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HomeMy WebLinkAboutAgenda - 08-05-1985 ORANGE COMM BOARD OF CCMMISSIONERS AGEMA REGULARMEETIM NOWAY, AUGUST 5, 1985 CCMMISSIONERS Rom RiusEamcom, N.C. 7:30 P.M. A. BOARD COMMENTS B. AUDIENCE cammrs 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda C. MINUTES D. WO ACEEEntete MAROS E. MOINEMENTS PUBLIC REARING 1. 1985-1986 Secondary Road Improvements Program 2. Pineview Row3/Pineview Drive (SR 2042-43)--Final Assessment Role 3. Clearwater Lake Road (SR 1918)--Final Assessment Role PAGE # G. ITEMS FOR DECISION 005 1. 1985-1986 Secondary Road Improvements Program 018 2. Pineview Road/Pineview Drive (SR 2O42-43)-- p Assessment Role 028 3. Clearwater Lake Road (SR 1918)--Final Assessment Role 038 4. Commission forWcnonResolution 041 5. Property of Leonard Wilson—Preliminary Plan 046 6. Property Patricia R. Enoch--Prelindnary Plan 051 7. North Fork Phase II--Preliminary Plan 059 8. Wedgewood Section 2--Prelindnary Plan 071 9. Proposed Secondary Amendment to the Land Use Plan Requested by Chandler Concrete Company 123" 10. Request for Amendment to a Condition of the Class A Special Use Permit for West 'Itn Mobile Park 129 -11. Advertisenent of Proposed Zoning Ordinance ltxt and Atlas Amendments 132 12. Planning Services Agreement with Thwn of Hillsborough 139 13. PPE Relocation 144 14. Personnel Ordinance 145 15. Appeal of Tax Appraisal I ' - PAGE # 150 16. Older Americans Act Contract ._ 169 17. Approval of RSVP Grant Award from the Town of Carrboro 173 18. Land Records State Grant to Orange County— Resolution 178 19. Contract for Food Stamp Mailing 185 20. Emergency Medical Services Contract 188 21. Medical Services Agreement for the County Jail 198 22. Purchase of Vehicles Through State Contract Procedures 203 23. Bid Awards for Handicapped Access Projects 209 24. Forest Service Contract 213 25. Budget Amendments 215 26. Meeting Date Change H. ADJCUR1MENP ORAN 001 GE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. 04 MEETING DATE August 5, 1985 Subject: MINUTES IDepertment: BOARD OF COMMISSIONERS _ 1 ( Public Hearing: yes x no] Attachmnt(s) : Information Contact: COV Beverly A. Blythe UNDER SEPARATE ER Phone NUMber: 732-8181, 968-4501, 117-0231 PuRPOSE: To correct and/or approve the minutes as submitted for consideration: May 28, 1985 - Joint Public Hearing • NEED: Approval so the minutes may be entered into the official minute book in the Clerk's office. RECOMMENDATION: As the Board decides. IMPACT: ORAME C WARD CUNIY CF CO Action Agenda ACTION AGENDA ITEM ABSTRACT Item lb. 1/4 ).0 2 Meeting Date: AUGUST 5, 1985 SUBJECT: NATIONAL ASSOCIATION OF COUNTIES ACHIEVEMENT AWARDS DEPARTMENT: COUNTY MANAGER PUBLIC BEARING: Yes X lb ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUPABER: NO Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: lb formally recognize those responsible for planning and developing the projects for which awards have been granted. NEED: Orange County has been honored by the National Association of Counties for four innovative programs submitted in the Association's 1985 Achievement Award program. Board members together with Jane Sparks of the Data Processing Department received the awards on behalf of the County during NACo's 50th Annual Conference held July 13-16 in Orange County, Florida. The County received awards for the following programs. Department and Chief Person(s) Responsible 1. Coordinated Leisure Programming Aging Department for Senior Citizens Jerry Passmore 2. Public Health Dental Screening Health Department Jerry Robinson 3. Countywide Computerization Data Processing Keith Brooks 4. Computerization for Sheriff Sheriff/Data Processing Data and Reporting . Lindy Pendergrass and Janet Sparks Phillip B. Effstrom, President of the National Association of Counties, made remarks in commending Orange County and other award winners that gives perspective on the awards. He said, 003 "The programs selected to receive awards this year show great effort and dedication on the part of counties nationwide to strengthen and improve County government. The Achievement Award program, now in its 14th year, recognizes attempts by counties to find innovative and cost effective ways to improve the management, organization and service delivery of county government." Out of the 3,043 counties in the nation 149 received awards in a wide range of categories, including health care, taxation and finance, county administration and management, mental health, computerization, criminal justice and community services. BOAR? OF (XMMISSIONEFS Action Agenda 004 ACTION AGENDA ITEM ABSTRACT Item 1b. E DEFI' MG DATE August 5, 1985 Subject: APPOINTMENTS • 1Department: BOARD OF COMMISSIONERS, I 1 Public Hearing: yes x noj • Attachments) : Information Contact: • Under separate cover Beverly A. Blythe, Clerk Phone Number: 968-4501, 132-8181, 221-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. NEED: The following vacancies are announced for the first time for information only: B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 3 vacancies (resignations of Eleanor McConnel, William Oldenburg and. Richard Schramm) B-14 - ARTS COMMISSION - 2 vacancies (resignations of Norris Johnson and Judy Ansley): C-2 - GAMOW PLANNING BOARD - 1 vacancy (termination of term for Emmett ETadeng€41,4E COUNTY PLANNING BOARD - 1 vacancy (resignation of Ruth Burnette) • REGION J EMS COUNCIL - 1 vacancy (expiration of term for Dr. Sara Dent) NATIONAL ORGANIZATION ON DISABILITY 1 vacancy (expiration of term for Dr. - Paul. Leung). The following vacancies are announced together with the indication of the status • of securing candidates for possible appointment consideration. Ail vacancies • have been duly advertised. A-b - COMMISSION FOR WOMEN - 1 vacancy; no resumes have been received. ". INDUSTRIAL DEVELOPMENT REVENUE BOND AUTHORITY - 3 vacancies; no resumes have been received. . . • A77 - JURY COMMISSION - 1 vacancy; 1 resume has been received. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 2 vacancies; no resumes have been received. B-5 - DOMICILIARY HOME ADVISORY COMMITTEE - 1 vacancy; 1 resume has been received. • B-11 - SOLID WASTE TAM. FORCE - no new resumes have been received. (William • Oldenburg has resigned from this task force) B-15 - SCHOOL MERGER STUDY COMMISSION - 4 additional resumes have been received. • . C-3 - CHAPEL RILL BOARD OF ADJUSTMENT - 2 vacancies; no resumes have been received. • C-1 - ORANGE COUNTY BOARD OFADJUSTWENT - 2 vacancies; no resumes are on file. REGION J EMS COUNCIL- - 1 vacancy; 1 resume has been received. • " IMPACT: • To maintain 100% membership on Commissioners' appointed Boards and. Commissions. RECOMMENDATION: As the Board decides. 005 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5. 1985 Action nda Item #r(.z SUBJECT: 1985-1988 SECONDARY ROAD IMPROVEMENTS PROGRAM r DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: EDDIE KIRK PROPOSED 1985-1986 PROGRAM 1985-86 PRIORITY LIST RESOLUTION MAPS LETTER Telephone Numbers Hillsborough — 732-8181 Durham — 888-7331 Mebane — 227-2031 Chapel HiLL — 988-4501 PURPOSE: To receive citizen input and the Secondary Road Improvements Advisory Committee recommendation on the 1985-1986 Secondary Road Improvements Program. NEED: The NCDOT Board of Transportation is required by law to post a County map in the Orange County Courthouse showing proposed annual secondary road improvement projects and to hold a public hearing jointly with the Board of Commissioners on the proposed program . The 1985-86 total allocation for secondary roads is $575,003.00 a 13% increase in funding from 1984-85. The allocation includes $120,000 for paved secondary road improvements, the same amount as 1984-85, $10,500 for spot stabilization of unpaved roads, an 86% decrease from 1984-85; $394,750 for paving unpaved roads, a 12% increase from 1984-85; and $49,753 for contingency, a .7% increase from 1984-85. The allocation for paving unpaved roads includes: (2) P .O.P. projects (Saddle Drive and Harper Street) , (7) P .P.P. projects requiring County participation (Pineview Drive, Pineview Road, Timberty Road, Moriah Hill Road, Meadow Lane, Roltingwood Road and Stallings Road) and (2) rural roads (Borland Roand and New Sharon Church Road) prioritized on the secondary roads priority paving list . 006 1985-86 SECONDARY ROAD IMPROVEMENTS PROGRAM PAGE TWO AUGUST 5, 1985 IMPACT: Approval of the proposed program would allow DOT to schedule and complete the projects during the 1985-86 construction year. RECOMMENDATION: As the Board decides . Sea SECONDARY ROAD IMPROVEMENTS ADVISORY COMMITTEE RESOLUTION RESOLUTION The committee can find no substantial cause to object to the proposed Road Improvement Program. However, it should be pointed out that SR 1617, Saddle Drive has not appeared on any priority listing that we have seen. Acceptance of this project will set a precedent for other roads which are common with other counties and are paved in that county. A specific example is Bivins Road SR 1573 which is currently assigned #57 priority and has prompted six concerned citizens to attend a committee meeting and register questions and protests . The committee feels strongly that we are provided with inadequate Lead time to conscientiously consider the proposed program and obtain answers to Legitimate questions that have risen. • q t • 007 • ORANGE COUNTY PROPOSED 1985-1986 SECONDARY ROAD iMPROVEMENT PROGRAM • 1985-1986 Secondary Allocation (Anticipated) $575,003.00 1 Map' Priority SR Estimated No. No. No. Name and Description Length Cost Paved Secondary Road Improvements, 1 1009 Reconstruce Old 86 from New Hope Creek South 0.8 $120,000.00 1 SpotStabil'ization of Unpaved Roads • SR 1115, SA 1140, SR 1185, SR 1383, SR 1515, 10,500.00 SR 1529, SR 1544, SR 1563, SR 1794, SR 1967, SR 2005. • • • • • • • • • t008 -2- •• ORANGE COUNTY PROPOSED 1985-1986 SECONDARY • ROAD IMPROVEMENT PROGRAM Map Priority SR • • Estimated No No. No. Name and Descri.tion Length Cost , • • Paving Unpaved Roads • 1• 2 1617 Saddle Drive from Durham County Line 0.21 $11,250.00 to a Dead End - ; • (P. O. P. Paving) ; 3 . 2042 Pineview Drive and 0.30 16,000.00 2043 Pineview Road (P. O. P. Paving) 4 1395 Harper Street from Dixie Avenue North 0.22 11,500.00 (P. O. P. Paving) 5 1794 Timberly Road from SR 1734 to a Dead End 0.60 28,500.00 ' (P. O. P. Paving) 6 1881 Moriah Hill ,Road from SR 1794 to a Dead End 0.20 6,500.00 (P. O. P. Paving) 7 1195 Meadow Lane ,from SR 1104 to a Dead End 0.23 10,000.00 (P. O. P. Paving) 8 1194 From SR 1195 to SR. 1112 and 0.47 20,000.00 1198 From SR 1194 to a Dead End (P. O. P. Paving) 9 1127 BOrland Road from SR 1113 to SR 1102 2.7 20a,0oo.00 (Complete Funding) 10 1 1533 New Sharon Church Road from SR 1003 to NC 57 3.0 91,000.00 (Partial Funding) .Contingency.to be Used for Overruns, Additions 49 753 00 , • to System, Paving Rural Fire Department Drives, and Property Owner Participation ; Note: If right of way is not available on the above unpaved roads, the funds will be 4 programmed on other roads in the order of priority or applied on property owner Participation paving. - ' . • ........................--...... i • , i 00 1. • • t . • . cA .s .,, , , ,. Co , . T Y p- i It S 0 N i l' OUNI TV -.. 1 1 . • , 1 a i ii j A i E • 1., 1 ..,,,f, . ., . I (1 . „„., ,WO all • za V .....,s,......... ... • :•• tab. (. •••■••.. .1—.... .-el 4—L---- —•— -12"--+--1--‘ ....;=--. -- _ 4.--...---;--.' ' -,144 ' 1 — r— ...,— •• iN,... p. . .-4.2---'-: '* :„.',.. -!.,.... 1,:am j .. ,,. i • -. toa ...,... _ . ' . 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W.I.344.13.4330330.13 L..'••••••••'•••":44 .... . . • ° 010 ; ' . ;< T1 1 . g — 1 . , I c�.rr.r- • \�� . 4. I ra I I' \7 . w � 1 • r tz _ re •vF f;;f uu r - ..0 I ZQ — d ffi 1 . 1 „„1 ,MA 3 • Tm sa . 1 C • N ..L ti m6 I - At a I JJ -1 ' arr I n NH w •A HLS ! NI c i • 1 of I so . If HrL ; RIL m r. rr C9UNiy • I c • • a.uag ; . *6-E. 7 , .� I I-, H • @ _� ! ! .12. '110111111M I If INSET y mstr _ . . ... • • • . . CUR S/R LOCAL NAME . TERNINI PREV TOTAL SUR TRAFF PRTY ' Nn. FROM . TO • PRTY POINTS bh ' CCUN- . 1 1533 NEWSP " '! CFURCH SR 1003 NC 57 1 34 .3 N 254 2 1130 ODE TURNER ROAD SR 1006 SR 1129 2 338.7 N 220 1 ' 3 1943 SESAME ROAD SR 1005 ' DEAD END 3 294.0 N 198 1 i 4 1730 TURKEY FARM POAD BST SR 1718 4 277.0 N 225 i 5 1117 RUSHY COCK READ SR 1114 SR 1144 5 276.7 N 182 1 i 6 1561 LAW1ENCE ROAC SR 1002 END PAYMEN 6 276.0 N 230 ' i 7 1335 KENION ROAD NC 86 SR 1332 7 268.3 N 165 1. 8 1312 RICHMOND ROAC US 70 SR 1306 8 267.4 N 191 1. 1 9 ill; POCKY prcGE ROAD SR 1177 SR 1179. 9 264.5 N 162 f 10 1568 WILLET ROAD SR 1567 DEAD END 10 262.6 N 146 1 11 1569 GAILERAITH ROAD SR 1567 - DEAD END 11 259.0 N 150 t f 12 1941 OLD SCHOOL ROAD SR 1942 DEAD -END 12 258.0 N 144 1 i 13 1135 MOOREFIELDS ROAD . SR 1134 SR 1/34 13 254.4 0 N . 186 1 14 1950 CARL DURHAM ROAD SR 1005 NC 54 14 237.4 N 177 1 I15 1727 EUBANKS ROAD SR 1009 SR 1729 15 236.0 N 200 t 16 1914 WHITE ROCK CFURCH RD SR 1915 DEAD END 16 235:0 N 160 1 I 17 1575 WALKER FARM ROAD SR 1538 - SR 1003 17 227.0 N 155 1 1 IS 1383 ENO CEMETERY ROAD SR 1352 DEAD END 18 223.0 N 117 1 19 1572 EBENEZER CHRUCH ROAD SR 1567 1952 OUR C 19 - 220.9 N 120 1- 20 1541 KIGAR ROAD NC 57 SR 1538 . 20 - 217.6 N 163 1 1 21 1566 LINDEN ROAD 11S 70 DEAD END 21 214.0 N 102 t i 22 1552 - MINCEY ROAD NC 57 SR 1548 ' 22 213.5 N 126 1 1 1 23 1918 CLEARWATER LAKE ROAD SR 1918 EP DEAD END 23 210.0 N 126 1 i 24 1362 ALLIE MAE ROAD SR 1004 SR 1361 24 206.7 ' N 116 1 I 25 1351 GOVERNOR SCOTT ROAD SR 1004 SR /343 25 206.1 N 140 1 26 1346 SADDLE CLUB ROAD SR 1306 SR 1340 26 203.7 N 135 I 27 1555 MILLER ROAD SR 1588 SR 1554 27 202.3 N 135 .' 23 1131 CROSSROAD CH. CEMETA SR 1006 DEAD END 28 198.0 N 125 '. 29 1824 WILKINS CRIVE SR 1803 SR 1823 29 412.0 Y 392 1 30 1803 WILKINS DRIVE SR 1718 SR 1824 30 410.0 Y 298 1 31 1194 ROLLINGWOOD ROAD SR 1195 SR 1112 31 395.0 Y 235 1 i 32 1839 FREELAND HEIGHTS NC 86 DEAD END 32 328.0 Y 210 1 33 159u BRIGADOON DRIVE SR 1566 DEAD END 33 310.0 r 222 1 34 1162 LATIMER STREET SR 1161 SR 1206 34 300.0 Y 240 :- 1 35 1184 ORANGE HEIGHTS SR 1161 SR1.185 35 252.0 Y 174 1 f 36 1564 GIBBS LANE SR 1562 DEAD END 36 252.0 Y 126 1. 37 1705 TUSCABORA DRIVE NC 86 NC 86. 37 252.0 Y 126 1 38 1823 WILKINS DRIVE SR 1718 SR 1824 38 248.0 Y 214 1 I 39 179.4 TIMRERLY DRIVE SR 1734 DEAD END 39 216.0 Y 126 40 1313 TINNIN ROAD US 70 DEAD END 40 203.0 Y 115 1 I 41 1195 MEADOW LANE SR 1104 DEAD END 41 200.0 Y 100 N. I42 1204 REX DRIVE SR 1144 DEAD ENO 42 198.0 Y 102 1 43 1955 DAWSON ROAD SR 1005 DEAD END 43 196.0 N 96 f 44 1557 CHAVIS FUNERAL HOME NC 57 DEAD END 44 195.0 Y 100 ! 45 1725 MILL HOUSE ROAD SR 1727 NC 86 45 194.6 N 124 1 1 46 1540 HUNT ROAD SR 1548 SR 1541 46 193.0 N 138 I1 47 1390 HOLIDAY PARK ROAD US 70 DEAD END 47 192.0 Y 100 ' 48 1563 YATES ROAD SR 1562 DEAD END 46 190.0 N . 90 49 1186 ORANGE HEIGHTS SR 1185 DEAD END 49 159.0 Y . 96 i 50 1712 UNIVERSITY STAT. RD. SR 1718 SR 1720 50 187.5 N 166 ! . 51 152u8 MARY HALL ROAD SR U543 SR 1517 51 186.5 N 120 - ' 52 1548 SCHLEP RCAC SP 1001 Eun PAYREN 52. 181 .3 N 125 f • • :Q".° c/R LOCAL NAME TERPINI PREV TCTAL SUS TRAFFIC! PPTY NO. 012 FROM TO PRTY POINTS DIV COUNT I 53 1315 FULLER PoAD SR 1313 END PAYE N 53 190.0 Y 132 Vr c4 1128 KIP9PC ROAD SR 1127 SR 1'006 54 190.0 N 96 VI 1791 MT. mORIAH ROAD SR 1734 1113 DUP.0 55 179.0 N 11.10 P, 5h 19u9 HAWKINS ROAD EAST SR 1001 SR 1543 56 174.3 N 122 V 57 1973 8IVINS RCA° SR 1002 1453 CUR C 57 169.0 N 129 m3 1361 LEES CHAPEL ROAD SR 1004 SR 1357 58 168.4 N 100 1 '.;"1 13'35 HARPER ROAD SR 1375 DEAD END 59 168.0 V 156 V 60 2002 WAVE ROAC 15-501 DEAD END 60 168.0 Y 90 V 61 1303 'E WASHINGTON EXTENSI SR 1114 DEAD END 61 168.0 N 83 V 62 15164 ERCWN ROAD WEST END SR 1517 SR 1515 62 167.7 N 102 1,/, 63 1515 BREEZC ROAD SR 1516 NC 157 63 166.6 N 116 Mi , 64 1198 STALLINGS ROAD SR 1154 DEAD END 64 166.0 Y 78 65 1361 PENECCST ROAC SR 1004 SR. 1364 65 163.5 N 115 K , 66 1544 PE4RSCN ROAD SR 1001 NC 57 66 162.9 N 112 V 67 1957A GOLD MINE LOOP SR 1958 SR 1958 67 162.4 N 96 N 68 1378 CAK STREET SR 1316 DEAD END 68 162.0 Y 84 V 69 1526 GRAY ROAD SR 1523 SR 1528 69 161.0 N 100 P; 73 1579 GREEN RILEY ROAD NC 57 SR 1003 7u 160.0 N 1u0 V 71 1938 RAY ROAD SR 1519 DEAD END 71 159.0 N 100 V 72 1341C HARMONY CHRUCH ROAD SR 1343 SR 1350 72 157.0 N 100 Y 73 1396 LOCUST STREET SR 139 SR 1357 73 156.0 Y 78 V 74 1715 DOVE CREEK ROAD SR 1716 SR 1710 74 156.0 N 86 V 75 1947 IVEY ROAD SR 1005 DEAD END 75 156.0 N 78 V 76 1581 SNEED DRIVE SR 1003 DEAD END 76 155.0 N 72 V 77 1115 ARTHUR MINN1S ROAD SR 1102 SR 1.113 77 153.2 N 92 1, 78 1344 HALEY ROAD SR 1343 DEAD END 78 153.0 N 78 79 1124 PARTIN READ SR 1114 DEAD ENO 79 153.0 N 7" ' 80 1366 ATKINS ROAD NC 49 SR 1004 80 153.0 N 113 ' 81 1349 POTEAT READ SR 1341 SR 1358 81 152.0 N 82 1, 92 15168 FIRDWN ROAD EAST END SR 1515 NC 157 82 150.0 83 1512 FESTER ROAD SR 1510 So 1506 83 147.1 N 96 V 84 1385 FOX TRAIL SR 1384 DEAD END 84 144.0 Y 72 V 85 1144 WEST TEN SR 1120 END PAYPEN 85 141.6 N 114 V 86 1817 STATION ROAD SR 1712 DEAD END 86 141.0 N 72 87 1314 SCHOOL HOUSE ROAD SR 1313 SR1315 87 141 .0 Y 72 1 88 1959 VILLIKAN ROAD SR 1955 SR 1959 88 140.3 N 87 V • BS 1960 LLOYD TOWN ROAD SR 1958 SR 1961 89 139.8 N 84 1• • 90 1363 DOC CCRBETT ROAD SR 1364 SR 1004 90 139.9 N 82 ' 91 1534 PCKEE ROAD NC 57 SR 1533 . 91 139.4 N 90 92 1842 RUSCH ROAD SR 1729 DEAD END 92 135.0 Y 73 I. 93 1338 8PoCKHELLOW ROAD SR 1306 SP1004 93 133.5 N 55 \ 94 11404 WILSON ROAD SR 1142 1.007 1-85 94 132.5 N 80 1 95 2005 EDGENOOD STREET SR 1916 DEAD END 95 132.0 Y 65 ; 95 1949 FORD ROAD SR 1005 EP DEAD END 96 132.0 N 66 t 97 1306 LEBANON ROAD SR 1004 SR 1338 97 132.0 N 80 96 13408 HIGH ROCK P0A0 SR 1341 SR 1313 98 130.1 N 83 1 99 1397 TULIP TRFE READ SP 1395 SR 1356 99 129.0 Y 66 ‘ 1u. 1359 OAKLEY ROAD SR 115B SP 1360 10J 129.0 N ' 70 : 101 1319 CENTER STEF7 OFF 131c; DEAD END 101 128.0 Y 63 A 102 1520A NARY HALL =7E40 NC 57 SR 1543 132 12e.0 N 70 ' 1C3 1.52 VAG9MrR r4 11 PcAq NC 157 CAD END 103 127.0 104 1?(..9 WADE DEAD END SR 1369 DEAD ENO 104 127.0 N 72 ' • . _ . . ' . . . ACC9111.01 CCUNTY ORANGE ' UNPAVED KUAUS - Unit urclit4-tro-...; rmlac • :.-1: . . . cuRp. $/R LOCAL NAME TERMINI PREV TOTaL SUB TRAFFC ... pRTY NO. FROM TO PPTY /TINTS DIV 00.1....!T . . ilv5 1116 APPLE MILL PAD SP 11E0 SR 1115' 1-:-..5 12:6.8 N 65 '. 106 1379 FRANK PERRY ROAD SP 1328 SR 133? 1: : 125.4. N 71 t:17 1594 SHAWNEE CRTVE NC 57 NC 86 107 125.0 Y 65 1... 1302 'CBANE STORE ROAD US 70 DEAD END 108 125.0 N 66 13? 1533A RAMA ROAD SR 1504 SR 1500 109 124.7 N 71 ILO 1114 BUCKHCRN ROAD SR 1006. SR 1115 110 122.5 N 80 . . 111 1989 WCODCREST STREET SR 1919 DEAD END ' 111 120.0 Y 60 11? 1325 N.-"OAK STREET US 70 DEAD END 112 123.0 Y 60 113 2042 PINEVIEW DRIVE' SR 1943 DEAD END 113 120.0 r 60 114 1975 BROOKFIELD DRIVE NC 54 SR 1944 114 120.0 Y 60 115 1586 CAROLINA LOOP SR 1002 SR 1587 115 116.0 Y 57 . --.- 116 13413 HARMONY CHURCH ROAD SR 1339 SR 1343 116 116.0 N 80 . . 117 1550 EDMUND LATTA ROAD NC 57 SR 1551 117 113.0 N 70 118 1211 HICKORY FOREST ROAD SR 1009 SR 1212 118 111.0 Y . 60 119 1336 HALLS MILL ROAD SR 1004 SR 1332 119 110.4 N 72 120 1533 BUNNY ROAD . MC 57 SR 1534 120 108.5 N . 60 121 1722 BUMPHUS ROAD SR 1723 DEAD END 121 108.0 N 54 . . 122 1350A LONESOME ROAD SR .1341 SR 1343 122 107.5 N 75 123 1519 GATES ROAD SR 1508 SR 1517 123 107.0- N 61 124 1343 TOM WARD ROAD SR 1306 SR 1345 124 106.0 N 90 125 1132 . SHAMROCK ROAD SR 1131 DEAD END 125 105.0 N 54 126 1206 . KING EDWARDS ROAD DE OFF1162 DEAD END 126 102.0 Y 54 127 1317 SOUTHERN DRIVE EP SR 1120 DEAD END 127 102.0 N 68 :.. 128 13503 HARMONY CHRUCH ROAD SR 1364 DEAD END 128 102.0 N 54 129 2001 MANGUM COURT SR 1008 DEAD END 129 102.0 N 5.*, 130 1340A HIGH ROCK ROAD : SR 1306 SR 1341 130 . 102.0 N 53 131 1592 SHELTON COURT SR 1002 DEAD END 131 99.0 .Y 82 132 1535 BILL POOLE PAD SR 1538 DUR SR147D 132 98.2 N 60 . . 133 1141 WHITAKER ROAD SP 1139 SR 1142 133 98.0 N . 50 .. 134 11403 WILSON ROAD SR 1139 SR 1142 134 97.7 N 55 135 1185 ORANGE HEIGI-TS SR 11E4 SR 1126 135 96.0 Y 96 .. 136 1147 REX DRIVE - SR 1144 DEAD ENO 136 96.0 Y 48 • 137 1309 SHAMBLEY SER STA RD US 70 DEAD END 137 96.i.:: Y 48 138 1322 FORREST AVENUE Sr 1372 DEAD END 138 96.0 N 48 139 1585 STRICKLAND ROAD SPUR SR 1584 DEAD END 139 96. 3 N 48 .. 140 1728 LAKE HOGAN FARM RCAD SR 1777 DEAD END 140 96.0 N 141 1175 MARIONS FORD ROAD SR 1112. DEAD END 141 96.0 N I ,. I..., 142 1556 GOV. CURVES ROAD NC 57 SR 1555 142 95.2 N 66 143 1584 BROOKS ROAD SR 1551 DEAD END 143 94.3 N 66 144 1337 BANE ROAD SR 1336 SR .1338 144 94.0 N 48 145 1341A IRA ROAD SR 1306 SR 1339 145 93.7 N 55 146 1739 WEST LAKEVIBN DRIVE SR 1738 END PAYMEN 146 93.0 Y 87 147 1510 ORMOND ROAD SR 1031 SR 1507 147 92.6 . N 60 148 1353 COMPTON ROAD MC 86 . q? 1352 148 92.2 N 65 149 1525 HALL DAIRY ROAD SF' 1524 SR 1526 149 91 .0 N 51 150 1531A BACON ROAD NC 57 PER SR1125 150 89.2 N 53 151 1501 ALLISCN POAD " NC 86 SR 1500 151 87.9 N . 56 152 1355 ALLISON ROAD NC 86 SR 1357 152 86.0 N 53 .. 153 1529 COUNTRY LANE SR 1528 DEAD END 153 e4 .0 N 47 154 2004 WILLIS ROAD - SR 1948 DEAD END 154 84.3 N 47 155 1610 BROMLEY ROAD SR 1003 DEAD ENO 155 84.ti Y 60 . 15' 1973 POCNRIDGF ROAD SR 1942 SR 1941. 156 g4 .0 y 42 . . • . . ;ALL4Lilu k.,.... . .....-- ....,. . • CUTiR• s/R014 LOCAL NAME TERMINI . PREV TOTAL SUB- -TRAFFT : EIRTY NO. . FROM' ' TO PRTY POINTS DIV COUNT • 1157 1547 ERADSFER 'MAC NC 86 DEAD ENO 157 84.0 N 42 , 15.9 1347 CHARLIES DEAC END SR 1343 DEAD ENO 158 84.0 N 42 ' 159 1370 CCC CCRBETT ROAD SR 1004 $R 1361 159 83.0 N 46 160 1368 WADE LOOP EAST END NC 49 SR 1369 160 81.8 N 50 161 . 1319 FOREST ROAD SR 1123 SR 1318 161 81.0 V 75 102 2043 PINEVIEW ROAD SR 2042 DEAD END 162 81 .0 Y 42 103 1570 CABE FORD ROAD SR 1567 DEAD ENO 163 80.0 N ' 50 164 1778 MURPHY SCHOOL ROAD SR 1718 SR 1716 164 80.0 N 46 165 1176 CAMP CHESTNUT RIDGE SR 1125 DEAD END 165 77.0 • ' N 50 166 1554 BALOWIN ROAD SR 1002 SR 1555 166 75.5 N ' 55 . 167 1559 FIRST STREET SR 1002 SR 1586 167 - 75.0 Y 51 168 1721 RIGSEEE ROAD SR 1712 DEAD END 168 74.0 N 38 169 1840 WHISPERING PINES SR 1710 DEAD END 169 72.0 Y 36 170 1386 PONDEROSA TRAIL SR 1385 DEAD END 170 72.0. Y 36 171 1797 SERVICE ROAD SR 1812 DEAD END 171 72.0 N 36 172 1881 . MORIAH HILL ROAD SR 1794 DEAD END 172 72.0 Y 36 173 1978 STANSBURG ROAD • SR 1946 DEAD END 173 • 72.0 N 36 174 1916 PARKER ROAD SR 1992 DEAD END 174 72.0 N 36 175 1944 HATCH ROAD NC 54 DEAD END 175 72.0 N - 36 176 1539 RICHARD LANE SR 1538 DEAD END 176 72.0 N 36 177 1523 BERRY ROAD EP NC157 PER SR1120- 177 70.0 N 36 178 1136 HOLMES ROAD SR 1125 SR 1120 178 70.0 N 70 179 1521 BLAYLOCK ROAD NC 157 SR 1523 179 68.0 N 34 . . 180 15008 HENSLEY ROAD • • SR 1501 PERSON1100 180 68.0 N : 30 181 1145 SQUIRES ROAD SR 1144 DEAD- END 181 66.0 N ' 30 182 1148 ENO MOUNTAIN ROAC SR 1006 HILLS.CITY 182 65.0 N 5.1 183 1133 TEER ROAC SR 1101 SR 1115 183 64. 1 ' . N 40 184 1726 CLYDE HOGAN ROAD SR 1725 NC 86 184 64.0 N : . 30 185 13410 LIB ROAD SR 1350 SR 1361 185 62.0 N 30 186 1535 MCBRCOM ROAD SR 1534 SR 1536 186 61.0 N 37 187 1603 . FOREST RIDGE PLACE SR. 1602 DEAD END 187 60.0 Y 30 188 1193 VIRGINIA CATES SR 1006 DEAD END 168 60.0 N 30 189 1913 BENNETT ROAD US 15-501 SR 1008 199 60.0 - N 60 190 1106 STROWD LANE SR • 1107 DEAD END 190 60.0 N 30 191 1518 TILLEY ROAD SR 1517 DEAD END 191 60.0 N 30 192 1199 TREE FARM ROAD SR 1006 DEAD END 192 60.0 N . 30 193 1542 JACKSON ROAD SR 1541 SR 1579 193 58.0 N 33 194 1401 MILDRED COURT SR 1385 DEAD END 194 57.0 Y 30 ' 195 1576 STEWART FARM ROAC SR 1501 SR 1504 195 57.0 N 30 196 1582 LAUREL RIDGE ROAD .SR 1567 DEAD END 196 56.0 N 27 197 1505 WHEELERS CH ROAD SR 1506 PER.SR11B2 197 55.0 N .40 198 1602 SPRINGVIEW TRAIL SR 1567 SR 1503 198 54.0 Y . 42 199 1143 ROCK QUARRY ROAD SR 1142 SR 1144 199 ' 52.0 N 43 200 1380 JONES GROVE CH ROAD SR 1334 DEAD END 200 50.0 N 22 201 15038 8AMA ROAD SR 1500 CAS.SR1718 201 50.0 N 50 202 . 1126 BORLAND ROAD SR. 1006 SR 1102 202 50.0 N • 50 203 1513 TAPP ROAD ' SR 1512 PER. SR1105 203 50.0 N n 204 1333 ORANGE CROSSROADS CH SR 1332 DEAD END 204 49.0 N . 22 205 1513 QUAIL HOLLOW DRIVE SR 1593 DEAD END 205 411.0 Y 24 206 1146 CEWEY ROAD SR 1144 DEAD END 236 48.0 N 24 .• 207 1991 LACOCK ROAD SR 1937 DEAC ENO 207 49.0 N 24 208 1917 MADISON 1,:PM8LE ROAD SR 1008 DEAD END 208 48..) N 24 - . - • • . . . . . . . tOC NAME TERMINI PREY • TOTAL SUB TRAFFI AL . pRTY° NCI.. FROM TO PRTY . PoINTS0151 ' COUNT . . ;i09 1957B GOLD MINE ROAD SR 195n NC 54 209 45.4 N 210 • 150JA ALLISCN ROAD NC 86 SR 1501 210 45.0 N 27 711 1835 OAK HILL BOAC END PAYMEN SR 1835 211. 42.0 Y 30 ' .. 717. 1511 PRESTON GEORGE ROAD SR 1510 SR 1512 212 42.0 N 20 2/3 1212 HICKORY FOREST LODGE SR 1211 SR 1309 213 39.0 Y 714 1549 WOODS LOOP SP 1548 SR 1548 214 38.0 N 20 - 215 1316 GAINES CHAPEL ROAD SR 1320 DEAD END 215 36.0 N 18 .: 216 . 1587 CAROLINA. LOOP XF 1002 SR 1586 216 36.0 Y 24 . . 217 -1348 HENRY HAITH ROAD SR 1341 DEAD END 217 36.0 N 18 218 1356 1014 POPE ROAD NC 86 SR1357 218 36.0 N 18 219 1597 NORMAN ROAD SR 1541 SR 1003 219 34.0 N 22 -- 220 1342 JAMES WARD ROAD SR 1306 DEAD END 220 33.0 N 18 221 1527 GREEN ROAD . SR 1526 PER SR1122 221 30*.0 N 30 222 1716 DUKE FOREST ROAD SR 1712 SR 1778 222 30.0 - N 30 . .. 223 1502 BURTON ROAD - NC 86 SR 1501 223 30.0 N 20 224 15313 BACON ROAD NC 57 SR 1532 224 27.0 N 15 ' . 225 . 1537 HOPKINS ROAD SR 1536 OUR SR1467 225 26.0 N 26 226 1571 PLEASANT GREEN COMM SR 1569 BST 226 25.0 N 15 227 2003 . NO NAME . SR 2002 DEAD END 227 24.0 y 12 228 1377 THOMPSON ROAD SR 1144 DEAD END 228 24.0 N 12 229 1188 SAMS ROAD SR 1117 DEAD END 229 24.0 N 12 230 1578 BEASLEY ROAD SR 1515 DEAD END . 230 24.0 N 12 231 1509 RALPHS DEAD END SR 1508 DEAD END 231 * 24.0 N 12 232. 1514 JIMMY ED ROAD SR 1001 DEAD END 232 24.0 N 12 ' . 233 1181 BEN JOHNSTON SP 1144 DEAD END 233 22.0 N .. . . 234 1105 HACKNEY ROAD SR 1104 DEAD END 234 20.0 N 1.. 235 1311 REDmAN ROAD SR 1399 DEAD END 235 12.0 N 6 236 1967 BPW CLUB ROAD SR 1919 DEAD END 236 10.0* N 5 237 1398 REDMAN ROAD US 70 DEAD END 237 .0 N . . • • . . • - . • . • • • . • :•i!••••, . . •:•, ..:' . • • . , . • ...,:. ..,.. • ' ORANGE COUNTY COMMISSIONERS • 106 EAsr MARGARET LANE ... • HILLSBOROUGH, N.'C. . _,.. 27278 ,-... mommcAllur . :,i-.• BON LAWYD . August 22, 1985 mummumuma. • mxmmximmum. Dorivammax . ... • .... !o • - . - - !;...., . . ....'-:' . . , .A... • 'F.- . . vi..'.' • , :;,.. . J. W. Watkins, Division Engineer ' State . f North Carolinm . . Department of Transportation -,,,.•' Greensboro, NC 27429-0278 -,,,, . • ' Dear Mr. Watkins: ' - • . 7:- t . . . At the Board meeting held on August 5, 1985, the Board of . Commissioners approved by a unanimous vote the 1985-86 „. Secondary Road Improvements Program as presented by the De- . 4 partment of Transportation. .t.1. . ;.., i6 .„.....,11. , If any additional informatSon is needed, .pleh%e do not . ..,, 1,:lli=i% hesitate toOontant.me. VcArf ■ .,4 .10,' il.:',7.1.T01 ,14*-117. -- '11V=7- .... .6. ;.ar''''''' ---"--..-"......"Slinree'riAl 1T -..- ,P:;`.. .....,-,-.”$ 'r." .'"''',' ui9ef"4..--.!-9.-.•- - ---•=,-:ri:,'e,:t. -'- ----.S`..,-:if''.''''.;:it5'7“. '.7.,,v 1-1V-INI.,'M,Z4- 7...7,-- '4■:::.:::::::4-?:::,;i4.0•,.: . ;,,. ..,; -. ... ;;":;...M:.;;;.:(Yi.. v '4.1..?,,kK..e2.74-..-V.V4 "71 a"..IF:11 :7-..... q 7,..:•.-7--:'i'v-s1/4.:-• ;F,1.7: ..7t...“ii'i...Z.q::...,..,;:. ic."14;i"%, ' L•gi.- rr..r4 ifrOr.,,-, ,,, ,i '.....4,,' -:..1?‘ ,,L:,■..,77 t ..0-4.1.:1.,''`':41.. •A.,VS,talg-I,, '''':k.„"5.-4 .4.1.,1-... ."-:'--;.-:'.1. !:•:,. ) , ,. ',11'ig; :(.11:j11.7F.P.k?..4.4i! . - .g --z-,..o--77.•,•"Z•r- .7.:51•r..-- - ,--,...,•-•..:::,-A',41,i-gy..4.:•-1:::•... =1S--wlk.------,A.',5:•--....:-.4 ''."•-:e.--. '-' , — ..--r:-..ri-•:-... _.:,-;:-.,,....• *ii• -1,15)21 - F-7-4,;,,,o,,•,,,,:•.,-, ..,,.A' .-.,M16-, 1.7.`433 ••• - - ....; ty.th-:!- :. ; :..,':"-. s,.., everly.A....,B ...---' • . . . . . -- L..-:tg?:.Creek.:;•••= -,....',•=.1-•;',"; •••••:-',....:-.7,-•:,;-...4',1. : •...:• .4,:zitLvi -.-7..-.... _,--j...,-.,......_ :,.,::.;,2..4.4g.,..,y,;,.....:-,.- !.- • % .10.1.s...12.44.4".'.:,,;;:tult,10,.0..„^-,r....,-.--.....=.-z__-7-..„.7-,...E.-7,,-*.* ct--1.h"'*;-','Y — ..--;s.! 7,:z.,':,..-47.....,.., —- -- 0.- ••..,,tv.,-,...s•--*-.. 3.:4, V /bab -----..,--'..---"--.4 :' ,............:.=..........=e,....t.:::.,:f.,:v.:.,....,•:::g...,,r-arz - -. ---....-4...;,:,•>..rt ,_.._._. *.---r- . . File . . . .. • % . . • • • . . . . . . • . . - • • _ • • . . ORANGE COUNTY COMMISSIONERS • 106 EAST Mir LANE HILLSBOROUGH, N. C. 27278 momscmmT • • BE LLOYD alum= miatskuirz August 6, 1985 NORMAN WALKER - DON SWUM= • • • Mr. S. H. Jones District Engineer Department of Transportation Graham, North Carolina 21253-0766 Dear Mr. Jones: The Board of Commissioners at their meeting on August 5, 1985 unanimously approved the 1985-86 Secondary Road Improvement Program. A •Al If you need any additions..i. information, pIease call my office. --•• • Thank ybu„ • • ; r.5, f2,-: •":1 • 1'7 7Z:5Z 4.4 • r.•:•';'frr.,•-**","? I .•••••17r..• , :: • 1 7 ; ••;,••;* " .• .1. ";*."1.,A",; i. '• • • - - Ms Beverly*A--'--RIY-ehe „ • „ •• • • • • • o16 131 JUL 2z 1985 • .-1 -- • g: • • ',5 .% • • • • • ... STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • JAMES G.MARTIN Greensboro, NC 27429-0278 GOVERNOR July 19, 1985 DIVISION OF HIGHWAYS JAMES E.HARRINGTON • SECRETARY • CORRECTO LETTER • • • • . . • . Alan:once-Orange Enterprise 109 N. Third Street Mebane, NC 27302 • Re: Public Meeting to be Held. on August 5, 1985 . at 7:30 P.M. in the Orange County Courthouse Gentlemen: • Attached is notice of a public meeting to be held on August 5, 1985 at 7:30 P.M. in the Orange County Courthouse in Hillsborough. Please place this notice in the legal section of your paper on July 24, 1985 and again on. Jay 31,• 1985, sending an Affidavit of Publication and bill in-triplicate to the .N..C. Department of Transportation, C/o. J. W. Watkins, • Division Engineer, P. O. Box 9278, Greensboro, NC 27429-0278. Sincerely, • W. Watkins • DIVISION ENGINEER • • • • JWW:mdj Atta. • cc: Mr. W. B. Buchanan, Jr. Mr. S. H. Jones • Mr. Jack Murdock • ...Mt:Kenneth R. Thompson • • • • • An Equal Opportunity/Affirmative Action Employer . A • • 017 NOTICE Representatives of the Department of Transportation will meet with the Orange County Commissioners on Monday, August 5, 1985 at 7:30 P.M. in the Orange County Courthouse in Hillsborough to discuss with the Board and other citizens present, plans and proposals for the 1985-86 Secondary Road Construction Program. A county map showing tentative secondary road paving projects is posted in the courthouse. • • • • • „ . BOARD OF TRANSPORTATION RATING SHEET FOR UNPAVED SECONDARY ROADS DEPARTMENT OF TRANSPORTATION -.DIVISION OF HIGHWAYS 1985-1986 . . . COUNTY SR No. From Road No. to Road No. Length miles ' Local Name • I. LAND USE AND PUBLIC SERVICE CHARACTERISTICS 4. Homes (6 pts. per home - seasonal homes 3-pts.) . ......... ..• 2. Schools (10 pts. per school) ' ___ 3. Churches (10 pts. per church) 4. Businesses (5 pts. per business) , 5. Industries (5 pts. per industry) _ . 6. Recreational Facilities (Public and/or Non-Profit) - ------ (5 pts. per facility) . 7. Sub-Total 8. Sub-Total divided by a length of not less than one mile II. TRAFFIC CHARACTERISTICS . 9. School .04 Route 00 Pt4r) .:.. . .. ... _ -- , 10. Average Annyal 244ctur Traffiivaiiiinle - , ,..„,, , - 11, TOTAL . /..”. —• "- . - ' --": -?'"'?" **'• - - - 4-:"..2^.:-- . • P..?:.- . _ . . .. . .• . . _ . . Iff. - ' - GENERAL ROUTE' CHARACTERISTICS . _ 12. The value of the road as a IyagItCatm - ltEr rfare - , "- Route (10 pts.) _ , _....., _ - .- . . '- - . • . , . - - - )1.10.,-;,- - - 13. TOTAL RATING (Item 2, + Iteall + Item la ........:..................- -- - . _ -, ... ----___ • . . ..„ AlZ4. * SERVICE AGREEMENT Orange COUNTY • THIS SERVICE AGREEMENT entered into as of the 30 day of June 19 85 , by and between COST CONTAINMENT, INC. a corporation incorporated under the laws Of the State of North Carolina with a place of business in Wake County, North Carolina (Commerce Building, Post Office Box 1661, Raleigh North Carolina 27602), hereafter referred to as Contractor, and Orange County a body corporate and politic, of Orange County, Hillsborough, - N.C. , hereafter referred to as County shall be valid for 12 months commencing the effective date hereof unless terminated pursuant to this agreement. • FOR AND IN CONSIDERATION OF SERVICE PAYMENTS and the mutual covenants and agreements herein set forth, IT IS STIPULATED AND AGREED: 1. SERVICE PAYMENTS: County agrees to pay to Contractor for service: (a) Fifty-five cents ($.55) per transaction per month. A trans- . action is the mailing of the correct amount and number of food stamp coupons (hereafter called coupons), correctly addressed and postage prepaid by the Contractor to a desig- nated client of the County, at an address furnished to the Contractor by the State (F.S.I.S.). The address to be in the form of an insert for a window envelope. (b) The cost of postage for each transaction in addition to the transaction fee. Postage cost will be itemized for the County each month. In the event the U. S. Postal Service increases the cost of the 1st Class mailing during the contract period, the increased costs of postage (to the Contractor) shall be borne by the County beginning with the month such increase occurs. • All monthly service payments shall be paid to Cost Containment, Inc. P. O. Box 1661, Raleigh, North Carolina 27602. Compensation at the rate set above to represent full and complete compensation for services render- ed under the terms of this agreement with total cost to the County not to exceed $ 6600. for the 12-month period covered by this agreement. • . . ,,,14" '' . . • . , Page 2 • SERVICE AGREEMENT - . II. SERVICE PROVIDED: Contractor agrees to provide the following — service to the County: . (a) Contractor will correctly mail, by First-Class mail, food stamp coupons (hereafter called coupons) to clients desig- nated by the County at the addresses furnished to the Con, tractor by the State. ,-' (b) Contractor will, within 24-hours of receipt of the same from - ' the County, make any and all changes of the mailing lists to ' . comply with the applicable changes submitted to ensure the ,,, correct mailing to clients at changed and corrected addresses. • (c) The Contractor will complete and deliver a-monthly FNS-250 , . report to the County for certification and forwarding to the State Office. The Contractor will complete a daily Cashier's Reconciliation Report (CDRR) and forward same to the County along with a copy of the issuance register. The Contractor , - shall also provide to the County such information needed by :', ''',, the County to complete reports as may be required. ,' (d) In order to deter thefts, Contractor will stagger the dates of mailing of coupons by date and zip code according to in- structions from the County. (e) Performance of service will be conducted in a manner to ensure • ti,, • the confidentiality of information; data, instruments, docu- ments, studies, and reports given to Contractor to use or pre- pare for the County. •': • III. Is/ABIL/TY: Inasmuch as the County is liable to the State of North Carolina for any unauthorized coupon issuances or coupon thefts and for any coupon shortages or losses for whatever cause, including, but not limited :,:,•1; to, loss due to erroneous mailings, the Contractor agrees that it shall be liable to the County in like manner and amount and shall hold the County pt,t, harmless from claims of the State arising from any such cause; the Contractor further agrees: (a) That it will maintain in full force and effect during the term of this contract, or any renewal or extension thereof, such in- surance or bond, and in such amount, as the County/City may re- -, quire to indemnify the County/City against any theft of coupons ',1'' • while they are in the actual or constructive possession of the Contractor, its agents and employees, and against any loss or shortage of coupons or other loss arising out of any actor omission of the Contractor, its agents and employees. :..7- (b) That if the County/City suffers any loss of any shortage or reduction in coupons by reason of any act or omission of the .1: Contractor, its agents or employees, the County/City, at its 1,.• election, may recover the value of its losses by requiring •:' that the Contractor pay the amount of such loss or by deduct- ing the amount of such loss from service payments due the . Contractor under this contract or both;- but in no event shall • ''', • the amount recovered by the County/City hereunder exceed its losses. , . . ._ ...._ . . . . . _... . _ . . . . • - • ' • Page 3 • SERVICE AGREEMENT IV. AUDITS AND PROCEDURES: As required the Contractor will allow on- site reviews, audits, and inspections by County/City, State, or Federal staff and comply with their procedural requirements. Any deviations from Federal or State guidelines and procedures by either Contractor or County/City must have bath the State office and FNS PRIOR approval. • V. DEFAULT AND TERMINATION: • (a) Upon default by County/City, Contractor shall determine and :t receive from County/City the sum due for services rendered. In the event Contractor shall be required to institute a suit • to collect any unpaid service payments due under this service agreement, Contractor shall be entitled to reasonable attorney's • • fees set by the Court which shall not be more than-15 per cent of the service payments so recovered by the Contractor from County/City. (b) Upon default by Contractor, County/City shall be entitled to • • • immediate termination of this agreement and, further, to liquidated damages in an amount equal to the sum of service • payments made by County/City to Contractor for the first month of service rendered under this agreement. County/city, however, is not limited to the amount of liquidated damages if the County/ City suffers damages in excess of the amount of liquidated damages determined as herein set forth. In the event County/ City shall be required to institute a suit to collect any damages for any amounts due under this agreement, County/ City shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of any amount recovered by County/City from Contractor. (c) Either party may terminate this agreement by giving to the other party hereto a written notice of its intention to terminate this agreement. This agreement shall be considered terminated upon the date set forth for termination of the agreement which shall be not less than 60 days from the service and delivery • of the notice. The parties hereto may agree to an earlier date of termination of the agreement. Contract may be terminated _ because of circumstances beyond control of Contractor - such . • as war, strikes, riot and/or natural disaster. ;• VI. SPECIAL PROVISIONS: ,• (a) It is understood and agreed between the Contractor and the County/City that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation or appropriation of necessary funds to the County/City by the Federal Government and the State of N.C. for the 1 purposes set forth in this agreement. ie. • * . . Page 5 SERVICE AGREEMENT . • -1 (i) The Contractor will be responsible for all County losses under the U.S.D.A. regulations for replacements for any quarter a'. • long as the administration abides by the following conditions: '-'- . - . - 1. All issuances for $300 or over shall be sent to the recipient by certified, first-class mail or is given • to the client by over-the-counter issuance. 2. Following a replacement, future issuances will be sent by certified, first-class mail or the client will . . report to the agency for over-the-counter issuance. . --- 3. The agency will report the list of monthly replace ments to the Contractor to be matched against the re- - turned mail. 4. The Postal cost of certified.mailings will be report- ed with the cost of postage. •,,• 5. One mail day will be selected by the County to repre- • sent all cases to be sent by certified, first-class mail. Another mail day will be used to identify all ,•- • cases to be sent to the agency for over-the-counter issuance. (The computer has ten mail days to be used e • for regular and special handling of issuances.) ,•' VII. AUTHORITY OF COUNTY/CITY: The official executing this agreement covenants that he or she has authority to execute this agreement on behalf of • the County/City of Orange , and approves the proposal submitted c • by the Contractor for the services to be rendered as set forth in Section II , , of this agreement. VIII: INDEPENDENT CONTRACTOR: Conformity with The Laws '1" . • (a) For all purposes of this agreement, the Contractor shall be deemed an independent Contractor, and neither the Contractor ,-: nor its agents or employees are or shall be deemed to be agents • or employees of the County/City or of the State of N. C. • and the Contractor shall hold and save harmless the County/City and the State of • N.C. - from the claims of third :-,- parties arising out of any act or omission of the Contractor, its agents or employees, in performance of this agreement. . (b) The Contractor shall pay all taxes, assessments, premiums • and fees and shall file all reports and returns required by ,, •law and arising out of its operations under this agreement. (o) The Contractor shall perform its obligations under this agree- ment in conformity with all applicable laws and regulations, • , Federal, State, or local. . . . Page 4 SERVICE AGREEMENT •• (b) County/City may, from time to time, require changes in the scope of the services of the Contractor to be performed under this agreement including but not, limited to .renewal or ex- tensions shall be incorporated in written amendments to this agreement. (c) Neither this agreement nor any part hereof which involves the specialized skill or expertise of the Contractor shall be assigned, subcontracted, or in any way transferred with- out the prior approval of the Contract Administrator (project • coordinator) and the State of N.C. (d) The authorized County/County official, Tom Ward is disignated as the Contract Administrator (project coordi- nator) for the County/City with responsibility for all matters relating to this agreement including but not limited to in- voice approval. However, any CHANGES in the scope of the ' agreement which will increase or decrease the Contractor's compensation shall not be effective until they have been ap- proved by the Contract Administrator and until they have been approved by the Contract Administrator and documented through a written amendment to this agreement. (e) Contractor shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CPR Part 60). (f) County/city officials, State Officials, Contract Coordinator, the Federal Grantor Agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records which are in' any way pertinent to this agreement for ,the pur- pose of making audit explanation, excerpts, and transcriptions. Contractor shall maintain all required records for three years after the County/City makes final payments and all, pending matters are closed. Contractor assures the County/City that the County/City, with the other officials and agencies men- tioned in this item (f), Section VI, of this agreement, shall have access to any and all books, documents, papers, and records of the Contractor for the purpose of audit, examination, ex- cerpts, and transcriptions. (g) Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165) (h) The County is granted the right to renew this contract for an • additional two years as long as the cost and the specifications remain the sam6. • .... _ . • tT* , f .: '_ j• . • . - • , Page Six .SERVICE AGREEMENT .• . IN WITNESS WHEREOF, the parties through their duly authorized representative, ' have caused this agreement to be executed in their respective names on the day and year first above written. 1 i , --.... w................ 41,. .... .._.. ... CHAIRMAN, BOARD OF COUNTY COMMISSIONERS - • OR AUTHORIZED COUNTY OFFICIAL • . ,. -. . Sworn and subscribed to before me this the 6- k4 day of 4 , 19 XS- .. t.,. ., . .,.. NOTARY 'BLIC MyCommissWnEmIkes11.448 ] • -. ATTEST: COST CONTAINMENT, INC. ' • . . , = BOARD rtiMER PRESIDENT: Robert G. Stewart • (CORPORATE SEAL) , - . . . "This instrament has been preaudited In the manner required by ibe Local Government • } • Budget and Fscal Contra, Act. • / • Finance Officer of Orange • . . . . ■ Dv-- • 018 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5, 1985 Action Agenda Item "Fego2, SUBJECT: PINEVIEW ROAD/PINEVIEW DRIVE (SR 2042-43I—PPP PROJECT DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: SUSAN SMITH PRELIMINARY ASSESSMENT ROLL CERTIFICATE OF MAILING PROCEEDINGS OF THE BOARD Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501-PURPOSE: To receive public comment on the Preliminary Assessment Roll for Pineview Road/Pineview Drive (SR 2042-43) . To confirm the Final Assessment Roll for the project . NEED: Public input on the preliminary Assessment Roll., filed with the Clerk to the Board and containing a tax description of each parcel of Land to be assessed, the basis for the assessment , the amount assessed against each parcel. of Land, the terms of payment and the name of the owner of each parcel. as can be ascertained from County tax records, is necessary to complete the program procedures for the project . The Clerk to the Board has filed a Certificate of Mailing which certifies that the notices of this public hearing and notices of individual assessments were mailed on or before June 21 , 1985. The amount to be assessed includes the local share of the construction costs and project administrative costs. The combined total specified on the adopted Assessment Resolution is $7,012.05. IMPACT: Upon close of the public hearing and confirmation of the Assessment Roll for the Pineview Road/Pineview Drive project, the Board can direct that the Assessment Roil be delivered to the Orange County Tax Collector for collection . RECOMMENDATION: Confirm the Assessment Roll . Accept the Certificate of Mailing offered by the Clerk . Direct the Tax Collector to collect the assessment . 01 .ASSESSMENT ROLL IN CONJUNCTION WITH T FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAY :.G NORTH CAROLINA STATE ROAD(S) #2042 AND #2043, ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, • IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the owners of said property, the assessment levied against each parcel of propert.; the basis for the assessment levied against said parcel and the terms of • payment of the assessment all set forth below, together with tax maps of the project, constitute the assessment roll for 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. BASIS FOR ASSESSMENT The basis for assessment against the property described below is frontage abutting the road at an equal rate per foot of frontage which represents the total local share of the cost of this project. TERMS OF PAYMENT OF ASSESSMENT A. Within thirty (30) days after notice of the confirmation of assessment rail is published each owner of assessed property may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the • assessment roll is confirmed, and the remaining installments, with -1- . - 020• interest, due on the same date in each •successive Year until the assessment is paid in full. Map, Property Owners • Amount of & M ailing_Ad dress Assessment. & Lot • 115A-5 Mettle james O'Neal $ 567.12 Pine View Estates Rt. 4 Chapel Hill, NC 27534 . 1.15A-6 Lillian Plummer $ 3.3 7-60 • • Rt. 4, Lot 20 Pineview Estates Chapel Hill, NC 27514 • 115A-8 Lorena Williams Johnson $ 346.?0 18 Pineview Estates Route 4 Chapel Hill, NC 27514 • . • • 115A-9 Teresa Tilley Garcia - $ 254.?0 Edgard() Garcia Rt. 4, Box 488 Sesame Rd. Chapel Hill, NC 27514 USA 32 Edward Weintraub P.O. Box 1354 514 .0 Chapel Hill, NC 27514 SOLD 4/26/85 TO Durham Lewis Rt. 12 Box 38 Chapel Hill, NC 27514 • 315A...13 Christopher E. Cook Shirley Cook 316.20 P.O. Box 1338 Lake Pina Soffkee, Florida 33538 115A-14 Carlton G. Davis $ 367.20 Norma M. Davis Rt. 4 Pineview Estates Chapel Hill, NC 27514 115A-15 Eugene C. Cole Louise Cole 33 Pineview Estates Route 4 $ 335. 17 is • -2- • • • 021. • • • Cl n pel Hill, NC 27514 • • 135A-16 Michael Moore $ 787.67 Rt. 4 Pineview Estates Lot 12 Chapel Hill, NC 27514 115A-17 John Walter Yow $ 405.90 . Betty Sue Yow Rt. 4, Box 478 - Chapel Hill, NC 27514 • 115A-18 George E. Carter, Jr. $ 137.09 Susan C. Carter Pineview Estates • Chapel Hill, NC 27514 11' A .19 Melvin J. Emory . .$ 178.03 Dorothy Emory P.O. Box 2671 • Chapel Hill, NC 27514 • • 115A,..20 Jesse James Williams ' $ 509.06 • Rt. 4, Lot 8 Pineview Estates Chapel Hill, NC 27514 • • 1.15A-21 Robert S. Campbell $ 350.88 Supatra Campbell 105 Lexington Road Chapel Hill, NC 27514 115A..22 Charles H. James $ 367.20 Betty B. James Rt. 12, Box 31 Lexington, NC 27292 115A. .10 Paul Baldwin $ 854.82 Betty Baldwin 19 Pineview Estate Chapel Hill , NC 27514 115A. . 11 Billy Ray Plummer $ 580.9'2 Pineview Estates Lot 20 Rt. 4 Chapel Hill , NC 27514 —3— • - . ,- k 1 ., . -- Ant/4E15 11/7/65 ..,_ ASSESSMENT ROLL IN CONJUNCTION WITH THE FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE CCST OF PAVING NORTH CAROLINA STATE ROAD(S) #2042 AND 42043, ' ALSO KNOWN AS PINEVIEW ROAD AND PINEVIEW DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the owners of said property, the assessment levied against each parcel of property, the ...f.:. . basis for the assessment levied against said parcel and the terms of payment of the assessment an set forth below, together with tax maps of the project, constitute the assessment roll for the paving of North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Tow nship, Orange County, North Carolina. BASIS FOR ASSESSMENT The basis for assessment against the property described below is frontage abutting the road at an equal rate per foot of frontage which represents the total local share of the cost of this project,. TERMS OF PAYMENT OF ASSESSMENT . A. Within thirty (30) days after notice of the confirmation of , assessment roll is published each owner of assessed propertli may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be , ''.'.• paid in five (5) equal annual installments with the first such • installment, with interest, due sixty (60) days after the date that the ... assessment roll is confirmed, and the remaining installments, with • V -1- , - _ . '• _ . . _ . _ _ _ interest, due on the same date in each 'successive year until the assessment is paid in full. Map, Property Owners Amount of Block & Mailing Address Assessment &. Lot 115A...5 Mettle James O'Neal $ 567.12 Pine View Estates Rt. 4 Chapel Hill, NC 27514 115A..6 Lillian Plummer $ 387.60 Rt. 4, Lot 20 Pineview Estates Chapel Hill, NC 27514 115A-8 Lorena Williams Johnson $ 346.90 18 Pineview Estates Route 4 Chapel Hill, NC 27514 • 115A. .9 Teresa They Garcia $ 254.90 Edgardo Garcia Rt. 4, Box 488 Sesame Rd. Chapel Hill, NC 27514 135A..12 Edward Weintraub P.O. Box 1354 254._0 Chapel Hill, NC 27514 SOLD 4/26/85 TO Durham Lewis Rt. 12 Box 38 Chapel Hill , NC 27514 115A..13 Christopher E. Cook Shirley Cook 316.20 P.O. Box 1338 Lake Pine Soffkee, Florida 33538 115A..14 Carlton G. Davis $ 367.20 Norma M. Davis Rt. 4 Pineview Estates Chapel Hill, NC 27514 1I5A..15 Eugene C. Cole 1 335. Louise Cole 7 13 Pineview Estates Route 4 • • • Chapel Hill, NC 27514 115A-16 Michael Moore $ 787.67 Rt. 4 Pineview Estates Lot 12 Chapel Hill, NC 27514 115A..17 John Walter Yow • Betty Sue Yow $ 405.90 Rt. 4, Box 478 Chapel Hill, NC 27514 115A-18 George E. Carter, Jr. • $ 137.09 Susan C.. Carter 10 Pineview Estates Chapel Hill, NC 27514 115A..19 Melvin J. Emory $ 178.03 Dorothy Emory P.O. Box 2671 Chapel Hill, NC 27514 1.15A,..20 Jesse James Williams $ 509.06 Rt. 4, Lot 8 Pineview • Estates • Chapel Hill, NC 27514 115A. .21 Robert S. Campbell 350.8B Supatra Campbell 105 Lexington Road • Chapel Hill, NC 27514 115A-22 Charles H. James $ 367.20 Betty B. James Rt. 12, Box 31 • LexinabDn, NC 27292 115A. .10 Paul Baldwin $ 864.82 • Betty Baldwin 19 Pineview Estate Chapel Hill , NC 27514 115A. . 