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Home My WebLink AboutAgenda - 06-18-1985 MANGE COUNTY BOAHD OF COMMISSIONERS AGEMA REGUIARMEETIN3 TUESDAY, JUNE 18, 1985 'CED POST CFFICE CHAPEL HILL, N.C. 7:30 P.M. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda C. APPOINTMENTS D. PUBLIC HEARINGS 1. Preliminary Assessment Resolution--Pineview Road/ Pineview Drive 2. Preliminary Assessment Resolution—Clearwater Lake Road PAGE # E. ITEMS FOR DECISION 002 1. Preliminary Assessment Resolution—Pineview Road/ 3 Pineview Drive 017 2. Preliminary Assessment Resolution--Clearwater Lake Road 032 3. Massage Parlor Ordinance 051 4. Uncollectable Personal Property Taxes 053 5. Lease Agreement-100 W. Rosemary Street Building 059 6. Lease Agreements Renewal—JCCCA 061 7. lease Agreement—Community School for Children Under Six 063 8. Clerical-Office Management Standards 064 9. Jointly Funded Zoning Officer Position with Hillsborough 080 10. Right-of-Way Encroachment Agreement—Orange Industries 087 11. Housing Rehabilitation Contract Awards 089 12. NCACC Annual Conference—Voting Delegate 091 13. Resolution for Annual NCACC Conference 094 14. Legislative Issues 106 15. Budget Amendments 108 16. Creation of Individual Capital Projects Funds 112 17. Proposed Fireworks Display June 29, 1985 at Orange County Speedway F. EXECUTIVE SESSION—To Discuss a Property Matter G. ADJOURNMENT - . - . 0 0 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA rim ABSTRACT Itam. Nb. e MEETING DATE June 18, 1985 Subject: APPOINTMENTS • t • --- Department: Board of Commluioners I Public Hearing: ...yes X no. 1 Attachment(s) : Information Contact: Beverly Blythe, Clerk Under separate cover Phone Number: T32-8181, 968-4501., 227-0231 PURPCSE: To maintain membership at effective levels on Commissioners' appointed Boards. NEED: The following vacancies are announced for the first time for information only: H-4 - ORANGE COUNTY SJri0R CITIZENS BOARD - 1 vacancy (expiration of term for Annie Fuller). The following vacancies are announced, together with the indication of the status of securing candidates for possible appointment consideration. All vacancies have been duly advertised. A-4 - COMMISSION FOR WOMEN - 1 vacancy; no resumes have been received. A-5 - ECONOMIC DEVELOPMENT COMMISSION - 1 vacancy; 1 recommendation has been received for consideration by the Board. A-6 - INDUSTRIAL DEVELOPMENT REVENUE BOND AUTHORITY - 3 vacancies; no resumes • are on file. A-7 - JURY COMMISSION - 2 vacancies; 1 request for reappointment has been received. A-8 - OWASA BOARD OF DIRECTORS - 1 vacancy; no response has been received. Ak-13 - RECREATION AND PARKS ADVISORY COUNCIL - 2 vacancies; no resumes have been received. B-1 - BOARD OF BEALTH - 2 vacancies; 1 resume has been received. B-5 - DOMICILIARY HOME ADVISORY COMMITTEM - 1 vacancy; no resumes have been received. B-11. SOLID WASTE TASK FORCE - 1 new resume has been received. B-15 - SCHOOL MERGER STUDY COMMISSION - 18 resumes have been received. C-3 - CHAPEL ILULL BOARD OF ADJUSTMENT - 3 vacancies; 1 request for reappointment has been received. C-7 - ORANGE COUNTY BOARD OF ADJUSTMENT - 2 vacancies; no resumes are on file. REGION J EMS COUNCIL - 1 vacancy; no resumes have been received. IMPACT: To maintain 100$ membership on Commissioners' appointed Boards and Commissions. RECOMMENDATION: As the Board decides. mgammw 002 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 18, 1985 ActiIli Agenda Item a X SUBJECT: PRELIMINARY ASSESSMENT RESOLUTION-PINEVIEW ROAD/PINEVIEW R VE (SR 2042/2043) DEPARTMENT: PLANNING PUBLIC HEARING X Yes No , Attachment(s) Information Contact: SUSAN SMITH a) PRELIMINARY ASSESSMENT RESOLUTION b) FINAL ASSESSMENT RESOLUTION c) CERTIFICATE OF MAILING Telephone Numbers Hillsborough - 732-8181, Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To obtain public comment on the Preliminary Assessment Resolution approved by the Board of Commissioners on June 3, 1985 and to take action on the adoption of the Final Assessment resolution for Pineview Road/Pineview Drive (SR 2042/2043) . To schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. NEED: To fulill the legal requirements for the program. Public input on the assessment basis of an equal amount per foot as described in the Preliminary and Final Assessment Resolutions • is required. The Clerk to the Board has filed a Certificate of Mailing which I will certify that the notices of this public hearing were mailed on or before June 8, 1985 to each property owner subject to assessment. The Certificate of Mailing is an attachment to this item. To provide for continuation of the Participatory Paving Program procedures for this project. 005 PRELIMINARY ASSESSMENT RESOLUTION PINEVIEW ROAD/PINEVIEW DRIVE PAGE TWO JUNE 18, 1985 IMPACT: If the Board finds the Preliminary Assessment Resolution satisfactory then the,Board can, by subsequent action, adopt the Final Assessment Resolution for the project. Upon adoption of the Final Assessment Resolution, the Preliminary Assessment Roll can be prepared and a public hearing set to obtain public comment on the Roll. In addition, the Department of Transportation can be forwarded the local share of the construction cost of the project with an anticipated paving date during the fall of 1985. RECOMMENDATION: Adopt the Final Assessment Resolution for Pineview Road/ Pineview Drive (SR 2042/2043) . Accept the Certificate of Mailing offered by the Clerk to the Board and attached to this agenda item. Schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. 004 A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 3rd day of June, 1985. Present: Absent: ************************************************************************** The &flowing resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 and #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c); and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-385(4) and as provided for in North Carolina General Statute Section 153A-205: -1- 00E IT IS HEREBY RESOLVED THAT 1. Orange County shall undertake financing of the local share of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-five and six tenths percent (35.6%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on -2- . • 00E all matters covered by this preliminary assessment resolution will be held on the 18th day of June, 1985, at 7:30 o'clock p.m., during the regular meeting of the Board of Commissioners of Orange County, in the Courtroom of the old Post Office, Chapel Rill, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by •pubication one time, not less than Ten (10) days prior to June 18, 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 AND #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot -3- 00 • of frontage. 3. Orange County will assess the botal local share according to the- basis set out in number 2 above which local share represents approximately thirty-five and six tenths percent (35.6%) of the total project cx)st. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date • in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 18th day of June, 1985, in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 3rd day of June, 1985. -4- • oar BEVERLY BLYTHE, Clerk to the Board of Commissioners 5or Orange County, North Carolina The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten OS). days prior to June 38, ]985. The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as rollows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of June, 1985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7th day of June, 1985. -5- - _ . • 009 / 74-, BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) This resolution is effeCtive upon its passage. Thereupon Commissioner moved the passage of the foregoing resolution and Commissioner seconded the motion, and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of June, 3985, so far as the same relate to • the preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #2042 and 12043, also known as Pineview Road and Pineview Drive, in • Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the offical seal of said Board, this the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- tx 010 k ' A meeting of the Board of Commissioners for Orange County, North Carolina, was held at , North Carolina, the regular place of meeting at o'clock .m., on , 1985. Present: Absent: *******************************************, ****************************** The following resolution was read to the Board: FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 and #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, LOCATED IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. - WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving North Carolina State Road(s) #2042 and #2043, also known.as Pineview Road and Pineview Drive, located in Chapel Hill Township, Orange County, as permitted by North Carolina General Statute Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205. IT IS HEREBY RESOLVED THAT: 1. Orange County shall undertake financing of the local share of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal rate per foot of frontage. -1_ • 011 3. Orange County will, assess the total local share according to the basis set out in number 2 above which local share represents approximately thirty-five and six tenths percent (35.6%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his assessment in full. • b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that: The total project cost and the amount to be financed and assessed by Orange County is.$ as follows: Local Costs Total To Be Financed Costs By Orange County construction cost $19,000.00 $6,280.00 legal services - 500.00 500.00 publication costs 75.00 75.00 mailing and other 157.05 157.05 Total project cost $19,732.05 $7,012.05 -2- 012 The County Manager is hereby directed to prepare a preliminary assessment roll which roll shall contain a tax description of each lot, parcel or tract of land assessed, the basis for the assessment, the amount assessed against each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be ascertained from the County tax records. After the preliminary assessment roll is completed, it shall be filed in the office of the Clerk to the Board of Commissioners, there to be available for public inspection until a public hearing is held on the said preliminary assessment roll. A public hearing on the preliminary assessment roll shall be held on 1985 at .m., during the regular meeting of the Board of Commissioners of Orange County, , North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by publication one time, not less than Ten (JO) days prior to 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FILED WITH THE CLERK TO THE BOARD OF COMMISSIONERS OF ORANGE COUNTY PURSUANT TO-THE DIRECTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AND PURSUANT TO THE BOARD'S DECISION TO FINANCE THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 AND #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, -3- • 015 IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has completed and filed a Preliminary Assessment Roll. Pursuant thereto: • 1. Orange County shall undertake the financing of the local share of paving North Carolina State Road(s) 412042 and 412043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina. The amount to be financed by Orange County is estimated to be Seven Thousand Twelve Dollars and 5/100 ($7,012.05) , including costs and attorneys fees. That portion of the costs of paving the above roads not financed by Orange County will be borne by the Department of Transportation or the State of North Carolina. 2. The assessment roll completed is on file with the Clerk to the-Board of Commissioners of Orange County, and available to the public for inspection. 3. The Public Hearing will be held at o'clock .m. on • 1985, at the North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary Assessment Roll.. At the time and place above stated, any resident of Orange County or any other interested person may appear and be heard. Dated, this the day of , 1985. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina -4- 014 The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be mailed by first-class mail to each owner of property as listed on the roll, not less than Ten (10) days prior to , -1985, the date set for the hearing. The notice shall be in substantially the following form: NOTICE TO: (owner and property description from assessment roll) SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS' DECISION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE CCST OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 AND #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a Public Hearing will be held by the Orange County Board of Commissioners on , 1985 at o'clock .m., at the North Carolina, to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. • Please note that the amount of assessment on the property • described in this Notice is $ , as shown on the Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina -5- • The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the preliminary assessment roll. was mailed as directed using a' form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of • Orange County, North Carolina, DO HEREBY CERTIFY that on or about /11".26. 1985, I mailed, by first-class mail, postage prepaid, a Notice to each property owner of the Public Hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, located in Chapel Hill Township, Orange County, North Carolina. The Notice mailed set the date and time of the Public Hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the County tax records. WITNESS my hand and official seal of the Board of Commissioners of Orange, County, North Carolina, this the e& day of 1985. //‘z`'e-` Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina • This resolution is effective upon its passage. Thereupon, Commissioner moved the passage of the -6- 016 foregoing resolution and Commissioner seconded the Motion, and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is • a true copy of the proceedings of said Board of Commissioners at a meeting held on , 3985, so far as the same relate to the Final Assessment Resolution, determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) /2042 and #2043, also known as Pineview Road and Pineview Drive, located in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in the Minute Book. WITNESS my hand and the offirial seal of said Board, this the day of 1985. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -7- _ _ 017 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 18. 1985 Action Agenda Item OS SUBJECT: PRELIMINARY ASSESSMENT RESOLUTION-CLEARWATER LAKE ROAD (SRA18) DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: SUSAN SMITH a) PRELIMINARY ASSESSMENT RESOLUTION b) FINAL ASSESSMENT RESOLUTION c) CERTIFICATE OF MAILING Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To obtain public comment on the Preliminary Assessment Resolution approved by the Board of Commissioners on June 3, 1985 and to take action on the adoption of the Final Assessment Resolution for Clearwater Lake Road. To schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. NEED: To fulfill the legal requirements for the program. Public input on the assessment basis of an equal amount per lot as described in the Preliminary and Final Assessment Resolutions is required. The Clerk to the Board has filed a Certificate of Mailing which will certify that the notices of this public hearing were mailed on or before June 8, 1985 to each property owner subject to assessment. The Certificate of Mailing is an attachment to this item. To provide for continuation of the Participatory Paving Program procedures for this project. 018 PRELIMINARY ASSESSMENT RESOLUTION CLEARWATER LAKE ROAD (SR 1918) PAGE TWO JUNE 18, 1985 IMPACT: If the Board finds the Preliminary Assessment Resolution satisfactory then the Board can, by subsequent action, adopt the Final Assessment Resolution for the project. Upon adoption of the Final Assessment Resolution, the Preliminary Assessment Roll can be prepared and a public hearing set to obtain public comment on the Roll. In addition, the Department of Transportation can be forwarded • the local share of the construction cost of the project with an anticipated paving date during the fall of 1985. RECOMMENDATION: • Adopt the Final Assessment Resolution for Clearwater Lake Road. Accept the Certificate of Mailing offered by the Clerk to the Board and attached to this agenda item. Schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. . _ ReVIStsi lig 019 A meeting of the Board of Commissioners of Orange County, North Carolina, was held at Hillsborough, North Carolina, the regular place of meeting at 7:30 o'clock p.m., on the 3rd day of June, 1985. Present: Commissioner Moses Carey, Commissioner Ben Lloyd, Commissioner Shirl Marshall, Donald Willhoit, Chair Absent: Commissioner Norman Walker • ************************************************************************** The following resolution was read to the Board: PRELIMINARY ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #1918, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has received a petition requesting the paving of North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill. Township, Orange County, North Carolina, which petition has been signed by at least seventy-five percent (75%) of the owners of property adjoining the said roads, which property represents at least seventy-five percent (75%) of the lineal feet of frontage of the lands abutting the said roads, pursuant to North Carolina General Statute Section 153A-205(c) ; and WHEREAS the Board of Commissioners of Orange County has elected to finance the local share of the costs of paving the said roads, as permitted by North Carolina General Statutes Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205; IT IS HEREBY RESOLVED THAT: -1- 020 1. Orange County shall undertake financing of the local share of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. 2. That the basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal amount per tax parcel. 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents approximately twenty-three and two tenths percent (23.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that a public hearing on all matters covered by this preliminary assessment resolution will be held on the 18th day of June, 1985, at 7:30 o'clock p.m., during the regular -2-- 021 meeting of the Board of Commissioners of Orange County, in the Courtroom of the old Post Office, Chapel Hill, North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by pubication one time, rot less than Ten (10) days prior to June 18, 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT RESOLUTION ADOPTED BY THE ORANGE COUNTY BOARD OF COMMISSIONERS TO FINANCE THE LOCAL SHARE OF THE CCS'IS OF PAVING NORTH CAROLINA STATE ROAD #19l8, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOW/s1SHIP, ORANGE COUNTY, NORTH CAROLINA. Notice is hereby given that, pursuant to Article 9 of Chapter ]53A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has adopted a Preliminary Assessment Resolution as follows: L Orange County shall undertake financing of the local share of paving North Carolina State Road #3918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. 2. The basis for assessment for the local share of the costs of this project shall be frontage abutting the road at an equal amount per tax parceL 3. Orange County will assess the total local share according to the basis set out in number 2 above which local share represents -3- 022- approximately twenty-three and two tenths percent (23.2%) of the total project oDst. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment roll is published, each owner of the property may pay his or her assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. A public hearing will be held at 7:30 o'clock p.m., on the 18th day of June, 1985, in the Courtroom of the old Post Office, Chapel Hill, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters covered by the preliminary assessment resolution. At the time and place above stated any resident of Orange County or any other interested person may appear and be heard. This the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners for Orange County, North Carolina -4- The Clerk to the Board of Commissioners is hereby authorized and directed to cause a copy of this Preliminary Assessment Resolution to be mailed by first-class mail, to each owner, as shown on the county tax records of property subject to assessment if the project is undertaken, not less than Ten (10) days prior to June 18, 1985. The Clerk to the Board of Commissioners is hereby directed to filet with the Board of Commissioners a certificate that the Preliminary Assessment Resolution was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or before the 7th day of June, 1985, I mailed, by first-class mail, postage prepaid, a copy of the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, to each owner, as shown on the County tax records of property subject to assessment if the project is undertaken. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7th day of June, 1985. / BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina - ,ftlFEl'AL) -5- 024 This resolution is effective upon its passage. Thereupon Commissioner Lloyd moved the passage of the foregoing resolution and Commissioner Carey seconded the motion, and the resolution was passed by the following vote: Ayes: Unanimous Noes: ************************************************************************** I, Beverly Blythe, Clerk to the Board of Commissioners for Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on the 3rd day of June, 1985, so far as the same relate to the Preliminary Assessment Resolution for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in Minute Book 19 . WITNESS my hand and the offical seal of said Board, this the 3rd day of June, 1985. BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -6- • 02 A meeting of the Board of Commissioners for Orange County, North Carolina, was held at , North Carolina, the regular place of meeting at o'clock .m., on 1985. Present: Absent: ************************************************************************** The following resolution was read to the Board: • FINAL ASSESSMENT RESOLUTION FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH • CAROLINA STATE ROAD #1918, ALSO KNOWN AS CLEARWATER LAKE ROAD, LOCATED IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. WHEREAS the Board of County Commissioners of Orange County has elected to finance the local share of the cost of paving North Carolina State Road #1918, also known as Clearwater Lake Road, located in Chapel Hill Township, Orange County, as permitted by North Carolina General Statute Section 153A-185(4) and as provided for in North Carolina General Statute Section 153A-205. IT IS HEREBY RESOLVED THAT: • 1. Orange County shall undertake financing of the local share of paving North Carolina State Road #1932, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina., 2. That the basis for assessment for the local share of the costs of this project shall be an equal amount per tax parcel. 