the provisions of the franchise by an failure to the CountX to enforce prompt compliance. (1) This ordinance and any dispute arising from its adoption, or from any franchise granted pursuant thereto shall be -governed by the laws of the State of North Carolina and the county consistent with a licable Federal Communica- tions Commission rules and regulations. (m) This ordinance shall not be deemed conclusive as to the terms and conditions of any franchise issued here- under. The final terms and conditions of such franchise shall be determined _b the franchise ordinance. (n) The county shall have the right to petition to intervene, at its own expense, and the _qrantee__.s12ecificallv 23Lees._by_its acceptance of a franchise not to_22pose such 36 petition to intervene, in any suit or proceeding to which the grantee is a2arty. Section Xv. Franchise fee (Reserved). Section xvi. Service and Maintenance; Procedure for investigation and resolution of complaints. . (a) Maintenanance service shall be promptly avail- able to all subscribers upon request. The grantee shall maintain at least two (2) published telephone numbers with a local exchange where calls for service will be received. The grantee shall respond to calls for service as follows: (i) A system-wide failure is defined as the failure of 25% or more of the Main Trunk Cable or the failure of so much of the CjATV .stem of the grantee as results in 25% or more of the subscribers simultaneously_ being without CATV service. (ii) Prime time is defined as the periods between 5:00 o'clock P.M. and 12:00 o'clock _nidni ht, Monday through Friday and 12:00 o'clock noon and- 12:00 O'clock mid- night, Saturday and Sunday. (iii) In the case of a system-wide failure during Prime time, the grantee shall respond with personnel trained to make all reasonably necessary repairs to the location of the failure within thirty (30) minutes of the call for ') 7 service which reasonably alerts the grantee that a _system- wide failure has occurred. (iv) In case of a system-wide failure durin2 other than prime timer the grantee shall respond as in (iii) within eight .(8) hours of the call for service : which reasonably alerts the grantee that a system-wide failure has occurred or within thirty (30) minutes of the start of the first business hour after the call for service, whichever first occurs. (v)_ All other calls for service shall be answered in ]2erson by an agent or employee of the qrantee during normal business hours, Monday through Friday. Other than normal business hours and during weekends and holidays, calls will be answered in_person_ by an agent or em2loyee of the granteeor by a recordin!j device which gives the caller the opportunity to record a message. All calls for service fallingwithin this subsection shall be answered by a service visit, or a tele2hone call to schedule a visit, within two hours of any call for service received during normal business :hours andr in allother cases, within two hours of the start of the first business hour following the call for service. (vi) The grantee shall to all calls for service, identifying the caller, the address of the caller, a description of the complaint including the location of an failure of CATV service. This log shall be tabulated. IVANt Wj and the — tabulation shall be delivered to the county_manacier upon its completion. (b) Whenever it is necessary to interrupt service over the CATV system for the purpose of network or system maintenance, alteration or re air, the qrantee shall do so at such time as will cause the least amount of inconvenience to its subscribers. Prior announcements of such service interruption shall be carried on the a2propriate basic service channel whenever possible. (c) The grantee shall not give ,any_ priority r undue advantage in service or maintenance to residents of any particular development or nei hborhood. (d) The grantee shall make a reasonable effort in pod faith to resolve all complaints made to it re arding the operation of its CATV s stem. The grantee shall forthwith furnish to the County a copy of all complaints contained in written_ correspondence it receives (other than notations or comments written on invoices). If any complaint is not resolved to the reasonable satisfaction of the person making the complaint, such person -may appeal to the county manager. The manager's resolution. of the matter shall be final unless the manager's determination is overruled by the board. (e) The grantee shall give notice of the existence and availability of the complaint resolution procedures set forth in this—section—to each subscriber at the time of his initial subscription to the CATV system as and to those ,._n — 39 subscribers of the grantee in existence on the effective date of the establishment of this complaint resolution procedure within thirty_(30) days-of its establishment. (f) When making service visits, all Grantee's personnel shall carry-with them and -provide upon request proper identification, including a photogr 4na-i-n-t-a-i-n- -<a- _IQC-&L -bus i;;9rs - Q-f t! cP the die- -p-r<mpt-l-y- -av-a­i-l�l--e -t-0- 9 ubse -r ibe r 9 - -af TIRe er a a f ATV -prrec-e4u-r-es- -mki&t- - -p-req-ide- -E-Or- 6-f _c--&tj-R # y- -o-f- ek - t- -w-rri- t 4: n I - -b� -the if -the-peEse-B erg- -1-s- - -t-h-e­ -g-r-a-r+�eev - -he -a-r-i4xk - -0-f­f­i-<_-eP 16 ,9 .e-rfR44i -a -t4,&R- 4D-f- -t4l-e­ -C_Gffq)_j_a_j-:j+t- -j-& -4j-f-fre, Frt -gr-Wff - t- h at e4 -*-lie 9� aA tee - _wj -= h- -t4q-L- -re� me - -t-0- -t-i4rl4a— -eqr,4_;n�r- -]a e -+.,-a 4D-y- -a ad -- a bqa_r 4- -a-R+3- ef f i ee -t4-m-- _-c -antee--sha-1-1 t- 4 4 F 4 Qj R G r *n-a �4 1 41 oo-rr G r 4 - V- < —_ t 4- C- e­ - - 9 - e - - e -K - 4. - .3 - e 0 C- - e- - - a 1 -1 - -Y - -e€ 9 e e - a C-1 I- - r,ti b - s r44 a t - - t- h €-- b4-s- 4 40 Section xvii. Violations. (a) It shall be unlawful for any person, firm or corporation to make any.unauthorized connection, extension or division whether physically, accoustically, inductively, electronically or otherwise, with or to any part of a franchised CATV system within the