11 Billy Ray Plummer $ 589.!”) Pineview Estates Lot 20 • Rt. 4 Chapel Hill , NC 27514 -3- 130.8.7C Bruno A. Niemitz $ 865.47 Anna B. Niemitz 22 Brandon Road Chapel Hill, NC 27514 130.B.7D Stephen K. Powers $ 865.47 Michelle T. Powers Rt. 7, Box 251-A Chapel Hill, NC 27514 130.8.8 Chapel Hill/Carr boro YMCA $ 865.47 P.O. Box 844 Chapel Hill, NC 27514 130.B.34 Arthur L. P. Brown $ 865.47 Margaret C. Brown Rt. 7, Box 251-B Chapel Hill, NC 27514 • -3-- 028 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5, 1985 Action A9ada SUBJECT: CLEARWATER LAKE ROAD (SR 1918) — PPP PROJECT Item �` � err DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: SUSAN SMITH PRELIMINARY ASSESSMENT ROLL CERTIFICATE OF MAILING PROCEEDINGS OF THE BOARD Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill - 988-4501 PURPOSE: To receive public comment on the Preliminary Assessment Roll for Clearwater Lake Road (SR 1918) . To confirm the Final Assessment Roll for the project. NEED: Public input on the preliminary Assessment ROLL, filed with the Clerk to the . Board and containing a tax description of each parcel of Land to be assessed, the basis for the assessment, . the amount assessed against each parcel of Land, the terms of payment and the name of the owner of each parcel as can be ascertained from County tax records, is necessary to complete the program procedures for the project . The Clerk to the Board has filed a Certificate of Mailing which certifies that the notices of this public hearing and notices of individual assessments ware mailed on or before June 21 , 1985. The amount to be assessed includes the Local share of the construction costs and project administrative costs. The combined total specified on the adopted Assessment Resolution is $9,520.17. IMPACT: Upon close of the public hearing and confirmation of the Assessment Roll for the Clearwater Lake Road project, the Board can direct that the Assessment Roll be delivered to the Orange County Tax Collector for collection . RECOMMENDATION: Confirm the Assessment Roll . Accept the Certificate of Mailing offered by the Clerk. Direct the Tax Collector to collect the assessment . The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Orange County Courthouse, in Hillsborough, North Carolina, the regular place of meeting, at 7:30 o'clock p.m. on August 5, 1985. Present: Commissioner Moses Carey, Commissioner Ben Lloyd, Commissioner Shirl Marshall, Commissioner Norman Walker and Donald Willhoit, Chair Absent: ************************************************************************** The Chair announced that this was the hour and day fixed by the Board of Commissioners for the Public Hearing on the 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 #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. The Chair also announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the Preliminary Assessment Roll. Various persons appeared and were recognized and heard on the said Preliminary Assessment Roll. Those recognized and the essence of their comments were recorded by the Clerk to the Board of Commissioners in the minutes of the Board. Thereupon, upon Motion of Commissioner Carey seconded by Commissioner Marshall and carried, the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road #1938, also known as Clearwater Lake Road, in • Chapel Hill Township, Orange County, North Carolina, was confirmed in toto. • The vote upon confirmation of the assessment made against each property owner was: Ayes: Unanimous Noes: Upon motion of Commissioner Carey seconded by Commissioner marshall and unanimously approved, the Clerk to the Board was directed to enter into the minutes of the Board the confirmation date, hour, and minutes. Thereupon, the Clerk to the Board entered the confirmation effective 9:32 o'clock "p_.m., the 5th day of August, 1985. Upon motion of Commissioner Carey , seconded by Commissioner marshal' and unanimously approved the Clerk to the Board was directed to deliver a copy of the confirmed Assessment Roll to the Orange County Tax Collector. Upon motion of Commissioner Carey , seconded by Commissioner Marshall and unanimously approved, the Orange County Tax Collector was directed to publish once, a Notice, no earlier than 20 days from the date of confirmation as herein set forth, that the 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, has been confirmed and that assessments may be paid without interest at any time before the expiration of 30 days from the day that the Notice is published and that if not paid within that time, all installments thereof shall bear interest in an amount equal to the interest on past due ad valorem taxes in Orange County. The Chair directed that said Notice shall be published in the Durham Morning Herald. Said Notice shall be in substantially the following form: NOTICE OF CONFIRMATION OF ASSESSMENT ROLL FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COS'IS OF PAVING NORTH CAROLINA STATE ROAD #1918, ALSO KNOWN AS CLEARWATER LAKE ROAD, LOCATED 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 confirmed the Assessment Roll for the financing by Orange County of the kcal 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, in Coto . The specifics of any adjustment made are in the minutes of the Orange County Board of Commissioners for its meeting on August 5, 1985. T.he confirmed Assessment Roll reflects any adjustment. Pursuant thereto: 1. The Board of Commissioners of the County of Orange, North Carolina, met in regular session in the Orange County Courthouse, in Hillsborough, North Carolina, at 7:30 o'clock p.m. on August 5, 1985. 2. The Chair announced that this was the hour and day fixed by the Board of Commissioners for the Public Hearing on the Preliminary Assessment Roll pursuant to the Board's decision 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, North Carolina. 3. All persons attending and wishing to be heard were recognized by the Chair and were heard. 4. The Board confirmed the Assessment Roll and directed its delivery to the Orange County Tax Collector. 5. The assessments confirmed by the Board may be paid without interest at any time before the expiration of 30 days from the date of the publication of this Notice. If not paid within this time, all installments thereof shall bear interest at the rate set for past due Orange County ad valorem taxes. John T. Horner, Tax Collector for Orange County, North Carolina I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held on August 5, 1985, as 'relates. in any way to the confirmation of the 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. f � \ � Beverly Blythe, Clerk to the Board of ( Commissioners of Orange County, [ North Carolina { (SEAL) ( � � { . � . . � � 029 . ASSESSMENT ROLL IN CONJUNCTION WITH THE FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD #1918, AISO NOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the .owners of said property, the assessment levied against each parcel of prop:Irty, the basis for the assessment levied against said parcel and the terms of payment of the assessment all set forth below, together with tax maps of the project, constitute the assessment roll for, the paving of North Carolina State Road #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. • BASIS FOR ASSESSMENT The basis for assessment against the property described below is an equal amount per tax parcel which represents the total local share r-• of the cost of this project. TERMS OF PAYMENT OF ASSESSMENT - A. Within thirty (30) days after notice of the confirmation of assessment roll is published each owner of assessed property may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment roll is confirmed, and the remaining installments, with -1- ( 030 interest, due on the same date in each successive year until the assessment is paid in full. Map, Property Owners Amount of Block & Mailing Address • Assessment & Lot 128.C.8 Earl Walker $ 865.47 200 Estes Drive Chapel Hill, NC 27534 128.C.8A Jack H. and Suellen Dean $ 865.47 Rt. 7, Box 251E Clearwater Lane Chapel Hill, NC 27514 • 330.8.6 Tai-Chan Peng $ 865.47 • Li-Hia Peng Route 7 • Clearwater Lake Road Chapel Hill, NC 27514 130.B.6A Charles W. Marlow and $ 865.47 Joseph Brugnolotti Rt. 7 Clearwater Lake Road Chapel Hill, NC 27514 • 130.B..7 Masaya Koniski $ 86547 Julie Wong Rt. 7, Box 251-G Chapel Hill, NC 27514 130.B.7A Raymond E. Richardson Jean Richardson 865-..47 Rt. 7, Box 25IB Chapel Bill, NC 27514 • 130.13.73 • Philip Earl Walker $ 865.47 Laura Walker Rt. 7, Box 251-C Chapel Hill, NC 27514 • , . m•.. f 031 130.B.7C Bruno A. Niemitz $ 865.47 Anna B. Niemitz 22 Brandon Road Chapel Hill, NC 27514 330.8.7D Stephen K. Powers $ 865.47 Michelle T. Powers Rt. 7, Box 251-A Chapel Hill, NC 27514 130.B.8 Chapel Hill/Carrboro YMCA $ 865.47 P.O. Box 844 Chapel Hill, NC 27514 130.B.34 Arthur L. P. Brown $ 865.47' Margaret C. Brown Rt. 7, Box 251-B Chapel Hill, NC 27514 -3-- CERTIFICATE OF MAILING I, Beverly Blythe, Clerk to the Board of Commissigas of Orange County, North Carolina, DO HERESY CERTIFY that on or about „ 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 etl-day of Q. i985 Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina " 033 The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Orange County Courthouse, in Hillsborough, North Carolina, the regular place of meeting, at 7:30 o'clock p.m. on August 5, 1985. Present: at Absent: ************************************************************************** The Chair announced that this was the hour and day fixed by the Board of Commissioners for the Public Hearing on the 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 #1918, also known as Clearwater Lake Road, in Chapel Hill Township, Orange County, North Carolina. The Chair also announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the Preliminary Assessment Roll. Various persons appeared and were recognized and heard on the said Preliminary Assessment Roll. Those recognized and the essence of their comments were recorded by the Clerk to the Board of Commissioners in the minutes of the Board. Thereupon, upon Motion of Commissioner , seconded by Commissioner and carried, 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, in ungszzammir. 4,74 034 Chapel Hill Township, Orange County, North Carolina, was confirmed • • The vote upon confirmation of the assessment made against each property owner was: Ayes; Noes: Upon motion of Commissioner seconded by Commissioner and unanimously approved, the Clerk to the Board was directed to enter into the minutes of the Board the confirmation date, hour, and minutes. Thereupon, the Clerk to the Board entered the confirmation effective o'clock .m., the 5th day of August, 1985. Upon motion of Commissioner seconded by Commissioner and unanimously approved the Clerk to the Board was directed to deliver a copy of the confirmed Assessment Roll to the Orange County Tax Collector. Upon motion of Commissioner , seconded by Commissioner and unanimously approved, the Orange County Tax Collector was directed to publish once, a Notice, no earlier than 20 days from the date of confirmation as herein set forth, that the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road 41918, also known as Clearwater Lake Road, located in Chapel Ern. Township, Orange County, North Carolina, has been confirmed and that assessments may be paid 035 without interest at any time before the expiration of 30 days from the day that the Notice is published and that if not paid within that time, all installments thereof shall bear interest in an amount equal to the interest on past due ad valorem taxes in Orange County. The Chair directed that said Notice shall be published in the Durham Morning Herald. Said Notice shall be in substantially the following form: • NOTICE OF CONFIRMATION OF ASSESSMENT ROLL FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD #1938, ALSO KNOWN AS CLEARWATER LAKE ROAD, LOCATED 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 confirmed the 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, •in Chapel Hill Township, Orange County, North Carolina, . The specifics of any adjustment made are in the minutes of the Orange County Board of Commissioners for its meeting on August 5, 1985 . The confirmed Assessment Roll reflects any adjustment. Pursuant thereto: I. The Board of Commissioners of the County of Orange, North Carolina, met in regular session in the Orange County Courthouse, in Hillsborough, North Carolina, at 7:30 o'clock p.m. on August 5, 1985. 2. The Chair announced that this was the hour and day fixed by the Board of Commissioners for the Public Hearing on the Preliminary Assessment Roll pursuant to the Board's decision to finance the local _.- ■ , 036 share of the cost of. paving North Carolina State Road 0919, also known as Clearwater Lake Road, located in Chapel Hill Township, Orange County, North Carolina. 3. All persons attending and wishing to be heard were recognized by the Chair and were heard. 4. The Board confirmed the Assessment Roll and directed its delivery In the Orange County Tax Collector. 5. The assessments confirmed by the Board may be paid without pinuteblicresattioatn aonfythtiimseNboeticefor.e tIhfe noextpirpaaitidonwiotfhi3n0 thdaisystifrmeom alitheidnsatI:mfetnhtse thereof shall bear interest at the rate set for past due Orange County ad valorem taxes. John T. Horner, Tax Collector for Orange County, North Carolina I, Beverly Blythe, Clerk to the Board of Cornmlisioners for the County of Orange, North Carolina, do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held on August 5, 1985, as relates in any way to, the confirmation of the 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. _ . 037 Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) "0424 G//o/g5 Merod 04) • kili5ed 71171K ottec.....4-44194reamecnizt) ASSESSMENT ROLL IN CONJUNCTION WITH THE FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD #1912, ALSO KNOWN AS CLEARWATER LAKE ROAD, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the owners of said property, the assessment levied against each parcel of property, the basis for the assessment levied against said parcel and the terms of payment of the assessment all set forth below, together with tax maps of the project, constitute the assessment roll for the paving of North Carolina State Road #19113, also known as Clearwater Lake Road, in • Chapel Hill Township, Orange County, North Carolina. • BASIS FOR ASSESSMENT The basis for assessment against the property described below is an equal amount per tax parcel which represents the total local share of the cost of this project. TERMS OF PAYMENT OF ASSESSMENT A. Within thirty (30) days after notice of the confirmation of assessment roll is published each owner of assessed property may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date that the assessment roll is confirmed, and the remaining installments, with -1- interest, due on the same date in each successive year until the assessment is paid in full. Map, Property Owners Amount of Block & Mailing Address Assessment & Lot 128.C.8 Earl Walker $ 865:47 200 Estes Drive Chapel Hill, NC 27514 128.C.8A Jack H. and Suellen Dean $ 865.47 Rt. 7, Box 251E Clearwater Lane Chapel Hill, NC 27514 130.B.6 Tai-Chan Peng $ 865.47 Li-Hia Peng Route 7 Clearwater Lake Road Chapel Hill, NC 27514 130.B.6A Charles W. Marlow and $ 865.47 Joseph Brugnolotti Rt. 7 Clearwater Lake Road Chapel Hill, NC 27514 • 130.B.7 Masaya Koniski $ 865.47 Julie Wong Rt. 7, Box 251-G Chapel Hill, NC 27514 130.B.7A Raymond E. Richardson Jean Richardson 865-.-47 Rt. 7, Box 251B Chapel Hill, NC 27514 130.B.7B Philip Earl Walker $ 865,47 Laura Walker- Rt. 7, Box 251-C Chapel Hill, NC 27514 -2- LEASE AGREEMENT RENEWAL NORTH CAROLINA ORANGE COUNTY 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, MAW, for space to be used as a Day Care Center at the Northside Multipurpose Center, Chapel Hill, • WHEREAS, The LESSOR, and the TENANT wish to renew the lease agreement as amended. NOW, THEREFORE, ussoR 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 a reed to, the /f7A day of 1984. LESSOR: Orange County BY: /. Don Wilihoit Chairman, Orange County Board of Commissioners / ATTEST: ..‘• TENANT: The Community School for People Under Six CERTIFICATE OF MAILING O2 Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina, DO HEREBY CERTIFY that on or about S1985, 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 for the financing by Orange County of the local share of the cost of paving North Carolina State Road #3.918, also known as Clearwater Lake Road, located in Chapel Hill Township, Orange • CQUnty, 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 Z.-a.. day of 3985- • Pel.);Seot mar Jin7 Beverly Blythe, Clerk to the Board of J 4?./.21;64. Commissioners of Orange County, North Carolina I • 023 The Board of Commissioners for the County of Orange, North - Carolina, met in regular session in the Orange County Courthouse, in Hillborough, North Carolina, the regular place of meeting, at 7:30 o'clock p.m. on August 5, 1985. Present: Absent ************************************************************************** The Chair announced that this was the hour and day fixed by the Board of Commissioners for the Public Hearing on the 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, in Chapel Hill Township, Orange County, North Carolina. The Chair also announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the Preliminary Assessment Roll. Various persons appeared and were recognized and heard on the said Preliminary Assessment Roll. Those recognized and the essence of their comments were recorded by the Clerk to the Board of Commissioners in the minutes of the Board. Thereupon, upon Motion of Commissioner , seconded by• Commissioner and carried, the Preliminary Assessment Roll for the financing by Orange County of the kcal share of the cost of paving 7 024 North Carolina State Road(s) #2042 and #2043, also known as Pineview Road and Pineview Drive, in Chapel Hill Township, Orange County, North Carolina, was confirmed The vote upon confirmation of the assessment made against each property owner was: Ayes: Noes: Upon motion of Commissioner , seconded by Commissioner and unanimously approved, the Clerk to the Board was directed to enter into the minutes of the Board the confirmation date, hour, and minutes. Thereupon, the Clerk to the Board entered the confirmation effective o'clock .m., the 5th day of August, 1985. Upon motion of Commissioner , seconded by Commissioner and unanimously approved the Clerk to the Board was directed to deliver a copy of the confirmed Assessment Roll to the Orange County Tax Collector. Upon motion of Commissioner , seconded by Commissioner and unanimously approved, the Orange County Tax Collector was directed to publish once, a Notice, no earlier than 20 days from the data of confirmation as herein set forth, that the 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 • 7, 025 Township, Orange County, North Carolina, has been confirmed and that assessments may be paid' without interest at any time before the expiration of 30 days from the day that the Notice is published and that•, if not paid within that time, all installments thereof shall bear interest in an amount equal to the interest on past due ad valorem taxes in Orange County. The Chair directed that said Notice shall be published in the Durham Morning Herald. Said Notice shall be in substantially the following form: NOTICE OF CONFIRMATION OF ASSESSMENT ROLL FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE CASTS 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 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 confirmed the 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, in Chapel Hill Township, Orange County, North Carolina, The specifics of any adjustment made are in the minutes of the Orange County Board of Commissioners for its meeting on August 5, 1985. The confirmed Assessment Roll reflects any adjustment. Pursuant thereto: 1. The Board of Commissioners of the County of Orange, North Carolina., met in regular session in the Orange County Courthouse, in Hirkborough, North Carolina, at 7:30 o'clock p.m. on August 5, 1985. 2. The Chair announced that this was the hour and day fixed - - O26 by the Board of Commissioners for the Public Hearing on the Preliminary Assessment Roll 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, located in Chapel Hill Township, Orange County, North Carolina. 3. All persons attending and wishing to be heard were recognized by the Chair and were heard. 4. The Board confirmed the Assessment Roll and directed its delivery to the Orange County Tax Collector. 5. The assessments confirmed by the Board may be paid without interest at any time before the expiration of 30 days from the date of the *4: 5 publication of this Notice. If not paid within this time, all installments thereof shall bear interest at the rate set for past due Orange County ad valorem taxes. John T. Homer, Tax -Collector for Orange County, North Carolina I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held on August 5, 1985, as relates in any way to the confirmation of the 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. conesser 027 Beverly Blythe, Clerk to the Board of Commissioners of Orange County, North Carolina (SEAL) 123 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5. 1995 Action ,Agende Item #(Jin SUBJECT: REQUEST FOR AMENDMENT TO A CONDITION OF THE CLASS A SPECIAL USE PERMIT FOR WEST TEN MOBILE PARK DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : SUSAN SMITH LETTER FROM APPLICANTS CONDITIONS OF APPROVAL Telephone Numbers Hillsborough — 732-9181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider a request from Darrell Garrett and Waylon McFarland for modification of the conditions of approval for the Class A Special Use Permit for West Ten Mobile Park granted by the Board on July 1 , 1985. NEED: The applicant is requesting that the Board amend the conditions of approval for West Ten Mobile Park to allow for a natural base trail system given the Length, estimated use and cost of construction . The condition of approval addressing the trail system is condition #13 which references the May 23, 1985 recommendation of the Recreation Department Director for a "rock dust" composition for the trails. Section 8.7.1 a) of the Orange County Zoning Ordinance provides that a change in an imposed condition shall constitute a modification and be subject to consideration through a public hearing process . IMPACT: Consideration of the request through the public hearing process would require that advertisement and notification procedures be complied with and would subject the request to comment at public hearing with subsequent consideration by both Boards for recommendation and approval . 124 PAGE TWO AUGUST 5, 1985 The applicants are requesting a change in the construction materials only, not the Length or Location of the trail system. The proposed recreation facilities (including the trail system) exceed the minimum recreation space requirement for this district by 95%. A request of this nature may more reasonably be construed as a clarification of an imposed condition subject to immediate Board action . RECOMMENDATION: As the Board decides. • 125 • EST TEN ::* ARK TO: ORANGE COUNTY PLANNING l30,:•,RD FROM: WEST TEN PARN(NATURE TRAILS). • In an effort to construct a mobile home park offering a quality environment for the residents, the design includes 2,200 feet of jogging and pedestrian trails indicated by :mall squares (0000). This 2,200 foot trail will be used in travel to mail boxes and bus sp from each unit and should have 72 inch wide mulch base. We respectfully request the nature/jogging trails located on north side of property consisting over 3,300 feet of trails indicated by small circles (OchiND) be allowed to remain heavily grassed and mowed in its present natural state. Sincerely, • £ 1 • D rTi) • 12 • • PD-3-85 WEST TEN BILE PARK 11. Mailboxes which are clustefed shall be provided close, to ' en':-rance, but far enou .. 1 into the development to 17yee'..er:" traffic preblems on West Ten . Road. A pull-off e • provided and the mailboees set back off the main roads. The entrance roads and pull-offs shall, b of sufficient width to alfew three or four cars to stoe, ar-el get mail while others continue to pass. . The mailboxes shell located in a place that would require cars to cros make unnatural turns or go against the flow of Cluster mailboxes shall be located outside of sight trieelee for entrancel•ays. • 12. Prior to the initiation of construction activity, fie approval by the Orange County Health Department of the well ae: septic systems must be obtained. 13. The recreation areas shall be constructed as provided in the application and submitted site plan. The pedestrian paths and nature trail serving the individual units and the recreation areas shall be a minimum of 72 wide and be composed of surface materials recommended by the Orange County Recreation Department. A pedestrian crossing shall be provided to the nature trail at the north-east corner of tl-,e residential cluster. 14. That all signs be erected in compliance with Article 9 EL". . following issuance of a building permit and prior to issuance of a Certificate of Occupancy for any unit. No sf may be erected within the sight triangles for the entrance '. to the development. 15. Grading on the site shall be kept to a minimum'. In lieu planted landscaping, existing vegetation, shall be maintai, between units. 16. All plans for drainage, soil erosion and sedimentation conf shall be reviewed and approved by Orange County. In addle.: Orange County shall inspect the installation of control dee _ and the on-going work for the total project. The project s'- .1 at all times meet the requirements of the Orange County ii Erosion and Sedimentation Control Ordinance. 17. The project must remain in unitary ownership and no lots cia be sold to individuals. 18. A unit numbering system and corresponding unit location shall be filed with the Planning Department prior to the issuance of any building permit. This system shall be used in obtei-eine and issuing any building permit. Any change in the unit • 127 c @range Ctaucatu atcrzutirn-atth Parks Emu-btu:tit :14 AL - ‘1103-81*, 300 West Tryon Street „V . - Or HILLSBOROUGH.MC.732781 Life.Be"Wt. MEY.ARANDUlts • TO: Susan Smith,. Planner • . MHz Mazy Ana& Blak,. Director...117A DATE:. May 23,. 1.985 REt Development: Projects — Review of Planned Recreation/Open Space. as • - As indicated: bryour- memo dated. May- 3rdthe following four (4) development • projects are subject to courtesy review and comment by the Orange County Recreation and Parks Advisory- Council:. • Scotswood (A. H. and J. Graham) - rezoning from Residential - 1 to . Residential - 2 and Residential - 4. . - James t, Freeland, - rezoning from Residential -. 1 to Residential - 4. • Chandler's Green. - planned development/rezoning fram Residential - 1 to Residential -- 2.. -- West Ten Mobile Rome Park - planned. development - housing (Residential - 1) Also indicated in your memo, recreational requirements for straight re-zonings (the Scotswood and Freeland projects) are applicable at densities of five. (5) or- more units per acre. These two (2) projects are thus not subject to requirements providing for recreational space facilities. I also understand that Chandler's Green and West Ten Mobile Home Park are planned developments (housing) and are subject- to recreational requirements for recreational space. I fee/ it is important that the Orange .County Recreation and Parks Advisory Council be apprised of these proposed developments and their plans for provision of recreational space facilities. The Council, however, does not hold its next monthly meeting until Tuesday, June 4th, one week after the May 28th public hearing. As I have only recently begun my position as Director of Orange County Recreation and Parks Department, staff comments concerning the recreational concerns of these two (2) proposed developments are limited: Chandler's Green - Accessibility Developer seems to have considered appropriate central location of the recreation area and has proposed adequate pedestrian pathways to recreation facilities. These pathways should be com§acted, "rock dust" material, laid 4-6", approximately 72" in width with no more than the maximum slope requirement for handicapped purposes/ access. Staff also recommends extension of the proposed pathway, Hillsborough, 732-9361 • Durham, 688-7333 * Chapel Hill, 968-4501 • Mebane, 227-2032 • to entwine throughout the recreation., site providing for leisure pursuits- supplemental to just entrance/access walkways (i.e. nature/ jogging/bicycle trail loop, extending beyond picnic shelter area). — Other Amenities Park benches located at tot lot area and strategically placed along the pathway should be considered. West Ten Mobile Home Park. -- Accessibility Developer seems- to have considered appropriate location of the recreation • area and has proposed adequate pedestrian pathways to the rec facilities. Pathways should be of material, width and Slope as noted above. — Other amenities Park benches strategically located along jogginenature path should beconsidered. Please be advised that these two proposed developments will be addressed at the- next Orange County Recreation and Parks Advisory Council meeting, June 4th. I would request that any specific concerns/comments of the . Council be considered as conditions of final approval by the Planning Board. MAB/pbl • CC: Lorraine H. Parker-, Chair, Advisory Council Brian E. Cox, Supervisor, Southern Service District D. Lynn Toreson, SupeLvisor, Western. Service District • • 129 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5. 1985 Action Agenda Item # L.44 SUBJECT: ADVERTISEMENT OF PROPOSED ZONING ORDINANCE TEXT AND ATLAS AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No • Attachment(s) Information Contact : SUSAN SMITH LEGAL NOTICE Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To review the legal advertisement for matters to be presented to public hearing on August 26 , 1985. NEED: The Board of Commissioners has expressed a desire to review any proposal for text amendments to the County Ordinances and the Legal. notices advertising the same prior to advertisement . The Planning Staff is proposing several ordinance amendments including: * revisions to Article 6 Application of Djmenstenal. Requi- rements to revise the impervious surface ratio requirements to reflect State/Local Action Guidelines for the Fells of the Neuse and Jordan reservoirs. • revisions to Article 7 Planned Developments and Article 8 Special. Use Permits to consolidate the provisions of both articles and to amend the general standards to shift the burden of evidence to the applicant . • revisions to Article 6 Agajicatiori...loSi_mensionat Requirements to allow for alternative methods of controlling the first 1/2" of runoff in water supply watersheds . IMPACT: Review of the proposed advertisements would ensure that the legal notice of the public hearing is in a form that can be understood by persons not familiar with the subject. RECOMMENDATION: Accept as to form. MEMOMMormrmr J-Itz7 130 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING ORDINANCE REGULATIONS AND ATLAS OF ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 323 and Section 343, Article 20.5 and Article 20.8 of th Orange County Zoning Ordinance, notice is hereby given that a public hearin will be held in the Superior Courtroom of the Orange County Courthouse, 10 East Margaret Lane, Hillsborough , North Caroline on Monday, August 26, 1965 a 7:30 p .m . for the purpose of giving all interested citizens an opportunity t speak fv.r or against the adoption of proposed amendments to the Orange Count - Zoning Ordinance and Zoning Atlas . The amendments under consideration are as follows: 1 . Z-10-85 CORNWALLIS HILLS The property in question is Located west of SR 1069 (Old N.C. 86) and south of SR 1133 (Oakdale Drive) in Hillsborough Township . It is known as Block C part of Lot 1 on Orange County Tax Map 42 and Lots 3 through 26 on Orange County Tax Map 44A. The area to be rezoned contains 2,818,767.6 square feet or 64.71 acres . The present zoning of the property is Rural—Residential IR—1 ) . The applicant is requesting that the property be rezoned to. Residential-3 (R-3) . 2. SUP-1-85 BINGHAM SCHOOL INN The property in question is Located in the northeast quadrant of the intersection of NC 54 and SR 1007 ,(Mebane Oaks Road) in Bingham Township . It is known as Lot 19 on Orange County Tax Map 17. The area to be rezoned contains approximately 434,729 square feet or 9.88 acres. The present zoning of the property is Agricultural—Residential (A—R) . The applicant is requesting that a Class A Special Use Permit for a Non—Residential Reuse/Mixed Use of an Historic Structure be granted to allow the use of the property as a bed and breakfast establishment . 3. ZONING ORDINANCE TEXT ADMENDMENTS a. Amend Article 7 Planned Developments and Article 8 Special Use Permits to consolidate the provisions of the articles; to eliminate duplicate . requirements; and to amend the general standards to shift the burden of evidence to the applicant . b . Amend Article 6 Sections 6 .23.4 and 6 .24.6 _JAIRgjuiquE _Surtesed •noteeteciWatersedsh___ to revise the I 131 impervious surface area ratio requirements to reflect State/Local Action Guidelines for the Neuse and Jordan reservoirs. C. Amend Article 6 Sections 6.23.7 and 6.24.8 Infiltration of the First 1/2 inch of Runoff from Imnervious. Surfaces to allow for alternative methods of controlling the first 1/2 inch of runoff in water suppLy watersheds. ALL interested citizens are invited to attend this hearing and be heard. Changes may be made in the advertised proposals which reflect debate, objections and discussions at the hearing . Citizens unable to attend the hearing may express their views by writing to the Orange County Planning Department, 106 East Margaret Lane, Hillsborough, North Carolina 27278. For your concerns to be fully considered, they must be received by the Planning Department prior to the public hearing . Questions regarding the proposals should be directed to. the Orange County Planning Department . Copies of the proposed full amendments are available in the Planning Department for public review. The Planning Department is located in the New Courthouse, 106 East Margaret Lane, Hillsborough . Office hours are ' from 8:00 a.m . to 5:00 p .m. , Monday through Friday. MARVIN COLLINS, PLANNING DIRECTOR PUBLISH : August 14, 1985 August 21 , 1985 132 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 5, 1985 Action wide Item# SUBJECT: PLANNING SERVICES AGREEMENT WITH TOWN OF HILLSBOROUGH DEPARTMENT: PLANNING PUBLIC HEARING: _Yes X No ATTACHMENTS: CONTACT: Marvin Collins Planning Services Agreement TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel. Hill 967-9251 Durham 688-7331 Mebane 227-2031 PURPOSE: To consider approval of a Planning Services Agreement between the Town of Hillsborough and Orange County . NEED: At it's June 18, 1985 meeting, the Board of Commissioners authorized the inclusion of a Planner I position in the Planning Department 's 1985-86 budget proposal. The budget for the County, including that of the Planning Department, was subsequently adopted on July 3, 1985. The Planner I will provide planning assistance both to the Town of Hillsborough (21 .5 hours per week) and the County (18.5 hours per week) . Partial funding for the position is being provided by the Town ($12,500.00) , with the balance of $11 ,000.00 funded by the County. The Town of Hillsborough voted unanimously on May 28,1985 to enter into an agreement with the County for the provision of planning services. IMPACT: Execution of an agreement for planning services would commit to writing the terms and conditions that the Town and County have previously approved. An agreement would also satisfy the requirements of Chapter 160A, Article 20 (Interlace!. Cooperation) , of the General Statutes which permits one or more units of local government to enter into contracts and agreements with each other in order to execute any undertaking . ig+ts 133 .,„ The attached agreement detaiLs the responsibiLities of each party and has been reviewed and approved by the County Attorney. RECOMMENDATION: Approve agreement and authorize Chair to sign. 4.; .1r STATE OF NORTH CAROLINA COUNTY OF ORANGE PLANNING SERVICES AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE TOWN OF HILLSBOROUGH TII_!,4ApREEMENT, made and entered into this day of 1985, by and between the COUNTY OF ORANGE, a poli;Zat subdivision of the State of North Carolina, hereinafter referred to as the "COUNTY" and the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina, hereinafter referred to as the "TOWN": WITNESSET H: WHEREAS the Town has previously employed an individual on a part—time basis for the purpose of providing planning assistance, issuing various permits and serving advisory boards and commissions; and WHEREAS the Town is presently without the services of such an individual and the Orange County Planning Department (hereinafter referred to as the DEPARTMENT) has need of additional staff in connection with its duties of administering land use regulations and preparing development plans and programs ; and WHEREAS the Department is currently enforcing the Orange County Subdivision Regulations and North Carolina State Building Code within •the corporate limits and extraterritorial jurisdiction of the Town ; and WHEREAS Chapter 160A, Article 20, of the General Statutes of the State of North Carolina permits one or more units of local government to enter into contracts or agreements with each other in order to execute any undertaking; and WHEREAS it is the desire of the County and the Town to enter into an agreement, one with the other, whereby both would be able to secure staff assistance in the provision of planning services; NOW, THEREFORE, in consideration of the premises and mutual terms and agreements hereinafter set forth, the County and the Town do hereby agree, each with the other, as follows: 1 . The County shall recruit and select an individual who shall be' responsible far the provision of such services as are set forth in this agreement and as may be otherwise agreed to by the Town and the Department. Minimum education and experience requirements used in the recruitment and selection of an individual shall include graduation from college with a degree in planning or related subject, and one (1 ) to two (2) years experience in the administration of land development regulations and the preparation of Land use plans . 2. The individual selected shall, upon employment , be an employee of the County and shall be subject to all provisions of the County Personnel Ordinance and policies/procedures of the Department . The individual selected shell be classified as a Planner I (hereinafter referred to as the PLANNER) and shell be assigned to work as a member of the Department . The individual shall be compensated in accordance with the Pay and Classification Plan for the County and shall be entitled to all fringe benefits on the same basis as provided to other County employees. 3. The Planner shalt work for the Town an average of twenty—one and one—half (21-1/2) hours per week . The remaining time of eighteen and one—half (18-1/2) hours per week shall be spent working for the County . The Planner may work for either jurisdiction more than the average number of hours specified above, provided a schedule of work is prepared and agreed to by both the Department 's Director and the Town 's designated representative. In no event , however, shalt the total number of hours worked during the Agreement period exceed the average per week as specified above. 4. Work performed by the Planner shall be on an assignment basis, and time sheets shall be prepared daily for activities performed for the Town and the County. Work performed by the Planner for the Town may include, but not be Limited to , the following: a . Issue zoning permits for new construction , process rezoning requests before the Town Planning Board and conduct investigations/secure compliance as related to zoning violations; b . Issue Certificates of Appropriateness for construction within the Town 's historic district, and provide assistance to the Town Historic District Commission; c. Process variance and conditional use requests before the Town 's Board of Adjustment; d. Provide technical assistance to the general public and developers; ru. e. Provide assistance in the administration and enforcement of the Town 's Housing Code; f. Refer Legal, inquiries to the Town Attorney and/or Institute of Government; and g . Provide assistance in the administration and enforcement of the Town 's Flood Damage Prevention Ordinance . Activities to be conducted while working for the County shall be Limited primarily to the preparation of Land use • plans for "activity nodes" and "transition areas" surrounding the Town and as designated in the adopted County Land Use Plan . 5. The Town agrees to pay the County $12,500.00 of the amount required to provide salary , and fringe benefits for thd Planner. The County agrees to provide the balance of funding necessary . ALL fees collected by the Town from zoning permits as well as conditional, use, variance and other applications shall be retained by the Town . 6. The Town agrees to provide funding in it 's 1985-86 budget for operating expenses in connection with planning services for the Town as follows: Attorney fees $ 1 ,000.00 Tetephone/postage 600.00 Advertising 700.00 Travel 300.00 Supplies 1 ,000.00 The Planner shall be provided a specific work area within the Town 's municipal building. In addition , the Town shall provide clerical support for the Planner in connection with those duties related to Town business , including , but not Limited to, the typing of correspondence, and the recording and drafting of minutes . The Town shall also be responsible for the notification of property owners as related to condition use end variance requests , public hearings and meeting schedules . Such notification shall include the typing and mailing of said notices . Transportation shalt be provided by the Town when the Planner is performing Town duties . Where transportation cannot be provided, the Planner shall be reimbursed for the use of his/her personal vehicle at the current adopted mileage rate for the Town . 7. The County agrees to provide funding in it 's 1985-86 budget for operating and capital expenses in connection with planning services for the County as follows: Travel and training $ 285.00 Office furniture 725 .00 • Professional dues 40.00 The County agrees to provide a specific work area for the Planner in the Department and to provide transportation necessary for the performance of County duties . 8. General supervision of the Planner shall be the responsibility of the Department Director or his/her designee as related to County duties . Supervision as related to Town duties shall be the responsibility of the Town Clerk. Periodic evaluations of the Planner and the services provided shall be made by the Town Board and the Department Director or his/her designee and as agreed upon by the Town and the County. If the Town becomes dissatisfied with the quantity and/or quality of service provided, the Department Director shall have the opportunity of providing another Planner of equivalent or higher education and experience. If the Town objects to such replacement, the, matter shall be resolved between the Director and the Mayor or his/her designee . 9 .During the period of recruitment of an individual to serve as Planner, the County shall make available the services of Department Planning Interns who shall carry out those duties in connection with issuing permits and assisting Town boards and commissions. The Town shall reimburse the County for the cost of such interim assistance at a rate not to exceed $6 .96 per hour and not to exceed a total of twenty—one and one—half (21-1/2) hours per week . 10. This agreement shall exist and continue from JuLy 1 , 1985 to and including June 30, 198B, unless sooner terminated by thirty (30) days written notice to the other party . IN WITNESS WHEREOF, the County and Town have hereunto signed this Agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original . COUNTY OF ORANGE, NORTH CAROL A bi„,tlisti," By: DONALD G. iLLHOIT, Chair Orange County Board of Commissioners Attest : Beverly Blythe Clerk of the Orange County Board of Commissioners TOWN OF HILLSBOROUGH , NORTH CAROLINA By 4 0,A0774/ wry,,fee my - . . . .... . . . . . . " / . \ _ _ �( \ FRANK SHEFFIELD, Mayor -Attestz , . Town of Hit|sborough / � . .�■ mom ( Agatha Johson Town clerk of the Town of Hi Lsborough � � . . � � ƒ / \ . . \ � & . \ { � \ � \ . � \ . { �: , - C4'' • , 13$ ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT' Meeting Date: AUGUST 5, 1985 Action A Item . tie122. SUBJECT: SPECIAL PUBLIC HEARING — AUGUST 5, 1985 DEPARTMENT: PLANNING PUBLIC HEARING: _Yes X No ATTACHMENTS: Letter from PHE, Inc . CONTACT: Marvin Collins cv, • TELEPHONE NUMBERS: ... Hillsborough 732-8181 ,-* Chapel Hill 987-9251 Durham 888-7331 Mebane 227-2031 4'.. PURPOSE: To notify the Planning Board that the specia • l public hearing scheduled for August 5, 1985 has v.1 been cancelled at the request of the applicant , PHE, Inc . Y..'4 NEED: A special public hearing had been called for ,.f. August 5, 1985 to hear a rezoning request by PHE, Y Inc . The purpose of the request was to permit the expansion of the business at it 's present Location — N .C. 54 Near the Morrow Mill Road intersection . PHE has since notified Chair WiLlhoit • of the County Commissioners of it 's intention to relocate to ALamance County (see attached Letter) . Because of this decision , a public hearing will not be necessary . IMPACT: The decision on the part of PHE is regrettable in that a company will be relocating elsewhere . PHE, in it ' s Letter, did make an erroneous statement in regard to it 's decision . The Letter stated that "the way in which the planning department operates is not in tune with the businessmen of this county . " • It is regrettable that PHE viewed the Planning Department in such a tight . The Planning Director and Planner III [Current ) met with representatives of PHE on several occasions and suggested many ways in which the company could expand in accordance with County policies and ordinances . For PHE to view the department as not being "in tune" implies a Lack of 140 understa-ading of how County ordinances and policies are adopted and administered. The decision by PHE does emphasize, however, the need to develop a "pre—zoning" methodology. RECOMMENDATION: Advise the Board of Commissioners that the Planning Staff and Planning Board will give • higher priority to development of a pre—zoning strategy . • • REC'D JU L 17 1S4Poc8- , . PHE, INC • APPLE COURT, P.P. BOX 400 0 CARRBORO. NORTH CAROLINA 27510 ( 19) 92g.2143 July 8, 1985 141 Don Wilhoit Health & Safety Department B-5 Venable Hall 045A , University of North Carolina Chapel Hill, N.C. 27514 • Dear Don, After much investigation and deliberation on the part of the three major officers of our corporation, we regret to inform you that we have decided,to move to Alamance County. We have signed an option : on 40 acres of land, and provided that it perks ok for our type of operation, we hope to close the deal next week. We need to get started with our building and due to the limitation of the various options that were possible to us, we decided we did not want to gamble $1 million to $1.5 million in new building, not knowing whether or not we could build anything else in this area of Orange County in the future. As 1 told Moses Cry in a luncheon meeting 1 had with him after our meeting, 1 feel that the Commissioners need to take a very serious look at what the zoning laws will permit in this county and even more especially in the stringent limitations it places on our node out here on Highway 54. Many business people that 1 have talked to consider this to be the ideal spot for businesses of our type because of the good highway and the closeness to Chapel Hill. 1 feel that the Commissioners should seriously look into this problem and consider rezoning this node, inspite of the fact that we will no longer be here. Don, I really appreciate the consideration you have given us. 1 do feel, however, that the way in which the planning department operates is not in tune with the businessmen of this county. 1 have heard from quite a few now and they all express the same frustrations that we express. Silicerely, • //22,4■-le---- Frank Broome Executive Vice President FB/jd cc: Susan J. Smith / Planner . .... . . - ,-:'r--cART•5;Olta—Adanx and Eve, '-,-. ;. 1 . the mu;.-•aillion dollar mail order _. . i •••• . i ' business specializing in sexually , ., 1.42 ! --oriented products, will leave 0.,- i7.-•ange County within a v - aad 1 ! build a $2'.milliim f--, .., in ' -"Ala:mance County.' . • - ; ':•-..ext;rilsanclraintedOr-!?gethCeioruntr:Cointspato- i-! ny officials said problems with . , i ...‘county zoning regulations• had •:, prompted the move. • : - ..yire ran into all sorts id zoning _ . . • • . "problerns,".' said' RiChard -W. .. .,-.." * "Skip"Loy Jr, company opera- * ;- .- _ - . •• ... :• •••:•i•--.Fif-:..z:.....- • '-..' .. . ? tions director.,"They(county offi- - . . _ 'n'dialt)• wouldn't budge,:and we .. . ,"2t. :lbe Hews anti ObsOeer.flarsigk Mt.Sat:JelY 20;1985 •0 . _ __ . .:can't wait.”---...;" --.•• '--::::•. ".....;.• ., • -Adam.and-Eve had planned to . . --..::.:•....1 •••••:.-'- . . __....---:-.7.-:-..--.------ i::r add 40,20ef'square feet of ware- • ".,lime-and'office space to its . . • . -3$,000-square-foot.facility seven. . • • . . ' '''•nines•west of.Carrhtiro,• but the •:exPiansion.would'havO.called-or. • , • "....- •--r-- — \- --=the area to be rezoned to allow 44.--,_ • ..-, _.• •"-:.4.-"..-..„ .0.--. .:::::r---,-..-.:;‘...• - .. .both commercial and industrial ,. 1.':-Ada- ni'an'd Ev'e- - :: - ,..,-,.....jr-also would have made.- . .. . -necessary-a revision of the court- . . ' • ty's land-use plan, a longrange'• rti--:planuing move . -blueprint for growth,said IVfarvin : . - ----: 1 .„-:•• - r -- ---' '- . --: • -: E. Collins, county planning direc- 1 --to-.cuamance : . , tor.-In the current.plaztcornmer- .- I . •,.... , - :•••••::-• • •. 1---. 1 . -• 1:,...cial and industrial uses are.not I ..• • - .. -••-,-• : •••• - . ••.- IlyfliggE MeQUEEN. _. • _ - . •.:-allowed in the area that would ••• •-"'-'-' --'-' ,• Staff Writer.; . - ''''' ' ' have contained the expansion. . . , , . _,..... , . The process; Loy said, would have taken up to a year—time _ . . that-he said the aggressive corn- , . puny does not have, '•."--Instead, PHE Inc.; the parent l 3- company'of Adam-and Eve, will 'I ',.•:•.-take the coinpany's$20.million-a- - .''year business and 130 employees . 1 — half -of whom live in- each I -county.—about-four miles west to i 42.acres of unzoned land in Ala- I. . - • inance County.Within a year,Loy :-'•said he hoped to see on the site a • • ..-: $2 •:million, 75,000-square-foot . :e.•:-building- to house the rapidly • i.--.. Irpanding business. The Orange -.. County facility will be sold, he • . I . • ... The business now handles about ..550,000 orders per year,Loy said, i and he expects sales to double ' ,I I:. within five years. ' .• -' • 7. • '"This certainly will be a siptifi-- ' • 1 . cant loss to Orange County,"said " 'Sylvia F. Price, director of the ; - Orange County Economic Devel- .- •oPment.Commission.. "I'm very • I•"sorry to see them go.". " Ms. Price said the company's 1. future-was clouded by the coun- - • trs-1981 zoning ordinance, which • generally requires businesses and industries to request specific zon- . ing categories m areas where they - plan to locate. - "It really is a very difficult problem," she said in an inter- view Friday.The ordinance needs • to be reviewed, "but.you can't • • 143 . . • €tY, t"> l ..'+s"t'- t "! iii "` ,1��, , • .I .. or er ,s .sees - . . .Adam r - . . :. F n ; . to rain e- loo amaii.ce 1 �.'07Sl2fiiCC[�h077!�C Yr. .... -• •'. tt e"Za -,•7/f •�:•.:i .'7' ��_ *'_:-". •_ •- }�,r The Pr Wing, of designated, in the early 1970s when it opened t change these tlur�gs overni�. t.°> ` •commercial. and Industrial areas •the first"contraceptive boutique" Planning lh -nmkngunue r, .,sary the specif- in the United States-in downtown: . Planning director Collins said; fe requests for zrrming changes-- Chapel Hill, selling condones and the rezoning and land-use revi- .might prevent f'i ture similar zon- other birth control devices. sions required by the Adam and: ing problems,Collins said.But as The mail order business w.as hYe ex completed.i po abVye u$ .the county ordiezance now stands, • started in 1570 by Philip D. liar- t: pre-zoning would strip the county vey and Tim R.L. Black. While 'see that much of a problem," hei of most of its i_control over how a working toward master's degrees said."It would just take time." • property. is i developed, Collins in public-health at the University The first step in addressing the said.. '' ' of North Carolina, company's expansion, a public •He said Hz ct planning staff was the company to they founded • hearing on the rezoning, was now studyin P Y promote birh scheduled for Aug. 5. So a letter• the zoning pr ance that revisions than doctors' ffices and cline other. about two weeks ago from PEE ter, allow the county to -Orange County Commission: while mair,rtai�g someocontrol _ c In the last few said. ears, the corn- Chairman Donald G. Willhoit in.. over the area to protect against pang has expanded to include forming the county of the com a, ude „ comp a- adverse a fects, such as traffic sexual advice newsletters, tinge- • ny's move was a real-shock, problems. .' Collins said. - ' :. . rie, outdoor equipment and adult .,•• - .i Adam sued Eve made headlines •videotapes,Loy said • ■ • i i • •- : ORANGE COUNTY - _' BOARD OF•COMMISSIO:.ERS • - - ACTION AGENDA m ACTION AGENDA ITEM ABSTRACT - ITEM NO.4 . MEETING DATE August 5, 1985 - - 144 rl SUBJECT: orange county Personnel Ordinance - • : j DEPARTMENT:County Manager/Personnel PUBLIC HEARING: YES x NO ATTACHMENT(S): No - INFORMATION CONTACT: B.M. Thompson Whitehead • PHONE NUMBERS: HILLSBOROUGH -- 732-8181 • .HILLSBOROUGH -. 732.9361. . CHAPEL HILL -- 967-9251 ' . • • . - • - - MEBANE 227-2031 - • r - �_�_� DURHAM -- 688-7331 PURPOSE: To provide for the Board of Commissioners an update the requested revisions/- clarifications to *the.Proposed-Personnel Ordinance. t • NEED: The first draft'of•tFie '- - - -• : •• - ..- • ��• : . proposed Ordinance was presented-'to: the Board:of:'Cominissioner.s 4 the last.of-Januar • The Board" requested that.several= secbi ns..of the:- ' `: changed'.and/or:''clar'i,fied..' ''me'`revisions/clari id'ati s'•'z4ere• subpti .te'cl�to7.1•he,Boaid: '• June'; 1985. ' - • • ••. 'IMPACT: Adoption of the-.Ordinance sets forth policies and regulations.-that •are clear,••••• • up-to-date with' the. most recent •changes in laws and consistent with generally- " , accepted personnel practices. - RECOMMENDATION(S): Consider adoption-of the Proposed Personnel Ordinance, . • • • • • i • • • I,,:v-,, . .. _ . : . . . _. ... . ........... . _ . • . - ORANGE COUNTY • - - ;:_:,if - 1.45 -.7 BOARD OF COMMISSIONERS ACTioN AGENDA ,_ • ACTION AGENDA ITEM ABSTRACT ITEM NO.F15 :.' ' • .. . MEETING DATE' AUGUST 5, 1985 . . ' '' - . . • . .. _ SUBJECT: Appeal of tax- appraisal on the home of Mr. -Roy D. Stone . • . . :. i ' . . • - , - 1-DEPARTMENT: Tax SuperVisor • PUBLIC HEARING: • .. . . , ,.- - - • - • . . . . . . . . . . . . . . . . . . - . - — - ATTACHMENT(S): Letter from Mr. Stone INFORMATION CONTACT: • . • copy of Property Record of Mr. ,i- • Stone's property. Copy of M.C. -• PHONE NUMBERS: HILLSBOROUGH - 732-8181 Stone's 1985 Tax Listing Abstract - - HILLSBOROUGH - .732-9361 - CHAPEL HILL - 967-9251 _ . . . • -- -. - MEBANE - 227-2031. -- . . - DURHAM - 683-7331 •- . - ' • . • •- . . . ' .• . PURPOSE: :. . • ' . . . . - t . • Mr. R.D. Stone takes exceptidn to the appraisal of his property located -on Tax Map .I.0. 