3. Orange County will assess the total local share according to -1- 02E the basis set out in number 2 above which local share represents . approximately twenty-three and two tenths percent (23.2%) of the total project cost. 4. No assessments of this project will be held in abeyance. 5. The assessments shall be paid in the following manner: a. Within thirty (30) days after the notice of confirmation of the assessment role is published, each owner of the property • may pay his assessment in full. b. Any assessment not paid in full as provided above shall be paid in five equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment role is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. IT IS FURTHER RESOLVED AND ORDERED that: The total project cost and the amount to be financed and assessed by Orange County is $9,520.17, as follows: Local Costs Total To Be Financed Costs pi Orange County construction cost $40,500.00 $8,830.00 legal services 500.00 500.00 publication costs 75.00 75.00 mailing and other 115.17 115.17 Total project cost $41,190.17 $9,520.17 • The County Manager is hereby directed to prepare a preliminary assessment roll which roll shall contain a tax description of each lot, • -2- parcel or tract of land assessed, the basis for the assessment, the amount assessed against each lot, parcel or tract of land assessed, the terms of payment and the name of the owner of each lot, parcel, or tract as far as can be from the County tax records. After the preliminary assessment roll is completed, it shall be. filed in the office of the Clerk to the Board of Commissioners, there to be . available for public inspection until a public hearing is held on the said preliminary assessment roll. A public hearing on the preliminary assessment roll shall be held on 1985 at o'clock _.m., during the regular meeting of the Board of Commissioners of Orange County, , North Carolina. The Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the public hearing to be given by • publication one time, not less than Ten (3D) days prior to , 1985, the date set for the hearing, in a newspaper having a general circulation in Orange County. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON PRELIMINARY ASSESSMENT ROLL FILED WITH THE CLERK TO THE BOARD OP COMMISSIONERS OF ORANGE COUNTY PUPSUANT TO THE DIRECTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AND PURSUANT TO THE BOARD'S DECISION TO FINANCE THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD f3938, AISO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that, pursuant to Article 9 of Chapter -3- . . O26 153A of the General Statutes of North Carolina, the Board of Commissioners of Orange County has completed and filed a Preliminary Assessment Roll. Pursuant thereto: 1. Orange County shall undertake the financing of the local share of paving North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. The amount to be financed by Orange County is estimated to be Nine Thousand Five Hundred Twenty Dollars and 17/100 ($9,520.17) , including costs and attorneys fees. That portion of the costs of paving the above roads not financed by Orange County will be borne by the Department of Transportation or the State of North Carolina. 2. The assessment roll completed is on file with the Clerk to the Board of Commissioners of Orange County, and available to the public for inspection. 3. The Public Hearing will be held at o'clock .m. on , 1985, North Carolina, the regular place of meeting of the Board of Commissioners of Orange County, North Carolina, in order to discuss all matters pertaining to the Preliminary Assessment Roll. At the time and place above stated, any resident of Orange County or any other interested person may appear and be heard. Dated, this the day of 1985. Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina -4- The Clerk Clerk to the Board of Commissioners is hereby authorized and directed to cause a notice of the hearing to be mailed by first-class mail to each owner of property as listed on the roll, not less than Ten (10) days prior to , 1985, the date set for the hearing. The notice shall be in substantially the following form: NOTICE TO: (owner and property description from assessment roll) • SUBJECT: PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE • • ORANGE COUNTY BOARD OF COMMISSIONERS' DECISION TO FINANCE AND ASSESS THE LOCAL SHARE OF THE CAST OF PAVING NORTH CAROLINA STATE ROAD #1918, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA. PLEASE TAKE NOTICE that a Public Hearing will be held by the Orange County Board of Commissioners on 3985 at o'clock m., at , North Carolina, to discuss all matters pertaining to the subject Preliminary Assessment Roll. The Preliminary Assessment Roll has been filed with the Clerk to the Board of Commissioners of Orange County at the Orange County Courthouse, Hillsborough, North Carolina, and is available for public inspection. Please note that the amount of assessment on the property described in this Notice is $ , as shown on the Assessment Roll on file in the Office of the Clerk to the Board of Commissioners of Orange County, North Carolina. • Beverly Blythe, Clerk to the Board of • Commissioners of Orange County, North Carolina -5-- , .. 03C The Clerk to the Board of Commissioners is hereby directed to file with the Board of Commissioners a certificate that the notice of the public hearing on the preliminary assessment roll was mailed as directed using a form substantially as follows: CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about ________ 3985, I mailed, by first-class mail, postage prepaid, a Notice to each property owner of the Public Hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1918, also known as Clearwater Lake Road, located in Chapel Hill. Township, Orange County, North Carolina. The Notice mailed set the date and time of the Public Hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the County tax records. WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina, this the 7,- 'day of • 3985. Rev/Sed- friCtilini 7-16467 Beverly Blythe, Clerk to the Board of .0d.11 ,dz. Commissioners of Orange County, North Carolina This resolution is effective upon its passage. Thereupon, Commissioner moved the passage of the foregoing resolution and Commissioner seconded the Motion, -6- 1 • and the resolution was passed by the following vote: Ayes: Noes: ************************************************************************** 1, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the proceedings of said Board of Commissioners at a meeting held on 1985, so far as the same relate to the Final Assessment Resolution, determination of the project costs and preparation of the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1918f also known as Clearwater Lake Road, located in Chapel Hill Township, Orange County, North Carolina, as such proceedings are recorded in the • Minute Book. • WITNESS my hand and the official seal of said Board, this the day of , ]985, Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) -7- 0 8 C ORANGE COUNTY ?,:44 BOARD OF COMISSIONERS Action Agenda ACTION AGENDA Mat ABSTRACT Item No. 14 Meeting Date: JUNE 18, 1985 SUBJECT: RIGHT-OF-MY E/CRCACHMENT AGREEMENT—MANGE INDUSTRIES DEPARTMENT: cam= MAGER PUBLIC HEARING: Yes X No ATrACHMENT(S): INFOIVATICS CONrACT: MAMGER'S OFFICE X501 MEM= EMBER: YES Hillsborough -732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 ,gr PURPOSE: TO consider approving an agreement between the Department of Transportation, Town of Hillsborough and Orange County to encroach on the DOT right of way to install a 4 inch sewer line to serve the Orange Industries Building which is owned by the County. NEED: In order to secure the privilege to encroach upon the right-of- way certain conditions nust be net as set forth in attached agreement dated April 5, 1985. (Form RAW 16.6 Rev. July 1, 1977). The County's contractor, Sparrow and SOns, Inc., prepared to install the sewer line in conformance with the terms of the agreement, DOT's policies and procedures for accommo- dating utilities and per the attached drawing regarding the street cut. A required performance and indemnity bond has been executed together with certification of power of attorney to execute the bond as surety. MKPACT: RBCOMENDATION: Approve the agreement and authorize the Chairman to sign on behalf of the County. • • - }r' t y• 08 : :' '--:-'.:-,7,'.;.-...--.,:;Z:."-:,`."7.„'"1:-;4..•...J. I. . - • • • 1111V4;1,:,;"..f, :!.t.'r.-:::,:..Z .;i. • ...-- niIIIICCidgrAin irte a .. _.......__. _ _ li‘. • • , r - • - • .4 ,-t."-;.. _ '‘lor- -----.14.111111.-04111mmummi. ii_ a_. . .101.°1"---401111.777-=F-_-:.::::::::i0...,m,:.1.4- ?Ark, _ .____ _____ I g. 4•- log. 41e . - • .- • . .. . . -... .... ...: ,.;•..,---. --x.... , -."pr-. .4p-,,,..„ _ - ':' tee; PERFORMANCE AND INDEMNITY BOND U8-4 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION - HIGHWAY ENCROACHMENT INSTALLATION ........ Sparrow & Sons, Inc., 305 Weaver Street, Carrboro, N.C. 27510 I1II .....---.....--, TRINUNT171Contractor for second party to encroachment agree. United States Fidelity and Guaranty Company, Baltimore, Maryland SURETY DESCRIPTION OF ENCROACHMENT AGREEMENT: Route or Highway No. State Road 1200 $500.00 County Orange AMOUNT OF BOND Date of Encroachment Agreement •Specific Location of Encroachment: Off New :., afttektM14 just before 70 & March 27,1985 Type of Encroachment Sewer DATE OF BOND Water, sewer, gas, etc. Second party to Encroachment Agreement Orange County, N.C. ........... KNOW ALL MEN BY THESE PRESENTS, That we the PRINCIPAL and SURETY above named, are held and firmly bound unto the Department of Transportation, an agency of the State of North Carolina hereinafter call the Department, in the amount stated above for the payment for which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above indicated second party to an Encroachment Agreement named above entered into an Encroachment Agreement with the Depart ment, and the principal (contractor) entered into a contract with the said second party to an Encroachment Agreement named above to perform certain work, including the installation or relocation of certain encroachments described in a certain Encroachment Agreement with the Department hereinabove described and incorporated-herein by reference; NOW, THEREFORE, if the principal shall: well and truly install the said encroaching facilities on and along the highway in accordance with the "Policies and Procedures for Accommodating Utilities on Highway Rights of Way" and any supplements thereto and in accordance with the r other provisions of the said Encroachment Agreement, and shall indemnify the Department for t the failure to install the encroachments in accordance with the foregoing manual and pro- visions of the said Encroachment Agreement, then, this'obligation to be void; otherwise to re main in full force and effect. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their sever. i, seals on the date indicated above, the name and corporate seal of each corporate party being "4- hereto affixed and these presents duly signed by its undersigned representative, pursuant to 1 authority of its governin. bod . • ea or Principal Sparrow & Sons, Inc. PRINCIPAL (Type Name of Principal) ATTEST: • . . ....C.1-e-Plt-or Sect ary BY: ,...z..4.,-, !Preside • (Delete Inappropriate Title) United States Fidelity and Guar., . : ompany • COUNTERSIGNED (Name of SURETY) (Seal of Surety) • BY: -------- ...**71 / --3,------ Licensed Res- sent Agent Attorhey-in-Pact NOTE: Attach Power of Attorney and Certificate of Authority of Attorney-in-Fact. FORM R/W 16A (This form to be used only by Contractor for second party to encroachment 1975 agreement.) Revised July 1977 . _ _ • 4 ✓y,¢ CERTIFIED COPY {' GENERAL POWER OF ATTORNEY No 96,40 yy . Know all Men by these Presents: . That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland,and having its principal office at the City of Baltimore, in the State.of Maryland. does hereby constitute and appnint Collier Cobb , 3d, Walter J . Snider, R. E. •L. Barnes , George J. Sheppard, Jr. and Jack C. Smith, Jr . . of the City of Chapel Hill Statrof North Carolina its true and lawful attorney S in and for the State of North Carolina ' t 1 n ` - for the following purposes.to wit: ,•'t'�/�t; --To sign its name as surety to,and to execute,seal and acknowledge any and all bonds,and to respectively:i1e I td (rerikm any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY ANI,F(IARANTY COMPANY,a certified copy of which is hereto annexed and made a part•ed this Power of Attorney: and the .9ed,U"HTEi) STATES FIDELITY AND GUARANTY COMPANY,through us.its Board of Director•,hereby ratifies and confirms all and whatsocvery'tlfeZX anyone of the said Collier Cobb ,3d and the said Walter J. Snider and the said R. E. L. Barnes and the said George J. Sheppard , Jr. and the said Jack C. Smith, Jr. • - .. i.,,:, may lawfully do in the premises by virtue of these presents, - : In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has catised thiG instrument to be.• - sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary,this 2nd day of a;•, November ,A.D.19 84 ; UNITED STATES FIDELITY AND GUARANTY COMPANY. ' •• • • • { (Signed) y A. Nord Biorke :Vice-President. (SEAL) .. (Signed) Jack S, M,alling.er Assistant Secretary. STATE OF MARYLAND. ) ss. s BALTIMORE CITY, • On this 2nd. - ' day of November .A.D. 1994 ,before me personally came A. Nord Bjorke ,Vice-President of the UNITED STATES FIDELITY AND GUARANTY --COMPANY and Jack S. Mallinger . ,Assistant Secretary of said Company,with both of whom I am personally acquainted,who being by me severally duly sworn,said that they,the said A. Nord Bej orke • and Jack S. Mallinger were,respectively the Vice-President and the Assistant Secretary of the-said UNITED . STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal. that it was sn fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Assistant Secretary.respectively,of the Company. • ' My rommitt.sion expires the first day in July.A. D. 19 86 - Margaret M. Hurst (SEA i,) ' • (Signed) . . Notary Pahlir: • STATE OF MARYI.ANI) ) • ' Set. •. BALTIMORE CITY, 1, Saundra E. Banks ,Clerk of the Circuit Court for Baltimore City,wltieh Court is a Court of Record,and has a seal,do hereby eertify that Margaret M . Hurst ,Esquire,before whom the annexed affidavits were made,and who has thereto snhsrriiied his name, was at the time of Me doing a Notary Podolia- of the • State of Maryland, in and for the City of Baltimore, duly commissioned and swoon and outlawed by law to administer oaths and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary.and verily believe die signature to lm his genuine signature. In Testimony Whereof, 1 hereto set my hand and affix the seal of the Circuit Court for Baltimore City,the same being a Court of Record,this 2nd day of November .A.D.19814 . (SEAL) (Signed) Saundra. E. Banks • Clerk of the Circuit Court for Baltimore City. • FS 3(1.83) ,r..r, M • vt . 084 ' COPY OF RESOLUTION • 4 4. z That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than M•faryland,and in the Territories of the United States and in the Provinces V, and territories of Canada; Therefore, be It Resolved. that film Company do.and it hereby does, authorize and empower its President or either of its Vice- ('residents in t•nnjunetion with its Secretary or one of its Assistant Secretaries,under its corporate seal,to appoint any person or persons ns nrtorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its art.to execute and deliver any and all contracts ;• guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than a insurance polities and executing or guaranteeing bonds and undertakings, required er permitted in all actions or proceedings,or by law i; allowed.and Also,in its name and as its attorney or attorn agent g guarantee the condition of any and all ,y ey eyerin-fact,or a ent or agents to execute and ; +, bonds,recognizances,obligations, stipulations, undertakings or anything in the nature of either of the same., which are or may by law, ,.., municipal or otherwise,or by any Statute of the United States o •of any State or Territory of the United States or of the Provinces or territories of Canada,or by the rules,regulations,orders,customs, practice or discretion of any hoard, bodq,organization,office or officer, A ii. .local. municipal or otherwise, be allowed, required or permitted to be executed,made,taken,given,tendered,accepted,filed or recorded for the security or protection of, by or for an Y P y any person or persons, corporation, body, office, interest. municipality,or other association or organization whatsoever. in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which 4 may be provided for in any such bond,recognizance,obligation,stipulation,or undertaking,or anything in the nature of either of the same. ;. I, George W. Lennon, Jr. ,an Assistant Secretary of the UNITED STATES FIDELITY"AND i;,? GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given ,; by said Company to Collier Cobb , 3d, Walter J. Snider , R . E. L. Barnes , George J. Sheppard, Jr . and Jack C. Smith, Jr. • Chapel Hill' North Carolina of ,authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. t And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at.13'.regular meeting of the Board of Directors of raid Company. duly called and held at the office of the Company in the City of Baltimore.•'oti the 25th day of •November.1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and carnet copy of said t-r resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY.AND GUARANTY COMPANY on '•�' A4.4-474- H 1..4.".34"."-g4"-s".544 . .Assistant Secretary.• i /,: ',. li. 1 11 . - • f • • 08Z-. STATE OF NORTH CAROLINA ROUTE PROJECT Amor Industries COUNTY OF Orange • DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON County of Orange PRIMARY AND SECONDARY SYSTEM r•; -AND- Some of Hillsboro • THIS AGREEMENT, made and entered into this the ,stay of _ April , 19.85 • by and between the Department of Transportation, party of the first part; and County of Orange - - •party of the second part; and Toss of na3tsshore party of the third part, WITNESSETH: n - • THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route , located on Stott Bond iT with the construction and or erection of spoor line - 4" cant iron • P • WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part, in the exercise of authority ton- g ferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement; • rf NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the;.party of the second part the right and privilege to make this encroachment as • shown on attached plan sheet (s), specifications, and special provisions which are Gr made;a part hereof upon the following conditions, to wit: 'That the installation, operation, and maintenance of the above dencribed facility will be accomplished in a, cordance with the party of the first part's latest POLICIRA AND PROCEDURES FOR ACCIE)DAATING UTILITIF,S ON HIGHNAAY { RIGHiS.DF-WAY, and such reclaim=and a i,dmate thereto ae may be in street at the data or this agreement, in. formation an to these polictee and procedure*may be obtained from the Division Engineer or State Utility Agent of the party of the filet part. nee '• That the maid party of the second part binds and obligate,'himself to Install and maintain the encroaching facility in such cafe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper maintenance thereof, to reimburse the party of the first part for the coot incurred for any repaite or maintenance to its roadways and etractures necessary due to the installation and ex- ietenco of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facilities, that the paid party of the aeeohd part binds himself, hie eucceeeore and assigns, to promptly remove or alter the aald feeilltirs, in order to cohform to the void requirement, without any coat to the party of the first part. • That the party-of the second part agrees to provide during construction and any eubsaquent MOlntenance proper signs signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manua.on Uniform Traffic Control Device, for 5treete and Hi•hwaye and Amendments or Supplements thereto. Infer. -cation ac-to the above ruTna ea-regulations may be obtained from the Division Engineer of the party of the firot Part. . • That the party of the second part hereby agrees to indemnify and nave hermleee the party of the first part from all damage,'and claim for damage that may aria,by reason of the installation and maintenance of thie on- croachment_ That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the eatiefeotioa of the Divieion Engineer of the party of the First part. The party of the ascend to ererciee every reasonable precaution during cooetruetioh and maintenance to prevent eroding of nail;aeiltiinig or pollution of rivers, streams, lake,. reservoira, other water impoundments, ground eurfneee or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management. North Carolina Sedimentation Control Commission, and with ordinances and regulation,of various counties, municipalities and other official agencise relating to pollution prevention•and thetppaarty ofeth eccond p�art tiagreesmto remove and replace theunod•oreotthheerrwise reeotebliethe the gra ground t cover, the eatiefaction of the Division Engineer of the party of the First part. grape serer to prat That the party of the second part agree'to oceans the actual coat of any inepectioh of the work eo aideied to be neceeeery by the Division Engineer of the party of the fleet part. �.