HomeMy WebLinkAboutAgenda - 08-20-1985 ORANGE COUNTY
BOARD (P amMiSsIONERs
REGULAR MEETING
TUEDAY, AUGUST 20, 1985
COMMISSIONERS ROOK
CHAPEL HILL, N.C.
OLD POST OFFICE
7:30 P.M.
A. BOARD COMMENTS
B. AUDIENCE COMMENTS
1. Matters on the Printed Agenda
2. Matters not on the Printed Agenda
• C. MINUTES
D. APPOINTMENTS
PAGE 4 E. PUBLIC BEARING
003 1. Ordinance for the Control of Massage and Massage
Establishments
F. ITEMS FOR DECISION
025 1. Wastewater Collection and Purchase Contract
034 2. Pineview Road/Pineview Drive PPP Assessment Roll
043 3. Wilkins Drive PPP Assessment Roll
052 4. Request for Authorization to Initiate Legal
Proceedings
068 5. Special Public Hearing—Erosion Control Ordinance
Amendments
073 6. Corrections to Minutes Related to Zoning Ordinance
079
Amendments
7. Old Police Building Lease Amendment
083 8. Soil and Water Conservation Office Lease
092 9. Space Planning and Architectural Service for Carr
Building Renovation
G. REPORTS
098 1. Child Care Networks--First Year
H. ADJOURNMENT
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ORANGE COUNTY 001
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA rim ABSTRACT Item No. ej
METEvING DATE August 20, 1985
Subject: minus
iDepartment: BOARD OF COMMISSIONERS I I Public Hearing: yes _ j no I
•
Attacbitent(s) : Information Contact:
Beverly A. Blythe
UNDER SEPARATE COVER
Phone N'inber: 732-8181, 968-45u, in-0231
PURPOSE: To correct and/or approve the minutes as submitted, for consideration:
Nay 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. •
6 <
ORANCZ COUNTY 002
BOARD OF COMMISSIONERS Action Agenda
• ACTION AGENDA M201 ABSTRACT Item
MEETING DATE August 20, 1985
Subject: APPOINTMENTS
De.-- ■ - t: fur... ki i r flit 001 , •irt(7,1s. I Public Healing: yes X no I
•
Attach/rent(s) :
UNDER SERARAZE COVER -- rilliEton Oontact:
Beverly A. Blythe, Clerk
Phone Number: 968-4501, 132-8181, 221-0231
PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards.
The following vacancies are announced for the first time for information. only:
0-8 - ORANGE COUNTY PLANNING BOARD - 1 vacancy (resignation of Valerie Greenburg)
The following vacancies are announced together with the indication of the status of
MED: securing candidates for possible appotatment consideration. All vacancies have
been duly advertised.
A4 - COMMISSION FaRWOMEN - 1 vacancy; no resumes have been received.
A-6 - INDMMIAL tormanfflam REVENUE BOND AUTHORITY - 3 vacancies; 6 resumes have
been received.
A-13 - BECREAERN AND PARES ADVISORY COUNCIL - 2 vacancies; no resumes have been
received.
B-10 - NURSING HOME COMMMECIAITISORY COMMITTEE - 3 vacancies; 3 resumes are
submitted for your consideration.
B-11 - SOLID WASTE TASK FORCE - 1 additional resume has been received.
B-14 - ARTS COMMISSION - 2 vacancies; 14 resumes are submitted for your
consideration.
- B-15 - SCHOOL MERGER STUDY COMMISSION - 2 additionni resumesherebeen received.
C-3 - CHAPEL HILL BOARD OF ADJUSTMENT - 1 vacancy for an alternate; 1 additional
resume has been received.
C-8 - ORANGE COUNTY PLANNING BOARD - 1 vacancy; II. resumes are submitted for your
consideration.
REGION J EMS COUNCIL - 1 vacancy; 1 resume : been received.
• NATIONAL ORGANIZATION ON DismimiTY - 1 vacancy; 1 resume is on file.
IMPACT: To maintain 100% membership on Commissioners' appointed Boards and. Cammissions.
RECOMMENDATION:
As the Board decides.
003
ORANGE COUNTY
BOARD OF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item hb.
Meeting Date: AUGUST 20, 1985
SUBJECT: OE)ICE FOR THE CONTROL MASSAGE AND MASSAGE EMBLISERENTS
DEPARDIENT: COUNTY MANAGER PUBLIC BEARING: jLYes hb
ATTACHMENr(S): INFORMATION CONIACT: IMAGER'S
OFFICE, X501
TELEPHONE NUMBER:
PUBLIC HEARING NOTICE Hillsborough -732-8181
RESOLUTION AND ORDINANCE Chapel Hill - 968-4501
Mebane - 227-2031
PURPOSE: To receive comments from the public on the proposed ordinance.
NEED: At the June 18, 1985 Regular Meeting comments were received by
the Board from interested parties regarding the ordinance. In
light of the comnents, the ordinance has been revised in an
attempt to address the concerns. In addition, as best as can be
determined, the revised draft contains those provisions deemed
essential by the Sheriff and which are acceptable to Mr. Rick
Rosen on behalf of the massage practitioner community which he
represents.
Key provisions are listed in attached public hearing notice.
Copies of the revised draft have been mailed to all known
massage practitioners within the County.
RECOMMEITATION(S):
As the Board decides.
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•
004
' NOTICE OF PUBLIC HEARING
ON AN ORDINANCE BEING CONSIDERED
BY THE BOARD OF COMMISSIONERS
OF ORANGE COUNTY TO PROVIDE
- FOR THE CONTROL OF MASSAGE AND •
MASSAGE ESTABLISHMENTS
• Notice is hereby given that pursuant to the
• authority contained in North Carolina General Statute
Sections 153A-121, 153A-123 and 153A-134 , the Board of
Commissioners of Orange County is considering an ORDINANCE TO .
PROVIDE FOR THE CONTROL OF MASSAGE AND MASSAGE
ESTABLISHMENTS. The following are some of the important
features of the ordinance:
1. It will require the licensing of and the
payment of an annual license fee by all massage businesses.
2. It will require the licensing of and the
payment of an annual license fee by all massage
practitioners.
• . 3. Requirements contained in the ordinance would
have to be met before a license could be issued and those
requirements would have to be maintained for a business or
practitioner to maintain the license.
4. The massage for hire of the private parts of a
person would be prohibited.
5. The ordinance would not apply to duly licensed
hospitals, sanitariums, nursing homes, . offices or clinics
operated and regularly used by duly licensed physicians,
005
surgeons, osteopaths, chiropractors, physical therapists or
podiatrists in connection with the practice of medicine,
chiropractic, osteopathy, physical therapy or podiatry.
6. The ordinance would also not apply to:
A. physicians, surgeons, chiropractors,
osteopaths, physical therapists or podiatrists duly licensed
in North Carolina;
B. registered or practical nurses duly
licensed in North Carolina working under the supervision of a
licensed physician, chiropractor, osteopath or podiatrist;
C. cosme toligists , barbers or beauty
culturists duly licensed in North Carolina who do not give,
or hold themselves out to give, massages other than are
customarily given in barber shops and beauty shops solely for.
the purpose of beautification.
7. The ordinance would permit the business or
profession of massage to be conducted between the hours of
8:00 a.m. and 10:00 p.m. only.
A public hearing will be held at 7:30 o'clock p.m. ,
• on the 20th day of August, 1985, at the Courtroom in the old
post office building, located at the corner of Henderson
Street and E. Franklin Street, Chapel Hill, North Carolina in
order to discuss the proposed ordinance. At this time and
place all interested persons may appear and be heard.
This the 9th day of August, 1985 by order of the
Board of Commissioners of Orange County, North Carolina.
RESOLUTION AND ORDINANCE TO PROVIDE FOR THE CONTROL OF
MASSAGE AND MASSAGE ESTABLISHMENTS
Pursuant to authority provided in N.C. Gen. Stat. Sec. 153A-121,
153A-123 and 153A-134 the Board of Commissioners of Orange County
hereby resolves and ordains as follows:
Sec.-1-1. Definitions.
Unless the context clearly indicates otherwise, the following
terms shall have the respective meanings ascribed to them:
BUSINESS OR PROFESSION OF MASSAGE: The massage or treatment of
any person for a fee or in expectation of a gratuity from the
person massaged.
MASSAGE: The manipulation of body muscle or tissue by rubbing,
stroking, kneading, or tapping, applied by hand, arm, foot or
mechanical device.
MASSAGE BUSINESS: Any establishment or business wherein massage
is practiced, including establishments commonly known as health
clubs, physical culture studios, massage studios and massage
parlors.
1
a.
4 .
MASSAGE PRACTITIONER: Any person engaged in the business or
profession of massage.
Sec. 1-2. Scope.
The therapeutic application of massage is one of the oldest
healing arts known to humankind; a practice which can provide
many benefits to an individual's state of well-being. To protect
public health, safety, welfare and morals, the following
privilege license provisions and regulations are ordained for the
privilege of carrying on the business, trade, or profession of
massage practitioner and for the operation or carrying on of the
•• businesses, trades, or professions commonly known as massage
clinic, massage parlor, health salon, health club, physical
culture studio, or similar establishment wherein massage or
• physical 'manipulation of the human body is carried on or
practiced. The provisions of this ordinance shall not apply to .a
regularly established and licensed hospital, sanitarium, nursing
home, nor to an office or clinic operated and regularly used by a
duly licensed physician, surgeon, osteopath, chiropractor ,
physical therapist or podiatrist in connection with the practice
of medicine, chiropractic, osteopathy, physical therapy or
podiatry.
The provisions of this ordinance shall not apply to:
• 2
. - -
I -
A. physicians, surgeons, chiropractors, osteopaths,
physical therapists or podiatrists duly licensed in North
Carolina;
B. registered or practical nurses duly licensed in
North Carolina working under the supervision of a licensed
physician, chiropractor, osteopath or podiatrist;
C. cosmetoligists, barbers or beauty culturists duly
licensed in North Carolina who do not give, or hold themselves
out to give massages other than are customarily given in barber
shops and beauty shops solely for the purpose of beautification.
Sec. 1-3. Licensing of massage business operators.
(A) No person shall operate a massage business as herein defined
unless such person shall have first applied for and received the
privilege license provided by this section.
(B) Every application for the privilege license prescribed herein
shall be upon a form approved by the County Manager and shall be
filed with the Clerk to the Board of County Commissioners. Every
such application shall be made under oath and shall contain the
• following information:
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• -
•
(1) If the applicant is a persop, the name and residence
address of such person. If the applicant is a partnership,
corporation or association, the name and residence address
of each person having any legal or beneficial interest in
such applicant; and
(2) The address of the permises where the massage business
shall be located; and
(3) A complete statement of all convictions of any person
whose name is required to be given in subparagraph (1) above
of any crime involving sexual misconduct, including but not
limited to N.C. Gen. Stat. Secs. 14-177 through 14-202.1
(Article 26, Offenses Against Public Morality and Decency) ,
N.C. Gen. Stat. Secs. 14-203 through 14-208 (Article 27,
• Prostitution) , any section of this ordinance, any federal
statute relating to prostitution or any law or ordinance of
any governmental unit concerning the business of massage;
and •
(4) A complete statement of any revocation, by any
governmental unit, or any license to operate a massage
business or to engage in the business or profession of
massage held by any person whose name is required to be
given in subparagraph (1) above; and
4
(5) A complete statement of .any conviction of any person
whose name is required to be given in subparagraph (1) above
for violation of any statute, law, ordinance or regulation
of any government concerning the operation of a massage
business or the business or profession of massage; and
(6) The name and address of any massage business or other
establishment owned or operated by any person whose name is
required to be given in subparagraph (1) above wherein the
business or profession of massage is carried on; and,
(7) A description of any other business to be operated on
the same premises or on adjoining premises owned or
controlled by the applicant.
(C) The Clerk to the Board of County Commissioners shall transmit
a copy of the application to the Sheriff's Department for an
investigative report; to the Department of Inspections to
determine compliance with all zoning and building regulations and -
ordinances. The Sheriff's Department in co-operation with the
respective fire district chief shall determine compliance with
any law relating to fire protection. The Sheriff's Department
shall, within a reasonable time, not to exceed forty-five (45)
days, report the results of its examinations to the Clerk to the
Board of County Commissioners.
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_ _ _
. .
(D) An application in proper form, accompanied by all, reports
required by this section, shall be submitted to the County
Manager, who shall approve such application if such officer
determines that:
(1) The application contains no misstatement of fact; and
(2) The applicant, or any person having any legal or
beneficial ownership interest in the applicant, has not been
convicted of any crime listed in Section 1-3 (B) (3) of this
ordinance; and
(3) The applicant conforms to all requirements of applicable
zoning, building, and fire prevention codes;
(4) The applicant or any person having a legal or beneficial
ownership interest in the applicant has not, for the three-
year period preceding the application, had a previously
issued license for engaging in the business or profession of
massage revoked.
(E) Upon approval of the application by the County Manager, and
upon receipt of a seventy-five dollar ($75.00) license fee, the
Collector of Revenue shall issue a privilege license to the
applicant.
6
(F) A license issued pursuant to this section shall be revoked by
action of the County Manager if the 'County Manager determines
that:
(1) The licensee has violated any provisions of this
ordinance; or
(2) The licensee, or any agent of the licensee, employs or
permits to be on the premises of the applicant's massage
business any person practicing the business or profession of
massage who has not been issued the privilege license
required by Section 1-4 hereof, or whose license under
Section 1-4 has been revoked; or
(3) The licensee, or the legal or beneficial owner of any
interest in the licensee is convicted of any crime listed in
Section 1-3 (B) (3) of this ordinance; or
(4) Any employee of the licensee is convicted of any crime
listed in Section 1-3 (B) (3) of this ordinance; or
(5) The licensee violates any zoning, building or fire
prevention ordinance; or
7
(6) The licensee is guilty of fraudulent, false, misleading
or deceptive advertising, including the use of the term
"massage" to describe, promote or advertise any type of
business activity or service which is prohibited by this
ordinance or which is not massage as defined in this
ordinance.
• (G) A license issued pursuant to this section shall be revoked by
• the County Manager if the licensee ceases for thirty (30)
consecutive days "operating a massage business" at the location
required to be stated in the application for license pursuant to
subsection (8) (2) of this section.
(H) Any person whose application for a license is denied by the
County Manager pursuant to subsection (D) of this section or
revoked pursuant to subsection (F) or (G) of this section may •
appeal such decision to the Board of County Commissioners. An
appeal is taken by filing written notice of such appeal with the •
Clerk to the Board of County Commissioners within ten (10) days
following the date of the decision. The Board of County
• Commissioners shall set the appeal for hearing in the manner
provided by Section 1-7 of this ordinance. The Board may affirm,
modify or reverse the County Manager's decision.
8
••
Sec. 1-4. Licensing of massage practitioners.
(A) No person shall engage in the business or profession of
massage unless such person shall have first applied for and
received the privilege license provided by this section.
(B) The application for the license required by this section
shall be upon a form approved by the County Manager and shall be•
filed with the Clerk to the Board of County Commissioners. Such
application shall be given under oath and shall contain the
following information:
(1) The name, age, and residence address of the applicant;
and
(2) A complete statement of the previous business or
occupation of the applicant for the two (2) years
immediately preceding the date of application, including any
massage establishment experience; and
(3) A complete statement of all convictions of the applicant
for any crime listed in Section l-3 (B) (3) of this ordinance;
(4) A complete statement of any revocation of any license
granted by any governmental unit to the applicant to engage
in the business or profession of massage; and
9
•
•
(5) The date and place of the applicant's birth, the names
of the applicant 's parents and the residence address or
addresses of the applicant, for the five (5) years
immediately preceding the date of application.
(C) The applicant shall submit as part of the application
required in subsection (B) hereof, the following:
(1) Fingerprints of the applicant taken by the Orange County
Sheriff's Department; and
(2) Two (2) recent photographs of the applicant's head and
shoulders, of a size and quality prescribed by the County
Manager; and
The information required by this subsection shall be
provided at the applicant's expense.
(D) The Clerk to the Board of County Commissioners shall transmit .
a copy of the application to the Sheriff for an investigative
report. The Sheriff' s Department shall, within a reasonable
time, not to exceed forty-five (45) days, report the results of
its investigation to the Clerk to the Board of County
Commissioners.
10
_ _
(E) An application in proper form shall be submitted to the
County Manager together with all reports required by this
section. The County Manager shall approve such application if
such officer determines:
(1) That the applicant is at least eighteen (18) years of
age; and
(2) The application contains no misstatement of fact; and
(3) The applicant has not been convicted of any crime listed
in Section 1-3 (8) (3) of this ordinance; and
(4) The applicant has not, for the three-year period
preceding the application, had a previously issued license
for engaging in the business or profession of massage
revoked; and
(5) The applicant has not been previously convicted of any
violation of any provision of this ordinance.
(F) Opon approval of the application by the County Manager, and
upon receipt of a fifty dollar ($50.00) license fee, subject,
however, to the provisions of Section 1-11, the Collector of
Revenue shall issue a privilege license to the applicant.
11
•
(G) A license issued pursuant to this section shall be revoked by
action of the County Manager if the County Manager determines
that
(1) The licensee has violated any provision of this
ordinance; or
(2) The licensee has been convicted of any crime listed in
Section 1-3 (B) (3) of this ordinance; or
(3) The licensee is guilty of fraudulent, false, misleading
or deceptive advertising, including the use of the term
*massage" to describe, promote or advertise any type of
business activity or service which is prohibited by this
ordinance or which is not massage as defined in this
ordinance.
(H) Any person whose application for a license is denied by the
County Manager pursuant to subsection (E) of this section or
revoked pursuant to subsection (H) of this section may appeal
such decision to the Board of County Commissioners. An appeal is
taken by filing written notice of such appeal with the Clerk to
the Board of County Commissioners within ten (10) days following
12
the date of the decision. The Board shall set the appeal for
hearing in the manner provided by Section 1-7 of this ordinance.