4.45c.A:4,, and would like ta.present his appeal ,•!... to the 'Board of County Commissioners. . - . . ' • :. ' • ' • - • • • ' . . ''L; .. . • . . i • - " . - i, • . . . - . . - . • . - . ' - • , , • . . - . . :: . NEED: . . . ..., . - ' . - . L . Mr. Stonemade his request for a hearing Within the required 30 - ' - • days from. his Notice of Change in vs.lue. - . . . . , . . . - . . , . . . . .- . . . • - . - . "r - _ • - . . . . . • ',` . . • . - . . , . . . - • . . . • • - • . • - . • . . . . . , . IMPACT: . - - • - • : . . . • .. . . . . . . . - • • . _ • • . . i . - • . . . • • RECOMMENDATION(S): . Mr. Stone's property was appraised using the Schedule of Values adopted for the 1981 revaluation and an outside inspection of his home. When M: Stone made his appeal, our Chief Appraiser, Mr. George Meyer, was sent out for an inside inspection and Mr. Stone would not let Mr. Meyer see the inside of hi$ home; therefore, x cannot recommend any change. - t• f 146 - -1-_' - -- _________ • �� ' � _� It-49-x. tAll 1,i _ ch,.. _ ittit:12„,__-- .;',// : 7--..,*..c---,capft.d..... 1--L-,...7_-#1---- • ' ' ' 4.1.` __ ' , ~*r }m , 1614.8,1_,E: f 5______Alet_____ -310 :tic 'S-5.---"d-_Vs__I.__ ' : 1 ,.-. 114 it a-L.--./..4:-- -A,-.—.174; fp 4-4,7,--,c.:.... ec--;/.__ 4_f_tsd _ r: 1 '.k.2.1_,..k. '_____L064_,z. dw 44.. _44, ,_ ri, . ....,,, cl...$161_,L_L,' " • 4:2; • . • I _5 ee."9.14_ t ___ — — --t,‘----SetKi-"-.2.0...____...___________________ ti _ . d'a ai4...._,a C.,___________:_ -- --d. Pi& ' k _ _����__ i � / � __' �' � i' -__-___ ---�--------'--' -------------____- � \ ` .. 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("7 '-' 41 ›•a it .4 ".4 n ''W-411 Z I. .1.r, •.11F 17. g --I ./.* 6^. 0-a Fr•.49. ;.^..,, n1::-_ -I) u-:, .1. , z= . ,0, .= T.. .. 1-; illTlii= 21 L. Er-• C1 ''): ii. ••' Es met, L: trI 4. M 7 ..- f-..Z . ..... Ver ,... v. r't • rr cr. 173 - siV!n113:1•',1 • t 7.'- iri....fqat '. ...y, i -".- T. tO - ,.. 4.. #'I =-7..E.:1 2 • 3>ttilliseil .----' (-,... 4,--,........- ,• N , .1z. I -. ....?... P •-.4 , - • I I a> •-• ..5 ; r•-...a .rh ' ■I''. CI' ..1 .- , • , 4 1 . .. 1 1 nzumtztzt -i , 1 ++++ ,+• F. • tz,z5.•-w.s....,-..i :-.. ...a i . co ' -4 i I .3 0' .7:‘,3 '7* I 7.'2 •-•'• F -I, 1-0. ex 0 i 1:4q,,, oac>o> r.of I I r 05 , 1 . i i 1-‘,...............•.: ..::: -il t•) w t•-:•• 1 4,3„0-,.m.r.....:4s., ..b :...... „ 1 1,4 ; I - .:1 I I 1 I • ,.3-I -, 7:: --• - - I *---u ca-41 .,..) ..; Itaalscomalos 19 .f ORANGE COUNTY 1.t ,......, �`o READ.AND PERSONAL PROPERTY TAX LISTINGS AS OF JANUARY 1.1985 - 0? "1. ,•.PORTANT:THIS FO SNOT FOR LISTING BUSINESS PERSONAL PROPERTY DO NOT WRITE IN SHADED AREA M AGE 0 MAIUDED = . ;:;: .TOWNSHIP • -• 4,-.,T —SEX F ( ,a 61 Q SINGLE INVOKED S NO.EG I 2445810:32 I( 240644023 I •JJILLSBOROU a 11:14... ri 'SEPARATED.OTHER NAME OF EMPLOYER OR HOW SELF EMPLOYED `' ' ' TOWNSHIP YEA ' •"e i a.. r r1w111D .�,�t ii•- D AVOIUI0°r TA1E'CHANGI;aHIS I:OBM-MUSTB OMPLETED SIGNEO�AND MAILED OR:AETllANE>k�NO-tk.TEIDTHAH'JA1�tU,A4.3.11985 ; ..' �° ` � '"' - ...171} 7AkSUPEAVI SOFT' •, '08;SDUTH At 1rl ONIURIET=-yHILESBOROUGHrH 72,].0" -•.--'=i-�-=, __=:- �i;45:. ACCOUNT.:.:• : .•, ..4,8_12'2 I - TELEPHONE NUMBER BETWEEN ..` r NUMBER _,- � •--- HOURS OF E DO AM To 5:CO PM o, • -- ___ _- C•!• S SE• 8-TONE ICI ItiRT_ - pis mpg.• . . . ' _ _i .. _J' -o .. . ... : - - : • -•-..i DO NOT WRITE IN SHADED AREAS--FOR TTAX.OFFICE USE ONLY 'IPA F ,' •xl IMPORTANT:THIS FORM IS NOT FOR LISTING;BUSINESS PERSONAL PROPERTY ` 14 9. 4 * :P.� • --• '... -...-_ • -• MACHINERY•1• • - . - - ..• • TYPE YEAR MAKE •- ' `'• ''i - •-•- ;" MODEL:: --._-- - purl asEti' ' COST'•• TAX OFFIC' .•-re.....,- AIRPLANE • *1 • • .r•. IIIIIIEIMII ,.,iM-.,,-: = o- •.x:_ TRACTORS - - IEMMIIIIMIIIIEIIIIEIMMIIIIIIEIIIMIMBMEIMIMIIMIIIMIIIIIIIMIIIEIRBNZFXE .: 11111111111111111111111111 tea.; .-,y;,.:y:,,•:t• .` _ is 1424 • ..BULLDOZERS .-..•MIME algIIIIIIIIIMEEEIM .-"---• - . .. • ---._.- ,__ . 4. -~.-.GRAIN HARVESTER _ _._.,_-._ __--_ '....'c'.--":,-.- -.;4;.7_EMI MEMENI .I - 1 :' ' . - :: - HAavEsren 4 -U--:• ' •••'RESALE VALUE OF ALL OTHER FARM EQUIPMENT(NOT INCLUD 0 IN SECTION"P•'ABOVE)AND LIVESTOCK- •• •.•F% S MILK TANKS • _...S.. BEEF CATTLE _ NUMBER TA}(OFF rr TRACTOR PLOWS&HAHROiNS, — ` __CULTIVATORS ..:._ j' - OTHER DAIRY EQUIPMENT _- . - - " • .STEERS/BULLS.... •CORN PLANTERS • _ _ ENSILAGE CUTTERS y.; •:. _.-.._. COWS _ _._ _ �R • TRACTOR WAGONS 8 TRAILERS .SILAGE BLOWERS •_ ' HEIFERS _ NEMO • TOBACCO STRINGERS._ -PUMP WAGONS - - UNDER 1 YR M Milli • ' r DAIRY CATTLE • : TOBACCO CURERS ' _ -HAY BALERS •.: - _. ..- --• . -- •� •_ IRRIGATION EQUIPMENT HAYBINES ... COWS..;.;.,...; MM ` - .__•_ ... . FEED MILLS -s•-- .. 1-2 YEARS ®M _ _ _MOWERS&RAKES _ _ BUSH HOGS,BLADES'S LOADERS - : HOG EQUIPMENT - - UNDER 1 YR ' - - EMI - .MANURE SPREADERS . POULTRY EQUIPMENT SWINE _ --LIQUIDSPRAYING.RIGS NUMBER TAX OFFICE USE~_ HOGS• .. —� • GRAIN DRILL/LIME SPREADERS POULTRY FEEDER PIGSoreween•-- TRANSPLANTERS HORSES - Of.GStritiv-s l OTHER ' s •ANIMAIS .. _ .. .-- as:a:1a.�OW:• • R— '• ' PROPERTY TAX RELIEF FOR ELDERLY AND PERMANENTLY DISABLED PERSONS. • - •' North Carolina under G.5.105.309(F)excludes from property taxes the first eight thousand five . APPLICATION FOR PROPERTY TAX RELIEF FOR THE ELDER! _ __ hundred dollars(S8,500)inassessed value of certain property owned by North Carolina residents•-s. Y M.--- AND PERMANENTLY DISABLED PERSONS GS.105-277.1 aged 65 or older or totally and permanently disabled whose disposable income does not exceed—....•.. :. ninethousanddollars(50).The exclusion covets real .. --(1)Isthepropertylistedonthisabstractyourpermanenfresidenee ---the owner as his or her•pprmanent residence and/or household personal property used by the •-or household personal property used in connection with your ( ) owner in connection with pus or her permanent residence.Disposable income marries all moneys permanent residence? _ __ _ :_ _ YES "--received other than'giits Or inheritances received from a spouse,lineal ancestors,of lineal- -- descendants. • - . •.- . - - .. ^ (2)-What is your dale of birth? -•• '• - - • _.-_-_A..II you received this exclusion in 1984 you do not need to apply again unless you have changed-. your permanent residence 1 (3)Did your disposable income for 1984 exceed$9,000? '= 'EYES --B:If you received the exclusion in 1984 and your disposable income in 1984 was above nine '4 ' _—_Tthousand dollars($9,000),you must notify the tax supervisor. .. _ - (4) Enter your disposable income HUSBAND ;_If you received the exclusion in 1984 because permanently were totally and peanently disabled and • ' •-WIFE 'TOTAI • ' _C you are no longer totally and permanently fed.you must notify the tax supervisor. Y If this application is based upon total and permanent disability,attach a cer - -'�--D.'If the person receiving the exemption in 1984 has died.the person required by law to fist the certifies that you are totally and permanently disabled Irom a physician ti ^_ property must notify the tax supervisor. _ .medical doctor in North Carolina or a governmental agency authorized t• Failure to make any of the notices required[iy the above sections before April 15 will determination ' ( result in penalties end Interest •- - - •'"-'E. If you did not receive the exclusion in 1984 but are now eligible,you may appiy for the exclusion SIGNATURE. on the application to the right.It must be filed by April 15. . • TELEPHONE. F. Any person who fails to give the notice required by GS.105.309(1)shall not only be subject to loss of the exemption.but also to the penalties provided by G.S.105-312.and also if willful to • ORANGE COUNTY TAX SUPERVISOR'S OFFICE the penalty provided in G.5.105310 For the purpose of determining whether a penally is - 208 TAX SUPER STREET levied,whenever a taxpayer has received an exemption under G.S.105-277.1 for one taxable year at but fact th property e ax of taxpayer' onion of eligible le April 15 the exemption be considered the tierex as timely otice given of HILLSBOROUGH.NORTH CAROLINA 27278 • HRLSROROUGN MEBANE DURHAM CHAP l !! • 732-8181 227-2031 688 7331 D67 a • • 732.9381 227.2032• ••I t > - - ORANGE COUNTY . 150 BOARD OF COMISSIONERS ACTION AGENDAA -,- ACTION AGENDA ITEM ABSTRACT ITEM NO.G1c0 MEETING DATE August 5, 1985 .. SUBJECT: OLDER AMERICANS ACT CONTRACT • = .—..........— .................7 n„ 1 DEPARTMENT: Aging . PUBLIC HEARING: YES x NO — ATTACHMENT(S) : INFORMATION- CONTACT: Jerry M. Passmore Contract „.. .: : - - , PHONE NUMBERS. HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL * 967-9251 MEBANE - 227-2031 - DURHAM - 688-7331 - , . PURPOSE: . , To request approval of 'contract for Title III-B Older Americans 4 Act 039Cia3.'services7senior center). funds with Triangle J Council of Governments effective July 1, 1985 through June 30, 1986 for federal dunds in the amount of $83,669. il < , f 441, • ^,r NEED: - This is a yearly continuation contract coveramg the following services which are a part of the Department on Aging's current budget: Transportation, Senior Center Operation, Information and Referral,addse' .4- Management (new service) , and Chore Handihelper. i :. :7•• - : . i • . ' • IMPACT: This year's contract will embody one importatt change: . (1) .122E121:122.Lie_gotAtracting - The contract payment is based on the numbers - service contactto visits) provided each month by the the Department on Aging. RECOMMENDATION(S): The Department on Aging Staff recommends approval. If approved, Chairman should sign both_ copies and return one. if rl . and 1( • 151. TRIANGLE J COUNCIL OF GOVERNMENTS 1-t CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES g '. r••:1;:' . THIS AGREEMENT, entered into as this 1st day' of July , 1R85, by and between Orange County 71-,, • ,.;. , (hereinafter referred to as "Contractor 0. '-:f • "Agency") and the Triangle J Council of Governments, (herein- 1 after referred to as "COG") . WITNESSETH THAT WHEREAS, COG desires to engage the Agency to render :st . 4 certain social services hereinafter described in connection ,== with an undertaking or project (hereinafter referred to as the "Project") which is to be wholly or partially financed •Z 'fr7, by a grant from adminiRtratinn nf Aging through •>: Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to 4 as the "concerned Funding Agency or Agencies") , said grant !` -- being (hereinafter referred to as the "Grant Contract" and identified as Contract for Social & Sepior ri-x. 5vs ' and WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, ih consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1 . Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2. Local Support. In accepting this contract providing for $ 79, 021 of federal funds and 4.. 648 of State funds, the Agency agrees to provide not less than $ 9,296 of acceptable non-federal cash and $ -0- acceptable in-kind contributions. • . . • ._ . . • _ • .• . . .. rx - 152 • -2-'. . 3. Scope of services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and • services described in Attachment "A" (or as described in • 1 FY 84 Area Plan) which is attached hereto and made a part - , hereof. 4 . Time of Performance. The services of the Agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A" . All serVices required hereunder shall be completed on or before •. 30,June 30 1986 „ 5. Compensation and Method of Payment. The Agency ? shall be compensated for the work and services to be performed 61 under this contract as set forth in Attachment "A" which is 7,. attached hereto and made a part hereof. In no event, however, ci will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of ' . . - $ - - $. -nd six hundred sixt -nine dollars ($83,669). 6. Progress Payments. Unless otherwise provided in ', Attachment "A", the Agency shall be entitled to receive .,: progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the Agency shall submit to COG an invoice for payment based on the Unit cost reimbursement rate per service (as identified in Attachment "A") throughthe invoice period: Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. FRIcf • . 153 LV 7. Documentation of Expenses,. Agency shall maintain full and complete documentation of all expenses associated with performing the scope of work “oder this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG) . 8. Documentation of Service Recipients and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the • names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the individual. It is understood and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of funds received from the North Carolina Division of Aging is reduced, COG . may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to other contracts and services. 154. -4- 10. Charge of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates, as set forth in Attachment "A" . The parties agree that COG will consider increasing the reimbursement rate only under two circumstances: (a) Upon a showing by Agency that acutal costs have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have, increased due to a sudden increase in client load (e.g. , due to a disaster) . The parties further agree that COG shall have the right to decrease the reimbursement rate under any circumstances which show that actual costs are less than projected; including, but not limited to, circumstances in which: (a) Overall costs of providing service are shown to be less than forecast in the Agency's original bid for this service; or (b) The Agency fails to document the required . local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay aril, part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that, no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and ,41( -5- 155 operated by the Project Mana=. ,:r or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt. Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract activity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service recipients, interest received on COG advances before disbursement, and any other program income. Agency shall not withhold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG during any time within the twelve- month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. 156 'tv • q ' 14. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. The Agency knowledges that if the work or services to be performed under this contract is financed solely or partially through 14, Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcontractors or adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency) , in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. . • %.1 157 . -7- 17. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized • representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable in the Agency 's office where data are normally accumulated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. 18. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any:subcontract executed in connection with this Project. 19. Compliance with Requirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, • 1,7) 158 for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees; shall fully cooperate with. the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, speci- . fications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG upon termination or completion of the work. Both COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency or its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding • these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data processing systems, software and related services. Any development of such methods, material, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert, name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. 159 -9- 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors,. presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract if any person having, any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's comtemplated action will not constitute a violation hereof, then the Agency shall be authorized to take such action without being in violation of this paragraph. 24 . Interest of Members of COG and Others. No officer, member or employee of COG, and no public official or any . local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, parnership or association in which he is, directly or indirectly interested; nor shall any such officer, member or employee of COG, or public official, of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 25. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefits to arise herefrom. -10- tr: 160 26. Equal Employment Opportunity. 7!::1 (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because ,fq . . • of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that '.' employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. ,..'" Such action shall include, but not be limited to the following: i-i-! ...., employment, upgrading, demotions, or transfers; recruitment T-,.' or recruitment advertising; layoffs or terminations; rates .!1! of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it (.e t presently has in effect such an affirmative action program which specifies goals and target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the t,4 . provisions of this non-discrimination clause. The Agency ,t. will in all solicitations or advertisements for subcontractors 9,. or employees placed by or on behalf of the Agency, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, age; or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontracts for less than $10, 000. 00. (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding Agency may require. . .. .. . . . . . 161 (c) The Agency agrees to comply with such rules, ,of regulations or guidelines as COG or the Concerned Funding Agency may issue to implement the requirements of this paragraph. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all tL,5 required licenses, permits, bonds, and insurance required • for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all or part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fulfilling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-five Thousand/Fifty Thousand Dollars ($25, 000/$50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency Shall hold COG harmless for any damages to the person or property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations or stipulations -12- of this contract; or if services do not meet standards as 162 set forth by N.C. Division of Aging; or if for nutrition -41 service specifically, meals fail to follow the approved program menu and meet reasonable standards of nutrition, sanitation and pal:ltability as determined by COG; COG shall give the Agency written notice specifying such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or • violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as aforesaid, then this contract shall be deemed to have terminated effective at •the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by, the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the . Agency shall not be relieved of liability to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. 32. Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry out the provisions of this contract the COG may terminate this Contract by giving written notice to the Agency of such termination and specifying the effective date • - • '•1 163 -13- of such termination. In the event such written notice is given, all finished or unfinished documents, and other materials as described ' in para.;raph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNEZS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. AGENCY: BY: Chairman or Designated Official TRIANGLE J COUNCIL OF GOVERNMENTS: BY- Executive Director APPROVED AS TO LEG. FORM-/n Counsel, Triangle J Council of Governments • ATTACHMENT A 11.64 Transportation 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $22,679 Federal funds, $1, 334 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $2,668 . Cash and In-kind' resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of no_ Dollars and fifty-six Cents ( $0.56 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards deiivering 48,000 trips of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A 165 Information and Referral 1. Location of Service Provision. This service shall be carried out for older persons in Qzangp___ County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the .R.C. . Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $16,753 Federal funds, $985. 00 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $1071 Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of nine Dollars and eighty-six Cents ( $9.86 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards deiivering 2, 000 contacts of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or . • Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • • =AP - ATTACHMENT A ..,...,-, . Case Management 166 .., - ' . 1. Location of Service Provision. This service shall be carried out for older persons in Orange ' County. 2.. Service Standards. The delivery of this service (-. shall be in accordance with Standards as adopted by the N.C. Division of Aging. ( 3. Compensation. The Contractor and COG expressly understand and agree that in no event:will the total corn- , pensation and reimbursement paid hereunder by COG exceed the maximum of $14, 066 Federal funds, $827.00 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service -, hereunder. Local match of $1,655 Cash and -0- In-kind resources shall be required under this contract. ( 4 . Reimbursement Rate Per Unit of Service. A unit '- cost reimbursement rate of sixteen Dollars and fifty-four Cents ( $16.54 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering • 1,00Q hnnrs of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. nAAro-nmr-Nr A • 167 Chore 1. Location of Service Provision. This service shall be carried out for older persons in Orange • County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. :• • 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $1,184 Federal funds, $70.00 State funds for the specified service and shall constitute • full and complete compensation for the Contractor's service hereunder. Local match of $140.00 Cash and -0- In-kind resources shall be required under this contract. 4 . Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of two Dollars and seventy-nine Cents ( $2.79 ) is agreed upon for every unit of service delivered to eligible recipients. COG will, reimburse Contractor 90t of this rate with Federal and State funds. 5. Scope of .Service Units. It is agreed that Contractor will work towards delivering 500 hours of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. - 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. . . _ - _ .-- ATTACHMENT A NIT- :A --, 168 -,.,.. SENIOR CENTER OPERATION '11 1 . Location of Service Provision. This service shall be carried out for older persons in Orange. County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. `-;' Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $24, 339 Federal funds, _ 1,432 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service 41' hereunder. Local match of $2, 863 Cash and -0- A . In-kind resources shall be required under this contract. 4. Scope of Service Units. It is agreed that Contractor g - will work towards delivering a broad range of activities at two or more multipurpose senior centers in the County. ..i- 5. Changes to Reimbursement Rate or Units of. Service. 1- Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 6. Personnel. It is understood and agreed that ' Jerry M. Passm ---- the shall represent e Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. mmumum•mmmi....i..---2..___ -_:. - - . - 4115161, ORANGE COUNTY . BOARD OF COMIISSIONERS ACTION AGENDA 169 • ACTION AGENDA ITEM ABSTRACT . - ITEM NOA17. MEETING DATE August 5, 1985 • SUBJECT: Approval of RSVP Grant Award from the Town of Carrboro . • • ' DEPARTMENT: Department on Aging PUBLIC HEARING: YES xxxN0 • . . . • ATTACHMENT(S): . INFORMATION CONTACT: Jerry M. Passmore 968-4478 Grant Award from the Town PHONE NUMBERS: • HILLSBOROUGH - 732-8181 • • • of Carrboro- HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9261 MEBANE - 227-2031 • DURHAM - 688-7331 - . PURPOSE: To request approval of the RSVP Grant Award from the Town of Carrboro for the period July 1, 1985 through June 30; 1986 in the amount of $800 in local funds. . • • • • . • ' • NEED: This is a yearly Continuation Application covering volunteer . services provided by 425 retirees serving approximately 58,000 • hours for. 45 non-profit organizations in Orange County. • • • • • • . . • • • • • IMPACT: The local funds are needed to help finance the RSVP 1985-86 expenses. • • • - • • • • • • . - • • RECOMMENDATION(S): The Department oh Aging staff recommends approval. If approved, the Chairman should sign two copies of the Grant Award and return them to the Department on Aging. fy.. zs 3 170 t y` STATE OF NORTH CAROLINA COUNTY OF ORANGE • AGREEMENT Whereas, the non-profit corporation, association, or organization d• cribed below has requested an F . ropriation from the Town of Carrboro; and Whereas, the Town has determined that said corporation, association, or organization can and will perform for and on behalf of the Town certain services ere that the Town itself is authorized to perform and has therefore indicated its x fi' approval of this request by an appropriation in the budget ordinance for fiscal 1985 , as amended; and • Whereas, the Town of Carrboro desires to insure that funds will be used for the purposes intended by the Town in making this appropriation and for no oths,r purposes; NOW THEREFORE, in consideration of an appropriation in the amount of S 800 , the following non-profit corporation, association, or organization, hereafter described as Grantee, agrees and promises to abide by• the following conditions: 1. Grantee will perform the services or achieve the undertaking described in Attachment A in the manner and according to any time schedule therein provided. 2. Funds may be released monthly, quarterly, or according to any other schedule deemed appropriate by the Town Finance Officer. If required by the Finance Officer, Grantee shall submit a written request for each fund distribution, and any such request shall contain a certification that the Grantee shall use the funds received only to provide the services described in Attachment "A". 3. Not later than March 31st of the current fiscal year, or such other • time as specified by the Town Finance Officer, the Grantee shall account to the Town of Carrboro for the use of the funds appropriated by the Town by (1) fur- nishing a detailed description, quantified to the extent practicable, of the extent to which the Grantee has performed services for or on behalf of the Town of Carrboro or its citizens during this fiscal year, and (ii) providinc • the Town with a copy of Grantee's most recent audit, financial statement, or other financial information requested by the Town Finance Oirector. 4. Grantee will not discriminate against any individual on the basis of race, color, religion, sex, or national origin in any of its activities or operations whether or not financed in whole or in part by funds received by the Town. This • • 171 nondiscrimination prevision prohibits Grantee from discriminating on any of -.•.:;e above listed bases with respect to employment, rendering of services, or pre- vision of benefits. •- 5. Grantee acknowledges that any appropriations in the budget ordinance to Grantee have been made on the condition that Grantee execute and comply with all the terms of this agreement. Grantee further agrees that, if it fais to comply with each and every condition specified in paragraphs 1 through 4 above, it will repay in full to the Town of Carrboro all sums paid by the Town to Grantee pursuant to this agreement_ • Grantee • • By: (Title) Date Attest: (Title) Date TOI•IN CARRBORO • BY: _ Grantor Town Manager Date Attest: (Title) Date • Provision for payment has been made by an appropriation duly made or bonds or notes duly authorized, pursuant to the Local Government Budget and Fiscal Control Act. Finance Di rector Date ampu..----- 172 ATTACHMENT "A" • • RSVP. The Retired Senior Volunteer Program shall apply the entire grant • toward general operating expenses. The Program shall continue to recruit • and place elderly volunteers in community service activities in Carrboro. • • • EiMszsmua"--- ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLS730ROUGH, N. C. 27278 • mansmumr BEINGLMM • August 6, 1985* • MARSHALL NMUMNIAMUMO DOW wArzorr • • David Moser, Director • Aging Unit - TJCOG . 100 Park Drive, P.O. Box 12276 • Research Triangle Park, NC 27709 Dear Mr. Moser: • • I • have attached the agreement between Orange County and the Triangle J Council of Governments for social and senior center services. !JA •• The agreement received the unanimous approv.a. Aof the Board f- • of Cammissioners at their AukUsi 5, 1985 • ' If you have..-any-quesion6;-.please-dO:not hesit4te to contact • me. • •:" •." • • 'IA"0: •7 `- .• ••aLf,Ti* ` 1,r rhy, • •R. . r L- - . • • • %.;.-"T'4711V • Mrs,. Beverly A. Blythe - Clerk • • • • • . „ - . /7 ORANGE COUNTY COIVEMISSIOINTERS. 106 BART MARGARET LANIE HILLSBOROUGH, N.C. • • 27278 moluaommy • DEN LLCM MD=E.MARSHALL -August 6, 1985 NOEDIANWAMWM DON 11011.liarr • • • • .. • • • • • • • Robert Morgan Town Manager, Town of Carrboro • Town Rail 301 West Main Street Carrboro, NC 27510 • Dear Mr. Morgan: Attached are two copies of the RSVP Grant award for the period of July 1, 1985 through June 30, 1986 in the amount of $800. • .. This grant award receivdditbe unanimous approval of the Board of Commissioners at theirjneeting held on_August 5, 1985. • _ — .se.•• Please sign and return one....cppy to my attention . •• • • • • Ilmuik7":37:06:. ,. *)*Y cerely, • ,...•••••,•:,•!:•.:0-'27-, • rf. • • .. • . .' . --- ••• • •,**r. • . _ • • • • . . • and TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR SOCIAL AND SENIOR CENTER SERVICES THIS AGREEMENT, entered into as this 1st day of July 1985, by and between Orange County (hereinafter referred to as "Contractor or "Agency") and the Triangle J Council of Governments, (herein- 's after referred to as "COG") . WITNESSETH THAT: WHEREAS, COG desires to engage the Agency to render certain social services hereinafter described in connection with an undertaking or project (hereinafter referred to as the "Project") which is to be wholly or partially financed by a grant from Adminiqtrafinn of Aging through N c Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies") , said grant being (hereinafter referred to as the "Grant Contract" and identified as • • ° . • as ' and WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2. Local Support. In accepting this contract providing for $ 79.021 of federal funds and 4,64R of state funds, the Agency agrees to provide not less than $ 9,296 of acceptable non-federal cash and $ -0- acceptable in-kind contributions. . . •.. •.._ - . _ • • -11 -2- 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" (or as described in FY 84 Area Plan) which is attached hereto and made a part hereof. 4. Time of Performance. The services of the Agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A" . All services required hereunder shall be completed on or before June 30, 1986 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of Fighty-three thousand, six hundred sixty-nine dollars ($83,669). 6. Progress Payments. Unless otherwise provided in Attachment "A", the Agency shall be entitled to receive • progress payments on the following basis: As of the last day of each calendar month during the existence of this • contract, the Agency shall submit to COG an invoice for payment based on the Unit cost reimbursement rate per service (as identified in Attachment "A") through the invoice period:. Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement • rate to the units provided during the invoice period. -3- 7. Documentation of Expenses. Agency shall maintain full and complete documentation of all, expenses associated with performing the scope of work under this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG) . 8. Documentation of Service Recipients and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the individual. It is understood and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of funds received from the North Carolina Division of Aging is reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at 9 planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to other contracts and services. • - -4- 10. Change of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances: (a) Upon a showing by Agency that acutal costs have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have increased due to a sudden increase in client load (e.g. , due to a disaster) . The parties further agree that COG shall have the right to decrease the reimbursement rate under any circumstances which show that actual costs are less than projected; including, but not limited to, circumstances in which: (a) Overall costs of providing service are shown to be less than forecast in the Agency's original bid for this service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay ariy part of the cost of the service. However, recipients shall be given the opportunity by the Agency to-make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall , offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project Manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt. Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract activity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service recipients, interest received on COG advances before disbursement, and any other program income. Agency shall not withhold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG during any time within the twelve- month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. - • * 5* -6- 14. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. The Agency knowledges that if the work or services to be performed under this contract is financed solely or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcontractors or adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency) , in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by such report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. . „ -7- 17. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected . pursuant to this contract. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumulated. Approval and acceptance of such material shall not relieve thp Agency of - its professional obligation to correct, at its expense, any errors found in the work. 18. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any:subcontract executed in connection with this Project. 19. Compliance with Requirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been • delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. • 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, - - • , - -B- for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, speci- fications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG upon termination or completion of the work. Both COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency or its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data processing systems, software and related services. Any ; development of such methods, material, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. -9- 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract if any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's comtemplated action will not constitute a violation hereof , then the Agency shall be authorized to take such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member or employee of COG, and no public official or any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, parnership or association in which he is, directly or indirectly interested; nor shall any such officer, member or employee of COG, or public official, of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 25. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefits to arise herefrom. • . • -10- 26. Equal. Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. The Agency certifies that it presently has in effect such an affirmative action program which specifies goals and target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontracts for less than $10,000.00. (b) The Agency shall keep such records and submit , such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding Agency may require. • • " -11- (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency may issue to implement the requirements of this paragraph. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all or part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fulfilling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-five Thousand/Fifty Thousand Dollars ($25,000/$50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency shall hold COG harmless for any damages to the person or property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations or stipulations . • - - -12- of this contract; or if services do not meet standards as set forth by N.C. Division of Aging; or if for nutrition service specifically, meals fail to follow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG; COG shall give the Agency written notice specifying such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as aforesaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liability to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. 32. Termination for Lack of Funds. In the event of prospective termination due to non-receipt of funds with which to carry out the provisions of this contract the COG may terminate this Contract by giving written notice to the Agency of such termination and specifying the effective date . . . -13- of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. AGENCY: Alle, 6404,k (-N BY: 1111441- ' 41 Chalrman orloTrgted Official TRIANGLE J COUNCIL OF GOVERNMENTS: BY: Executive Director APPROVED AS TO LEGAL FORM: /9--,- ;4/4 /. /-7fw7 Counsel, Triangle J Council of Governments . . ATTACHMENT A Transportation 1. Location of Service Provision. This service shall be carried out for older persons in Orange' County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $22,679 Federal funds, $1,334 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $2,668 Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of no_ Dollars and fifty-six Cents ( $0.56 ) is agreed upon• for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 48,000 trips of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. - • * • ATTACHMENT A Information and Referral 1. Location of Service Provision. This service shall be carried out for older persons in Orangp County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $16,753 Federal funds, $985.00 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $1,971 Cash and -0.: In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of nine Dollars and eighty-six Cents ( $9.86 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 t of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will, work towards delivering 2, 000 contacts of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jeri", M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A Case Management 1. Location of Service Provision. This service shall be carried out for older persons in. Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $14, 066 Federal funds, $827.00 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $1,655 Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of sixteen Dollars and fifty-four Cents ( $16.54 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering linnp _tinurcz of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that Jerry M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of Contract. - • . • • ATTACHMENT A Chore 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $1,184 Federal funds, $70.00 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $140.00 Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of two Dollars and seventy-nine Cents ( $2.79 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 90 % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 500 hours of acceptable units of service to eligible recipients by June 30, 1986. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that aerry. .M,. Passmoxe shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. . . . A , ATTACHMENT A SENIOR CENTER OPERATION 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of $24,339 Federal funds, $1,432 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $2,863 Cash and -o- In-kind resources shall be required under this contract. 4. Scope of Service Units. It is agreed that Contractor will work towards delivering a broad range of activities at two or more multipurpose senior centers in the County. 5. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 6. Personnel. It is understood and agreed that Jerry .M. Passmore shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • • • • • 173 op.AE COUNTY - scaRo OF CCMISSIONOS Action Agenda Item ACTION.' AGEMIN 1:11:.,1 ABSTRACT MEETENG DATE AUGUST 5, 1985 Subject: Land Records State Grant to Orange County. - Resolution. repartrren Land Recprci .1 Publ ic Hearing: yes f. no 1 . . • Attachment(e) : Tilformation COntect: Roscoe Reeve Grant Application Phone Narber: 967-9251, 732-8181 Ext 547 PURIKEE: For the Board to approve a resolution of desire to continue participation in the State of North Carolina' s Land Records Management Program, and to receive State grant funds for the improvement of Orange County' s land records. NM: This resolution is an annual requirement of the grant program, and is tp be a part of the application to the State (Department of Administration) for matching funds in FY 1985-86. EVACT: The participation resolution,as part of Orange County' s application for assistance funds, will qualify the County-- for receiving $89,000 in matching funds for the remapping project. 174 is BE IT RESOLVED, by the Orange County Board of Commissioners, that it recognizes and appreciates the Land Records Management Program and its assistance to counties through matching grants, and desires to participate in the modernization program of land records for the 1985-1986 year. It further agrees to abide by the agreements and contracts with the program that are mutually adopted. xrs . Ea� tl f , 175• NORTH CAROLINA DEPARTMENT OF ADMINISTRATION ic»>••TATE OFFICE U o ,t STATE OFFICE USE ONLv a LAND RECORDS MANAGEMENT GRANT APPLICATION ' DATE RECEIVED DATE EFFECTIVE: under authority of Chapter 1099,Session Lows,1977 v ,;DATE OFFERED: AMOUNT: 'An Act to Provide Assistance to Counties for the Improvement of Land Records' r ' EP ---__ .. _ INSTRUCTIONS: Complete all items. Submit in duplicate to: DATE•ACCTED: :• ' N.C.Department of Admint•stratien,Office of.Administrative Analysis, 116 W,Jones St., Raleigh,N.C. 27603 ,.,.. .:: a s:■s r etc•evor Lwr.+ HE BOARD OF COUNTY COMMISSIONERS OF: . AREA CODE/PRO E: Orange 919 732.-8181 Ext 547 •DORESS(street or box,city,town, zip code) 106 E Margaret Lane, Hillsborciugh, 3VC 27278 ' PROJECT TYPE:(check all applicable) TOTAL GRANT REQUEST: TOTAL EST. PROJECT COST; C ABASE MAPS ❑PARCEL IDENTIFIER S • S �r OCADASTRAL MAPS ❑AUTOMATED SYSTEM 89,946 179 ,892 • CERTIFICATION: The attached statements and exhibits are hereby made part of this opplication and the undersigned representative of the applicant certifies that the information contained therein is true,correct, and complete to the best of his knowledge and belief. He further ys, certifies that: he hos been authorized to file this application by formal action of the Board of County Commissioners of said county as is by copy of authorization mode by the Eoard of County Commissioners; the applicant agrees tho'it a Stare s evidenced b the certified ea Grant for the project is made pursuant to the Act to Provide Assistance to Counties for the Improvement of Lend Records the app.ic:1t .'.l7 arrange financing for all remaining costs of the approved project; the applicant will provide proper and efficient operation and maintenance of the approved prefect after completion thereof; and the applicant has substantially complied with or wi'l substantially comply r. 'h a" • State and local laws, rules,regulations, and ordinances applicable to the project. i NaR O 0 PRESENTATIVE: SIGNATURE: 1Di.TE: Reeve Land Records Manager '� - ...,. Z-• .�,M,.a.,. 7-10-85 PROJECT DESCRIPTION (to be attached to application) ' This item shall briefly define the work to be accomplished with the assistance of the grant funds requested herein. Such work shall be os outline? in the applicant county's Long Range Plan for Modernization of Land Records broken down into convenient units or projects to be fundea sepo'e••••. k.' and in logical sequence, Projects should generally be scheduled to be completed within 3 years or less. Describe the proposed project ire terms of man months,work elements and related costs. Indicate where additional personnel,consulting services, and equipment purchases may be required. Office space and additional overhead expenses should be noted. Other details that will further deli-re the project should be included to assist the Department of Administration in arriving at a most favorable assessment of the described project.• REQUIRED DOCUMENTATION(the following documents ore required as part of application, explain briefly if-they are not attoched) 1. Resolutionfs)of Board of County Commissioners providing required assurances and agreements. az' 2. Long Range Plan for Modernization of Land Records(see Keys to Modernization of County Land Records). 3. Agreements with affected county officials. 4. Name and address of Land Records Manager. Resolution establishing capitol reserve fund(if applicable), GENERAL PROJECT INFORMATION 1. Enter number of parcels in county os of date of application: Enter date of next revaluation• 46,000 19$7 3. Enter estimated project costs for appropriate project: •`~ f A. BASE MAPS (1) AERIAL PHOTOGRAPHY (2) CARTOGRAPHIC BASE MAPS S (3) ORTHOPHOTOBASEMAPS (Chapel Hill Township) S 179 ,892 • B. CADASTRAL MAPS 3 C. STANDARDIZED SYSTEM OF PARCEL IDENTIFIERS C b. AUTOMATION OF LAND RECORDS $ J TOTAL: s 179 ,892 j • 176 FINANCIAL INFORMATION 1.Souree(s)of funds: of A, Funds to be mode available by the applicant: • AMOUNT DATE AVAILABLE G4` ..: : . CASH $ 89,946 • GENERAL OBLIGATION BONDS $ $ OTHER (specify) • • B. STATE GRANT REQUESTED $ 89 ,946 • gx�4 C. FEDERAL GRANT—IN...AID $ TOTAL: $ 179 ,892 1 j 2. Name sources and amounts of Federal grants and loans requested. Indicate status of each request: t • • 3, II bond financing is required for Project: A.QYES Has bond issue been authorized by governing body? If yes,give ornount& date:, []NO If no,explain: B,DYES•1s referendum required to approve bond authorization? ONO 1. OYES Has referendum been held? If yes,give results and dote: JPASSrFAIL ONO If no,explain plans and proposed referendum date: 4.Most recent official total tax rote: 5.Estimate debt service tax increase caused by project: $ • 58 per$10o assessed value $ per$IGO assessed value 6,Outstanding bonded debt excluding bends for th;s project: 7.Total appraised property valuation: $ $ 2,242,332 ,839 8. Proposed project of$ ,when added tc existing indebtedness,does exceed present debt limit provisions of tt.e genera: law. of the State. Expjoin:• v _ - 177 Name and Address of Land Records Manager: Roscoe E. Reeve Land Records Office Orange County 208 South Cameron Street Hillsborough, NC 27278 Plan: This grant request is a part of the on-going participation of Orange County in the State's Land Records Modernization Program through the Department of Administration. This request is for Proposal i Phase 2 of the Contract with L Robert Kimball & Assoc, and marks the 2nd year of the program to completely re-map Orange County with base maps and digital cadastral mapping. This year will complete the analytical for Chapel Hill Township, and provide orthophoto base maps , with topo in some cases , for Chapel Hill Township - per plan proposed and followed with the Land Records Management Program, in compliance with Standards . (Resolution of Participation by Commissioners to follow) • ORANGE COUNTY 178 BOARD OF COMMISSIONERS ACTION AgNDA • ACTION AGENDA ITEM ABSTRACT ITEM NO.V.Z9 MEETING DATE Allgust 5, 1985 • SUBJECT: Contract for Food Stamp Mailing DEPARTMENT: Social Services • .PUBLIC HEARING: YES * x NO ATTACHMENT(S): 0 INFORMATION CONTACT: Thomas M. Ward (3) Service Agreement forms PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 • CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: To continue present contract with Cost Containment Incorporated • • • - • • NEED:. • - We have just completed three years of contracting for the mailing of food . coupons and are satisfied with the service given by this firm The terms of this contract are unchanged from 84-85. • • • • • • • IMPACT: • " . Sufficient funds are budgeted for 85-86. • • • RECOMMENDATION(S): Approve renewal of Food Stamp mailing contract with Cost Containment, Inc. for total amount not to exceed $6,600.00. • • • 7."*" - • 179 • SERVICE AGREEMENT ! Orange COUNTY THIS SERVICE AGREEMENT entered into as of the 30th day of June 19 85 , by and between COST CONTAINMENT, INC. a corporation incorporated • under the laws of the State of North Carolina with a place of buSiness in Wake County, North Carolina (Commerce Building, Post Office Box 1661, Raleigh North Carolina 27602), hereafter referred to as Contractor, and Orange County a body corporate and politic, of Orange County, Hillsborduaah N. C. , hereafter referred to as County shall be valid for 12 months commencing the effective date hereof -.'nless terminated pursuant to this agreement. • FOR AND IN CONSIDERATION OF SERVICE PAYMENTS and the mutual covenants and agreements herein set forth, IT IS STIPULATED AND AGREED: 1. SERVICE PAYMENTS: County agrees to pay to Contractor for service: (a) Fifty-five cents ($.55) per transaction per month. A trans- , action is the mailing of the correct amount and number of food stamp coupons (hereafter called coupons), correctly addressed and postage prepaid by the Contractor to a desig- nated client of the County, at an address furnished to the Contractor by the State (F.S.I.S.) . The address to be in • the form of an insert for a window envelope. (b) The cost of postage for each transaction in addition to the transaction fee. Postage cost will be itemized for the County each month. In the event the U. S. Postal Service increases the cost of the 1st Class mailing during the contract period, the increased costs of postage (to the Contractor) shall be borne by the County beginning with the month such increase occurs. All monthly service payments shall be paid to Cost Containment, Inc. P. O. Box 1661, Raleigh, North Carolina 27602. Compensation at the rate set above to represent full and complete compensation for services render- ed under the terms of this agreement with total cost to the County not to exceed $ 6600. for the 12-month period covered by this agreement. • • . • • • Page 2 180 SERVICE AGREEMENT • II. SERVICE PROVIDED: Contractor agrees to provide the following servlce to the County: (a) Contractor will correctly mail, by First-Class mail, food stamp coupons (hereafter called coupons) to clients desig- nated by the County at the addresses furnished to the Con- - tractor by the State. (b) Contractor will, within 24-hours of receipt of the same from the County, make any and all changes of the mailing lists to • comply with the applicable changes submitted to ensure the correct mailing to clients at changed and corrected addresses. (c) The Contractor will complete and deliver a monthly FNS-250 report to the County for certification and forwarding to the • State Office. The Contractor will complete a daily Cashier's Reconciliation Report (CDRR) and forward same to the County along with a copy of the issuance register. The Contractor shall also provide to the County such information needed by • the County to complete reports as may be required. t• (d) In order to deter thefts, Contractor will stagger the dates of mailing of coupons by date and zip code according to in- structions from the County. (e) Performance of service will be conducted in a manner to ensure the confidentiality of information, data, instruments, docu- ments, studies, and reports given to Contractor to use or pre- , pare for the County. III. LIABILITY: Inasmuch as the County is liable to the State of North • Carolina for any unauthorized coupon issuances or coupon thefts and for any coupon shortages or losses for whatever cause, including, but not limited • to, loss due to erroneous mailings, the Contractor agrees that it shall be liable to the County in like manner and amount and shall hold the County harmless from claims of the State arising from any such cause; the Contractor further agrees: (a) That it will maintain in full force and effect during the term of this contract, or any renewal or extension thereof, such in- surance or bond, and in such amount, as the County/City may re- quire to indemnify the County/City against any theft of coupons while they are in the actual or constructive possession of the Contractor, its agents and employees, and against any loss or • shortage of coupons or other loss arising out of any act or omission of the Contractor, its agents and employees. (b) That if the County/City suffers any loss of any shortage or reduction in coupons by reason of any act or omission of the Contractor, its agents or employees, the County/City, at its election, may recover the value of its losses by requiring that the Contractor pay the amount of such loss or by deduct- ing the amount of such loss from service payments due the Contractor under this contract or both; but in no event shall the amount recovered by the County/City hereunder exceed its • losses. • 181 . Page 3 SERVICE AGREEMENT • *2. XV. AUDITS AND PROCEDURES: As required the Contractor will allow on- site reviews, audits, and inspections by County/City, State, or. Federal staff and comply with their Procedural requirements. Any deviations from Federal or State guidelines and procedures by either Contractor or County/City must have both the State office and FNS PRIOR approval. V. DEFAULT AND TERMINATION: (a) Upon default by County/City, Contractor shall determine and receive from County/City the sum due for services rendered. In the event Contractor shall be required to institute a suit to collect any unpaid service payments due under this service •-, agreement, Contractor shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of the service payments so recovered by the Contractor from County/City. (b) Upon default by Contractor, County/City shall be entitled to 4 immediate termination of this agreement and, further, to 1 liquidated damages in an amount equal to the sum of service •tt payments made by County/City to Contractor for the first month of service rendered under this agreement. County/city, however, is not limited to the amount of liquidated damages if the County/ City suffers damages in excess of the amount of liquidated damages determined as herein set forth. In the event County/ City shall be required to institute a suit to collect any -• • damages for any amounts due under this agreement, County/ City shall be entitled to reasonable attorney's fees set by the Court which shall not be more than 15 per cent of any amount recovered by County/City from Contractor. (c) Either party may terminate this agreement by giving to the other party hereto a written notice of its intention to terminate this agreement. This agreement shall be considered terminated upon the date set forth for termination of the agreement which • shall be not less than 60 days from the service and delivery of the notice. The parties hereto may agree to an earlier date of termination of the agreement. Contract may be terminated because of circumstances beyond control of Contractor - such as war, strikes, riot and/or natural disaster. • VI. SPECIAL PROVISIONS: (a) It is understood and agreed between the Contractor and the County/City that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation or appropriation of necessary funds to the County/City. by the Federal Government and the State of N. C. for the purposes set forth in this agreement. • • • . . Cl" 4 e' z.t. . Page 4. . 