• . That the party of the second part ogreee to have available at the conatructton site, at.all times during con.. 'traction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unlea,evidence of approval can be shown. ••r'r Provided the work contained in this agreement in being performed on a completed highway open to traffic; the partyaof thek cond part haagrreee hto give written notice to the Division Engineer of the party of the first part water,notice of completion of work on highwayep. Unless deracoOOtlly roquwilldot the party of the first part, y project,under construction will not be rsgnired, FORM R/W 16.6 Rev. July I. 1977 • That in the case of noncompliance with the term of this agreement the , ,• w" the by party of the wooed past. the - - of ederoman part htoof*ea the right to'stop all work until ire EpartiLr has been Maoght into compliance �s owed from the right of nor at no coat to the patty of the first part. ozN laaCe or party. 0, That it is agreed by both parties that this agreement shall become void if actual conotructlon of the work 08 t •? cootet latad heroin Ss.not begun within one (1)year from nos date of authoti:ation by the pert'of the first pert uu1eee written waiver S.secured by the port'of the eaeoad pert fzoa the port'of the first part. During the performance of this contract the ee:p1W party, for iteelf, Lie eeaioaeee and en0e0seore in intareat (hereinafter referred to as the -contractor"), agree.am follows: r Regulation..clothe to nondiscrimin- ation.4s.. e. Comslieitnhctederallyegdeaeiated The contractor wall compel with the R R ion., Part 21,.as they of the U.S. Department of Trap. nation, Title 49, Coda of Federal .gala hey ray be dmeadef from time to time, (hereinafter referred to as the Regale-. 7 tiers), which are herein incorporated by reference and made a pert of thin contract. '.�-# b. Noodiecriminetioni The contractor, with regard to the work performed by it during the contract shall not sex, discrsminate on the grounds of race, color, or statienel origin in the selection and retention oi'atibcen- ' •, tractor, including procuretoots of materials and lessee of partiei- hibitedab, The'contractor 21.5 of shell not Pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, , •; including employment practice.when the contract cavern a program net forth in Rrpendix B of the Regulations, e. Solicitations for Subcontracts.. lnaiudino.Proeuroaente of Materials • Eat9paent• In all uolteftatione either by competitive bidding or negotiation ends by the contractor or work arEa performed under a ash. contract, including pzoturemeata of materiels or leases of equipment, each potential eubcontracter or supplier shall be notified by the contractor of the contractor's obligations under tide contract end the Regulations relative to=discrimination on the grounds of races color, or national origin. d. Information and Reports: the nhotractor shall prorlde all information and resorts required the R rased pursaeat thereto,and shall red access by nfornatiOs,or directives t ass to Its Harris,records,Highways,other ration of enpertinent one Its abs cc gll as nay sube ch determined by the directives.Department of Transportation or tn0 Federal•contractor is In the exclusive possession of another who falls or refuses to furnish this information, the contractor shall so certify to the Department of Transportation,or the Federal highway Administration as eppngrlete,and shall set forth taut efforts it has made to Obtain the Information. e. Sanctions for Noncompliance: In the event of the contrecter's concoapilence with the nondiscrimination provisions of this contract the Department of Transprrtetien shall ;noose such emnerect sanctions as it or the Federal nighWy adelnistratloh coy determine,to b.appropriate, including,but not limited to, (I) withholding of payments to the contractor under the contrast until the contractor co.pllta.ond/er • • ;; (2l cancellation.teralnstion or suspension of the contract,in whole or in pert. ■�� oy f. I tion of Provisions: The contractor shell include the provision*of paragraphs"a" subcontract, 'Mw Is every auberHgt, ql esr tuning procuremtnt materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuaoc Chorato. The contractor shall take such action with respect to any subcontract or prOaireeent as the Deaartment of Trans Or the Federal Hl nay direct as a segos of enforcing such provisions including sanctions for porcei Preetded, Highboy, Innthetevenm roecontracteri `�. Horror,curt, In the event•eontraetor Hermes involved In,or is threatened rice,litigation with a subcontractor or Yap• supplier en•Melt of such direction,the cenrector may request the Department of Tranyportation to enter Into sugh•Iltigation to }r° protect the Intereste of the State,mnd, In addition,the contractor coy request the United States to enter Iota such Ilt' tion to protect the Interests of the United States. '� That when title to the subject that constitutes the aforesaid encroachment - passes from the party of the second part and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to perform all obligations as agreed to herein by the party of the second part. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and year first above written. DEPARTMENT OF TRANSPORTATION th , BY: t , WITNESS: • DIVISION ENGINEER 1w �`"�� County of Orange • Second Party WITNESS: 43-f Ca1474.--. )47-6u.44"..----' Tenn 4f 11i1Tehorn • Third Party i Q�^• • ou,.. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 JAMES G.MARTIN July 3, 1985 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON SECRETARY Orange County Subject: Encroachment Agreement - County of Orange Installation of 4" Cast Iron Sewer Line along SR 1200 Mr. Don Willhoit, Chairman Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, NC 27278 Dear Mr. Willhoit: Attached for your files is a copy of the Right of Way Encroach- ment Agreement for the above subject encroachment which has-been properly executed. Approval is given subject to the posting of a Performance and Indemnity Bond in the amount of $500.00 with the Department of Trans- } portation. When the work has been completed please notify Mr. S. H. Jones, District Engineer, Department of Transportation, by letter at. P. 0- Box 766, Graham, North Carolina 27253-0766 in order that a final inspection . can be made. Sincerely, ��. W. Watkins ./ DIVISION ENGINEER JWW/JES/gm Atta. cc: Messrs. C. J. Baldwin, S. H. Jones, and Town of Hillsborough I �. fi An Equal Opportunity/Affirmative Action Employer • •,;; STATE OF NORTH CAROLINA • ROUTE SLi200 PROJECT glow Zndeetzie8 COUNTY OF GUM n DEPARTMENT OF TRANSPORTATION • THREE PARTY RIGHT OF WAY -AND- ENCROACHMENT AGREEMENT ON (,ply PRIMARY AND SECONDARY SYSTEM 106 East Margaret Lane Ri1lphnrnrig , RC 97778 .! -AND- - Town of Hillsboyl. . 101 East Orange. Street '° Hillsborough, NG 27278 • . _ _ - • - THIS AGREEMENT, made and entered into this the imapy of April , 19.0 by and between the Department of Transportation, party of the first part;.and . of party of the ,71. , Celerity second part; and Tam of 11411.bears- • party of the third part, • W I T N E S S E T H: /± THAT'WHEREAS, the party of the second part desires ,to encroach on the right of ' way of the public road designated as Route qR um , located ap state mad 1200$ Hallleay Ph41, Road' off rim eb Highway • with the construction and/or erection of sower liar e. 4'-oast iron • WHEREAS, it is to the material advantage of the party of the second part to effect -. -this encroachment, and the party•of the first part, in the exercise of authority con- -• ferred upon it by statute, is willing to permit the encroachment within the limits of the right of'way as indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT •IS AGREED that the party of the first part hereby grants to the::party of the second part the right and privilege to make this encroachment as shown on attached plan sheet (s), specifications, and special provisions which are made;a, part hereof upon the following.conditions, to wit: •" That the installation, operation, and maintenance of the above described facility will be accomplished in ac- cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY and such revisions and amendments thereto as may be in effect at the date of this agreement. in- formation as to these policies and procedures may be•obtained from the Division Engineer or State Utility Agent of the party of the first pert. • That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway., nor • Obstruct nor interfere with the proper maintenance.thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and ex- iatence of the facilities of the party of the second part, and if at any time the party of the first part shall.- - requirethe removal of or changes in the location of the said facilities that the said party of the secosd•part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to cgn€orm - to the said requirement, without any cost to the party of the first part.. ' --_• ' That the party-of the second part agrees to provide during construction and any subsequent maintenance proper signs signal lights, flagmen and other warning devices for the protection of traffic in conformance•.with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Infor- . ..mhtion ac to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. • That the party of the second part hereby,agrees to indemnify and save harmless the party of the first part from alI•damagos and claims for damage that may arise by reason of the installation and maintenance of this en- _ _•—csoaehmont. --.. -- _ __�. '' - _,__., _ _-- That the party of the second part agrees to restore all areas disturbed during installation and maintenance. to the satisfaction of the Division Engineer cf the party of the first part. The party of the second part agrees to exercise every regeonable precaution during construction and maintenance to prevent eroding of-soil; silting or pollution of rivers, streams, lakes. reservoirs, other water impoundments, ground surfaces or other•property;'or . pollution of the air. There shall be compliance with applicable rules and regulations of the North Carplipa Division of Environmental Management, North Carolina Sedimentation Control Commission and With ordinances end- regulations of various counties, municipalities and other official agencies relating to pollution prevention•and control. When any installation or maintenance operation disturbs•,the ground surface and the existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablia1c the grass cover to,g et the satisfaction of the Division Engineer of the party of the•first part. . That the party of the second part agrees to assume the actual cost of any inspection;of the work consider@d to be necessary by the Division Engineer of the party of the first part. ...i That the party of the second part agrees to have available at the construction site, stall times during con- . struction, a copy of this agreement showing evidence of approval by the party of the first parts_Tfia-party•of the first part reserves the right to atop all work unless evidence of approval can be shown. . • Provided the work contained-in thin agreement is being performed on a completed highway open to traffic; the party of the second part agrees to give written notice to the Division Engineer of the party of the first part _ when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will not be required. • FORM R/W 16.6 • Rev. July). 1977 the part) reserves the right to stop all work until the facility has been brought into compliance or re- n:: That in the gees of noncoaWlianee with the te�ef of this flzstxpaztrit by the party of the second part, moved,the first the part moved from the right of way at no coat to t party agreement t shall become void if actual construction of the coo past the party Tpla•et herein eineis bobbeg nawithi that (1tie ea afren io y thest rapt. i' • contemplated newain re not cured within one (10 Tthe seco the rtte om thehpartytof e • �. unless written waiver is secured by the party of the second p°rtforelteclparty t° assignees and encoe°eosa in interest k During the performance of this contract the ees ns party, _ • f (hereinafter a. o referred to R the 'ons: T er o vac Department of Transportation,relative lati e9, Code ie of Federal a. aoaon us a wirh R°aulatioe°: The contractor ofathe U.S.1Depa ty ntth t(ra�pation, Title to as the ofeFeel n R gun to s, arty 21, as- -programs be amended from time to time. Rionsations, Part 21,herein they poi the contract, shall not '^ 'Lions), which are herein incorporated by refareace and made a past of this contract. or national origin in the selection and retention of shall n b. Nondiscrimination: The contractor, with regard to the work performed selection on l retention shall not pa act na a In g procure of race, color,tateteither is including procurements of materials and leases of equipment. forth in 21.5 of the of the Regulations. . pace a directly or indirectly the prohibited set Section 21.5 df the f Regulations, i e con vac or or woo o .: performed nndar_a oub- c. Solicitations for Subcontracts• .e`g°or negodia' Procurements on of on raitl and each potential•subcotitractoiaor solicitations . e rr . compe contract,shall be notified by the contractor of the contractor's obligationa.uader this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin' or directives other sources of.information,ion,and its facilities Q, Information and to its: The hall contractor shall provide tit all information and reports ottertrource tof.i for ation,LO ascertain litiesanee ssvay berdeterMl preby and.shall ent of access re trs.bor t records,Highways A. information required of a contractor is in the exclusive possession of another t: x'� as may be determined by the Department of tronspoi'tation or"tfia Ke�ernl Highway with such or rlfusess or furnish this Where m any , the contractor shall so certify to the Department of Transportation,or the Federal .. who fails or refuses to furnish this information. is Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the Information. • e. the.Dl�N0^cTm n ports in she ev impose se the contractor's noncompliance with tFe eral Highway y°Adon p • provisions of this contract °�� Che.,Departmeny o Transportation shalt impose Such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, • Cl) withholding of payments to the contractor under the contract until the contractor compiles,and/or (2) cancellation, termination or suspension of the contract, In whole or in part. "f" in every subcontract, A paragraphs"a" through nt,unless exempt by the Regulations,or directives issued pursuant �. f. theretll. procurements o materials taleosuc leases owithu lespecth to any i subcontract or procurement as the Department of Transportation thereto.Federal The contractor iwA ainil take such action with respect Y �; or the Federal N19h�Y Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: request the Department of Transportation lea go enter o with into subc�ntractoroo to- Provided, however, that, in the event a contractor becomes involved In,or Is threatened wits, litigation with a subcontractor or supplier as a result of such direction,nd the conractor the .t,;. and, In addition, the contractor may De request the United States to enter into such litigation protect the Interests of the State, to protect the interests of the United States. • '� That when title to the subject that constitutes the aforesaof therthird part, party of.the second part and vests in the party the party.from the p - . the party of the third part agrees to assume all responsibilities oplt*leeondhpaitnd ' 'i b'perform all"bbligatiofis'do agreed to fihreiri�'g IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day.and year first above written. • DEPARTMENT OF TRANSPORTATION 4000,7IVISION ENGINEER • WITNESS: - r. -Pepe• y . lithe )C211""'Doa> Willhoit, `Chairman Second Party WITNESS::-_�_ .-- •..------- ' - -- • . • - ?.: 4 , 't Ag-f< J h n. . 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":`71,'''" ...,.' . •------— • . . - • •. ..- ,.• .„.,..-.1"1?, x'4 - . • ...-. -,.. • . . • L;OARD OF Cr-'.-ISSI',...',ERS ACTICY, AGEOA ACTION AGENDA l'iLM AESTRACT ITEM NO.E11,_ MEETING .DATE June _19.85_____. 081 SUBJECT: Housing Rehabilitation Contract Awards 4---------- IDEPART1ENT:Housing/Community Development 1 PUBLIC HEARING: YES x NO -7] ----- INFOR ------ ATTACHMENT(S) : MATION CONTACT: Karen Dias PHONE NUMBERS: HILLSBOROUGR—:-Tdf:g61--- HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 Results of Bid Opening MFBANE - 227-2031 DURHAM - 688-7331 ------- PURPOSE: To consider awarding one housing rehabilitation contract for the Councilville Community Development Area. - . . . . NEED: Low bidder from sealed bid received and opened on June 10, 1985 is as follows: Dwelling Contractor Bid Amount , 11 Morrow Construction CO. $19,560.00 • E 1, • • • ' • • 'IMPACT: Award of contracts to the lowest bidders would be consistent with present housing rehabilitation bid procedures. The Rousing/Community Development Department has . awarded fourteen housing rehabilitation contracts with five units remaining to be • • awarded in the Councilville Community Development Area. - - . . , - - • RECOMMENDATION(S): Approve award of contract to the low bidder. ,... - *t. 08e RESULTS OF BID OPENING if OWNER: Bert Colson APPLICATION NUMBER: 13 ADDRESS: D.U. #13 Councilville COST ESTIMATE: la8,804.w ..., PERCENTAGE OF BID OVER 3.9% UNDER COST ESTIMATE .,' v l '.. CHECK ONE: JOB BID X JOB NEGOTIATbU COMPANY BID AMOUNT - , ' 1. Gates Construction Company $23,140.00 -r‘ 2. Morrow Construction Company 19,560.00 3. Samuel English Contractor 231889.00 4. 5. Bids opened by: Robert Wilson Time of Bid Opening: 3:00 P.M. Date of Bid Opening: June 10, 1985 Witnessed by: Dorothy Benallal 5 *************************************************************************** -1„ Lowest Acceptable Bid: $19,560.00 Negotiated Amount: N/A t, Contractor: Morrow Construction Company NAME Route 2, Box 394, Mebane, N.C. 27302 ADDRESS 563-3023 TELEPHONE NUMBER COMMENTS: Housing and Community Development contribution toward this unit will be $15,000. Submitted by: (- 11101,21.- a...---S... DATE h, Pr8S i Bid Approved by: Proceed Order: Issued COMMENTS: ORANGE COUNTY' 0 at BOARD OF oommrssiomis Action Agenda ACTION AGENDA ITEM ABSTRACT Item No.g/ MEETING DAM June 18, 1985 Subject: VOTING- DELEGATE-ANNUAL NACO CONFERENCE I Public Hearing: yeS X no 1 -Attachmantre) : Information Contact: Beverly Blythe, Clerk Yes - see letter Phone Minter: 732-8181, 968-4501, 227-0231 PURPOSE: To designate a voting delegate and alternate delegate to the annual NACo conference in Orange County (Orlando), Florida on July 13-16, 1985. MEND: According to the constitution of the Association, "each County represented shall be entitled to one vote which shall be the majority expression of the delegates of that County." IMPACT: One commissioner will cast votes for Orange County. RECOMMENDATION: As the Board decides. 09€ NATIONAL ASSOCIATION of CO I S 440 First St.NW. Washington,DC 20001 202/393-6226 MEMORANDUM TO : Chairman of the Board Chief Administrative Officer ' FROM : Maggie Tinsman, Chair, Credentials Commiaarp-' - - — -SUBJECT : voting Credentials - Aftnual-Cbnference--- DATE : May 29, 1985 • It's that time of year again. We are in the midst of preparing for NACo's 50th annual conference in Orange County (Orlando) Florida. We need your help to ensure that your county will be able to par- ticipate in the Association's annual election of officers and policy recom- mendations for the American County Platform. Please notify us on your official county letterhead the name of the voting delegate and alternate delegate authorized to pick up your county's credentials material. To make sure your county is able to partic- ipate in the voting process in the NACo annual business meeting on Tuesday, July 16, please notify us in writing of this information no later than June 28. Please send this information: Credentials Committee c/o Lena Palmer National Association of Counties 440 First Street, N.W. Washington, D.C. 20001 Thank you for your attention to this matter. _ . _ _ ()RANG COIJ CONIIVUSSIONERS • • IOS EAsr M ABET LA 27278 • July 2, 1985 VLOSESCARET • s. NORMAN.LN WAIF DON WII �T - • • • Credentials C�nittee • c/o Lena Palmer National Assoeia ..,,,f Counties x+40 First Strreet, LW. • Washington, Dear Ms. Tinsman delegate for the annual conference from Orange The voting be Commissioner Moses Carey, Jr. County, North Carolina Wj11i information, please do not • •If you need any addition:. } hesitate to contact me. ;f"' ?�' ,: ey :'• may:.• •-Sincerl`• `:: _� • t�� , ..•••••••.- .-‘7,....,.. .' die !Cl xk ° � Beverl :A?`Blyt , ommissioners s•: .. `•. r-'?• County...304 - ,,;. ;',7:s mow ": ,� c•c,^.z • l • p}. • ,t. t' x v • • ■ NATIONAL ASSOCIATION Of COUNTES 40 First St.NW.Washington.DC 20001 202i393-622o Chairman of the Board Chief TO Administrative Officer Add' Comma.ti��j�� Maggie-Tins, Chair, Credentials Voting Credentials - Annual Conference SUBJECT : - DATE May 29, 1985 • It's that time of year again• conference midst of preparing for NACo's 50th annual We are in the �• in Orange County (Orlando) Florida. our county will be able tse�! to ensure that y and policy We need your help annual election of officers an P ate in the Association's par- ticipate American Count P,tig.-°' -. recom- mendations for the ---- official county letterhead ueyour of ?lease notify us on your of partic- ipate delegate authorized to pick to P and alter=. To make sure your county is on Tuesday, the voting delegate material. business meeting ipa e in the voting r cess in the NACo annual information meeting no later than please notify us in writing of this ipate in the voting p July 16, P June 28. information: Please send this i forma Credentials Committee c/o Lena Palmer National Association of Counties 440 First Street, N.M. Washington, D.C. .20001 k you for your attention to this matter. Than \ • 091 ORANGE COUNTY BOARD OF COMMISSIONENS Action Agenda ACTION AGENDA ITEM ABSTPACT Item Nb.E.