The Board of County Commissioners may affirm, modify or reverse
the County Manager's decision.
Sec. 1-5. Employer to use only licensed employees.
No person licensed under Section 1-3 of this ordinance shall
allow or permit any person to massage or treat any person upon
the premises operated by the licensee unless the person giving
such massage or treatment is licensed under Section 1-4 of this
ordinance.
Sec. 1-6. Posting of license.
(A) Every massage practitioner shall post his or her massage
practitioner license where he or she is carrying on the business
of massage. If the license cannot be posted, then the massage
practitioner shall have the license in his or her actual
possession at the time of carrying on the business of massage.
(B) Every person licensed under Section 1-3 of this ordinance
shall display such license conspicuously at the place where the
massage business is carried on.
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•
Sec. 1-7. Notice and hearing.
Before the County Manager revokes a license issued pursuant to
this ordinance, or before the Board of County Commissioners
considers an appeal, pursuant to Section 1-3 or Section 1-4 of
this ordinance, from a decision of the County Manager denying an
application for a license, the Manager or the Board as the case
may be shall cause a written notice to be sent by certified mail•
to the licensee affected or applicant affected, •at the address
stated in the license or application. This notice shall advise
the affected party of a right to appear before the Manager or the
Board as the case may be, with or without legal counsel, at a
stated time and place, for the purpose of presenting any evidence
relevant to such revocation or denial, and for the purpose of
hearing all evidence submitted and examining or cross-examining
any person providing such evidence.
Sec. 1-8. Hours of operation.
(A) No person licensed as a massage practitioner under Section 1-
4 of this ordinance shall massage or treat any person or engage
in the business or profession of massage, before 8:00 a.m. or
after 10:00 p.m. , prevailing time. -
(B) No person licensed under Section 1-3 of this ordinance shall
admit customers or prospective customers, or remain open for
14
business, or allow, or permit or condole any massage or treatment
of any person upon the premises before 8:00 a.m. or after 10:00
p.m. , prevailing time.
(C) No person in charge of managing a massage business upon the
premises shall allow, permit, or condone any massage or treatment
of any person before 8:00 a.m. or after 10:00 p.m. , prevailing
time.
Sec. 1-9. Patronage of massage businesses by minors; employment
of minors.
(A) No person licensed as a massage practitioner under Section 1-
4 hereof shall massage or treat any person under the age of
eighteen (18) years, except when the parent or guardian of the
person under eighteen (18) accompanies the person under the age
of eighteen (18) during the massage treatment or upon written
permission of the parent or guardian of the person under eighteen
(18) or upon written order of a licensed physician, osteopath,
chiropractor, podiatrist or registered physical therapist, such
order being dated and in the possession of the massage
practitioner giving the massage or treatment.
(B) No person licensed under Section 1-3 of this ordinance shall
allow, permit or condone the massage or treatment of any person
under the age of eighteen (18) years upon the licensed premises,
15
except when the parent or guardian of the person under eighteen
(18) accompanies the person under the age of eighteen (18) during
the massage treatment or upon written permission of the parent or
guardian of the person under eighteen (18) or upon written order
of a licensed physician, osteopath, chiropractor, podiatrist or
registered physical therapist, such order being dated, and a true
copy of such order being in the possession of the licensee before
administration of any massage or treatment.
(C) No person licensed pursuant to Section 1-3 of this ordinance
shall employ any person under the age of eighteen (18) years in
the operation of a massage business.
Sec. 1-10. Massage of private parts for hire prohibited.
It shall be unlawful for any person to massage or to offer to
massage the private parts of another for hire. "Massage" means
the manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping, applied by hand, arm, foot or mechanical
device. "Private parts" means the penis, scrotum, mons veneris,
vulva or vaginal area.
•
Sec. 1-11. Privilege license annual.
The licenses required under this ordinance are annual privilege
licenses.
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The annual privilege license fee for the second and subsequent
years of continuous operation of a massage business shall be
$15.00. The annual privilege license fee for the second and
subsequent years of continuous practice of a massage practitioner
shall be $10.00. A massage practitioner who is a sole
practitioner and who is not employed as a massage practitioner by
a massage business operates a massage business and shall be
required to be licensed as both a massage business and a massage
practitioner. However, such a sole practitioner shall only be
required to pay the privilege license fees prescribed herein for
a massage business.
Fees for the licenses shall be due and payable in the same manner
as prescribed for other privilege license fees of Orange County
pursuant to the license and privilege tax ordinance of the
County.
Sec. 2.1. Remedies.
(A) Violation of this ordinance is a misdemeanor punishable as
prescribed in N.C. Gen. Stat. Sec. 14-4.
(B) Injunctive Relief:
(1) Whenever the Board of County Commissioners has
reasonable cause to believe that any person is violating or
17
threatening to violate this ordinance or any rule or order
' adopted or issued pursuant to this ordinance, or any term,
condition, or provision of a license issued pursuant to this
ordinance, it may, either before or after the institution of
any other action or proceeding authorized by this ordinance,
institute a civil action in the name of Orange County for
injunctive relief to restrain the violation or threatened
violation.
(2) Upon determination by a court that an alleged violation
is occurring or is threatened, it shall enter such orders or
judgments as are necessary to abate the violation or to
prevent the threatened violation. The institution of an•
action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or
criminal penalty prescribed for violations of this
• ordinance.
Sec. 3.1. Severability.
•
If any provision of this ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such provision shall be deemed a separate,
independent provision and such holding shall not affect the
•
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validity of any other provision hereof, and to that end, the
provisions of this ordinance are hereby declared to be
severable.
Sec. 4.1. Effective date.
This ordinance shall be effective on
Applicants for license under this ordinance shall have sixty
(60) days from its effective date to apply for a license.
• No massage business operator or massage practitioner shall
be deemed in violation of the licensing requirements of this
ordinance during the sixty (60) day period following the
effective date of this ordinance. No massage business
operator or massage practitioner that has made application
for a license within sixty (60) days of the effective date
of this ordinance shall •be deemed in violation of this
ordinance during that license application process through
the point in time of the County Manager's decision on the
application.
19
COLEMAN. BERNHOLZ, DICKERSON,
BERNHOLZ,GLEDHILL 8e HARGRAVE
ATTORNEYS AT LAW
110 CHURTON STREET
HILLSBOROUGH.N.C.27278
919-732-2196
919-942-8000
CHAPEL HILL OFFICE
SUITE 20,FRANKLIN BUILDING
137 E.CHAPEL FRANKLIN August 9, 1985
919-828-7131
ALONZO B.COLEMAN,JR.
STEVEN A.BERNHOLZ
DONALD H.DICE ERSON
•
ROGER B.BERNHOLZ
GEOFFREY E.GLEDHILL
DOUGLAS HARGRAVE
•
ARTIN RRICr n J SN DER JR. Sheriff Lindy Pendergrass
JANE G.a. LISSOVOY a Oran County Sheriff's Department
G.NICHOLAS HERMAN Orange Y s p
LYNN A.ANDREWS E. Margaret Lane
Of Counsel Hillsborough, North Carolina 27278
BONNER D.SAWYER
(1902-1972)
Sylvia Price
Director, Economic Development
Orange County Offices
106 E. Margaret Lane
Hillsborough, North Carolina 27278
Rick Rosen
121 South Estes
Suite 206C
C pel Hill, North Carolina 27514
Ken Thompson
Orange County Manager
106 E. Margaret Lane
Hillsborough, North Carolina 27278
Dear Lindy, Sylvia, Rick and Ken:
Enclosed is a draft ordinance regulating massage
resulting from the July 30, 1985 meeting attended by
all of us and conversations among various.of us since
that meeting. As best as I can determine this draft
contains those provisions deemed essential by the
Sheriff and which are acceptable to Mr. Rosen on behalf
of the massage practitioner community which he
represents.
I have also enclosed •a notice of the August 20,
1985 public hearing which should be published as soon
as possible in the Durham Morning Herald, the Chapel
•
•
• r
•t
i
Sheriff Pendergrass
Ms. Price
Mr. Rosen
Mr. Thompson
If Page Two
August 9, 1985
Hill Newspaper and the News of Orange County. Mr.
Thompson, please take care of the publication. In so
doing request an affidavit of publication from each
newspaper.
Very truly yours,
'wr 4. a Gledhill
GEG/lsg
Enclosures
cc: Don Willhoit\y
•
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
-Managet'l qt. E.,tatisfied 7752
August 14, 1985
To Orange County Massage Therapists:
Enclosed please find the revised Resolution and Ordinance concerning
massage and massage establishnents, which, if adopted by the Orange County
Board of Commissioners will apply to those areas of the County which are not
within municipal boundaries.
• The Resolution and Ordinance will be considered at a public hearing
scheduled for August 20, 1985, at 7:30 p.m. in Chapel Pill at the Old Ebst
Office (A copy of the notice of the hearing, which is being published in the
newspapers, is also enclosed.) The operating procedures of the Board of
Commissioners provide that an item should not be considered for decision at the
same fleeting as the public hearing, so that the earliest date for,decision
would be at the regular meeting of the Commissioners scheduled for September 3,
1985.
The Ordinance has been amended in the light of comments received by the
Board when the previous version was discussed on June 18, 1985. The Ordinance
has been revised in the following aspects:
(1) Those persons administering massage are referred to throughout as
'massager practitioners'.
(2) Scope (Section 1-2). A sentence has been added recognizing that
the therapeutic application of massage is one of the oldest heal-
ing arts, and can provide many benefits.
(3) Licensing of Massage Practitioners (Section 1-4). All references
to "health" certification and procedures therefor have been
removed.
(4) Fees (Sections 1-3E, 1-4F and 1-11). The proposed fee structure
provides for initial fees of $75 for massage business operators
and $50 for massage practitioners, with annual fees for the
second and subsequent years being $15 for operators and $10 for
practitioners. A sole practitioner shall only be required to pay
the privilege license fees prescribed for a massage business
operator.
(5) Grounds for License Revocation (Sections 1-3E1(6) and 1-4G(3)).
These added sections make more explicit the grounds for revoca-
tion of the license.
(6) Punting of License (Section 1-6). Clarification.
(7) Hours of Operation (Section 1-8). The "closing" time has been
changed from 12:00 midnight to 10:00 p.m.
(8) Patronage by Minors (Section 1-9). Clarification.
I believe that the changes made not only clarify some sections, but have
achieved a working balance between the needs of legitimate massagists to
practice and the needs of law enforcement in combatting criminal activities.
The Board of Commissioners will be glad to receive your comments either in
writing or in person at the Public Hearing on August 20.
Sincerely,
Kenneth R. Thompson
County Manager
KRT/srs
cc: Board Members
ENCLOSURES
025
ORANGE =CY
BaIRD OF CCMMISSIONERS Action Agenda
ACTION AGE/VA fl Et4 ABSTRACT Item No. F
Meeting Date: AUGUST 20, 1985
SUBJECT: TAINSTHATER COLLECTION AN) PURCHASE CONTRACT
DEPARTMENT: COUNTY MANAGER PUBLIC BEARING: Yes JLN0
ATIMCIRENT(S): INFORMATION CONTACT: MANAGER'S
OFFICE, X501
TELEPHONE NUMBER:
Hillsborough - 732-8181
YES Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider authorizing execution of the Efland/Cheeks Waste-
water Collection and Purchase Contract with the Town of
Hillsborough.
NEED: On July 8, 1985 the Tbwn of Hillsborough reviewed and approved
the final revisions of the Wastewater Collection and Purchase
Contract. Although the provisions of the contract have been
approved, the Town has requested a project map identifying the
191 customers in the sewer service area that have signed sewer
connection agreements. Copies of the map will be forwarded to
the Tbwn as soon as it has been completed.
For the Board's information a meeting was held with Farmers Home
August 13, 1985 to establish further dates for project action.
While the full timetable is attached we have proposed the
following calendar for the Division of Environmental Management
to approve:
November 15, 1985 Final plans, specifications and
bid documents to be conpleted.
April 1, 1986 Begin construction.
August 7, 1986 Connect Efland Cheeks School and
cease all discharge into the sur-
face waters of the State.
IMPACT: Execution of the contract will enhance the timely implementation
of the sewer system.
RECOVIENDIVIION(S):
Authorize Chair to sign Wastewater Collection and Purchase
Contract with the Town of Hillsborough.
. .
- 0.
03 - . .
Form BOA NC 442-13
Public Body
(9-10-84) • UNITED STATES DEPART OF 111JRICULTURE
FARMERS HOME POUXISTRATICN
. • .•
(PUBLIC BODY') -
. -- --:-
•
- - -
. . .. . _ _.. -- --- -•------ . -
•
NAME OF APPLICANT - --- . . ... (PETCE
.. . .
ORANGE COUNTY 106 EAST MARGARET LANE HILLSBOROUGH a=4010 Z 0 ,
. . _
. - -
NAME OF PRWECT WASTE COUNTY ORANGE MIA DISTRICT 6
IT MI FILE FORM; GUIDE PREPARED MR= •. z
NO. DOCUMENT OR 2141117a41 -• POS. OR REFER. BY DATE IN:, .
Notification of Intent to
1 Apply for Assistance 3 CH-1 APP1.
State Clxnghse. comments w/ . • • • •
2 Historic Pres. Officer revw. 3 • CH '1/28/83
.
Application for Fed. Assist.
3 (PreaPP1iCation) 3 AD 621/SF 424 Aptml. 1/28/83
• •
4 Tax ID Number AD 621/SF 424 Appl.
' 5 • Balance Sheet -- — REA 442-3 Apra.
.
RIGA Guide - -
. .
6 Project-Selection Criteria -- - ---26/Part-3. DO-
•_ . EWA Inst. 2033-F
7 Tracking Information - - • •RCPIS #1 1X)- .
Evidence of Nonavailability - •
8 Other Credit(Certification) - -3 -• .1942.17 -4b)(2) Appl. • 2/23/83
Eligibility Determination &
9 Remmnamiations -- - 3- 1942.2(a)(1)(i) DO 2/4/83
Preliminary.Eng/Arth
. 10 Report (FeasibilitY-RePort) - -6 - ,-FmHA Guide 5-10 Eng/Arch 1/28/83
Environmental Checklist for --. .
U Categorical. Exclusions -- -3-- - • •FmHA 1940-22 DO
Request for Environmental . .
12 Inform/tie' n , 3 BAIA 1940-20 Appl. .
_
• . Environmental Assessment for .
13 Class I Action 3 MBA 1940-21 , DO
Environmental Assessment for RCA 1940-G - •
14 Class II Action 3 Ex)). 1i DO .
,.,
• '- '
•
, .. .
• .
**constxuction file . •
***always retain in servicing file
• •
•
•
1.0.3............--
• •
031
APPLICATION PHASE
ITEM FILE FORM, GUIDE PREPARED TAMET DATE
NO. DOCUMENT OR ACTION POS. OR REM. BY DATE R .
15' Authorization.to Process 3 Memo SO 2/28/83
Notice of Preapplication
16 Review Action 3 AD 622 DO 3/3/83
17 Apeli.caticm C7onference 3 DO 3/16/83
Confirmation Letter i Rn Inst.
18 (•application conference) 4 1 1942-A(c)(3) •• DO
• Application for Federal
19 Assistance(Application) 3 1 AD 624/SF 424. Appi.
Agreement for Engineering FtnHA NC 442-19 1 '
20 Services-Median Fee Schd. 6 EmHA 442-19 Eng. I 7/12/84
21 Legal Services Agreement 5 Baia Guide 14 ; Atty. 7/12/84
Water Purchase/Waste
' • • ' 22 Treatment Contract 5 Ftn 442-30 Atty &Eng 1 _ 8/20/85
• 23 AuditReport(Latest) 8 • Aga. • _4.7/12/84
Certifications re: Org. &
24 Fond Restriction 5 1942.17(k) Atty.
.Copy of_Presett. .. ' • •
25 0MarallBudget "I 3 - - . Apps. , 7/12/84
. Ce tificatiian of COmpliance •
26 Local-4 MUnici pal Req. 3 1942.17(k) App1. 7/12/84
27 Development Grant.Summary 2 19-42781 , DO
_ _ '. '. ' F1nHA 1942--45
28 Project,Summary 3 HnBA 442-43 DO 7/26/84 -
29 Operating Budget 3 BnHA 442-7 DO 9/3/85
30 Fund Analysis 3 MnHA 442-14 DO 1 7/26/84
31 Letter of Conditions(Draft) _ 3 1942.5(a)(1) DO 7/26/84
Ala Budget Amendment to Set Aside Local Funds 8/20/85
• SUBMIT TO STATE OFFICE
• DOCKET PHASE
Review By C e Chief &
32 PS Staff 3 1942.5(a)(2)(3) SO 9/4/84
Conference to Discuss Run
33 • letter of Ccmditions Rec. DO 9/13/84
• Application to Local Gov. •
34 • Ca"n ssion for Bonds • Atty. 9/17/85
Applicant conducts Bond .
35 Referendum 5 Atty.
Load Resolution ***
36 (Public Body) 5 S FUHA 442-47 Atty. 11/2/84
Assoc. Water or Sewer
37 System Grant Agreement . . 5 Eh'HA 1942-31 Atty. 11/2/84
*** Always retain in Servicing Fife. _
032
ITEM FILE FORM GUIDE I.BETARED w, -.el- DATE
NO. DOCUMENT OR ACTION POS. OR REFER. BY _ DATE REC.
38 Equal cpportunity Agreement 5 EMRA 40071 Atty. 11/2/84
...............01.