182 . SERVICE AGREEMENT (b) County/City may, from time to time, require changes in the scope of the services of the Contractor to be performed under . this agreement including but not limited to renewal or ex- .', tensions shall be incorporated in written amendments to this agreement. -''' • (c) Neither this agreement nor any part hereof which involves -= - the Specialized skill or expertise of the Contractor shall be assigned, subcontracted, or in any way transferred with- out the prior approval of the Contract Administrator (project , • coordinator) and the State of N. C. - . (d) The authorized County/County official, _Tom Ward is disignated as the Contract Administrator (project coordi- nator) for the County/City with responsibility for all Matters relating to this agreement including but not limited to in- -, voice approval. However, any CHANGES in the scope of the agreement which will increase or decrease-the Contractor's compensation shall not be effective until they have been ap- - --: proved by the Contract Administrator and until they have been , • approved by the Contract Administrator and documented through a written amendment to this agreement. (e) Contractor shall comply with all provisions of Executive Order 11246, entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60) . (f) County/city officials, State Officials, Contract Coordinator, the Federal Grantor Agency, the Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers and records which are in any way pertinent to this agreement for the pur- pose of making audit explanation, excerpts, and transcriptions. Contractor shall maintain all required records for three years ' after the County/City makes final payments and all pending • matters are closed. Contractor assures the County/City that 4 the County/City, with the other officials and agencies men- , tioned in this item (f), Section VI, of this agreement, shall have access to any and all, books, documents, papers, and records of the Contractor for the purpose of audit, examination, ex- , , cerpts, and transcriptions. (g) Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State Energy Conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-165) (h) The County is granted the right to renew this contract for an additional two years as long as the cost and the specifications remain the same. • • --------- 183 • Page 5 fl SERVICE AGREEMENT 17z,•, (i) The Contractor will be responsible for all County losses under the U.S.D.A. regulations for replacements for any quarter as long as the administration abides by the following conditions: L. All issuances for $300 or over shall be sent to the recipient by certified, first-class mail or is given to the client by over-the-counter issuance. 2. Following a replacement, future issuances will be sent by certified, first-class mail or the client will report to the agency for over-the-counter issuance- 31: 3. The agency will report the list of monthly replace- ments to the Contractor to be matched against the re- turned mail. 4. The Postal cost of certified mailings will be report- ed with the cost of postage. 5. One mail day will be selected by the County to repre- sent all cases to be sent by certified, first-class mail. Another mail day will be used to identify all cases to be sent to the agency for over-the-counter issuance. (The computer has ten mail days to be used for regular and special handling of issuances.) VII. AUTHORITY OF COUNTY/CITY: The official executing this agreement covenants that he or she has authority to execute this agreement on behalf of the County/City of Orange , and approves the proposal submitted by the Contractor for the services to be rendered as set forth in Section II of this agreement. 1,t VIII: INDEPENDENT CONTRACTOR: Conformity with The Laws (a) For all purposes of this agreement, the Contractor shall be deemed an independent Contractor, and neither the Contractor nor its agents or employees are or shall be deemed to be agents or employees of the County/City or of the State of N.c ; and the Contractor shall hold and save harmless the County/City and the State of from the claims of third • parties arising out of any act or omission of the Contractor, • its agents or employees, in performance of this agreement. (b) The Contractor shall pay all taxes, assessments, premiums • and fees and shall file all reports and returns required by law and arising out of its operations under this agreement. (c) The Contractor shall perform its obligations under this agree- ment in conformity with all applicable laws and regulations, • Federal, State, or local. • • 184 Page Six SERVICE AGREEMENT IN WITNESS WHEREOF, the parties through their duly authorized representative, have caused this agreement to be executed in their respective names on the day and year first above written. • CHAIRMAN, BOARD OF COUNTY COMMISSIONERS OR AUTHORIZED COUNTY OFFICIAL J.` • Sworn and subscribed to before me this the day of 19. NOTARY PUBLIC ATTEST: COST CONTAINMENT, INC. • by: 110 BOARD :ER P—SIDEN : Robert G. Stewart (CORPORhTE SEAL) "This instunnent ha been prenudited in the manner required by the Local Government • Duke: an Facai Cr41.trel Act. • Firmnce Off leer of Ora:gre Comity" • • OFFICIAL COPY APPROVED 11/19/85 MINUTES ORANGE COUNTY BOARD OP COMMISSIONERS REGULAR MEETING AUGUST 5, 1985 The Orange County Board of Commissioners met in regular session on Monday, August 5, 1985, 7:30 p.m. in the Commissioners' Room in the Orange County Courthouse, Hillsborough, North Carolina. SIONMEAML2ggmgi Chair Don Willhoit, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd, and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. 6161ZE_Eggiffla Assistant County Managers Albert Kittrell and William P. Laws, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Data Processing Manager Keith Brooks, Recruitment and EED Specialist Vanessa Bryan, Director of Planning Marvin Collins, Personnel Analyst Darlene Parrish, Planner Eddie Kirk, Tax Supervisor Kermit M. Lloyd, Director of Aging Jerry Passmore, Director of Health Jerry Robinson, Planner Susan Smith, Systems Analyst Jane Sparks, Senior Center Supervisor Melody Trent, and Director of Personnel Beverly- Whitehead. =SIMMUB, None Ra-----ALUTAICESEREE 1.4.--EMERS ( I THE PRINTED AGENDA, Chair Willhoit requested those who would like to speak to the public hearing it to sign their name on a list that was being circulated. 2. mATIMEAMCEMELmumaxa None. CAAINUEEE Chair Willhoit requested the minutes be postponed until the next meeting. Ett_kaamanymte AWARDS Don Willhoit recognized on behalf of the Board and expressed appreciation to those persons responsible for planning and developing the projects for which awards were granted. They are as follows: (1) Coordinated Leisure.Programming for Senior Citizens - award received by Ruth West and Jerry Passmore. (2) Public Health Dental Screening - award received by Evelyn Lloyd and Jerry Robinson. (3) Countywide Computerization - award received by Keith Brooks and Jane Sparks. (4) Computerization for Sheriff Data and Reporting - award received by Jane Sparks. EL__AMNIMOMME CABBMO.11,MinsragABR Motion was made by Commdssioner Marshall, seconded by Commissioner Carey to appoint Olivia Ludington, VOTE: UNANIMOUS. MISS Motion was made by Connissioner Carey, seconded by Commissioner Lloyd to reappoint Mary Copeland. VOTE: UNANIMOUS. MiatraMitturrEE Motion was made by Commissioner Marshall, seconded by . Commissioner Carey to appoint Maggie L. Lee. VOTE: UNANIMOUS. gLIPMITELM5&120. Motion was made by Commissioner Marshall, seconded by Comedssioner Carey to appoint Martha H. Keating. 2 VOTE: UNANIMOUS. Motion was made by CommissimerMarshall, seconded by Commissioner Carey to appoint Mary Cay Corr, Peter A. Tbpping, and A. Joy Prelinger. VOTE: UNANIMOUS. cpAPEL HILL BOARD OE ADJUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Edward White as a regular member. VOTE: UNANIMOUS. QEMESKINEYQEMMEgm Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Michael R. Drowns as a regtilarmaber and Thomas M. Readen as an alternate. VOTE: UNANIMOUS. EMIRUIV/EXCUMIL Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint G. Kenneth Morgan. VOTE: UNANIMOUS. CgRaLgilacams_AposniamP Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Velverton Land. VOTE: UNANIMOUS. 1._ _LM736- gamma manRimatigEruzgam (A, copy of the program is in the permanent agenda file in the Clerk's office) Bill Buchanan, member of the Board of Transportation, introduced John Watkins Division Engineer who explained the rating system for the secondary roaks. The County is allocated an amount of money based on the number of unpaved roads as compared with the total number of unpaved roads in the State. The general statute requires that a priority system be established and followed for the paving of unpaved roads. The amount allocated to Orange County for 1985-86 is $573,272. Watkins noted that Old NC 86 will continually need to be upgraded since it is the only north-south road that is legal to carry heavy loads. He listed those roads which are proposed for the 1985-86 road improvement program and pointed out that SR 1538, New Sharon Church Road, from SR 1003 to NC 57 is partially funded this year and will be completed next year. Chair Willhoit received from the Secondary Road Committee, which was appointed last year, a resolution which questioned why Saddle Drive, which did not ever appear on the list, is now scheduled to be paved. Watkins indicated that this road begins in Durham County and extends into Orange County. Watkins explained that Participatory Owner type Programs (POP) are projects classified as subdivisions or roads where there is a high density of houses. The POP list is compiled on a first come first serve basis and is generated by a petition signed by 75% of the property owners comprising 75% of the front footage. Ida Fuller asked that more consideration be given to those who live in the Northern part of the County and to those roads that need to be paved. Sonna Richmond referred to Road #1362 and her desire to get it paved because of the bus traffic and the ruts and dust. Odessa Corbett asked about SR 1127 and if enough funds were available to complete the project and Mr. Watkins indicated the project would be placed first on the priority list for next year for ccapletion. Corbett endorsed the project. Vance Thompson spoke on behalf of Ellie Mae Road #1362. There are 16 families on the road with four (4) school buses, and a church. Thompson indicated that the road is bad in the winter and that dust is also a problem. Be asked consideration for paving the road. Joe Thompson expressed concern about #1362 and the dust, ruts, and glass on the road and asked for gravel to be put on the road. 3,r...' '' '2- ' ' • 3 Watkins asked that the SeconlazyRoad Advisory Committee send to Mr. Buchanan any suggestions for changing the point system. Barbara Lakey represented about 40 people from New Sharon Church Road and expressed Appreciation for the state placing this road on the 1985-86 list and asked that the Board of commissioners approve the reconneeded list. t J. W. Taylor travels several of the dirt roads daily and noted that with the system which is presently used, there is no way those roads will ever be paved. There is a need to look at the formula and the PCP program to make it more equitable. Pearl Simpson, representing New Sharon Church Road, indicated they have had the runaround since 1972. Admen petitions have been signed and the road is in very bad condition. There are five (5) school buses that travel the road several times a day. Gerry Hancock asked when the work would start on the projects recommended for approval and if there was any assurance the money would be ) available to finish the road. • Watkins stated they could not give a definite assurance because it depends on the General Assembly and the funds allocated for the program. The work may begin in the fall of 1985 but most likely will begin in the spring of 1986. They must wait on the availability of equipment. Stan Lakey asked for a time table for the completion of the work on New Sharon Church Road and asked if there is anything the people in that community could do to expedite the project. Mr. Watkins noted there is nothing to do since the right-of-way is already there. Burrie Pinnix expressed concern about a three mile stretch of SR 1341B on Harmon Church Road and questioned why only a portion of that road is paved. Watkins explained that some roads are broken into sections according to the number of paved crossroads. Pinnix noted there is a lot of school bus traffic. The scraper comes just before a rain and there is no gravel on the road which would be appreciated. Lloyd Pinnix expressed concern about the ruts on SR 1341B. Vance Thompson also questioned the paving procedure for #1361 and why part of the road had been paved for 15 years and the remainder not paved. Watkins noted the priority system started in 1972 and he cannot speak to the criteria used before that time. Commissioner Carey questioned whether the point system for school buses reflected the number of buses or number of routes. Commissioner Marshall expressed to Mr. Buchanan a concern for the program which seems to discriminate against some people and feels that the State needs to look closely at the problem. Buchanan spoke as a Board member and noted that if the Board of Commissioners feels this program is not serving those people in the area, they may pass a resolution to pave a road and hold a public hearing and forward a letter to move the road out of priority and he would recommend to the Board of Transportation to move it out of priority. The system does not discriminate between black, white, etc. but is a fair system. He would like to receive any recommendations for making the system more equitable. Commissioner Walker stated he feels the system is fair and that no one is discriminated against. Commissioner Marshall expressed concern for roads on the priority list which have been moved further down on the list. Chair Willhoit noted that when they added the subdivision roads to the list in 1983 it caused some roads to be moved down on the list. Watkins explained that the rural roads with 100 traffic court or more are put on the top of the priority list and the subdivision roads are mixed in below according to the point system. mitemellmmtesene....---- ' - Chair Willhoit referred the public comments to the Secondary Road improvement Advisory Committee and Mr. George H. Bressler, Chair of that committee. He asked if a tour could be arranged for the Board to look at some of the roads. Thompson questioned the repaving of roads and John Watkins indicated that the State has reduced the spot stabilization program. Those funds are allocated to the County for maintenance. THERE BEING NO FUPagERcaelEurs, THE BEARING WAS CLOSED. kik& 't c1/4 ILEW t kit.) Planner Susan Smith presented for public comment the Preliminary Assessment Roll for Pineview Road/Pineview Drive. Nettie CONeal spoke of her inability to pay the assessment. ger daughter Joyce Hewett indicated they are not opposed to the paving of the road but only that some of the people cannot afford to pay the assessment. Her mother is living on disability income and has been assessed $567.12. O'Neal'a house faces Sesame Road but her driveway is on Pineview Road. Chair Willhoit pointed out that the requirements for the project had been complied with and asked what the impact would be on the project if this property was deleted. Commissioner Walker questioned the possibility of the other property owners paying the assessment for Mrs. O'Neal. Geoffrey Gledhill indicated that each property owner would be assessed for a portion of the total project cost. However, if the individual assessment amounts were to be changed, the process would need to be repeated. THERE BEING NO FURTHER ODDMENTS, THE HEARING WAS CLOSED. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to defer action on the Pineview Road/Pineview Drive PPP Project. VOTE: UNANIMOUS. 1,----MEMETER4801308alE- 1111118515EMENLEGM, Planner Susan Smith presented for public comment the Preliminary Assessment Roll for Clearwater Lake Road. The assessment was done on a per lot basis. THERE BEING ND COMMENTS, THE HEAR= WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to (1) confirm the Assessment Roll, (2) Accept the Certificate of Mailing offered by the Clerk, and (3) direct the Tax Collector to collect the assessment. Confirmation time took place at 9:32 p.m. ITEMS FORDeCISION *0 y' __ ii •• elk Judy Eastman, Chair of the Commission for Women, presented for consideration of adoption the following resolution prepared by the Orange County Commission for Woman: WHEREAS, Harriet Morehead Berry (July 22, 1877-March 24, 1940) was a native of Hillsborough and a long time resident of Chapel Hill and Orange County, and WHEREAS, Harriet Morehead Berry from 1917-1921 was a leader in the North Carolina good roads movement, and WHEREAS, Ms. Berry, as acting head of the North Carolina Geological and Economic Survey, led the North Carolina Good Roads Association in an attempt to secure legislation to construct a state system of hard-surface roads, and WHEREAS, upon failure to secure an adequate law, she exerted strenuous efforts between 1919 and 1921 to speak in 89 of North Carolina's 100 counties, and disseminated news releases, letters, petitions, and circulars, and WHEREAS, through her efforts the membership of the North Carolina Good Roads Association increased from 272 to 5500, and WHEREAS, in 1921 she led a unified and enthusiastic good roads movement to the General Assembly and emerged with a road law eaffullasszelmmutan,---- M 5, that created a powerful state highway commission and committed North Carolina to the construction of a state system of modern highways, and WHEREAS, Josephus Daniels, long time editor of the Raleigh NEWS . AND OBSERVER, wrote, to her credit stands one of the most ,- stupendous pieces of legislation in the history of the state, the authorization of a statewide system of road", and WHEREAS, in 1962 the state highway commission authorized placement of a bronze plaque in the Highway Building i.• commemorating Harriet Morehead Berry as "North Carolina Mother of Good Roads", and WHEREAS, no highway in North Carolina is named for Ms. Berry, and - WHEREAS, Interstate Highway 40 is now under construction in Orange County, - THEREFORE BE TT RESOLVED that the North Carolina Board of Transportation, in recognition of Mt. Berry's contributions and 7f. leadership, name the Orange County segment of Interstate Highway 40 the HARRIET MOREHEAD BMW HIGHWAY," Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the resolution as stated above. VOTE: UNANIMOUS. ft la-819 -86.--MCWITH9r-"lKe9rMS-2-4ntaRMotionwasmadCcatmissnerWalker, seconded by Commissioner Carey to approve the 1985-86 secondary road improvements program as proposed , by the Department of Transportation. : VOTE: UNANIMOUS. , .n25i"-211Q4111W-JEIMPlanSusanSmithpresentedforconsideration of approval the Preliminary Plan for Leonard Wilson. The property is located in Little River Township along Schley Road. Nine lots are proposed out of approximately 9.73 acres. The property is not zoned and is designated Agricultural-Residential in the Land Use Plan. The Planning Board recommends approval subject to the following conditions: (1) Combined driveways between lots 1 and 2, 3 and 4, 5 and 6, and 7 and 8. (2) Health Department approval. As of July 22, 1985, the Health Department has checked and approved 7 of the 9 lots. Smith indicated that the applicant made every effort to have the Health Department review all lots well in advance of submitting the preliminary plan for approval. In response to a question whether Health Department approval is required on all the lots, she indicated there are ways to handle it through the subdivision process when final plans are reviewed for approval and before they are recorded. If there is a lot that does not perk and has been checked by the Health Department, there is a notation put on the plat that the lot is unsuitable for building purposes. If the applicant simply wants to subdivide the property for some other purpose and does not choose to have the Health Department review, the notation is similarly put on the plat. Motion was made by Commissioner Lloyd to approve the recommendation of the Planning Board. MOTION DIES FOR LACK OF A SECOND, Carl Walters, representative of the Planning Board, noted that the applicant acted in good faith and felt the notation on the plat was sufficient to insure compliance and there was no need to delay. Motion was made by Commissioner Lloyd to approve the recommendation of the Planning Board subject to the Health Department approval of all nine lots, 6 Chair Willhoit made a substitute motion to include the recommendation of the Planning Board and allow the applicant to combine lots which do not pass the soil evaluation test with those that do. Commissioner Carey seconded the motion. VOTE TO SUBSTITUTE: UMNIMCOS. VOTE ON ITT:_simaszmurE MOTION: UNANIMOUS. . ..., Y -11• DIVEYM FOR PATRICIA R. ENOCH - PRIMIMINARY PLAN Planner Susan Smith presented for consideration of approval the Preliminary Plan for the property surveyed for Patricia R. Enoch. The property is located on SR1310 (Frazier Road) in Cheeks Township. The tract is designated as rural Residential and Water Supply Watershed on the Land Use Plan. One lot is proposed out of 16.97 acres. The Planning Board reconmends approval with the condition that the front yard setback be changed to 40 feet as required in a R-1 district. Motion was made by Conmissioner Carey, seconded by Commissioner Marshall to approve the reccumendation of the Planning Board, VCTE: UNANIMOUS. ,CNN AC "14 _ - 'I 114;1. Planner Susan Smith presented for consideration of approval the Preliminary Plan for North Pork Phase II. The property is located in Little River Township off N.C. 57. Twelve lots are proposed out of 12.74 acres. The Planning Board recommended approval subject to the following conditions: (1) Access to Sweet Drive be restricted by note on the plat or by a restricted access easement of 15 feet along Sweet Drive. (2) NCDCT approval. NCDOT is waiting for Phase I to be replatted with property lines to the edge of the right-of-way and re- recorded with DEDOT stamp. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 011. Planner Susan Smith presented for consideration of approval the Preliminary Plan for Wedgewood Section 2. The property is located in Cheeks Township off West Lebanon Road with one lot fronting on Frazier Road. Four lots are proposed out of approximately 10.19 acres. MCDOT has indicated that the sight distance looking west along SR 1306 is adequate; however, sight distance looking east is less than desirable. The road serving the subdivision was established as part of the minor subdivision. The Planning Board recommends denial based on a motion for approval that failed on a 3 to 4 vote. The reasons stated for denial were traffic safety and concerns about development in a water supply watershed. The Planning Staff recommends approval with a 30-foot drainage easement along the creek through Lots 3, 4, and 5. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation from the Planning Board for denial. Carl. Walters, a member of the Planning Board, indicated no consideration was given for an entrance on Frazier Road. That road has twice the lot frontage, a stop sign and a lower speed limit. He felt the lack of adequate site distance created a dangerous condition. Consideration should have been made for putting an entrance onto Frazier Road because of the safety factor, the 55 mph speed limit on Lebanon Road, and the anticipated growth in the area. Commissioner Marshall questioned the approach of requesting subdivision approval, then returning later and using the pre-existing road as a basis for further development. Greg Sheperd, representing the applicant, made some comments with• regard to site distance and cited Section IVE3C of the Subdivision Regulations which states that public streets may be constructed to NCDOT Standards, including those for sight distance. Section IVB3E states that Private Roads ; 7 may be constructed to Orange County standards which do not require a udnimml sight distance. Sheperd pointed out on a map those areas affected by limited sight distance. The best solution would be to move the road further east ',- which would enable a person approaching the intersection to see further down the hill. That is not possible because of an existing lot. A cul-de-sac off of Frazier Road is not desirable because the proposed lot layout would result in two lots with double frontage which is not permissible in the Subdivision _. Ordinance, and two lots which are useless because of their location. He expressed no problem in accepting the recommendation of the Planning Staff. A motion to substitute a motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the recommendation of the Planning Staff. VOTE ON TBEMOTION TO SUBSTITUTE: AYES, 4, NOES, 1 (Commissioner Carey) . VOTE ON THE suBsrmuTE MOTION: AYES, 4, NOES, 1 (Commissioner Carey). ' •LE:A49,74 •32 ste 14 44,1Dis.1 w_kx • :1 _4_0 I-i LEMR---CCEMMISCRM Planner Gene Bell presented for consideration a proposed secondary amendment to the Land Use Plan submitted to public hearing on May 28, 1985. Two principal issues were raised: (1) undesirable and potentially hazardous industrial wastewater runoff and (2) possible expansion of an existing concrete plant operation. Following the hearing, Mr. Chandler, the owner, '-i amended his application to include an area of 1.41 acres rather than 4.34 acres as originally requested. This would give him just enough area to s-,- encompass the retention ponds. The amended application sought to address the ' protection of the public safety, health and welfare, and citizen concerns regarding expansion of the plant and increased traffic. The Planning Board recommends denial of the request based on a 3 to 4 vote on a motion to approve the 1.41 acre amended request. The Planning Department recommends approval of the request provided that a smaller area of the lot in question is designated. Staff recommends that the proposed lot line be moved to the northwest approximately 120 feet reducing the area for redesignation from 1.41 acres to 0.86 acres. Chair Willhoit acknowledged receipt of a letter from Mr. Harry Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the Harkins, attorney representing Mb. Rhine and Ns. Feather, requesting that the amended application be subject to another public hearing because of the substantial change in the application. John Chandler,. President of Chandler Concrete, indicated the request is a modification of the request that went to public bearing on May 28. The request is that less property be subject to the Land Use Plan. He accepts the decision that expansion of his business is not desired by the community. He constructed the ponds to comply with environmental regulations. He presented a letter to substantiate his comments about the ponds. The 1.41 acres is the minimal amount that will enable him to meet environmental regulations. Philip Post, engineer for the applicant, illustrated on a map the location of the two ponds and the provisions to accommodate the runoff of water. A third basin is recommended in order to accommodate the 100-year storm. In answer to a question from Chair Willhoit, Gene Bell indicated the amendment to the Land Use Plan would be needed to provide for the protection of the public health, safety and welfare and to address the runoff problem. Approval of the request would enable Mr. Chandler to meet local requirements and submit his plans for the retention ponds to the State. Mr. Chandler indicated the amendment is based on an extension of a designated use onto contiguous property not in excess of 10 acres. He pointed out that when the ponds were put in he had a permit to grade and dig the ponds which was approved by the Sedimentation and Erosion Control Officer for the County. 1- kt ..', •- -4. 8 Betsy Rhine, an adjoining property owner, stated Mr. Chandler was directed by the N.C. Division of environmental Management 0.1n10 to put the ponds on his existing land. Gene Bell indicated he spoke with Carolyn McGaskil of NCDEM regarding the original location for the ponds. She indicated they advised Mr. Chandler to put them on the lower end of the property. They knew nothing about Mr. Chandler owning the adjoining tract or the zoning of such property. Phil Post indicated the ponds are on the lowest part of the tract where they should be. Chair Willhoit indicated that because of the number of substantial changes made in the proposal since the public hearing, the project should be scheduled for another public hearing so that the concerns of the citizens may be heard on the amended proposal. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to refer the revised proposal for the 1.41 acres as submitted by the applicant to public hearing on August 28. Joyce Garrett, attorney for Chandler Concrete, noted that consent = by MUER can not be given until there is a modification of the Land Use Plan = and the subsequent rezoning. She emphasized that Mr. Chandler would like a decision just as soon as possible. Chair Willboit indicated there are many concerns and questions which need to be addressed through a new public hearing. The proposal will then of back to the Planning Board before being presented to the Board of Commissioners for a decision. Planning Director Marvin Collins indicated the grading permit was issued because of the interpretation that it was a public health hazard recognized by the State and the County Health Department which had to be addressed. Complaints were then received from the adjoining property owners. The County Attorney then indicated the interpretation was wrong and that Mx. Chandler would have to cease the use of the property for any purpose related to the concrete plant. Commissioner Marshall asked about other solutions to the problem and Phil Post indicated that water from the plant and stcrumater runoff can only be controlled in some down hill area. The best engineering solution was to install the basins. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to have both the rezoning and the Land Use amendment with the revised proposal considered at the same public hearing so the matter can be expedited and the public health problem dealt with. VCTE: UNANIMOUS. 8 t a kiK4421. AL•A.- -92o.v.gio • A. 00j ID_ • • _441- 00_1. Planner Susan Susan Smith presented for consideration of approval a request from Darrell Garrett and Waylon McFarland for modification of the conditions of approval for the Class A Special Use Permit for West Ten Mobile Park granted by the Board on July 1, 1985. The applicant requests that the Board amend the conditions of approval to allow for the construction of a natural base trail system of grass and mulch given the length, estimated use and cost of construction. The original condition indicated the trail system should be built as recommended by the County Recreation Department. That department had recommended a rock dust base. Section 8.7.1.a of the Zoning Ordinance provides that a change in an imposed condition shall constitute a modification and be subject to consideration through a public hearing process. Geoffrey Gledhill clarified that the change can be considered a minor change which would require approval by the Board and not be subject to another public hearing. Motion was made by Commissioner Lloyd, seconded by (tmissioner Carey that the request be considered a minor modification and the applicant be - l' . • .. 9 allowed to add park benches along the pedestrian pathway and delete the rock dust base, substituting instead grass and mulch. VCRS: AYES, 4; WES, 1 (Commissioner Marshall). -.' Chair Willhoit noted that in early June a meeting was held with several nesters of the Planning staff, Alice Gordon, Sylvia Price and Prank ,.. Broome, the executive Vice President of PEE to discuss their short term expansion needs. At the conclusion of the meeting, in an effort to expedite ,..1 proceedings, it was decided to advertise for a July 1, 1985 public hearing. Before the ad was placed, Mr. Broome notified the Planning Department the plans would not be ready for a July 1 public hearing. The item was then placed on the agenda for July 1 requesting a public hearing be held on August 5. Around June 15, a letter was received notifying the County that PRE, Inc. would be moving to Alamance County. Commissioner Carey indicated he also met with Mr. Broome and assured him of his cooperation to accommodate his short term expansion needs. QBara_sgamynamatimmm ( A copy of the Personnel Ordinance is in the permanent agenda file in the Clerk's Cffice) , Beverly Whitehead presented for consideration and adoption the proposed Personnel Ordinance. She clarified that section 2.4 pertains to the employees of the Health Department and the Social Services Department and has no impact on the relationship between the director and their respective Boards which are covered in the General Statutes. In response to a question about the pay plan, Whitehead stated that the Board approves the pay plan apart from the Ordinance on an annual basis. Commissioner Marshall pointed out the range of Board delegation to Manager suggested in G.S. 153-82 and that decisions within these ranges should be made by the Board and included in Article I, Section 7.0 of the Ordinance. Chair Willhoit asked that G.S. 153-82 be distributed to Board for subsequent discussion. It was decided to change the two day time period mentioned in the Sexual Harassment section to immediately and the one day period to immediately, to delete section 6.1 with reference to an employee holding an elective office, to add to the list of definitions the definition of exempt and nonexempt, to include those sections of the General Statutes which are referenced in the Ordinance, to change the wording in section 4.2 to read period of six months, to retain the existing ordinance for workmen's compensation, and to change the "and" in section 9.2.3.a (Travel allowance) to read "or". Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Personnel Ordinance with the changes listed above and the understanding that further modifications will be suggested within the next few weeks. VCTE: UNANIMOUS, The Manager recommended the following action be taken by the Board: - 414/2114 S 2 2 •- ...+2.0.F .2a 1114 ILIA_ 411,I 16 IMEMEISn Accept as to form the legal advertisement for matters to be presented to public hearing on August 26, 1985. The Zoning Atlas amendments under consideration are (1) z-10-85 Cornwallis Bills, and (2) S1.JP-1-85 Bingham School Inn. The Zoning Ordinance text amendments include Articles 6.23.4, 6.24.6, 6.23.7, 6.24.8, 7 and 8. e _?2,dit0 40.4,1 .1 AA A. It - II _ Approve the planning services agreement with the Town of Hillsborough and authorize the Chair to sign. 11L----QMER-412EICABLAMMmoa Approve the contract for Title III-B Older Americans Act (social V 10 services/senior center) funds with Triangle J Council of Governments effective ft''l July 1, 1985 through June 30, 1986 for federal funds in the amount of $83,669. NI 411fi if•I it CV ;411V:fug Approve the RSVP Grant Award from the Town of Carrboro for the period of July 1, 1985 through June 30, 1986 in the amount of $800 in local funds and authorize the Chair to sign. 184 LAND .p•eNPS . e- # TO ORMALIEuzmcgmcm Approve a resolution of desire to continue participation in the ,- State of North Carolina's Land Records Management Program, and to qualify the County for receiving $89,000 in matching funds for the improvement of Orange ,?! w County's land records. The resolution reads as follows: BE IT RESOLVED, by the Orange County Board of Commissioners, that it recognizes and appreciates the Land Records Management Program and its assistance to counties through matching grants, and desires to participate in the modernization program of land records for the 1985-86 year. It further ,-• agrees to abide by the agreements and contracts with the program that are mutually adopted. CQM1ame MOD siii' MUM Approve the renewal of the Food Stamp mailing contract with Cost ci Containment, Inc. for total amount not to exceed $6,600.00 and authorize the .... Chair to sign. i 21,_____Rumcas.anma. Approve the lease with Efland Rescue Unit and Efland Volunteer Fire Department to allow the Orange County Emergency Medical Services to utilize their existing building for housing of Emergency Medical Personnel, equipment and vehicle. • t JAIL pr2.11213-M-CLCUleApnewalheviedicalServicers Agreement with the Grange Family Medical Center for providing health care services to the County Jail for Fiscal Year 1985-86 in the amount of $4,200 and authorize the Chair to sign. Aukte,L •, /nit EIR44el N..., loLog2L 2411.kmml_g_N Approve an agreement with the State of North Carolina, Division of Purchase and Contract whereby the County will become party to their bid procedures for the purchase of six passenger cars, three pick-up trucks, one passenger van and seven police cars and authorize the Chair to sign. : IR 4.24:11/. 41...EZ " 'I J,..VED i.......01 _._ IVO EI,. Award the contract for toilet facility renovations to the D.W. Ward Construction Co. in the amount of $10,958.00 and award the contract for the construction of handicapped ramps to Riggs-Harrod Builders, Inc. of Durham in the amount of $29,995.00 and authorize the Chair to sign said contracts. 2.4....__Mgn,_SmaaScsgxta Approve the renewal of the annual agreement between Orange County and the North Carolina Department of Natural Resources and Community Deveopment for the provision of support of the VC Forest Service in Orange County for FY 85-86,atac02, .. L5 .97,732 and authorize the Chair to sign. A21-----tWittnnagn Approve the following amendments to the 1985-86 Budget Ordinance: Appropriation-Social Services-Long Term Care Screening $ 60,320 Source-Social Services-Long Term Care Screening-Screening $ 4,320 Source-SS Long Term Care Screening-COME XIX $ 50,000 Source-SS Long Term Care Screening-Medical Supplies $ 6,000 Appropriation-Economic Development $ 1,000 Source - Billsborough Chamber of Commerce $ 1,000 2.0.,...____MAIM_IEUMAgozaugagara_samm Approve rescheduling the October 7, 1985 meeting to September 30, 1985. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that the forgoing action be taken by the Board. &mil, 11 VOTE: UNANIMOUS, 5 42e, ' 11. L tit- • MR. ROY D, STCM Mr. Stone presented pictures to show that his house is not completed. Be questioned why his house was evaluated higher than other comparable houses and acreage in his area. Geroge Meyer, Tax Appraiser for Orange County, stated that after considering all the information he cannot justify a reduction in taxes. Mx. Stone refused to allow him inside of the house. In looking at the improved properties in the neighborhood the property was evaluated at 38.78 per square foot which is close to the middle of the range. In terms of "grade of construction" the house is graded at "B". He summarized the list of those houses which have sold within the area in the last six (6) years and their sale price. In conclusion, he could not find any basis to reduce the tax value to keep it fair and in line with the others in the neighborhood. Mr. Stone indicated he felt it would make no difference in the appraisal if he allowed Mr. Meyer to see the inside of the house. NO ACTION WAS TAKEN BY THE BOARD. Chair Wilihoit adjourned the meeting. The next regular meeting will be held on August 20, 1985, at 7:30 p.m. in the Courtroom of the old Post Office in Chapel Bill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS . ACTION A9kHDA ACTION AGENDA ITEM ABSTRACT ITEM NO.S.D.QO. MEETING DATE AUGUST 5, 1985 185 SUBJECT: EMERGENCY MEDICAL SERVICES CONTRACT DEPARTMENT: EMERGENCY SERVICES I I PUBLIC HEARING: X YES NO . • ATTACHMENT(S): INFORMATION CONTACT: Yes PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251' MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: To consider entering into a lease with the Efland Rescue Unit_ and Elfand Volunteer Fire Department to allow the Orange County Emergency Medical . • Services to utilize their existing building for housing of Emergency ••-• Medical Personnel, equipment and vehicle. . NEED: To reduce response times to emergency medical calls in the Efland, Cedar Grove, Buckhorn and Mebane areas of Orange County. • IMPACT: would cause little change in the Emergency Medical Services budget since - this proposal would transfer one of the vehicles and crews presently operating out of the Hillsborough station to the Efland station. RECOMMENDATION(S): That the Board approve the lease with Efland Rescue Unit and Efland Volunteer Fire Department. 1•.0. 186 NORTH CAROLINA LEASE ORANGE COUNTY This lease contract, made this the day of July, 1985, by and between EFLAND RESCUE UNIT and EFLAND VOLUNTEER FIRE COMPANY, INC. a North Carolina Corporation, Lessor, Party of the First Part, and - ORANGE COUNTY, Lessee, Party of the Second Part; WITNESSET H: That the Lessor hereby demises unto the Lessee the premises known as the EFLAND RESCUE UNIT BUILDING in Efland, North Carolina and• • more particularly described as follows: VBEGINNING at Curtis W. Brown's Southeast corner in the public road on South side of Southern Railway in Efland, N.C.; thence along said public road 106 feet to a corner in the public road, this being John Efland, Jr. Northeast corner; thence West 0 along John Efland, Jr. line 200 feet to a stake; thence North 106.feet to a stake Efland and Brown's corner; thence East along Brown's line 200 feet to the BEGINNING CORNER, containing one-half acre more or less. The corner stakes for the corners in the road are set back 10 feet in the line from the 1 ' corner in the public road. This lease is executed upon the following terms and conditions: 1. The Lessee agrees to pay tent of $1.00 for the term. The term shall be for one year with an option to renew for an • I additional one year term. 2. This lease shall not be assigned, nor the leased premises sublet, without the written consent of the Lessors. 3. All repairs shall be made by the Lessee, it being understood and agreed that the premises are being demised as they now -1- 187 stand, without obligation on the part of the Lessors to make repairs or improvements. 4. Lessee may remodel or renovate the premises and make any improvements desired consistent with the operation of the premises as a • rescue unit building. Prior notice of all remodelling, renovation and - improvements shall be given to Lessors and written permission must be obtained. 5. The Lessee covenants and agrees that it will take good care of the premises and upon the termination of this lease will 5 surrender the said premises In as good order and condition as at the beginning of this lease, ordinary wear and tear excepted and that they • will make no unlawful or offensive use of the premises. = 6. If during the term of this lease the leased premises are so damaged by fire, tornado, or other catastrophe or casualty as to • render the same uninhabitable, this lease shall terminate. In TESTIMONY WHEREOF, the parties hereto have hereunto set 0 their hands and seals, this the day and year first above written. a PARrr OP THE FIRST PART: _Av.! 8 W. C. DAWEINS • 1,•1 RESCUE UNIT aod 1 EFLAND VOLUNTEER FIRE COMPANY, Lessor By: JERRr- IN7, for EEL RESCUE mar and =1=i• ETRE CQMPANY, Lessor BY . ORANGE COUNTY WARD OF COMMISSIONERS -2- TOTAL P.01 188 couNry all KAM aP algUSSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACI' Item No. 421 Meeting Date: AUGUST 5, 1985 , 8 SUBJECT: MEDICAL SERVICES AGREEMENT FOR THE CCUNTY JAIL DEPARDENV: COUNIY MANAGER PUBLIC HEARD : 'Yes X No ' . ATIACEMENT(S) : INFORMATION CONIACT: MANAGER'S ,. ' OFFICE X501 A' PHONE NUMBERS: HILLSBOROUGH — 732-9361 -., Letter of Request-Sheriff CHAPEL HILL — 968-4501 Letter of Request-Medical Center DURHAM — 688-7331 ,,• Agreement MEBANE — 227-2031 PURPOSE: lb consider renewing an agreeuent with the Orange Family Medical .f..:; Center for providing health care services to the County Jail. t, .4' 4.' fi 11; NEED: The current agreement ended June 30, 1985. The Sheriff's , Department and Orange Family Medical Center request the renewal cl of contract. 1., I., ' / IMPACT: The total amount of the current contract is $3,600. The Medical Center, with the concurrence of the Sheriff, has requested a $600.00 increase. i RECOSIENDATION(S): Approve renewal of Medical Services Agreement for Fiscal Year 1985/86 in the amount of $4,200. 189 LINDY PENDERGRASS • Sheriff of Orange Coon!v F1.11 LsHOROOGH. NORTH CAROLIN:i RES.PlioNE • • Orange Family Medical Center 210 S Cameron Street Hillsborough NC 27278 • Dear Dr. Axelbank, I am writing to state that we are very pleased with services extended in our Jail Contract. I am asking Asst County Manager Bill Laws to place a contract renewal for 85/86 fy on the August agenda. I think the additional $50 per month is warranted due to the number of patients you've seen the past year. I thank you for the cooperation and services. Sin- rely, • Lindy P-fdergrass • LP/jc cc: Bill Laws • • • • , • _ . ,, .. 190 (2) fiz ji.\ , .- FAMILY MEDICAL CENTER• - July 11, 1985 • The Honorable Lindy Pendergrass Sheriff of Orange County 144 East Margaret Lane , . Hi I I sborough, NC 27514 Dear Sheriff Pendergrass: , Our contract for providing health core services to _ • the Orange County Jail expired on June 30, 1985. 1 am assuming that you do want us to continue prOviding these • services to the Jail. The contract allows for renewal upon written notice executed by both parties. This - • letter shall serve as notice on the part of the Orange , - Family Medical Center. The only change that we would request in the contract is that the compensation for services be adjusted to $350 per month. We ask this in order that we can continue to provide timely services to the Jail and to prevent us from having to bill the county finance department for many of the ancillary services we perform. As you may know we • have only billed the finance office $33. 50 over the last eleven months, since we have decided to cover the ancillary charges ourselves when possible. This has saved us the trouble o bi 1 I ing. the county, as wel I as saving the county money. However we can only continue to do this if there is this increase in the monthly compensation Pee. You may continue to bill the federal government for the treatment Of federal prisoners, as we will continuo to treat them as part of the present contract. I am enclosing a report detailing the services which ..• we have provided to the Jail over the last eleven months. If you have any questions, please contact Dr. Axe/bank or myself at your convenience at 732-9311. • Sincerely, • Ggye' 73294,-, Bob El I is Administrative Director ... ... '■,1SOUTH CAMERON cc: Arthur Axe/bank, M. D. 114LSBOROUGH Joe Shackelford, H. 0. 1ORTH CAROLINA 7:278 ... .:* 1 I 91',- • ; ,,.,.. . 191 . .A!"...;; ..., , .. • •••,...,,,-„, . „ •,„-..• .., ,,.•: .., ... ...,. 5is ....... ,,,,,,,•. •-!,:4,• —,,--. , • ORANGE COUNTY JA IL ti. MEDICAL SERVICES .. . K. .• g . PHYSICIAN VISITS PAT I ENTS TREATED PATIENTS TREATED .• • MONTH TO JAIL AT JA IL AT OFMC A . • 1` • AUGUST 1984 3 6 3 ..„. SEPTEMBER 1984 2 2 8 OCTOBER 1984 8 18 a 1 „.. NOVEMBER 1984 8 13 3 '., i: DECEMBER 1984 3 4 2 '•, .:. JANUARY 1985 .3 4 1 , . FEBRUARY 1985 5 a 7 .. , . MARCH 1985 . 3 . 8 4 .. APR IL 1985 0 0 7 MAY 1985 3 . 7 . 11 ;.. JUNE 1985 2 2 6 ..' 40 72 • 61 ..• ... 1 ..... -,• 1 „ ".: Veki.:',." STATE OF NORTH CAROLINA COUNTY OF ORANGE 192 • • AGREEMENT*BETWEEN ORANGE COUNTY • AND ORANGE FAMILY MEDICAL CENTER THIS AGREEMENT IS MADE AND ENTERED INTO THIS THE 1ST DAY OF JULY 1, 1985, BY AND BETWEEN ORANGE COUNTY, HEREINAFTER REFERRED TO AS "COUNTY" AND THE NAMED SERVICE PROVIDER, HEREINAFTER REFERRED TO AS "HEALTH AUTHORITY". WITNESSET H: WHEREAS, THE COUNTY DESIRES TO CONTRACT WITH THE HEALTH AUTHORITY FOR THE PROVISION OF PRIMARY MEDICAL SERVICES FOR THE ORANGE COUNTY JAIL, AND WHEREAS, THE HEALTH AUTHORITY DESIRES TO PROVIDE THOSE SERVICES, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE FOLLOWING MUTUAL PROMISES, COVENANTS AND CONDITIONS, COUNTY AND THE HEALTH AUTHORITY AGREE AS FOLLOWS: • A) MEDICAL SERVICES I) THE HEALTH AUTHORITY SHALL PROVIDE ONLY THOSE MEDICAL PERSONNEL WHO ARE QUALIFIED IN THEIR RESPECTIVE FIELDS AND WHO MAINTAIN APPLICABLE LICENSES AND REGISTRATION TO PERFORM THE NECESSARY MEDICAL PRACTICE REQUIRED BY THIS AGREEMENT 2) THE HEALTH AUTHORITY SHALL BE RESPONSIBLE FOR THE HEALTH PROGRAM OF THE JAIL. ALL MEDICAL DECISIONS SHALL BE MADE SOLE? BY THE RESPONSIBLE PHYSICIAN. ALL MEDICAL PRACTICE SHALL BE IN ACCORDANCE WITH ACCEPTED METHODS AND PROCEDURES, STATE AND FEDERAL LAW AND LOCAL HEALTH ORDINANCES. 3) THE HEALTH AUTHORITY SHALL PROCESS INMATE HEALTH COMPLAINTS DAILY., IF IT IS NECESSARY THAT THE HEALTH AUTHORITY EXAMINE AN INMATE, THAT EXAMINATION WILL TAKE PLACE AS SOON AS PRACTICAL AFTER DETERMINATION IS MADE THAT AN EXAMINATION 13 ' .3 1410ESSARY. ALL SUCH EXAMINATIONS SHALL TAKE PLACE .1. AT THE JAI' , AT THE OFFICE OF THE HEALTH AUTHORITY, ;-' ei OR OTHER HEALTH CARE FACILITY AT THE DISCRETION OF A THE ATTENDING PHYSICIAN AFTER CONSULTATION WITH THE SH=RIFF OR HIS DESIGNEE. 4) THE HEALTH AUTHORITY SHALL CONDUCT A SICK CALL ONCE ',- PER WEEK AT THE JAIL. 5) THE HEALTH AUTHORITY SHALL CONDUCT AT THE JAIL A HEALTH APPRAISAL OF EACH INMATE WITHIN 14 DAYS OF THE INMATES ARRIVAL AT THE JAIL. 6) THE HEALTH AUTHORITY SHALL PROVIDE FOR ADMINISTRATION ' OF INJECTIONS TO INMATE", IN SITUATIONS WHERE • THE INMATE CANNOT ADMINISTER Ai 7 HIS/HER OWN INJECTION. , lil 7) ALL. ADMISSIONS FOR HOSPITAL OR EMERGENCY CARE SHALL BE TO THE NORTH CAROLINA MEMORIAL HOSPITAL AT CHAPEL- rl HILL. .j` 8) THE COUNTY WILL PROVIDE ADEQUATE SPACE, SECURITY AND NON—MEDICAL SUPPLIES AND EQUIPMENT IN THE JAIL FOR THE HEALTH AUTHORITY TO USE IN MEETING THE TERMS OF THIS AGREEMENT. 9) THE COUNTY WILL PERFORM RECEIVING AND SCREENING ON .,, ALL INMATES UPON THEIR ARRIVAL AT THE JAIL. THIS SCREENING WILL BE DONE BY HEALTH TRAINED PERSONNEL. b., B) POLICIES AND PROCEDURES: 1) THE HEALTH AUTHORITY SHALL DEVELOP, IN COOPERATION • WITH THE COUNTY, A MANUAL OF WRITTEN POLICIES AND DEFINED PROCEDURES IN ACCORDANCE WITH G.S. SECTIONS 153A-224 AND 153A-225. SUCH POLICIES SHALL AT A MINIMUM CONTAIN PROVISIONS FOR: . if A) IMPLEMENTATION AND MAINTENANCE OF MEDICAL SERVICES AS DESCRIBED IN SECTION A. B) HEALTH RECORD PATIENT FOLDERS ON ANY INMATE WHO REQUIRES INTERVENTION AFTER INITIAL SCREENING WHICH SHALL CONTAIN AT A MINIMUM. ? — COMPLETED RECEIVING AND SCREENING FORMS, IF APPLICABLE; , . 