-13 MEETING DATE 6/18/85 Subject: Resolutions for Annual NCACC Conference Department: Board of Commissioners I Public Hearing: yes i no, ' Attachment(s) : Information Contact: Clerk to the Board Yes, Bulletin Phone Number: 732-8181, ext. 510 PUPPOSE: To consider Resolutions for introduction at the Annual North Carolina Association of County Commissioners Conference in Raleigh, August 12-15. NEED: Deadline for submission of Resolutions to be considered at the Conference is July 19, 1985. Board may wish to consider ideas for Resolutions and give Staff direction for the preparation of Resolutions. IMPACT: If the Board decides to submit a Resolution(s) at the Annual NCACC Conference, staff will have ample time to meet deadlines for such submissions. RECOMMENDATION: As the Board decides. r 4 A T 14'4:4. , OW• K-,Zr 1'1 4/1..;,.1 1,4.,4.‘a 4"li1 p.l,':i Pe,V 7 4g.l 11 EV IIKAY 2 4 u 1 [[0 [11 n . _ n .-- 1985 ,,, . . • mic5Frn-e c"Fecour.i" ,0.,.sclauticroom OF cQuiv-ry 9cmviivn9stormiEFt . . . P. 0. BOX 1488 • RALEIGH, NORTH CAROLINA 27602 • TELEPHONE 919/832-2893 . .1? ....... ,7 . . • - -.. _ . 1` MEMORANDUM -. i . TO: ' COUNTY CHAIRMEN & MANAGERS, AFFILIATE PRESIDENTS ' t • FROM: RON AYCOCK, EXECUTIVE DIRECTOR . . . .1. DATE: MAY 23, 1985 . . 4 SUBJECT: 1985 ANNUAL CONFERENCE RESOLUTIONS PROCEDURE/ASSOCXATION ' b POLICY STATEMENTS - . - _ ' - ,. ' . . • 7, • Within the next few weeks, information, and reservation forms for the 1985 NCACC Annual Conference, in Raleigh August 8-11 will be, mailed to county officials. .•L . . • Association President James Weathers is requesting that resolutions to be voted on at the Annual Conference, in Raleigh be submitted to the Association headquarters no later than July 19, .1985. This submission date will enable us to publish proposed resolutions in CountyLines prior to the beginning of the Conference. , - The rules governing the resolutions process are set forth in Article VII, Section 1 of the Association Constitution, which reads as follows: . Section 1: Submission of Resolutions to Resolutions Committee. . A resolution may be submitted for consideration by the Resolutions Committee at the annual meeting of the Association in one of the following ways: (1) By official action of a member board of county commissioners; ' (2) By official action of a standing or special committee of the Association; . - , (3) By official action of an affiliate organization of the Association; (4) By motion of a member of the Resolutions Committee. . The Association Board of Directors will serve as the Resolutions Committee. Resolutions Committee meetings at the Annual Conference • are scheduled .as follows: Thursday, August 8-- 10:00 a.m. - Friday, August 9 --- 5:00 p.m. OVER - - * - p93 • • • Please note that we are sending copies of the Association's Policy } Statements which were adopted by the Association in order to. have some continuity and consistency in its policy positions. .These statements will be examined. and amended where appropriate at this year's Annual Conference. . Proposals for changes in the policy statements will•• be subject to the same procedures outlined above for resolutions. PLEASE SUBMIT YOUR RESOLUTIONS OR SUGGESTED CHANGES IN THE POLICY STATEMENTS TO THE -ASSOCIATION OFFICE BY JULY 199,19$51 • 094 ORANGE COUNTY BOARD OF CCMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Elf Meeting Date: JUNE 18, 1985 SUBJECT: LEGISLATIVE ITEMS DIPARBWIT: CCUNTY MANAGER PUBLIC HEARING: Yes X hb ATTACHMENT(S): ItIFORMATIOM COMM: MANAGER'S OFFICE X501 TELEPHONE NUMBER: YES Hillsborough -732-6181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 _ - PURPOSE: To review and discuss additional bills which could potentially affect the County. NEED: House Bill 1314 Repeal Property Tax House Bill 1233 One School Unit Funded Per County IMPACT: RECOMMENDATION(S): GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 HOUSE BILL 1314* Short Title: Repeal Property Tax. . (Public) Sponsors: - Representatives Savretic: Hasty, Locks, Quinn, Barker,* . . . . . . . . . . . . . - - Referred to: Constitutional- Amendments - May 20, 1985 1 A BILL TO BE ENTITLED 2AN ACT TO MEND THE CONSTITUTION TO PROHIBIT TAXES ON PROPERTY, 3 TO REQUIRE A STATE SALES TAX OF AT LEAST FIVE PERCENT, AND TO 4 REQUIRE THAT THE TAX REVENUE PROM A FIVE PERCENT STATE SALES 5 TAX AND FROM ONE-HALF THE CORPORATE INCOME TAX HE DISTRIBUTED 6 TO LOCAL GOVERNMENTAL UNITS; TO AUTHORIZE LOCAL INDIVIDUAL 7 INCOME SURTAXES, TO REPEAL LOCAL SALES TAXES, TO INCREASE THE 8 STATE SALES TAX RATE TO EIGHT PERCENT AND ELIMINATE 9 PREFERENTIAL RATES, AND TO PROVIDE A REFUNDABLE INCOME TAX 10 CREDIT TO LON-INCOME INDIVIDUALS FOR THE ESTIMATED AMOUNT OF 11 SALES. AND USE TAXES PAID BY THEM. . 12 The General Assembly of North Carolina enacts: 13 Section 1. . Article V, 4 2 of the North Carolina 14 Constitution is amended as follows: 15 . (1) by deleting subsections (2) , (3) , (4) . and (5) and 16inserting new subsections (2) , (3) , and (4) to read: 17 0 (2) No property tax to be levied. . No tax on property shall 18be levied by the General Assembly or by any county, city or town, 18or other taxing unit. _ 20 21 tax � SESiQ� 1985 MBLY OF NORTH CAROLINA Geneical assembly shalP9� GENERAL ASSE and distributs.on. . The (3) Sales ta five P ercent (5%) on 1 taxes of at least 2 levy State sales and use or used in the State. _ The property sold tax it � tangible personal prO�3e bons from this make any exemptions gsseably may use of 4 General tax the sale or are appropriate, but it may not The tax 5 determines ar . general rate. .the g 6 some property at a rate laver than taxes shall be percent (5%) State sales and use .to basis. g The ? revenue from figs P and tovns on a per caps to counties, Cities, or towns 8 distributed counties, cities. General assembly may not asthori2e 10 to levy local sales and use taxes. . the tax One-half of Distribution of corporate income tax. _ distributed to 11 (4) DS.str shall be ne from corporate income taxes 12 raven er capita basis• unties, cities. and towns on a P '-'; and 13 co between the words Hof° and "tax's it be be • 14 � na State". 15 subsection (6) the words II of Chapter 105 of the General Sec. . 2. , Subchapter Statutes are 16 7 of Chapter 105 of the General 17 Statutes and Article 18 repealed• III of -Chapter 105 of the General Sec. . 3. _ Subchapter Y 19 a]I,ed Chapter 20 Statutes is rape ter 1096 of the 1967 Session Laws; Sec. - 4. . Chap 1100, Section 3. 21 o f the 1979 Session Laws; Chapter Session) ; Chapter 4• 22 12, Section 2, ular the 1979 Session Laws (1980 Beg 23 of th and 'Chapters 781 and 782 of 24 Section 3, of the 1981 Session Laws;. an 1971 Session Laws are repealed. 25 the 151 is repealed. - 26 Sec. 5. . G.5. . 153A- 27 deleting the phrase 05-168.4. G.5: . 105-164.6. and G. S. _ 10S "three percent 28 164. 10 are amended by gazes$ Bill 1314 2 Orr GENERAL ASSEMBLY OF NORTH CAROUNA SESSION 1985 ' 3. each time it appears in those sections and substituting the 2 phrase "eight percent (8%) ". .. 3 Sec. 7. . G. $. . 105-164. 30 is amended by rewriting the 4 collection table at the end of the first paragraph of that 5 section to read: 6 " (1) No amount on sales of less than 80; 7 (2) 1% on sales of 80 through 220; 8 (3) 2% on sales of 230 through 340; • 9 (4) 3% on sales of 350 through 460; 10 (5) 40 on sales of 470 through 580; . 11 (6) 50 on sales of 590 through 70%; 12 (7) 6% an sales of 71% through 820; - 13 (8) 7% on sales of 83% through 940; 14 (9) 80 on sales of 950 through $1.04; and 15 (10) Sales of over VI. 04 - straight eight percent (8%) with 16 major fractions governing. " 17 Sec. . 8. The second sentence of G.S. . 105- 164. 13 (18) is 18 amended by deleting the phrase "three percent (3%) " and 19 substituting the phrase "eight percent (8%) 0. . 20 Sec. .9ør G.S. _ 105-164.4 (1) is amended as follows: 21 (1) by deleting the second sentence of the first 22 paragraph of that, subdivision; and 23 (2) by deleting that part,of the subdivision beginning 1 214 with the phrase: "Provided further, the tax shall be only at 25 the rate of one percent (1%) of the sales price on the following 26 items:". . 27 Sec. . 10. . The first sentence of G.S. . 105-164.6(3a) is 28 rewritten to read: "Every person who purchases or acquires a House Bill 1314 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 198° 1. motor vehicle shall pay a tax at the rate of eight percent (8%) 2 on the purchase price of the vehicle, as determined in accordance 3 with G.S. 105-164. P(1) ." Sec. . 11. . Article 5 of Chapter 105 of the General 5 Statutes is amended by adding a new Division to read: 6 "Division IX. . 7 "Distribution of Part of State Sales and Use Taxes to 8 Counties and Cities. . 9 n6 105- 165. _ Quarterly distribution- of five percent- (5%) -State 10 sales and use taxes. (a) Distribution. . The Secretary shall 11 quarterly distribute to each county and city that unit's per 12 capita share of five percent (5%) State sales and use taxes 13 collected the preceding quarter. . To make this per capita 14 distribution, the Secretary shall determine the total population i5 of the counties, including any cities located in the counties, 16 plus the population of the cities. . The Secretary shall then 17 compute a per capita distributable amount by dividing the amount 18 to be distributed by the total population. _ Bach county or city 19 shall receive the product of the population of the county or city 20 and the per capita figure. . The Secretary shall use the most 21 recent annual population estimates certified by the State Budget 22 Officer in determining the population of counties and cities. . 23 (b) Use. Revenue distributed to a county or city under this 24 section may be used for any public purpose. . 25 (c) 'City' Defined. . As used in this section, the term 'city' 26 has the same meaning as in. G.S. . 153A-1 (1). " 27 Sec. . 12. . Division I of Article 4 of Chapter 105 of the 28 General Statutes is amended by adding a new section to read: 4 House Bill 1314 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 . O9 c ,„ 1 04 105-130.36. . Distribution to counties and cities of 2 corporate income tax revenue.-f,-(a) The Secretary shall, as soon 3 as practicable after Bay 1 of each year, distribute to each h county and city that unit's per capita share of one-half of the 5 amount of corporate income taxes collected during the preceding 6 twelve-month period ending April 30. . To make this per capita 7 distribution, the Secretary shall determine the total population 8 of the counties, including any cities located in the counties, 9 plus the population of the the cities. _ The Secretary shall then 10 compute a per capita distributable amount- by dividing the. amount 11 to be distributed by the total population. . Each county or city 12 shall receive the product of the population of the county or city 3 and the per capita figure. . The Secretary shall use the most lh recent annual population estimates certified by the State Budget 15 Officer in determining the population of counties and cities. . 16 (b) Use. . Revenue distributed to a county or city under this 17 section may be used for any public purpose. . 18 (c) 'City' Defined. . As used in this section, the term 'city' 19 has the same meaning as in G.S. 153A-?(1). 0 20 Sec. 13. _ Division II of Article 4 of Chapter 105 of 21 the General Statutes is amended by adding a new section to read: 22 111,; 105-154. 15. . Low-income credit for sales and. use taxes.-,- (a) 23 Credit. .. Except as provided in subsection (b) , an individual 24 whose modified gross income for the taxable year falls into one 25 of the income brackets in the table below is allowed a refundable Scredit against the tax imposed by this Division egual to the 27 number of qualifying exemptions claimed by him multiplied by the 28 figure shown in the table for his income bracket and number of House. Eill 1314 5 •GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 qualifying exemptions claimed. . The amount of the credit is the 10C 2 estimated amount of sales and use taxes paid by the individual 3 during the year. . The income brackets in the table approximate h the federal poverty level thresholds. . 5 Credit 6 Number of gualifyinq Exemntions. 7 Modified 8 Gross Income 1 2 3 4 5 6 7 8 or more 9 $ 0- 999 $ 27 33 36 39 62 45 47 49 10 1,000- 1 ,999 60 75 90 99 108 117 126 132 u 2,000- 2,999 84 114 138 159 177 189 201 210 12 3,000- 3,999 99 141 168 195 219 237 249 264 13 4,000- 4,999 111 165 195 225 232 267 282 294 5,000- 5,999 - 183 210 266 276 291 300 312 15 6,000- 6,999 - 195 219 261 296 312 324 333 16 7,000- 7,999 - - 225 273 309 330 345 351 17 8,000- 8,9.99 - - 228 282 321 345 363 366 18 9,000- 90999 - 288 330 357 378 381 19 10,000-10,999 - 291 336 369 393 396 20 11,000-11,999 - - 339 378 405 408 21 12,000-12,999 - - 342 387. 414 420 22 13, 000-13,999 - - 393 423 429 23 14, 000-14,999 - - - 396 429 438 211 15, 000-15,999 - 432 444 25 16,000-16,999 - - - 435 450 26 17, 000- 17,999 - 453 27 18, 000-18.999 - - 456 20 6 House Bill 1314 101 GENERAL ASSEMBLY OF NORTH CAROLINA S ESS 1 C)N 1985 1 (b) Restrictions. . The following individuals may not claim the 2 credit allowed by this section: 3 (1) An individual who was not a resident of this State 4 for at least half the taxable year; 5 (2) An individual who did not live in this State for at 6 least half the taxable year; 7 (3) An individual who was an inpatient at a hospital 8 facility, as defined in G. S. _ 131E-16, for at least 9 half the taxable year; 10 (4) Au individual who was in jail or in other official 11 detention for at least half the taxable year; 12 (5) An individual who may be claimed as a dependent by 13 another under G.S. . 105-149 (a) (5) ; 1!r (6) A married individual who is considered a dependent 15 of his spouse for purposes of this section; and 16 (7) A married individual who lived with his spouse at 17 the end of the taxable year and does not file a 18 combined income tax return with his spouse. . 19 (c) Application. . To claim the credit allowed by this section 20 an individual must claim the credit on an income tax return that 21 is timely submitted or must file an information return, on a form 22 prescribed by the Secretary, on or before April 15 following. the 23 calendar year for which the credit is claimed. . 24 (d) Definitions. . As used in this section: 25 (1) • Modified gross income" means the total gross 26 taxable income of the individual, plus all other 27 nontaxable income, except noncash public assistance 28 House Bill 1314 7 • . . GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 102- 1 and gifts or inheritances received from a spouse, 4. • 2 lineal ancestor, or a lineal descendant. . 3 (2) 'Qualifying exemption' means an exemption claimed 4 for oneself or a dependent, other than an 5 additional exemption allowed for age, mental or 6 physical condition, or a dependent who is a full- • 7 tine student. . For purposes of this section, a 8 married individual who has no earned income but 9 whose spouse has income is considered a dependent 10 of his spouse, and his spouse is considered to have 11 a qualifying exemption for him. . 12 (a) Limit. . The Secretary shall make no refund in an amount 13 less than five dollars ($5.00) ." 14 Sec. 14. . Article 4 of Chapter 105 of the General 15 Statutes is amended by adding a new Division to read: 16 "Division VI. 17 "Local Individual Income Surtaxes. _ 18 "4 105- 163.06. Local individual income surtaxes authorized.-- 19 each county or city in this State may, by resolution of its 20 governing body, levy an annual surtax on the taxable income of 21 individuals who are residents of the county or city in an amount 22 that will provide the county or city with any revenue it may have 23 lost by the repeal of the property tax- and local sales and use 24 taxes that is not offset by revenue distributed under G. S. . 105 25 165 and 105- 130. 36. . A resolution adopted under this section 26 shall become effective for the taxable year beginning January ' 27 following the date the resolution is adopted. . 28 8 House Bill 1314• GENERAL ASSEMBLY OF NORTH CAROLINA the SESSION 1985 a resolution,Before adopting 1 county or city shall obtain a 2 statement from the Department o f Revenue setting forth the 3 Department s estimate the anticipated revenue loss of the • timate of would generate the amount county or city and the surtax rate that or city may not 4 a surtax, the county of the loss. . In levying specified in the 5 than that spa 6 impose a surtax at a rate higher a surtax t, .5 statement. A copy of a resolution levying 7 Department's Local income to the Department. .B shall immediately be sent shall be collected by the Department. !' 9 �nrtaxes s this Sec. . 15. . The amendments set forth in Section 1 of 10 nalif ied voters of the State at 11 act shall he submitted to the g 12 the statewide general election in November ovembeT of 1986• which shall the t3 be conducted under the laws then governing elections in t election, each qualified voter who desires to 14 State. . At that be printed the 15 vote shall be provided a ballot on which shall 16 following- .amendments repealing the FOR constitutional other 17 p a the intangibles tax, and all inventory tax, 18 and replacing property taxes, a 20 lacing these taxes with increased State sales and use taxes and 20 � ' distribution of income tax revenue. . soling the 21 amendments rep '�w AGAINST constitutional all other 22 inventory tax, the intangibles tax, and I . 23 these taxes with property taxes, and replacing 21, use taxes and a increased State sales and z5 avenue." uti on of income tax .r st rib di b 6 the amendments shall vote by 27 those qualified voters favoring mark in the square beside the statement � 28 ma=king an n%„ or a check 9 House Bill 1314 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 I beginning ”PORfl, and those qualified voters opposed to th 1011 2 amendments shall, vote by marking an NO or a check mark iu the 3 square beside the statement beginning HAGAINSTI,. . h Notwithstanding the foregoing provisions of this 5 section, voting machines may be used in accordance with rules and 6 regulations prescribed by the State Board of Elections. . 7 Sec. 16. . If a majority of votes cast thereon are in. 8 favor of the constitutional amendments, the State Board of 9 Elections shall certify the amendments to the Secretary of State 10 who shall enroll the amendments so certified among the permanent U records of his office. _ If approved, the constitutional 12 amendments shall become effective January 1, 1986. . 13 Sec. 17. . Sections 1, 15, and 16 of this act are lh effective upon ratification. , The remainder of this act shal. 15 become effective only if the constitutional amendments proposed 16 by this act are approved. . If the constitutional amendments are 17 approved, Sections 2, 13, and 14 of this act shall become 18 effective for taxable years beginning on' or after January 1, 19 1988; Sections 3 through 11 shall become effective June 1, 1988; 20 and Section 12 shall become effective Hay 1, 1989. . 22 *Additional Sponsors: Lilley, Pool, Hightower, Nicker. . 23 21i 25 26 27 28 10 House Bill 1314 _ I,. -824- Amends GS 126-5(e) to make subsection(requiring that certain employees exempt from Personnel Act have priority to any position that becomes available for • which employee is qualified) to apply only to exempt employee who leaves involuntarily. Adds provision to GS 126-5(e) to provide that such an employee ,I. (described in subsection) with 20 years or more of creditable service in state ' retirement system may retire within 12 months after leaving with no reduction in retirement benefits because of age or length of service. Requires that dep't I'l releasing such an employee must use lapsed salary funds to pay appropriate retirement fund any additional costs of retirement and can use such funds for no other purpose until all such costs are defrayed. 0 - 12 33 One school unit funded per county GS 115C Introducer: Craven Sent to-Appropriations "To limit the number of central school administrative offices to be funded by the State. " Amends GS 115C-66 to provide that it is policy of state to fund central operations in no more than 100 local school administrative opera- tions and in no more than one unit in each county. Requires State Board of Educ- = , ation to implement policy not later than July 1, 1986. - H 1234 Correctional facility authority GS 7A, 143B Introducer: Craven Sent to Corrections ' "To establish the North Carolina Correctional Facilities Construction • , Authority under the Department of Correction. " As title indicates. Auth'y to consist of ten members: Sec'y of Crime Control and Public Safety or designee, Seely of Correction or designee, four members appointed by General Assembly in joint session, and four members appointed by Governor. States purpose of Auth'y is to deal specifically with construction and financing,of adequate correctional facilities, Sets out Auth'y's powers and duties, financing procedure for projects, including issuance of bonds. Adds new GS 7A-304(a)(5) (criminal costs) to add $15 in district court, including cases before a magistrate, and $15 in superior court for support of Auth'y. Effective Jan. 1, 1986. H 1235 Pupil assignment referenda GS 115C Introducer: Ray Warren Sent to Education "To 'allow local boards of education to schedule advisory referenda on issues relating to pupil assignment plans." Adds GS 115C-373 as title indicates; referendum may be held at any time at which another election is already scheduled as long as at least two thirds of voters eligible to vote in local school adminis- trative unit would be eligible to vote in that other election. H 1236 Sword. of Peace funds APPROPRIATION Introducer: Holt . Sent to Appropriations . . "To appropriate funds for the development and improvement of the Snow Camp Drama Society'shistoric and cultural activities and programs." 