39. Assurance Agree lent 5 BUM 400-4 Atty.
Letter of Intent to
'0 Meet COnditions .3 BnHA 442-46 •t- . 9/13/84
• Request for Obligation
• 41 GC Funds 2 BMA 1940-1 DO 9 13/84
41a, .etterigliNgice .to.Property.Owners.to Begin Accumulat. g
111111111 9/25/85
Certified list of officers &
42 Directors & Terms of Office 5 ,.. . 9129/84
• Option(s) to purchase
43 Real Property 5 Rua 440-34 Atty.
Survey Plats of Land to be
44 .•• 'red or Mortgaged 5
Approval of well or treatment
45 sites by Regulatory Agency 6 -.. ..
Appraisal Report - Water &
. 46 Waste Disposal. System 6 EMRA 442-10 SO
47 Rules & Regulations 3 S*** NC (bid e 3 Al. 11[7/a5
Proposed Agrmnts.- Planagement
48 Auditing & Accounting 7 1942-17(g) ' ., • . .
Review of Accounting and
49 Auditing Procedures 7 D.O.
Evidence of Commitments
',_ 50 from other Agencies 2 1942.17(n)(5) Ama.
51 Sedimentation Control Plan 6 Rag/Arch
52 Evidence of Flood Insurance 6 1942.18(c)(1) Rag/Arch
Final Plans, Specifications
53 and Bid Documents 6 C 1942-A, App. B Rag/Arch 11/15/85
10/1 to
54 Right-of-Way Map 5 Eng. 11/15/85
Review and Approval of
55 4:f. - -4 6 Resolution • ty, • 2/4/85
56 ,t, • - of Final Plans 111111 Memo SO 1 /15/85
Approval of Final Plans by
57 • . - • '0- cies ME NC Guide 4 Rag. 12/15/85
Certification of Compliance
58 by EPA (Div. of Envir. Mgt.) 6 NC Guide 5 Rag. NA .
Hwy, Railroad & Utility
59 Encroachment Ri.1 ts 5 Rag. 11/15/85
60 Ri. t-of-va Easements 5 Embik 442-20 Atty. 1/15/86
Attf..
61 Ri•ht-of=Way Certificate 5 EmHA 442-21 1/21/86
62 Preliminary Title Opinion 5 RuHA 427-9 Atty.
Opinion of Counsel
63 Relative to RI.. te-0f-wa 5 BnHA 442-22 Atty. 1/21/86
1942.17
64 Plan for Timely User Connection 8 (h)(2)(iii) APPL__ 1/21/86
65 Bond Authorization Certificate 5 NC Guide 10 At • 1111111111 /21/86
*** Always retain in Servicing File
033
ITEM FILE FORM GUIDE PREPARED mil= DATE
NO. =BENT OR ACTION POS. OR REFER. BY DE REC..
66 --. --t Clos* • Instructions 1111111 Memo SO 1/21/86
SUBMIT TO STATE OFFICE
Authorization Given to
67 Advertise and Receive Bids 6 Memo SO 2/1/86 I
68 Bid 0.- in- MIMI 1942-A, Ap.. B En .
69a Bid Award NIMI1111101111111111amimm 3 3 86
Submit Bid Tabulations
69 & Recamaaridations to SO 1942-A ' !.... : DO 3'4 86
Fund Analysis
70 (Reviled-Based on Bids) INIIII MBA 442-14 DO 3/4 86
Construction Contracts 111111 EWA Gde 17/19
71 -.. - eted and executed & 18 NC Gde * '0. -. 3 18 86
EXecuted Construction Contracts 111111
72 submitted to SO for ' ..,,... •,- -DO 3 '19 86
• 73 Conourrence.in Contract Awards NI Memo SO 3 26 86
Approval water isic mi....mmn
74 ConstructilmatWeLt; IIIMIMIIIIIIIIIIIIIPIIIIIIIII .. .
75 0..... . of HUman Resources
76 CanplianceRevime pill EMHA 400-8 DO
77 Record of Pre-Oanst. Conference NC Gde 12. r0. •. 4/1/86
78 Obtain Interim Credit 1942.17(n)(2) Appl. 5/1/86
Certification concerning
79 FidelitY Bond & Insurance 7 1942.17(j)(3) Apra.
80 Nctice to Proceed w/ Constr. C Memo D. ••. 4/1/86
IIIIIIIIIIIIIIIIIIIIIIIII -
SUBMIT TO STATE OFFICE
81 Pre Loan Clos - Review 3 Run. Record DO
MBA submits offer to
82 to • 1 .. - - bonds 4 Memo SO
• 83 Request Loan heck - 2 BnBA 440-57 SO
84 Evidence of bills' .. to date 6 1942.17(n)(2) . .t.l.
Bond
85 Transcript_of Bond_Proceedings Trans 1942-ApApp. C
Jacket NC ....4•. C At .
Bonds purchased by 2MEA-S0
86 & transmitted to FO 4 Memo SO
_
87 Final Title Cpinion(Narrative) 5 Clsng. Inst. Atty. .
88 Deposit Agreement 2 2MBA 402.1 DO
Statement of Deposits
89 and Withdrawals C Fm.HA 402.2 DO •
F. . • -
** Construction File
034
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date August 20. 1985
Action ende
ter
SUBJECT: PINEVIEW ROAD/PINEVIEW DRIVE PPP ASSESSMENT ROLL Item1
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact : SUSAN SMITH
LOCATION MAP
GENERAL STATUTES 153A-185
THROUGH 205
Telephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hitt — 968-4501
PURPOSE: To reconsider confirmation of the Assessment Roll for the
Pineview Road/Pineview Drive PPP project .
NEED: A public hearing on the Preliminary Assessment Roil for the
Pineview/Pineview Drive was held on August 5, 1985. Mrs.
Mattis O'Neal, owner of Lot 5 Tax Map 115A expressed concerns
about her inability to pay the assessment and about the paving
of Sesame Road listed as #3 on the 1985-87 Priority Paving
list .
The Board deferred decision and directed that this matter be
addressed .
IMPACT: Participatory Paving Program
projects are considered by the
Board in three phases. Phase I is the approval of the Petition
for participation in the program. General Statutes 153A-205 C)
requires that prior to financing the improvements to a
subdivision or residential street through an assessment program
a petition for the improvements must be signed by 75% of the
owners of property to be assessed who must also represent at
least 75% of the lineal feet of frontage to be improved. A
petition submitted to the Board and accepted on June 3, 1985
was signed by 81% of the property owners who accounted for 78%
of the Lineal frontage.
035
Page Two
PINEVIEW ROAD/PINEVIEW DRIVE
August 20, 1985
Phase 2 is the public hearing on and approval of the Assessment
Resolution. General Statute 153A-190 requires that where the
Board decides to finance a project, it shall adopt a
Preliminary Assessment Resolution containing, among other
things, a statement of intent to undertake the project and a
statement as to the proposed basis for making assessments . The
Assessment Resolution for this project was submitted to public
hearing on June 18, 1985 and adopted by the Board on that same
date. All affected property owners were notified of the public
hearing. No comments on the Assessment Resolution were
received at the public hearing . Following approval of this
document of intent to finance, the local share was forwarded to
the N.C. Department of Transportation .
Phase 3 is the public hearing on and confirmation of the
Assessment Roll . General Statute 153A-194 requires the
preparation of and public hearing on an Assessment Roll
following determination of the cost of a project . The
Assessment Roll is prepared upon information available from
county tax records.
Mrs. O'Neal 's lot is the first Lot off Sesame Road and cannot
be excluded from assessment . Her drive accesses directly onto
Pineview Drive. Mrs. Mettie O'Neal signed a preliminary
petition , but not the approved petition for the project . Her
daughter verified that she had received the notice of public
hearing on the Assessment Resolution, but did not act upon that
notice.
In response to Mrs. O'Neal 's request for assistance the
community has indicated that there are other individuals in the
community who are are in a similar or more critical financial
position . Concern was also expressed regarding a single
individual, at this point in the proceedings, holding up a
project that would benefit the entire community.
RECOMMENDATION: As the Board decides.
If the Board decides to confirm the Assessment Roll , the
Certificate of Mailing must be accepted and the Tax
Collector directed to collect the assessment .
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037
§ 153A-177 CH.153A.COUNTIES § 153A-186
county t commissioners to secure bonds issued to execution of the mortgage without waiting
build a courthouse would be void,and equity until foreclosure is threatened.Vaughn v.Com-
would enjoin foreclosure thereunder, a missioners of Fotsyth County,118 N.C.636,24
taxpayer may bring an action to restrain the S.E.425(1896)•
0.-t.; 't
§ 153A-177. Reconveyance of property donated to a local
government.
If real or personal property is conveyed without consideration to a county,
•
city,or other unit,of local government to be used for a specific purpose set out
in the instrument of conveyance and the governing body of the county,city,or
other unit of local government determines that the property will not be used
- for that purpose, the county, city, or other unit of local government may
reconvey the property without consideration to the grantor or his heirs,
assigns,or nominees.Before it may make a reconveyance,the county,city,or
other unit of local government shall publish once a week for two weeks notice
of its intention to do so. (1937, c. 441; 1973, c. 822, s. 1.)
§§ 153A-178 to 153A-184: Reserved for future codification purposes.
ARTICLE 9.
Special Assessments.
§ 153A-185. Authority to make special assessments.
A county may make special assessments against benefited property within
,i the county for all or part of the costs of
• (1) Constructing, reconstructing, extending, or otherwise building or 7.
• improving water systems;
t ..1r '- - (2) Constructing, reconstructing, extending, or otherwise building or
,. improving sewage collection and disposal systems of all types,includ-
ing septic tank systems or other on-site collection or disposal facilities
or systems; or otherwise build-
(3) Acquiring,constructing,reconstructing,extending,
ing or improving beach erosion control or flood and hurricane pro-
tection works;
�t . ' (4) Constructing, reconstructing, paving,widening, installing curbs and
z gutters,and otherwise building and improving streets,as provided in
�ir•A--$ , ' G.S. 153A-205.
A county may not assess property within a city pursuant to subdivision(1)or
(2) of this section unless the governing-board of the city has by resolution
approved the project. (1963,c. 985, s. 1;1965, c. 714; 1969,c.474,s. 1; 1973, �.
, ; c. 822, s. 1; 1975, c. 487, s. 1; 1979, c. 619, s. 11.)
Cross References.—As to applicability to authorities established pursuant to Chapter
{` assessments levied by water and sewer 162A,Article 1,see G.S.* 162A-6.
_
§ 153A-186. Bases for making assessments.
(a) For water or sewer projects, assessments may be made on the basis oft
(1) The frontage abutting on the project, at an equal rate per foot of
frontage;or
(2) The street frontage of the lots served,or subject to being served,by the
• project, at an equal rate per foot of frontage; or
V
58
kh
ip .
.e' _ :
t•-• j • - '
r• - *` s
' .s++.1ts+ ` Y ) '' - ..r "I ,S' rPta 21 tiwr,'. j'^*{ . e St ,5r 7.fr x' L kr i. a
:
' •rr .: Iry rr : Z 7.it. i;� t . r VaLc.r.
038
§ 153A-189 CH. 153A.COUNTIES § 153A-191 § 153A-
assessments by a city under G.S. 160A-222. (1963,c.958,s. 1; 1973,c.822,s. § 153
1.)
T § 153A-189. State participation in improvement projects. At the i,
persons
If a county proposes to undertake a project that would benefit land owned by assessme.
the State of North Carolina or a board. agency,commission,or institution of • assessme
the State and to finance all or a part of the project by special assessments,the undertak-
board of commissioners may request the Council of State to authorize the State general t-
to pay its ratable part of the cost of the project,and the Council of State may nary res.■
authorize these payments.The Council of project, may authorize the Secretary (1)
of Administration to approve or disapprove requests from counties for payment
pursuant to this section,but a county may appeal to the Council.of State lithe .
Secretary disapproves a request. The Council of State may direct that any (2)
payment authorized pursuant to this section be made from the Contingency :li
• and Emergency Fund of the State of North Carolina or from any other avail- (3) TII
• able funds.Except as State payments are authorized pursuant to this section, --
state-owned property is exempt from assessment under this Article. (1973, C. The perce?
822, s. 1; 1975, c. 879, S. 46.) proposed r
• rued be r
•. * § 153A-190. Preliminary resolution; contents. board de that pro.
Whenever the board of commissioners decides to finance all or part of a should be
proposed project by special assessments, it shall first adopt a preliminary and adv
assessment resolution containing the following: Article.
(1) A statement of intent to undertake the project;
(2) A general description of the nature and location of the project; § 153A.-
A statement as to the proposed basis for making assessments, which When a
shall include a general description of the boundaries of the area bene- ..,. ,
fited if the basis of assessment is either area or valuation; projects t•
(4) A statement as to the percentage of the cost of the work that is to be " " d r during c .
specially assessed; during co
: -•?'; (5)'A statement as to which,if any,assessments shall be held in abeyance mailing
y a project i.•
- and for how long; •
(6) Aanstatement as to the proposed terms of payment of the assessment; § 153A-1
(7) An order setting a time and place for a public hearing on all matters When t.l
covered by the preliminary assessment resolution.The hearing shall sioners ah.
be not earlier than three weeks and not later than 10 weeks from the contain a if
day on which the preliminary resolution is adopted. (1963,c.985, s. for the ass!
1; 1965, c. 714;.1973,C. 822,S. 1.) and the n-I
:, ; ascertain,,
;.--•:.;.
§ 153A-191. Notice of preliminary resolution. each lot, .l
i assessed a:
. '.. At least 10 days before the date set for the public hearing, the board of , from the c?
commissioners shall publish a notice that a preliminary assessment resolution After th;
has been adopted and that a public hearing on it will be held at a specified time cause the .�
1 and place.The notice shall describe generally the nature and location of the public insp:
• improvement.In addition,at least 10 days before the date set for the hearing, roll.At Ie;1
the board shall cause a copy of the preliminary assessment resolution to be a notice th
mailed by first-class mail to each owner, as shown on the county tax records, • shall descr'!
1 •- ! of property subject to assessment if the project is undertaken. The person is avail abl:I
designated to mail these resolutions shall file with the board a certificate roll.In add
• stating that they were mailed by first-class mail and on what date. In the shall cause i
• absence of fraud,the certificate is conclusive as to compliance with the mailing of property
requirements of this section.(1963,C.985, 1;1965,c.714;1973,c. 822,s. 1.) of the heari
r. 60 - -
•
.�✓+',. -; '.'"11'-.1:.'' ys., .n ft C 1 7 `.It* ,k t,+.' k., ty� 44.5tf^ ,w i ms. .1 `'t
',, ' ' .' . .�' . ,• 'in -'' ... d 4 .v . ;.,.Aas „ ,. .':? .::"# �c:..l.4 w 4. • s_ .7. "n ;
. 039
a 153A-191 ii 153A-192 cH.153A.COUNTIES § 153A-194•
•
c.822,s: § 153A-192. Hearing on preliminary resolution;assessment . 1
resolution. .
ejects. At the public hearing,the board of commissioners shall hear all interested •
persons who appear with respect to any matter covered by the preliminary i
ad owned by assessment resolution. At or after the hearing, the board may adopt a final
aitution of assessment resolution directing that the project or portions thereof be j
;.menu,the undertaken. The final assessment resolution shall describe the project in
ixe the State general terms(which may be by reference to projects described in the prelimi-
if State may nary resolution) and shall set forth the following:
ie Secretary (1) The basis on which the special assessments will be made,together with
for payment a general description of the boundaries of the areas benefited if the
• State if the basis of assessment is either area or valuation;
ct that any (2) The percentage of the cost of the work that is to be specially assessed; -
, ontingency and . f
other avail- (3) The terms of payment, including the conditions, if any, under which '
'this section, assessments are to be held in abeyance.
r le.(1973,c. The percentage of cost to be assessed may not be different from the percentage .,
proposed in the preliminary assessment resolution,nor may the project autho- {; _
i
rized be greater in scope than the project described in that resolution.If the i
board decides that a different percentage.of the cost should be assessed than ( i
that proposed in the preliminary assessment resolution, or that the project
or part of a • should be greater in scope than that described in that resolution,it shall adopt '
preliminary and advertise a new preliminary assessment resolution as provided in this
Article. (1963,c. 985, s. 1; 1965, c. 714; 1973,c. 822,s. 1.)
reject; § 153A-193. Determination of costs.
gents, which When a project is complete,the board of commissioners shall determine the
e area bane- project's total cost. In determining total cost, the board may include con- l
in; struction costs,the cost of necessary legal services,the amount of interest paid - �!!t'
that is to be during construction, the cost of rights-of-way, and the cost of publishing and I
mailing notices and resolutions.The board's determination of the total cost of 1
in abeyance • a project is conclusive. (1963, c. 985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.)
assessment; § 153A-194. Preliminary assessment roll; publication.
all matters When the total cost of a project has been determined,the board of commis- ' i
sioners shall cause a preliminary assessment roll to be prepared.The roll shall
Baring shall P P p
•eks from the contain a brief description of each lot,parcel,or tract of land assessed,the basis �
:63,c. 985,s. • for the assessment,the amount assessed against each,the terms of payment, •
and the name of the owner of each lot, parcel, or tract as far as this can be
u
ascertained from the county tax records.A map of the project on which is shown
each lot, parcel, or tract assessed, the basis of its assessment, the amount i
assessed against it,and the name of its owner as far as this can be ascertained ,
from the county tax records is a sufficient assessment roll.