7 HEALTH APPRAISAL DATA FORMS; , — ALL FINDINGS, DIAGNOSES, TREATMENTS, , DISPOSITIONS; — PRESCRIBED MEDICATIONS AND THEIR ADMINISTRATION; — LABORATORY, X—RAY AND DIAGNOSTIC STUDIES; - SIGNATURE AND TITLE- OF EACH 194 DOCUMENTOR; - CONSENT AND REFUSAL FORMS; - PLACE, DATE AND TIME OF HEALTH ENCOUNTERS; - DISCHARGE SUMMARY _ OF • HOSPITALIZATIONS; - HEALTH SERVICE REPORTS (E.G., DENTAL, PSYCHIATRIC AND OTHER CONSULTATION. • ALSO TO BE INCLUDED IN THIS SECTION ARE PROVISIONS FOR HEALTH RECORD TRANSFER PRACTICES AND RECORD RESTRICTION POLICY. C) PAPER MANAGEMENT OF PHARMACEUTICALS INCLUDING • - THE FOLLOWING STIPULATIONS: • - ADHERENCE TO STATE PHARMACY LAW • - ADHERENCE TO FEDERAL 'CONTROL LED SUBSTANCE ACT - RE-EVALUATION. OF PRESCRIPTIONS BEFORE RENEWAL - MAXIMUM SECURITY OF PHARMACEUTICALS, SYRINGES AND NEEDLES. - PROHIBITION OF MISUSE OF PSYCHOTROPIC MEDICATION D) A TRAINING GUIDE FOR JAIL EMPLOYEES WHICH WOULD COVER: - ACTION REQUIRED FOR POTENTIAL EMERGENCIES; - SIGNS AND SYMPTOMS OF AN EMERGENCY; - OBTAINING EMERGENCY CARE; - PATIENT TRANSFER PROCEDURES; - CHEMICAL. DEPENDENCY AND . EMOTIONAL DISTURBANCE; - HEALTH AND HYGIENE - RECEIVING AND SCREENING E) THE FOLLOWING MISCELLANEOUS ITEMS; AIIIIImmetaoser - STANDING ORDERS FOR INMATES IN ISOLATION, CHEMICALLY DEPENDENT, DETOXIFICATION, AND SPECIAL MEDICAL CARE, HOSPITALIZATION. PREVENTATIVE CARE, CHRONIC CARE, CONVALESCENT CARE; HEALTH KIT CONTENTS, NUMBER, LOCATION AND INSPECTION PROCEDURES. - ACCESS TO DIAGNOSTIC SERVICES. - NOT/FICTION - OF NEXT OF KIN FOR SERIOUS ILLNESS, INJURY OR DEATH. - COORDINATION/NOTIFICATION OF MEDICAL EXAMINER FOR POSTMORTEM EXAM. - COORDINATION WITH OTHER COUNTY DEPARTMENTS ON HEALTH. INSPECTIONS AND THE FACILITY'S DISASTER PLAN. - PEER REVIEW - INFORMATION SHARING - PSYCHIATRIC PATIENT HANDLING - TRANSFER OF ILL PATIENTS 2) HEALTH AUTHORITY WILL DEVELOP THE WRITTEN MANUAL AS DESCRIBED ABOVE WITHIN SIXTY DAYS OF BEGINNING DATE OF - THIS AGREEMENT. THE COUNTY RESERVES THE RIGHT TO REQUIRE ANY MODIFICATIONS TO THE MANUAL THAT IT DEEMS REASONABLY NECESSARY TO PROVIDE ADEQUATE POLICIES AND PROCEDURES ADDRESSING THE TOPICS DETAILED IN THE SUBSECTION OF THIS CONTRACT ENTITLED "POLICIES AND PROCEDURES". 3) THE MANUAL AFTER COMPLETION WILL BE THE EXCLUSIVE PROPERTY OF THE COUNTY. C) REPORTING 1) THE HEALTH AUTHORITY SHALL MEET AT LEAST QUARTERLY WITH THE SHERIFF TO DISCUSS THE INMATES' HEALTH CARE STATUS AND THE FACILITY HEALTH CARE PLAN. 2) Tiia HEALTH AUTHORITY SHALL SUBMIT A QUARTERLY REPORT TO THE SHERIFF WHICH WILL INCLUDE: A) THE EFFECTIVENESS OF THE HEALTH CARE SYSTEM; B) DESCRIPTION OF ANY HEALTH ENVIROMENT FACTORS OF IMPORTANCE; C) PROGRAM CHANGES SINCE LAST REPORT. 196 THE HEALTH AUTHORITY SHALL PREPARE AN ANNUAL STATISTICAL 3EPORT WHICH INDICATES THE NUMBE. OF INMATES RECEIVING HEALTH SERVICES BY A) DISEASE DIAGNOSIS CATEGORY; B) REFERRAL TO SPECIALISTS BY SPECIALIST AREA; C) HOSPITAL ADMISSION BY REASON; _ - D) INJURIES/ACCIDENTS BY TYPE. 0) INSURANCE AND INDEMNIFICATION. 1) • HEALTH AUTHORITY WILL• INSURE ITSELF FOR MALPRACTICE IN THE AMOUNT OF $500,000.00 WITH THE COUNTY NAMED AS ADDITIONAL INSURED ON THE POLICY. A CERTIFICATE OF INSURANCE SHOWING THE ABOVE COVERAGE WILL BE PROVIDED BY THE HEALTH AUTHORITY TO THE COUNTY. UPON EXECUTION OF THIS AGREEMENT. 2) HEALTH AUTHORITY SHALL INDEMNIFY AND. SAVE HARMLESS THE COUNTY, ITS AGENTS AND ITS EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, CLAIMS, ACTIONS LOSSES, COSTS, PENALTIES, AND DAMAGES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE PRACTICE OF MEDICINE AS' DESCRIBED IN THIS AGREEMENT. E) PAYMENT: I) THE HEALTH AUTHORITY SHALL BE COMPENSATED AS FOLLOWS A) FOUR THOUSAND TWO,TILINDRED DOLLARS-PER ANNUM TO BE PAID IN EQUAL MONTHLY INSTALLMENTS OF $350.00 EACH THIS COMPENSATION IS FOR ALL SERVICES DESCRIBED IN THIS AGREEMENT PERFORMED BY THE HEALTH AUTHORITY DURING ITS NORMAL BUSINESS HOURS INCLUDING THE 52 SICX CALLS AND ALL OTHER VISITS TO THE JAIL, THE OFFICE OF THE HEALTH AUTHORITY OR SUCH OTHER HEALTH CARE FACILITY SELECTED BY THE ATTENDING PHYSICIAN PURSUANT TO SECTION A OF THIS AGREEMENT. B) IN THE EVENT A JAIL INMATE REQUIRES TREATMENT OR OTHERWISE MUST BE SEEN BY THE HEALTH AUTHORITY OTHER. THAN DURING THE NORMAL BUSINESS HOURS OF THE HEALTH AUTHORITY, HEALTH AUTHORITY MUST BE COMPENSATED FOR EACH SUCH TREATMENT OR VISIT AT THE EMERGENCY SERVICES FEE SCHEDULE OF THE HEALTH AUTHORITY IN EFFECT JULY 1, 1985 FOR THE PURPOSE OF. THIS AGREEMENT, THE NORMAL BUSINESS HOURS OF THE HEALTH AUTHORITY ARE FROM 8:00 A.M. TO 5:30 P.M. MONDAY THROUGH FRIDAY, FROM 9:00 A.M. TO 12:00 NOON 197 • SATURDAY, HOLIDAYS EXCEPTED. HEALTH AUTHORITY SHALL PROVIDE COUNTY WITH A SCHEDULE OF ITS EMERGENCY SERVICE FEES AND ITS HOLIDAYS FOR THE PERIOD JULY 1, 1985 UNTIL JUNE 30, 1986, C) CHARGES FOR LABORATORY FEES, X-RAY, SUTURE MATERIALS, STERILIZED INSTRUMENT USAGE AND MEDICATION IF PURCHASED BY THE MEDICAL AUTHORITY FOR USE IN CONNECTION WITH THIS AGREEMENT WILL. BE INVOICED SEPERATELY TO THE COUNTY AT COST, F) TERM: 1) THIS AGREEMENT SHALL RUN FOR ONE YEAR FROM THE 1ST DAY OF JULY, 1985 TO THE 30TH DAY OF Jim, 1986. AND SHALL BE RENEWABLE UPON WRITTEN - NOTICE EXECUTED BY BOTH PARTIES. G) TERMINATION: THIS AGREEMENT OR ITS RENEWALS MAY BE TERMINATED AT ANY TINE • WITHOUT PENALTY BY EITHER PARTY, PROVIDED THAT NOTICE •OF SUCH TERMINATION IS FURNISHED TO THE OTHER PARTY IN TIME TO PROPERLY ARRANGE FOR PROFESSIONAL COVERAGE. IN THE EVENT OF SUCH TERMINATION, ANY PAYMENT DUE SHALL BE PRORATED TO THE DATE AND TIME OF TERMINATION. THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF THE • PARTIES AND CAN NOT BE ALTERED,- AMENDED OR MODIFIED, EXCEPT BY AN AGREEMENT IN WRITING EXECUTED BY THE DULY AUTHORIZED OFFICIALS OF BOTH PARTIES. THE LAWS OF NORTH CAROLINA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT. IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SIGNED THIS AGREEMENT IN THEIR OFFICIAL CAPACITIES ON THE DAY AND YEAR LISTED BELOW. • FOR AND ON BEHALF OF FOR AND ON BEHALF OF ORANGE COUNTY HEALTH AUTHORITY DONALD WILLHOIT CHAIRMAN . ORANGE COUNTY BOARD OF COMMISSIONERS THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. • - --- ..S4 . . x. • . .4' • t . . ORANGE COUNTY COMMISSIONERS ',,.. 106 EAST ISARGARET LANE ;•'• . •..J . • • 1-IILLS.130ROUGH, N. C. , '•;„ • 27278 . . moans CAREY August 6, 1985 • WURIZEM&MMMALL ij NORMAN WALKER DotrImmax :-.^ . • , . • 5; C• • ;.. . . • ;■, Orange County Medical Center 210 S. Cameron [. =I • Hillsborough, NC 27278 Dear Dr. Ellis: - = . i • ■ Attached you will find the agreement between Orange County "i. • and the Orange Family Medical Center for the provision of primary medical services for the Orange County Jail. • t- Please sign the agreement and return to me for distribution. t,= ., Thank you. .A:•%. . ., r• • .Sincerely,- -•-•:7',..-t- • * ' ' • . - . ......-11•;.,,. 1:-.:4-...: r.,_:_.......:.:7. ••••-',.-1••3'.--::.'7';.-2...;`,(::::.A ; - ...-:•='., ?.',"•- • .,...•••.-...:.::/.•....,--_-..: _ .-----:.7.:------ . ; •• ..--- ••-.•.!;:::.-,;_t-z.•.•..• _. ' '''.5 ...••••!•••,.:.•••••i....z.'•'''':••:,.. 1; •••'.:...: ..-/-,••"-'-:-,..,i.,-..72: :::-..--.P;k1F....-*, •• •••..,::. 7•:,......:.• ...,.„_-_,,.-...,:..-,..;;;,,,.....,.: _ , .-•; '---.-...,-:.::,__._:.-4•,..-...-;_:;-.._::.••%•:7?_Mril;-*.Beveriy:41.7.7:Biythe:•=-:- , -• :•"2.=*---"-,,--•.,..:'; . !..:,-,i1,:_•!....'.f:.!--:: :Clerk...--' , ;,, ••••• -- -----===':'--;-.i. ..14.-:.:.N.,:...i:5:::....... . ' L... .,..... , ... ::,...,...--,.......:, ...- .---,4 -; ,.,.-.7:7:5.... -- • ,..--.. .7---.:: • . -,... ..r4- ; ;...1"‘... .■ :•Y.:,...t.'■'.. : .. ';.'''i F:,,i1-:.,...... ...-;. ...41., ',.....i..4 7 .' .....;•.;.. •,.. .: k-..•. . ..•,..:--•::..,...:;...r.,- . ..' t .. .!:-.t,:-.-?:...,-;.--•..= •., • .-:..-,1-.----..........,:e;.....1.1:5_ „7.7.•.- .., ..1:-.. ' '::•s. ,.'....' - ”: • 0,„,.,........;. ..„....:.::.t..e;;; .i.,...::::..14,44 -.,............=.....--4..r.,,,,...,•.,.... . .-..:4,;-..-4-'1'.::::::..;,-:;;;,,lipi... , • • --..:'`_-___-7.;,3",„..--. •— :-..:.--..-..-.;::-.4 •f!,. .:3:74.17- "'-- - . , . • . , • • . • • . ' ' STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT*BETWEEN ORANGE COUNTY AND • - ORANGE FAMILY MEDICAL CENTER THIS AGREEMENT IS MADE AND ENTERED INTO THIS THE 1ST DAY OF JULY 1, Iwo, BY AND BETWEEN ORANGE COUNTY, HEREINAFTER REFERRED TO AS "COUNTY" AND THE NAMED SERVICE PROVIDER, HEREINAFTER REFERRED TO AS "HEALTH AUTHORITY". WITNESSET H: WHEREAS, THE COUNTY DESIRES TO CONTRACT WITH THE HEALTH AUTHORITY. FOR THE PROVISION OF PRIMARY MEDICAL SERVICES FOR THE ORANGE COUNTY JAIL, AND WHEREAS, THE HEALTH AUTHORITY DESIRES TO PROVIDE THOSE SERVICES, NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OF THE FOLLOWING MUTUAL PROMISES, COVENANTS AND CONDITIONS, COUNTY AND THE HEALTH AUTHORITY AGREE AS FOLLOWS: A) MEDICAL SERVICES 1) THE HEALTH AUTHORITY SHALL PROVIDE ONLY THOSE MEDICAL PERSONNEL WHO ARE QUALIFIED IN THEIR RESPECTIVE FIELDS AND WHO MAINTAIN APPLICABLE LICENSES AND REGISTRATION TO PERFORM THE NECESSARY MEDICAL PRACTICE REQUIRED BY THIS AGREEMENT 2) THE HEALTH AUTHORITY SHALL BE RESPONSIBLE FOR THE HEALTH PROGRAM OF THE JAIL. ALL MEDICAL DECISIONS SHALL BE MADE SOLEY BY THE RESPONSIBLE PHYSICIAN. ALL MEDICAL PRACTICE SHALL BE IN ACCORDANCE WITH ACCEPTED METHODS AND PROCEDURES, STATE AND FEDERAL LAW AND LOCAL HEALTH ORDINANCES. 3) THE HEALTH AUTHORITY SHALL PROCESS INMATE HEALTH COMPLAINTS DAILY. IF IT IS NECESSARY THAT THE HEALTH AUTHORITY EXAMINE AN INMATE, THAT EXAMINATION WILL TAKE PLACE AS SOON AS PRACTICAL AFTER DETERMINATION IS MADE THAT AN EXAMINATION IS NECESSARY. ALL. SUCH EXAMINATIONS SHALL TAKE PLACE AT THE JAIL, AT THE OFFICE OF THE HEALTH AUTHORITY. OR OTHER HEALTH CARE FACILITY AT THE DISCRETION OF THE ATTENDING PHYSICIAN AFTER CONSULTATION WITH THE SHERIFF OR. HIS DESIGNEE.' 4) THE HEALTH AUTHORITY SHALL CONDUCT A SICK CALL ONCE PER. WEEK AT THE JAIL. 5) THE HEALTH AUTHORITY SHALL CONDUCT AT THE JAIL A HEALTH APPRAISAL OF EACH INMATE WITHIN 14 DAYS OF THE INMATES ARRIVAL AT THE JAIL. 6) THE HEALTH AUTHORITY SHALL PROVIDE FOR ADMINISTRATION OF INJECTIONS TO INMATES' ' IN SITUATIONS . WHERE THE INMATE CANNOT ADMINISTER HIS/HER OWN INJECTION. 7) ALL ADMISSIONS 'FOR HOSPITAL OR EMERGENCY CARE SHALL BE TO THE NORTH CAROLINA MEMORIAL HOSPITAL AT CHAPEL HILL. . B) THE COUNTY WILL. PROVIDE ADEQUATE SPACE, SECURITY AND NON-MEDICAL SUPPLIES AND EQUIPMENT IN THE JAIL. FOR THE. HEALTH AUTHORITY 'TO USE IN MEETING THE TERMS 'OF THIS AGREEMENT. 9) THE COUNTY WILL PERFORM RECEIVING AND SCREENING ON ALL INMATES UPON THEIR ARRIVAL AT THE JA/L. THIS SCREENING WILL BE DONE BY HEALTH TRAINED PERSONNEL. B) POLICIES AND PROCEDURES: 1) THE HEALTH AUTHORITY SHALL DEVELOP, IN COOPERATION - WITH THE COUNTY, A MANUAL OF WRITTEN POLICIES AND DEFINED PROCEDURES IN ACCORDANCE WITH. G.S. SECTIONS 153A-224 AND 153A-225. SUCH POLICIES SHALL AT A MINIMUM CONTAIN PROVISIONS FOR: A) IMPLEMENTATION AND MAINTENANCE OF MEDICAL SERVICES AS DESCRIBED IN SECTION A. B) HEALTH RECORD PATIENT FOLDERS 011 ANY INMATE WHO REQUIRES INTERVENTION AFTER INITIAL SCREENING WHICH SHALL CONTAIN AT A MINIMUM. - COMPLETED RECEIVING :AND SCREENING FORMS, IF APPLICABLE; - HEALTH APPRAISAL DATA FORMS; - ALL FINDINGS, DIAGNOSES, TREATMENTS, DISPOSITIONS; • - PRESCRIBED MEDICATIONS 'AND THEIR ADMINISTRATION; - LABORATORY, X-RAY AND DI AGNOSTIC STUDIES; - SIGNATURE AND TITLE OF EACH DOCUMENTOR; - CONSENT AND REFUSAL FORMS; - PLACE, DATE AND TIME OF HEALTH ENCOUNTERS; - DISCHARGE SUMMARY OF • HOSPITALIZATIONS; - HEALTH SERVICE REPORTS (E.G., DENTAL, PSYCHIATRIC AND OTHER CONSULTATION. ALSO TO BE INCLUDED IN THIS SECTION ARE PROVISIONS FOR HEALTH RECORD TRANSFER PRACTICES AND RECORD RESTRICTION POLICY. C) PAPER MANAGEMENT OF PHARMACEUTICALS INCLUDING THE FOLLOWING STIPULATIONS: - ADHERENCE TO STATE PHARMACY LAW - ADHERENCE TO FEDERAL CONTROL LED SUBSTANCE ACT - RE-EVALUATION OF PRESCRIPTIONS BEFORE RENEWAL - MAXIMUM SECURITY OF PHARMACEUTICALS, SYRINGES AND NEEDLES. - PROHIBITION OF MISUSE OF PSYCHOTROPIC MEDICATION D) A TRAINING GUIDE FOR JAIL EMPLOYEES WHICH WOULD COVER: - ACTION REQUIRED FOR POTENTIAL EMERGENCIES; - SIGNS AND SYMPTOMS OF AN EMERGENCY; - OBTAINING EMERGENCY CARE; - PATIENT TRANSFER PROCEDURES; - CHEMICAL DEPENDENCY AND EMOTIONAL DISTURBANCE; - HEALTH AND HYGIENE - RECEIVING AND SCREENING E) THE FOLLOWING MISCELLANEOUS ITEMS; A - STANDING ORDERS FOR INMATES IN ISOLATION, CHEMICALLY DEPENDENT, DETOXIFICATION, AND SPECIAL MEDICAL CARE, HOSPITALIZATION, PREVENTATIVE CARE, CHRONIC CARE; CONVALESCENT. CARE; - HEALTH. KIT CONTENTS, NUMBER, LOCATION AND INSPECTION PROCEDURES. - ACCESS TO DIAGNOSTIC SERVICES. - NOTIFICATION OF NEXT OF KIN FOR SERIOUS ILLNESS, INJURY OR DEATH. - COORDINATION/NOTIFICATION OF MEDICAL • EXAMINER FOR POSTMORTEM EXAM. - COORDINATION WITH OTHER COUNTY DEPARTMENTS ON HEALTH INSPECTIONS AND THE FACILITY'S DISASTER PLAN. - PEER REVIEW - INFORMATION SHARING - PSYCHIATRIC PATIENT HANDLING - TRANSFER OF ILL PATIENTS 2) HEALTH AUTHORITY WILL DEVELOP THE WRITTEN MANUAL AS DESCRIBED ABOVE WITHIN SIXTY DAYS OF BEGINNING DATE OF THIS AGREEMENT. THE COUNTY RESERVES THE RIGHT TO REQUIRE ANY MODIFICATIONS TO THE MANUAL THAT IT DEEMS REASONABLY NECESSARY TO PROVIDE ADEQUATE POLICIES AND PROCEDURES ADDRESSING THE TOPICS DETAILED IN . THE SUBSECTION OF THIS CONTRACT ENTITLED "POLICIES AND PROCEDURES". 3) THE MANUAL AFTER COMPLETION WILL BE THE EXCLUSIVE PROPERTY OF THE COUNTY. C) REPORTING 1) THE HEALTH AUTHORITY SHALL MEET AT LEAST QUARTERLY WITH THE SHERIFF TO DISCUSS THE INMATES' HEALTH CARE STATUS AND THE FACILITY HEALTH CARE PLAN. 2) THE HEALTH AUTHORITY SHALL SUBMIT A QUARTERLY REPORT TO THE SHERIFF WHICH WILL INCLUDE: A) THE EFFECTIVENESS OF THE HEALTH CARE SYSTEM; 3) DESCRIPTION OF ANY HEALTH ENVIROMENT 4- ( FACTORS OF IMPORTANCE; J :,. C) PROGRAM CHANGES SINCE LAST REPORT. --:) THE HEALTH AUTHORITY SHALL PREPARE AN ANNUAL STATISTICAL REPORT WHICH INDICATES 'THE NUMBER OF INMATES RECEIVING HEALTH SERVICES BY: A) DISEASE DIAGNOSIS CATEGORY; 8) REFERRAL TO SPECIALISTS BY SPECIALIST AREA; ' C) HOSPITAL ADMISSION BY REASON; D) INJURIES/ACCIDENTS BY TYPE. D) INSURANCE AND INDEMNIFICATION. 1) HEALTH AUTHORITY WILL INSURE ITSELF FOR MALPRACTICE IN THE AMOUNT OF 5500,000.00 WITH THE COUNTY NAMED AS ADDITIONAL INSURED ON THE POLICY. A CERTIFICATE OF INSURANCE SHOWING THE ABOVE COVERAGE WILL BE PROVIDED BY THE HEALTH AUTHORITY TO THE COUNTY UPON EXECUTION OF THIS AGREEMENT. 2) HEALTH AUTHORITY SHALL INDEMNIFY AND SAVE HARMLESS THE COUNTY, ITS AGENTS AND ITS EMPLOYEES FROM AND AGAINST ANY AND ALL SUITS, CLAIMS, ACTIONS LOSSES, COSTS, PENALTIES, AND DAMAGES OF WHATSOEVER KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THE PRACTICE OF MEDICINE AS DESCRIBED IN THIS AGREEMENT. E) PAYMENT: . ) THE HEALTH AUTHORITY SHALL BE COMPENSATED AS FOLLOWS A) FOUR THOUSAND TWO aDINDREE iOLLAs_PER ANNIOM TO BE PAID IN EQUAL MONTHLY INSTALLMENTS OF $350.00 EACH. THIS COMPENSATION IS FOR ALL SERVICES DESCRIBED IN THIS AGREEMENT PERFORMED BY THE HEALTH AUTHORITY DURING ITS NORMAL BUSINESS HOURS INCLUDING THE 52 e SICK CALLS AND ALL OTHER VISITS TO THE JAIL, THE OFFICE OF THE HEALTH AUTHORITY OR SUCH OTHER HEALTH CARE FACILITY SELECTED BY THE ATTENDING PHYSICIAN PURSUANT TO SECTION A OF THIS AGREEMENT. B) IN THE EVENT A JAIL INNATE REQUIRES TREATMENT OR OTHERWISE MUST BE SEEN BY THE HEALTH AUTHORITY OTHER THAN DURING THE NORMAL BUSINESS HOURS OF THE HEALTH AUTHORITY, HEALTH AUTHORITY MUST BE COMPENSATED FOR 1,. EACH SUCH TREATMENT OR VISIT AT THE EMERGENCY '' SERVICES FEE SCHEDULE OF THE HEALTH AUTHORITY IN EFFECT JULY 1, 1985 FOR THE PURPOSE OF THIS AGREEMENT, THE NORMAL BUSINESS HOURS OF THE HEALTH k 1.' AUTHORITY ARE FROM 8:00 A.M. TO 5:30 P.M. MONDAY THROUGH FRIDAY, FROM 9:00 A.M. TO 12:00 NOON • SATURDAY, HOLIDAYS EXCEPTED. HEALTH AUTHORITY SHALL PROVIDE COUNTY WITH A SCHEDULE OF ITS EMERGENCY SERVICE FEES AND ITS HOLIDAYS FOR THE PERIOD JULY lo 1985 UNTIL JUNE 30, 1986. C) CHARGES FOR LABORATORY FEES, X—RAY, SUTURE MATERIALS, STERILIZED INSTRUMENT USAGE AND MEDICATION IF PURCHASED BY THE MEDICAL AUTHORITY FOR USE IN CONNECTION WITH THIS AGREEMENT WILL BE INVOICED SEPERATELY TO THE COUNTY AT COST. F) TERM: 1) THIS AGREEMENT SHALL RUN FOR ONE YEAR FROM THE /ST DAY OF JULY, 1985 TO THE 30TH DAY OF JUNE, 1986. AND SHALL BE RENEWABLE UPON WRITTEN NOTICE EXECUTED BY BOTH PARTIES. G) TERMINATION: THIS AGREEMENT OR ITS RENEWALS MAY BE TERMINATED AT ANY TIME k's WITHOUT PENALTY BY EITHER PARTY, PROVIDED THAT NOTICE OF SUCH TERMINATION IS ' FURNISHED' TO THE' OTHER PARTY IN TIME TO PROPERLY ? ARRANGE FOR PROFESSIONAL COVERAGE. IN THE 'EVENT OF SUCH TERMINATION, ANY PAYMENT DUE SHALL BE PRORATED TO' THE DATE AND TIME OF TERMINATION. 1, THIS AGREEMENT CONTAINS THE ENTIRE UNDERSTANDING OF ' THE PARTIES AND CAN NOT BE ALTERED, AMENDED OR MODIF/ED, EXCEPT BY AU AGREEMENT IN WRITING EXECUTED BY THE DULY AUTHORIZED OFFICIALS OF J" BOTH PARTIES. THE LAWS OF NORTH CAROLINA SHALL GOVERN THE VALIDITY AND INTERPRETATION OF THIS AGREEMENT. r IN WITNESS WHEREOF, THE PARTIES HAVE HEREUNTO SIGNED THIS AGREEMENT IN THEIR OFFICIAL CAPACITIES ON THE DAY AND YEAR LISTED BELOW. FOR AND ON BEHALF OF FOR AND ON BEHALF OF . ORANGE COUNTY HEALTH AUTHORITY (.4103.1A44:Y/f DONALD WILLHOIT CHAIRMAN , ORANGE COUNTY BOARD OF COMMISSIONERS THIS INSTRUNENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. "V-4K0-4, ORANGE COUNTY , . $..... 9 y BOARD OF COMMISSIONERS ACTION AGENDA• ACTION AGENDA ITEM ABSTRACT ITEM NO-0c)4 MEETING DATE' 8/5/85 7M SUBJECT: Purchase of vehicles through State Contract Procedures - , DEPARTMENT: Purchasing & Central Services PUBLIC HEARING: YES . NO ATTACHMENT(S) :.Yes-form to be signed by INFORMATION CONTACT: - Rob Addelson, X497 the Chair authorizing the County PHONE NUMBERS: HILLSBOROUGH - 732-8181 to participate in the State Con- HILLSBOROUGH 732-9361 ' CHAPEL HILL - 967-9251 �� tract � . rck' ` MEBANE - 227-2031 - - DURHAM - 688-7331 • r PURPOSE: To consider entering into an agreement with the State of North Carolina, Division of Purchase and Contract whereby the County will become party to their bid procedures for the purchase of pick-up trucks, passenger cars and vans. • tit ! Li NEED;. The State requires that the County show its intent to join the contract by ,-. August 15, 1985. tt IMPRCTc The purchase of vehicles through the state contract has resulted in considerable s savings to the County in past years; in some cases as much as $1500.00 per unit. It is anticipated that these savings will continue in the future as more and more vehicles are purchased on state contract. RECOMMENDAT Authorize participation of Orange County in the State contract for -- ie purchase of six ssen t pa ger cars, three-pick-up trucks, one pass' iger van and seven police cars. - 199 We wish to be included as a party to the State Contract for 1986 model trucks. nOVT. UNIT OR HOSPITAL: Orange County 106 E. Margaret Lane ' MAILING ADDRESS! Hillsborough, N.C. 27278 Street or P.O. Box City or Town Zip TELEPHONE NUMBER: (919) 732-8181 x505 SIGNED (IN. INK) : (Person authorized to sign contracts) ABOVE SIGNATURE (TYPED OR PRINTED) ! Don Willhoit POSITION OR TITLE: Chair, Orange County Board of Commissioners TRUCKS CLASS I - PICKUP ITEM EST. REQUIREMENTS TYPE APPROX. WHEELBASE A. 2 COMPACT PICKUP 108" B. COMPACT PICKUP 117 CLASS I-A 1/2 TON COMPACT VAN ITEM EST. REQUIREMENTS TYPE APPROX. WHEELBASE A. VAN 102" - 105" B. -1 VAN 123" - 128" CLASS I-B 3/4 TON COMPACT VAN/WAGON A. VAN 105" - 110" B. VAN 123" - 128" c. 1 WAGON OR STATION BUS 123" - 128" CLASS II - 1/2 TON . A. 1 PICKUP W 61/2' WIDE BODY 115" - 118" B. PICKUP - H.D. W/8' WIDE BODY 131" - 133° C. CARRYALL, (TO INCLUDE CENTER 129.5" SEAT-FULL WIDTH) • • 200 CLASS III-A - 3/4 TON COMPACT VANS AND WAGONS ITEM EST. REIPU/REMENTS TYPE APPROX. WHEELBASE A. VAN 123" - 128" B. WAGON OR STATION BUS 123" - 128" C. 15 PASSENGER WAGON 127" - 138" • D. HI-CUBE VAN 123" - 128" F. VAN MAXI-TYPE) 123" - 128" • CLASS III-B - 3/4 TON • A. CHASSIS AND CAB 131" - 133" B. PICKUP W/8' LONG WIDE BODY 131" - 133° C. 4-WHEEL DRIVE-FULL TIME W/8' LONG 130" - 133" WIDE BODY CLASS IV - 1 TON A. CHASSIS AND CAB 130" - 135" - B. PICKUP 130" - 135" CLASS V - 1/2 TON _----_- A. CHASSIS AND CAB 125" - 134" 4. CHASSIS AND CAB 149" - 158" C. CHASSIS AND CAB 167" - 176" CLASS VI - 2 TON A. - CHASSIS AND CAB 125" - 135" S. CHASSIS AND CAB 149" - 158" CHASSIS AND CAB 167" - 175" Return to: Jack Robertson Division of Purchase & Contract 116 West Jones Street Raleigh, N. C. 27611 • --;1,-, . :- •14!134, 201 • North Carolina - . • Department of Administration . . • - James G. Martin,Governor Division of Purchase and Contract Grace].Rohrer,Secretary July 1, 1985 Max E.Baldwin,State Purchasing Officer MEMORANDUM TO: Cities, Towns and County Governments • FROM: Jack Robertson We are in the process of preparing our Invitation for Bids on 1986 Passenger Automobiles and Station Wagons. Attached, for your review, is a copy of the Contract Certification awards resulting from our last Invitation for Bids. The new Contract will cover essentially the same items. . AUTOMOBILES AND STATION WAGONS - Prices quoted will include furnishing and delivering the required vehicles with all transportation charges prepaid to a central pick-up point in Raleigh and will include the required State of North Carolina Motor Vehicles Inspection. SERVICE REQUIREMENTS: All vehicles will be completely serviced by Contractor before • delivery. This Contract is a binding agreement upon both Buyer and Seller and your response must be received by us not later than August 15, 1985. ,-, We wish to be included as a party to this Contract. • ITEM ESTIMATED REQUIREMENTS TYPE • IA 6 Chevrolet Citation II or E. al IIAI Chevrolet Chevette or E.ual (Auto.Trans.) 11A2 _______ Chevrolet Chevette or E•ual (Man. Trans.) • IIIA1 Plymouth Reliant Wagon or Equal II1A2 Ford LTD Wagon or Equal IVA Chevrolet Im.ala (8 c 1) or E. al IVB - Chevrolet Ca•rice Wa.on or Equal Govt. Unit: Orange County Mailing Address: 106 E. Margaret Lane Hillsborough, N.C. 27278 Street or P.O. Box City or Town Zip Code Signed in Ink: Don Willhoit Person authorized to Sign Contracts Printed or Typed Signature Position or Title: Chair, Orange County Board of Commissioners , Date: August 5, 1985 Tel.No. (919) 732-8181 x505 • . . 116 West Jones Street •Raleigh,North Carolina 77611 An Equal oprortunirt-!Ailirmatirc Action Employcr ' . - - 7e Xit • ,--- 202 ........•a , , North Carolina • Department of Administration James G.Martin,Governor - Division of Purchase and Contract Grace J.Rohrer,Secretary Max E.Baldwin,State Purchasing Officer MEMORANDUM TO: Cities, Towns and County Governments FROM: Jack Robertson , DATE: July 1, 1985 ' • • . . We are in the process of preparing Invitations for Bids on 1986 Law Enforcement . Vehicles. Attached, for your review, is a copy of the Contract Certification awards resulting from out last Invitation for Bids. The new Contract will cover essentially similar equipment. ) . . , i • All vehicles will be delivered and serviced at a central point in Raleigh and are to zt • be picked up by the ordering agency when notified. ,,- If you-wish to be included as a party to the Contract for Law Enforcement Vehicles, , please indicate the estimated number of vehicles needed for the 1986 model year: '.'. Standard (or Large) Size 7 : Midsize • This is an estimate only and you are not required to order more vehicles than your actual needs. Orders under the Contract should be placed at the earliest possible date after receipt of Contract Certification, since delivery normally, takes from 90 to 120 days. We will require ! a copy of your Purchase Orders. ,,- ?5, This Contract is a binding agreement upon both Buyer and Seller and your response must be received not later than August 15, 1985. Your requirements are to be included in our Invitation for Bids. It is understood that the person submitting , this information is authorized to do so. GOVT. UNIT: Orange County --- _ _ ,.... MAILING ADDRESS: 106 E. Margaret Lane • Hillsborough, N.C. 27278 Street or P.O. Box City or Town Zip Code SIGNED: (IN INK) : DATE: (Person Authorized to Sign Contracts) ABOVE SIGNATURE (TYPED OR PRINTED) : Don Willhoit, - • . POSITION OR TITLE: Chair, Orange County Board of Commissioners JR/fg _ (PURCHASE AND CONTRACT COPY) 116 West Jones Street•Raleigh,North Carolina 27611 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AgNDA ACTION AGENDA ITEM ABSTRACT ITEM NO.I!) MEETING DATE August 5, 1985 }S, ryM1 SUBJECT: Bid Awards for Handicapped Access Projects IDEPARTMENT:Purchasing & Central Services PUBLIC HEARING: YES x NO ATTACHMENT(S) : ' INFORMATION CONTACT: Bid Tally Sheet and - ext. 981son Contract PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 • DURHAM - 688-7331 PURPOSE: For the Board to consider awarding contracts for: ' 1. Renovations to toilet facilities in the New Courthouse and at the Northern Human Service Center to facilitate handicapped access. 2. Construction of handicapped ramps at the Agricultural Building, the Probation office and the Tax and Records Building. NEED: The construction and renovation projects will meet federal requirements for handicapped access in public buildings. IMPACT: There are $41,500.00 budgeted and available for these projects. The total of the low bids received is $40,953.00. RECOMMENDATION(S): 1. Award the contract for toilet facility renovations to the D.W. Ward Construction Co. in the amount of $10,958.00 and authorize the chair to sign the contract. 2. Award the contract for the construction of handicapped ramps to Riggs-Harrod Builders, Inc. of Durham in the amount of $29,995.00 and authorize the chair to sign the contract. £i 204 BID TALLY 1. Toilet Facility Renovations at New Courthouse and Northern Human Services Center D.W. Ward Construction Co. $10,958.00 Durham, N. C. Bacon Plumbing Co. $12,300.00 Hillsborough, N. C. 2. Construction of Handicapped Ramps at Agricultural Building, Probation office and Tax and Records Building. Riggs-Harrod Builders, Inc. $29,995.00 Durham, N. C. D. W. Ward Construction Co. $33,767.00 Durham, N. C. t NORTH CAROLINA ORANGE COUNTY 205 • THIS CONTRACT, MADE AND ENTERED INTO THIS DAY OF PURSUANT TO A RESOLUTION 'HERETOFORE ADOPTED BY THE BOARD OF COMMISSIONERS, ORANGE COUNTY, •NORTH CAROLINA, BY AND BETWEEN A CORPORATION WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN • ' , (HEREINAFTER CALLED "THE COMPANY") AND THE COUNTY OF ORANGE, A BODY POLITIC (HEREINAFTER CALLED "THE COUNTY") . WITNESSETH WHEREAS, . THE. COUNTY OP ORANGE HAS SOLICITED BIDS FOR °'/..t' renova�vu� .r�. . . . . ... . ! AND WHEREAS, AFTER A CAREFUL CONSIDERATION OF THE BID SUBMITTED SY THE COMPANY, THE BOARD OF COMMISSIONERS OP- ORANGE COUNTY HAS HERETOFORE A RESOLUTION AUTHORIZING THE ACCEPTANCE OF SUCH A BID, AND EXECUTION, INNTED THE NAME OF THE COUNTY OF ORANGE OF A CONTRACT WITH THE SAID COMPANY COVER- ING the renovgtiup o{ moo./ee �aci/.tics. NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND IN FURTHER CON- SIDERATION OF THE MUTUAL AGREEMENT CONTAINED HEREIN, AS WELL AS THE FINANCIAL CONSIDERATION R TION HEREINAFTER REFERRED TO, THE PARTIES HERETO HAVE CONTRACTED AND AGREED AS FOLLOWS: (1) IN ACCORDANCE WITH THE COUNTY' S SPECIFICATIONS AND COMPANY' S PROPOSAL, COPIES OF WHICH SPECIFICATIONS AND PROPOSAL ARE ATTA HED HERETO AND MaDE 'e PART HEREOF, COMPANY WILL r•eri o vdfe .40./et SPECIFICALLY REFERRED TO AS AND MORE PARTICULARLY DESCRIBED IN THE PROPOSAL SUBMITTED BY THE COMPANY OR IN THE SPECIFICA- TIONS ATTACHED HERETO. (C) THE TOTAL CONTRACT PRICE IS (S ) PAYMENT SHALL SE MADE ON THE BASIS OF 90% OF MONTHLY COSTS OF LABOR AND MATERIALS, INCLUDING FREIGHT OR HAULING ON RECEIPTED BILLS. EACH CONTRACTOR SHALL SUBMIT A MONTHLY INVOICE WHICH ITEMIZES THE COST OF LABOR, MATERIALS AND NORTH CAROLINA SALES AND• USE TAXES PAID ON MATERIALS. PAYMENT SHALL BE DUE AND PAYABLE WITHIN (10) DAYS AFTER THE CONTRACTOR' S INVOICE HAS BEEN CERTIFIED FOR PAYMENT BY THE ENGINEER. THE TOTAL OF THE MONTHLY PAYMENTS REQUIRED HEREIN SHALL NOT EXCEED NINETY PERCENT (90%) OF THE TOTAL CONTRACT PRICE. COUNTY SHALL RETAIN AT LEAST TEN PERCENT (10%) OF THE CONTRACT PRICE FOR PAY- MENT TO THE CONTRACTOR WITH THE FINAL PAYMENT. THE FINAL PAYMENT SHALL BE MADE TO THE CONTRACTOR WITHIN THIRTY (30) DAYS AFTER ACCEPTANCE OF THE COMPLETED JOB BY THE ENGINEER. ACCEPTANCE SHALL OCCUR WHEN WORK HAS BEEN FINALLY COMPLETED AND EACH AND EVERY PROVISION OF THE. SPECIFICATIONS AND ACCOMPANYING DRAWINGS COMPLETED TO THE ENGINEER' S SATISFACTION. (3) THE SPECIFICATIONS, AND ITS ATTACHMENTS AND THE PROPOSAL THEREON SY COMPANY, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES AS THOUGH FULLY WRITTEN HEREIN. IN WITNESS WHEREOF, THE COMPANY AND THE COUNTY HAVE CAUSED THIS CONTRACT TO BE LEGALLY EXECUTED, IN DUPLICATE EACH OF WHICH SHALL CON- STITUTE AN ORIGINAL, ALL AS OF THE DAY AND YEAR FIRST ABOUT WRITTEN, THE CORPORATE SEAL OF EACH HAVING BEEN AFFIXED HERETO BY ITS PROPER OFFICERS, ALL AS PROVIDED BY LAW. 206 CORPORATION ATTEST: NAME OF COMPANY BY (SEAL) INDIVIDUAL ATTEST: BY (SEAL) I. PARTNERSHIP ATTEST: BY (SEAL) PARTNER ATTEST: BY (SEAL) TRADING RS ORANGE CONTY BY CHAIRMAN OF BOARD/COUNTY MANAGER THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: FINANCE DIRECTOR cx NORTH CAROLINA ORANGE COUNTY .. 20 «� • THIS CONTRACT, MADE AND ENTERED INTO THIS PURSUANT TO A RESOLUTION HERETOFORE ADOPTED BY THE BOARD OF COMMISSIONERS, ORANGE COUNTY, NORTH CAROLINA, 'BY AND BETWEEN A CORPORATION WITH ITS PRINCIPAL OFFICE AND PLACE OF BUSINESS IN THE COUNTY OF ORANGE, s (HEREINAFTER CALLED "THE COMPANY") AND arr= , A BODY. POLITIC (HEREINAFTER CALLED "THE COUNTY").• WIfNESSETH WHEREAS, THE. COUNTY -0F ORANGE DULY ADVERTISED FOR BIDS FOR t/on Of f1Qnd.clitAn�/. .AND BIDS WERE RECEIVED AND DULY OPENED AS REQUIRED BY LAW; AND - WHEREAS, AFTER A. CAREFUL CONSIDERATION OF THE BID SUBMITTED BY THE COMPANY, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HAS HERETOFORE ADOPTED A RESOLUTION AUTHORIZING THE. ACCEPTANCE OF SUCH A BID, AND EXECUTION, IN THE NAME OF THE COUNTY OF ORANGE OF A CONTRACT WITH THE SAID COMPANY COVER- ING . . . .t7-Jc. . �an,v:::c&'?.. af. . /taiid/cq NOW THEREFORE, IN CONSIDERATION OF THE PREMISES AND IN FURTHER CON- SIDERATION OF THE MUTUAL AGREEMENT CONTAINED HEREIN, AS WELL AS THE FINANCIAL CONSIDERATION HEREINAFTER REFERRED TO, THE PARTIES HERETO HAVE , CONTRACTED AND AGREED AS FOLLOWS; (1) IN ACCORDANCE WITH THE COUNTY'S SPECIFICATIONS AND COMPANY'S PROPOSAL, COPIES OF WHICH SPECIFICATIONS AND PROPOSAL ARE ATTACHED HERETO AND MADE A PART HEREOF, COMPANY WILL . . ;7S rvc r'crn� SPECIFICALLY REFERRED TO AS AND MORE PPARTICULARLY DESCRIBED IN THE PROPOSAL' SUBMITTED BY THE COMPANY OR IN THE SPEC A t TIONS ATTACHED HERETO. TFICA- k (2) THE TOTAL CONTRACT PRICE IS ($ ) PAYMENT SHALL BE MADE ON THE BASIS OF 90% OF MONTHLY COSTS OF LABOR AND MATERIALS, INCLUDING FREIGHT OR HAULING ON RECEIPTED BILLS. EACH CONTRACTOR SHALL SUBMIT A MONTHLY INVOICE WHICH ITEMIZES THE COST OF LABOR, MATERIALS AND NORTH CAROLINA SALES AND USE TAXES PAID ON MATERIALS. PAYMENT SHALL BE DUE AND PAYABLE WITHIN (10) DAYS AFTER THE CONTRACTOR' S INVOICE HAS BEEN CERTIFIED FOR PAYMENT BY THE ENGINEER. THE TOTAL OF THE MONTHLY PAYMENTS REQUIRED HEREIN SHALL NOT EXCEED NINETY PERCENT (90%) OF THE TOTAL CONTRACT PRICE. COUNTY SHALL RETAIN AT LEAST TEN PERCENT (10%) OF THE CONTRACT PRICE FOR PAY- MENT TO THE CONTRACTOR WITH THE FINAL PAYMENT. THE FINAL PAYMENT SHALL BE MADE TO THE CONTRACTOR WITHIN THIRTY (30) DAYS AFTER ACCEPTANCE OF THE COMPLETED JOB BY THE ENGINEER. ACCEPTANCE SHALL OCCUR WHEN WORK HAS BEEN FINALLY COMPLETED AND EACH AND EVERY PROVISION OF THE SPECIFICATIONS AND ACCOMPANYING DRAWINGS COMPLETED TO THE ENGINEER' S SATISFACTION. (3) THE SPECIFICATIONS, AND ITS ATTACHMENTS, THE PROPOSAL THEREON BY COMPANY, AND THE ADVERTISEMENT BY COUNTY, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES AS THOUGH FULLY WRITTEN HEREIN. IN WITNESS WHEREOF, THE COMPANY AND THE COUNTY HAVE CAUSED THIS CONTRACT TO BE LEGALLY EXECUTED, IN DUPLICATE EACH OF WHICH SHALL CON- ZUO STITUTE AN ORIGINAL, ALL AS OF THE DAY AND YEAR FIRST ABOUT WRITTEN, THE CORPORATE SEAL OF EACH HAVING BEEN AFFIXED HERETO BY ITS PROPER OFFICERS, ALL AS PROVIDED BY LAW, CORPORATION ATTEST: NAME OF COMPANY BY (SEAL) INDIVIDUAL ATTEST: BY (SEAL) PARTNERSHIP ATTEST: BY (SEAL) PARTNER ATTEST: BY (SEAL) TRADING AS ORANGE CONTY BY CHAIRMAN OF BOARD/COUNTY MANAGER THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND. FISCAL CONTROL ACT; FINANCE DIRECTOR • • ORANGE COUNTY 209 • ' BOARD OF COMMISSIONERS ACTION GENOA f - .ACTION AGENDA ITEM •ABSTRACT ITFM t - MEETING DATE August 5, 1985 • . . SUBJECT: Forest Service Contract - • . _ • • DEPARTMENT: County Manager - - PUBLIC HEARING: _ YES x NO . . . • . ATTACHMENT(S) : Agreement for the INFORMATION CONTACT: Kenneth Thompson Protection, Development and Improvement_ . '. PHONE NUMBERS: HILLSBOROUGH -- 737_-£31$1 of Forest bands in orange County, North • Carolina - HILLSBOROUGH 732-9361 - CHAPEL HILL - 967-9251 MEBANE -- 227-2031 - DURHAM - 688 77331 PURPOSE: To consider renewal of the annual agreement between'Orange County and the t North Carolina Department of Natural Resources and Community Development for the provision of Support of the NC Forest Service in Orange County . • • - - • • - • NEED: = This agreement will provide for the continued maintenance by the NC • Department of Natural Resources •and Community. Development by the presences • of •the NC Forest'Service in Orange County for the-protection, development and improvement of forest lands in Orange County. • • . • . • IMPACT: Orange County has appropriated $27,732 in FY 85-86-to match State •appropriation's of $41,597 for-provision of this service in Orange County. • • RECOMMENDATION(S): Approve motion to renew the NC Forest Service contract for • FY 85-86. . FC-42 STATE OF NORTH CAROLINA (6-78) Department of Natural Resources and Community Development $69,329.00 Total Cooperative Appropriation $41,597.00 60 . State • $27,732.00 4 0 % h • County AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT OF FOREST LANDS IN ORANGE _ COUNTY, NORTH CAROLINA THIS AGREEMENT, made under authority of "An act to authorize Counties to cooper- ate with State in Forest Protection, Reforestation and promotion of Forest Man- agement," (Section 113-59 of the General Statutes of North Carolina - 1943), and also under authority of another Section of the General Statutes, namely Section 113-54, by the North Carolina Department of Natural Resources and Community Develop. merit (hereinafter called the Department), party of the first part, and the Board of Commissioners of ORANGE • County in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in ORANGE County., has accepted the offer of the Department for cooperation in accomplish- ing this object: Nov, THEREFORE, in consideration of the mutual convenants hereinafter set forth, the said parties contract and agree to maintain a legally appointed and equipped Forest Ranger organization in said county at the joint cost of the State and 'County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ and appoint.,..after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said.County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such preventative measures, educational and other- wise, as shall seem necessary to prevent forest fires; for developing and improv- ing the forests through reforestation, promotion and practice of Forest Manage- ment practices; and for protection from insects and diseases. 2• To furnish to each Forester or Forest Ranger so employed a badge of office a stationery and report forms, instructional posters for use in the County, leaflets for distributing to landowners and others; to purchase necessary equipment, communication systems, and other Forestry improvements deemed neces- sary insofar as the joint funds will permit. 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to be established by the Depart- ment in accord with existing State salary schedules. • _ - 2 - • 4. To direct supervise, instruct, and inspect, through its agents, the work and conduct of the Forester or Forest Ranger, to discipline and, when necessary, discharge such Forester or Forest Ranger. • 5. To submit to the Board of Commissioners monthly (or at other mutually satisfactory intervals) an itemized statement of all monies to be paid by. the County and those paid by-the Department for the proper conduct of the work within- said County. -6. To make avail Ole an ally State, Federal, and other funds allotted to it, the sum oft„n�� on c sever ollars ($4l,597.00 ) its share of an annual budget of $j,9,329,00 for carrying on the work in said County. Part II. THE BOARD AGREES: 1. To pay to the Department 40 % of the total cost of the Forester or Forest Ranger salaries and expenses and of other proper expenditures made in connection with the over-all Forestry program in said County, upon receipt and consequent approval of the periodic statements submitted by the Department. 2. To appropriate annually the sum of Twenty seven thousand seven hundred thirty two dollars ($x27,732.00, which sum shall be available for expenditure under the terms of this Agreement, and shall represent the County's share of the annual budget. Part III. IT IS EXPRESLY AGREED AND UNDERSTOOD BY BOTH PARTIES: 1. That this Agreement becomes effective July 1 ,19 85 . 2. That the annual appropriations as set forth above may be re- . vised by mutual agreement between the Department and the Board, based on the amount of annual appropriation desirable for the proper conduct of the Forestry . work, such revision to become effective at the beginning of a given Fiscal Year. Any unused balance of County funds remaining at the end of a Fiscal Year shall .revert to said County unless otherwise mutually agreed upon by both parties. - 3. That the Board reimburse the Department as provided in .Part II, Item 1, by forwarding a county voucher drawn in favor of the Department for the amount of the County's share of expenditures as set forth in the Department's periodic statement to the Board. That such payments be made by the Board within thirty days following receipt of the Department's billing. 4. - The title to all improvements and equipment purchased and/or constructed in connection with this agreement will rest with the Department; such materials or their equivalent will remain in the County as long as this Agreement is in effect, or as long as they are needed by the Department for the proper conduct of the work therein. • 5. That the Forester or Forest Ranger periodically or at the re- quest of the Board, shall present to the Board statements of the work being done within the County, so that said Board may be fully informed at all times re- garding the Forestry finances and activities within the County. • - 3 IN WITNESS WHEREOF, the said parties do hereunto affix.their names • and seals upon the date herein below specified. For the Board of County Commissioners of Gam.. County. Date i.�•'�S� UL/ Chairman • Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as .required by the "County Fiscal Control Act". • Date -5 $ /'2 ,4 4 aunty Finance Officer For the North Carolina Department of Natural Resources and Community Development Date Signature Title • y 3 IN WITNESS WHEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. • • For the.Board of County Commissioners of County. . Date W Chairman • Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as required by the "County Fiscal Control Act". • Date if r i r /2s€4. /r- , I_C unty Finance Officer • • For the North Carolina Department of Natural Resources and Community Development . Date '. _ • _ Signature Title • • • . - . . ORANGE 'COUNTY - • 213 - . BOARD. OF COMMISSIONERS . ACTION AGENDA: - ACTION AGENDA ITEM ABSTRACT ITEM NO...a(94r • MEETING DATE August 5, 1985 . • . . . . . . . . SUBJECT: Budget Amendments . - . . . . . • -,--- . DEPARTMENT: Finance - : . . I I PUBLIC HEARING: . YES x :NO . . . • : _ . . . . ATTACHMENT(S): Proposed Budget Amendment INFORMATION _COMM: Donna Clayton . • . . . • -* ' PHONE NUMBERS: HILLSBOROUGH - 732-8181 . • . : HILLSBOROUGH - 732-9361 . . , • • CHAPEL HILL - 967-9251 ... . . - . - • MEBANE - 227-2031 . - • - DURHAM - 68877331 . . . . . ... . . - - PURPOSE: Consideration of proposed-bUdget amendments. . - • - -- • . . . . . - .. . . • • - . . . - . . • . . . • . . - • • - . . - . . _ . • . . ' . . . . . , -• - '• . • - .• . • . - - - • . - - . ' • . . . . -. • • . - • , NEED: GENERAL FUND ' • . . • . . . . . 1: To budget fOr additiOnal Long Term Care Screening funds that are available . .. to the Orange- County Department of Social ServiceS --for screening of clients • - • that meet Medicaid criteria, CHORE services provided to certain LTCS clients, and purchase of medical supplies for clients. ' • • - - 2. To budget for contribution from the Hillsborough Chamber of Commerce that • was received by the Orange County Economic Development Commission. • ., • . . _ .... .. - . - . • - • :- - - . • . . • .. . . _ • . • . . . . . . • . . . IMPACT: GENERAL FUND . • . • - - - • . 1. This amendment will increase funds available to the Orange County . - Department of Social Services with 100% State funds. No County . match is required. . . 2. This amendment will increase funds available to the Orange County. Economic. . Development Commission. - - , . RECOMMENDATION(S): Approve motion to amend 1985-86 Budget Ordinance by proposed . budget amendment. - . . • • 214 ORANGE COUNTY PROPOSED 1985-86 BUDGET AMENDMENT The 1985-86 Budget Ordinance of Orange County as adopted on July 3, 1985, and subsequently amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND 1. Appropriation:. Social Services - Long Term Care Screening $27,012 $60,320 $87,332 Source: Social Services - Long Term Care Screening - Screening 0. 4,320 4,320 Social Services - Long Term Care Screening - CHORE - XIX 0 50,000 50,000 Social Services - Long Term Care Screening - Medical Supplies 0 6,000 6,000 To budget for additional Long Term Care Screening revenue. 2. Appropriation: Economic Development $62,635 $ 1,000 $63,635 Source: Hillsborough Chamber of Commerce 0 1,000 1,000. To budget for contribution received from- the Hillsborough Chamber of Commerce. Approved this 5 day of August, 1985. • 215 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item 143.6 (p MEETING DATE August 5, 1985 Subject: CHANGE IN THE REGULAR MEETING SCHEDULE rre-partment: BOARD OF COMMISSIONERS Liublic Hearing: yes X no Attachment( : Information Contact: NONE Don Wilihoit Phone Number: PURPOSE: To consider changing the meeting scheduled for October 7 to September 30, 1985. RECOMMEEIDATION: As the Board decides. BOARD OF COMMISSIONERS . ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.125_ MEETING DATE AuglAst51_1985 -038 • SUBJECT: COMMISSION FOR WOMEN RESOLUTION DEPARTMENT: Commission for Women PUBLIC HEARING: YES x NO - - - ATTACHMENT(S): INFORMATION CONTACT: • Resolution PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL -. 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 • PURPOSE: • To present for adoption a resolution prepared by the Orange County Commission for Women NEED: Provides that a Hillsborough native and long time Orange County resident, Harriet Morehead Berry, be recognized by this county posthumously for efforts as a leader in the North Carolina good roads movement. IMPACT: Adoption of this resolution by the Orange County Board of Commissioners is requisite to recommending to the North Carolina Board of Transportation that the Orange County segment of Interstate 40 be named the HARRIET MOREHEAD BERRY HIGHWAY. RECOMMENDATION(S): The Commission recommends adoption of the resolution. 'It .ip ORANGE ::'.... ,,-'.,-.- ,..., . . ., : 4 • ■•'• t .' '1 A Resolution to the North Carolina Board of Transportation COUNTY . . ,,, The Orange County Commission for Women, as sponsoring agent, submits for %_,... 0 approval the following resolution, adopted as co-sponsors by the Chapel -v, Hill Town Council, the Carrboro Board of Aldermen, the Hillsborough Town Council, and the Orange County Board of Commissioners. ,.%:: ',F ..iP, 1 ,,,.. WHEREAS, Harriet Morehead Berry (July 22, 1877 - March 24, 1940) was a . -,-- native of Hillsborough and a long time resident of Chapel Hill and Orange County, and WHEREAS, Harriet Morehead Berry from 1917 - 1921 was a leader in the North Carolina good roads movement, and f4 WHEREAS, Ms. Berry, as acting head of the North Carolina Geological and ,..: Economic Survey, led the North Carolina Good Roads Association in ,:,, J-..1, A an attempt to secure legislation to construct a state system of hard- ,. • surface roads, and WHEREAS, upon failure to secure an adequate law, she exerted strenuous .,.1. efforts between 1919 and 1921 to speak in 89 of North Carolina's 100 counties, and disseminated news releases, letters, petitions, 1 7k. and circulars, and I.; WHEREAS, through her efforts the membership of the North Carolina Good Roads Association increased from 272 to 5500, and ..- 0: Orange County Commission for Women • 131 Court Street • Hillsborough, NC 27278 Hillsborough: 732-8181 • Chapel Frill: 967-9251 • Mebane: 227-2031 • Durham: 688-7331 .1' WHEREAS, in 1921 she led a unified and enthusiastic good roads movement to the General Assembly and emerged with a road law that created a powerful state highway commission and committed North Carolina to the construction of a state system of modern highways, and WHEREAS, Josephus Daniels, long time editor of the Raleigh NEWS AND OBSERVER, wrote, "To her credit stands one of the most stupendous pieces of legis- lation in the history of the state, the authorization of a statewide system of roads", and WHEREAS, in 1962 the state highway commission authorized placement of a bronze plaque in the Highway Building commemorating Harriet Morehead Berry as "North Carolina Mother of Good Roads", and WHEREAS, no highway in North Carolina is named for Ms. Berry, and WHEREAS, Interstate Highway 40 is now under construction in Orange County, NOW THEREFORE BE IT RESOLVED that the North Carolina Board of Transportation, in recognition of Ms. Berry's contributions and leadership, name the Orange County segment of Interstate Highway 40 the HARRIET MOREHEAD BERRY HIGHWAY. If /V/ ■,/ .141471AL . tAimi Don Willhoit, Chair Jo .ph L. Nassif, Mayor )111 Orange County Board of Commissioner own of Chapel Hill / / jef APorto Mayor Frank Sheffield, Mayor P:own of 6rrboro Town of Hillsborough 0. 041 t'sN ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5, 1985 Action gpnda Item #L, SUBJECT: PROPERTY OF LEONARD WILSON — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : EDDIE KIRK CHECKLIST VICINITY MAP PRELIMINARY PLAN 7-15-85 DRAFT PLANNING BOARD MINUTES G,ry Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel HILL — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Leonard Wilson . NEED: The property in question is located in Little River Township along Schley Road (SR 1548) . It is known as Lot 3A, Tax Map 25. There are 9 lots proposed out of approximately 9.73 acres . Each lot is 1 .01 acres or Larger. The property is not zoned and is designated Agricultural—Residential in the Land Use Plan . It is located in the Little River Fire District . IMPACT: The addition of 9 Lots could add approximately 60 trips per day to Schley Road . These lots would have minimal impacts on this area. ti RECOMMENDATION: The Planning Board recommends approval subject to the following conditions: (1 ) combined driveways between Lots 1 end 2, 3 and 4, 5 and 6 , and 7 and 8 . (2) Health Department approval. As of July 22, 1985 the Health Department has checked and approved 7 of the 9 lots. • 1 . 042 . . 0 .3737 . 70.83234c. . •/.4.71 • 2.4 -9373 .AC i i If_ 1 ) . 0 . r • 'I n, Pr' . /0924 li I . i . \ ! A i 1 D‘er ' a.7pAecit.# 1548 i 2.8133/let pp- ,ç... . ._-_,7:_—_. . ..7. P/0 84.03 Ac RIVER ....,... I DI STRIC , Ici LEONARD WILSON .1§± ,1 Applicant: Leonard Wilson LUP Designation: Ag - Res Scale: 1"= 400'. A, N ' . • ...• • ) ( - I 0 Fu 1 , • 1------- i'l 135.4326 Ac. 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' H 0 H ,--4 R - WH >4E1f4 H 0 -I M 001-14E1014 H 2 >4 >1 >-• >-• to tct )4 0 of '-4 P / ts 3P4D1 1-1 W -00 4 M )4 )4 )4 E4 •-4 4-1 0 04 0 0 0 (I) co r a. 104 0 0 3-4 < g al rd Ft H 0 0 -,-1 -rl -.-1 Pi PEtal ° t n .- a) 0.4 Z. 0 0 0 IA 134 H rx4 rx4 r44 U) H 1.4 0 tcl cr) g g In H -,1 •cl -,1 P4 0 Cl) M 0 d MPDHHO LC. 25 5 5' ..--.--....---...-.........--- ..... en .-{ 0 14 C.) 0 0 4-3 0 u 3--3 -.-3 14 N M z N 0 ,4r=1 ,4R00 ,49i EA .--4 0 r4 r-I 4 A Z.. 4-1 3:34 E-1 .4 0 .,1 ‘24 4 - a) . 0 0 Z A 0 < 9 .>-•4 CO 0 0 X X 0 >4 )4 .0 s..4p4 ........._............. ............ ..... < .- El Z El L•I Z U) U) < 111 RI 1-1 (i) 114 Ell 0 P4 C13 DI • . • ss ss p: module6• 044 • met and thfs should be the construct of the Board's decision . Gordon again referred to Section IV—A and IV—B--2 and noted she felt it was a judgment call . Kizer responded that this was a goal not a criteria and that further on it gives minimum design standards by which that overall goal is to be accomplished. He noted he could never recall using absolute minimum sight distance for private roads. Shepherd commented that the developer had already been waiting a month and were hoping for a positive recommendation from the Board. He suggested that perhaps a sign could be requested stating no Left turn off Blue Jasper Lane . Smith responded that enforcement was questionable in such cases . VOTE: In favor: Kramer, Pearson , Kizer - Opposed: PiLkey, Best , Gordon , Walters Motion failed . f. Leonard Wilson — Preliminary • Presentation by Smith . The purpose of this agenda item is to consider approval of the Preliminary Plan for Leonard Wilson . The property in question is Located in Little River Township along Schley Road (SR 1548) . It is known as Lot 3A , Tax Map 25 . There are 9 Lots proposed out of approximately 9.73 acres . Each Lots is 1 .01 acres or Larger. The property is not zoned and is designated Agricultural—Residential in the Land Use Plan . It is Located in the Little River Fire District . The addition of 9 tots could add approximately 60 trips per day to Schley Road. These tots would have minimal impacts on this area . The Planning Staff recommends approval subject to proposed Health Department review on Friday, July 12, 1965 and combined driveways between Lots 1 and 2, 3 and 4, 5 and 6, and 7 and B . Gordon noted that this application was incomplete as it did not have Health Department approval . • 045 10 - • Pearson stated that one did not have to have Health Department approval before subdivision , but a note would be placed on the plat stating these tots could • not be bOilt on until Health Department approval was granted . • Smith responded that this was true, but that a note must be on the plat stating that Health Department approval had not been sought and another document must also be recorded with this information . She continued by citing the ordinance requirements regarding certification from the Health Department . Pearson again noted that this was not needed to plat the property . Smith responded that staff would need assurance that there was no intention to build on the tots or else Health Department approval or a statement identifying Lots which did not receive Health Department approval must be recorded on and with the plats. Gordon inquired why staff submitted the plat . without Health Department approval . Smith responded that the Health Department had indicated they would be through . by Friday and staff did, not feel it was reasonable to hold up an applicant for thirty days simply because the Health Department did not organize itself to get the approval done. Alois Callemyn , Surveyor, stated that two appointments had been made with Health Department and he had been at the site both times and the Inspector failed to make the call . He continued that all. tots had subsequent been perked, but the Inspector wanted to do 2 lots again . Catlenyn noted that his client had given him permission to combine lots if necessary for this approval . He noted the only problem he had with dual driveways was that Lending institutions so often tell applicants they must have their own driveway. The answer to this is to widen the driveway to allow two drives . MOTION: Walters recommended approval with duaL driveways as recommended by Staff and Health Department approval on final plat . Seconded by Kizer . VOTE: Unanimous . g . North Fork (Section II ) — Preliminary no& 04 6 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date August 5. 1985 Action ,li,genda Item fLorli; SUBJECT: PROPERTY SURVEYED FOR PATRICIA R. ENOCH — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes JL No Attachment(s) Information Contact: JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN 7/15/B5 DRAFT PLANNING BOARD MINUTES • Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel. Hill — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for the property surveyed for Patricia R. Enoch • NEED: The property in question is located on SR 1310 (Frazier Road) in Cheeks Township . The property is referenced as part of Lot 70 of Tax Map 12. It is bordered by residential development . The tract is designated as Rural Residential and Water Supply Watershed on the Land Use Plan. It is located within the Upper Eno Watershed. There is one Lot proposed out of 16 .97 acres. The lot size is 1 .3940 acres, excluding the right—of—way . The property is zoned R-1 (Rural Residential) with an overlay district PW—II (Protected Watershed II) . Fire protection for the property in question is provided by the Efland Rural Fire District. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24 hour basis . IMPACT: Development of this subdivison would have minimal impact on the area . RECOMMENDATION: The Planning Board recommends approval with the following condition: Front setback be changed to 40' as required in a R-1 district . r—___ MAJOR SUBDIVISION CHECKLIST NALNSE OF SUBDIVISION P rope rty s u rveyed fo r Ptit r i s i a E nosh OWNER OR DEVELOPER Pat 1<i c i a Enoch ADDRESS Route 5, Box 590, Mebane NC 27 02 TOWNSHIP Cheeks TAX MAP 12 BLOCK LOT 'Plo 7B NAME OF SURVEYOR OR ENGINEER ' Robert Jones Total number of lots 1 To be developed in 1 phase(s) . Total number of acres 1• 0=� Typical dwelling units at present or proposed WATER SUPPLY: Public (Name) Community Individual X SEWAGE TREATMENT: Public -Community Individual Septic tank X SCHOOL DISTRICT Orange- COunty FIRE DISTRICT Qf-l-and Rural Access onto State Road 'Tir' 1310 Road Standard: Public or Private Class A , B , C Existing critical areas such as streams { ) , Flood prone areas ( }, Watershed -( X ) , Historic Sites { } , Other ( } Explain: Upper Eno Land uses in the general area Residentipl _ SKETCH PLAN .RECEIVED (Date) 5-29-85 Approved ( } Recommended Changes { ) PRELIMINARY PLAN RECEIVED (Date) 6-13-85 REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by health Department 3-29-85 David Her-ht Erosion Control officer JWF 7-5-8g Board of Education 7-17-8S Ira Trallinqpr -Department of Transportation OWASA (if possible) Other .