'Appro- priates $50,000 in fiscal 1985-86 from General Fund to Dep't of Cultural Resources for purpose indicated in title. Effective July 1, 1985. . H 1237 James Sprunt become comm'ty college GS 115D Introducer: Murphy • Sent to Higher Education "To grant community college status to James Sprunt Technical College. " As title indicates. Provides that a maximum of 10% of total number of curriculum student membership hours may be generated from college transfer programs. Effec- tive Jun 17, 1985. • ORANGE COUNTY . . • - • BOARD. or COMMISSIONERS . ACTION AGENDA • ACTION AGENDA ITEM ABSTRACT - ITEM HOZ 15 - MEETING DATE June 18, 1985 . ' • SUBJECT: BUDGET AiiENDMENTS • • . . . . - . . . . • . ---- . DEPARTMENT: FINANCE - : -. . I PUBLIC HEARING: . YES , no • .,....._ _ . • . ATTACIVENT(S): • ' -INFORMATION CONTACT: Donna Clayton - Proposed midget Amendment " PHONE NUMBERS: HILLSBOROUGH - 732-8181 . : HILLSBOROUGH - 732-9361 ' . . ' CHAPEL HILL - 967-9251 . . . • _ • • . • ' - - MEBANE - 227-2031 - • . ' DURHAM - 688-.7331 . :. . - .. . . ' • PURPOSE: Consideration of pro ..posed-bhdget amendments . . .- - . . • - . .. . . • • . . . . . • • . . . . "' • - _ - ' - - . . . .. . • - . . . _ • ... • . . , . . • . . . . . . . . • . - . . . • NEED: • • . GENERAL FUND - - " • • ' . - - . • . . . ."- 1. - To budget for additional-Adult Health (TubereulOais) funds that have been awarded 6 th4Orange County 4aalth Department. -. . • - . . ' • 2. To budget for additional Maternal-and Child Health 'funds that have" ' - • been awarded to the.Orange County Health Department: • . 3. , To budget for additiOnal Long Term Care Screening funds that have been - - . . awarded to the Orange County Department of Social—Services. . • ... ........ . • . . - . . ' • " - • - . . . .. . • - . . - - IMPACT: ' GENERAL FUND • . 1. This amendment will increase funds available to the Orange County . • . Health Department with 100% State funds.: . _ . 2. This amendment will increase funds available to the Orange County - Health Department with 100% State funds. . . • 3. This amendment will increase funds available to the Orange County Department of Social Services with 100% State funds. - . • ' ' RECOMMENDATION(S): Approve motion to amend 1984-85 Budget Ordinance by proposed . • budget amendments. ' . . io`,i ORANGE COUNTY PROPOSED 1984-85 BUDGET AMENDMENT 28, 1985, e County as adopted on June > Budget Ordinance of Orange amended, is hereby amended as follows: The 1984-85 Budg and subsequently AMENDMENT BEFORE AMENDMENT AMENDMENT w GENERAL FUND $ 63,451 1. Appropriation: $1,502 • $ealth-Epidemiology $ 61,949 1,502 ".13;502 Source: ' 000 Health--Adult He alth Service 12`y • To budget for additional Adult Health revenue. 2. Appropriation: $345,242 Health-Maternal and Child $343,091 $2,151 Health Source: - 103,747 and Child 2,151 Health Maternal 101,596 Health Health revenue. To budget for additional Adult 3. Appropriation: 28,120 25,000 3,120 Social Services Long Term Care Screening Source: Care Care Screening- 120 Social Services Long Team 0 120 Screening 3,000 Social Services-Long Tee Care 0 3,000 Care Screening-CHORE-X1X To budget for..additional Long Term Care Screening Revenue. 1985. Approved this day of . • ' ' � O� . - • . • ORANGE COUNTY ' . . . - .BOARD. OF COMMISSIONERS . ACTION AGENDA - ACTION AGENDA ITEM ABSTRACT ITEM NO.E) • MEETING DATE June18, 1985 • - .•• SUBJECT: Creation af .Individual Capital Projects Funds . . . • DEPARTMENT: Finance. I PUBLIC HEARING: : YES x NO ATTACHMENT(S): Budget Amendment INFORMATION CONTACT: Donna Clayton . • - • • PHONE NUMBERS: HILLSBOROUGH -- 732-8181 : HILLSBOROUGH - 732-9361 . CHAPEL HILL 967-9251 ' .• - - •. MEBANE - 227-2031 " • - DURHAM - 68877331 • • PURPOSE: In order to provide detailed accountability for each capital project that - . : the County has appropriated funds, separate Capa.tal•Projects'-Punds will.be • established. This separate accountability is in accordance -with the . • North Carolina 'General Statutes- and Generally :Accepted Accounting Principles. NEED: • To insure that all funds that-have been appropriated for each presently . _ . • . ongoing. capital project are appropriately' transferred into separate - " funds. _A11 expenditures will be transferred accordingly. - - - IMPACT: This amendment does not requite additional funding by the .County. Instead it transfers appropriations to individual funds for each . • project. Control and accountability.wi11'Ibe-_ the,. end•:Lresult of these . transfers - • -- RECOMMENDATION(S): Approve motion to transfer appropriations to individual • • capital projects fund. • 10i; ORANGE COUNTY PROPOSED PROJECT ORDINANCE AMENDMENT The 1984-85 Budget Ordinance of Orange County as adopted on June 28, 1984, and subsequently amended, is hereby amended as follows: Before After Amendment - Amendment Amendment CILJ___TALECTS __FUND Old Courthouse Restoration $350,000 $(350,000) $ 6 State Old Courthouse Restoration Grant 4,000 ( 4,000) 0 Water and Sewer 20,000 ( 20,000) 0 Sewer Extension Loan 136,000 (136,000) 0 Tax and Records Building 25,000 ,( 25,000) 0 Recreation Conservation. Grant 29,480 ( 29,480) 0 Cedar Grove Roof & Insulation . 61,060 ( 61,060) . 0 Cedar Grove Neighborhood • Park • 58,960 ( 58,960) 0 Cedar Grove Repairs 6,000 ( 6,000) 0 Human Resources Grant 100,000 (100,000) 0 O.P.C.• Mental Health. Grant 25,000 . ( 25,000) 0 Northside Cafeteria 125,000 (125,000) 0 Northside Multipurpose Center 228,360 (228,360) 0 Northside Parking Lot 3,000 ( 3,000) 0 Northside Restrooms 12,787 ( 12,787) 0 New Courthouse - Elevator 50,000 ( 50,000) 0 1 Transfer from General Fund 1,072,359 (917,687) 154,672_ OLD COURTHOUSE RESTORATION • Appropriation: Restoration • $ 0 $_350,000 $350,000 Source: Old Courthouse Restoration Grant 0 4,000 4,000 Transfer from General Fund 0 346,000 _346,000 1 1 • 1 . . 11.t] BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT . EFLAND SEWER PROJECT Appropriation: Water and Sewer $ 0 $ 20,000 $ 20,000 Extension Loan Reserve 0 136,000 136,000 . Source: Transfer from General Fund 0 156,000 156,000 TAX AND RECORDS RENOVATIONS Appropriation: Renovations 0 25,000 25,000 Source: Transfer from General Fund 0 25,000 25,000 CEDAR GROVE RENOVATIONS - Appropriation: Roof and Insulation 0 61,060 61,060 Neighborhood Park 0 58,960 58,960 Repairs '0 ' 6,000 6,000 Source: Recreation Conservation Grant 0 29,480 29,480 Transfer from General Fund 0 96,540 96,540 NORTHSIDE RENOVATIONS Appropriation: Cafeteria 0 125,000 125,000 Multipurpose Center. 0 228,360 228,360 Parking Lot 0 3,000 3,000 Restrooms 0 12,787 12,787 ___ 1 1 1 BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT Source: Human Resources Grant ' 0 100,000 100,000 0.P.C. Mental Health 0 25,000 25,000 Transfer from; General Fund 0 244,147 244,147 HANDICAP ACCESSIBLE RENOVATIONS Appropriation: New Courthouse Elevator 0 50,000 50,000 Source: Transfer from General Fund 0 50,000 50,000 To transfer appropriations to individual capital projects funds for each capital project that the County has appropriated funds. 1i2 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS ��+�+ �� ACTION AGENDA ITEM ABSTRACT Item Mb. L l Meeting Date: JUNE 18, 1985 SUBJECT: JUNE 29, 1985 FIREWORKS DISPLAY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ik AT,TACEDIENP(S): INFORMATION CONTACT: MANAGER'S Ol OFFICE- TELEPHONE NUMBER: Pw„ Hillsborough -732-8181 Chapel Hill - 968-4501 EL ft Mebane Durham 227-2031 688-7331 approval from the Board of Comani�ssianers for a PURPOSE: Zb request appr Orange County Speedway on fireworks display to be held at the am3 June 29, 1985. The fireworks display will follow the regularly c scheduled racing events of that night. NEED: In discussing plans for the display with Speedway representa- tives it appears that adequate precautions will be taken to guard against accidents. Specifically, there will be set back �� ?: for igniting the fireworks. A technician with several years of experience will be in charge. A fire fighting unit will be '` present. Still further the Speedway carries insurance for any injury claim;. IMPACT: Y-F' 4 RECOMMENDATION(S): * Ratify the action of the County Manager in approving the display subject to Board approval at the regular meting, June 18, 1985. <43 :ar ffyk ~li k.. }at Orange County Winskm Rcr°n9.—es Winston Racing Speedway ...nu Series News Post&ice Box 1122 Roxboro,North Carolina 27573 Contact:(919-364-2232) TO: Orange County Board of Commissioners Hillsborough, N. C. GENTLEMEN: Ft' Orange County Speedway is planning a fireworks display at the speedway on the night of June 29. The display is planned after all racing activities for the night are over. Orange County Speedway therefore requests that the Orange County Board of Commissioners issue to the speedway a one-night permit for a fireworks display. The fireworks display is being' purchased from Southern International Fireworks Inc. and a Southern International pyrotechnician will be in charge of the display. Thanking you in advance for your cooperation, I am Sincerely, 04_ i • W. A. (Winkle) Wilkins J)f Publicity Director Approved by:. Orange County Manager, Kenneth R. Thompson Fyn: hey r e t"° 114 //1)12s- \1-t- aw CA..t , . . g44-4- w -462) 69-e-e-r,/ z"-.62.ee-x-c edeLif Fif _ hy'yY. S". t?- 032 ORANGE COUNIY BOARD Cl? CCMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. CZ Meeting Date: JUNE 18, 1985 SUBJECT: MASSAGE ORDINANCE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHWERT(S): INMORMTDON CONTACT: MANAGER'S OFFICE X501 TELEPHONE NUMBER: YES Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider the provisions of a draft ordinance to control massage salons as a means to deter any illegal activity. NEED: Upon request of the Sheriff the Board on February 19, 1985 authorized the developmnt of an ordinance patterned after an ordinance that was under consideration by the Mown of Chapel Hill. On May 24, 1985 a second model was proposed by the Sheriff patterned after regulation in existence in Durham City. The benefit of the latter is the fact that it has been tested and upheld by the United States Court of Appeals for the Fourth Circuit. Changes recommended by the County Attorney include: 1. Changing the license revocation sections (Section 1-4 (F) and Section 1-5 (H) to empower the County Manager to do the initial revoking and providing an appeal of that decision to the Board of Commissioners. 2. Adding a severability and remedies clauses. RIPACT: RBCGIMEMAATION(S): Provide a review and comment period prior to adoption during which tine any massagists would be notified and invited to comment. • P . 033• RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF MASSAGE AND HEALTH SALONS Pursuant to authority provided in N.C. Gen. Stat. Sec. 153A-121, 114 153A-123 and 153A-134 the Board of Commissioners of Orange County hereby resolves and ordains as follows: Sec.-1-1. Definitions. It Unless the context clearly indicates otherwise, the following terms shall have the respective meanings ascribed to them: 4 BUSINESS OR PROFESSION OF MASSAGE: The massage or treatment of ! any person for a fee or in expectation of a gratuity from the person massaged. MASSAGE: The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device. MASSAGE BUSINESS: Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs , physical culture studios , massage studios and massage parlors. MASSAGIST: Any person engaged in the business or profession of massage. 1 • 031 Sec. 1-2. Scope. To protect public health, safety, welfare and morals , the following privilege license provisions and regulations are ordained for the privilege of carrying on the business, trade, or profession of massagist and for the operation or carrying on of the businesses, trades, or professions commonly known as massage parlor, health salon, physical culture studio, or similar establishment wherein massage or physical manipulation of the human body is carried on or practiced. The provisions of this ordinance shall not apply to a regularly established and licensed hospital, sanitarium, nursing home, nor to an office or clinic operated and regularly used by a duly qualified and licensed medical practitioner, osteopath, or chiropractor in connection with the practice of medicine, chiropractic, or osteopathy. Sec. 1-3. Massage of private parts for hire prohibited. It shall be unlawful for any person to massage or to offer to massage the private parts of another for hire. "Massage" means the manipulation of bn4 muscle or tissue by rubbing, stroking, kneading or tapping, by hand or mechanical device. "Private parts" means the penis, scrotum, mons veneris, vulva or vaginal area. The provisions of this section shall not apply to licensed 2 0 3 E medical practitioners, osteopaths or chiropractors, or persons operating at their direction, in connection with the practice of medicine, chiropractic, or osteopathy. Sec. 1-4. Licensing of massage business operators. (A) No person shall operate a massage business as herein defined unless such person shall have first applied for and received the privilege license provided by this section. (B) Every application for the privilege license prescribed herein shall be upon a form approved by the County Manager and shall be filed with the Clerk to the Board of County Commissioners. Every such -application shall be made under oath and shall contain the following information: (1) If the applicant is a person, the name and residence address of such person. If the applicant is a partnership, corporation or association, the name and residence address of each person having any legal or beneficial interest in 1 such applicant; and (2) The address of the permises where the massage business shall be located; and 3 Ytik 917 03€• (3) A complete statement of all convictions of any person whose name is required to be given in subparagraph (1) above of any crime involving sexual misconduct, including but not limited to N.C. Gen. Stat. Secs. 14-177 through 14-202.1 (Article 26, Offenses Against Public Morality and Decency) , N.C. Gen. Stat. Secs. 14-203 through 14-208 (Article 27, Prostitution) , any section of this ordinance, any federal statute relating to prostitution or any law or ordinance of any governmental unit concerning the business of massage; and (4) A complete statement of any revocation, by any governmental unit, or any license to operate a massage business or to engage in the business or profession of massage held by any person whose name is required to be given in subparagraph (1) above; and (5) A complete statement of any conviction of any person whose name is required to be given in subparagraph (1) above; for violation of any statute, law, ordinance or regulation of any government concerning the operation of a massage business or the business or profession of massage; and (6) The name and address of any massage business or other establishment owned or operated by any person whose name is 4 ik , • 03' * required to be given in subparagraph (1) above wherein the business or profession of massage is carried on; and, (7) A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant. 1,1 1.4 (C) The Clerk to the Board of County Commissioners shall transmit k a copy of the application to the Sheriff 's Department for an T'r investigative report; to the Department of Inspections to determine compliance with all zoning and building regulations and ordinances; the Sheriff's Department in co-operation with the respective fire district chief shall determine compliance with any law relating to fire protection. The Sheriff's Department shall, within a reasonable time, not to exceed forty-five (45) days, report the results of its examinations to the Clerk to the Board of County Commissioners. (D) An application in proper form, accompanied by all reports required by this section, shall be submitted to the County Manager, who shall approve such application if such officer determines that: (1) The application contains no misstatement of fact; and 5 Y.; 03E (2) The applicant, or any person having any legal or beneficial ownership interest in the applicant, has not been convicted of any crime listed in Section 1-4 ( 3) (3) of this ordinance; and (3) The applicant conforms to all requirements of applicable zoning, building, and fire prevention codes; (4) The applicant or any person having a legal or beneficial ownership interest in the applicant has not, for the three- year period preceding the application , had a previously issued license for engaging in the business or profession of massage revoked. (E) Upon approval of the application by the County Manager, and upon receipt of a one hundred dollar ($100.00) license fee, the Collector of Revenue shall issue a privilege license to the applicant. (F) A license issued pursuant to this section shall be revoked by action of the County Manager if the County Manager determines that: (1) The licensee has violated any provisions of this ordinance; or 6 031"; (2) The licensee, or any agent of the licensee, employs or permits to be on the premises of the applicant' s massage business any person practicing the business or profession of massage who has not been issued the privilege license required by Section 1-5 hereof, or whose license under Section 1-5 has been revoked; or (3) The licensee, or the legal or beneficial owner of any interest in the licensee is convicted of any crime listed in Section 1-4 (13) (3) of this ordinance; or (4) Any employee of the licensee is convicted of any crime listed in Section 1-4 (B) (3) of this ordinance; or (5) The licensee violates any zoning, building or fire 'prevention ordinance. (G) A license issued pursuant to this section is void if the licensee ceases for thirty (30) consecutive days operating a massage parlor at the location required to be stated in the application for license pursuant to subsection (B) (2) of this section. (H) Any person whose application for a license is denied by the County Manager pursuant to subsection (D) of this section or 7 4 04C- ,- :-,- .,, revoked pursuant to subsection (F) of this section may appeal 1„1,,,, ct; such decision to the Board of County Commissioners. An appeal is -1; fg taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners within ten (10) days following N, *4 ii the date of the decision. The Board of County Commissioners *..T shall set the appeal for hearing in the manner provided by ., Section 1-8 of this ordinance. The Board may affirm, modify or ..q 11, reverse the County Manager's decision. ■1 , . 4'. Sec. 1-5. Licensing of massagists. 1 V 4 (A) No person shall engage in the business or profession of ',. 't massage unless such person shall have first applied for and received the privilege license provided by this section. , (B) The application for the license required by this section shall be upon a form approved by the County Manager and shall be filed with the Clerk to the Board of County Commissioners. Such application shall be given under oath and shall contain the following information: (1) The name, age, and residence address of the applicant; and (2) A complete statement of the previous business or occupation of the applicant for the two (2) years 8 - 041 immediately preceding the date of application, including any massage establishment experience; and (3) A complete statement of all convictions of the applicant for any crime listed in Section 1-4 (B) (3) of this ordinance; (4) A complete statement of any revocation of any license granted by any governmental unit to the applicant to engage in the business or profession of massage; and (5) The date and place of the applicant's birth, the names of the applicant ' s parents and the residence address or addresses of the applicant for the five (5) years immediately preceding the date of application. (C) The applicant shall submit as part of the application required in subsection (B) hereof, the following: (1) Fingerprints of the applicant taken by the Orange County Sheriff's Department; and (2) Two (2) recent photographs of the applicant's head and shoulders, of a size and quality prescribed by the County Manager; and 9 mumgmem--__ 042 (3) A medical certificate signed by a physician, licensed to practice in this state, within seven (7) days of the date of the application. The certificate shall state that the applicant was examined by the certifying physician and that the applicant is free from reportable communicable diseases that are specified on North Carolina Communicable Disease Report Card (DHS form 2124 - Revised 1-84) , which cards are available from the Orange County Health Department. The information required by this subsection shall be provided at the applicant's expense. (D) The Clerk to the Board of County Commissioners shall transmit a copy of the application to the Sheriff for an investigative report. The Sheriff ' s Department shall, within a reasonable time, not to exceed forty-five (45) days, report the results of its investigation to the Clerk to the Board of County Commissioners. (E) An application in proper form shall be submitted to the County Manager together with all reports required by this section. The County Manager shall approve such application if such officer determines: 10 • 04a (1) That the applicant is at least eighteen (18) years of age; and (2) The application contains no misstatement of fact; and (3) The applicant has not been convicted of any crime listed in Section 1-4 (B) (3) of this ordinance; and (4) The applicant has not, for the three-year period preceding the application, had a previously issued license for engaging in the business or profession of massage revoked; and (5) The applicant is free from reportable communicable disease as evidenced by the medical certificate required herein; and (6) The applicant has not been previously convicted of any violation of any provision of this ordinance. (F) Upon approval of the application by the County Manager, and upon receipt of a fifty dollar ($50.00) licence fee, the Collector of Revenue shall issue a privilege license to the applicant. 