•
the board of After the preliminary assessment roll has been completed,the board shall '
-pet fiedtime cause the roll to be filed in the clerk's office, where itshallbe available for 1 i`'
.cation of the public inspection,and shall set the time and place for a public hearing on the
roll.At least 10 days before the date set for the hearing,the board shall publish
the hearing, 7 -�
:caution to be a notice that the preliminary assessment roll has been completed.The notice
y tax retards, shall describe the project in general terms,note that the roll in the clerk's office •• j d
The arson is available for inspection,and state the time and place for the hearing on the ;
a certificate ficate roll.In addition,at least 10 days before the date set for the hearing,the board F -47•
date. In the shall cause a notice of the hearing to be mailed by first-class mail to each owner :..0
h the mailing of property listed on the roll.The mailed notice shall state the time and place
3,c.822,s.1.) of the hearing,note that the roll in the clerk's office is available for inspection, a 4��
61
. E
• •
j
,�, 5' q,. f' ,,•; • :• `S '-, , v Mi f ?..!,1r Ft• a•
t4'•k �°- ''„ f: �h � .� L. • i " .•h. F.' +. rX fJ•�� fl of,P.• iC�`�.I '�F, .,.fir �,� "4 i,
}E M - 'a 1 4
040
•
§ 153A-195 . CH.153A.COUNTIES § 153A-197 § 153
and state the amount as shown on the roll of the assessment against the
§ X53•
property of the owner. The person designated-to mail these notices shall file Whe
with the board a certificate stating that they were mailed by first-class mail has oc
and on what date. In the absence of fraud, the certificate is conclusive as to • board
compliance with the mailing requirements of this section. (1963,c.985, s. 1;
1965,c. 714; 1973,c.822, s. 1.) additio
- assess 1:
§ 153A-195. Hearing on preliminary assessment roll; . comp.
• revision; confirmation; lien. has th=
1; 196 .
At the public hearing the board of commissioners shall hear all interested
persons who appear with respect to the preliminary assessment roll.At or after § 153
' the hearing, the board shall annul, modify, or confirm the assessments, in
whole or in part,either by confirming the preliminary assessments against any
lot, parcel, or tract described in the preliminary assessment roll or by With
cancelling,increasing,or reducing the assessments as may be proper in compli- roll is
ance with the basis of assessment.If any property is found to be omitted from
the preliminary assessment roll,the board may place it on the roll and make paid i
the proper assessment.When the board confirms assessments for a project,the portion
clerk shall enter in the minutes of the board the date, hour, and minute of nnual i
confirmation.From the time of confirmation,each assessment is a lien on the wheth2
property assessed of the same nature and to the same extent as the lien for instal:.
county or city property taxes, under the priorities set out in G.S. 153A-200. installr
After the assessment roll is confirmed,the board shall cause a copy of it to be (1)
delivered to the county tax collector for collection in the same manner(except
as provided in this Article)as property taxes. (1963, c. 985,s. 1; 1965,c. 714;
1973, c. 822, S. 1.) -
(2)
' Cross References.—As to meaning of term .
"county tax collector,"see G.S.li 162A-6. - .4 .t
§ 153A-196. Publication of notice of confirmation of as- '
. sessment roll. - § 153 '
No earlier than 20 days from the date of the assessment roll is confirmed,the -
county tax collector shall publish once a notice that the roll has been confirmed. - (a) i
The notice shall also state that assessments may be paid without interest at da
any time before the expiration of 30 days from the date that the notice is Y th-
•••*'.1 published and that if they are not aid within this time, all installments - . paid, bi
thereof shall bear interest as determined by the board of commissioners.(1963,
maxim.y
c. 985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.) (b) I'
alloft
Cross References.—As to meaning of term board o
"county tax collector,"see G.S.§ 162A-6. and pe
intere .�
§ 153A-197. Appeal to the General Court of Justice. • - the fe i
and re
If-the owner of,or any person having an interest in,a lot,parcel,or tract of have b:
. land against which an assessment is made is dissatisfied with the amount of (c) A
the assessment,he may,within 10 days after the day the assessment roll is by law
confirmed, file a notice of appeal to the appropriate division of the General sale ce
Court of Justice_He shall then have 20 days after the day the roll is confirmed after 31
1 'J-, - to serve on the board of commissioners or the clerk a statement of facts upon judgme
which the appeal is based.The appeal shall be tried like other actions at law. assess I
(1963, c. 985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.) - federal'
•' 62 .
f !E . '
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+ . f. i4 ,, ,ii ,y,t .. -, r ; S s f 1 .t { cJio. . yr
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041 •
02 • § 153A-203 CH.153A.COUNTIES § 153A-205
•
.
,al ,� § 153A-203. Lien in favor of a cotenant or joint owner ,i
he • paying special assessments.
Any one of several tenants in common or joint tenants (other than copart-
ti Hers) may pay the whole or any part of a special assessment made against
63 property held in common or jointly.Any amount so paid that exceeds his share 1 •{
of the assessment and that was not paid through agreement with or on behalf 4
• of the other joint owners is a lien in his favor upon the shares of the other joint i t
owners.This lien may be enforced in a proceeding for actual partition,a pro-
• seeding for partition and sale,or by any other appropriate judicial proceeding.
to
This lien is not effective against an innocent purchaser for value until notice
of the lien is filed in the office of the clerk of superior court in the county in i `1
Ail which the land lies and indexed and docketed in the same manner as other
aer liens required by law to be filed in that clerk's office. (1963,c.985,s. 1;1965,
re c. 714; 1973, c. 822,s. 1.)
ter •
on § 153A-204. Apportionment of assessments.
eIf a special assessment has been made against property that has been or is •
sat about to be subdivided,the board of commissioners may,with the consent of the E.
owner of the property, (i) apportion the assessment among the lots or tracts
all • within the subdivision,or(ii)release certain lots or tracts from the assessment 1.1� .` '
ith if, in the board's opinion, the released lots or tracts are not benefited by the f;. .,
he project, or(iii) both. Upon an apportionment each of the lots or tracts in the i
ace subdivision is released from the lien of the original assessment,and the portion ;�:
• of the original assessment assessed against each lot or tract has,as to that lot i{ i
ent • or tract,the same force as the original assessment.At the time the board makes ;.. }J;
c, an apportionment under this section,the clerk shall enter on the minutes of the +,
board the date, hour, and minute of apportionment and a statement to the ,
effect that the apportionment is made with the consent of the owners of the : . =
;or property affected,which entry is conclusive in the absence of fraud.The appor- ,
tionment is effective at the time shown in the minute book. Apportionments
may include past due installments with interest, as well as installments not
f a then due;and any.installment not then due shall fall due at the same date as ■
ant it would have under the original assessment. (1963, c. 985,s. 1; 1965, c. 714;
rin 1973,c. 822, s. 1.) . �';1r
$ve
§ 153A-205. Improvements to subdivision and residential . i : 1
ars streets.
he •
my (a) A county may finance the local share of the cost of improvements made
as- under the supervision of the Department of Transportation to•subdivision and 3
ion, residential streets that are a part of the State maintained system located in the
the county and outside of a city and shall levy and collect pursuant to the prose-
'14; dunes of Article 9 of Chapter 153A of the General Statutes special assessments
against benefited property to recoup that portion of the costs financed by the
county. The local share is that share required by policies of the Secondary '
Roads Council,and may be paid by the county from funds not otherwise limited • • i
as to use by law. Land owned, leased, or controlled by a railroad company is
exempt from such assessments to the same extent that it would be exempt from
street assessments of a city under G.S. 160A-222. No project may be com-
menced under this section unless it has been approved by the Department of ti
Transportation.
i. . ^i
i.6 65 i • `;
t f r
042
§ 153A-205 CH..153A.COUNTIES § 153A-205 § 153A-206
Effect of Am-
(b) A county may finance the local share of the cost of improvements made meat added th-
under the supervision of the Department of Transportation to subdivision and i graph of su. -
residential streets located in the county and outside of a city in order to bring
those streets up to the standards of the Secondary Roads Council so that they §§ 1<53A-
may become a part of the State-maintained system and shall levy and collect
pursuant to the procedures of Article 9 of Chapter 153A of the General Statutes •
special assessments against benefited property to recoup that portion of the
costs financed by the county.The local share is that share required by policies
of the Secondary Roads Council,and may be paid by the county from funds not
otherwise limited as to use by law. Land owned, leased, or controlled by a
railroad company is exempt from such assessments to the same extent that it
would be exempt from street assessments of a city under G.S. 160A-222. No
project may be commenced under this section unless it has been approved by • 153A-2
the Department of Transportation.
(c) Before a county may finance all or a portion of the cost of improvements
i to a subdivision or residential street,it must receive a petition for the improve-
ments signed by at least seventy-five percent(75%)of the owners of property A county
to be assessed,who must represent at least seventy-five percent(75%)of all the law-enforce u
lineal feet of frontage of the lands abutting on the street or portion thereof to (1) Co.
' be improved.The petition shall state that portion of the cost of the improve- me;'
ment to be assessed,which shall be the local share required by policies of the (2) Acc
Secondary Roads Council. A county may treat as a unit and consider as one (3) pur:
street two or more connecting State-maintained subdivision or residential P. 1
streets in a petition filed under this subsection calling for the improvement of p. ,
subdivision or residential streets subject to property owner sharing in the cost (4) Ap
of improvement under policies of the Department of Transportation. (5) Ar,
Property owned by the United States shall not be included in determining 1
the lineal feet of frontage on the improvement,nor shall the United States be •
included in determining the number of owners of property abutting the § I53A_c i i
improvement.Property owned by the State of North Carolina shall be included
• in determining frontage and the number of owners only if the State has A coup I
if . consented to assessment as provided in G.S.153A-189.Property owned,leased, Iaw-enforce
1 or controlled by railroad companies shall be included in determining frontage police) by
and the number of owners to the extent the property is subject to assessment State police), by
r� under G.S. 160A-222. Property owned, leased, or controlled by railroad corn- (1973, c.8 1
t panes that is not subject to assessment shall not be included in determining
frontage or the number of owners: §§ 1.53A-P.
No right of action or defense asserting the invalidity of street assessments
on grounds that the county did not comply with this subsection in securing a
valid petition may be asserted except in an action or proceeding begun within
i 90 days after the day of publication of the notice of adoption of the preliminary
assessment resolution. § 153A-
(d) This section is intended to provide a means of assisting in financing
• improvements to subdivision and residential streets that are on the State The poli
highway system or that will, as a result of the improvements,become a part facilities is
of the system.By•financing improvements under this section,a county does not (1) ,,
thereby acquire or assume any responsibility for the street or streets involved, • co
` and a county has no liability arising from the construction of such an impprove- op,
r. ment or the maintenance of such a street. Nothing in this section shall be pr
construed to alter the conditions and procedures under which State system (2) lyli r
• streets or other public streets are transferred to municipal street systems pur- 1,,
suant to G.S. 136-66.1 and 136-66.2 upon annexation by, or incorporation of, fi
a municipality. (1975, c. 487, s. 2; c. 716, s. 7; 1981, c. 768.) h
01
Y•
(3) Th till
he
F"
66
i
I
f• , • -< /i. fl4.,z,_ "t• .: �.4"3;',"1. t iy`. ,t 74''t K ...'rr•M :. 4-' ^;.t. .. '�'"''':4.•."..`i".., $.. i;Rf a .
A,...
i ')
., .
-- "11146D, 117ms-
ASSESSMENT ROLL IN CONJUNCTION
WITH THE FINANCING AND ASSESSING BY
ORANGE COUNTY OF THE LOCAL
SHARE OF THE CWT OF PAVING
NORTH CAROLINA STATE ROAD(S) #2042 AND 2043,
ALSO KNOWN AS PINEVIEW ROAD AND PINEVOIRETW 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
8: • 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 fcot 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
1
, 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
i,
;•• paid in five (5) equal annual installments with the first such
1 • .;
installment, with interest, due sixty (60) days after the date that the
1 --. assessment roll is confirmed, and the remaining installments, with
-1-
_ .
. • •
. .
r •
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
315A-5 Mattie James O'Neal
$ 567.12
Pine View Estates Rt. 4
Chapel Hill, NC 27514
115A..6 Lillian Plummer $ 337.60
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
ll5A..9 Teresa Tilley Garcia $ 254.?0
Edgardo Garcia
Rt. 4, Box 488 Sesame Rd.
• Chapel Hill, NC 27514
115A..12 Edward Weintraub
P.O. Box 1354 254.e0
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 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
1
Louise Cole 335. 7
• 13 Pineview Estates Route 4
--2-
A._
I . "
• Chapel Hill, NC 27514
115A..16 Michael Moore $ 787.67
Rt. 4 Pineview Estates Lot 12
Chapel Hill, NC 27514
115A..I7 John Walter Yow $ 405.90
Betty Sue Yow
Rt- 4, Box 478
Chapel Hill, NC 27514
115,A..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
115A..20 Jesse James Williams $ 509.06
Rt. 4, Lot 8 Pineview
• Estates
Chapel Hill, NC 27514
115h..21 PobertS. Campbell
350.88
Supatra Campbell
• 105 Lexington Road
Chapel Hill, NC 27514
Charles H. James
$ 367.20
Betty B. James
Rt. 12, Box 31
Lexington, NC 27292
115A. .10 Paul Baldwin
$ 864. 2
Betty Baldwin
19 Pineview Estate
Chapel Hill , NC 27514
115A. . 11 Billy Ray Plummer $ 580.T)
Pineview Estates Lot 20
Rt. 4
Chapel Hill , NC 27514
•
—3—
EsmiativagiNemosugausamv
a
130.B.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.B.8 Chapel 11113/Carrboro YMCA $ 865.47
P.O. Box 844
• Chapel Hill, NC 27514
130.8.34 Arthur L. P. Brown $ 865.47
Margaret C. Brown
• Rt. 7, Box 251-B
• Chapel Hill, NC 27514
-3-
043
O R A N G E C O U N T Y
kf BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date August 20. 1905
Action Agenda
Item #F3
SUBJECT: WILKINS DRIVE PPP ASSESSMENT ROLL
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact : SUSAN SMITH
JUNE 27, 1985 LETTER FROM WESTON LABARRE
G.S. 153A-185 THROUGH 198
LOCATION MAP
Telephone Numbers
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hitt - 968-4501
PURPOSE: To consider a request from Mr. and Mrs. Weston LaBarre to
correct the assessment for lots 5 and 5A, Block A, Map 15A in
Chapel Hill Township.
NEED: Following the public hearing and decision on the Wilkins Drive
Assessment RolL and the receipt of the assessment notice from
the Tax Office, the LaBarres questioned the amount of frontage
assessed for the above referenced Lots . It was determined that
the tax map upon which the assessment was based was erroneous .
When compared to the subdivision plat, Lot 5A was found to have
320 versus 370 feet of frontage and Lot 5 was found to have
110 versus 100 feet of frontage.
The difference in the assessment based on $2.174 per front foot
is as follows:
LOT 5 LOT 5A
FRONTAGE ASSESSMENT FRONTAGE ASSESSMENT
TAX MAP 100 ' $217.40 370' $804.38
SUBDIVISION PLAT 110' $239.14 320' $695.68
DIFFERENCE $ 21 .74 $108.70
The combined difference of the assessment for Lot 5A Less the
assessment for Lot 5 is $86.96.
s
044
Page Two
Wilkins Drive PPP
August 20, 1995
IMPACT: General Statutes 153A-185 provides the enabling authority to
make special assessments for purposes of road improvements .
Section 153A-194 provides for the preparation of and public
hearing on an preliminary assessment roll following
determination of the cost of a project. The assessment roll is
prepared upon information available from County tax records.
The preliminary assessment roll is available for public
inspection prior to the public hearing and notice of same is
sent by first class—mail to each property owner listed on the
roll . Each notice specifies the assessment for the referenced
lot. A certificate of mailing is prepared by the Clerk to the
Board.
At the public hearing on the Preliminary Assessment Roll the
Board receives comment and may modify, annul or confirm the
roll by confirming, cancelling, increasing or reducing
assessments in compliance with the basis for assessment . From
the time of confirmation of the assessment , each assessment is
a Lien on the property.
Section 153A-197 provides that if someone is dissatisfied with
the amount of an assessment he may, within 10 days after the
assessment roll is confirmed, file a notice of appeal to the
appropriate division of the General Court of Justice and shall,
within 20 days after the day the roll is confirmed, serve the
Board or the Clerk with a statement of facts upon which the
appeal is based.
Section 153A-198 provides for reassessment by the Board of
Commissioners if in its judgement an irregularity, error,
ommision etc. has occurred .
The LaBarres appeal to the assessment did not fall within the
procedures outlined above.
RECOMMENDATION: As the Board decides .
•
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046
WESTON LA BARRE 27 June 1985
1T2 CAROL WOODS
CHAPEL HILL,NC.27514
•
•
Mrs, Beverly Blythe
Orange Co. Manager's Office
• 106 E. Margaret Lane
• Hillsborough, N. C.
Dear Mrs. Blythe: •
As we discussed in the Board Room
• yesterday, both Road Assessment Bill #99586 and
#99587 are erroneous, because of mistakes in the tax
map from which the assessments were made. Since we
• are all in agreement, this letter is written according
to your suggestion.
On Bill #99586 (omitting Lot #71 which
• has no frontage on Wilkins Drive), Lots 72 (509, 73 (60')
7h (501), 75 MO, 76 (60'), and 7712e#B1. Univ Hts
16A.A.5A, Tract 72h062 -- come to a total of 320'
instead of the 370,- on the bill. At the assessment rate
• of S2.17h. Per linear foot, this bill for 320' should •
come to $695.68. qu's r ' _
• -
• -
_ There 's 142=1: .J . er direction
on Bill #99587. Bl. University Hts., Map )ILA, Blk.
• 15A.A.5, Tract 7287h69.,Lots 66 and 67 have erroneously
been totalled at 100' whereas on the correct map at the
Register of Deeds, Lot 66 is 60' and #67 is 50, giving
a total of 110' x S2.17h S239.1h instead of 100' , at
S21710 error on the bill.
We were not able to correct this error
in footage at the public hearing because the footage
was not specified in the preliminary statement, only a
gross total. And since both figures that went into
this gross total were wrong, there was no way to figure
the correct rate of assessment. Only when the tax bills
were presented were these errors traceable. •
In order to meet the July 19 deadline,
it has been suggested that we pay the amount which is
correct according to the Register of Deeds map, not the
erroneous road tax man from which the bills were made.