-Mebane (if possible) -Hillsborough (if possible) -Orange/Alamance (if possible) Preliminary Action by the Planning Board APPROVED W/'. CONDITION Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( } All lots were approved by the Health Department ( } Lots failing Health Departments approval are combined or listed properly on the plat ( } Road Maintenance Agreement submitted (where applicable) . Approved ( } Improvements have been provided for; c-Qmgl�-t ed: *bond, letter of credit, cash. Date 715/A5 rnmT t Ater { } Final OWASA approval (where applicable)' on•all plans & specifications, Date { } Final DOT approval on plat ( } Final action by the Planning Board ' , 7 w- PATRieiA R 0 Ewe o , _.,_ ,41 ., ,,,. _ . , --_-:.----, I ,,,,,,.,,,,T: PATIlmA k. Lit1001 - .. 4.. .p, 1 C) 1 q 4 e .9995 0 . , lc r.q3 0 1 , 03/, '''',-, ,,,, % - 0 • / 0 ..... ,„,,. . 30.7 AC. . , 16.86AC. / -b. \,,,,....,...„...„.........„........„... 21 ' k94/ . / 0 k.' 1AC- Of i s 0 .t.r • 265 AC. 0 7 , . , 1 . a - 2..-2-8ACy •-,,MC".A.1c ic..," i , cia,-.9z, . 0 . , 1 , 20A.,i 6'685 111 5 A C , 049 86 mtio 12- the new road, as the status of Sweet Drive could not be determined except in a court of Law. Pearson inquired if any tots from Phase I had been sold . Caliemyn responded no . P1 [key asked the Location of Sweet Drive. Callemyn responded that it was just a rut that runs around the corner of the field behind the power poles . MOTION: Pearson moved approval subject to staff conditions . Seconded by P1 [key. VOTE: Unanimous . h . Enoch — Preliminary Presentation by Smith . The purpose of this agenda item is to consider approval of the Preliminary Plan for the property surveyed for Patricia R . Enoch. The property in question is . Located on SR 1310 (Frazier Road] in Cheeks Township . The property is " referenced as part of Lot 7B of Tax Map 12. It is bordered by residential development . The tract is designated as Rural Residential and Water Supply Watershed in the Land Use Plan . It is Located within the Upper Eno Watershed . There is one Lot proposed out of 16 .97 acres . The Lot size is 1 .3940, acres excluding the right—of— way. The property is zoned R-1 [Rural Residential) with an overlay district PW—II (Protected Watershed II) . Fire protection for the property in question is provided by the EfLand Rural Fire District . Law enforcement is provided by the Orange Countyy the Orange County Sheriff's Department . It will be Patrolled on a 24 hour basis. Development of this subdivision would have minimal impact on the area . The - Planning Staff recommends approval with the condition that the front setback be changed to 40 ' as required in an R-1 district . MOTION : Walters moved approval subject to staff conditions . -*rasizzataw 05.0 • la Seconded by Pearson . VOTE; Unanimous . • AGENDA ITEM #6 : MATTERS PRESENTED AT PUBLIC HEARING — MAY 28,. 1985 (PLANNING BOARD RECOMMENDATION) . a . Chandler Concrete — LUP Amendment Presentation by Bell . This agenda item is to consider a proposed secondary amendment to the Land Use Plan submitted to public hearing on May 28, 1965 for recommendation to the Board of Commissioners . Chandler Concrete has requested a secondary amendment to the Land Use Plan for a recently merged portion of Lot #32, Tax Map 45, Located in Hillsborough Township . This request is being amended to include an area of 1 .41 acres rather that 4.34 acres as originally requested . The proposed amendment would change the Land Use Plan designation of the property from Rural Residential to Ten Year Transition/Commercial—Industrial Transition Activity Node making it compatible for commercial or industrial rezoning . The Planning Staff recommends approval of the request provided that a smaller area of the Lot in question is designated. Staff recommends that the proposed lot Line be moved to the northwest approximately 120 feet, reducing the area for redesignation from 1 .41 acres to 0.86 ac-res . Gordon emphasized to the Board the change in the original request and noted Staff's recommendation for 0.86 acres instead of 1 .41 acres . Gordon continued that she had talked with County Attorney Geof Gledhill and he responded that after listening to comments , if the Board decided new and important information had been presented, it could recommend to the Board of Commissioners that a nnw public hearing be held, or a recommendation could be sent. forward from this meeting for Commissioner 's • action . • Bell continued. ISESEssmaiemes■ 051 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5. 1985 ActionAg_pnda Item # 1-;fl SUBJECT: NORTH FORK PHASE II — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEAR/N6 Yes JL No Attachment(s) Information Contact : EDDIE KIRK CHECKLIST VICINITY MAP PRELIMINARY PLAN D.O.T. LETTER 7-15-85 DRAFT PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for North Fork Phase II . • NEED: The property in question is Located in Little River Township off N.C. 57. It is known as part of Lot 3, Tax Map 18. There are 12 Lots proposed out of 12.74 acres. The smallest lot size is .92 acres while the Largest Lot size is 1 .34 acres . Final plan approval of the eight (8) lots in Phase I was November 19, 1984. Little River Township is not zoned; however, the Subdivision Regulations require a minimum lot size of 40,000 sq. ft . where the tots are to be served by on—site sewage disposal and water systems as is the case in the development . Fork Drive is to be dedicated as a public road. It is to be constructed to state standards from the cul—de—sac back out to N.C. 57. Phase I was approved with the conditions that (1 ) access to Sweet Drive is prohibited and (2) during Phase II The entire Length of Fork Drive be upgraded to NC DOT standards. The property in question is located in the Little River Fire District which is served by the Caldwell Community Fire ”'--- 052 Department . Police protection would be provided by the Orange County Sheriff's Department . IMPACT; The addition of 12 lots with the improvement of the road to state standards would have minimal impact on the area. , RECOMMENDATION: The Planning Board recommends approval of the Preliminary Plan subject to the following conditions: — access to Sweet Drive be restricted by note on the plat or by a restricted access easement of 15' along Sweet Drive - NCDOT approval. NCDOT is waiting for Phase I to be replatted with property tines to the edge of the right—of—way and re—recorded with NC DOT stamp. Wiammw ti ., _��._ �-'' 1 f / `,_ \ 9942 . �'' / / 811.41 AC. j(��CCr� 31. 1 / f 8593• .� Uel tl /�/ \ ` //f_ I ! \ 8766 3539 \ /--�\ `'-- -. 321 AC- /;/ \:\ @ 2.04 :• / ` \ "`�` �. 23 :8' \�� • / A \\\ V91 ....„.e:::::_.::,... k.�•T R°. ~--' NORTH FORK Rfi PHASE 1I Applicant: Ernest McPeake ��,g2ac•CA7849 -WP Designation: Ag- Res s? 19.51 Ac. Scale: 1" = 400' `.9 / 6351 �, �. ///. �, is o C)3.509°~ 2 `` 4.76 AC. N 4`•2494 //�. �' 13.46 -. Ac 3;1C %// '`' `ate • a 4.75 AC, / �` �z�•�� ��� , e ‘%, 0084 C1)5.687 is . / / A.. i; , 3 :14 i N / L o-- c, �z `' ,��� 53'D•9 ' / • G e• 4.07 AC. ///.67A•C9$ �a�+' • a S e ( /`�' 0F61 ////, 2553 Q 4743 5.14AC. " f / „ t.17gC. s 6035 �/.4 I 1672 39 o � \!.� 30 4 , 93 .6495 3C ,r" 43 AC. 3.74 AC. 0. ,iv54 ' 032\4 3.77 AC. \ `` 6704 to �tw 5947 °:\'6.o' .� AC- 3.6 7 AO r s 37 ® 6327 38 13. 75 AC 12.69 AC. 6.65 AC. 9 4532 33 .0372 4.67 AC. 7595 . 0 \ • 4 22• • ' \ g s. 0 1-1I . ; \ \ MAJ•OIt S(IBDIVTQTOIV CHECKLIST NAME OF SUBDIVISION North Fork Phase II OWNER OP DEVELOPER Ernest T. McPeake ADDRESS 19 Kitchner Court, Durham NC 27705 TOWNSHIPS i:.t e R Uer TAX MAP__18 BLOCK _ LOT 3 CA NAME OF SURVEYOR OR ENGINEER Alo}s Callem n Total number of lots 7— T2 To be develo ed in 1 Typical dwelling units at P _ Phase(s) . Total, number of a 12.7 + gresent none or proposed acres__ WATER SUPPLY: Public (Name) Colmmzuity SEWAGE TREATMENT: Public Community Individual. X SCHOOL DISTRICT - Individual Septic tank X C� _____ Access onto State Road it =,y FIRE DISTRICT Little River NL Sf Road Standard: public Existing critical areas such as streams X or Private Class A � B ( ?. Flood prone areas { )r Watershed , ' C Explain: N/A ! )'Historic Land uses in the general area Farming and Wood d lan SY.EICII PLAN RECEIVED (Date) -21- 5 PRELIMINARY PLAN RECEIVED (Date) Approved ( X) Recommended Changes ( ) Preliminary Review by Health DeparLm— en— RS REVISED PRELIMINARY PLAN RECEIVED (Date) Board of Education _ Erosion Control Officer �11W- -$ Department bf Transportation Other OWAS A (if possible) - -Mebane (if possible) r Hillsborough (if possible) Board `Orange/Alamance (if Preliminary Action by the Planning ossible) g Recommended approval with conditions Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) { ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed ( ) Road Maintenance Agreement submitted Properly on the plat (where applicable) . Approved ( ) Improvements have been provided for; completed; bond, letter of credit, cash. Date ( ) Final OWASA approval. (where applicable) on all plans & specifications, Date ( } Final DOT approval on plat { ) Final action by the Planning Board A101:21..*■, rE)E CEIVE 756 55 I . En] 1-16- INV • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN GOVERNOR July 15, 1985 DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY Orange County Mr. Marvin Collins Orange County Planning Department • 106 East. Margaret Lane Hillsborough$ NC 27278 Subject: Preliminary Plan - Phase One and Phase Two North Fork Subdivision Off NC 57 DearMr. Collins: Approval is given for the preliminary plan. of Phase One and Phase Two of the North Fork Subdivision. Final approval of the horizontal alignment, vertical alignment and drainage facilities will be pending approval of the construction plan. We recommend that the Phase Two typical section match typical section. of Phase One. If there are any questions, please advise. Yours very truly, t 6,deirpt0...4 S. H. Jones DISTRICT ENGINEER SRJ/JBH:jbh cc: Mr. Alois Call emyn • An Equal Opportunity/Affirmative Action Employer ,r1,71 .. . . pow B e O6 ' 10 '-' 4.' Pearson stated that one did not have to have Health Department approval before subdivision , but a note would be placed on the plat stating these tots could -;' net be built on until Health Department approval was granted . Smith responded that this was true, but that a nate must be on the plat stating that Health Department approval had not been sought and another document -.: must also be recorded with this information . She ,,•;' continued by citing the ordinance requirements regarding certification from the Health Department . 4., Pearson again noted that this was not needed to plat the property . Smith responded that staff would need ,,- assurance that there was no intention to build on the 4 lots or else Health Department approval or a ti qi statement identifying Lots which did not receive :-w Health Department approval must be recorded on and with the plats . 11:H Gordon inquired why staff submitted the plat without Health Department approval . Smith responded that the Health Department had indicated they would be through by Friday and staff did not feel it was reasonable to hold up an applicant for thirty days simply because the Health Department did not organize itself to get .., the approval done . Alois Callemyn , Surveyor, stated that two appointments had been made with Health Department and he had been at the site both times and the Inspector failed to make the call . He continued that all Lots had subsequent been perked, but the Inspector wanted to do 2 lots again . Caltenyn noted that his client had given him permission to combine Lots if necessary for this approval . He noted the only problem he had with dual driveways was that Lending institutions so often tell applicants they must have their own driveway. The answer to this is to widen the driveway to allow two drives . NOTION: Walters recommended approval with dual driveways as recommended by Staff and Health Department approval on final plat . Seconded by Kizer. VOTE: Unanimous . g . North Fork (Section II) — Preliminary . ...._..____ r-,- .. .. ,. ...,_ . . iv..- ‘ - Presentation by Smith . The purpose of this agenda item, is to - consider - approval of the. Preliminary Plan for North Fork Phase i' II . The property in question is Located in Little- River Township off NC 57. It is known- as Lot 3, Tax Map '.: 18. There are 12 Lots proposed out of 12.74 acres . The smallest Lot size is .92 acres while the Largest lot size is 1 .34 acres . Final plan approval of the , eight [81 Lots in Phase I was granted in November 19, 1984. , ., ,. -- . Little River Township is not zoned, however, the Subdivision Regulations require a minimum tot size of 40,000 sq . ft . where the tots are to be served by on— site sewage disposal and water systems as -is the case 4.•,: in the development . •.; Fork Drive is to be dedicated as a public road. ' It .,.. is to be constructed to state standards from the cut. -,,.- ..,- ate—sac back out to NC 57. Phase I was approved with 4 Oa conditions that (1 ) access to Sweet Drive. is A , . prohibited and (2) during Phase II the entire length of Fork Drive be upgraded to NC DOT standards. .• The property is located in the Little River Fire District which is served by the Caldwell Community Fire Department . Police protection would be provided „.. by the Orange County Sheriff's Department . , -• The addition of 12 Lots with the improvement of the 1; road to state standards would have minimal impact on the area . ; The Planning Staff recommends approval of the Preliminary Plan subject to the following conditions: . — access to Sweet Drive be restricted by note on the plat or by a restricted access easement of 15 ' along Sweet Drive — NC DOT approval . NC DOT is waiting for Phase I to be replatted with property lines to the edge of the right—of—way and re—recorded with NC DOT stamp . Best inquired the reason for restricted access to Sweet Drive . • Smith responded that during Phase I approval it was stated that all lots have access to 058 12 the new road, as the status of Sweet Drive coutd not be determined except in a court of Law. Pearson inquired if any. Lots from Phase I had been sold . Catlemyn responded no . Pilkey asked the Location of Sweet Drive . CalLemyn responded that it was just a rut that runs around the corner of the field behind the power poles . MOTION: Pearson moved approval subject to staff conditions. Seconded by Pilkey . VOTE: Unanimous . h . Enoch — Preliminary Presentation by Smith . The purpose of this agenda item is to consider approvaL of the Preliminary Plan for the property surveyed for Patricia R. Enoch . The property in question is Located on SR 1310 (Frazier Road) in Cheeks Township . The property is referenced as part of Lot 713 of Tax Map 12. It is bordered by residential development . The tract is designated as Rural Residential and Water Supply Watershed in the Land Use Plan . It is Located within the Upper Eno Watershed . There is one Lot proposed out or 16 .97 acres . The Lot size is 1 .3940, acres excluding the right—of- way . The property is zoned R-1 (Rural Residential) with an overlay district PW—II (Protected Watershed II) . Fire protection for the property in question is provided by the Efland Rural Fire District . . Law enforcement is provided by the Orange Counthy the Orange County Sheriff' s Department . It will be . patrolled on a 24 hour basis . Development of this subdivision would have minimal impact on the area . The -Planning Staff recommends approval with the condition that the front setback be changed to 40 ' as required in an R-1 district . MOTION: Walters moved approval . subject to staff conditions . • 059 ORANGE COUNTY 44 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE AUGUST 5. 1985 Action ,4apnda Item # kig SUBJECT: WEDGEWOOD SECTION 2 — Preliminary Plan °- DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment (s) Information Contact : EDDIE KIRK CHECKLIST VICINITY MAP D.O.T. LETTER 6/17/95 PLANNING BOARD MINUTES 7-15-85 DRAFT PLANNING BOARD MINUTES MEMO FROM CARL WALTERS Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel HILL — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Wedgewood Section Two On June 17, 1985 the Planning Board requested that staff obtain NC DOT comment on the sight distance for this subdivision . NC DOT's response is an attachment to this item. NEED: The property in question is Located in Cheeks Township off West Lebanon Road (SR 1306) with one lot fronting on Frazier Road [SR 13101 . It is known as part of lot 70, Tax Map 12. There are 4 Lots proposed out of approximately 10.19 acres. The Lot sizes are 2.35 acres, 3 .22 acres, 1 .95 acres and 2.67 acres . The property is zoned R-1 and subject to PWII overlay zoning district standards and is designated Rural—Residential and Upper Eno Water Supply Watershed in the Land Use Plan . It is located in the Efland Rural Fire District . IMPACT: The addition of 4 lots could add approximately 27 trips per day to the roads in this area . There is no traffic count data available on Frazier Road. A 1981 traffic count indicates 500 trips per day on West Lebanon Road . This subdivision would have minimal impact on the area . 060 WEDGEWOOD SECTION 2 PAGE TWO NCDOT has indicated that sight distance Looking west along SR 1306 is adequate; however, sight distance looking east is Less than desirable. The road serving the subdivision was establis- hed as part of the minor subdivision. Addition of two lots will not substantially affect traffic safety in this area . RECOMMENDATION: The Planning Board recommends denial, based on a motion for approval that failed on a 3 to 4 vote. The reasons stated for denial were traffic safety and concerns about development in a water supply watershed. The Planning Department recommended approval with a 30—foot wide drainage easement along the creek through Lots 3, 4 and 5. ft, MAJOR SUBDIVISION CHECKLIST NAME OF SUBDIVISION Wedgewood Section Two OWNER OR DEVELOPER Apple Creek ADDRESS Daniel Boone Complex, Hillsborough,;NC 27278 TOWNSHIP Cheeks, TAX MAP 12 BLOCK LOT P/0 7D NAME OF SURVEYOR OR ENGINEER ENT SURVEYS Steve Yuhasz. Total number of lots 4 To be developed in 1 phase(s) , Total number of acres 1Q•19 Typical dwelling units at present or proposed WATER SUPPLY: Public (Name) Community Individual X SEWAGE TREATMENT: Public Community Individual Septic tank SCHOOL DISTRICT Orange FIRE DISTRICT Efland Access onto State Road 0 306,131CRoad Standard: Public X or Private Class A , B , C Existing critical areas such as streams ( X) , Flood prone areas ( ) , Watershed {X }, Historic Sites { } , Other { } Explain: Up pe r E no Wa to rs h ed Land uses in the general area Single Family SKETCH PLAN RECEIVED (Date) 4-2-85 Approved { X) Recommended Changes ( } PRELIMINARY PLAN RECEIVED (Date) 5-31-85 REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by Health Department 5-31-85 Erosion Control officer 6_7_8S MKR Board of Education_ $-10-85 Department of Transportation 6-2G-85 OUTASA (if possible) Other -Mebane (if possible) -Hillsborough (if possible) Orange/Alamance (if possible) Preliminary Action by the Planning Board Recommended denial 7-15-85 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ( ) Road Maintenance Agreement submitted (where applicable) . Approved { ) Improvements have been provided for; completed; bond, letter of credit, cash. Date ( } Final OWASA approval (where applicable) on all. plans & specifications, Date ( } Final DOT approval on plat { } Final action by the Planning Board ' d EINUUU OL:HU111 i WU . 4 N ',„,.:-.., l• Applicant: Apple Creek .,-,,: • .1 . , . . Zoning : R-1 ., , . ,.. • ...- 1 WP Designation: Rural ReSidential & - • . - 1 e: l Sca 1" 400' Water Supply Watershed . .., ', • --1. ....... . ,.. ; ,, :, • - = „...... . . _ -5 I 1506 95 tiC. -111551 320. 1 . I 1- no t- . I •- : '44141( - 215 I U 924C , . . * ..-. '-- 1--, 711T 1.04AC. 258 L. =., • IV ' . . •i C i 4 Z L.- N o• •7. ;' l''' ' ' . j . I : ' t'.• tg '‘. • `:: . CO •r9.-7. .• . , .; / W . 7" YgGai: - • 6.7 AC It :5R,C.190 4 • '---. I-f': 4/; . . .%* . : z ca t÷e • al • 2 A C , 1680 . g/ Ai.. . ^ - •••••,N.--' . C.2: '111.111.- ...''''''... j . 30.7 AC. • / 0 / .9268 ,,... 1 --- 7296 , . . / . tx" 50 • 2 • 16-86AC. 40' • . /f, , .-- , , i 86,' - . .... 70 tio4.6o . ..- z •.• a- BA • .., / / 6606- 16.97 AC. • 351P . . I..... ' . i • / ! 1473.44 "10i AC `V €11 „ica i5 AC. 10 .4127 id 5.69 AC- ;-;`-,7 ..; ,; . zIFC- 1 4 3 5250 / 16.91 AC. . . JO RAY PROP • 1/ / mos. Io 03.75 C. • • AC. ell II It 1.5 A C - 0.'4. X 6665 .. • ”.• ' :AC. • . 1 : -. -. . . • . 063 • iv 4,-7, - • "F-101 ; • 451-4 • 4rOuv..0:016 • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 JAMES G.MARTIN • June 25, 1985 • GOVERNOR DIVISION OF HIGHWAYS • JAMES E.HARRINGTON SECRETARY • • • • • Mr. Eddie Kirk Orange County Planning . • . 106 East Margaret Lane • Hillsborough, NC 27278 • Dear Mr. Kirk: • •This is in reference to sight distance at the intersection of West Lebanon Road (SR 1306) with Blue Jasper Lane (private road) in Alamance County. Sight distance looking west along SR 1306 is adequate. Sight distance looking east along SR 1306 is restricted to approximately 415' because of a hill. This sight distance is less than desirable. If we can be of any further help, please advise; • • Sincerely, • • ,•••,,T. W. Watkins DIVISION ENGINEER JWW/HRJ/gm •• cc: Mr. D. B., Kelly An Equal Opportunity/Affirmative Action Employer 064 0745 ioprr-Ahumg 87/411245A11fA/0: 5 -'- line of Kenny Martin property. VOTE: Unanimous. ' c. Wedgewood Section 2 - Preliminary Presentation by Kirk. The property in question is located in Cheeks Township off West Lebanon Road (SR 1306) with one lot fronting on Frazier -', Road (SR 1310) . It is known as part of Lot 7D, Tax Map 12. There are 4 lots proposed out of approximately 10.19 acres. The lot sizes are 2.35 acres, 3.22 acres, 1.95 acres and 2.67 acres. The property is zoned R-1 and subject to PW-II oerlay zoning district standards and is designated Rural- , Residential and Upper Eno Waster Supply Watershed in the Land Use Plan. It is located in the Efland Rural Fire District. , The addition of 4 lots could add approximately 27 trips per day to the roads in this area. There is no traffic count data available on Frazier Road. A 1981 traffic count indicates 500 trips per day on West Lebanon Road. This subdivision would have minimal impact on the area. = The Planning Staff recommends approval with a 30 foot wide drainage easement along the creek through Lots 3, 4, and 5. , Walters expressed concern with traffic safety on Lebanon Road at Blue Jasper Lane. He would rather see a redesign with entranceway on Frazier Road. Shanklin also expressed concern with hazardous intersection and insufficient site distance. Collins asked Walters to explain why he preferred an entrancceway onto Frazier Road. Walters responded that the location of Blue Jasper Lane was too close to the interssection. Pearson felt that this would create more traffic problems. Shanklin felt that the stop sign on Frazier Road would help the traffic problem. He noted you could not see Blue Jasper Lane until you were too close to it. Shanklin inquired about lot numbers. Yuhasz responded that there had been some combination of lots due to lack of perk sites. 065 6 Shanklin expressed further concerns with possible driveways onto Lebanon Road. Greg Sheperd, representing the applicant, spoke to some concerns. He noted that Blue Jasper Lane was an existing road and it was 640 feet from the intersection. Only Lots 4 and 5 exit onto Blue Jasper Lane. Walters noted that it would have been desireable to have seen the design in the initial phase. Shanklin felt this plan came in piecemeal and had it come in properly the problems could have been pointed out early. From traffic standpoint, he felt a better entrance would have been on Frazier Road. Collins noted that there was more than 600 feet between the intersections and this should have been sufficient. Gordon referred to the issue of safety and asked Board what action it wanted to take. Shepherd commented that good planning principles had been used and that whenever a large tract is developed, you want to limit the number of roadway cuts onto the existing roads. He felt this was a superior plan. Gordon inquired about the relative safety of the two roads. Shanklin noted there was a knoll prior the the intersection thdt interferred with the site distance. Gordoin asked if there were any way to get objectives for the safety factor. Collins responded we could ask NCDOT to give information regarding traffic. Gordon felt it would better serve the developer and the County best if this item were delayed for recommendation from NCDOT. MOTION: Kramer moved to postpone the decision on the project until recommendation from NCDOT could be received for comment. Seconded by Pilkey. Kramer noted that the applicant should not construe this postponement to be a negative item, but just the issue of safety. VOTE: 5 in favor. I opposed (Pearson) 1 abstention (Yuhasz) masonmessmossommi. 7/15/e5- • 068. TO: Orange County Board of County Commissioners and Orange County Planning Board FROM: Carl Walters, Vice-Chair County Planning Board SUBJECT: Piecemeal Plans Submitted to the Orange County Plan- ' ning Board by Some Developers. DATE: July 15, 1985 When a subdiviSion is before our board for review- and we know the developer has plans for something bigger later for the bal- ance of the property we usually ask about his future plans before making a decision on the request. This request for more inferna- tion has not come in a cooperative manner in some cases and has led to suspicions or doubts of the developers sincerity in qual- ity development. A new approach to avoid planning board request for a redesign or denial of subdivision request is to go to planning- staff with a minor subdivision request, get approval in house and then come back with a major subdivision request and say roads and other designs of the previous minor subdivision impacts our decision of this later major subdivision request of the balance of the property. I believe this piecemeal approach to development of land owned by the same person or parties should be discouraged. The roads that were approved by the staff in the minor subdivision ' should not be allowed to be considered prexisting. The staff knows when there is a larger portion of the same tract to be developed later. An example today is Wedgewood and Blue Jasper Lane off Lebanon Church Road and bordering Fraiser Road. This request by Apple Creek is a good example of:.very poor planning with no. regard for safety of traffic or children riding bikes from Blue Jasper Lane on to Lebanon Church Road. I have watched the traffic and speed of vehicles on both • Lebanon Church and Fraiser Road. • With the expected growth in Orange County and the impact to our roads from this growth I believe we should be more aware of such projects. Maybe an ordinance review to clarify our minor subdivision standards would be helpful with recommended changes if necessary. 5 ?-eh. 'Ms° ;1„, pr 47 165 067 - 6 • After more discussion Gordon noted that this process applied to subdivisions more than anything els..1. Kizer responded that perhaps it should be changed to say that it is meant to apply only to subdivisions and he felt the Board should study this proposal and decide if they want to implement this procedure. • Gordon changed item one in the memo to read "Complete Subdivision proposals" and indicated this would be discussed at a Later meeting . She then asked for comments on item two in the memo • "Agenda packet distribution" and noted that item • three "Final meeting agenda" would be for discussion between the Chair and Planning Director. There was no discussion on these two items . j. Chair noted that the question of interpretation on item one of the memo would be put on a future agenda for discussion . AGENDA ITEM 5 e . Wedgewood Preliminary Presentation by Smith . The purpose of this agenda item is to consider approval of the Preliminary Plan for Wedgewood Section Two . On June 17 , 1985, the Planning Board requested that staff obtain NC DOT comment on the sight distance for this subdivision . NC DDT 's response is an attachment to this item . The property in question is Located in Cheeks Township off West Lebanon Road (SR 1306 ) with one lot fronting on Frazier Road (SR 1310) . It is known as part of Lot 7D, Tax Map 12. There are 4 Lets proposed out of approximately 10 .19 acres . The lot sizes are 2.35 acres , 3 .22 acres , 1 .95 acres end 2.67 acres . This property is zoned R-1 and subject to PWII overlay zoning district standards and is designated Rural—Residential and Upper no Water Supply Watershed in the Land Use Plan . It is Located in the Efland Rural Fire District . The addition of 4 lots could add approximately 27 trips per day to the roads in this area . There is no traffic count data available on Frazier Road'. A 1981 • 068 • • 7. traffic count indicates 500 trips per day on West Lebanon Road. This subdivision would have minimal impact on the area . DOT. has indicated that sight distance Looking west along SR 1306 is adequate; however, sight distance Looking east is Less than desirable. The road serving the subdivision was established as part of the minor subdivision . Addition of two Lots will not substantially affect traffic safety in this area . Staff did not feel that the addition of two lots had sufficient impact to deny access to an established road. The Planning Staff recommends approval with a 30 foot wide drainage easement along the creek through Lots 3, 4, and 5. Walters noted there were three rather than just two Lots with access to Blue Jasper Lane and he still had concerns with sight distance being "Less than desirable" . -!" Greg Shepherd of Shepherd Design Associates stated that Lots 1 , 8 and 9 had been approved by staff as a minor subdivision in April 1995. Based on this approval , the developer built and constructed Blue Jasper Lane. Gordon asked if the road was complete and Shepherd responded yes, it was completed after final plat approval . Shepherd continued noting that road Location was optimal given the existing road network . He reminded the Board that the Letter from NC DOT said the sight distance was less than desirable, not dangerous . Kizer inquired what was a desirable standard for sight distance . Shepherd responded the desirable sight distance on a 55 mph road is 550 feet . Shepherd continued that there were no standards for • minimum sight distance in the Orange County Subdivision Regulations . Gordon responded that this must be a safe distance . Shepherd noted that he felt utilizing an existing road system is best . Gordon• inquired when Blue Jasper Lane was constructed . Smith responded that it was done before final plat approval . • 069. , . a . • Walters inquired if the road was constructed before approval . Smith responded that staff had already reviewed the sketch and okayed the general Layout so the developer could pursue the construction of the ' road so as to have everything complete by the time the final plat was signed off on and recorded . Walters inquired why Frazier Road was not considered in the beginning . Shepherd responded citing reasons tr for submitting the subdivision as drawn: Lot 3 has an approved septic tank location in the north. corner; for the proposed Lots there would have to be r!+ two crossings of the creek to get to Frazier Road; and three hundred feet from the southernmost point from Lebanon Road is the only paint for access to meet NC DOT sight distance, at which point the road ;t1 would have to cross the creek at its most critical area . . I MOTION: Pearson moved approval with staff conditions noting that NC DOT did not say unsafe, but undesirable . .4t Seconded by Kizer . - . Kizer noted that the ordinance requirement was for the road to be built to private road standards . -.1. -• These standards do not specify sight distance. — He felt this was a minor problem; he would Like to , have another hundred feet but there is no basis to 1; I turn this project down based on the Private Road Standards . Gordon stated that the Subdivision Regulations could i . apply a requirement for safety . Gordon continued by reading Section IV—A Minimum Design Standards . • Kizer noted that traffic is taken care of more • specifically Later on in its own section where it says the road shall meet certain design standards . Pilkey expressed concern that this project is in a watershed and that traffic safety was also a concern as she knew of an accident at this point where people • were killed . She continued that she felt this project was poorly designed and the developers were cutting • corners . Pearson inquired if the road running with. the stream would be better for the watershed . Kizer stated that he felt the requirements of the Zoning Ordinance and Subdivision Regulations had been 070 9 met and this should be the construct of the Board 's decision . Gordon again referred to Section IV—A and IV—B-2 and noted she felt it was a judgment call . • Kizer responded that this was a goat not a criteria . . and that further on it gives minimum design standards by which that overall goal is to be accomplished. He noted he could never recall. using absolute minimum • sight distance for private roads. • Shepherd commented that the developer had already been waiting a month and were hoping for a positive recommendation from the Board. He suggested that perhaps a sign could be requested stating no Left • turn off Blue Jasper Lane . Smith responded that enforcement was questionable in such oases. VOTE: In favor: Kramer, Pearson , Kizer Opposed: Pilkey, Best, Gordon , Walters Motion failed . • F. Leonard Wilson — Preliminary Presentation by Smith . • The purpose of this agenda item is to consider approval of the Preliminary Plan for Leonard Wilson . The property in question is located in Little River Township along Schley Road (SR 1548) .. It is known as Lot 3A, Tax Hap 25. There are 9 Lots proposed out of approximately 9 .73 acres . Each Lots is 1 .01 acres or Larger. The property is not zoned and is designated Agricultural—Residential in the Land Use Plan . It is Located in the Little River Fire District . The addition of 9 Lots could add approximately 60 trips per day to Schley Road. These tots would have minimal impacts on this area . The Planning Staff recommends approval subject to proposed Health Department review on Friday, July 12, 19B5 and combined driveways between Lots 1 and 2, 3 and 4, 5 and B , and 7 and B . Gordon noted that this application Was incomplete as it did not have Health Department approval. 071 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date AUGUST 5. 1985 Action enda 1 Item # SUBJECT: PROPOSED SECONDARY AMENDMENT TO THE LAND USE PLAN REQUESTED BY CHANDLER CONCRETE COMPANY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: GENE BELL 5-28-85 PUBLIC HEARING MATERIALS 5-28-95 PUBLIC HEARING MINUTES CORRESPONDENCE RECEIVED 5-28-85 LETTER OF 7-9-65 AMENDING THE ORIGINAL REQUEST DRAFT 7-15-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 68B-7331 Mebane — 227-2031 Chapel HILL — 968-4501 PURPOSE: To consider a proposed secondary amendment to the Land Use Plan submitted to public hearing on May 28, 1995. NEED: Chandler Concrete has requested a secondary amendment to the Land Use Plan for a recently merged portion of Lot #32, Tax Map #45, located in Hillsborough Township. This request is being amended to include an area of 1 .41 acres rather than 4.34 acres as originally requested . • IMPACT: The proposed amendment would change the Land Use Plan designation of the property from Rural Residential to Ten Year Transition/Commercial—Industrial Transition Activity Node making it compatible for commercial or industrial rezoning . RECOMMENDATION: The Planning Board recommends denial of the request based on a 4 to 3 vote on a motion to approve the 1 .41 acre amended request. The Planning Department recommends approval of the request provided that a smaller area of the Lot in question is designated . Staff recommends that the proposed lot Line be moved to the northwest approximately 120 feet reducing the area for redesignation from 1 .41 acres to 0.86 acres . to. CHANDLER CONCRETE CO., INC. READY MIXED CONCRETE t : 4 -'1171 POST OFFICE DRAWER 1239 rArR 1 O7 2 BURLINGTON. NORTH CAROLINA 27215 17-to-ss- 070 226-1101 ••J • • July 9, 1985 Orange County Planning Board Court House Hillsborough, N. C. 27258 Re: Lot # .32, Tax Map 45 Hillsborough Township Chandler Concrete Co. , Inc. has requested a secondary ammendment to the Land Use Plan for the above mentioned property. We would like to ammend our applicatioA for this Land Use Plan as follows; we would like to request that 1.41 acres of property that adjoins our concrete plant be designated ten year transition commercial industrial transition activity node, making it compatable for commer- cial or industrial rezoning. We would also like to request that the balance of 2.93 acres and the furthest property from our office be left in the rural resi- dential area. We are attaching a new drawing prepared by Phillip Post & Associates showing this division of the property that we have purchased, and it would allow us to use a portion of the 4.34 acres. It is our hope that the Planning Board will favor- ably rule on this proposed ammendment. Very truly yours, CHANDLER CONCRETE CO. , INC. J/r e62_%...W.41_1 • T. E. Chandler President TEC:nd Attachment Y . V 04i•V9 9 :rtl 'AIIf % %C'O 0 31 SC4- dWO .8 -Z VNICIA10 101 ,�u•iuv .SC�N�WG�Io���t . O,Of g Cr. :auO}{O SNISVO a33'OM HSVM �q X.OV X Osr-Z ,L t•sg� :Ouv �, �lS -J NI(VNV7d ,GO•9118 L =5F1tQV}1 Of�tJ °tt0152111�ttta 4.a wsi lb .•••: :l N ! WR doB .off' i••�:'::•:•':••:: .'O:'.7,';•.,.. .t „0.• o� :Y :fit'•.•- ••lQ:::;�•... rr � t•]' •CJ's:^ �r G1: :•O::: O _ 1 a w dos + '!'1dit,Qvair}l0dtri].11 fl i 33v:wns -13AVUD 'AVM3- AI7{0 G3SOdOUd � CHANDLER CONCRETE CO., INC. READY MIXED CONCRETE 074 PosT OFrICE PaAwrFt 1239 BURLINGTON. NORTH CAROLINA 27215 (019) 226-1101 RECEIVE-) July 24, 1985 Ms. Carolyn D. McCaskill Environmental Engineer Raleigh Regional Office N. C. Department of Natural Resources & Community Development • 3800 Barrett Drive Raleigh, North Carolina 27609 Re: Chandler Concrete Co., Inc. Industrial Washwater Recycle Facility Orange County, North. Carolina Dear Ms. McCaskill : This letter will serve to update you on the progress being made toward our recycle facilities at our concrete plant located in Hillsborough township, • Orange County, N. C. On Monday, July 15th we met with the-Orange County Planning Board and requested -that our original Land Use Plan be amended. This amendment contained a smaller portion of land being changed to the Commercial Land Use Plan and.wbuld allow us to use the ponds that have been constructed on our property for industrial washwater recycling. There was some questions concerning the size of the land, but the ultimate outcome was that the planning Board voted to send a recommendation to the County Commissioners for their vote on August 5th. There is still some confusion as to what action will be taken by the County Commissioners as our company had requested one amount of land to be used and the Planning Staff had recommended a smaller amount and as to which recommendation the County Commissioners will pass is unknown at this time. It is our company's hope that a favorable ruling will come from the County -Commissioners which will then allow us to apply for a change in the zoning law and allow us to install a Dump to recycle the water in these two lagoons, or holding ponds. We will be in touch with your office prior to any work being done to seek your approval on any further recycling efforts at this facility. • We have also instructed Phillip Post & Associates to draw plans showing the location of the ponds and the criteria you need to substantiate our application. We .Ire also looking for pumps that would be feasible in case we receive a favorable ruling from the Orange County Board of Commissioners. I will be in touch with you ofter the Board of Commissioners meeting on the 5th of August to update you on our facility in Orange County. Very truly yours, Thomas E. Chandler President TEC:nd Page 2 • -- Cont. 075 cc:• Mr. David Adkins N. C. Department of Natural Resources & Community Development r. Marvin Collins 17 Planning Director for Orange County • Mr. Fritz Brunson . • Phillip Post & Associates 4• . . • • • • • • • ,• . • • •I • I • , , . • • - 076 ORANGE CO.U.A.7TY PLANTING DEPARTMENT ECILLSBOROUGIEC NOR= CAROLINA' 27275 • 7E1- 52 REFERENCE: LUP-2-85 APPLICANT: CHANDLER COITCRETE rYPE OF REQUEST: SECONDARY AGENT: T. E. CHANDLER SPECIFIC REQUEST: TEN YEAR TRANSITION/ STAFF ASSIGNMENT: GENE BELL COMMERCIAL-INDUSTRIAL TRANSITION NODE , PUBLIC HEARING DATE: NAY 28, 1985 • *************** VERIFICATION OF APPLICATION AS COMPLETE The applicant has submitted the required application materials which include: a. application forms - completed b. fully dimensioned tax map with parcel to be redesignated highlighted c. letter of request - narrative LOCATION AND DESCRIPTION The property is located on the south side of old N.C. 10 (SR 1710 aboilt one- half mile from its intersection with new N.C. 86. It is referenced as tax Ma- 45 Lot 32 Hillsborough Township. The tract to be redesignated contains 4.3. acres. It was merged with the existing Chandler Parcel (1.47 acres) on Octobe: 3, 1984. Total parcel acreage is now 5.81 acres. TcSUES This application raises the following land use issues for consideration: 1. Appropriateness of area for industrial uses and implications of rezoning. 2. The relationship between the application and the overall. Land Use Plan an policies for the County. 3. The relationship of this request to the Town of Hillsborough's annexatic plans and the willingness of the Town of Hillsborough to annex the site. 4. Impacts of the use on SR 1710 . RECOMMENDATION The Planning staff recommends denial of the request. • • • t_U P Z, : .- 2 - "` 1 r r •Concrete �f {t• ;0;1':6:_.. 1 s �� '` �r';`4/ =Y• -' r L I CANT: Char ,e REQUEST: Second:•ry Land Use P t : 1� . I� CURRENT DES!GHAT! rte, r 1 :2-1.111::::`,..r).". ``,`G ATiOtl: Rural A R sidentiai 1 REQUESTED DES I GNATI Oil: T=- • Year Trans i t i on/ I -•-'' ^,,�► : , "' ercial-Industrial ~~�,, ''--- `-`�� ' ..•., r • ca i e: 1" = 400' • :IS i t i on node i i` �: • r ~~\. ,may ` -•'•HS 3 c,. SE ,i' - ` ' `.J. -i ._• ' T2 - - 1 / , uTEB 2l j I/x// ..? J 1724s�as as C - :\• / / IIt I I r . ,%33 • ' • • % (' ,.D % (.7...z.,s1 X di el ' I ./." ii I \'`... \1/4.... 4 1::•,,.....1 I I \ `` \�� ,� �; ` \. .r 1, I 19 \ f 1 `'>`:.L - r `T30a_ .9 C. •. ✓, -6516 t 1 / • m 'E-. _'_•,,' a r .„......./ 1 \1 rix, .`7575 / 13.82 AC-ji 1 10'°9 ``-' r t =�1:t' .' j� \ `• ��.1.":•••:::.,,,„...,. / i1 , •04;,3 !I L0C- T(Ot/ (t'1,�P 9 2/x_-`; 10 i 1 i< ra;gnca • CG4f7T,= AC I. " 1,1*1 C/106)0105 ''''.:::-.1"`-. t7.C ( � 5052 ` T t'A ;'� �,i/i.37 AC. 0 1 Is -` j / �, ? - ( 2 4. 62 /%%\ 'J R.4:1„-°-- -.1.._2,'C.I 1.9 7 AC• ``-- _ AC. ,�/,',��i . 't, ' ,—„• -' ''' '' .7,..-- ,*- 6.-') AC- : 1 -,.„1,,i'6.i'''A„.\ /,,,-/. .,•//• 6,56 ` • 1 0701 ,� ',� �„. .- . .. r 7 , 1 - •G1•i"I ? I i w . �kE�iiz;/ Y„1` 1ti+.. ' O ` � _ ----\5330. I i 1�J 1 I ``'� ' I ; \ 7.07 r ti-_.J 1 / I I I I I I • ' I 1 ' tic !� // 4:04Ac,r i% SEE t I MAP 45A I ( ( 1 1 '• {AC ;JO.ePA 0.4175, t (✓OPP:+OAKS, w I (✓OPPG 'J�i ifS,ScC.Si/ SEG./J s SEC.21 ? 35�. �3 � 7 Q ( S'9 4s3.e3 � / �( o � -. 7.99 \ �� \ 1 �/ .Jr t I i 2 4 AC . ; `.2co J~.�G •1 1 1 \� g-'_' �,,. - `ion \\---Li \ �B d 744, I 3-94 AC- CAL E_ ,c /%l%� •3r! ;e�FERS _ __urit- I ] • I �- 4193 `( \:` \,\,/;-:., :; > (✓OPP _I • , .I - 2 AC. , _ A OAKS. I �: :1 AC- SFC-31 rJ 45� 8 - _ _ _ _ _ _.- --t,,,°� t: .• I ,._ I 1 . ■ 0),FLUSrGE 001701:177: PLANNMTG DEPARPAIMINT 078 yrtl".SBORCYUGU 'NOR= ,20 - • - .4L? • LAVD USE PLAN AMENDMENT APPLICATION All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following, app. icati-on as completely as possible: • OFFICE USE ONLY REQUEST #LUP- 2.. DATE RECEWED: 4-n - ve" STAFFPERSON(S)-RESPONSIBLE: .G.EW GENERAL DATA: Chandler Concrete Co. ,. Inc . Property alner(s) Name: Mailing Address: P: 0. Drawer 1239 , Burlington , N . C. 27216 Bur l - Phone: 919(Home) 2?6-1181 (Work) H-Horo..919-732-812i Agent(s) Name: Thomas E. Chandler, President Mailing Address: P. 0. Drawer 1239 , BOrlington , N. C. 27216 Phone: . 919 226-1181 SPECIFIC DATA: • Tax Reference: Township Hillsborough Tax Map 45 Block Lot 32 Public/Private Road Name: State Rd- if 1710 Lot Size: Acreage 4. 34 Square Footage Lot Frontage 975. 30 ft. Lot Depth : 269.. 03 ft. • • 079 SPECIFIC DATA (continued) : Current Plan Category Designation(s) : General Rural Residential P- iv ty Node Ilatershe.d J. nt Planning Area Descre Land Uses In the General Area: tp. sv • ' 4 sAr -ota 9 p:.- rk, Convenience Store , Mini Whse. On Adjacent Parcels of Land: Ready Mixed Con: — Plant Hwy # 1710, Southern Railroad and a manufacter - • • • % Land Use Plan Category Designation(s) Requested: Commercial Indutrial Type of Amendment: Primary. Secondary ugli * * * * * * * * * * * This application should be submitted with the following materials: Fully dimensioned tax map on which is highlighted the parcel, e or portion thereof, in question. . Legal description of the parcel, or portion therof. • • Letter of request to include: • o the tax reference; general location and owner of the parcel o the!current and requested. land use plan category designation(s) • o a- narrative stating the manner in which the proposed amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendmc.n' • o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. the underSigned, certify that all statements furnished in this applicatio. pre true to the best of -my knowledge and that the application as submitted is complete. 2 644 A . NAME OF APPLICANT(S) SIGNATURE OP APPLIIT6) DATE • DLER CC CRETE CO INC. 080 READY "ID cONCRETE FT ..;:o.wen 1239 DURLINGTON. . CAR3L1NA 27215 1 April 16, 1985 Crar .,e. County Planning P.epirtment Hillsborough , North Carolina Re: Hillsborough Township 45, Lot 32 Dear Sir: Our company is the owner of the above referenced property. It is located on state road 1710 and bounded by our plant on the west , state road 1710 on the north, Southern railway to the south and a manufactured home to the east. The current use of the land is rural residential and we request it be changed to commercial/industrial transition node. We have recently graded this property and would like to use it to park our vehicles and for any water run off from our property. lie received a grading permit from the county and have bordered the prop- erty on the east with trees . The grading of this property also allows better visability for our trucks entering highway 1710 and elimated some risk for accidents. We have owned the adjoining property since 1972 and we were able to purchase this property in 1984 after the estate of J . B . Rhine was settled . Our request is based on the procedure for amending the Land Use Plan adopted by the Board of Orange County Commissioners , 11/1/82 under the category of secondary amendments item "B " which reads , "extension of • any plan area where the additional • area is contiguous with the existinc area and does not increase the existing area by more than 100 acres . The land adjoining our property has been designated commercial/industrl and is currently being used for this purpose. Our company therefore requests approval of our plan to change the designation of our re- cently acquired property. Very truly yours , CHANDLER CONCRETE CO. , INC . e57: T. E. Chandler TEC : nd President ryy, a . M M [ratttea .r gastric-and fa wit by tame:Pldiu_.a G C o..lne.,Yad.•u.:dle.li,C. z WA.o•StANTY PEED-Fo:-r V.D•504 ._�_ —.,_._---_-- -_.�__. ?' STATE OF NORTH CAROLINA, ORANGE County. $4 JA''- I_FRP:_F;LAND sin^ }.- -: THIS DEED,htadechiss��dayo[ rr.t-.1Y .,19 .bYandbetw.•cn. .: ._( -._sle) and• JAMES L.\NOON FFEELtND (single) 1 of _ Oran' __ _� corms r CANDLER CONCRETE COh'PAN^i, 1P:' . _____ --seat-.f-- Carrillo*.hereinafter called Cantor,and _^ , of 'y and State of Netth .•.hos,hereinafter. ih+te mantnemaitme addressts F. O. D St'•rr 239.a..$url n t tl, �lp'Ei, ._Cor4�,i,ita_27.' al!ed Grantcc.• + Iw 6 -•-�` �'_b' Q- — { wyl a:::1 T}I_ •the Grantor.for and in consideration of the sum of -r£'V^ _. _Dollars ' .Sic ennalderations to him in hand paid by the Grantee.the accept whrnuf u hereby act.n.wledCed..has y:•rv.,gar. b;egswed.aril- e„r)sd;.:;•• -csc presents does gin..rant.bargain.sell,convey and confirm unto the Grantee,hh helm andlot successors and •.•.+yna,promises in -:31 _Township ORAT•T:F. County.North Carolina.described as follows: i 9873.27-.S'51Ki/ ¢.SS-.• •3'S' '04.4.74 9873-4?.7-36r1V `45"..?,.. Consisting of 4.34 acres as shown on the plat entitled 'Property Surve7ed , Fe: Chandler Concrete Company", dared September 19, 1984, by Stave F. Yu:lasz, Registered Land Surveyor, (a portion of which survey is atta.:hed as Exhibit A) ling on the Southwest side of North Carolina Secondary Road 1o. 1710 (kno-a as " old N. C. 10) and described particularly,as follows: BEGINNING at a control iron set to the Northwestern property line of or B of BEECH0L :-..ND at the Southwestern right-of-way line of Nor. Carolina zF; - Secondary Re4e No. 1710 and running thence South 54 degrees 4, einutes 03 second, West 222.13 feet to a point in the center line of the ri; .•:-of-way of i-^`s Southern Railroad; thence North 28 degrees 09 minutes 55 seconds :Jeer 2?.:,f2 feet to a pole.7; thence in a Northwestwardly direction 483.27 feet alone e arc of a circle with a radius of 1,845 feet (the chord of the said cir:li running North 35 degrees 40 minutes 09 seconds West 481.89 feet) to a poine in I the Eastern line of prope,-cy now belonging to Chandler Concrete Company, Tee., and running thence North 09 degrees 50 minutes 26 seconds East 311.34 feet to • an iron in the center line of Borth Carolina Secondary Road No. 1710; running • thence with the center line of North Carolina Secondary Road No. 1710 South 35 4: degrees 18 minutes 57 seconds East 975.3 feet to an iron set in t;.e center line of North Carolina Secondary Road No. 1710; thence South 54 degrees 41 , - minutes 03 seconds West 30 feet to a control iron, the point and place of the BEGINNING. This property is to become a part of the property located on the Westernmost line which presently belongs to Chandler Concrete Company, Inc. There is no subdivision intended by the conveyance of this lot. fi - •' • : • • fix l. The above lard seas conveyed to Grantor by -Sr_Book No. ,pace TO HAVE AND TO HOLD The above described premises,with all the appnitrnances:(.etas-eta belonging,or in any:vise a pperutu rig,orco chy Gran:ee,his • Ors and or saacssote and assigns forever. And the Cr.time Covenants slot he is;cited of taid premises in fee,and has the right to convey the same in isw met:that!aid premises are free(for,en- {Z., 'a--.branaa(with the earcpti•in,at stated,if any):and that Its Will a•a r t a n:and.!¢tend the slid title to the,ante..,air,st the tastes.)claims of Ai ersons 1;" 3umaeever. P , i When tee'tenet is made to the Grantor or Cramer.the singular than include the picot and the masculine shall!nelude the feminine or he, we.. ,r; ..'U.' .'t$$WHER OF,Thr�,ranter(IjI--]s hereunto set his hand and seal,t e day and year�cst above wti•F.. 1 '` _ 6 ��� .Ld-443t.CrC•'' )SEAL} ✓ m.411e,t-i•''rc-ti1.2.1.• �1—Ti 11'x! !SEAL; (SEAL) -/ (SEAL) TATS OF:IOI.TH CAROLINA. y't, t COUNTY_ y—~ ,�tt�4aiitO JO.+ t • 1. .- 14.Z..4 .7...5. Y'O:C ,a Notary Public.of said County.du hereby cer,.�3., , t JACI I• FR _�D (sinall.) — . OraEZ :cantor,permtu,',appears-before me this day and acknowledged the exvevunn of the foregoing deed. /{ • Witness my hand and notarial sat,t st the O�! der f�..,���' -1--- •-t,�sr __gall ^ y n c Ft6 cc, i3!Ir. n •• _C:sm:ne>,i Expires:,-[e� �%�r� • e"'�`t'lzr'°`TMns'— Y._ '%r r• 11 . L) rATE OF NORTH CAROLINA, Vt'Sr Tara,' COUNTY. • I.-..M taaziac tt;!---„.0_C EI^ .a Notary rubric of said Counry,du hereby certify .,.gist�,A. • _ _ JA*:ES LANDON :'REELAND (single) V” dT Want...ri::*:13Ily a+peared before me this day and acknowledged the execution of tl..•foregoinhdeed. �-- W:mess my hand and notarial teal,chi,the._.._c7n.Cr'-•' d., of ✓✓x' �- �-..4 PI I NOTARY 1 I ( 7 -Cam..--•- ".ern..... - , r,,! •ly co...Eapees:._____ :',., .,— ...�'�'oa,rhL.= •` ... EH C; .--__�_ ^- _ ..._ e• .� ��� .� tom?, •TATS OF ti.':_TH CAROLYA, - _CttuNTV. 'YC •---�'f'. J ' The;,•reg,,e.h,t ce:n:ea:rla)ur ---------- CQL';�,ti aarc)ceztifud to be car:ect.Irbil instrument wan pretm:rd fnr rcpIuratimt tins.--..—__day of_. .19 • ..., _ A.M..P.ht.,and duly recorded m the attire of the Rt sire:of needs,,f._-_ .,.,___—____- . Csn;nty. forth Car n5ra,in Rook_-___.cyst--. Isis the ,—day of .A.0..In_— by _ A1� .1t/8. 4- •-- Keps:ct_f Ikeda 1. '........-Oepetv?Ld,E.ter of U:e:d_ _. TMsDraddrawnby C_a ,_1. ,—III.,_IISIG -u_S RIrX!AP l.R t__Mnr:Larrt, ^.nt' t:ill *• 0 h r 272 - ^...a.'.•: .-•_ ' , . __,','e'. .... . .....a.••(F=ee.•°.7 r . ...... 4 i. . .. . . ..._ _ .. 082 • . r C"'ql.R.S. ..40:,-INDUS7' • --- Te ere . ---- a7.7-.AL RESZ17.:TIAL TEN AND TMTNTY YEAR TRANSITION 1 T.P.:21SITI0N ACTEZUPv Near- ,--: 'ed SThee. Located on Land Slone. ao sizm'ftcant Land Slone. Located on .,-..ei wate an overall slcoe or eopoeraph:- eroblem land with slopes or lees ' Lope of less chap that would =reasonably in- than 15% grede. crease the cost of extending water and sewer 14nes. Hedmolomer. Located out- 8 7:1'.7olor.7. LOCata-d. ou .t- side of 100-year fle-el _ . ede of 1-00-year flood Hvdrelee.v. Located outstde prone area:. as idenee:4ee areas as identified of 1.00-year 'load prone by the Cox'. of Eneeieeeee. . • -. -- Y te: Corps of C'nginee rs. preas as 4deneed by the- . • Cerps of Enmineers. ?lora and ?euna. Located foe% -nd Puuna. Located . away from s:,.;:es th2t vould, , - .way .-c...., sl;es at would, ?lore and ' eue.e. located Lr developed, oreete e 1" &ea-loped, create a away frem sees would, tr....eat to ar4que or .ndan- ereat to unique or endad- iZ developed, create a ge.-ed speeies a:,i eered species as identified .threau to unicue or en- • by the sre,e..1. or e..0..e7.-,1 - Y the s- ae or federal. damrered species as identt- governsreee, . • :everament. • fled br the state or . federal governstent. ....Sc-" Colle.i.laa-..