11 044. (G) The County Manager shall have authority to direct that any person licensed under this section submit to a medical examination by a licensed physician approved by the County Manager for the purpose of determining whether or not such person has a reportable communicable disease. This authority shall be exercised only when the County Manager has reason to believe that any such person has contracted a reportable communicable disease. Refusal to submit to such examination shall be grounds for revocation of such license as provided in subsection (H) of this section. Notwithstanding the provisions of this subsection, every person licensed under this section shall file and continue to file with the Clerk to the Board of County Commissioners a new medical certificate with each application for renewal of the license prescribed by this section. Failure to file such updated certificates shall be grounds for not renewing or for revoking such license as provided in subsection (H) of this section. (H) A license issued pursuant to this section shall be revoked by action of the County Manager if the County Manager determines that: 1 (1) The licensee has violated any provision of this ordinance; or (2) The licensee is afflicted with a reportable communicable disease; or 12 04L-i (3) The licensee has failed to be examined by a licensed physician when required pursuant to subsection (G) of this section, or has failed to file any medical certificate required by said subsection (G) ; or (4) The licensee has been convicted of any crime listed in Section 1-4 (B) (3) of this ordinance. (I) Any person whose application for a license is denied by the County Manager pursuant to subsection (E) of this section or revoked pursuant to subsection (H) of this section may appeal from such decision to the Board of County Commissioners. An appeal is taken by filing written notice of such appeal with the Clerk to the Board of County Commissioners within ten (10) days following the date of the decision. The Board shall set the appeal for hearing in the manner provided by Section 1-8 of this ordinance. The Board of County Commissioners may affirm, modify or reverse the County Manager's decision. Sec. 1-6. Employer to use only licensed employees. No person licensed under Section 1-4 of this ordinance shall allow or permit any person to massage or treat any person upon • 13 04€ the premises operated by the licensee unless the person giving such massage or treatment is licensed under Section 1-5 of this ordinance. Sec. 1-7. Posting of license. (A) Every massagist shall post the license required by this ordinance in his or her work area. (B) Every person licensed under Section 1-4 of this ordinance shall display such license in a prominent place. Sec. 1-8. Notice and hearing. Before the County Manager revokes a license issued pursuant to this ordinance, or before the Board of County Commissioners considers an appeal, pursuant to Section 1-4 or Section 1-5 of this ordinance, from a decision of the County Manager denying an application for a license, the Manager or the Board as the case may be shall cause a written notice to be sent by certified mail to the licensee affected or applicant affected, at the address stated in the license or application. This notice shall advise the affected party of a right to appear before the Manager or the Board as the case may be, with or without legal counsel, at a stated time and place, for the purpose of presenting any evidence relevant to such revocation or denial, and for the purpose of 14 Q4 :'. hearing all evidence submitted and examining or cross-examining any person providing such evidence. Sec. 1-9. Hours of operation, (A) No person licensed as a massagist under Section 1-5 of this ordinance shall massage or treat any person or engage in the business or profession of massage, before 8 :00 a.m. or after 12:00 midnight, prevailing time. (B) No person licensed under Section 1-4 of this ordinance shall admit customers or prospective customers, or remain open for business, or allow, or permit or condone any massage or treatment of any person upon the premises before 8:00 a.m. or after 12:00 midnight, prevailing time. (C) No person in charge of managing a massage business upon the premises shall allow, permit, or condone any massage or treatment of any person before 8 : 00 a .m. or after 12 : 00 midnight, prevailing time. Sec. 1-10 . Patronage of massage businesses by minors: employment of minors. (A) No person licensed as a masseur or masseuse under Section 1-5 hereof shall massage or treat any person under the age of 15 04t eighteen (18) upon the licensed premises, except upon written order by a licensed physician, osteopath, chiropractor, or registered physical therapist, such order being dated and in the possession of the massagist giving the massage or treatment. (B) No person licensed under Section 1-4 of this ordinance shall allow, permit or condone the massage or treatment of any person under the age of eighteen (18) upon the licensed premises, except upon written order by a licensed physician, osteopath, chiropractor, or registered physical therapist, such order being dated, and a true copy of such order being in the possession of the licensee before administration of any massage or treatment. (C) No person licensed pursuant to Section 1-4 of this ordinance shall employ any person under the age of eighteen (18) years in the operation of a massage business. Sec. 1-11. Privilege license annual. The licenses required under this ordinance are annual privilege licenses. Fees for the licenses shall be due and payable in the same manner as prescribed for other privilege license fees of Orange County pursuant to the license and privilege tax ordinance of the County. 16 4 O4E. Sec. 2.1. Remedies. (A) Violation of this ordinance is a misdemeanor punishable as prescribed in N.C. Gen. Stat. Sec. 14-4. (B) Injunctive Relief: (1) Whenever the Board of County Commissioners has reasonable cause to believe that any person is violating or threatening to violate this ordinance or any rule or order adopted or issued pursuant to this ordinance, or any term, condition, or provision of a license issued pursuant to this ordinance, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of Orange County for injunctive relief to restrain the violation or threatened violation. (2) Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this ordinance. 17 05C. Sec. 3.1. Severability. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. Sec. 4.1. Effective date. This ordinance shall be effective on Applicants for license under this ordinance shall have sixty (60) days from its effective date to apply for a license. No massage business operator or massagist shall be deemed in violation of the licensing requirements of this ordinance during the sixty (60) day period following the effective date of this ordinance. No massage business operator or massagist that has made application for a license within sixty (60) days of the effective date of this ordinance shall be deemed in violation of this ordinance during that license application process through the point in time of the County Manager's decision on the application. 18 1 9RANGE COUNTY 051 .BOARD OF COMMISSIONERS ACTION AGENDA. ACTION AGENDA ITEM ABSTRACT ITEM NO.44. MEETING DATE June 18, 1985 SUBJECT: Uncollectable Personal Property Taxes 'DEPARTMENT: REVENUE PUBLIC HEARING: YES X NO ATTACHMENT(S) : INFORMATION CONTACT John T. Horner 432 • PHONE NUMBERS: HILLSBOROUGH- 732-818 Copy of G. S. 105-373(g) HILLSBOROUGH- 732-9361 CHAPEL HILL- 967-9251 MEBANE- 227-2031 DURHAM- 688-7331 • PURPOSE: To remove from the Tax Collectors Levy Personal Property accounts that have not been active since 1980. NEED: To enable the County Finance Office and the Auditors to determine the accounts that are active and collectable..Also these accounts can be relieved from the Tax Collectors Insolvent list and enable the Tax Collectors Office to address those that are collectable. IMPACT: Reduce the outstanding accounts on the Insolvent list. The effect would be not to release these accounts but to shift them from the annual levy collection list to a list of bills for later collection when it appears a match with a known owner can be made. RECOMMENDATION(S) : Authorize- the- Tax Collector to remove persons ontlie.insolvent list whose -bills are 5 or moie years past due and are deemed uncollectable under the . current year charge of taxes owed. •• 052 § 105-3M' 373 MACHINERY ACT § 105-374 • during a term for any reason,it shall be the duty of the chief accounting officer or, in the discretion of the governing body, of some other qualified person appointed by it immediately to prepare and submit to the governing body a report in the nature of a settlement made on behalf of the former tax collector. • The report, together with the governing body's action with respect thereto, shall be entered in full upon the minutes of the governing body. Whenever a settlement must be made in behalf of a former tax collector,as provided in this s thsection (d), the governing body may deliver the tax receipts,tax records, • and tax sale certificates to a successor collector immediately upon the occurrence of the vacancy,or it may make whatever temporary arrangements for the collection of taxes as may be expedient,but in no event shall any person be permitted to collect taxes until he has given bond satisfactory to the - governing body. (e).Effect of Approval of Settlement.--Approval of any settlement by the governing body does not relieve the tax collector or his bondsmen of liability for any shortage actually existing at the time of the settlement and thereafter discovered;nor does it relieve the collector of any criminal liability. (f).Penalties.-In addition to any other civil or criminal penalties provided • by law,any member of a governing body of a taxing unit,tax collector,or chief accounting officer who fails to perform any duty imposed upon him by this section shall be guilty of a misdemeanor punishable by fine or imprisonment, • or both,in the discretion of the court. (g) Relief:from Collecting Insolvents.-The governing body of any taxing unit may,in its discretion,relieve the tax collector of the charge of taxes owed by.persons on the insolvent list that are five or more years past due when it • appears to the governing body that such taxes are uncollectible.(1939,c.310, s.1719;1945,c.635;1947 c.484,ss.3,4;1951,c.300,s.1;c.1036,s.1;1953, c.176,s.2;1955,c.908;1967,c.705,s.1;1971,c.806,s.1;1983,c.670,s.22; - c. 808,ss. 5-7.) - Editor's Note.-The first 1983 amendment, Section 105-370,referred to in this section, effective July 1,1983,added the last two sen-• was repealed by Session Laws 1983, c. 808, tences of subdivision(a)(1)b. effective July 18,1983. The second 1983 amendment,effective July Legislative Power to Penalize.-The leg- 18,1983,rewrote subdivision(1)of subsection islature has the power to impose penalties on (a),rewrote clause c of subdivision(3)of subsec- the tax collector for his delay or failure to make lion(a),-and substituted"held by"for"sold to" settlement with the proper county authorities in the first sentence of subdivision(4)of subsec- within a stated time.State ex rel.Lovingood v. Lion(a). . Gentry, 183 N.C. 825, 112 S.E. 427 (1922), Session Laws 1983,ch. 808,s. 12,provides wherein the court said:"The power to coerce that the act shall not affect the validity of any prompt collection and settlement of taxes is no tax lien sale held before July 1,1983. less necessary than the power to levy and assess Session Laws 1983,ch.808,s.13,provides: them, and both are essential to the mainte- "Anything in this act to the contrary Hance of the government." notwithstanding,any person,-firm,or corpora- An extension of time,within which a sheriff lion who purchased or took assignment of a tax may settle State taxes,does not exonerate the lien sale certificate before July 1, 1983,pur- sureties upon his bond.Worth v.Cox,89 N.C. - suant to statutes amended or repealed by this 44(1883)(decided under former statute). act may initiate a foreclosure action under G.S. 105374 no earlier than six months after the date of the original lien sale." . § 105-374. Foreclosure of tax lien by action in nature of action to foreclose a mortgage. -(a) General Nature of Action. -The foreclosure action authorized by this section shall be instituted in the appropriate division of the General Court of Justice in the county in which the real property is situated and shall be an action in the nature of an action to foreclose a wort- gage • 130 • • • 05L- CRANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item Nb. i-E5 Meeting Date: JUNE 18, 1985 SUBJECT: LEASE OF 100 W. ROSEMARY STREET BUILDING DEPARMENT: caner mmaGaz PUBLIC HEARING: Yes X Nb ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: YES Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durahm 688-7331 - - PURPOSE: Tb consider renewal for a two-year period and based on revised terms. NEED: Currently the County leases 6,885 square feet in the building at $4.00 a foot for an annual budgeted cost of $27,540. Part of this amount is offset by revenue from subleases to Central Piedmont Job Training Council for a classroom (850 feet) and to the Association for Retarded Citizens for office space (433 feet). The Town is willing to extend the period for an additional two years providing the rate and amount of footage can be raised. Instead of the 6,885 foot area now on three floors it is pro- posed that 9,235 feet on all four floors be leased with rates assigned as follows: Sou. Ft. Rate Cost Basement (minus northeast corner) 2,359 $4.00 Ground Floor 2,900 $6.00 Mezzanine 1,085 $6.00 Second Floor - 12;900 $6.00 Total 9,244 $50,746 The County has need for the additional space. Construction activity to start in January for Rosemary square will likely require the district court to be moved from the Old Post Office. In order to keep the court function in Chapel Hill it appears best to reactivate space at 100 West Rosemary for this purpose. Holding cells are already available in the basement whereas the former council chamber could be renovated for a courtroom and space now occupied for other offices could house Clerk of Court personnel. 054 IMPACT: If the lease is approved, County cost in comparison to budget would be as follows: Annual proposed lease cost $50,746 JPTA rent income (850 sq ft) -2,550 Association of Retarded Citizens rent income thru Dec. (433 sq ft) -1,299 Renovation cost (carpet, painting, plumbing repair and other miscellaneous repairs) 3,000 $49,897 Amount proposed in 1985-86 Recommended Budget $46,000 Difference -3,897 RECOMMENDATION: Approve attached lease and add the $3,897 difference in cost to the mark-up list for modifications to the 1985-86 budget. IL, LEASE AEBEEMENT 5 This LEASE AGREEMENT, dated July 13, 1985, by and between the Town of Chapel Bill, 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 a. The Town leases to the County the following premises (the "Leased Premises") located within the Town's building at 100 W. Rosemary Street known as the Old Police Building, in their present condition and "as is," as follows: The first floor or ground floor, of the Old Police Building, con- taining 2,900 square feet more or less. The second floor containing 2,900 square feet, the mezzanine containing 1,085 and the basement containing 2,359 for a total of 9,244 square feet of space. 2. Rent a. The County agrees to pay to the Town as rent for the leased premises the annual sum of $50,746. The amount per square is calculated as follows: Basement area - $4.00 per sq. ft. First floor, mezzanine and second floor - $6.00 per sq. ft. b. Rent shall be paid by the County to the 'Down 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 Septmber 30, 1985 shall be prorated from July 13, 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 the date on which the County occupies such space, or commences renovation of such space, or begins cleaning such space, whichever occurs first. 3. Terns of Lease a. The term of this lease shall commence on July 13, 1985, and shall run for a period of two years thereafter (the "Initial Term"). b. The Initial Term maybe extended for two additional years upon agreement by the Town and the County reflected in a written amend- ment or addendum to this Lease Agreement duly and validly executed by the parties. The rent for such additional two-year term shall be as specified, in such amendment or addendum so extending the term hereof. The Initial Term shall not be extended by such two-year period unless either the Town or the County shall have requested the other in writing to negotiate such an extension at least six (6) months prior to the expiration of the Initial Term. 4. Parking. The County may, as a right and incident of this lease, use parking spaces marked off in the upper parking lot of the Old Police Obt Building. All spaces in the lower lot shall be reserved for use by the Town. 5. 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 2bwn reserves the exclusive right to authorize or approve repairs, renovation or alterations of the exterior of the Old Police Building. 6. Responsibilities of the County. In addition to the other covenants and, conditions of this Lease to be abserved by the County, and County shall have the following responsibilities with respect to the Lease Premises: a. The County shall be responsible for the proper security and safe- keeping 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 condition- , ing units it deems appropriate or advisable. d. The County shall perform all cleaning and painting of the interior of the Lease 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 Lease 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 reason- able 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 utili- ties costs for the former 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 year 1985-1986. 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. (3) The Town shall bill the County for Additional Rent due hereunder within 30 days after it receives accurate bills for all utili- ties for the applicable quarter. The Town shall provide such documentation supporting its calculation of Additional Rent as the County has received an accurate invoice for Additional Rent. O51r 7. Responsibilities of Town. The Town shall have the following responsi- bilities with respect to the Lease Premises: a. The Town will provide heat and electricity to the Leased Premises. The %Own shall pay for such utilities except as provided in Para- graphs 6.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 jani- torial service for the Lease Premises. 8. lremises 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 applicable statutes, ordinances, codes and other regulations respecting use and occupancy of the Lease 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. 9. Personal injury or property damage. The County assumes all responsii- bility, and shall be solely liable for any and all liability for personal injury, death or property damage with 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. The County shall indemnify the bold harmless the Town against any claim, cost, expense, liability, action or judgement arising out of or related to any such personal injury, death or property damage. 10. 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 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 purpose whatsoever. II. Cancellation. This Lease Agreement maybe cancelled upon 120 days prior written notice by either the Town or the County. 0 b-"C- " • 12. Notice. Any notice or written communication related to this tease P Agreement shall be deemed effective if mailed or delivered to: 1. For the Town, Town Manager 306 N. Columbia Street Chapel Hill, NC 27514 2. For the County, County Manager Orange County Courthouse Hillsborough, NC 27278 Adopted this the day of 1985. Town of Chapel Edll, Lessor Orange County, tegsee Attest: • Attest: Clerk • Clerk - Approved as to Form: • RENEWAL LEASE AGREEMENT This RENEWAL LEASE AGREEMENT, dated ,jr�/ !� , 1985, 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, t, 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 30, 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. 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. • (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 7.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 property damage with 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 purpose whatsoever. II - 12. Cancellation This Lease Agreement may be cancelled upon 120 days prior written notice by either the Town or the County. 13. Notice Any notice or written communication related 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 .07 This the day of , 1985. • IL-,,,ini; , ,., COUNTY OF ORANGE ••.., Chairman, Orange County Board of ,....,,, Commissioners 47J ,-.-.... ..... ATTEST ..''.',,..t .4'.. il 4 "<edA 12, ./ ..,41Ye, .. * ,.4.',. Clerk to the ange Coun,y 'V Board of ommissioners r11'. •4 THE TOWN OF CHAPEL HILL t• oel 11111 ..er 1,(.1seph 110: rNassif, Mayor -- - . -4. . -- ATTEST .:-. . . _ _.. ..._ - ••-- - - •- • • ... . - -- , .. lAilt-dAl--1%; / /./ Tow . Cler This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Officer il 41 ,i,rkiv_,JWIl - T. of Chapel Hill Finance Officer Kt. STATE OF NORTH CAROLINA COUNTY OF ORANGE This is to certify that on this day personally appeared before me Beverly Blythe, with whom I am personally acquainted, who being by me duly sworn says that Donald Whillhoit is the Chairman of the Board of Commissioners for the County of Orange and that she, Beverly Blythe, is the Clerk to the Board of Commissioners for the County of Orange, a body politic and corporate, described in and which executed the foregoing Lease; that she knows the common seal of said County of Orange; that the seal affixed to said instrument is said common seal ; that the name of the County of Orange was subscribed thereto by the said Chairman of the Board of Commissioners for the County of Orange and that the said Chairman of the Board of Commissioners for the County of Orange and said Clerk to the Board of Commissioners for the County of Orange subscribed their names thereto and said common seal was affixed, all by and that said instrument is the act and deed of said County of Orange. WITNESS 0. -nd and notarial seat , this the .118 day of •1985. • • . • _aim . • • NOTARY Notary r My iB PULIC Or". • ssion '2 es: STATE OF NORTH CAROLINA COUNTY OF ORANGE This is to certify that, on this day personally appeared before me Nancy J. Wells, with whom I am personally acquainted, who being by me duly sworn days that Joseph L. Nassif is the Mayor of the Town of Chapel Hill and that she, Nancy J. Wells, is the Town Clerk, a body politic and corporate, described in and which executed the foregoing Lease; that she knows the common seal of said Town of Chapel Hill; that the seal affixed to said instrument is said common seal; that the name of the Town of Chapel Hill was subscribed thereto by the said Mayor of the Town of Chapel Hill and that the said Mayor of the Town of Chapel Hill and said Town Clerk subscribed their names thereto and said common seal was affixed, all by and that said instrument is the act and deed of said Town of Chapel Hill. . . . .. ... _WATNE-5,.5- my hand and notarial seal , this the tga.... day of , • . • - • Notary Public • MY -,Comsa*ion Expires: vaci . • • i . BOARD OF COMMISSIONERS ACTION AGENDA i . , • ACTION AGENDA ITEM ABSTRACT ITEM NO.EG • MEETING DATE June 18, 1985 . 