Therefore, in my duplicate of this letter to the Orange
•
-* -
" .
0 47
- 2
Co. Tax Collector, I will enclose ratr checks for 8695.68
and A239.1h to pay for the total correct amount of linear
feet of our land on Wilkins Drive.
In the duplicate of this letter which I will send
to the Tax Collector, I also enclose any check for Lot #
(SO.') which belongs to nv daughter, Dr. An La Barre,
inasmuch as I am her Attorney-in-Fact (registered at the
Register of Deeds) and she lives in California (new address
) 105 Robie Drive, Auburn CA 95603). Her bill, which I do
not have, would be for 50' x $2.1711 or S108.70. I suggest
that this bill be sent to her new address (for her tax
purposes only since I am paving it for her). As of the
RegiFter of Deeds record, she sold her lots 62, 63 and 64
to Tom Price Jr., and he would correctly have been billed
for these.
I have to thank Mrs. Blythe, Ms Susan J. Smith,
th,, man at the tax office and the two Assistant County
Managers for their courteous, logical and efficient
correcting of errors o-Ting to some other person.
Sincerely yours,
,Original: Mrs. Blythe
IX cc: Ms. Susan J. Smith
Orange Co. Tax Collector
crowei..-..1 144_1 AleN
GI •
c---4-;-• eA",-N. 1-) "..( A ,t .
-
-..
` ' '. .s.E •-_ - § 153A-177 CH.153A.COUNTIES § 153A-186
-.••"fir A.d'T ' -•
.:',:f- k , county commissioners to secure bonds issued to execution of the mortgage without waiting
build a courthouse would be void,and equity until foreclosure is threatened.Vaughn v Com- ;r
." >, :;= ? would enjoin foreclosure thereunder, a missioners of Fot'syth County,118 N.C.636,24 •
4': '* taxpayer may bring an action to restrain the S.E.425(1896).
• .-.:r' .
§'153A-177. Reconveyance of property donated to a local
• <, government.
?a-< s • If real or personal property is conveyed without consideration to a county,
• • city or other unit.of local government to be used for a specific purpose set ou
`_' .. Y in tiie instrument of conveyance"and the governing body of the county,city,or•
0.'„„:-_ other unit of local government determines that the property will not be used •
- .. for that purpose, the county, city, or other unit of local government may
�i : ..�.,,, reconvey the property without consideration to the grantor his heirs,-
A~ assigns,or nominees.Before it may make a reconveyance, county,city,or
.4 - " other unit of local government shall publish once a week for two weeks notice
ff... .', :.. . of its intention to do so. (1937,c. 441; 1973, c.822,s. 1-)
- §§ 153A-178 to 153A-184: Reserved for future codification purposes.
- ARTICLE 9.
•
Special Assessments. •
• § 153A-185. Authority to make special assessments. •
..;•,:v= _ • A county may make special assessments against benefited property within
` ' the county for all or part of the costs of: s'
(1) Constructing, reconstructing, extending, or otherwise building or "
r.'" improving water systems;•
z '. • (2) Constructing, reconstructing, extending, or otherwise building or
. r �;;• ,: improving sewage collection and disposal systems of all types,includ-
._ T }.4 = - ' . ing septic tank systems or other on-site collection or disposal facilities
:, ;, rs ;Mr, - or systems;
_: F 4y. ;� <._ (3) Acquiring,constructing,reconstructing,extending,or otherwise build-
-�: ing or improving beach erosion control or flood and hurricane pro-
:.-..... Y-1t A,� tection works; •
• - . -, ' (4) Constructing, reconstructing, paving, widening, installing curbs and
;sr-1.-41- .4.t; . •.`` gutters,and otherwise building and improving streets,as provided in•:fi-' G.S. 153A-205.
�.lT A county may not assess property within a city pursuant to subdivision(1)or
Aii f `� (2) of this section unless the governing-board of the city has by resolution
= r : Aw : approved the project. (1963, c. 985, s. 1; 1965, c. 714; 1969, c.474, s. 1;1973,
- 4 x'�= . i c. 822, s. 1; 1975,c..487, s. 1; 1979, c. 619, s. 11.) -
:`9r. ;-} : 1�? Cross References. As to applicability to authorities established pursuant to Chapter
: .,
...,�;;. ?` �' � assessments levied by water and sewer 162A,Article 1,see G.S.§ 162A-6. ,
sr 153A-188. Bases for making assessments.
.2... w.. (a) For water or sewer projects, assessments may be made on the basis of
`'' ' "' (1) The frontage abutting on the project, at an equal•rate per foot of
`'i r k'a# ; frontage;or
' (2) The street frontage of the lots served,or subject to being served,by the
- .,;• -.-rPi :^'P"'z tx-,. • • project,at an equal rate per foot of frontage;or
Y 58
•
• . - `-'"' _ ai.-t`'K':'v.:r 1;-"?"_.1'n9 nom,,••.:••,"•_-• _-`y...w.�
-.e.: .AY:: _ _ , ':-: 'tte:-4. ,. ^ivy"� _
'•7:-1:' --':'..--_,.''''."4.--.1V4 qtr •
.L.. _
y' - :'1.•
- Fri •
•...•,• - ;:!1,;Y;ti. ,�y:.'r�,{..•;_.,y..`. .;u.t *'r' C aY•;4t" :."?d-"3 '?:'G.''K's. - r---. 's •;4'r•• - s•'- S_
•.-_; vi. "i44,;:.:•• w. -;:h.;:Tai:.4.7• ,r:!'l,�rq}. y.e.. .4--•..�:y f� ':,''li .....,:; ,i:+i,.2*
•Ld, .,ry •}� .- . ',r 3.., -,h._, j..} ••'h .",_• J _ •^9, 4w.+t,}^3 y'.'..-..:alt Y ••
-r!i`..( l'r. .4.T 94� •. ,w•r .V.�i•Y :a•i. '.:�'.T..3 ��.•.�- 7: •ri._ AF..�.V.. A : �'ty •.. a.
':+ivy :..5 x. .a .��i {• "•" .5'�':^'r�L.'!4s•:+..' t •..P•;Y "�`^s$:: ..•Y i. qi:'"n• ` s.�:j�- ._.�.:.;5.
9
• 04
153A•101 § 153A-192 CH.153A.COUNTIES § 153A-194 '-r
-
ss
•
c.822,s. § 153A-192. Rearing on preliminary resolution; assessment I Y
resolution. • X
ojects. At the public hearing,the board of commissioners shall hear all interested
1,-, w
persons who appear with respect to any matter covered by the preliminary I s sss
-
d owned by' • • assessment resolution. At or after the hearing, the board may adopt a final
;citation of assessment resolution. directing that the project or portions thereof be {
menu,the undertaken. The final assessment resolution shall describe the project in i
ze the State general terms(which may be by reference to projects described in the prelimi- _ 17 °i
f State may nary resolution)and shall set forth the following: , r V.-'
e Secretary • (1) The basis on which the special assessments will be made,together with ' !ses
br payment • • a general description of the boundaries of the areas benefited if the `
`State if the basis of assessment is either area or valuation;
ct that any (2) Thhedpercentage of the cost of the work that is to be specially assessed;
lontutgency a
other avail- (3) The terms of payment, including the conditions,if any, under which
this section, assessments are to be held in abeyance.
le.(1973,.c, The percentage of cost to be assessed may not be different from the percentage
proposed in the preliminary assessment resolution,nor may the project autho-
rized be greater in scope than the project described in that resolution. If the
board decides that a different percentage•of the cost should be assessed than 1
that proposed in the preliminary assessment resolution, or that the project „
ar part of a should be greater in scopie than that described in that resolution,it shall adopt
preliminary and.advertise a new piminary assessment resolution as provided in thi
Article. (1963, c. 985, s ; 1965,c. 714; 1973,c.822,s. 1.1 ! `ro act• § 153A-193. Determination of costs. '
jr
tents,which ; ^ � .Y *�,,1. When a project is complete,the board of commis^loners shall determine the e
e area bane- •�.. project's total cost. In determining total cost, the board may include con- : 1 l r
in; `:_:s struction costs,the cost of necessary legal services,the amount of interest paid . r�
that is to be -. during construction, the cost of rights-of-way, and the cost of publishing and . �l'¢='
mailing notices and resolutions.The board's determination of the total cost of j isksv
iii abeyance a project is conclusive. (1963, c. 985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.) l '
. �,� y
assessment; § 153A-194. Preliminary assessment roll; publication. 1;42
I all matters When the total cost of a project has been determined,the board of comxnis- ct. '_•I
sioners shall cause a preliminary assessment roll to be prepared.The roll shall
Ty;-1.77,,:c
searing shall P ry p P {�,. :
eks from the contain a brief description of each lot,parcel,or tract of land assessed,the basis 'IA i
63,c. 985, S. • for the assessment,the amount assessed against each,the terms of payment, Is•••� 1
and the name of the owner of each lot, parcel, or tract as far as this can be });;e
ascertained from the county tax records.A map of the project on which is shown f R
each lot, parcel, or tract assessed, the basis of its assessment, the amount :i°`"T
JP
assessed against it,and the name of its owner as far as this can be ascertained ••is s4
the board of from the county tax records is a sufficient assessment roll. i ,,
ut resolution After the preliminary assessment roll has been completed,the board shall ' ,��
cause the roll to be filed in the clerk's office, where it shall be available for ".
cat ion d time public inspection, place public hearing i` =''
cation of the • P pection,and shall set the time and lace fora ublic hearin on the ;its'..)
the hearing, roll.At least 10 days before the date set for the hearing,the board shall publish s, s .
a notice that the preliminary assessment roll has been completed.The notice ”`
olution to be P y p k:;(�-;
r tax records, shall describe the project in general terms,note that the roll in the clerk's office
. The person is available for inspection,and state the time and place for the hearing on then�
roll.In addition,at least 10 days before the date set for the hearing,the board " �
a certificate y
date. In the shall cause a notice of the hearing to be mailed by first-class mail to each owner• jl r-is
h the mailing of property listed on the roll.The mailed notice shall state the time and place ''
;,c.822,s. 1.) of the hearing,note that the roll in the clerk's office is available for inspection, . - :�
61 k :'E`t�
;..t
s::
�L.i"• ::7-.'7. � r.. /•�.r : t: fit.'.'^.g^l: -7" }'• :' e ' :'; •. ;._a'..:,----.4.1.. 7 - y -.
=:Nr:: =9ri,it..i _ ..-...1.-... , . . r ''''C - • : :. , b:
:'.-;,--,%,-.....".^.:.n.'
,-i.'( •.-ti.: .,�... rt•T: , :�: `fir,••.:, r....•.t:• . .� -14—u).0•',t• 'sue ,,: ^s...•_ `.4w ;.i�• ,+5n. x►i s� � .e,:.,ua«k;,`•�'i'.i-,y'tl �'- :f,�!�?-F; =at;. "
� f 1�:s}-7!.... .'',.7.11';;;-'3'i` ^ i?':� ,,.z 3 •`'4" F'•'' _'y,':-1.'�:.�.i .w,.Ze-:.:: _ _ -......,.:.:..4.1..t.:,-..,1.7 f t '__ S-AZ :tii;.• 1...z'
''�``}- `'+�t.•'�^'= s3d��y:;�4 :� +'.'.i- 'vim•• 'i +f'•.' ^�..�.
*. 050 .
$ 153A-195 CK 153A.COUNTIES § 153A-197 § 153'
and state the amount as shown on the roll of the assessment against the • § 15'
: property of the owner. The person designated to mail these notices shall file Wh-
with the board a certificate stating that they were mailed by first-class mail has o•
and on what date. In the absence of fraud, the certificate is conclusive as to board
compliance with the mailing requirements of this section.(1963,c. 985,s. 1; real,
1965,c. 714; 1973,c.822,s. 1.) additi.
asse
• § 153A-195. Hearing on preliminary assessment roll; comp-
{ • revision; confirmation; lien. has t_
,Y 1;19•,
-:'' At the public hearing the board of commissioners shall hear all interested '
persons who appear with respect to the preliminary assessment roll.At or after - §- 15
' the hearing, the board shall annul, modify, or confirm the assessments, in
whole or in part,either by confirming the preliminary assessments against any
. lot, parcel,, or tract described in the preliminary assessment roll or by Wit
• cancelling,increasing or reducing the assessments as may be proper in compli- roll is
. -1-� aace with the basis of assessment.If any property is found to be omitted from full, _
• the preliminary assessment roll,the board may place it on the roll and make pai i
y . the proper assessment.When the board confirms assessments for aproject,the ortio',
• clerk shall enter in the minutes of the board the date, hour, and minute of annu -1
---....1... , confirmation.From the time of confirmation,each assessment is a lien on the whet
• ' property assessed of the same nature and to the same extent as the lien for instal
•
' county or city property taxes,under the priorities set out in G.S. 153A-200. instal
After the assessment roll is confirmed,the board shall cause a copy of it to be - (I)
delivered to the county tax collector for collection in the same manner(except
.-° : as provided in this Article) as property taxes.(1963,c.985,s. 1;1965,c.714;
•,;1711: 1973,c. 822, s. 1.) •
. •was (�l
Cross References.--As to meaning of term "
:`.�+-, "county tax collector,"see G.S.§ 162A-6. _
'�. :r �•
. '" �. § 153A-196. Publication of notice of confir mation of as- -
( 4
`- •- sessment roll. § j 5
• ..Y :. No earlier than 20 days from the date of the assessment roll is confirmed,the-41.6',:'-'''-: county tax collector shall publish once a notice that the roll has been confirmed.
::, •- The notice shall also state that assessments may be paid without interest at (a)
-- =r:, day t
•-y . any time before the expiration of 30 days from the date that the notice is
'' ~'.•, published and that if they are not paid within this time, all installments • Paid, .
^ thereof shall bear interest as determined by the board of commissioners.(1963, maxi,
.. $� - c.985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.) - - (b) I
- ..:7--.._.,' all of
• - • • Cross References.—As to meaning of term board
"county tax collector,"see G.S.§ 162A-6. and p.
< intere
• +tea_ • paym
§ 153A-197. Appeal to the General Court of Justice. they f.1
: .,. and r-
- If the owner of or any person having an interest in,a lot,parcel,or tract of have �,
L*.--. . land against which an assessment is made is dissatisfied with the amount of (c)
,:.; , . the assessment,he may, within 10 days after the day the assessment roll is by la
- confirmed, file a notice of appeal to the appropriate division of the General • sale c:�
" '. Court of Justice.He shall then have 20 days after the day the roll is confirmed after ;
"'. to serve on the board of commissioners or the clerk a statement of facts upon jud"
= which the appeal is based.The appeal shall be tried like other actions at law. assess,
(1963, C. 985, s. 1; 1965, c. 714; 1973, c. 822, s. 1.) feder.i
M1;^ 62 f.:
R.
^`i _ - %''8': - -M" .7,1-•: - ��:}:: :�:' -:4.::: 'cps �-.--;; _•
-'1^,,,1�- '!1' V4:-_,_"'W,4,"•;9.-L ' `1'4,.::.v,s-:!1 o `.'_ _ -;.-1:1_1„,;,:-
!- ,'•,..':7:4-::;71...,-;:'.... " =.+ -ate.'i.'ti� .P:. -,�1'
s� :� `_ '�5i!",✓-�uotg. Ji. ,v;!r -\•q•4°t• •/? td..:.^r t _^ • ��'y'r s.. . - '•.t,_ _
w N4i_
051 51 4 4...."- J r `}�iv
A;
§ 153A-198 . CH. 153A.COUNTIES ' . § 153A-200 `
3
C .'ti. .i
' §' 153A-19$. Reassessment. ' �- •ti;-?
ii.�� di y
-.i� When in its judgment gment an irregularity,omission,error,or lack of jurisdiction
has occurred in any proceeding related to.a special assessment made by it,the
board of commissioners may set aside the assessment and make a •r -; :
reassessment.In that case,the board may include in'the total project cost all =
additional interest paid,or to be paid,as a result of the delay in confirming the t '_
assessment.A reassessment proceeding shall,as far as practicable,follow the I
comparable procedures of an original assessment proceeding.A reassessment i..s x
• has the same force as if it originally had been made properly_(1963,c.985,s.
1; 1965,c. 714; 1973,c. 822, s. 1.)
§ 153A-199. Payment of assessments in full or by install_
xnents. 'II .�
M,*,---,-:„.
5 Within 30 days after the day that notice of confirmation of the assessment �' r
• . roll is published,each owner of assessed property shall pay his assessment in• L
: ,, � -.�
fulls unless the board of commissioners has provided that assessments may be 1 , .-
paid in annual installments. If payment by installments is permitted, any, . "
• portion of an assessment not paid within the 30-day period shall be paid in _ y`--
annual installments.The board shall in the assessment'resolution determine ' -
whether payment may be made by annual installments and set the number of
. installments, which may not be more than 10. With respect to payment by 1i ` '- z• '
•- installment, the board may provide i .- •ti ;,*`
s. (1) That the first installment with interest is due on the date when prop- "''"' '"'�'_
erty taxes are due, and one installment with interest is due on the :F : �° r .
• •same date in each successive year until the assessment is paid in full, : :„ -:-r..\,;.,•••"..-
« , .
r.:-
(2) That the first installment with interest is due 60 days after the date •
*_
• that the assessment roll is confirmed,and one installment with inter- F ,
=i est is due on that same day in each successive year until the as- ';;•. �'. 4.
sessment is paid in full. (1963,c_.985; s. 7.; 1965,c_714; 1973, c- 822, `rl.�.� ;
s. 1.)§ 153A-200. Enforcement of assessments; interest; ,1 Y ,;,n 9
- foreclosure; limitations • r_ .. w 4, ;
t (a) Any portion of'an assessment that is not paid within 30 days after the • ;:,; ~
s day that notice of confirmation of the assessment Toll is published shall,until ,•i- - „2 ;
s paid, bear interest at a rate to be fixed in the assessment resolution. The f%r •;:.!..f.-'`•!
maximum rate at which interest may be set is eight percent(8%)per annum_ Y w�.t *' - .:
s: ,. .