--_-__ Ins. te.ated . •oll ConditionS. toe ead in -ar..-.3 .diaxal gr.*,.‘..:•;•_.1.. 3 011. .2 az'tes wners genera soil Soil Conditions. Located conditions are suitable for :ladielons are suitable for in areas where geeeral soil urban uses because ef good :n-stte sewage dlepoeal condttions are suitable Car 4ratnageract . .'4ottoo urban uses because of rood and load br4 nz : .1.pac4t7 drainage characteristics for site deyelopo.nt. 'obli^ S=r74..rms/Utilities and load beartng tenacity for -ocmtmd in areas that will site developmene. Public Serv-ices/Trflgtles. lot require urbao-type e.oeated in areas wnich aro _ mrricos. ?ublic Ser-rites/Utilities• or could be reasonably and t Located in areas whit= are effectively served by cee- - or could be reasonably and tralised public services and effeelently served by cen- tralized public services , . and utilities. • P. . . . • 1 Transportation Systee. Located Zransoortatien Svseem. No TransPorearefon Svseee. 1- areas that have very good : or ee.—.7-77,tTe-E-Fr5-===, -Ivaluaclon. road access, as well as service . and/or eolleetoe el-kw-vs - by rail lines. These areas Use. Located in areas extending .5 miles beyond I should 'have the most complete se lease 5 minutes commuting intersections or wittln on of network in the cime fee= an activ-lty node. mile of an interstate inc . County's planning Jurisdiction. change and within 1000 znisti,,- l' ^d. Use rocar-ed in . - rail lines. ,-socaation wien other low- - Fnoreer Use. Located within .. ieesity rural resideneial uses Enemy an Located with' 7/ general proximity to developed les* =hall a 5 =ir-ute ''="=Iltin'S less than a 10 minute ccm- t4,-e from small-scale eemmercial xe developing activity nodes. muting time feom an Urban uses and a 5-10 minute eomeuting and area- time ft-on major commereial uses ta-ricultere d :Forestry - . Lo ' or an Urban area. tazed away feon areas enae Existing. Land Use. Locate ;wild, if developed, have a within identified Tan or Existinr Land Use. Located in lecrimental iepace an produc- Twenty-Year Transitioa aee areas which are in transition efve agricultural and managed from rural or low-deesiey uses:ores:. land. Ammiculture and qo-estee to urban or higher deftsiey uses. ceeed away - ,-. lepulatf_o .o .. eoee-ed development woud have a. Ao:r4culture and Fcrestev. _n areas of rural populazion mental impact on prcduee4e Located away from areas where lensity, generally one dwelling agricultural uses and mane development would have a detri- cait per acre. forest land. mental impact on productive agrfealtaeal uses 2=a managed ?oeulatior Ds- -v ro-e` forest land. in areas wito moderate -...-o • on m4 -s. ?ovulation Density. populati desti ty. Located . in areas with moderete to . high populaticn densities. . . . • : Efetoeie and Cultural. Located away feoe areas where development . • would hey- a deureeental impact on state or federally acknowledged . . h4storfc-celtural sites or Couety identified Public Iaterese Areas. ! • • 1C83 CHROVnLOGY OF EVENTS* CHANDLER CONCRETE LAND USE PLAN AMENDMENT (LUP-2-85) 10-3-8,5 Chandler Concrete merged undeveloped 4.34 acre tract to 1.47 acre tract containing tneir concrete plant. 1-7-85 Orange County Health Department and N.C. Division of Environr, ntal Management (DEM) officials visite', Chatiler's new tract in response to c . -Azen complaint about wastewater runoff. 1-10-85 Mr. J. C. Tuttle of Chandler Concrete advised by letter from DEM that they (Chandler) were illegally dischaging wastewater and that a permit was required. DEM requested written plans by 2-1-85 for management of wastewater either by recycling on-site or treating and discharging. 1-17-85 Application forms sent to Chandler by DEM for discharge and on-site management of wastewater. 1-30-85 Chandler responded to DEM and indicated intent to comply with DEM requirements. 2-8-85 MTC site plan submitted to Orange County Planning Department. 2-13-85 Chandler received permit from Orange County • Sedimentation & Erosion Control Division to clear and grade new site. In conjunction with clearing and grading site 2 retention ponds were constructed. Chandler' s plans were to recycle water from lower pond back through concrete plant by use of pumps. This was, an option suggested by DEM but Chandler did not obtain required state permits. 2-14-85 MTC site plan approval issued by the Planning Department in conjunction with grading and clearing activities permitted by Sedimentation and Erosion Control Division. 3-25-85 Citizen complaint received by Orange County Planning Department concerning Chandler's use of new tract for washing and parking concrete trucks. * This reflects main events and does not include all • correspondence/phone calls re opponents and Chandler and Health Department etc. Pffazi 084 2 4-9-85 Chandler offici-'ls met with Planning Department and wer- advised th, their use of the new tract was n-;-- conforming since the use was an extension of their existing 1-3 operation and the new site was 4= • vrned R-1. Washing and parking trucks and run-off retention were both non-conforming uses. They were advised to apply for Land Use Plan amendment and, if successful, rezoning. They were warned against further use of property until it was brought into compliance with zoning ordinance. 4-17-85 Application for amendment of Land Use Plan received from Chandler. 5-8-85 Chandler Concrete notified by attorney for Dr. Sally Feather and Ms. Betsy Rhine of pending legal action if non-conforming uses not terminated. 5-16-85 Complaint filed with Orange County Planning Department by attorney for Dr. Sally Feather and Ms. Betsy Rhine. 5-17-85 Chandler barricaded new driveway connecting site to Old NC 10 and ceased non-conforming use of property 5-20-85 Planning Department met with DEM to discuss project history, options, enforcement action etc. and conduct site visit. 5-20-85 Chandler formally notified by Orange County Planning Department that all non-conforming uses of 4.34 acre tract must cease immediately until such time as properly zoned. - I- .‘ji 5 - ::..!--=-...; . 000 W. Tryon Street , `Al. - Hillsborough.ti.C.27278 ;:t1.‘ :'... r-Plafferf."Zt7a) ©Ma/Dill V 085. 732-8181 t„, N,t : ,: f .0 t' .., t 4,-/-.,' .‘k.... _ 4 _ •. ., : . L.': 732-9361 ext.305 i: AL ii IA DE PARTMENT Chapel Hill line 967-9251 9'.2.1%.1501 /.4-.bane line . ;ham fie C 33 . , Corr .- 'Mall.Surat a.5 10:: -.. 43-, :.:eb.ro Street bi . . . '.. .27510 r2; , . ' . t-- levy Robinson,M.P.A. MEMORANDUM Director ,::' • .., Jerry Robinson . •',.- FROM: Tony Laws • ci DATE: May 7, 1985 1% - SUBJECT: Land Use Plan mdment Applications (Chandler Concrete) _...f.. In an April 26 memo from Gene Bell to Jerry Robinson, the mention is . 4 made that Chandler -Concrete Company has requested a redesignation of land use for some recently purchased property adjacent to their exist- ;A. ing business. I assume that they are planning to expand their concrete operation. r $ Sometime ago (maybe 3 months), we received a complaint from a neighbor '.:'. across the railroad tracks saying that Chandler was washing down their. • „ concrete delivery trucks with some kind of acid and that the runoff was 5 comming onto their property. I checked out the complaint and found that l' this was true and that a lot of sediment was being deposited in the ditches and streams 'in the area as well. ,•. , 1 contacted the Orange County Erosion and Sedimentation Control Depart ment and the State Department of Natural Resources and Community bevel- ; 1. opment, Division of Environmental Management. I accompanied Ms. McCaskill = and Mr. Adkins of DEM to the plant where the local managers and the Production Manager acknowledged that they were using muriatic acid to wash down the trucks and agreed to present the Division of Environmental Manage- , i meat with plans for containing the substance on the property and for proper disposal. To my knowledge that situation has not been corrected. Before the operation is allowed to expand, I feel that the runoff problem needs to be appropriately addressed. If I can be of further assistance please let me know. Thank You. TL:sm - • . .s--.(14 ...4,.....F. -4- 62L4-arr,T-11 <zr. .- t7;6g,, ...,,.4„0. .5( iltatt. ni,,,, `.7 ,,:sX C.), ...- S--g.— -5.. arviirt - 1,--g. CLeY-4,7•10-rtet,r) - Cc C/-47) 0,Xra4-tD <g-t-Ldi N.1 . • gr........-... ...- VC • . , . - s .-- . --- . :.' Clerk..y 0-,.; taa;„,.1 nf:',/„tiill5harintgil :6, Mayor ' Tow, Frank H. Sheffield, Jr. Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 N Supt. Water Work Commissioners 1 James Pendergraph Ly-s.,-.1:-.3,1 J. Brown Johnson Street Su H. pt: . 8 .4'44 ‘ ..5-i3.-:n A. Lloyd . -. L.D. Wagoner c _ V ,.nu.s J. Smith . ;_t 4,! Chief of Police, MEI ,.....k., Re.,:hel H. Stevens ( 1g 9- Arnold W. Hamlet. 1 - - Fire Chief A • :-.1. Igt, John Forrest n • , May 8, 1985 . , s 1 .., Geme Bell .4. Planner 4' . Orange County Planning Department 17 106 E. Margaret Lane Hillsborough, N.C. 27278 Dear Gene: The Hillsborough Planning Board considered the information on the Land Use Plan amendment application submitted by Chandler Concrete Company which you sent at their May 2, 1985 meeting. Their recommendation to the Orange County Planning .. Board and Orange County Commissioners is as follows: The Hillsborough Planning Board recommends that thin application by Chandler Concrete Company for a change to Ten Year Transition and to Commercial-Industrial Transition Node for an additional 4.34 acres on Old N.C. 10 be turned down due to the following reasons: 1- Pollution of the surrounding watersjs expected to continue and increase. 2- This expansion of almost three times the existing use which is 1.47 acres is not appropriate due to the residential housing nearby including a mobile home .:Y. park across the road as well as a mobile home park and housing to the east. 3- The narrow road is not appropriate for this expansion. The trucks are now ;• a hazard. Expansion would increase the hazards. - 6- There are no sewer lines in the area. The Town has no plans to expand sewer into the area. If you have any questions about this recommendation, please let me know. : . r ' OSiarely, /4,_. f----)7• il 71.'a)f Maltbie Zdning Officer - . . • • r •Inr."7rnrir e s- 087 STATE OF NORTH CAROLINA cPARTMENT OF TR ANSPORTA -1)14 JAMES Greensboro, NC 27429-0278 . GOVERNOR April 30, 7.985 DIVISION OF HIGHWAYS JAMES E. HARRINGTON SECRETARY Mx. Gene Bell, Planner Orange County Planning Department Hillsborough, NC 27278 Dear Mx. Bell: This has reference to your recent letter concerning a Land Use Plan Amendment submitted by Chandler Concrete Company on • SR 1710 in Orange County. This is to advise rat we do not have any comments concerning this application. Sincerely, , J. W. Watkins //' DIVISION ENGINEER JWW:mdj cc: Mr. S. H. Jones 088 To: OrqDnge County Planing Dept../// From: Robert E. Rhine 106 E. Margaret Lane Mexico City Plant, G.M.C. r-t'‘ Ili A) Hillsborough, N. C. 27278 3-220 C. M. Bldg. Detroit, MI 48202 tb °-rt..-'2P' -- May 16, 1985. • • Re: Rezoning of Land on South Side of old N.C. #10 and East of Existing Chandler Concrete Co. (4.34 Acres) . Dear Sirs: - In th- matter referred above I would like to make the following comments: 1. I expect to retire on 1JULY1985 and build and live in Orange County on the land just east of Lawerence Road and north of Old N.C. #10 on a part (Tract 3) of the homestead passed to me • by my parents, Dr. & Mrs. J. B. Rhine who bought the land in 1952. The land 1 own is very close to the 4.34 acres now in question and owned by Chandler Concrete Co. 2. On 5 July 1984, I listed with Apple Creek Realty, represented by Mr. James Rae Freeland, Tract . #4 of "Portion of J.B. Rhine Estate" of 19.78 ac. which was sold to James J. Freeland and wife, Maxine H. Freeland (PIN 9873.:86-4833) who later apparently sold the 4.34 acres in question to Chandler Concrete Co. 3. At the time I listed the property for sale on 5 July 84, 1 spe- cifically questioned the zoning and use of the land in the future and I was advised that it would have to continue as residential . 1 accepted the answer and perhaps unwisely did not propose to add any restrictions or covenants in the selling agreement to insure continued residential use (if such restrictions are • legal) . • 4. My interest in the future use of Tract 4, especially the part between the railroad and old N.C. #10 was and is based on the following: • A. Tract #2 of J. B. Rhine Estate, is directly across (North side) N.C. #10, contains a beautiful . lbke built by my father and many fine trees. This tract new belongs to my sister, Dr. Sally Rhine Feather, and I would certainly not want to see her land value or beauty harmed by industrial development. B. Tract #1 of J. B. Rhine Estate is also directly across (on north side of) N.C. #10, and contains among other things, the old farm house bought by my parents in 1952 (their home for over 30 years) and many beautiful trees. This tract now belongs to and is the home of (since 1952) my sister, Ms. Betsy E. Rhine. I certainly would not want to see Betsy's •• :)1'r 089 - 2 - home place, either value or beauty harmed by industrial development. C. As mentioned earlier, I own and plan to retire and build on Tract 3, just east of Lawrence Rd. and on north side • of N. C. ;110. I do not want any increased development other than residential near my retirement home. 5. A few other points: A. It appears that Orange County existing zoning has been violated. B. It appears that grading, filling, and removal of trees and bushes has taken place, perhaps in violation of ordances. • C. Expansion of the concrete operation will mean more heavy trucks, more noise, more pollution, more wear and tear on the secondary roads, more spilled concrete and gravel on the roads (just look at intersection of N.C. #86 and old . N.C. #10) , reduced value, and reduced positive environmental aspects of living in rural Orange County. Accordingly, I ask the Planning Department and County Commissioners not to approve any change in the zoning, have the area continue as residential , and fruther at your discression consider ordering that the land be restored to its earlier condition; the last to serve notice to all that Orange County Zoning Regulations are not to be violated, but are to be respected. Will our Orange County enforce zoning (N.C. Law G.S. 153A-123) ? Please let the answer be "yes!". Thank youj, ‘ItIV ctkf Robert E. Rhine. cc: Ms. Betsy E. Rhine, Route 5 Box 690, Hillsborough, N.C. 27278. • • I Joppa Jóppa Oak Homeowners Assoc.,Inc P.O.Bo v 105%f }1 illsborour,h,S.C.27278 090 14- , Orange County Planning Depart- ant .z. .,..: 1C-6 East Margaret Lane $e '-- - Hillsborough , NC 27270 May 16, 1985 . . . - Dear Members of the Planning Department , . The Joppa 0.eks Homeowners' Association wishes to protest the rezoning of Lot 32 on Orange County Tax Map #45 for Hillsb-: -ough . Township . We feel that rezoning of this property from Rural - Residential to Ten Year Transition and Commercial-industrial • --°; Transition Activity Node is ill -advised for several reasons. ec Chandler Concrete Company does not have a Positive record of ,4. concern for the physical environment surrounding their immediate ,... property. They have demonstrated this disregard for nearby property owners by willfully dumping dangerous chemicals and waste in such a manner as to pollute not only their own property but the property of fe other citizens of Orange County. . Environmental impact studies need to be conducted concerning a,n the damage this company may have already done to residential property in the surrounding area. It is important that these tests be le conducted to measure not only the ground and water pollution problems associated with Chandler Concrete Company, Inc . , but also the possiblility of a very real threat- of air pollution and consequent .. breathing disorders to the inhabitants of the surrounding residential -. areas because of the constant dust generated from Chandler's operations. '[ Chandler's operations have increased in scale and activity recently. With these increases have come increases in both noise level and traffic congestion . What is in store for nearby residents ' when this operation expands even more? Has anyone in the Planning . Department been near a large concrete company and seen first hand what - happens to the surrounding areas? Perhaps statements from residents ' of people who live in similar areas need to be taken into . consideration? There are many other ways an indListry of this sort lowers... the general quality of life Of the area in which it is located. For • ' example , Chandler has taken wooded property which was zoned . Residential and stripped it of all trees. No consideration was given to the people who must look at this scalped and dee.olute land. 6 buffer zone of trees would have made the environment at least LOOK more pleasant . - For these and other reasons, The Joppa Oaks Homeowner's Association asks that the Orange County Planning Department deny the rezoning request of Chandler Concrete Company, Inc . Sincerely, r.----- . Lee Ricketts President 1 . Joppa Oaks Homeowner-s' Association , Inc . . v .- 091. ri4 e . , qv- :IS .t; $n . ■ • Orange Cc:un'ty Planning Department , 106 East Margaret Lane • Hillsborough , NC 27278 • May 23, 1985 . . . . • Dear Members of the Planning Department, • , As residents and property owners in Joppa Oaks we wish to protest the rezoning of the new Chandler Concrete Company prop--,rty from Rural Residential to Ten Year Transition and Commercial -industrial Transition Activity Node . We think that t?, allowing this rezoning to take place is NOT to the benefit of the surrounding community of residential property owners for the following reasons. We feel that Chandler Concrete Company has clearlY i ,, • shown its lack of regard for the safety and welfare of nearbY 3., property owners by carelessly dumping corrosive chemicals and waste products not only on their own property but also on that • of others. For example , in order to dispose of acid wastes Chandler recently polluted several lots in Joppa Oaks as well as a stream which runs through our property. One resident's • lot was literally submerged in muriatic acid i -concrete waste - . for several months before Chandler took corrective action--and only then because of a complaint to the Orange County Health Deartment and the County Manager's Office . It has also been reported to us that this pollution caused a fish kill where the stream empties into a private lake in Byrdville . Has anyone in the Planning Department looked into this matter? Also, we and our neighbors have noticed a good deal of dust coming -from Chandler's operations and floating over Joppa Oaks. (This has become all the more noticeable since the roads in Joppa Oaks have been recently paved. ) i . For these reasons, we feel that the Planning 1 Department should have environmental impact studies conducted concerning this aort of damage by Chandler's latest expansion . Only then do we believe the Department will have the facts upon which to base a rational decision, concerning the industrialization of what has traditionially been a residential area in -Orange County. In the absence of such studies, the' Planning Department would be authorizing a change in the planned development of this area which would almost definitely (giver, Chandler's lack of environmental awareness) have negative consequences for the surrounding communit:e. • . . . _ , ri . . 1 • ,zt 092 Aside from the major complaintsalready mentic.:.:ed, we feel we can look forward in the near future to other v#,Y inconveniences. Chandler's expanded operations and • -,,-i activities would no longer classify as a light industry. We are not protesting against the expansion of a corner drug store or some other small commercial establishment . The con1,-tant roar of the concrete trucks and other heavy machinery 114. wakes us almost every weekday. The general noise level and traffic congestion surrounding Chandler Concrete Company is se, already anything but residential . What else do we have to A .7'. Ns look forward to when this operation expands even more? If any '--- member of the Planning Department or one of the County - :14 Commissioners was a residential neighbor of Chandlery we do0bt ,,- that this rezoning would be likely. W. Specifically, as regards the property Chandler wishes rezoned, we think we have a lair indication of the company',= concern for the well —being and property values of this ^15 neighborhood. Even before any rezoning had been brought up , P the land was stripped of all vegetation and a large pit dug to store environmentally unsafe waste . So this property, which 'A. . is still zoned residential , has been deliberately used as an i industrial waste disposal site . -This action seems highly irregular and perhaps illegal . • t think the public has a right to know who in the Planning DepartMent allowed such de facto rezoning to occur .;.. . BEFORE a public hearing could take place . If this is standard practice , why have a public hearing at all ? Part of the responsibility of the Planning Department is to PLAN , il development for all the citizens of Orange County and not just to cater to a local industry. For these reasons, we would like to ask that the Orange County Planning Department deny the request Of Chandler ,I. Concrete Company. Property values will be lowered; hazardous wastes will be generated; and the neighbors will have to endure the inconveniences listed above if Chandler is allowed ',. . to expand its operations onto residential land. Since we will be unable to attend the public hearing in person , we would appreciate it if the Planning Department would make copies of this letter available to those who do attend. 6.. 4 Sincerely) , - ) if I) ' -- ' /9-,,,^411-114 -1.7,-1-1••-•ALai - • ...- r: pa,,, ..a..63 Go. P02.-10-2.41,3v-ta. - ----i-c A----7—. ,,. h• h.,, ,'7..-1. —.4 • • • . 093 Oran . • /aunty Co:amissioners • cia 'Henning 1:epartment :-:illsborough, N.C. • Dear Sirs: 1 an against lettin:-. Charrner Concrete OvApany expand along old Nt. 10. I have had repeated trouble with their trucks Which, when turning from It. 10 onto N.C. 36, have come onto my pr--:. art • a:jain and again, maLinri: a deep trench in my driveway and obstructing my mailbox. When I spoke to 14.. Chandler about it he said nothing could be done. In desperation we then put bricks and boards with nails in Ihk.cAriveway. After that the trucks didn't coma -- onto ny land again until some time later when someone I didn't see took the bricks and boards away. With more trucks my problem with Chandler Concrete would get worse. Please do not let this happen. Sincerely, Ada Nichols At I) 4 s — , v 0 094 77 the owner of the land directly acrosi 171.-;hway I0 from the 4.34 acres in question. 1::1,7 parents, Jr. and Mrs. 3. 3. Thine, bau:".ht all of this land as part o a larger trait ba_k in 1952, as a sanctuary where the air was • clean and there was some peace and quiet from the traffic and noise of • nearby Durham. It was painful for them to endure the noise and air pollution which Chandler Cement Company brought into this area during their later years, ' but they ware too old and feeble to battle this industrial intrusion so near to their residence.. Now, we three. Lthine children who own the land feel that it is time to stop the further expansion of Chandler Cement Company in our own backyard. As the owner of 40 wooded acres and a sizeable fishing lake within a stone's throw of Chandler's new land, I am particularly sickened by the expansion of this loud and ugly neighbor. I am scared by the operating tactics they have already displayed, by the surreptitious nnnner in which the land was begun to be used for industrial purpo,es while it was clearly zoned residential. I am worried about how their water use and waste dis- posal might be affecting our ground water and I am very glad that my two grandchildren live several miles away from that ominous pit with the sickly green liquid which even as I write this is sitting right out on this land with no protectibe barrier. When I acquired my land last summer I immediately had it registr--,-ed as a N.C. Wildlife lefuge and placed it in a forest management progratt, with the U.S. Forest Service. Both of theae efforts were to help protect and preserve the land to keep it an attractive location for the hone that I plan to build back in the woods overlooking the lake, as well as for possible. Mum.m.mmw • 095 oth2r hor7e sites that I mi'-ht wish to clavalop. If Chandler is allowed this expansion, it would be a personal eisaster for me, and I think' would ruin this land for any high-quality residential use. But in addition to my personal concerns, I think there is a larger issue involved. If the existing land-use plan can be so easily disregarded, I think it is a clearcut negative message being given to present and prospective tax-paying residents of Orange County. While I know that we need to plan for expanded industrial development in Orange County parti- cularly as Highway 40 enters our county, is this the way we want it to come—haphazardly by the backdoor? If so, than Eno Township and Orange. County will not be safe for any of us. In fact, speaking of safety, if any of you have recently driven down the narrow corridor between this land in question and my lake and narrowly missed being bit by one of Chandler's ever-increasing number of big trucks, you will know quite graphically bow unsafe it already is. .464 Sally ithine Feather, Ph.D. 096 ( f F�� Dear County Cbmmi. sioners: I am a -tinst letting Chandler Concrete Company expand on old Rt. 10., I have had repeated trouble with their- trucks which, when turning; from rt, 3.0 onto U.C. 86 have come onto my property again and a4 ain, making a deep trench in my driveway and obstructing my mailbox. When I spoke to i•ir. Chandler about it he said noth ing would be done, In desperation we then put bricks and boarrcis with nails in ray driveway. After that the trucks didn't come onto my land again until some time later when soma one I didn't . see tool: the bricks and boards away. • With more trucks my problem with Chandler Concrete would . get worse. Please do not let this happen. rt Sincerely, iS Ada Nichols • • l• • Mf . 17' .t • 097 tit , ...,' We, the undersine.d, strongly oppose any change in the Land Use Plan c3. T-- which -would allow the industrial expansion of Chandler Concrete Company, — As Orange County residents and voters we take seriously the safety, health and _comfort of our community, We. ask that our elected officials protect our neighborhood by maintaini.ng the residential zoning of the land next to Chandler Concrete Company, - ..a , .,„:„ 72,/ , fit . r ,. e . 74"lfe r , a 0005 ...i. ,----. ,... --- JA A... --... - . :: , ., • • . -. .. ...„, ...... ; f .. fj . fr \Q `Ill.''L s , ..;1.-"N..-est 11 .L 4^Lk 0---7-r s■---. .. 1 A......,-- .r "' . 7rs t. t 1.1 • ,:...s_1 A . (,..I2 Jore4. / I /1 • . ° .: ; - —1-• ••• - : k //,'„, • / , - - ri.,-.... , , , -- ..i.......,.. .., . .. ........... ; . - Jahn. L / ?.....- - 1 „ „.. SL, , ". ii i ' / / i 45-1"1"-6617) t--7- ft4,../1" il ,e)/jk Li ,--t-p% p . 41-4-0-?-1- ki ,, , '.*:+eA • . . -:r -% -....0 /1 CIOIlft.",),.. CRULf•J"---- .. I • I • t I 11-4.1 ./, , /44 (-4,,. ,.....,„ . . . i-. . c .., .1::2-7,,„„?..,,,i.t.„ 7-Vi )'. ).D...7 t. el t ... _______ I -A-1"1-1*- °-' . . - r . . i i 1 • .. --- ' .Z.--Le: ....--t,-...."- cf.7L-1-1.---"- ---/ .---- - . .. r * P.11:1,.,,____,...,"411 j'. . _rv.i.,4:3t:;(;;::.I. . . P,STITION o *****'** ',4e,. the unde.rsizned, strontlly oppose a.ny change in the Land Use Plan which would allow the industrial expansion of Chandler Concrete Company. As Orange County residents and voters we take seriously the safety, health and comfort of our community. We ask. that our elected officials protect '-' our neighborhood by maintaining the residential zoning of the land next to Chandler Concrete Company . . Ci4WcterL " .... - ,, ,.... .. \-- , i 1 1 r s.- ,,,.... 1, /--. , ' • ,...• e.,-,,....I ...z.,, ,...-i.--- / - 7: '..) ".___.;--.. .-,5) - -1 .---- .. s-.--.^-• ..........:2- ' ',....,...:..:..•,`..-..- .6...4.--rt-e-,.....1.--ezx 1 I. .4_,—. r , /1, ,,,,--.• -)_,.....„ - :-..-.!7 ,:. / f...)./.."./...-.....:4,//,...;.,:... . el.:,i 4-(.. :://ii Eite:f t.I A .7 .... ..„-• .4 1? • , 41' 3" - :.. .. i 1 y I-' - *---,-: /; ,• I f ...... S7/ I 0" , . • .../ 4 z( 4 . . ------- , .< - ---"--- , — — TCi( - i (-A1.44):S---) --r)(..■ ' Y - J\J-Ask-) f2_{ ..)-- c ..,,....e(9,),.. 69 D— )7.-111— s8 —cal---,--tot 1-4. 'e-- J—, , — /•, , ,'.! , . . . , -.-,...i. .,:, .....; 1-4;..):).).. i—i— — / i . -, ,y,- ,, .-- ... '1"1"---"-- 099 ****** ELTITION ******** We, the undersigned, strongly oppose any change in the Land Use. Plan 4- which would allow the industrial expansion of Chandler Concrete Ovmpany, As Orange. County residents and voters we take seriously the safety, health and comfort of our community. We ask that our elected officials protect our nei-thborhood by maintaining the residential zoning of the land next to Chandler Concrete Company. • • • • 1.00 ****** TI3N ******** 1 We. tha undersigned, stronzay oppose any change ia the. Land Use Plan which would allow the industrial expansion of Chandler Concrete. Company. "' As Orange County residents and voters we take seriously the safety, health and comfort of our community. Ue ask that our elected officials protect our neighborhood by maintaining the residential zoning of the land next to Chandler Concrete Company. a" 4. "? r sq." A. In /3/ N711 .4 . LA-t 1 1 , 14 1. 7 7 I r.f,f. ry, -`211 fi (- ?-21 „/ • / • 1 ! A7:61-1.-d zi • ORA;14/1 Loe r CZLA-,"2-r-t2 • • 1:. ; • '•.te -," ,•,• 101 l'Vf` 1 We, the undersigned, stron1y oppose any change in the Land Use Plan which would allow- the industrial expansion of Chandler Concrete Company. *- AS Orange County residents and voters we take seriously the safety, health and comfort of our community. v.....- ask that our elected officals protect our neighborhood by maintaining the residential zoning of the land next to Chandler Concrete Company. Y / ... 4lf-44i‘- 4 ii om r -1/Y.1: ---,--) 0..3....... ..--- \:-...,e, 9%,..!---,„ .1 Of 11....0 e ( ,/ ,All A ..:.›./ . 11. PTh, yelt----- 1.44"72-,7" Aa.e.-ire ) -/ 4,- ;:..A.- J.- 7 ileits-c-e- 4,--- — ..." .7 " 61.3"*■. 1,71.,C 714,7a•t5..".?.. 't j I ' ./..pL. v /r _ f eC ccI 2/.. 4,,le , -, I I ..1'.. , ;..t. 102 •-;•- I 4e, the undersigned, strongly any change in the. Land Use Plan •'' ' .... which would allow the industrial expansion of Chandler Concrete. Company. As Orange County residents and voters we take seriously the safety, health , and comfort of our community. Ue ask that our elected officials protect , our neighborhood by maintaining the residential zoning of the land next to Chandler Concrete. Company. - - • • r YOLPIja‹., &? Ak , •,_,Rzice..e/Yza._ , A—, A . 15,4:\+t IA jjOrj &'.■ %,.. 1.. \It It 4 s-•■,/ i ..b..) AA.rib.:_ ‘Sfieui,g12ci ' P ext_cst,,t4 "-J.' 4444n '" VitgliLitg i,I. . - I I • I i . I 4.:,.- 4,,,,, " ' r 103 1 $' ; **w*** PaCITION the unders;gned, stron:ly oppose any change in the Land Use. Plan 41' which would allow the industrial expansion of Chandler C.,ncrete, Company. r-f l' 17 As Orannre County residents and voters we take seriously the. safety,s' .a and comfort of our community. We ask that our elected officials protect - . -', 11 our neighborhood by maintaining the residential zoning of the land next 1 ' r to Chandler Concrete. Company. . • r--- X--) ./c--- . .(_1 t... ..,"-C „ ..,....::57 ,... „ Afm... /-1 d7n .... --/ iipp,4 4_ ...„-- & ,.... . / ..v. ..-- .- • - .” - J 42 6,..„7 - , Q / , 2.. .., . 2 ,.......„. 4 ._....) . . ..,......4-,c1...p 47 /rcin k ) I-1V . .1" 1/714-13'• ,>ZP.a.4...-hi I , :.--/Pr-P-...." r) u ok0-1--;) safa-e-ly- „.._7_,. /t.„e„..- e , ( ( .----,) g-------?...-c-7.-de-e---7,-- „, h.i....c.4...- I PZi 6, i. 0 . _ . . .., 10• 4 0 4 ***** PETITIO ***, the In.f.ersirrned, stronTly oppose any Chr_lve in t Lent: Use Pla... , • which would alloy the itulustrial expansion of Chandler Concrete Company. • 41.s Ovan.7,e County residents and voters w take seriously the safety, health and comfort of our community. '.-ie ask that our elected officials protect out neighborhood by macntahning the residential zonim of the land next to Chandler Concrete Company. • 1/16111."1/ 4.0P dir ; • . X 2-- - ii•-er.4.----....,—, , .. • - , 3,101a, - 1 AULI Ail / e b e: , .--- ....._ Acolva F, Ihvt,t i . 2th4120-- 41(06 : ■ /50/1/LX4f arteA 09 p'-') . rae>4.- A./2 re•LV. „z,-;4 ....., /,_ It . liz ,.../„.,.., ..,. . ....„„. - ..- t--' il • I 1 - ! ‘,.......)f....Vit•-,t."....../... ......,__.• ....,L,,.., ._.....,_, . ....., ..... i 7,-,..,-, ..1...--1.„, • o(;::,...,,,,r.t_ . . awl ■ I • 0 /./9 ( 21,1‘,...f.: CI* d * ' •s %/Pi / .” Q .......v.)„,fr. c • •••••• / ..Z. 2 .2.--€-T—C-z_ ..--- c....."1 6-a..r...L.L2,....e v1::, L .- -.....-.1 P. H. CRAIG 'I .• [ 1 _. 02= _t_ - • -.,..Ic-s REAL ESTATE ASSOCIATES 4. P.0.1am 553 105 CHAPEL HILL, NORTH CAROLINA 27514 ::-.".X, •^0'..."^t.. (919) 942-7234 REALTOR' RESIDENTIAL SALES, NEW CONSTRUCTION, INVESTMENTS& APPRAISALS 28 Hay, 1985 • , From: P. H. Craig, Appraiser To: Dr. J. B. Rhine heirs Subj: Appraisal damages, as a result of prospective rezoning of cer- tain tract across S. R. 1710 now zoned Residential, to Commercial • Industiial. Conc: As a result of Industrial use and or rezoning on the identified • tract on South side of S. R. 1710, the decrease, in value of the Residential zoned property of J. B. Rhine heirs will amount to $30,000.00 Notes: Tract under consideration is identified as amendment. LUP-2-85 Chandler Concrete Co. Inc. saith approximately 720 front feet directing facing the 1200 ft of road frontage belonging to 0", B. Rhine heirs. 1. the particular topography and lake frontage exposes almost the entire tract to the view of the Chandler addition. 2. the home place itself directly faces the area stripped entirely of all top soil. • 3. because of lake little if any effective screening can be made to prospective home sites even across the lake from the Chandler addition. _ 4. almost the entire area is zoned residential. 5. all frontage on S. R. 1710 will be adversely effected by the commercial-industrial, use and or rezoning. 6. The economic impact will decrease the value of the above 46 acre tract by at least $S30,000.00 peo. Craig, i 9 • , appraiser 1 • P. H. CRAIG REAL ESTATE ASSOCIATES 1 • P.Co BOX 553 CHAPEL HILL, NORTH CAROLINA 27514 REALTOR': (919)942-7234 RESIDENTIAL SALES,NEW CONSTRUCTION, INVESTMENTS&APPRAISALS aanuary 1984 APPRAISAL QUALIFICATIONS Graduate of UNC 1959 BS Industrial Relations Graduate work in School of Business Admin'UNC 1961-63 Graduate work in UNC School of Law 1963-65 Licensed Real Estate Broker since 1962 GRI (Graduate Realtors Institute) UNC 1969 Salesman and Sales Manager Foushee Realty 1965-71 Certified Real Estate Appraiser, Nat. Assoc Real Estate Appr. 71 . GSA (Gov. Serv. Admin) Roster of available appraisers 1971 Appraiser for Dept of HUD Federal Housing Admin (FHA) 1970 Appraiser, Compliance Inspector Veterans Admin 1971-84 FHLMC approved NCNB 1972 Owner P. H. Craig Real Estate since 1971 • Chapel Hill Board of Realtors VP 1979; President 80-81 Director, N. C. Assoc of Realtors 1980-82; Community Development Chairman for N. C. 1982 Licensed N. C. General Contractor 411146 member Durham-Chapel Hill Homebuilders Assoc. member RNMI (Realtors National Marketing Institute) qualified Expert Witness in Real Estate Appraising in Orange Durham and Alamance courts and NC Board of Tax Appeal; Appraised for IRS casualty losses, estates, Realtors, Attorneys Bank Appraisals: NCNB, CCB Northwestern, Wachovia, First Union, First Citizens, Builders Federal S&L, Cameron Brown, Stockton White, First - Federal Savings Mebane, Lomas and Nettleton, Gulf State Mtge, Allstate, Great Century, Bankers Life, First Atlantic • Appraised for Chapel Hill School Board, Chapel Hill- Town Council, Orange Co. Commissioners, Orange Co. Tax Superisor, Shefiff, Town of Chapel Hill, Town Attorney, Town of Carrboro, Chapel Hill Redevelop- ment Commission, OWAS Authority, UNC Other clients Eli Lilly, General Electric, Western Electric, Honeguity, Honerica, Record Data, Commercial Credit, Barclay America Weyerhaeuse7- FNMA clients: NCNB, Record Data, Beneficial Finance, Northwestern Mtge corp. , Commercial Credit P. H. Craig / * ALAI • 107- mums ORANGE MONTY MUD OF comissicuERs • JOINT PUBLIC HEARING MAY 28, 1985 The Orange County Board of Ccmadssioners Het in joint session with the • Orange County Planning Board for the purpose of a Joint Public Hearing on May • 28, 1985 at 7:30 P.M. in the Superior Courtroom, Hillsborough, North Carolina. • COMMISSIONERS• PRESENT: Chair Don Willhoit, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. PLANNING BOARD MEMBERS PRESENT: Chair Alice Gordon and members Chris Best, Valerie Greenberg, Peter Kramer, Betty Margison, Frank Pearson, Sharlene Pilkey, David Shanklin, Carl Walters, and Steve Yuhasz. • STAFF PRESENT County Manager Kenneth R. Thompson, Director of Planning Marvin Collins, Planners Susan Smith and Gene Bell, Director of Economic Development Sylvia Price, Planning Secretary Joanna Bradshaw and Clerk to the Board Beverly A. Blythe. • 1, LUP-2--85 Chandler Concrete Company, Inc. (Rural Residential to Ten Year Transition and Commercial-Industrial Transition Activity Node.) Presentation was made by Gene Bell. This request by Chandler Concrete Company, Inc. is for an amendment to the secondary Land Use Plan (LUP) for a 4.34 acre tract of land on the south side of Old NC 10 (SR 1710) about 112 mile from the intersection of new W 86 referenced as Tax Map 45, Lot 32 in Hillsborough Tbwnship. It is currently classified Rural Residential with R-1 zoning. Mr. Chandler is requesting the designation of Ten Year Transition and • Commercial Industrial Transition Mae. The tract is adjacent to a 1.47 acre • tract of lard which contains Chandler's existing ready-mix concrete operation and is zoned 1-3. Chronology of main events to this request were listed as follows: CHANDLER C(MRETE LAND USE HAN AMETTMETZT (LUP-2-85) • 10-3-84 Chandler Concrete merged undeveloped 4.34 acre tract to 1.47 acre tract containing their concrete plant. 1-7-85 Orange County Health Department and N.C. Division of Environ- mental Management (DJ ) officials visited Chandler's new tract in response to citizen complaints about wastewater runoff. 108 • 2 1-10-85 Mr. J. C. Tuttle of Chandler Concrete was advised by a letter from DEM that they (Chandler Concrete) were illegally discharging wastewater and that a permit was required. DEM requested written plans by 2-1-85 for management of wastewater either by recycling on site or treating and discharging. 1-17-85 Amaication forms were sent to Chandler by DE}I for discharge and on sibamanagement of wastewater. 1-30-85 Chandler responded to DEM and indicated intent to comply with DEN requirements. 2-8-85 Major transportation corridor ofiln site plan was submitted to Orange County Planning Department- 2-13-85 Chandler received a permit from the Orange County Sedimentation & Erosion Control Division to clear and grade new site. In con- junction with clearing and grading site, two retention ponds were constructed. Chandler planned to recycle water from lower pond back through concrete plant by use of pumps. This was an option suggested by DEN but Chandler did not obtain required state permits. 2-14-85 MIC site plan approval was issued by the Planning Department in conjunction with grading and clearing activities permitted by Sedimentation and Erosion Control Division. 3-25-85 A citizen's complaint was received by the Orange County Planning Department concerning Chandler's use of new tract for washing • and parking concrete trucks. 4-9-85 Chandler officials met with the Planning Department and were advised that their use of the new tract was non-conforming since the use was an extension of their existing 1-3 operation and the new site was zoned R-1. Washing and parking trucks and run-off retention were both non-conforming uses. They were advised to apply for a Land Use Plan amendment and, if successful, • 109 rezoning. They were warned against further use of the property • until it was brought into compliance with zoning ordinance. 4-17-85 Application for amendment of Land Use Plan received from Chandler. -5-8-85 Chandler Concrete was notified by attorney for Dr. Sally Feather and Ms. Betsy Rhine of pending legal action if non-conforming uses not terminated. . . 5-16-85 Complaint filed with Orange County Planning Department by attorney for Dr. Sally Feather and Ms. Betsy Rhine. 5-17-85 Chandler barricaded new driveway connecting site to Old NC 10 and ceased non-conforming use of property. 5-20-85 Planning Department net with DEM to discuss project history, options, enforcement action, etc., and to conduct site visit. 5-20-85 Chandler was formally notified V by the Orange County Planning Department that all non-conforming uses of the 4.34 acre tract must cease immediately until such time as properly zoned. * This reflects pain events and does not include all correspondence or tele- phone V calls regarding Chandler Concrete, State Agencies and opponents to the rezoning request. Bell stated that as of May 20, 1985 DEM still had not received necessary application materials from Chandler. DEN also noted that they had not advised Chandler to go off site with the retention facilities; in fact, they Vhad suggested they use the western portion of their tract which was being used to store concrete barricades at the tire. The procedures for amending the LUP states three reasons for which the LUP maybe amended. These are: Cl) because of changed or changing conditions in a particular area or areas of the County; (2) to correct an error or omission in the Plan; (3) in response to a change in land use policy. In response to the first test, Staff contends that this area haS been undergoing changes and that the Central Orange Area Study adopted in November 1983 adequately addressed these changes. • 11.0 4 In response to the second; staff maintains that no errors or omissions regarding the Chandler property were made in the Central Orange Area Study. In response to the third test, there has been no change in land use policy that would justify an amendment. Applying the Locational Criteria contained in Section 3.4 of the IIJP, staff finds that the site meets all requirements of Rural Residential except. Energy Use which states it Rural Residential areas should be at least five minutes commuting tine from an activity node. This site is closer than five minutes. With regard to the Locational Criteria for Ten Year Transition, staff finds it does not meet the test for Public Service/Utilities which states:* Located in areas which are or could be reasonably and efficiently served by centralized public services and utilities. There are Town of HilLsbomigh • water lines which serve surrounding properties. However, these lines suffer from flow and pressure limitations. Providing sewer to the area would be costly because of topographic limitations which would require the use of pump stations. Locational Criteron for Transportation System states: Located in areas that have very good road access, as well as • service by rail lines. These areas should have the nost complete transportation network in the County's planning jurisdiction. • This site does have direct access to rail lines in that the western boundary of the property is Southern Railway. However, the road system is somewhat limiting. Frontage is on Old NC 10 (SR 1710) which is classified as a collector. The Locational Criteron for Existing Land Use states: • Located in areas which are in transition from rural or low density uses to urban or higher density uses. Staff contends that the tract in question is located adjacent to such areas, but not in them. The final Locational Criteron for Ten Year Transition is Population Density, which states: • Located in areas with moderate to high population densities. Once again, staff contends that the tract in question is located adjacent to such an area but not in one. The Locational Criteria for a Commercial Industrial Transition Node are basically the sere as those for Ten Year Transition except the Existing Tara Use criteria states: ' • 1 1 i 5 located within identified Ten or Twenty Year Transition Areas, which = the site currently is not. The Planning Department recommends denial of the request. The tract was properly classified in the Central Orange Area Study. Their opinion is that the area delineated by 1-85 to the north, Orange Mobile Bore Park to the west, and "If Southern Railway to the south is correctly classified as Rural Residential per the Locational Criteria previously enumerated. Bell further noted that staff recieved many letters of opposition on this amendment request. Copies of these letters were included in agenda packets or distributed at the meeting tonight. Most of the opposition has come from surrounding property owners. Orange County Health Department and Town of Hillsborough Planning Board have also expressed opposition. Tom Chandler, President of Chandler Concrete Company, made the following presentation: His operation has been in Hillsborough since 1972. At that tine, other surrounding businesses and mobile home parks were not in the area.. Be was contacted in August of 1984 about the availability of land adjoining his tract. He noted that he was led to believe that the property was already in the Land Use Plan as cormercial property. Nothing was done with the property until January 1985. At this time, representatives of DEM visited the site and informed Mr. Chandler that they had received a report that acid was being used and present in the runoff from this property. DEM did find high acidity levels and from that point on, Chandler was told to take steps to control, the flow of the water that was coming from the washing out of the trucks. Chandler asked for assistance from DEM and forms were sent to apply for permits. These • permits have been filed with Dal in Raleigh. A permit was issued by Soil and Erosion for grading and clearing of land and a firm was hired to do this grading, slope the land and put in the ponds. At the time Chandler was notified that the property could not be used for the purpose of parking the vehicles, so parking was stopped. Mr. Chandler continued that when he put the grading plan into effect, a gravel drive was constructed that comes out onto SR 1710. This drive would give much better visibility and safer access due to the fact that the current exit is in a curve. This new entrance has been blocked and is not being used in accordance with ruling by the Planning Department. Chandler felt justified in applying for the amendment to the LUP by several factors as follows: The criteria given to him when he first talked to Planning Department Members indicated justification for asking for the amendment because: 1. 112 there was adjoining land and the company would not be expanding the,use more than 10 acres; 2. company has been in area or 13 years, belonging to the • Chamber of Coerce and felt that they have been good corporate citizens in • their support of area projects such as school projects and United Way, 3. Company has 18 employees and 15 ready-mix trucks; which have brought payroll taxes and sales tax and property tax into Orange County. • Mx. Chandler continued by addresing the runoff problem. #e explained that the concrete remover used to clean the trucks does contain muriatic acid but • when mixed with concrete dust will be neutralized. If he is allowed to continue to use the ponds on the property he can set up the reclaiming system he needs to separate the sand and stone from the slurry. The lime would then settle out and could be used for application to agricultural lands. Gordon• inquired if Mr. Chandler would like to address the Locational Criteria as referred to by Bell. Chandler responded that he felt the land was well suited to the Year Transition plan, there was water to the property, it is not in the 100-year floodplain, the land slopes are no problem, it has good access both by road and railroad, is only a few minutes from center of Hillsborough, it is no threat to plants or animals, with no bad effect on forestry or agriculture and it is already in the transition area between urban and rural areas. Gordon inquired about changing conditions. Bell explained this step again. Chandler's response to this was the changes were commercial as the mini-warehouses and a convenience store have core into being since Chandler Concrete Plant was put into effect. Harry Harkins, attorney representing Dr. Sally Feather and Ms. Betsy Rhine, spoke in opposition stating that his clients felt that this request went to the very essence of why Orange County needs the Land Use Plan. It would destroy the buffer zone between the concrete plant and the residential area. Parkins noted that Chandler did not acquire this lard from the Rhine heirs. The property was sold to a real estate agent who later sold it to Chandler • Concrete. The Rhine heirs would never have sold this property for comnercial use. • Laura Feather, daughter of Dr. SPoly Feather, then read a letter (a. copy • of the descriptive narrative is in the permanent agenda file in the office of the Clerk to the Board) from Dr. Sally Feather in opposition of the amendment to the LOP. Ms. Feather continued, speaking in her own behalf. She felt the concrete company had shown a lack of regard for the well-being of the residents in the _ 113 7 area. She continued that she felt it had been misused as an industrial waste disposal site and that it did jeopardize comfort, health and safety of the neighbors. She also expressed concerns with traffic safety given the number and size of vehicles and the narrow road. The concern for screening and buffer area was again expressed. Betsy Rhine, whose home is directly across the road from Chandler Concrete Co., then spoke. She stated that from her driveway she could view the entire project. She noted the lack of trees and stated that this helped to magnify the noise from the project. She stated that last sumer the property was • divided among the heirs and her brother went to Apple Creek Realty to talk to Mr. James Rae Freeland about the possibility of selling his property and Mr. Freeland assured hie' n that the zoning would remain Residential-1. Her brother, with this reassurance, sold the land to James Freeland in.late August of 1984. In early March 1985, she noted the property was completely cleared and stripped • of all vegetation and it was evident that Chandler Concrete was expanding its operation. Ms. Rhine noted that she then contacted the Planning Department. She indicated it was two weeks before work was stopped on the site. She continued that the applicant had continued to use the land for cleaning the concrete trucks and emptying out into the pits. A petition was circulated among residents and she noted that almost everyone had complaints. She cited a. letter from Ada Nichols expressing concern over the destruction of her driveway by the trucks. Gordon reminded citizens at this point, that- this was only a request for a LOP amendment. If the amendment was inplerented, then a request for rezoning would cone forth. A real estate appraiser from Chapel Bill, R. EL Craig, was retained by the Rhines and he presented the following findings: He referenced naps regarding potential hemesites and noted that they would look straight across to the pits and the lake precludes effective screening; all topsoil has been stripped and pits are easily visible. All frontages on SR 1710 will be adversly effected by the use or rezoning. Be felt the whole 46 acres would suffer about $30,000 damage. M. C. Allison, a resident in Strayhorn Hills since 1978, spoke for residents of his immediate neighborhood. Be noted damage done to vehicles due to rocks being thrown by concrete trucks. There were places where the cement had been emptied on the side of the road. Hillard Cates, resident of Byrdsville for 12 years, expressed concern with traffic problems, debris and concrete spillage on sides of the road and near stop sign. 2. Z-7-85 GEORGE HORIth REZONING errmn ow. re ... t 7i8r P • B. tolioultS -, s - . 