05E. c • SUBJECT:Lease Agreements for Cedar Grove Multipurpose Center • r, • • . 1 DEPARTENT:Purchasing & Central Services PUBLIC HEARING: YES x O ,., , . , ATTACHMENT(S) :Lease renewal agreements INFORMATION CONTACT: Rob Aa delson -. • ext. 498 PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 ' . - MEBANE ;,-• 227-2031 - DURHAM - 688-7331 - . PURPOSE: For the Board to consider renewing leases with Wake Opportunities, Inc. and ti - The Joint Orange-Chatham Community Action Agency, Inc. for use of space at the Cedar Grove Multipurpose Center. . .. 4 i. • • , . • - . ' NEED: The leases with Wake Opportunities and JOCCA expire on June 30, 1985 and need to be renewed. - . • . • ... .. • • • . • . . . IMPACT: All conditions of bbth:oxiiSting- leases:*ilI'reiain the same. The leases will run from July 1, 1985 until June 30, 1986. - ' • Signed copies of the lease remewal agreements have been received from Wake Oppor- tunities and JOCCA,- " • . . _ . . RECOMMENDATION(S):Approve the lease renewal agreements and authorize the Chair to sign. • . LEASE AGREEMENT _ 1 RENEWAL ntat911S1.211- 2.1-44-11.9.5-221ffEL. WHEREAS , A lease agreement was made and entered into as of the. 29th day 'of August , 1983 by and between Orange County, LIRRRE and Joint Orange-Chatham Community Action, Inc. , TENANT, for space to be used as a Community Center at the Cedar Grove MultIpurpose Center, Cedar Grovelo North Carolina. . WUEREAS, The LESSOR and the TENANT renewed the lease agreement as amended for a period of one year commencing on July 1 , 1984 and ending at 12: 00 midnight on the day of June 30, 1985 . t , WHEREAS, The LESSOR and the TENANT wish to renew the lease agre'e- ---......— ......--- ...------ ment as amended. Pi TIKIREnE, Esisos and IENA11 mutually agree to the following: ' (1) The leseagreement will be continued for a period of one year. commencing on July 1 , 1985 and ending at 12:00 midnight on the day of June 30, 1986. (2) All other terms and conditions will remain the same . This agreed to, the . JAL day of4L41______ 1985 . LESSORi Oral.l.ge County BY V i / / ....... _ .. -`,... Don Willhoii Chairman, Orange County Board of Commissioners ATTEST: Ar, ,.... .... 4! A.C./....4....., TENANT: 'ea, j__. / /_ '4 JlOrt Orange-lhatham Community Action, Inc. 06C • 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 Joint Orange-Chatham Community Action, Inc. , TENANT, for space to be used as a Community Center at the Cedar Grove Multipurpose Center, Cedar Grovel', North Carolina. WHEREAS, The LESSOR and the TENANT renewed the lease agreement as amended for a period of one year commencing on July 1 , 1984 and ending at 12: 00 midnight on the day of June 30, 1985. WHEREAS, The LESSOR and the TENANT wish to renew the lease agree- ment as amended. 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, 1985 and ending at 12:00 midnight on the day of June 30, 1986. (2) All other terms and conditions will remain the same. This agreed to, the JAL day of 1985. LESSOR: Orange County BY: Don Willhoit Chairman, Orange County Board of Commissioners ATTEST: • /e/6) TENANT: Atag'i_l 4 itirt Orange-fhatham Community Action, Inc. 061 MANGE COUNTY BOARD CF COMMISSIONERS Action Agenda rr7 ACTION AGEMA IT ABSTRACT Item NO.1.-- / Meeting Date: JUNE 18, 1985 SUBJECT: LEASE AGREEMENI--CCMMUNITN SCHOOL FOR CHIIDREN UNDER SIX DEPARDIENT: COUNTY MANAGER PUBLIC REARM: Yes X NO ATTACHMENP(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 TEL NUMBER: YES Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: lb consider renewing a lease agreement with the Community School for People Under Six (CSPU6). Space is provided in the Northside Multipurpose Center. NEED: The lease with CSPU6 expired September 30, 1984, however, the lease was not renewed because utility charges were in arrears $3,749.47. Currently, the overdue amount is $1,949.47. The school administrator and County staff have established a monthly payment amount of $400.00 ($325.00 for utility charges and $75.00 for debt repayment). Cbviously, CSPU6 has experienced administrative problems in the past. Department of Social Services--Daycare Division oversight and consultation has improved the schools administrative and financial procedures. The school has made remarkable progress since September, 1984. IMPACT: Lease renewal will permit CSPU6 to continue daycare operation in the same facility until June 30, 1986. RECCMENUATION: Approve the lease renewal agreement and authorize the Chair to sign. .41 0 LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE CCUNTY 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 Nbrthside Multipurpose Center, Chapel Hill, N.C. WHEREAS, The LESSOR, and the TENANT wish to renew the lease agreement as amended. NOG 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, 1985 and ending at 12:00 midnight on the day of June 30, 1986. (2) The Lessor's monthly utility charge shall be four hundred dollars ($400.00). The amount shall be distributed as follows: Three hundred twenty-five dollars ($325.00) for actual utility cost and seventy-five dollars ($75.00) for repayment of existing overdue bills. (3) All other terms and conditions will remain the same. This agreed to, the day of 1984. LESSOR: Orange County BY: Don Willhoit Chairman, Orange County Board of Commissioners AMEST: TENAM: The Community School for People Under Six )■'` • • 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 be used as a Day Care • Center at the Cedar Grove Multipurpose , N. C. HWY 86 N. WHEREAS, The-:LESSOR and the TENANT renewed the lease agreement as amended for a period of one year commencing on Julyl , 1984 and ending at 12: 00 midnight on the day of June 30, 1985 . 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, 1985 and ending at 12: 00 midnight on the day of June 30, 1986. (2) All other terms and conditions will remain the same. This agreed to, the If day of , • -- 1985. LESSOR: Orange County „ BY 4, iiki."4/ ircs.ror;vill has IlfcattLyi in ;!,--.! Don Willhoit r:1,Yred .1v 63 Chairman, Orange County Board Bu of Commission-rs •ilpt•ATTEST: ' ‘ - , TENANT: AA/ aleet.--- Wake Oppo gtun' ties , Inc. • • • • • ORAN(A. COUNTY BOARD OF COMMISSIONERS . ACTION AGENDA • ACTION AGENDA ITEM ABSTRACT ITEM NO.Eg MEETING DATE June 18, 1985 SUBJECT: CLERICAL-OFFICE MANAGEMENT STANDARDS ()CCI DEPARTMENT: PERSONNEL j . PUBLIC HEARING: YES ç NO ATTACHMENT(S) : INFORMATION. CONTACT: B.M.WHITEHEAD NO PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9351 CHAPEL HILL - '967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: TO CONSIDER IMPLEMENTATION OF THE CLERICAL-OFFICE MANAGEMENT STANDARDS STUDY EFFECTIVE uuLY-1, 1985. IN ACTION TAKEN OCTOBER 1, 1984 THE BOARD CHARGED THAT A STUDY BE MADE As TO THE APPLICABILITY OF THE STANDARDS BEYOND THE HEALTH AND SOCIAL SERVICE DEPARTMENTS WHERE THEY ARE NOW IN PLACE. PURPOSE, METHOD OF DETERMINATION, AND IMPLEMENTATION COST CAN NOW BE REPORTED. NEED: THE CLERICAL-OFFICE MANAGEMENT STANDARDS ARE DESIGNED TO SERVE THE NEEDS OF MANAGEMENT IN IDENTIFYING, STRUCTURING,' CLASSIFYING, AND MANAGING POSITIONS PERFORMING CLERICAL WORK. THE LEVEL OF A POSITION IN THIS GROUPIS DETERMINED BY AN ANALYSIS OF THE CHARACTERISTICS WHICH DISTINGUISH ONE LEVEL FROM ANOTHER. • THESE CHARACTERISTICS INCLUDE THE KNOWLEDGES REQUIRED TO PERFORM THE WORK, THE USE OF JUDGEMENT AND DISCRETION IN SELECTING A COURSE OF ACTION, AND THE NATURE tAT AND VOLUME OF GUIDELINES USED IN THE WORK. THE CCM STANDARD WAS DEVELOPED BY THE STATE AND IS CURRENTLY USED IN THE DEPARTMENTS OF SOCIAL SERVICES AND PUBLIC HEALTH. IMPLEMENTATION OF THE STUDY WILL ASSURE EQUITY BETWEEN ALL CLERICAL POSITIONS. , IMPACT: IMPLEMENTATION OF THE COM STANDARDS WILL REQUIRE RECLASSIFICATION OF 16 CLERICAL POSITIONS IN THE DEPARTMENTS OF PURCHASING, TAX SUPERVISOR, HOUSING & COMMUNITY DEVELOPMENT, ELECTIONS AND SHERIFF. THIS ACTION WILL IMPACT THE FY 85-86 'BUDGET AT A COST OF $ 14,538. RECOMMENDATION(S): ImpTEmENT THE CLERICAL-OFFICE MANAGEMENT STANDARDS EFFECTIVE JULY 1, 1985. , % . • V I - 'fp / ORANGE COUNTY 0 6 di BOARD OF COMMISSIONERS ,x 1 ACTION AGENDA ITEM ABSTRACT Meeting Date JUNE 18. 1985 1,. Action A iv 1 d a Item 4 SUBJECT: PLANNING SERVICES FOR TOWN OF HILLSBOROUGH : . DEPARTMENT: PLANNING - PUBLIC HEARING Yes _21.... No :,. • , .:.,. . Attachment(s) COUNTY MANAGER MEMO OF- Information Contact: MANAGER'S ■.. Tiii; COUNTY MANAGER LETTER TO ..0iTICE, X501 MAYOR SHEFFIELD OF MAY 23, 1985; PLANNING DIRECTOR MEMO OF MAY 22, 1985; PLANNING Telephone Numbers DIRECTOR MEMO OF MAY 31, 1985. Billsborough - 732-8181 • Durham - 688-7331 • Mebane - 227-2031 1., Chapel Bill - 968-4501 .-. :", • PURPOSE: To consider a proposal to provide part-time planning services to the Town of Hillsborough. ' .. . . NEED: The Town of Hillsborough has employed an individual.nart-time for the __ 1 purpose of providing planning assistance. The present employee recently submitted her resignation and the Town Board began deliberations whether to hire a part-time staff person or continue its present arrangement of a part-time position. A Town Board member suggested that Orange County be contacted to determine if planning assistance could be provided through the Planning Department. Upon authorization, and after discussion between the Manager and Vice Chair, the Planning Director presented a proposal to The Hillsborough Town Board on May 22, 1985. The proposal involved the hiring of a Planner I for the Planning Department and providing planning assistance to Hillsborough for a period not to exceed 21.5 hours per week. Funding for the position would be provided by the Town ($12,500) and the County ($11,000). ' . . The Town Board took the proposal under advisement and on May 29, 1985 voted I unanimously to enter into an agreement with. the County for such services if the Board of Commissioners would likewise give its approval. The major points of the proposal including advantages and time requirements are outlined in the attached correspondence from the Planning Director. Such an agreement would be on a one year basis with the option to renew. For the arrangement to be effective time sheets would be maintained to confine work for the Town to the hours contracted. IMPACT: Approval of the proposal would provide for better planning and zoning coordination between the County and the Town of Hillsborough. The County's share ($11,000) has been recommended as part of the Planning Department 's 1985-86 budget. If the Board feels that potential disadvantages would outweigh advantages,' the half time salary would be utilized for part-time planning interns. 06E RECOMMENDATION(S) : As the Board decides. If approved an interlocal agreement would be developed per General Statute (Article 20, Part 1, 160A-460 and 464) to specify purpose; duration; manner of appointment method of financing (inaluding apportionment of costs and revenues), method of termination and any other necessary or proper matter. • • • ORANGE COUNTY • INTEROFFICE MEMORANDUM 0 TO: Board Neuters FROM: County Manager SUBJECT: Planning Services for Town of Hillsborough DATE: June 4, 1985 The Town of Hillsborough has employed an individual 25 hours per week for the purpose of providing planning assis- tance, issuing various permits and serving advisory boards • and commissions. The present employee recently submitted her resignation and the Town Board began deliberations, as part • of its budget process, whether to hire a full-tine staff person or continue with its present part-tine position. A Board member suggested that Orange County be contacted to , determine if planning assistance could be provided through the Planning Department. In response to a request-for-proposal from the County I authorized the Planning Director, after discussion with the Vice Chair (in the Chairman's absence) to secure a list of the Town's requirements and thereafter to make a proposal as to how it generally might be worked out. The reason for my interest was the opportunity it afforded to the County of securing improved planning and,zoning coordination with the %Own. The Planning Director presented information at a Town budget work session on May 22, 1985. The proposal involved hiring a Planner I for the Planning Department and providing planning assistance to Hillsborough for a period not to • exceed 21.5 hours per week. Funding for the position would be provided by the Town ($12,500) and the County ($11,000). The Town Board took the proposal under advisement and on May 29, 1985, voted unanimously to enter into an agreement with the County for such services if the Board of Commissioners would likewise give its approval. The major points of the proposal including advantages and tine require- ments are outlined in the attached correspondence from the Planning Director. Such an agreement would be on a one-year basis with the option to renew. For the arrangement to be effective tine sheets would be maintained to confine work on Town business to the hours contracted—whether accumulated by the staff person In our office or the Town's. The Board of Commissioners should consider the proposal as part of its budget deliberations, since the County's share of the position has been recommended as part of the Planning INTEROPPICE MF JRANDUM: 8506-501 Planning Services for Town of Hillsborough June 4, 1985 Page 2 • Department's 1985-86 budget. If the view of the Board is that potential disadvantages might outweigh advantages to the County, I would seek to use the half-time salary for par C t ime interns. • • • Kenneth Iticmsron RItf/srs • • • • • 3 . - „t ORANGE COUNTY 0 6 ri .- IIILLSOOROUGH ? NORTH CAROLINA A fanaget•. e....yfi.e., . eaart--.GI 1752 .,.. .. . . - . 1 , May 23, 1985' t . - . . .3 . 't ',- , . . . Mayor Frank Sheffield ,7--, Town, of Hillsborough . . . . . 4 106 East Orange Street . Hillsborough, North Carolina 27278 , . ' Dear Mayor -Sheffield: • The Orange County Planning Director has evaluated the proposal of providing direct planning services to the Town of Hillsborough. His comments are attached. ' If such an arrangement is satisfactory to the Townsend the County Board of Commissioners, I would put together a contractural agreement to contain the funding committments identified as well as additional . conditions cited in the Planning Director's memorandum concerning clerical services, evaluation and replacement of personnel, etc. Once prepared, the agreement, too, would be subject to Town Board and Board of Commissioners approval. Should you have questions regarding this proposal, feel free to contact me at your convenience. Sincerely, Kenneth R. Thompson . County Manager . KRT/srs cc: Chair Planning Director . Attachment • - 06,i: ORANGE COUNTY PLANNING DEPARTMENT ITILLSBOROUGH NORTH CAROLINA 27278 doom ctz. -N46 4* WO MEMORANDUM TO: COUNTY MANAGER FROM: PLANNING DIRECTOR SUBJECT: PROVISION OF PLANNING SERVICES TO HILLSBOROUGH DATE: MAY 22, 1985 Following our discussion of May 21r I compiled information regarding the costs/benefits of planning services to the Town of Hillsborough. Options Two possibilities are being considered by the Town. These include: 1. Employment of a full or part-time planner. 2. Contracture' agreement with Orange County for the provision of planning services. - One advantage of Option #1 is that the employee would work for the Town and would be under the direct supervision of other Town employees. An "on-premise" employee is also advantageous in that he/she would be available to the public and the administration at all times. An employee of the Town might also develop greater familiarity of/closer ties with the community. Advantages of Option #2 include the lower cost of providing planning services; greater access to reference materials data processingr and mapping resources; and more interaction with professional planners for problem resolution. -2 07( Time Requirements A list of activities conducted by the current Hillsborough planner in the past six, months has been provided by the Town. (see attached) , Listed below are estimates of the amount of time required to perform these duties. Estimates are based on the i performance of similar duties by County staff members. i TIME REQUIREMENTS FOR HILLSBOROUGH PLANNING SERVICES (6-MONTH PERIOD) NUMBER OF TIME REQUIRED- TOTALTIME REQUIRED- " ACTIVITy OCCURENCE$ PER ACTKVITY ALL ACTIVITY 1 1. Issue Certificate of 28 4.0 Hours 112.0 Hours Appropriateness 2. Issue zoning permits 68 0.5 Hours 34.0 Hours 3. Process Variance requests 10 4.0 Hours 40.0 Hours 4. Process conditional 5 6.0 Hours 30.0 Hours use permits 5. Technical assistance 900 0.33 Hours 300.0 Hours requests 6. Legal inquiries of 72 . 0.5 Hours 36.0 Hours Institute of Gov't. 7. Housing code 7 4.0 Hours 28.0 Hours enforcement 8. Zoning violations 20 3.5 Hours 70.0 Hours TOTAL TIME REQUIRED 650.0 HOURS The time estimate of 650 hours is equivalent to 25 hours per week, the amount of time required by the Town of Hillsborough. (iii 3 Cost Estimates To perform the services identified above, it is recommended that a Planner I be provided for 21.5 average hours per week. The annual salary, including fringe benefits, for such a position is $23,500. Funding would come from (a) accepting a $10,000 contribution from Hillsborough, (b) receipt of all fees from the Town associated with permits, applications, etc. (Such revenues from fees are estimated at $2,500, bringing total revenues to $12,500 from the Town) , and (c) asking the Board, of Commissioners to fund the difference for hours the new staff person would work for the County while not on the 21.5 hours of Town work. If an agreement were entered into with Hillsborough, the • following provisions might be considered for inclusion: 1. Time sheets would be prepared daily for activities performed • for the Town. 2. The planner would be provided a work area within Town Hall and would be on duty for specific hours as established by the Town and County. Additional time may be spent performing- assigned duties provided an average of 21.5 hours per week is not exceeded. 3. All work performed by the planner would be on an assignment basis. If the Town were to become dissatisfied with the quantity and/or quality of work performed, the Planning Director would have the opportunity of providing another planner of equivalent level. If the Town objects to such replacement, the matter would be resolved between the Planning Director and the representative of the Town. 4.- Periodic assessments of the planner and services performed would be made by the Mayor (or Town Manager) and the Planning Director (At least every 6 months) . 5. The Town will provide sufficient funding to cover travel, legal and advertising expenses of $2,000, as in the past. 6. The Town would provide clerical support for the planner and be responsible for notification of property owners as related to conditional use permits, variances, etc. 7. All fees collected from zoning permits and applications for variances, conditional uses, etc. (02,500) would be provided to Orange County in addition to an annual appropriation of $10,000 from the Town of Hillsborough, both of which would be applied to the cost of providing planning services to the Town. The annual appropriation would be increased each year by an amount which is reflective of 074 4 cost-of-living increases approved by the Board of Commissioners for County staff. I believe that with the above conditions, services could be provided for the Town. Mention has been made from time-to-time of joint planning efforts with Hillsborough. The provision of direct • planning services to the Town might be considered an important first step in such efforts. 144aagd-P•60140 Marvin Collins Planning Director O7e, MEMORANDUM TO: COUNTY MANAGER FROM: PLANNING DIRECTOR DATE: MAY 31, 1985 SUBJECT: PLANNING SERVICES FOR TOWN OF HILLSBOROUGH At it's May 29, 1985 meeting, the Hillsborough Town Board voted unanimously to authorize entering into an agreement with Orange County for the provision of planning services. Basic points contained in the agreement should be as follows: , 1. The Town of Hillsborough will provide funding in the amount of $12,500. This will be matched with $11,000 in County funds to provide an estimated $23,500 needed for salary and fringe benefits for a Planner I position. The annual appropriation by the Town will be increased each year by an amount which is reflective of cost-of-living increases approved by the Board of Commissioners for County staff. 2. A Planner I position should be provided as a minimum in that a college degree in planning,or related subject plus some (1-2 years) experience is required. The Town of Hillsborough indicated a preference for this type of educational/experience background. • 3. The Town of Hillsborough will provide additional funding as follows in it's budget: Attorney Fees $1,000 Telephone/Postage • 600 Advertising 700 Travel 300 Supplies 1,000. Computer Terminal 500 4. The Planner I will work for the Town an average of 21.5 hours per week. Current working hours for the Town's planner are 8:45 am - 12:45 pm. The remaining time (18.5 hours) will be spent working for Orange County. Work will performed on an assignment basis, and time sheets will be prepared daily for activities performed for the Town. The Planner I may work more than 21.5 hours per week for the Town, provided a schedule of work is prepared and agreed to by both the Orange County Planning Director and the Town's Administrative Officer. In no • event, however, shall the average hours per week exceed 21.5 during the budget year. t'A qfr ' . 0'7 4 5. The Planner I will be provided a specific work area within Town Hall and would be on duty for specific hours as established by the Town and the County. The total average time per week shall not exceed that specified in #4 above. 