•
(b) If an installment of an assessment is not paid on or before the due date, •* • a :i. ,•
• all of the installments remaining unpaid immediately become due,unless the •+ �'� ;,', '- :: '.;;Y.
• board of commissioners waives acceleration_The board may waive acceleration ,��."..� �.
and permit the property owner to pay all installments in arrears together with g _ ,
interest due thereon and the cost to the county of attempting to obtain . -.
payment.If this is done,any remaining installments shall be reinstated so that ,= t �
they fall due as if there had been no default.The board may waive acceleration ;2._+ - " Iri__
and reinstate further installments at any time before foreclosure proceedings 1 1*� *.-.;
•f have been instituted_ ; - . s
'f (c) A'county may foreclose assessment Iiens under any procedure provided •`*- "= '
by law for the foreclosure of property tax liens,except that(r)lien sales and lien .-, •°''�" �
sale certificates are not required and(u)foreclosure may be begun `_
q y gun at any time ,� �r°:_ � ��-
after 30 days after the due date. The county is not entitled to a deficiency 1.:„!....:...: 4::' ,. ;:i
judgment in an action to foreclose an assessment lien. The lien of special F/I:›r4'
• ' assessments is inferior to all prior and subsequent liens for State, local, and 11:2:;:.....•1f0.4.77.,.'`-:,'' :' te !
federal taxes, and superior to all other liens. . v;F;ar•
. 63 . ;• -- -t A z
• •�fir• ?.,�'Y%ri•' ice
re4447r'N''. r• ::1 C - .'."•.ti.. .:fir:•'• .......,--.,:•',..-E,
_ _ _ 'ors _
- •:Sri _ �','t:••..
�• a ..C:'
•
•
• ORANGE COUNTY COMMISSIONERS
106 EAsr biAnoAagr LANE
- ,
HILLSBOROUGH, N. C.
• 27278
mosmaumr
HEN LLOYD August 22, 1985
• ea um=Et MARSHALL
NORMAN wituara
DON WILLS=
•
•
•
;I
•
, •
Weston LaBarre
- 172 Carol Woods
Chapel Hill, RC 21514
Dear Mr. LaBarre:
The Orange County Board of Commissioners at their regular •
• meeting held on August 20 discussed and in accordance with the
•
procedures outlined by the General Stututes denied your request
.°• to correct the assessment for lots 5 and 5A, Block A, Map 15A in
Chapel Hill Township.
•
A •
The Board indicated that,yRur appeal was not received within
•
the time al 1 owed to receive sizth an appeal. •
• vYrst16, 4314;fit,
I'm sificerely..lsorry thatthis office couidnOy.be of more
•„r;
assistance:,-
If yotklifaiii64ny5f_prAliler likileSti:151is•:,ca-E-Eirmien;C:ir,4*Ck:may wish
. to contacVK:etineth!.-1r.'-;:ThOmptoh.,-4:LCOUntY..--..flJanager..-:,-...::,tt,,Ai.
hfiff.11- ./-11
;;;Fg4.:,:ftz•-.;-", ••;;27-1`.117t3=i;'`?tc;
ThaniF•Iiu.4, I.:A Li ,..;;;=,
• ."11.:Zpi'41•11
-1 x;:••,`,,V., •
11 'i Dixtcerely
•
•
Mrs. Beverly A. Blythe
Clerk
cc: Kenneth R. Thompson, County Manager
Johnny T. Horner, Tax Collector .
•
•
•
•
•
013.A.NGF COUNTY
HILLSBOOC t
NOR.TH CAROLINA DISTRIBu kb
_1la,icz . t4
•
Elate:Z.1 17.52
• Memorandum
•
To: Board of County Commissioners
From: County Manager
Date: November 22, 1985 •
Re: Assessment for Weston LaBarre
This is to notify you that the County has found a way to reduce the amount assessed .
($87.61) in error to Mr. Weston LaBarre for the Wilkins Drive Participatory Paving
Project.
You may recall that Mr. LaBarre's request to reduce his assessment was brought before
the Board at the August 20th meeting. While it was acknowledged at the time that a
clerical error had been made it was thought that the County could not correct the situation
without recomputing all of the assessments involved and going back through th process to
confirm the assessment resolution. We now-AcnOw that interest earnings will cover the amount.
I have had the Finance Director establish an audit trail on the matter. It includes
both an explanation for the auditors and an adjustment of the accounts recei-;able records
to reduce the assessment by the amount in error. Mr. LaBarre has been apprised of the
County's ability to correct the situation in this manner.
While I notified the Chairman before taking this course of action, if any Board Member
desires that the Board go on record to confirm the matter, I will place it back on the
agenda.
•
Sincerely,
Kenneth R. Thompson
County Manager
•
•
•
AINIMIMM11■
,11
1 .
052
ORANGE COUNTY
• BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date August 20. 1985
Action Agenda
Item #f:
SUBJECT: REQUEST FOR AUTHORIZATION TO INITIATE LEGAL PROCEEDINGS
• DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact: SUSAN SMITH
LOCATION MAPS
ORDINANCE EXCERPTS
BOA MINUTES 8/6/84
CORRESPONDENCE
• Tetephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hitt — 968-4501
PURPOSE: To consider a request to authorize the County Attorney to
initiate Legal. proceedings for zoning violations on property
owned by Paolo and Janice FLezzani and PaLiourus Enterprise,
Inc .
NEED: Administrative procedures to address two zoning Viotations have
been exhausted. Staff is requesting that Legal. proceedings be
initiated to bring the uses into compliance with the Orange
County Zoning Ordinance. These violations are as follows :
A. PAOLO AND JANICE FLEZZAnI
ENO TWP. TAX MAP 16A . BLOCK D. LOT 7
COUNTRY LANE ESTATES.
The property owners constructed a garage without
building or zoning permits . The garage was
constructed within the required 20 ' side yard setback
specified for the A—R zoning district (See attached
maps and Ordinance Excerpt) .
053
AUGUST 20, 1985
REQUEST FOR AUTHORIZATION TO INITIATE LEGAL PROCEEDINGS
2
Upon notification of the requirement that they obtain
building and zoning permits, the property owners
were informed that the garage, where presently
Located did not comply with the setback requirements
of the Zoning Ordinance . The Flezzanis ' subsequent
application fora variance of 13.8 feet from the 20 '
setback requirement was denied by the Board of
Adjustment on August 6, 1984 (See Attached Minutes) .
The Zoning Officer notified the Flezzanis of the
denial of the variance request on August 7, 1984. To
date, the Flezzanis have made no effort to correct
the violation .
B . PaLiourus Enterprise, Inc .
AKA Workman 's Used Car Lot
HILLSBOROUGH TWP . TAX MAP 45. (P/0) LOT 29
The lessee of the property upon which is Located
Ray's E—Z Shop entered into an oral contract with
Forest Workman for use of the southern portion of the
property for a used car Lot (See Attached Map) . A
utility building which serves as an office was
erected on the site without building , zoning or
electrical permits. The property is zoned CC-3 and
subject to the requirements of the Major
Transportation Corridor overlay zoning district . Use
of the property for used car sales is not permitted
in CC-3 district . Development within the MTC
district is subject to submittal and approval of a
site plan .
The property owner, Paliourus Enterprise, Inc . , was
notified of the zoning violation on July 17, 1985. A
stop work order was posted on July 25, 1985. Mr.
Workman was informed of the violations and remedies
available to him on July 25, 1985. Mr. Workman 's
attorney, W.A. Graham, was similarly informed on July
31 , 1985.
The used car lot is still in operation with varying
numbers of vehicles on site each day .
IMPACT: Article 23 VIOLATIONS PENLTIES AND 'EMEDIES of the Orange
County Zoning Ordinance provides that
"whenever . . . the performance of any act is prohibited
or whenever any regulation , dimension or Limitation is
rwEssms...."01101
059
AUGUST 20, 1985
REQUEST FOR AUTHORIZATION TO INITIATE LEGAL PROCEEDINGS
3
imposed on the use of any land, or on the erection or
alteration or the use or change of use of a structure,
or the uses within such structure, a failure to comply
with such provisions of this ordinance shall constitute
a separate violation and a separate offense ."
The Ordinance further provides for remedies exercised by the
Zoning Officer to address the violations .
The administrative procedures followed in determining if a
violation has occurred are as follows:
1 . receipt of complaint or identification of violation
by staff;
2. investigation of violation by Zoning Officer,
including preparation of violation file and
photographs, where feasible;
3. notification of property owner of potential
violation , including citation of ordinance and
request to discuss matter with Zoning Officer
(sometimes consecutive with issuance of STOP WORK
ORDER).
4. second notice of violation;
5 . if property owner brings violation into compliance,
file is closed; if violation continues , advice of
County Attorney is sought .
Administrative procedures for these two violations have been
exhausted . The Flezzani violation continues in disregard of
the decision of the Board of Adjustment . The Paliourus
violation demonstrates a continuing disregard of the Zoning
Ordinance in developing the property and in development , in
general, within the Major Transportation Corridor district .
Authorizing the County Attorney to pursue Legal action would
substantially remedy the violations and would clearly put those
in violation on notice of the intent of the County to pursue
remedies to correct zoning violations .
RECOMMENDATION: Authorize the County Attorney to pursue legal action
according to one of the options outlined in attached memorandum
from the Attorney.
„,.
L - •
. . ,
, . .
055
PAOLA 4 JANICE FLUTAN I
-n
VARIANCE R,EQUi51- ....
ENO TOWNSHIP TAX MAP ito'A
, Coutillq LAME ESTATE6
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ORANGE COUNTY PLANNING DEPARTMENT
HILLSBORO:MR •
. NORTH CA-ROIZTA.
-
27278
-
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•
. ..- .
'rt■ cts10*
• i MINUTES
• . BOARD OF ADJUSTMENT-
AUGUST 6, 1984
The Orange County Board of Adjustement met in regular session Monday, August 6,
1984 at 7:30 p:m.. in the District Courtroom of the Orange County Courthouse in
Hillsborough, NC.
MEMBERS PRESENT: Steve Kizer (Chair) , Joe Suggs, Joe Rees, James Ray, Wesley
Pattishall
STAFF PRESENT: Jeff Coutu, Jane Atwater
AGENDA ITEM #1 : 4-2-84 Minutes,
_MOTION: Suggs moved approval of the minutes. Rees seconded the motion.
1..'
,
-VOTE: Motion carried unanimously.
6-4-84 Minutes
MOTION: Pattishall moved approval of the minutes. Suggs seconded the motion,
VOTE: • Motion carried unanimously.
6-11-84 Minutes
MOTION: : Suggs moved approval of the minutes. Pattishall seconded the motion.
VOTE: Motion carried unanimously.
Kizer explained the procedures for the Board evaluation of variance requests and
asked that all persons wishing to speak to the Board or present evidence concerning
the request come forward and be sworn in.
410' AGENDA ITEM #2: Request by Paolo Flezzani
SWORN IN Jeff Coutu, Bryant Roberts, Hugh Morris, Thelma Morris and Joe Verini ,
This item is a request by Paolo Flezanni through Bryant Roberts for a 13.8' variance
to section 5.1. 1 of the Orange County Zoning Ordinance.
Kizer asked Coutu if the application was complete and the notifications were in
order. Coutu stated to the best of his knowledge they were
- Bryant Roberts, the builder of the Flezzani 's garage stated that he thought his
secretary had obtained the building permit and she thought he had obtained the
permit, so no building permit wasohteined' forthe garage. Mr. Roberts. stated
. .
•
•
page 2
' Board of Adjustment • .
•
August 6, 1984
059
that he built the garage by the N.C. BUilding Code which requires a 5' setback
form .property lines. Mr. Roberts stated that the choices he had now were to
(1) buy additional land from the Morris'; (2) build a one car garage; or
(3) relocate the garage.
Mr. Roberts stated that the Morris' did not wish to sell any land. Mrs. Morris stated
that the reason they did not want to sell any land was the restrictive covenants
which prohibited the subdivision of land in Country Lane Estates.
Mr. Kizer presented a letter from the Morris' (Exhibit A) as evidence and allowed
Mr. Roberts to read it-.
• .
Mr. Verrini, the builder and developer of the subdivision, said he could not
understand the need for a 20' setback that, one or two feet was sufficient. ' •
At this point, Dr. Kizer closed the public hearing.
Findings of Fact:
(1) that the alleged hardships or practical difficultles are unique and singular
as. regards to the property of the person requesting the variance and are not those
MOTION suffered in common with other property similarly located. Mr. Rees moved that the
garage was constructed too close to the property line due to the inaction of the
applicant. Mr. Pattishall seconded
VOTE: Mofion carried unanimously.
(2) Applicant can make no reasonable return on the property. • Mr. Suggs stated that
he believed the property owner could make a reasonable use of the property and
comply with the Zoning Ordinance.
•
MOTION: Suggs moved emotion to that effect. Mr. Rees seconded the motion.
VOTE: Motion carried unanimously.
(3) That the variance, if allowed, will not substantially interfere with or
injure the rights of others whose property would be affected by allowance of the varianc:
MOTION: Mr. Rees moved that the inaction of the applicant created the problem. Mr. Pattishall
seconded the motion.
VOTE: Motion carried unanimously.
(4) That the variance is in harmony with and serves the general intent and purpose
of this ordinance and the adopted Comprehensive Plan.
MOTION: Mr. Rees moved that the request was not in harmony wi:th the ordinance. Mr. Suggs
seconded the motion.
VOTE: The motion carried unanimously.
(5) That allowing the variance will result in substantial justice being done.
TION: Mr. Suggs moved that allowance of the variance would not result in substantial
justice being done. Mr. Rees seconded the motion.
VOTE: The motion carried unanimously.
• page 3 . •
. Board of Adjustment - • 060
August 6, 1984 •
•
MOTION: Mr.. Suggs moved that the application for variance be denied. Mr. Rees seconded
the motion.
The motion carried unanimously: -
AGENDA ITEM # 3: Request by MCI Telecommunications Corporation
This item is a request by MCI Telecommunication Corportation for a Class B Special
Use Permit.for a transmitting and receiving tower, repeater station; equipment
building and a generator building. The property is currently vacant and zoned
R-1 Residential 1. The property is located in Bingham Township and is referenced
as Tax Map 13, Lot 3. The property is 67.8 acres in size. The Land Use Plan • •
shows the area as Rural Buffer where prevailing-land uses are rural residential
and agricultural in nature.
•
Findings of Fact: •
Before any application for a Special Use Permit is approved Section8.8 of the
Zoning Ordinance requires that the applicant present evidence supporting the approval
of the request, and that the Board make written findings certifying compliance
with the general and specific standards governing the special 'use.
a. General Standards:
(1) Is the use listed as a special use in the district in which it is to be located?
Staff comment: The property in question is zoned R-1 Residential and television
transmitting towers / dishes are permitted only as a Class.B Special Use Permit.
(2) Does the applicant comply with all applicable dimensional requirements as set forth
in Section 5 and Section 6 of the Zoning Ordinance.
•
Staff comment: All dimensional requirements will be complied with as shown. .
(3) Has adequate provision been made for sewage and solid waste disposal and a
supply of potable water? •
Staff comment: Not applicable.
(4) Has provision been made for police, fire and rescue protection?
Staff comment: Police protection will be provided to the site by the Orange
County Sheriff's Department. The Orange Grove Fire Department and Orange County
Rescue Squad will provide fire and rescue services.
(5)Have adequate provisions been made for vehicular access to the site and traffic
conditions around the site?
•
Staff Comment: Access provided to the site by way of S.R. 1102 by a gravel
drive. MCI will have to get a driveway permit approved by NCDOT.
(6) Specific Standards
(1) Adequate provision has been made, by means of fencing or otherwise, for the
security of the site.
Staff comment: MCI has shown and 8' high chain link fence around the tower,
equipment building and generator building.
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063
COLEMAN, BERNHOLZ, DICKERSON,
BERNHOLZ, GLEDHILL & HARGRAVE
ATTORNEYS AT LAW
uo CHURTON STREET
H ILLSBOROUGH,N.C.27278
919-732-2196
919-942-8000
CHAPEL HILL OFFICE-
SUITE 20,FRANKLIN BUILDING
137 E.FRANELIN STREET
CHAPEL HILL,N.C.27314 August 15, 1985
919-929-7151
ALONZO B.COLEMAN/JR.
STEVEN A.BERNHOLZ
DONALD R.DICE EFISON
ROGER B.BERNHOLZ
GEOFFREY E.GLEDHILL
DOUGLAS HARGRAVE
MARTIN J.BERNHOLZ
RICHARD J.SNIDER,JR. Don Willhoit, Chair
JANE G.de LISSOVOY Moses Carey
G.NICHOLAS HERMAN
LYNN A.ANDREWS Ben Lloyd
Shirl Marshall
BONNER D.SAWYER Norman Walker
(1902-1972)
Orange County Board of Commissioners
106 E. Margaret Lane
Hillsborough, North Carolina 27278
Re: Zoning Ordinance Violation Policy
Dear Board Members:
Two zoning ordinance violation enforcement matters
are on the August 20, 1985 agenda for Board action. It
is the view of the Planning staff, and I concur in that
view, that criminal action is not warranted in these
two cases. Rather, what is needed is corrective
action. That is, action which brings the use of the
property into compliance with the County's zoning
ordinance.
To my knowledge the Board of Commissioners has not
been previously asked for authority to file a civil
action to enforce the County's zoning ordinance.