13 l'•• Seconded by Pearson . "k • , At VOTE: Unanimous . , , r, AGENDA ITEM #6 : MATTERS PRESENTED AT PUBLIC HEARING — MAY 28, 1985 ei (PLANNING BOARD RECOMMENDATION) . r.1 t`.. a . Chandler Concrete — LUP Amendment Presentation by Belt. This agenda item is to consider a proposed secondary .t; amendment to the Land Use Plan submitted to public ..4„. hearing on May 28, 1985 for recommendation to the 4 . si Board of Commissioners. Chandler Concrete has requested a secondary amendment t.t:1 .4, to the Land Use Plan for a recently merged portion of cir * Lot #32, Tax Map 45, located in Hillsborough It Township . This request is being amended to include an area of 1 .41 acres rather that 4.34 acres as originally requested . it The proposed amendment would change the Land Use Plan f designation of the property from Rural Residential to ,e. Ten Year Transition/Commercial—Industrial Transition Activity Node making it compatible for commercial or industrial rezoning . t The Planning Staff recommends approval of the request 4,- provided that a smaller area of the lot in question is designated . Staff recommends that the proposed lot Line be moved to the northwest approximately 120 , • feet, reducing the area for redesignation from 1 .41 v, acres to 0.86 acres . ' ,i It: Gordon emphasized to the Board the change in the Is original request and noted Staff's recommendation for ,i 7 - 0.86 acres instead of 1 .41 acres . . i Gordon continued that she had talked with County • Attorney Genf Gledhill and he responded that after Listening to comments, if the Board decided new and important information had been presented, it could recommend to the Board of Commissioners that a new public hearing be held, or a recommendation could be sent forward from this meeting for Commissioner 's action . ., Bell continued. t 115 4 .. . • 14 Between the May 26 Public Hearing and June 17 Planning Board meeting, Mr. Chandler approached the Planning Staff and inquired as to what he could do to improve the chances for approval of his LOP amendment . He was advised to submit an amended plan wherein he would request just enough area to encompass the containment ponds . It was felt that this suggestion would focus on the immediate problem at hand, that being the legal containment and re—use of run—off and wash water (from the Chandler site) . It would also remove from consideration several associated problems identified with the original request at the public hearing. One of these was the second access point to NC 10. Another was the fear of area residents that if the original submittal was approved and rezoning took • place Chandler would eventually expand this operation to cover the whole site. The revised plan submitted by Mr. Chandler shows the line as suggested by his engineers and the line that Planning Staff recommends. The area recommended by Staff contains .88 acres . This breaks down as follows: .19 acres — Old NC 10 right—of—way, .23 acres — Southern Railroad right—of— way, .44 acres — remainder. Bell continued that if the .86 acre area were rezoned and used, screening and Landscaping requirements would - remove another .10 acre from consideration Leaving .34 acre available for use. Bell noted that Staff looks upon this as an amendment to correct a public health hazard rather than an amendment to complement any expansion plans Chandler Concrete may have . • Mr. T. E. Chandler, President of Chandler Concrete Co . , Inc . , then spoke. He addressed the questions presented by Ms . Rhine (Copy on page .2/ of these minutes) . He indicated that DEN criteria called for recycling of wastewater via facilities strategically located on the site. In response to question #2, he indicated that he had redesigned the concrete pad to • 116 • 15 • accommodate the new Larger trucks on the property presently zoned for industrial use and at the same time re—directed the flow of runoff away from NC 10 to the back of the property. In response to question #3, he indicated that the, ponds were needed to . satisfy DEM and to provide for a recycling parocess in the manufacturing operation . Gordon inquired if the permit from DEM had been • granted . Chandler responded he had applied for the permit but it had not yet been granted . Until the pumps are installed, the permit will not be granted. This permit was applied for in April . Pilkey inquired about the number of trucks end Chandler responded there 15 trucks. She continued asking how much water was used each day cleaning out the trucks. Chandler responded 200 gallons per truck each day. Pilkey continued inquiring about the higher trucks requiring a lower loading area. Chandler responded that instead of raising the concrete plant , the basin was Lowered as the new trucks are higher and require more clearance . P1 [key asked if Mr. Chandler had talked with the railroad personnel and he responded that his attorney, firm of Vernon , Vernon , Wooten , Brown and Andrews of Burlington , had been in contact with railroad authorities and they had neither approved nor rejected the ponds that are in railroad right—of way. Pearson inquired of Mr. Chandler if the space that staff recommended would be sufficient for his needs rather than the space he had requested. Chandler responded that there would be only .64 acres for use and the rest is in the right—or—way. Best inquired where the trucks were being washed. Chandler responded that most were being washed in Durham, but this was costly. At times the trucks are washed into one truck which then goes to Durham. Best continued asking how many gallons the basins hold. Fritz Brunsen of . John McAdams Company noted • they were designed to run in 15 day cycles for each basin . He continued explaining that if a basin gets full the solids would have to be hauled away. With the pump , the 30 day capacity would not be exceeded and the water would be recycled . Best continued by asking if the purpose of recycling was to save on water bills . Chandler responded no ; it was to • control runoff per DEM . 117 16 Best inquired of Mr. Chandler if GEM recommended the west side of the property. Chandler responded that he understood if a "reclaiming facility" was put in the west side could be used. He noted he was told that the most feasible plan now would be the basins with the recyclying pumps . Gordon inquired what is a "reclaiming facility" and Chandler referred to a drawing of the piece of equipmment and explained that process . Gordon asked why this was not installed and if it was expensive. Chandler responded yes and that he was told he had to catch the water as soon as possible. The reclaiming facility wilt be the system he eventually has . Gordon asked where it would be put. Chandler stated that an engineer would need to determmine the placement. This would require a separate application and permit from OEM and if he is granted the permit for the ponds then he will work on the permit for the reclaiming facility. Chandler continued noting that 2.94 acres had been Left as buffer to the east . He noted that his facility was at this Location Long before the other businesses and trailer park. Kizer inquired what was the average residue of cement at the end of the day per truck. Chandler responded it was hard to tell . Kizer also asked what was the half Life for filling up the ponds . Brunsen responded this was not really accurate criteria . It can be removed with backhoes if necessary. Kizer continued, asking what the sodium hydroxide content was . Chandler responded he did not know. When asked how often the trucks were washed out with hydrochloric acid . The response was once a week and less than 1 gallon per truck was used . There has been no cleaning on this site since April. Kizer continued asking what Chandler was going to use the property for and Chandler responded just the cleaning of the trucks. Kizer asked what the turning radius was for the trucks and the answer was 70' for a 31 ' truck. Best inquired if the trucks backed up to the ponds. • Chandler responded that the trucks pull or back under the plant , two hundred gallons of water is pumped into the truck and it backs to the pond and discharges into the pond from the top . With the pumps, this water • 118 17 could be recycled for cleaning the trucks. He also noted that he has both wells and city water. Kramer inquired the intention for use of the remaining acreage and Chandler repsonded he has no plans at this time. Best inquired if the second access could be used if the property is not rezoned. Smith responded no . Best felt it would be safer to use this second access . Chandler noted that NC DOT had suggested the second entrance. PiLkey inquired about problems incurred at other sites from cleaning out the trucks and Chandler responded he had not had trouble anywhere else. He explained how the dumping was handled in other areas and noted this • was the only place he had had to put in holding ponds . Ms. Betsy Rhine spoke. • She noted that Mr. Chandler had stated he did not know who made the original complaint and she stated the original complaint came from residents of Joppa Oaks. She noted that there was now a ditch that overflows into the pond thereby making it more suitable. She continued that the upper area where the barriers are now stored was raised, otherwise it could have caught the runoff. Commenting on a buffer, she indicated there was only a thin row of trees screening her property from the plant and that her property value would be affected. She addressed the comment about a second entrance noting that three driveways currently exist and that the westernmost appears the safest but is never used and is blocked by stored concrete barriers . Gordon noted that Ms. Rhine's question referenced as #1 still remains. She cited page 83 of the drafts minutes and reviewed Bell 's comments. Bell responded that the main issue was reduction in area and noted that this section was contiguous to the existing node and unsuitable for other use. Gordon clarified that the applicant was omitting future but retaining near future use areas in his request . She asked if this shrinking affected the staff's public hearing comments. • 119 . 18 Pearson noted staff agreed with the changing conditions in the area which would warrant a rezoning . Gordon questioned the information staff was utilizing . Chandler noted that tots of information at the public hearing was incorrect citing for example DEM Letter of May 20, 1985 regarding an application for permit. Kizer asked what Rhine viewed as a favorable outcome to this situation . Rhine responded she would Like to see utilization of the originally identified DEM site adding this would be adequate. Kizer asked if the site identified by DEM is closer or farther from Rhine. Rhine responded it was farther and closer to a commercial versus residential area . Kizer asked Chandler what he viewed a favorable outcome to be to this situation . Chandler responded he must control the runoff, noting that the Land sloped in this direction prior to this situation . Kizer asked if he disagreed on the pits Location . Chandler responded that the DEM site was identified for use with a collection device. He continued that the reclaiming system could go on a different parcel . Walters asked if Chandler could be required to put a buffer on the new parcel to be rezoned and on the parcel already zoned. He continued asking how much Chandler needed and how much area the county needed for compliance with the ordinance. Pearson asked what the buffer requirements are . Smith reviewed the buffer requirements for use of the property if rezoned. She noted that screening would be required between the two zoning districts on the Chandler owned property and along the frontage of the newly zoned parcel . Pearson suggested that this would be an improvement to that which existed previously. Gordon reviewed the evidence given by the appraiser at the public hearing regarding the damage to the property value when the plant was installed . Pearson responded that he disagreed with the appraiser's testimony regarding the pits adding that screening would enhance the property . He continued that the Rhine house had Looked at the plant previous to this . 120 • 9 PiLkey asked what the DEM requirement was. Chandler responded that DEM had identified a site for a reclaiming facility to the west of the plant and had reviewed the pond sites to the east. Kizer asked if the ponds are presently located where DEM wanted them to be Chandler responded that DEM identified the area, that he had installed the pits and that DEM had been informed of their installation . Gordon asked if the ponds were where DEM had suggested. Chandler responded they were in the vicinity. Pilkey asked if DEM knew they were in the railroad right—of—way. Chandler responded no , the Location was unclear at the time of DEM comment . He added that there was runoff before disturbance . Rhine indicated that DEM had not specified that the ponds go where they were installed according to a conversation her niece had had with DEM. The directive was to install facilities on the western part of the property . She noted that previously there was less noise and less of a view. She added that a stream flows to Byrdsville but that the dumping flows to Joppa Oaks . Barbara Page of the Town of Hillsborough inquired about the dropping of cement onto the highway. Chandler responded that he had instructed the managers to clean up any spills immediately . Chandler cited the March 13, 1985 letter from Fritz Brunson of Philip Post and Associates regarding Carolyn McCaskill of DEM comments regarding the reclaiming facility noting that the time to make application and submit the drawing was when he was ready to install the reclaiming facility. Chandler noted that the Erosion Control Plan showing the ponds had been submitted and approved. Gordon stated that new information was available and that it could be recommended to the Board of Commissioners to go again to public hearing . Best inquired what the new information was . Gordon responded the whole issue of DEM regarding west side versus east side and runoff. Pearson noted that the west side is the whole side nearest the railroad. t 20 Gordon asked what the basis was for the change in the staff recommendation . She asked what the DEM position was and noted ambiguities in the information and new information presented this evening . Pearson asked what new information had been submitted. Gordon raised the question if the information heard this evening substantially changed the Board 's opinions and reviewed the options for Board action : (1 ) approve, (2) deny, and (3) request a new public hearing . PiLkey asked if DEM should be invited to attend . • Kramer thought no new information would Likely be submitted at a new public hearing. PiLkey asked if a comment from the railroad company could be obtained. MOTION: Pearson moved to approve the Land Use Plan amendment for 1 .41 acres . Kizer seconded the motion . Kizer noted that .3 acres would be just enough space to turn a truck around . Pearson indicated that the applicant ' s request would provide 120 ' more buffer down Old NC 10 than the staff proposal. VOTE: In favor: Kramer, Kizer, Pearson Opposed: Best, Gordon , Pilkey, Walters Chandler indicated he was trying to work between two agencies and it has been very difficult . Gordon asked that the minutes reflect a notation to the Board of Commissioners reflecting the omission of important information from the public hearing that we used in our consideration tonight . Gordon reminded the Board of a special meeting on July 23, 1985 with the Town of Chapel Hill on Joint Planning . Meeting adjourned at 10:30 p .m . 122 QUESTIONS CONCERNING CHANDLER CONCRETE COMPANY 1. The basic issues are still the same about the land in question, so why has the Planning Department changed its recommendation? 2. Since this issue began, Chandler Concrete has rearranged • and raised the land surface so their original land which had been recommended by the DEM for the holding basins has now been made less desirable for that purpose. In addition, since the Public Hearing they have lowered the surface of the land in question around the basins to make them more useable. Was the Planning Department aware cf these actions by Chandler Concrete when they changed their recommendations? 3. A final question concerns the overflow of the basins to the stream below. (Yesterday evening we saw that the upper basin just east of the plant had been overflowing into the second basin and that one had been overflowing out the far back corner and running down to the stream that flows to the southeast. This second basin was still almost full at that time. ) This morning we noti- fied 1:r. Jerry Robinson of the Health Department of this fact. Are these basins really safe?? Betsy Rhine Sally Rhine Peathle/ Robert E. Rhine 7/15/85 PVISMININVINIMIP ERDMArs , BOGGS AND HARKINS , ATTORNEYS AT LAW BOLIN CREEK CENTER,SUITE 104—A 730 AIRPORT ROAD POST OFFICE Box 427 CHAPEL HILL,NORTH CAROLINA 27514 DAVID W.ERDMAN 9I9-929-0375 CHARLOTTE OFFICE DAVID C.BOGGS 704-372-7664 HARRY H.HARAINS,JR. KEVIN L.BARNETT July 31, 1985 Honorable Donald Willhoit Chair, Orange County Commission 203 Lexington Road Chapel Hill, NC 27514 , Dear Don: As you may recall, we represent Betsy Rhine, Bob Rhine and Dr. Sally Feather who own property across from the Chandler Concrete Company plant on Old N.C. 10 near Hillsborough. Our clients are opposing Chandler's request to change the Land Use Plan to permit expansion of its commercial activity (LUP-2-85) . We spoke against the proposed change at the May 28 public hearing, and the Planning Board has recommended against the change. It is on your agenda for next Monday night. We wanted to express our concern over a couple of post-hearing developments. It is our feeling that the quarterly public hearing is the appropriate forum for all interested parties to state their contentions. Then, the Planning Board and Board of Commissioners should make their decision based on the record developed at the hearing. In this case, after the public hearing, Chandler has apparently scaled down its request that 4.34 acres be changed - to 1.14 acres. The staff recommended to the Planning Board . that 0.86 acres be changed. We have had no opportunity to • make a formal presentation to the joint Boards on either new proposal. Although my clients were allowed to speak at the Planning Board meeting, this seems an unnecessarily chaotic ' way of proceeding. If Chandler wishes to amend or change its proposal after the public hearing, their new proposal should be open to public debate and comment at another hearing. We do not believe it is good policy for an applicant to be allowed to sneak in a new proposal without an opportunity for comment from all interested parties. . In any event, we wanted you to know that our clients oppose any change in the Land Use Plan for any of the Chandler property. I will not burden you with repeaTifig any of our contentions made at the public hearing. However, in light of Chandler's "new" proposal, a couple of points need to be stressed. ERDMAN, BOGGS AND liARKINS ATI OR N EY5 AT LAW BOON CREEK CENTER,SUITE I04-A 730 AIRPORT ROAD POST OFFICE Box 427 • CHAPEL HILL,NORTH CAROLINA 27514 DAVID W.ERDMAN 919-929-0375 CHARLOTTE OFFICE DAVID C.BOGGS 704-372-7664 HARRY H.HARKINS,JR. KEVIN L.BARNETT Honorable Donald Willhoit July 31, 1985 Page 2 First, we still have strong concerns about the health and environmental effects of. Chandler's current operation. They have produced no proof that their operation complies with state regulations; in fact, our investigation indicates the contrary. Neighbors continue to complain about the runoff and uses of the pits. We have seen no evidence that their current or proposed use of the property has received state approval. Considering the health factors and the numerous complaints you heard at the hearing about gravel and traffic problems, we deny that Chandler is a good neighbor or corporate citizen. Second, we have seen no evidence that Chandler has received approval from Southern Railway to operate within its right of way. Mr. Chandler merely said at the hearing that his lawyers were "talking"to the railroad. • Finally and most important, we believe that it is totally inappropriate to change the county's Land Use Plan merely to accommodate Chandler's desire to expand its plant. The Land Use Plan is a fundamental document which should only be changed for compelling reasons. We believe Chandler has failed to carry any of its burden to demonstrate why a change should be approved. Chandler should have cheCked on the zoning before it acquired the property. To grant its request would only reward its negligence and its demonstrated disregard for its neighbors. On behalf of the 124 neighbors who petitioned you againSt the change, and our clients, we earnestly urge you to vote against any change in the Land Use Plan for this property. With best wishes always, we remain, Sincerely yours, • Harry H. Harkins, Jr. 000176 MINUTES ORANGE DNT! BOARD OF COMM/SSIONERS REGULARMEETIM AUGUST 5, 1985 The Orange County Board of Commissioners met in regular session on Monday, August 5, 1985, 7:30 p.m. in the Conmissioners' Room in the Orange County Courthouse, Hillsborough, North Carolina. CORMEMEE2gatEn. Chair Don Willhoit, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd, and Norman Walker. ATTORNEY PREsENT: Geoffrey Gledhill. Lamr PRESENT: Assistant County Managers Albert Kittrell and William T. • Laws, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Data Processing Manager Keith Brooks, Recruitment and EEO Specialist Vanessa Bryan, Director of Planning Marvin Collins, Personnel Analyst Darlene Parrish, Planner Eddie Kirk, Tax Supervisor Kermit M. Lloyd, Director of Aging Jerry Passmore, Director of Health Jerry Robinson, Planner Susan SMith, Systems Analyst Jane Sparks, Senior Center Supervisor Melody Trent, and Director of Personnel • Beverly Whitehead. 2%. MAP ccEPOTO None eleMeilee • 1. MATTERS ON THE PRINTED AGENDA Chair Willhoit requested those who would like to speak to the public hearing items to sign their name on a list that was being circulated. None. Chair Willhoit requested the minutes be postponed until the next meeting. ne---Iggabaii•Earar-AMME. Don Willhoit recognized on behalf of the Board and expressed appreciation to those persons responsible for planning and developing the projects for which awards were granted. They are as follows: (1) Coordinated Leisure Programming for Senior Citizens - award received by Ruth West and Jerry Passmore. (2) Public Health Dental Screening - award received by Evelyn Lloyd and Jerry Robinson. • (3) Countywide Computerization - award received by Keith Brooks and Jane Sparks. (4) Computerization for Sheriff Data and Reporting - award received by Jane Sparks. LV APPOMMITS CABEECBLEMEMIKAM. • Motion was made terCceuissioner Marshall, seconded by Commissioner Carey to appoint Olivia Ludington. • VOTE: UNANIMOUS. • agELDMIESSICE Motion was made by Commissioner Carey, seconded by Commissioner' Lloyd to reappoint Mary Copeland. V VV VOTE: UNANIMOUS. PLEED_M-ECM___MUKEL-CaR=. • 000177 Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Maggie L. Lee. VOTE: UNANIMOUS. Motion was made by commissioner Marshall, seconded by Commissioner Carey to appoint Martha S. Keating. VOTE: 'INMNIMOUS. gni,..MBEMMES =MM Motion was made by Commissioner Marshall,' seconded by Commissioner Carey to appoint Mary Cay Corr, Peter A. Topping, and A. Joy Frelinger. VOTE: UNANIMOUS. CHEE,giagbrA-EQM-QE-MhlggnM Motion was made by Commissioner Carey, seconded by Commissioner • Marshall to appoint Edward White as a regular mebber. • %ITN: UNANIMOUS. DEMPLIZEM-BQMPSE-Maginn Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Michael R. Drowns as a regular member and Thomas M. Headen • as an alternate. VOTE: UNANIMOUS.. MPIOEWLaIRKM Motion was made by commissioner Marshall, seconded by Commissioner Carey to appoint G. Kenneth Morgan. VOTE: UNANIMOUS. CHAPEL HILXLEOARD OF ADOUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to reappoint Velverton Land. VOTE: uWANIMOUS. Jsx41.1A11;NARAor. VIAPi;4 AALcopy of the program is in the permanent agenda file in the Clerk's office) . . . Bill Buchanan, member of the Board of Transportation, introduced • John Watkins, Division Engineer who explained the rating system for the . . secondary roads. The County is allocated an amount of money based on the • number of unpaved roads as compared with the total number of unpaved roads in the State. The general statute requires that a priority systom be established and followed for the paving of unpaved roads. The amount allocated to Orange County for 1985-86 is $573,272. Watkins noted that Old NC 86 will continually need to be upgraded , • . since it is the only north-south road that is legal to carry heavy loads. He listed those roads which are proposed for the 1985-86 road improvement program and pointed out that SR 1538, New Sharon Church Road, from SR 1003 to NC 57 is partially funded this year and will be completed next year. • Chair Willhoit received from the Secondary Road Committee, which was • appointed last year, a resolution which questioned why Saddle Drive, which did • not ever appear on the list, is now scheduled to be paved. Watkins indicated that this road begins in Durham County and extends into Orange County. Watkins explained that Participatory Owner type Programs (PCP) are projects classified as subdivisions or roads where there is a high density of houses. The POP list is compiled on a first come first serve basis and is generated by a petition signed by 75% of the property owners comprising 75% of the front footage. • Ida Fuller asked that more consideration be given to those who live in the Nnrthern mart of the County ann'tn thnge roads that need to be bayed. 000178 Senna Richmond referred to Road #1362 and her desire to get it paved because of the bus traffic and the ruts and dust. Odessa Corbett asked ebout. SR 1127 and if enough funds were available to complete the project and Mr. Watkins indicated the project would be placed first on the priority list for next year for completion. Corbett endorsed the project. Vance Thompson spoke on behalf of Ellie Mae Road #1362. There are 16 families on the road with four (4) school buses, and a church. Thompson indicated that the road is bad in the winter and that dust is also a problem. He asked consideration for paving the road. Joe Thompson expressed concern about #1362 and the dust, ruts, and glass on the road and asked for gravel to be put on the road. Watkins asked that the Secondary Road Advisory Committee send to Mr. • • Buchanan any suggestions for changing the point system. Barbara Lakey represented about 40 people from New Sharon Church Read and expressed appreciation for the state placing this road on the 1985-86 • list and asked that the Board of Commissioners approve the recommended list. J. W. Taylor travels several of the dirt roads daily and noted that with'the system which is presently used, there is no way those roads will ever be paved. There is a need to look at theforwula and the POP program to make • it more equitable. Pearl Simpson, representing New Sharon Church Road, indicated they have had the runaround since 1972. A dozen petitions have been signed and the road is in very bad condition. There are five (5) school buses that travel the road several times a day. Gerry Hancock asked when the work would start on the projects recommended for approval and if there was any assurance the money would be available to finish the road. Watkins stated they could not give a definite assurance because it • • . depends on the General Assembly and the funds allocated for the program. The work may begin in the fall of 1985 but most likely will begin in the spring of • ,• 1986. They must wait on the availability of eqpipment. Stan Lakey asked for atime table for the completioni of the work on • New Sharon Church Road and asked if there is anything the people in that community could do to expedite the project. • • Mr. Watkins noted there is nothing to do since the right-of-way is already there. • • Barrie Pinnix expressed concern about a three mile stretch of SR 134I3 on Baron Church Road and questioned why only a portion of that road is • paved. • Watkins explained that same roads are broken into sections according to the number of paved crossroads. • Pinnix noted there is a lot of school bus traffic. The scraper cemes just before a rain and there is no gravel on the road which would be • appreciated. •_ . Lloyd Pinnix expressed concern about the ruts on SR,1341B. Vance Thompson also questioned the paving procedure for #1361 and • why part of the road had been paved for 15 years and the remainder not paved. • Watkins noted the priority system started in 1972 and he cannot speak to the criteria used before that time. • Commissioner Carey questioned whether the point system for school • buses reflected the number of buses or number of routes. (LC079 Commissioner Marshall expressed to Mr. Buchanan a concern -ear ,4 e • program which seems to discriminate against same people and feels that the State needs to look closely at the problem. • Buchanan spoke as a Board member and noted that if the Board of Commissioners feels this program is not serving those people in the area, they may pass a resolution to pave a road and hold a public hearing and forward a letter to move the road out of priority and he would recalmend to the Board of Transportation to move it out of priority. . The system does not discriminate between black, white, etc. but is a fair system. He would like to receive any recommendations for making the system more equitable. Commissioner Walker stated he feels the system is fair and that no one is discriminated against. Commissioner Marshall expressed concern for roads on the priority list which have been moved further down on the list. • , Chair Willhoit noted that when they added the subdivision roads to , - the list in 1983 it caused same roads to be!moved down on the list. . • Watkins explained that the rural roads with 100 traffic court or more are put on the top of the spriority list and the subdivision roads are mixed in below according to the point system. . • Chair Willhoit referred the public comments to the Secondary Road Improvement ArIvisory Committee and Mr. George H. Bressler, Chair of that committee. He asked if a tour could be arranged for the Board to look at some of the roads. Thompson questioned the repaving of roads and John Watkins indicated that the State has reduced the spot stabilization program. Those funds are allocated to the County for maintenance. • THERE BEING ND PURIgUiCEMMENTS, THE HEM=WAS CLOSED. 2....._EMEEMIKAPIENSIMEIME -41211SLASSIM4ELIM. . . Planner Susan Smith presented for public comment the Preliminary Assessment Roll for Pineview Road/Pineview Drive. • • Hattie O'Neal spoke of her inability to pay the assessment. Her • daughter Joyce Hewett indicated they are not opposed to the paving of the road • but only that sane of the people cannot afford to pay the assessment. Her mother is living on disability income and has been assessed $567.12. O'Neal's house faces Sesame Road but her driveway is on Pineview Road. Chair Willhoit pointed out that the requirements for the project had • been complied with and asked what the impact would be on the project if this • property was deleted. • Commissioner Walker questioned the possibility of the other property owners paying the assessment for Mrs. O'Neal. • Geoffrey Gledhill indicated that each property owner would be assessed for a portion of the total project cost. However, if the individual assegsment amounts were to be changed, the process would need to be repeated. • • THERE BEING ND FUREEDIR Ca4MENTS, THE HEARING WAS CLOSED. • Motion was made by Comndssioner Lloyd, seconded by Comissioner Walker to defer action on the Pineview RoadlPineview Drive PPP Project. • -• . • VOTE: UNANIMOUS. • 1...-KWARMLLSELECW-r-Mti-- Planner Susan Smith presented for public comment the Preliminary • Assessment Roll for Clearwater Lake Road. The assessment was done on a per lot basis. • THERE BEING WV WEEMS, THE HEARING WAS CLOSED. . . 000180 Motion was made by Commissioner Carey, seconded by Commissioner Marshall to (1) confirm the Assessment Roll, (2) Accept the Certificate of meiling offered by the Clerk, and (3) direct the Tax Collector to collect the -assessment. Confirmation time took place at 9:32 p.m. • TTEMS FOR.pEcTsION • *4 Judy Eastman, Chair of the Commission for Women, presented for consideration of adoption the following resolution prepared by the Orange CountyCcamission for Women: WHEREAS', Harriet Morehead Berry (July 22, 1877-March 24, 1940) was a native of Hillsborough and a long time resident of Chapel Hill and Orange County, and WHEREAS, Harriet Morehead Berry.from 1917-1921 was a leader in the North Carolina good roads movement, and • WHEREAS, Ms. Berry, as acting head of the North Carolina Geological and Economic Survey, led the North Carolina Good Roads Association in an attempt to secure legislation to construct a state system of hard-surface roads, and • WHEREAS, upon failure to secure an adequate law, she exerted strenuous efforts between 1919 and 1921 to speak in 89 of North Carolina's 100 counties, and disseminated news releases, letters, petitions, and circulars, and WHEPEAS, through her efforts the membership of the North Carolina Good Roads Association increased from 272 to 5500, and WHEREAS, in 1921 she led a unified and enthusiastic good roads movement to the General AsseMbly and emerged with a road law • that created a powerful state highway commission and committed • North Carolina to the construction of a state system of modern highways, and , • WHEREAS, Josepbus.Daniels, long time editor of the Raleigh NEWS AND OBSERVER, wrote, "to her credit stands one of the most . • • stupendous pieces of legislation in the history of the state, the authorization of a statewide system of road", and • WHEREAS, in 1962 the state highway commission authorized . - placement of a bronze plaque in the Highway Building • 'commemorating Harriet Morehead Berry as "North Carolina Mother • of Good Roads', and WHEREAS, no highway in North Carolina is named for Ms. Berry, and WHEREAS, Interstate Highway 40 is now under construction in • Orange County, NOW THEREEORE BE TT RESOLVED that the North Carolina Board of • • Transportation, in recognition of Ms. Berry's contributions and • leadership, name the Orange County segment of Interstate Highway 40 the HARRIET MCWEEEAD BERRY HIGHWAY." • Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the resolution as stated above. • VOTE: UNANIMOUS. 1.---198E8SMECIAEMEREEIRMI .• Motion was made by Commissioner Walker, seconded by Commissioner Carey to approve the 1985-86 secondary road improvements program as proposed by the Department of Transportation. Ti rimamralnc • 000i81 kilM.VNAi. _.0q.W.;:01 Planner Susan Smith presented for consideration of approval the Preliminary Plan for Leonard Wilson. The property is located in Little River Taanship along Schley Road. Nine lots are proposed out of approximately 9.73 acres. The property is not zoned and is designated Agricultural-Residential in the Land Use Plan. The Planning Board recoamends approval subject to the • following conditions: (1) Combined driveways between lots 1 and 2, 3 and 4, 5 and 6, and - 7 and 8. (2) Health Department approval. As of July 22, 1985, the Health Department has checked and approved 7 of the 9 lots. smith indicated that the applicant made every effort to have the • Health DepaamealL review all , lots well in advance of sdbmitting the preliminary plan for approval. In response to a question whether Health Department approval is required on all the lots, she indicated there are ways • to handle it through the subdivision process when final plans are reviewed for approval and before they are recorded. If there is a let that does not perk and has been checked by the Health Department, there is a notation put on the plat that the lot is unsuitable for building purposes. If the applicant simply wants to subdivide the property for same other purpose and does not • choose to have the Health Department review, the notation is similarly put on the plat. Motion was made by Commissioner Lloyd to approve the recommendation of the Planning Board. MCEION DTP FOR LACK OP AEMCCND. Carl Walters, representative of the Planning Board, noted that the .applicant acted in good faith and felt the notation on the plat was sufficient .to insure compliance and there was no need to delay. Motion was made by Commissioner Lloyd to approve the recommendation . of the Planning Board subject to the Health Department approval of all nine lots. . _ • Chair Willhoit made a substitute motion to include the • recommendation of the Planning Board and allow the applicant. to combine lots which do not pass the soil evaluation test with those that do. Commissioner Carey seconded the motion. • auTE TO SUBSTITUTE: UNANIMOUS. aCTE ON THE SUBSTITUTE MOTION: UNANIMOUS. • .1.11Vt42, -4Icz •1.14 )K1;4, Planner Susan Smith presented for consideration of approval the Preliminary Plan for the property surveyed for Patricia R. Enoch. The • S property is located on SR1310 (Frazier Road) in Cheeks Township. The tract is designated as rural Residential and Water Supply Watershed on the Land Use Plan. One lot is proposed out of 16.97 acres. The Planning Bnard recce:reads approval with the condition that the front yard setback be changed to 40 feet as rewired in a R-1 district. • .... • , _ Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the recommendation of the Planning Board. • - aCTE: UNANIMOUS. • Lava- ataa •Pala - N.1V4:44._ J 4i Planner Susan Smith presented for consideration of approval the • • Preliminary Plan for North Fork Phase II. The property is located in Little a0a182 River Township off R.C. 57. Twelve lots are proposed out of 12.74 acres. The Planning Board recommended approval subject to the following conditions; (1) Access to Sweet Drive be restricted by note on the plat or by a restricted access easement of 15 feet along Sweet Drive. (2) NCDOT approval. VCDOT is waiting for Phase I to be replatted with property lines to the edge of the right-of-way and re- recorded with NCDOT stamp. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board. W1 : UNANIMOUS. Planner Susan Smith presented for consideration of approval the Preliminary Plan for Wedgewood Section 2. The property is located in Cheeks • Township off West Lebanon Road with one lot fronting on Frazier Road. Four lots are proposed out of approximately 10.19 acres. NCDOT has indicated . that the sight distance looking west along SR 1306 is adequate; however, sight distance looking east is less than desirable. The road serving the subdivision was established as part of the minor subdivision. The Planning Board recorrmtends denial based on a motion•for approval that failed on a 3 to 4 vote. The reasons stated for denial were traffic safety and concerns about development in a water supply watershed. The Planning Staff recommends • approval with a 30-foot drainage easement along the creek through Lots 3, 4, and 5. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation from the Planning Beard for denial. Carl Walters, a member of the Planning Board, indicated no consideration was given for an entrance on Frazier Road. That road has twice the lot frontage, a step sign and a lower speed limit. He felt the lack of adequate site distance created a dangerous condition. Consideration should have been made for putting an entrance onto Frazier Road because of the safety • factor, the 55 mph speed limit on Lebanon Road, and the anticipated growth in the area. Commissioner Marshall questioned the approach of requesting • subdivision approval, then returning later and using the pre-existing road as a basis for further development. Greg Sheperd, representing the applicant, made some comments with regard to site distance and cited section IVF3C of the Subdivision Regulations which states that public streets maybe constructed to NCDO►f Standards, including these for sight distance. Section IVB3E states that Private Roads . may be constructed to Orange County standards which do not require a mini um • sight distance. Sheperd pointed out on a map those areas affected by limited sight distance. The best solution would be to move the road further east which would enable a person approaching the intersection to see further down the hill. That is not possible because of an existing lot. A cul-de-sac off of Frazier Road is not desirable because the proposed lot layout would result in two lots with double frontage•which is not permissible in the Subdivision Ordinance and two lots which are useless because of their location. He expressed no problem in accepting the rendation of the Planning Staff. ' A notion to substitute a notion was nude by Ctanmissioner Walker, • seconded by Commissioner Lloyd to approve the recommendation of the Planning Staff. VOTE ON THE MOTION TO SUBSTITUTE: AYES, 4, NOES, 1 (C emissioner Carey). VOTE ON THE SUBS1.'lTt11.E MOTION: AYES, 4, NOES, 1 (Commissioner Carey). . ... • 000183 PIL•Asi- 4.,,x4 4.4 Dia ke 4 op irt1 u 4 z pjuktwel macumcrocaup ompANY Planner Gene Bell presented for consideration a proposed secondary amendment to the Land Use Plan submitted to public hearing on May 28, 1985. • Two principal issues were raised: (1) undesirable and potentially hazardous industrial wastewater runoff and (2) possible expansion of an existing • concrete plant operation. Following the hearing, Mr. Chandler, the owner, amended his application to include an area of 1.41 acres rather than 4.34 acres as originally requested. This would give him just enough area to encompass the retention ponds. The amended application sought to address the protection of the public safety, health and welfare, and citizen concerns regarding expansion.of the plant and increased traffic. The Planning Board recommends denial of the request based on a 3 to 4 vote on emotion to approve the 1.41 acre amended request. The Planning Department recommends approval of the request provided that a smaller area of the lot in question is designated. Staff recommends that the proposed lot line be moved to the northwest • approximately 120 feet reducing the area for redesignation from 1.41 acres to 0.86 acres. • Chair Willhoit acknowledged receipt of a letter from Mr. Harry Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the • Harkins, attorney representing Ms. Rhine and Ms. Feather, requesting that the amended application be subject to another public hearing because of the . substantial change in the application. John Chandler, President of Chandler Concrete, indicated the request • is a modification of the request that went to public hearing on May 28. The request is that less property be subject to the Land Use Plan. Be accepts the decision that expansion of his business is not desired by the carmunity. Be constructed the ponds to comply with environmental regulations. He presented a letter to substantiate his comments about the ponds. The 1.41 acres is the • • . • minimal amount that will enable him to meet environmental regulations. Philip Post, engineer for the applicant, illustrated on a map the - • . location of the two ponds and the provisions to accommodate the runoff of • water. A third basin is recommended in order to accommodate the 100-year storm, In answer to a question from Chair Willhoit, Gene Bell indicated the amendment to the Land Use Plan would be needed to provide for the protection of the public health, safety and welfare and to address the runoff problem. Approval of the request'would enable Mr. Chandler to meet local requirements and submit his plans for the retention ponds to the State. • • Mr. Chandler indicated the amendment is based on an extension of a • designated use onto contiguous property not in excess of 10 acres. Be pointed out that when the ponds were put in he had a permit to grade and dig the ponds which was approved by the Sedimentation and Erosion Control Officer for the • County. Betsy Rhine, an adjoining property owner, stated Mr. Chandler was directed by the N.C. Division of environmental management (MOM to put the ponds on his existing land. Gene Bell indicated he spoke with Carolyn McGaskil of NCDEM regarding the original location for the ponds. She indicated they advised Mr. Chandler to put them on the lower end of the property. They knew nothing about Mr. Chandler owning the adjoining tract or the zoning of such property. • 000184 Phil Post indicated the ponds are on the lowest part of the tract where they should be. Chair WilIhoit indicated that because of the number of substantial changes made in the proposal since the public heating, the project should be scheduled for another public hearing so that the concerns of the citizens may be heard on the amended proposal. .Notion was made by Commissioner Carey, seconded by Commissioner Marshall to refer the revised proposal for the 1.41 acres as submitted by the applicant to public hearing on August 28. Joyce Garrett, attorney for Chandler Conerete, noted that consent by can not be given until there is a modification of the Land Use Plan and the subsequent rezoning. She emphasized that Mr. Chandler would like a decision just as soon as possible. Chair willhoit indicated there are many concerns and questions which need to be addressed through a new public hearing. The proposal will then go back to the Planning Board before being presented to the Board of Commissioners for a decision. Planning Director Marvin Collins indicated the grading permit was . issued because of the interpretation that it was a public health hazard recognized by the State and the County Health Department which had to be addressed. Complaints were then received from the adjoining property owners. • The County Attorney then indicated the interpretation was wrong and that Mr. Chandler would have to cease the use of the property for any purpose related to the concrete plant. Commissioner Marshall asked about other solutions to the problem and Phil Post indicated that water from the plant and stormwater runoff can only be controlled in son down hill area. The best engineering solution was to install the basins. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to have both the rezoning and the Land Use amendment with the revised proposal considered at the same public hearing so the matter can be expedited and the public health problem dealt with. • WM: UNANIMOUS. • 1.0. REDDEST FOR AMENDMENT ToaAOCVDTTION OP TDB CLASS A SPECIAL USE • PERMIT FOR WEET TEN'MOBILE PARK Planner Susan Smith presented for consideration of approval a request from Darrell Garrett and Waylon McFarland for modification of the conditions of approval for the Class A Special Use Permit for West Ten Mobile Park granted by the Board on July 1, 1985. The applicant requests that the Board amend the conditions of approval to allow for the construction of a natural base trail System of grass and mulch given the length, estimated use and cost of construction. The original condition indicated the trail system should be built as reconteended by the County Recreation Department. That department had recommended a rock dust base. Section 8.7.1.a of the Zoning Ordinance provides that a change in an imposed condition shall constitute a modification and be subject to consideration through a public hearing process. • . Geoffrey Gledhill clarified that the change can be considered a minor change which would require approval by the Board and not be subject to another public hearing. • Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the request be considered a minor modification and the applicant be - • • allowed to add park benches along the pedestrian pathway and delete the rock • dust base, substituting instead grass and mulch. ememeee.ea. __ • 000185 VOTE: AYES 4; NOES, 1 (Commissioner Marshall). 5PECT1)11. PUIRLIC WARM-LMER. • Chair Willhoit noted that in early June a meeting was held with several members of the Planning staff, Alice Gordon, Sylvia Price and Frank Bremer the executive Vice President of PHE to discuss their short term expansion needs. At the conclusion of the meeting, in an effort to expedite proceedings, it was decided to advertise for a July 1, 1985 public hearing. Before the ad was placed, Mr. Broome.notified the Planning Department the plans would not be ready for a July 1 public bearing. The item was then placed on the agenda for July 1 requesting a public bearing be held on August 5. Around June 15, a letter was received notifying the County that PHS, Inc. would be moving to AlamalweCtunty. • Ccumassioner Carey indicated he also met with Mr. Broome and assured him of his cooperation to accommodate his short term expansion needs. 08=aC1EIX122KRELEAMPE ( A copy of the Personnel Ordinance is in the permanent agenda file in the Clerk's Office). Beverly ahitehead presented for consideration and adoption the proposed Personnel Ordinance. She clarified that section 2.4 pertains to the employees of the Health Department and the Social Services Department and has • . no impact on the relationship between the director and their respective Boards which are covered in the General Statutes. In response to a question about the pay plan, Whitehead stated that the Board approves the pay plan apart from the Ordinance on an annual basis. Commissioner Marshall pointed out the range of Board delegation to Manager suggested in G.S. 153-82 and that decisions within these ranges should be made by the Board and included in Article I, Section 7.0 of the Ordinance. Chair Willboit asked that G.S. 153-82 be distributed to Board for subsequent discussion. It was decided to change the two day time period mentioned in the Sexual Harassment section to immediately and the one day period to immediately, • • to delete section 6.1 with reference to an eaployee holding an elective office, to add to the list of definitions the definition of exempt and nonexempt, to include those sections of the General Statutes which are referenced in the Ordinance, to change the wording in section 4.2 to read period of six months, to retain the existing ordinance for workmen's compensation, and to change the "and" in section 9.2.3.a (Travel allowance) to read "or". Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Personnel Ordinance with the changes listed above and the • understanding that further modifications will be suggested within the next few • weeks. VOTE: UNANIMOUS. • The Manager recommended the following action be taken by the Board: •. atiaaa .a.a.vaad 9:,•...4.0;p. fijoK,. COI 111,14 J041,9 ,t.0 • • .• MENDMENME Accept as to form the legal advertisement for matters to be presented to public hearing on August 26, 1985. The Zoning Atlas amendments • under consideration are Cl) Z-10-85 Cornwallis Hills, and (2) SUP-l-85 Bingham School Inn. The Zoning Ordinance text amendments include Articles 6.23.4, 6.24.6, 6.23.7, 6,24.8, 7 and 8. * 4■1011 NkJ1 '. *VArkvill JRY1 YA_ JLILJ 41.7 t: • 000186 Approve the planning services agreement with the Town of Hillsborough and authorize the Chair to sign. 16. mow AMEBIC=AM-CCENTRAC2 Approve the contract for Title /Ii-B Older Americans Act (social services/Senior center) funds with Triangle J Council of Governments effective July 1, 1985 through June 30, 1986 for federal funds in the amount of $83,669. .044,h/4 1.7ir 4.44to. 41tk iu Stu+ IV J„Lkikfm, Approve the RSVP Grant Award from the Town of Certboro for the period of July 1, 1985 through June 30, 1986 in the amount of $800 in local funds and authorize the Chair to sign. ; • . " _1,0 • er Approve a resolution of desire to continue participation in the State of North Carolina's Land Records Management Program, and to qualify the County for receiving $89,000 in matching funds for the improvement of Orange Cbuney's land records. The resolution reads as follows: BE IT RESIXNED, by the Orange County Board of Commissioners, • that it recognizes and appreciates the Land Records Management Program and its assistance to counties through matching • grants, and desires to participate in the modernization program of land records for the 1985-86 year. it further agrees to abide by the agreements and contracts with the program that are mutually adopted. eleMffMM2MjMeffaang= Approve the renewal of the Food Stamp mailing contract with Cost Containment, inc. for total amount not to exceed $6,600.00 and authorize the Chair to sign. 20„ —maga3FI3ximr,Amim Approve the lease with Efland Rescue Unit and Efland Volunteer Fire . . Department to allow the Orange County EMergencerMedical Services to utilize, their existing building for housing of Ehargendy Medical Personnel, equipment • • . and vehicle. 21_,...._ffaral-gmlfmalgEMIClaufasrugzsAll Approve renewal of the Medical Services Agreement with the Orange • Family'Medical Center for providing health care services.to the County Jail for Fiscal Year 1985-86 in the amount of $4,200 and authorize the Chair to sign. • .2' P.; •_1 14_ At•Ao4;4.44 voL•rat.r.04-, **, • Approve an agreement with the State of North Carolina, Division of • Purchase and Contract whereby the County will become party to their bid procedures for the purchase of six passenger cars, three pick-up trucks, one • passenger van and seven police cars and authorize the Chair to sign. • 23. Bap Aug rpR RAIWCAPM =PP ER0OcTs Award the contract for toilet facility renovations to the D.W. Ward Construction Co. in the amount of $10,958.00 and award the contract for the • construction of handicapped ramps to Riggs-Barred Builders, Inc. of Durham in the amount of $29,995.00 and authorize the Cbeir to sign said contracts. 24rn • • .. Approve the renewal of the annual agreement between Orange County and the North Carolina Department of Natural Resources and CommueterEevetement for the provision of support of the NC Forest Service in Orange County for FY • 85-86 at'a cost of $27,732 and authorize the Chair to sign. 25. 13131Alze AMENIVNI,S • Approve the following amendments to the 1985-86 Budget Ordinance: • Appropriation-Social Services-Long Term Care Screening $ 60,320 000187 Source-Social Services-Long Term Care Screening-Screening $ 4,320 Source-SS Long Term Care Screening-CHORE XIX $ 50,000 Source-SS Long Term Care Screening-44edjom1 supplies $ 6,000 AppropriationrEcomouic Development $ 1,000 Source - Hillsboroughaanber of Commerce $ 1,000 26. MANGE MITRE REGMARIXERNING SCHEDULE Approve rescheduling the October 7, 1985 meeting to September 30, 1985. Motion was made by Counissioner Marshall, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 15,, APPEALLQE TAX AMAISAL mug HOME Qp mjuirr4.17011NE Mr. Stone presented pictures to show that his house is not completed. He questioned why his house was evaluated higher than other conparable houses and acreage in his area. Geroge Meyer, Tax Appraiser for Orange County, stated that after considering all the information he cannot justify a reduction in taxes. Mr. Stone refused to allow him inside of the house. In looking at the improved properties in the neighborhood the property was evaluated at 38.78 per square foot which is close to the middle of the range. In terms of "grade of construction" the house is graded at "B". He summarized the list of those houses which have sold within the area in the last six (6) years and their sale price. In conclusion, he could not find any basis to redUce the tax value to keep it fair and In line with the others in the neighborhood. Mr. Stone indicated he felt it would make no difference in the appraisal if he allowed Mr. Meyer to see the inside of the house. NO ACTION WAS TAKEN BY THE BOARD. Chair Willhoit adjourned the meeting. The next regular meeting will be held on August 20, 1985, at 7:30 p.m. in the Courtroom of the old Post Office • . . . in Chapel Hill, North Carolina. Don Willhoit, Chair • . Beverly A. Blythe, Clerk • : . •