6. If the Town becomes dissatisfied with the quantity and/or quality of work performed, the Planning Director r shall have the opp-.:..tunity of providing another planner of equivalent education/experience. If the Town objects t, to such replacement, the matter shall be resolved between the Planning Director and a representative of the. Town. 4(, . 7. Periodic assessments of the Planner and the services performed shall be made by the Mayor (or Town Manager) and the Planning Director every six (6) months. 8. The Town shall provide clerical support for the ) Planner I when working in Town offices and shall be responsible for notification of property owners as related to conditional use permits, variances, etc. t 9. All fees collected from zoning permits and applications for conditional use permits, variances, etc. ' Shall be retained .by the Town. . 10. The County shall advertise for the position in accordance with County personnel policies. All . applications received by the Town of Hillsborough shall be considered along with those received by the. County. (The Town has supplied all applications received to date 1 - 25 total) . The responsibility for selection of an individual to fill the position of Planner I shall be that of the Planning Director. The County Manager shall review the applications of those candidates interviewed as well as the selected candidate and grant approval of same. • The above stipulations include those discussed at Hillsborough Town Board meetings as well as those included in the proposal presented to the Town. Arrangements have been made for the Planning Interns to provide service to the Town until .such time as a person has been hired to fill the Planner I position. . The Town has agreed to reimburse the County on a hourly basis . ($6.96) for the intern assistance. The period of assistance would be approximately 3-4 weeks. I have enclosed all information concerning this matter, including a cost comparison prepared by the Town. I need to know if it would be permissable to advertise for the position prior to the Board of Commissioners approving the budget. This would reduce the amount of time needed to use the interns. Otherwise, the period of interim assistance may last until the end of July (6-7 weeks) . If advertising is permitted, it is suggested that notification be given to all applicants to date so that the safie individuals will not apply again. • I also need to know at what point a letter of agreement needs to be drawn up and signed by both parties. The Town . • 0 7 indicated that formal approval of the letter did not seem necessary in light of the fact that they had voted to endorse and fund the proposal. 40.1,04k1(4PPIA02) Marvin Collins Planning Director CC: Personnel Director . • IV/ 160 07t PLANNEa L \re GKNERAL STATEMRNT OF DUTIES: Performe rdm4nistrative and technical work in enforcing the County zoning ordinance. . DISTriNKNiSS.INr: FFATURES OF THF CLkSS. An employee in this class reviews plans for site development and inepecte building sites to discover and prevent violation of the zoning ordinance, the subdivision regulations, and the flood hazard ordinance. Work includes preparing minutes of meetings of the board of • adjustment. Tact and courtesy are -essential in frequent contact with the public. Work is evaluated ih discussions, by observation, and by review of records and reports. • ILLUSTRATIVE EXAMPLES OF WOM Reviews applications,for approval of major subdivisions; informs applicants on review procedures; presents proposals to planning staff for review and • recommendations; sees that recommendations are complied with. Prepares minutes of meetings of the board of adjustment; prepares agendas and materials needed by the board in considering proposals and problems. Revievs plans for site development for compliance with zoning and-subdivision regulations; issues permits; inspects building sites during construction and • upon completion for conf ormaace with regulations. Investigates reports of violations of the subdivision regulations and zoning ordinances; sees that situation -are corrected. Informs developers, contractors, and the public about zoning and subdivision regulations. Prepares legal notices of zoning hearings for publication; post notices of proposed zoning changes and of hearings on affected property. Maintains records of actions taken. Revie,./e applications for permits and variances; helps in development of - recommendations on rezoning requests and proposed subdivisions. Performs related duties as needed. • KNOWLEDG17 SKILLS AND ABILITIES: • Thorough knowledge of the County zoning and subdivision ordinances. Considerable knowledge of the objectives of zoning and other methods- of land - use regulation. Considerable knouledge of topographical features, industrial, commercial, • • residential, and farming areas, and the road system in the county. Ability to express ideas effectively orally and in writing. • Ability to deal firmly, tactfully, and courteously with the public. Ability to detect failure to follou approved siting plans and specificattons. Ability to maintain effective working relationships with other employees. • pcsipAnLE TRUNING ANO EXUERTENCL: Graduation from college with a degree in planning or a related subject and some experience in enforcement of land development regulations. 4.1 - . . .. - • t ....... Moton of 3I itt..55btrougli . Town Clerk Al I rani: II.Sher(rad.Jr. Agatha Julmstm ,,,,, HILLSBOROUGH, NORTH CAROLINA 27278 onh-dishincrs • Sum_Water Works Lynm.w.1 J.Brown . . C.1-..Itimmund Ituface!I.Johmon • I • , Street Supt. _ ,,,,i Allot A.Lit”.(1 • • t...D.M.:winter ,t,.• , ..,,, Remus J.Smith / Chief pj Adler. Rachel U.Stevens * W Arnold W.Ilambat • :'1 . 44INCIO-0 . 4,1-• • . :.• , . • . PLANNING AND ZONING OFFICER . `;-;' ' • - 4 . ,,,,,i • • 1985-86 BUDGET ORANGE mum 4, (as amended) PROPOSAL .4: 0 Salary (25 hours) $ 8,450 - (21.5 hrs.) $12,500 A . . . Fica 596 — . A 000 , 1 Attorney Fees - 1 2 1,000 . - '-?c. Professional Services 300 --_ 4 .. Telephone and Postage 600 - 600 Advertising 950 . 700 .-T1 . , . . Training/Travel 500 (Travel) 300 ,', Supplies 1,500 2 1,000 Miscellaneous 35() . -- S , Computer Terminal 500 500 ' - , $14,746 $16,600 ,,:, • . . .., , • . 1984-85 Budget - $17,209 , • . . . - • • ', • . • • ,.: , . , • - . . Mayor u of itto nro c; � Town Clerk Frank H. Sheffield, Jr. Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 Commissioners Supt. Water Works James Pendergraph Lynwood J. Brown Horace H. Johnson Street Supt. Allen A. I lo.J `' L. U. Wagoner Remus J. Smith kx '• - Chief of Police K.,fiet H. Stesen. • T«. ' Arnold W. Hamlett • = '� Fire Chief `�*rlr 6/ Sohn•Forrest • • a n-! G ' • In the past six months: . rah' •• 28 Certificates of Appropriateness have been issued. 68 Zoning Permits have been issued. 10 variance requests were granted. • Four Conditional Use Permits were issued. • One Conditional Use Permit was denied. Le.;al questions from the Boards were referred to Dalton Loftin and Institute of Government. - Approximately, 20 violations have been worked on by letters, discussions with property owners. Of these only two are outstanding or unresolved. Seven buildings or houses have been enforced through the unsafe buildings code and the minimum housing code. • Questions regarding residential, commercial and industrial development have been answered. The procedures for getting a conditional use permit, rezoning, and certificate of appropriateness have been given out many times, because even with a form, people want to have the procedures explained. " Conditional use permits have to be prepared to have them recorded at the Register of Deeds. • • • • � ,.,�.x.Prs .,.5.-.sh-=t _hx..�+...�...e.ta'a_�':.�.as�.;4�r.:'-,,+:.*R�.� z,.,»a`c �,'�S �'-�`r_�Y r=rr,.t's'"k�T'-�..p � � � a�r� «x'�''* x s ra f �`-f' ?�. � �•°' e �3', c • •a • r SKMI ED Lai NOW"10 • • w 7n I OFFICIAL COPY MINUTES APPROVED 9/10/85 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JUNE 18, 1985 The Orange County Board of Commissioners met in regular session on June 18, 1985, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. ,QMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTQ,RNE3, PRESENT,; Geoffrey Gledhill. 21TAFF fRESBNT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Director of Finance Gordon Baker, Director of Planning Marvin Collins, Tax Supervisor Johnny Horner, Planner Susan Smith, Director of Health Jerry Robinson, Director of Personnel Beverly Whitehead, Director of Economic Development Sylvia Price, Supervisor of Elections Bobbie Strickland, Sherriff Lindy Pendergrass and Clerk to the Board - Beverly A. Blythe. A. BOARD COMMENTS None. B. AUD;FNCE COMMENT Those present to speak on the Massage Parlor Ordinance will be recognized at the appropriate time. Dr. Jean Chapman spoke in support of the budget for Day Care. She noted that a large number of children are funded through DSS for day care. She asked for full nonmatohing money from the County for day care. There are 200+ child- ren who are pre-schoolers on the waiting list for which there are no funds available. There are openings in day care centers but no funds. C. APPOINTMENTS =MIMIC 4IC DEVELOPMENT COMMISSION Motion was made by Commissioner Marshall, seconded by Commissioner Carey to reappoint Norman Weatherly to the Economic Development Commission. VOTE; UNANIMOUS. JURY COMMISSION Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Lee Culpepper to the Jury Commission. VOTE: UNANIMOUS. AAA BOARD OF DTR Tnfa Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Edward Mann to the OWASA Board of Directors. VOTE: UNANIMOUS. ORANGE COUNTY BOARD OF HEALTH Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Dr. David L. Kroninger to the Board of Health. VOTE: UNANIMOUS. DOMICILIARY HOME ADVISORY COMMITTEE Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Larry Carter to the Domiciliary Home Advisory Committee. VOTE; UNANIMOUS. ORANGE COUNTY _SENIOR CITIZENS BOARD_ Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to reappoint Annie Fuller to the Orange County Senior Citizens Board. VOTE: UNANIMOUS. p, 1'pELIC BEARINGS - .. SE NJ' T UT ON_• N: ICI 'II, ' N 1 N. It ' (A copy of the resolution is in the permanent agenda file in the office of the Clerk to the Board) -1 2 Planner Susan Smith presented for public comment the Preliminary Assessment Resolution which was approved by the Board on June 3, 1985. NO COMMENTS WERE RECEIVED AND THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Walker, seconded by Commissioner Carey to (1) adopt the Final Assessment Resolution for Pineview Road/Pineview Drive (SR 2042/2043), (2) accept the Certificate of Mailing offered by the Clerk to the Board, and (3) schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. The confirmation time was 7:40 p.m. VOTE: UNANIMOUS. 2 PRELIMINARY ASSES4M NT RESOT UTIOJ. f 1�_E mARB Log ROAD Planner Susan Smith presented for public comment the Preliminary Assessment Resolution approved by the Board on June 3, 1985. NO COMMENTS WERE RECEIVED AND THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to (1) adopt the Final Assessment Resolution for Clearwater Lake Road, (2) accept the Certificate of Mailing offered by the Clerk to the Board, and (3) schedule the public hearing on the Preliminary Assessment Roll for July 1, 1985. The confirmation time was 7:52 p.m. VOTE: UNANIMOUS. E. ITFMS FOR DECISION NOTE: ACTION ON ITEMS El and E2 WAS TAKEN ABOVE. 3. MASSAGE PARLOR ORDINANCE Sheriff Pendergrass stated that on February 9, 1985 he asked the Board to consider the adoption of an ordinance for Massage Parlors for Orange County. The purpose of this request was to assist law enforcement in Orange County in curtailing the reported illegal activities (prostitution and .controlled substance) that occur in the two existing massage parlors. He asked that discussion and comments be received on the adoption of the proposed ordinance. ' Chair Willhoit suggested a public hearing be held on the proposed ordinance. Before the public hearing, the ordinance will be circulated to those interested for their comments. Rick Rosen, Bodyworks Clinic in Chapel Hill, stated he had been working with the City of Chapel Hill in the writing of a Massage Ordinance and realizes it is an enforcement problem as well as a regulation problem for the professional practice of the health care medallion that a good many people find of great value. He outlined the ways in which the clinic is servicing the people of the community and how the work is being used. A model ordinance has been drafted which addresses and regulates the activities that go on in "Massage Parlors", but also regulates the professional activity of massage therapy consistent with other health therapists in the State. He asked that the Board consider the ordinance that is on hold in Chapel Hill and consider a new approach that would: (1) eliminate "massage parlors", (2) provide a positive regulation, and (3) prevent future emergence of other criminal activities under the guile of massage. He indicated his willingness to work out an acceptable solution. Dr. Gary P. Kliebenstein, chiropractor, spoke in support of the massage therapists and stated that most therapists are qualified health profes- sionals who have a place in the health care services in Chapel Hill. Chair Willhoit noted that if the County adopted the Ordinance it would not apply to any of the municipalities. Allen Stutts, massage therapist in Chapel Hill, indicated it is a crime to regulate people who are professionals by requiring fingerprints and mug shots. He asked that the County meet with the massage therapists to work on an ordinance which will meet both the needs of the County and the needs of the massage therapists. He favors something that would help the Community in their effort. Ellen Mitchell, practitioner of massage therapy in her home, be- lieves in the value of a caring touch and indicated that if the Ordinance is 1 � • 3 adopted as is, it will set back the practice of massage therapy in this area It would be humiliating to comply with the Ordinance. She asked that the Board consider the ordinance written by the North Carolina Association of Body Therapy. Wynn Barnhart, staff member at the Wholistie Health Center, told about the massage training program in Chapel Hill which is the largest and one of two in the State. Massage is a therapeutic health care medallion. Scott Hensley, student of massage, would like Orange County and Chapel Hill to adopt the ordinance in tandem for maximum enforcement. He noted it important to distinguish between legal and illegal massage therapists and encouraged the Board to reconsider the Ordinance and not put everyone in with the prostitutes. It is degrading and does not serve any purpose in the community. He asked that the Board develop professional standards for massage .therapy. Teresa Jeanne Leonarz noted that everything the "massage parlors" are doing is already illegal and there are legal means for these people to be brought before the law and stopped. She emphasized there are creative ways to get rid of the massage parlors without an ordinance that would require finger prints, mug shots, etc. The problem has been exaggerated and does not really involve that many people. It is not the governments place to decide who is qualified to give a good massage; it is the customer who will decide that She stated she feels a massage ordinance is not necessary. Chair Don Wilihoit referred the proposed Massage Ordinance to the staff for further consideration and a forthcoming recommendation. Commissioner Carey asked Rick Rosen about the training and educa- tional requirements of the American Massage Therapist and Rosen indicated he would provide that information to him. 4 UNCOLLECTIBLE PERSONAL PROPERTY TAXES Johnny T. Horner requested approval to remove from the Tax Col- lectors Levy Personal Property accounts that have not been active since 1980. This will enable the County Finance Office and the Auditors to determine the accounts that are active and collectible and remove these accounts from the Tax Collectors Insolvent list and enable the tax collectors' office to address those that are collectible. Motion was made by Commissioner Carey, seconded by Commissioner Walker to authorize the Tax Collector to remove persons on the insolvent list whose bills are 5 or more years past due and are deemed uneollectible under the current year charge of taxes owed. VOTE: UNANIMOUS. ' LEASE AGREEMENT-BUILPI,NG LOCATED AT 100 Yr.- ROSEMARY.' .STREET Bill Laws, Assistant County Manager, presented for consideration a lease renewal for a two-year period with revised terms. The County currently leases a 6,885 square foot area on three floors. It is proposed that the County increase that area to 9,235 square feet on four floors. He indicated that the construction activity for Rosemary Square will necessitate district court to be moved from the old Post Office. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the lease for the building located at 100 W. Rosemary Street for $49,897 and add $3,897 difference in what has been budgeted and the cost to the mark-up list for modifications to the 1985-86 budget. The idea that the use of the building is incompatible with the Interfaith Council's use of the basement cells for a shelter was not approved. Chair Wilihoit questioned the moving of the County facilities and Sheriff Pendergrass indicated he understood that the Court would not be moved. Commissioner Marshall withdrew her motion to receive further information. Commissioner Carey withdrew his second to the motion. Kenneth Thompson noted that the lease does expire on July 12 and the Town is requiring the County lease the entire four floors. - . - 4 Chair Willhoit noted there is nothing in the lease that would pre- vent the County from subleasing the extra space. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the lease with the caveat that the lease is not inconsis- tent with the Interfaith Council continuing to use the building for the purpose of a shelter in the evenings. VOTE: UNANIMOUS. 6, Limp AGREEOENTS WITH JOCCA FOR THE CEDAR GROVE MULTIPURPOSE CENTER Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the lease renewal agreements with Wake Opportunities, Inc. and JOCCA for use of space at the Cedar Grove Multipurpose Center effective July 1, 1985 until June 30, 1986 and authorize the Chair to sign. All conditions of both existing leases will remain the same. VOTE: UNANIMOUS. - •. 1 '0* H__,REN do R• Motion was made by Commissioner Marshall, seconded by Chair Willhoit to approve the renewal of the lease agreement with the Community School for People Under Six and authorize the Chair to sign. VOTE: UNANIMOUS. 8. CLERICAL-OFFICE MANAGEMENT STANDARDS Director of Personnel Beverly Whitehead presented for adoption Clerical-Office Management Standards to become effective July 1, 1985. Implementation will require reclassification of 16 clerical positions in the Departments of Purchasing, Tax Supervisor, Housing and Community Development, Elections and Sheriff at a cost of $14,538 for FY 85-86. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the implementation of the Clerical-Office Management standards effective July 1, 1985. VOTE: UNANIMOUS. 9. PLANNING SERVICES FOR THE TOWN OF HILLSBOROUGH Marvin Collins presented for consideration a proposal to provide part-time planning services to the Town of Hillsborough. One advantage would be that this person could coordinate the Joint Planning effort similar to the agreement with Chapel Hill. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the position with a caveat that the comprehensive planning is done within the environs of Hillaborough and that during the year a joint process is developed. Chair Willhoit suggested scheduling a work session on the planning goals. VOTE: UNANIMOUS. 191A__AUGHT-OF-WAY ENCROACHMENT AGREEMENT-ORANGE INDUSTgIES Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve an agreement between the Department of Transportation, Town of Hillsborough and Orange County to encroach on the DOT right of way to in- stall a 4-inch sewer line to serve the Orange Industries Building which is owned by the County and authorize the Chair to sign. VOTE: UNANIMOUS. 11. HOUSING REHABILITATION CONTRACT AWARD Motion was made by Commissioner Marshall, seconded by Commissioner Carey to award one housing rehabilitation contract for the Councilville Com- munity Development area for dwelling unit 13 to Morrow Construction Co. in the amount of $19,560. VOTE; UNANIMOUS. 12. VOTING DELEGATE-ANNUAL NACO CONFERENCE, Commissioner Marshall nominated Chair Willhoit to serve as the voting delegate for the annual NACO Conference. Commissioner Walker nominated Moses Carey to serve as the voting delegate for the annual NACO Conference, seconded by Commissioner Lloyd. 5 VOTE: AYES, 3; NOES, 2 (Chair Willhoit and Commissioner Marshall). 13. RESQL_UZIONS FOR ANNUAL NCACC CONFERENCE It was a consensus of the Board that Chair Willhoit submit a resolution on the next agenda for consideration. 14. LEGISLATIVE I_$SUES Discussion only. 15. BUDGET AMENDMENTS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to amend the 1984-85 Budget Ordinance as follows: Appropriation-Health Epidemiology $ 1,502 Source-Health Adult Health Service $ 1,502 Appropriation-Health Maternal and Child Health $ 2,151 Source-Health Maternal and Child Health $,2,151 Appropriation-Social Services Long Term Care Screening $ 3,120 Source-Social Services Long Term Care $ 120 Care Screening-Screening Source-Social Services Long Term Care $ 3,000 Care Screening-CHORE-XIX VOTE: UNANIMOUS. _ • 4.7 AL ' •• T ' l;1'S Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to create individual capital project funds and to transfer appropri- ations to these individual funds accordingly. VOTE: UNANIMOUS. • ;:•r III •I.' pL.O" • 'L; I :1• •8 AT • ' . G' OU MM ti• m WA' Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to ratify the action of the County Manager in approving the fireworks display to be held at the Orange County Speedway on June 29, 1985. VOTE: UNANIMOUS. F. JAECUTIVE SESS,TON Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to adjourn the regular meeting into executive session to discuss a property matter. VOTE: UNANIMOUS. ADJOURNMENT Chair Willhoit adjourned the meeting. The next meeting will be held on June 19, 1985 at 7:30 p.m. Don Willhoit, Chair Beverly A. Blythe, Clerk