Enforcement has been accomplished in the past either
voluntarily or by resort to the criminal courts. In
the later regard, as you know, a violation of the
County's zoning ordinance is a crime and punishable as
a misdemeanor under North Carolina General Statutes
Section 14-4. Enclosed is correspondence leading to a
policy adopted by the Board in August, 1980 which
policy sets forth a procedure for enforcement of zoning
violations. The need for Board of Commissioner action
in each case where a civil remedy is sought brings this
issue back to you for consideration. Specifically, the
question for Board decision is: Does the Board wish to
amend its policy regarding zoning ordinance violation
enforcement to include authorization to the staff to
institute a civil action in the name of Orange County
to enforce the County's zoning ordinance? If so, what
are the perimeters of this authority?
Q64
Board of Commissioners Page Two August 15, 1985
The concern here is, as you can imagine, the need
for quick action in some instances at a time when there
is an increase in development activity and an increase
in the amount of enforcement activity necessary.
Very truly yours,
elrAP°'.
Frey . Gledhill
GEG/lsg
Enclosures
xc: Marvin Collins
Ken Thompson
. a -
. 065-• ._
COLEMAN,BERNHOLZ AND DICKERSON
ATTORNEYS AT LAW
CHURTON STREET
.LONZO 11.COLEMAN.JR. HILLSBOROUGH.NORTH CAROLINA 27275 CHAPEL HILL OFFICE
STEVEN A.BERNHOLZ 9N 732-2196 SUn'S 20.FRANKLIN BUILDING
ROGER B.BERNHOLZ 919 942400 10 if7 EAST FRANKLIN STREET
DONALD R.DICKERSON CHAPEL HILL.NORTH CAROLINA 27514
GEOFFREY E.GLEDHILL 919 9297151
DOUGLAS HARGRAVE August 22, 1980
MARTIN J.BERNHOLZ
PATRICIA STANFORD HUNT LEGAL CLINICS
O(Couerol ADMINISTRATIVE OFFICE
RUNNER D.SAWYER 136 EAST ROSEMARY STREET
(1902.19721 CHAPEL HILL,NORTH CAROLINA 27514
919 9290395
. Mr. Jim Polatty
Director
Orange County Planning Department
Hillsborough, North Carolina 27278 .
Re: Zoning Ordinance Violation Policy
Dear Jim: •
•
Enclosed is a re-write of the policy concerning
' zoning- ordinance violations amplifing paragraph 8 as I
understood the Board of Commissioners' intention. Please
advise if you have any comments.
• Very truly yours,
COLEMAN, BERNHOLZ, DICKERSON,
BERNHOLZ, GLEDHILL AND HARGRAVE
f rey. E. Gledhill
j •
GEG/jac - ! J
Enclosure
•
r'
066,
ZONING ORDINANCE VIOLATION POLICY
In the event that there is probable cause to believe that
the County's Planning Ordinances are being violated the following
policy and procedure shall apply:
1. The Planning Department shall log any complaint from
a citizen, the Zoning Officer or the Building Inspector.
2. The Zoning Officer shall investigate the complaint
to determine the history and any other particulars about the case.
3. The Zoning Officer shall attempt to make personal con-
tact with the property owner to discuss the violation and any
action that is required to comply with the Zoning Ordinance.
4. The Zoning Officer shall send a certified letter to
the property owner outlining the violation of the ordinance and
the steps needed to bring the property or use into compliance.
5. The Zoning Officer shall reinspect the site after two
weeks to determine compliance.
6. If the site is not then in compliance, the Zoning
Officer shall hold a conference with the County Attorney to present
the evidence of the case to him. The Attorney shall indicate the
need for further investigation or information.
7. The Zoning Officer shall send a certified letter to
the property owner restating the violation and subsequent events
since the last letter. This letter shall state a new two-week
deadline and inform the owner of the potential legal consequences
if the violation is not corrected.
067
•
8. In two weeks the Zoning Officer shall reinspect the
site and if the property or use is still in violation he shall
consult with the County Attorney who will, proceed with further •
action where warranted. In cases where criminal prosecution is
indicated the District Attorney will be advised of the facts via
a conference involving the District Attorney, Planning Department
staff and the County Attorney. Subsequent to this conference but
before a criminal warrant is "sworn-out" the County Attorney shall
write a "cease and desist" letter giving the violator five days
to come into compliance and explaining that failure to do so will
result in criminal prosecution. LIn cases where a civil remedy
is indicated a "cease and desist" letter shall be sent to the
violator indicating that the violation must be corrected within five
days, the failure of which will result in civil action.] Thereafter
the matter will, be brought before the Board of County Commissioners
for authority to proceed in a civil action. In all cases of
irreparable harm to other property owners or the County's Zoning
regulations warranting immediate action, any or all of the above
time periods may be shortened or suspended altogether upon
the authorization of the Board of County CoMmissioners.
-2-
068
O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 20, 1985
Action bends
Item # 1-S
SUBJECT: SPECIAL PUBLIC HEARING — EROSION CONTROL ORDINANCE
AMENDMENTS _
DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No
ATTACHMENTS: CONTACT: Mervin Collins
7/24/85 Letter — Sedimentation TELEPHONE NUMBERS:
Control Commission Hillsborough 732-8181
Schedule for Revisions to Chapel Hill 967=9251
Erosion Control Ordinance Durham 688-7331
Mebane 227-2031
PURPOSE: To consider calling a special public hearing for
November 4, 1985 to receive public comment on
proposed revisions to the Orange County
Sedimentation and Erosion Control Ordinance.
NEED: On June 25, 1985, the N.C. Sedimentation Control
Commission approved a revised Model Local Soil
Erosion and Sedimentation Control Ordinance . The
revision was necessary to make the Model
Ordinance consistent with changes made in the
Sedimentation Pollution Control Act and its
regulations. The Commission further moved to
require all local governments administering such
ordinances to revise their documents to reflect
said amendments within 180 calendar days .
IMPACT: The revised Model Ordinance as approved currently
represents the minimum requirements for local
ordinance documents. Revisions at the Local
level must meet and may exceed those contained in
the Model. Revised Local ordinance documents
must be received by the staff of the Land Quality
Section no later than January 1 , 1986 .
Presentation of the proposed amendments at the
regular November 26, 1985 public hearing would
not allow sufficient time to meet the January 1
deadline. A special public hearing at the
Board's regular meeting date of November 4, 1985
is thus proposed. The attached schedule presents
a list of actions to be taken to insure
submission of the revised ordinance in accordance
with the January 1 deadline.
069
RECOMMENDATION: Set November 4, 1985 as date for special, public
hearing on revisions to Erosion Control
Ordinance. The proposed amendments would be be
presented initially to the Board of Commissioners
on October 7, 1985 for approval of the
advertisement notice.
—;"
•
t .
g
, .
•
. (I • .7;
) *
070. . •
State of North Carolina
Department of Natural Resources and Community Development
Division of Land Resources
• 512 North Salisbury Street• Raleigh, North Carolina 27611
•
James G. Martin, Governor July 24, 1985 Stephen G. Conrad
S. Thomas Rhodes, Secretary Director
Donald Wilihoit
Chairman
Orange County Commissioners
203 Lexington Road
Chapel Hill, NC 27514
•
Dear Mr. Willhoit:
On June 25, 1985 the North Carolina Sedimentation Control
Commission approved a revised Model Local Soil Erosion and Sedimentation
Control Ordinance. The revision was necessary to make the Model
Ordinance consistent with changes made in the Sedimentation Pollution
Control Act and its Regulations. The Commission further moved to
require all local governments administering such ordinances to revise
thTiei'Vrdiffance docmmenf57TT-reflect said amendments within 180 calendar
_ . - -
(Tays.
A copy of the revised Model Ordinance is included which contains
the subject changes. The changes themselves have been underlined and
are noted by an asterisk in the page margin opposite the revision.
• Please note that the revised Model Ordinance as approved currently
represents the minimum requirements for local ordinance documents.
Revisions at the local level must meet and may exceed those contained in
the Model.
Revised local ordJnancedpc'jmantsjgust be received
the L11d ualir—S-eCiion no later than January 1, 1986, for their review
an comment back to the local goveiAiii1711- necessary. The Land Quality
Staff will present all revised local ordinance documents to the
Sedimentation Control Commission for consideration and final approval
in March, 1986.
The Commission urges you to address these required changes at your
earliest possible convenience to avoid time constraints. Until such
time as the local ordinances have been amended and approved all local
erosion and sediment control programs shall operate under the terms of
their current documents.
•
•
P.O.Box 27687,Raleigh, North Carolina 27611-7687 Telephone 919-733.3833
An Equal Opportunity Affirmative Action Employer
' - 071
Please verify receipt of this transmittal with the Land Quality _"
Section as soon as possible. If you have questions regarding this
matter please advise either the Land Quality Staff or myself. •
Your cooperation in this matter is appreciated.
S" c-rely,
‘;'e'(: 1'f'f4ee
Oros ph A. Phillips, Chairman
Sedimentation Control Commission
JAP:SCD:cjb
cc: Mr. Warren Faircloth
Mr. Steve Conrad .
Mr. Charles Gardner
Mr. Harlan Britt
Mr. Taylor Currie
Mr. George Kaneklides
•
. Mr. Dan Oakley
Enclosure
•
072-
SCHEDULE FOR PREPARATION OF
REVISION TO EROSION CONTROL ORDINANCE
•
PER STATE MANDATE CF 6-25-85
August 7-23, 1985 Planning/Erosion Control Staff
prepares draft revision to
ordinance.
September 3, 1985 Planning Board Ordinance Review
Committee makes recommendation ,
September 11 , 1985 Planning Board agenda distributed
September 16 , 1985 Planning Board makes preliminary
recommendation regarding ordinance
revisions .
September 27, 1985 Commissioners agenda abstract sent
to Manaper 's office.
October 7, 1985 Commissioners set public hearing and
approve notice .
October 23/30, 1985 Advertise pub tic hearing
October 25, 1985 Commissioners agenda abstract sent
to Manager 's office.
November 4; 1985 Public hearing conducted/citizen
comment received .
November 13, 1985 Planning Board agenda distributed.
November 18, 1985 Planning Board makes recommendation
regarding revised ordinance.
November 22, 1985 Commissioners agenda abstract sent
to Manager 's office.
December 2, 1985 Commissioners take action on revised
ordinance.
December 6, 1985 Forward revised ordinance to
Land Quality Section — NCNRCD.
January .1 , 1985 Deadline for submission to MCNRCD. .
•
ORANGE COUNTY 073
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date August 20. 1985
Action A enda
Item #fli
SUBJECT: CORRECTIONS TO MINUTES RELATED TO- AMENDING THE7ZONING ORDINANCE
DEPARTMENT: PLANNING/BOCC CLERK PUBLIC HEARING Yes X
Attachment(s) Information Contact: SUSAN SMITH
JUAN FLORES
MINUTES
Telephone Numbers
Hillsborough — 732-8181
Durham — 688-7331
Mebane — 227-2031
Chapel Hill -- 968-4501
PURPOSE: To correct errors and omissions found in the minutes of the
Board of County Commissioners regarding amendments to the
Orange County Zoning Ordinances .
NEED: A review of the record of Board actions on the Orange County
Zoning Ordinance revealed errors and omissions in the minutes
of October 4, 1982; JuLy 5, 1983; ApriL 17, 1984 and February
19, 1985.
Specifically, these errors and omissions are as follows:
MINUTES SUBJECT ERROR/OMISSION
October 4, 1982 Amendments to 4.1 (8) and Vote missing
6.16 .12
Amendments to 6 .16 .6 .1 (g) Article reference is
and 6.16 .6.2 (g) incorrect
JuLy 5, 1988 Amendments to 8 .7; 8.7.1 ; Motion for approval
8.7.2; 8.7 .3; 8.8 referenced only 8.7 .3
ApriL 17, 1984 Amendment to 11 .10 Article reference is
incorrect
February 19,1985 Amendment to 4.3; 6 .3.1 ; Motion for approval
and Article 22 referenced only 6 .3
IMPACT: Board action will result in correction to the minutes and
clarification of Board action on these matters .
RECOMMENDATION: To correct the minutes .
- 1
074 . _ . . i® f .
Mr. Cannity said the first change was to Article 4.1.8 and since it was •
linked with Article 6.16.12 he would present them together; they deal with tele-
phone exchanges, subscriberloop huts, pressure regulator stations, water and
sanitary sewer pumping stations. (Clerk's note: for the specifics please see.
either the attachments to these minutes or the Zoning Ordinance.) Pending further
0 1
clarification of 6.16•.12, Commissioner Gustaveson moved to approve, seconded by,5,0. ,-
Commissioner Marshall, the amendments to Article 4.1.8 and the corresponding Article
6.16.12. :. •. .
Commissioner Marshall asked that those special groups who.•may be.affected by
. major changes proposed in the Zoning.Ordinance-be notified of such proposals prior --
. to the Board's decision.- :i:� -
- .Commissioner:Gustaveson moved,•seconded-by'Commissioner'Willhdit,•to approve ,
the amendment to Article 4.2.4.b.4.regarding additional•application criteria for _
. ': High Density Residential Districts. Vote: Ayes, 4(Conmissioners Gustaveson,:WiIlhoit,
Walker and'Whitted); noes, 1 (Commissioner Marshall). -
Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to approve - .
the amendment to Article 4.2.12 (a)(b) referring to Existing Commercial-V Districts. -
subject to appropriate wording by the County Attorney. Vote: Ayes, 5; noes, 0. -
Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve-
.
the definition of Efficiency Apartments with the deletion of (1) and renumber' 1
(2) and (3) as (1)'and. (2). Vote: Ayes, 5; noes, 0. .
Commissioner Willhoit moved, seconded by Commissioner Marshall, to table amend-
ments to Article-6.16.1 g and•6.16.2.g until ,the next'Commistioners' •meeting. 'Vote:
Ayes, 5; noes, O. . . -
Mr. Cannity said that the suggested amendments'to Article 8.4.8 and 8.4.9
were to place the same time limitation on-Special Use Permit Requests as•are pre- '
- sently'on rezoning requests. • .
Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the(
amendments to Article 8.4.8 and 8.4.9. During discussion, Commissioner Gustaveson ----
• amended his motion to read approval with the 12 month time limition on reapplication �._
on Special Use Permits, if withdrawn after advertisement, but that the withdrawal oft
the application is not to be considered denial of the petition; Commissioner Marshall's
second stood. Vote: Ayes, 4:(Commissioners Gustaveson, Marshall, Walker and Whitted);
noes, 1 (Commissioner Willhoit). !
Commissioner Gustaveson moved, seconded by Commissioner Whitted, to approve
•
• 7/5/a3 075 • ,
-.1..
2
E-2. Proposed rhangeq to the_loni no ordinAer-e- Don Willhoit mo
Shirley E. Marshall seconded, the changes in .81.3 of the Zoning Ordinanc.
411617
recommended by the Planning Board: . .
' . Paragraph 2, line 7. Delete N.If the Board finds the modification
stantial in its impact, or wishes to have additional public input, it may'
replace with The Board chall..:, VOTE: Ayes, 4
5-3. prakpasgatextshattiezto the_Subdivision_EeatilatianSr Shirle:
' Marshall 'moved and Don Willhoit seconded the proposed deletions to
17! Subdivision Regulations recommended by the Planning Board:
11 . -
21.1&=1ma. When access to a minor subdivision is proposed v
preexisting, platted, private road-, and where the private road provides ac
to lots in addition to the lot(s) created by the proposed minor subdivis
' the Planning Board may recommend a variance, pursuant to subsections VU-A -
of this ordinance, from the right-of-way and maintenance requirements
subsection IV-B-3-e of this ordinance. All variances shall be grante
accordance with Section VII of this ordinance.
• iv-B-3-c-5. Offsets - Unless exception is granted as provide,
Section•VII herein, an offset in the alignment of a street across an in-
. section shall not be permitted. .
.
J2::B:aa.- - -.211, Baskurze Si-rips - Unless exdapttinb is granted_aq prov
in Section VII herein, reserve strips controlling access to streets shall :
be approved. VOTE: Ayes, 4.
E-4. .: -8 - •,.. '''," ' r•VeMeDts_Progroam : Norman Wa
• moved; Shirley E. Marshall seconded the approval of the 1983-84 Secondary :
Improvements Program. VOTE: Ayes; 4
a E-5. Er-DPOSSii-ErizatePaads.at.andardS : . Shirley E. Marshall mo.
Richard E. Whitted seconded the proposed changes to the Private Road Standa
PRESENT PROPOSED
1-3 Class C 1-3 Class C
4-8 Class B 4-9 Class B
9 or more Class A • 10 or More Class A
The construction standards are also proposed to be changed.
PRESENT PROPOSED
Class C-10' Travelway Class C-8' Travelway ..
Class B-18' Travelway Class 8-12' Travelway
Class A-20' Travelway Class A-181 Travelway
With the clarification that all Class C roads must be posted; all C
C roads are required to be named. VOTE: Ayes; 4
E-6. Benq,ing_Rehsh_camti3cts: Richard E. Whitted moved; Don Will
seconded' the award of two Housing Rehabilitation contracts:
DUO STREET CONTRACTOR BID AMOUNT
J 31 Torain St. Samuel Englist 8,551.00
83 Daye St. Frank Griffin & Associates 11,055.00
VOTE: Ayes; 4
E-7. yetino_glelegate designatIDD - 11CnC and NACo CODIRCanan:
- Board designated Don Willhoit as the voting delegate to the annual
Carolina Association of County Commissioners Conference in August, 1983.
E-8. 2983-84 J3Luipst_Drdinancet, Don Willhoit moved, Shirle,
Marshall seconded the execution of the 1983-84 budget ordinance approved
27, 1983. Each commissioner signed the document.
. E-9- 144n9 Flange Sobool Pundina : After some discussion inclu
comments by Dan Lunsford, Orange County Superintendent ofSchool, EdCaldw
. - . . -.