county for any Purpose whatsoever. c- 9 4 P-&E-a-t-i-G-r+ - tr 9 . fae-k�-- -a-Fry --j�ttt-le i ve-17y- --err, 0 t1; ar-w i SG r -W a R y - pa-rmt -a- -r-af kcri-s-E-d- t h 9 - QQ444;mty- -f-o-r- -t4:H-- -parrpa sre - e =' -h4in-s� -f- le tar e 9-er (b) It shall be unlawful for any person, without the consent of the owner, L, to willfully tamper with, remove or injure any cables, wires or equipment used for distribution of television signals, pictures, programs or sound. (C) As provided in Sections VII(c) and X (e) violations of this ordinance by—a grantee may result in termination of the franchise. (d) A violation of any of the provisions of this 41 ordinance or a failure to abide by any of the provisions of a franchise issued pursuant to this ordinance shall subject the offender to a civil penalty of twenty-five dollars. If a person fails to 2ay this penalty within ten (10) days after being cited for a violation, the county may seek to recover the 2enalty_by filing a civil action in the nature of debt. (e) A violation of Sections III and subsections (a) and (b) of this -Section shall constitute a misdemeanor, Eunishable as -provided in G.S. 14-4. M The county may seek to enforce this ordinance and an cable television franchise through any appro2riate equitable action. (g) Each daythat a violation continues after the offender has been notifed of the violation shall constitute a separate offense. (h) The county may seek to enforce this ordinance by using any, one or any combination of the foregoing remedies. Section XVIII. Services presently provided. It is the intent of this ordinance to permit the operation of any CATV system and the provision of any CATV service only after the system operator obtains a valid franchise pursuant to this ordinance and to permit any such system and service to continue only where the system operator 42 currently holds a valid franchise granted Pursuant to the Provisions of this ordinance. It is further the intent of this ordinance that unfranchised CATV systems and operations, including those in place on the effective date of this ordinance, not be used as grounds for adding to, enlarging of, extension of or expan- sion of existing systems or operations. Consistent with the above stated intention of this ordinance and as expressly provided in N.C. Gen. Stat. Section 153A-137, Section III of this ordinance makes it unlawful to operate a CATV system in the unincorporated areas of the County without a franchise. In order to implement this principle with respect to . unfran- chised CATV systems and service, including those in place on the effective date of this ordinance, the Board may: 1. Declare the operation, construction and maintenance Of unfranchised CATV systems, and service, including those . in place on the effective date of this ordinance, in the unincorporated areas of Orange County unlawful and require the operator of any such system or service to discontinue construction, operation and main- tenance of any such system or service and to remove the CATV system from the streets, roads, and other Public places and in all respects to cease providing cable television service. Such removal shall be done by and at the expense of the CATV operator. 43 2. Award a franchise to the owner of an unfran- chised existing CATV system as prescribed in Section IV of this ordinance and provided the operator/owner has made ap- plication for a franchise as prescribed in Section IV of this ordinance. 3. Declare the operation and maintenance of unfran- chised existing CATV systems and service, including those in place on the effective date of this ordinance, in the unin- corporated areas of Orange County preexisting permitted uses and award a franchise therefor as prescribed herein and provided the operator/owner of an unfranchised existing CATV system, including those in place on the effective date of this ordinance, has made application for a franchise as prescribed in Section IV of this ordinance. If the Board shall' elect to declare the operation of an existing CATV system or service a "preexisting per- mitted use" it shall do so by awarding a preexisting per- mitted use franchise upon such terms, conditions, restric- tions and limitations as may be considered desirable by the Board. All rights reserved to the county prescribed in Section VII of this ordinance shall pertain to any pre- existing permitted use franchise except that any such franchise granted hereunder I shall be nonexclusive, shall be for a term of up to fifteen years from the effective date thereof as specified in the franchise and may be renewable 44 upon I such terms as are satisfactory to both County and the grantee. The authority granted by a preexisting permitted use franchise shall be limited to providing cable television service to the homes connected to the CATV system and served on the date of the expiration of an existing valid franchise or on November 24, 1980, whichever date is later, and to providing reasonable, ordinary maintenance of the CATV system in place on the applicable date. No such CATV system shall be extended. In all other respects the authority granted by the preexisting permitted use franchise shall be as prescribed in Section xiii of the Orange County Cable Television System Ordinance. All rights reserved to the County prescribed in Section XIV of this ordinance shall pertain to any such preexisting permitted use franchise except that the grantee shall not be required to post the surety bond described in Section XIV(f). The liability of the grantee to reimburse the County for expenses incurred by it in connection with the granting of the franchise shall be limited to the application fee paid by the applicant. All other provision's of the Orange County Cable Television System ordinance inconsistent with this section are superseded by this Section with respect to a preexisting permitted use franchise. 45 Section XIX. Effective date. This ordinance shall become effective upon its adoption. Adopted: December 3, 1979 Amended: August 19, 1980 November 24, 1980 February 23, 1981 46