- •
•
•
016
•0- A4M10115 41 64
10. BENFREw nervE. PART OP MonERM0922....DRIMB......AVD--BRIGAD4QH...:44kxi
•
BUTICIPATQW PAVING PROGRAM
Motion'was made by Commissioner Whitted, seconded by Commission-
er Marshall to approve paving (1) Brigddoon Drive from Linden Road to
McDermott DriVe, (2) McDermott Drive from Brigadoon Drive to Renfrew
Drive, and (3) Renfrew Drive from McDermott Drive to the end of Renfrew
Drive under the Orange County Participatory Paving Program. VOTING:
UNANIMOUSLY.
11.
(see page ZONTNG TEST E
ieBNUDNENT - N lit
eOUCOMESITIZZ-(ARTICLB
Susan Smith, Planner presented this for consideration by the
Board. She noted that the only change recommended was the deletion of the
last paragraph of the proposed text amendment: •
• "Should the size or configuration of the lot preclude compliance
with one or more of the setback requirements, compliance with setback
requirements which cannot be met due to lot size or configuration shall
not be required."
Notion was made by Commissioner Marshall, seconded by Commis-
sioner Whitted to approve the revised text amendment to Article 11
Nonconfformities as corrected with a notation at the bottom of section
11.11.10 to read "See Board of Adjustment section for appeal procedures".
VOTING: UNANIMOUSLY.
12. BADDIa_DEIZE ADDITION TO THE STATE MAINTAINED ROAD SYSTEM
Motion was made by Commissioner Walker, seconded by Commissioner
Whitted to approve the addition of Saddle Drive in Willow Ridge Subdivi-
sion to the state maintained secondary road system. VOTING: UNANIMOUSLY.
13. OUTDOO.E_IaBZINZ_=_CEDBE GROVE AND 02,61r.a..B.IGILEMIDDI.
• Thompson presented the bid results for the outdoor lighting at
Cedar Grove Park and Orange High School:
VENDOR ZDETDBI.1.22.B142 TENNTS COURTS BOTH
• Tommy Lawrence $16,000 $25,000 $40,500
Electrical Contr.
Holland Electrical Co.$19,864 $28,833 $48,000
S & S Electrical $16,646 $34,300 $50,946.
Construction Co.
E E R, Inc. $20,320 $30,256 $50,576
Motion was made by Commissioner Walker, seconded by Commissioner
Lloyd to approve a contract to Tommy Lawrence Electrical Contractors, Inc.
of Roxboro, N.C. for the purpose of constructing outdoor field lighting
for a softball field at Cedar Grove Park and for eight (8) tennis courts
at Orange High School at a cost of $40,500 ($16,500 for softball field,
and $25,000 for tennis courts. VOTING: Ayes, 2; Noes, 3 (willboit,
1 Marshall, and Whitted).
The Tennis Courts and the Softball Field at Orange High School
and their inclusion in the budget were discussed.
Motion was made by Commissioner Whitted, seconded by Commis-
.
sioner Marshall to award a contract to Tommy Lawrence Electrical Con-
tractors, Inc. of Rol:boro, N.C. for the purpose of constructing outdoor
field lighting for a softball field at Cedar Grove Park. VOTING:
UNANIMOUSLY.
- pp--
4 . 3OCc mAIOT-E5 a//f/65-
077
7
Section 6.24d - offstreet loading' requirements - the Planning
Board did not attach 'a condition for approval; sufficient area
was available for the loading spaces.
Section 6.24.fl. 2. 3 - Landscaping - Conditions 4, 7, 8
Section 6.24.4 - Screening - Conditions #7, 8.
Five additional conditions were recommended by the Planning Board.
Motion was made by Commissioner Marshall, seconded by Commissioner Carey
that . a preponderance of evidence indicates compliance with the general
standards, specific rules governing the specific use, that the use complies
with all required regulations and standards, that the Planning Board's
recommendations as to the findings are correct, and that we approve the special
use permit with the eleven conditions as corrected by the Board.
VOTE: UNANIMOUS.
4. OAKDALE PARK 42 PLANNED DEVELOPMENT/SPECIAL USE APPLICATION
Collins presented for consideration a proposed Planned Development/Special
Use Permit application for 52.78 acres of land located west of N.C. Highway 86
and east of the Interstate 40 corridor. The purpose of the request is to
permit the construction of a 57 unit mobile home park.
With reference to the negative finding in Section 7.14.3a7 Signs to be
erected in accordance with Article 9. Collins indicated there was not a condi-
tion that addressed this negative finding.
Chair Willhoit noted the letter provided by Hillsborough which indicates
the availability of water service is being modified to indicate an approximate
date for providing such service but does not necessarily mean it will be
available; it will be upon the action of the Tbwn Board. Be stated his concern
is that this project is a tremendous distance from Hillsborough and does not
provide for the orderly growth around the Sown of Hillsborough as provided for
in the land use plan. Be feels it does not promote good public health, safety
and welfare. Be suggested this item be tabled until such time that the Town
can provide water to the development.
Board Attorney Geoffrey Gledhill pointed out that the Board must make a
finding on the evidence presented for the method and adequancy of the provision
for sewage disposal facilities, solid waste and water service and determine if
this part of the ordinance has been satisfied and met by the developer.
Commissioner Marshall noted the problem is that this is not a transition
area on the land use plan; that it is rural residential or rural buffer and our
ordinance approves mobile homes.
Commissioner Lloyd noted that this development has net the criteria of the
ordinance and it would seem awkward to reject this development.
Commissioner Marshall noted that the only evidence against this develop-
ment was the concern of adjoining property owners about the devaluation of
their property.
Gledhill clarified that if the developer intends to lease spaces which are
clearly defined on the ground then it is considered a subdivision.
Collins recommended amending condition 414 to include that the final plans
mast be approved within 6 months of the issuance of the special use permit and
prior to the start of construction.
Commissioner Marshall corrected #14 to read "prior to the issuance of the
grading and building permit."
Collins added to #11 the definition for hard surface and built to state
standards. Also to 020 that signage details must be submitted to determine
compliance with Article 9 signs prior to the issuance of signs.
Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to
approve the development in accordance with the finding of fact subject to the
20 conditions as corrected by the Board.
VOTE: AYES, 4; NOES, 1 (Chair Willhoit)
51 AMENDMENT TO THE ZONING ORDIKANCE-TEMPORARY MOBILE HOMES
Collins explained this amendment allows for the use of a temporary mobile
•
078
8
home during the installation or construction of a separate permanent home on
that same lot.
Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd
that Section 6.3 of the Zoning Ordinance, Regulation of Principal Uses, to be
amended as stated under the needs portion of the agenda abstract to provide for
the use of tenporary mobile homes.
In answer to Jerry Robinson's request to have this amendment approved by
the Health Board, Collins noted that before a building permit is issued for a
temporary. mobile home they do have to have the approval of the Health
Department to either utilize the existing septic tank or to put in a new one.
VCTE: UNANIMOUS.
6. POPLAR RIDGE SECTION TV PRELIMINARY PUN(descriptive narrative is in
the permanent agenda file)
Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to
approve the recommendation as made by the Planning Board.
VCTE: UNANIMOUS.
8. MASSAGE PARLORS
Sheriff Pendergrass asked expedience in the enactment of an ordinance in
Orange County to regulate the Massage Parlors. He noted that nothing is known
about the people who work in these places; they have been arrested for drugs
and control substance charges. There are two massage parlors in the county.
In answer to Commissioner Walker's concern about regulation, Pendergrass
indicated that by not passing-an ordinance in Orange County the County is
accepting these parlors along with their illegal activities. Pendergrass
indicated complete cooperation in working with the County Attorney to draft an
ordinance.
Motion was made by Commissioner Carey, seconded by Marshall
to authorize the preparation of a draft ordinance in conjunction with the
Manager, Attorney and the Sheriff for the purpose of regulating massage par-
lors as a means to deter or prevent illegal activity within massage businesses.
VOTE: UNANIMOUS.
NOTE: CHAIR WILLBOIT' ANWUNCED THE DEPARTMENT REPORTS WILL BE POSTPONED UNTIL
MARCH 6
9. REMAPPING BIDS FOR CHAPEL HILL TOWNSHIP
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to approve the bid from L. Robert 'Kimball and Associates for the
multi-year project and authorize $28,064 in funding for phase one in the
1984-85 fiscal year and authorize the Manager and the Chairman of the Board
to enter into a contract for the first and later phases subject to the avail-
ability of funds as annually determined in the budget process.
VOTE: UNANIMOUS.
Roscoe Reeve, Land Records Manager, introduced to the Board three
members of L. Robert Kimball and Associates; Jim Morgan, Vice President; Tbny
Nastasia, head of the division for photographic and cadastral mapping; and
Jerry Kubala, bead of the North Carolina branch.
10. ORANGE CHATHAM COUNTY BOUNDARY SURVEY(see correspondence in perma-
079
GRANGE COONTY
BOARD CF CCMMISSIONERS Action Agenda
ACTION AGEWA ITEM ABSTRACT Item No.Fri
Meeting Date: AUGUST 20, 1985
SUBJECT: LEASE AMENXIENr—OID POLICE BUILDIKV
DEPARTMENT: PURCHASING PUBLIC REARM: Yes X No
ATTACHMENNS): INFOR4ATKIN CONENCr: MANWER'S
OFFICE, X501
TELEPHONE 111/MR:
PROPOSED LEASE AMEMMENT Hillsborough -732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331 .
PURPOSE: For the Board to consider approving an amendment to the recently
enacted lease between the Town of Chapel Hill and Orange County
for the rental of the Old Police Building.
NEED: The Town of Chapel Bill has proposed an amendment to the lease
which will require the County to:
1) Nan e the Town as an additional insured under its comprehen-
sive general liability policy as it applies to the lease
agreement.
2) Carry a $500,000 limit for fire-legal liability insurance.
Fire legal is coverage with respect to property damage to
structures leased to the County.
3) Require of its sublessees that they carry liability
insurance naming the Town and County as additional
insureds.
IMPACT: 1) The County can add the Town as an additional insured on its
general liability policy at no additional cost.
2) The County can purchase $500,000 of fire-Iegal liability
for $250.00. The County currently carries $50,000 of fire-
legal.
080
3) The County' will need to amnd its existing subleases with
tenants in the Old Police Building to include the require-
ment that they carry liability insurance naming the Town
and County as additional insureds.
The County Attorney has reviewed and approved the proposed lease
amendment.
Funds are available in account #1059054 for the additional
coverage.
RBCCMMEMATION:
Approve the proposed lease amendment and authorize the Chair to
sign.
081
LEASE AMEN
This Lease Anenduent (the "Amendment") to that certain Lease
Agreement dated July 13, 1985 (the "Lease"), by and between
the Tbwn of Chapel Bill, as Lessor (the "Town") and the
County of Orange, as Lessee (the "County").
In consideration of the mutual covenants and conditions set
forth below, the Tbwn and County agree as follows:
1. The Lease shall be amended to include provision #14
which shall read as follows:
14. Insurance
The County shall provide at its own expense liabi-
lity insurance, naming the Tbwn as an additional
insured, covering its activities at the Leased
Premises in limits approved by the Tbwn Manager,
and any other insurance required by law or the
Town, such as Workmen's Compensation. Copies of
such insurance policies shall be provided to the
Town Manager at execution of the Renewal Lease
Agreement. Said Insurance shall provide that the
Town be given at least 30 days prior written notice
before a policy maybe altered, amended, cancelled,
terminated, or allowed to lapse. The County shall
require all subleases to provide at its or their
expense liability insurance, naming the Town and
County as additional insured, covering a
subleasee's activity on the Leased Premises in
limits approved by the Town Manager. Copies of
such insurance policies shall be provided to the
Town and County prior to a subleasee occupying
space in the Leased Premises. Said insurance shall
provide that the Town and County shall be given at
least 30 days prior written notice before a policy
maybe altered, amended, cancelled, terminated, or
allowed to lapse.
M-:
082
2. The Ame dnEnt described in #1 above shall become
effective on August 20, 1985.
fr'
This the day of August, 1985.
COMFY' crcj
BY:
DON WXLLHOIT, CHAIRMAN
amE COUNTY BMW OF
CQ 1I.SSIONERS
ATTEST:
BEVERLY =THE, =RR TO THE ORANGE
COUNTY BUM a? COMMISSIONERS
THE TOWN (P CHAPEL HILL
BY:
JOSEPH L. MASSIF
MAYOR
ATTEST:
TOWN CLERK
083
ORANGE COUNTY
BOARD CF COMMISSIONERS Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No.
Meeting Date: AUGUST 20, 1985
SUBJECT: SOIL AAD MTERCCANISERVATION OFFICE LEASE
DEPARTMENT: COUNTY MANAGER PtinLTC HEARING: Yes iLNo
ATTACHMENT(5): INFORMATION COMM: MANV3ER'S
OFFICE, X501
TELEPHONE NUMBER:
YES Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider entering into a lease with Central Telephone to
house two staff nembers of the Soil and Water Conservation
office temporarily.
NEED: The office space provided for Soil and Conservation in the Agri-
culture Extension Building cannot accost the nunber of
employees. Leasing 420 feet of additional office space in the
adjacent Central Telephone building would facilitate this
agency's space needs and be convenient to the rest of agency's
functioning in the Agriculture Extension Building. After reno-
vation is completed of the recently acquired Carr Building into
County office space Soil and Water Conservation will be
relocated. Duration of the lease will be one year with the
lease amount set at $2,400.
IMPACT: Rental funds are budgeted in SCS's rental account.
RECOMENDATION(S) :
Approve lease agreement with Central Telephone Company for
office space.
084
LEASE
•
1. PARTIES. This lease, dated August 20 , 1985 between Central
Telephone Company, a Delaware corporation (Lessor) , and County of
. Orange, North Carolina (Lessee).
2. PREMISES. Lessor hereby leases to Lessee and Lessee hereby from
Lessor for the term, at the rental , and upon all the convenant.s
and conditions set -forth herein, the Premises, outlined in red on
Exhibit A, attached hereto, and by this reference incorporated
• herein, located at 132 E. King Street, Hillsborough, North Carolina ,
• consisting of approximately 420 square feet of office space.
3. TERM.
3. 1 The term of this Lease shall be for twelve months, commencing
on September n -, 1985, and ending on August 31- , 1986,
unless sooner terminated pursuant to any provision hereof.
3.•2 Notwithstanding the above commencement date, if Lessor for any
reason whatsoever, cannot deliver possession of the Premises to
Lessee on said date, Lessor shall not be subject to any liability
thereof, nor shall such failure affect the validity of the Lease or
the obligations of Lessee hereunder; but in that event Lessee shall
not be obligated to pay rent until the time when Lessor can deliver
possession. In case of any such delay, the termination date of
this Lease shall be extended for an equal period.
4. RENT. .
4. 1 Lessee shad pay to Lessor as base rent for the Premises equal
monthly payments of Two-Hundred Dollars ($200.00) in advance on the
first day of each month for the term hereof. Lessee shall nay
Lessor upon the execution hereof ($200.00) as rent for the month of
September , 1985.
4.2 Rent for any period during the term hereof, which is for less
than one month, shall be a prorate portion of the monthly install -
ment. Rent shall be payable in lawful money of the United States
to Lessor at the address stated herein or to such other places as
Lessor may designate in writing. -.
5. USE. -
5.1 The leased Premises may be used and occupied only for Municipal
Office Space.
5.2 At -Lessee' s expense, Lessee shall comply promptly with all
applicable statutes , ordinances , rules, regulations , orders and
requirements regulating the use of the Premises. Lessee shall not
use or permit the use of the Premises in any manner that would
tend to create waste or a nuisance or would tend to unreasonably
disturb any other tenants in the building containing the leased
Premises..
2of7
085
5.3 By entry hereunder, Lessee hereby accepts the Premises as
being in the condition called for by this Lease and any exhibits
. attached hereto, subject to all applicable zoning, municipal ,
county and state laws, ordinances and regulations governing and
regulating the use of the Premises.
6. MAINTENANCE, REPAIRS AND ALTERATIONS.
6.1 Lessor' s Obligations. Except for damage caused by any
negligent or intentional act or omission of Lessee, Lessee's
agents, employees, or invitees, and except for reasonable wear and
tear, Lessor shall , at its own expense, keep in good order, condit-
ion and repair the foundations, exterior walls , exterior roof and
landscaping. Lessor shall not be required to maintain the interior
surface of exterior walls , windows , doors or plate glass.
6.2 Lessee's Obligations.
a. Subject to the provisions of Section 7.1 , Lessee, at Lessee's .
expense, shall keep in good order, condition and repair the leased
•
Premises and appurtenances and every part thereof including, with-
out limiting• the generality of the foregoing, all plumbing, heating,
air conditioning, ventilating, electrical and lighting facilities
.and equipment used by Lessee, fixtures, interior walls and interior
surface of exterior walls; ceilings, windows, doors, plate glass,
showcases , skylights , entrances and vestibules located within the
Premises and all signs located in the areas which are appurtenant
to or included with the Premises.
b. If Lessee fails to perform Lessee' s obligations under Section
7.2, Lessor may at Lessor's option, enter the Premises after ten
days ' prior written notice to Lessee, and put the same in good order,
condition and repair, and the reasonable cost thereof shall be due
and payable as additional rent.
c. On the last day of the term of this Lease, or on any sooner
termination, Lessee agrees to surrender the Premises to Lessor in
the same condition as they were received , ordinary wear and tear
excepted. Lessee agrees to repair any damage to the Premises occas-
ioned by the removal of its trade fixtures,• furnishings and equip-
ment.
6.3 Alterations and Additions.
a . Lessee shall not, without Lessor' s prior written consent, make
any alterations, improvements or additions. Lessor may require that
Lessee remove any or all of said alterations , improvements or addit-
ions at the expiration of the term, and restore the Premises to
their prior condition.
b. Lessee shall pay, when due, all claims for labor or materials
furnished or alleged to have been furnished to or for Lessee at or
for use in the Premises, which claims are or may be secured by any
mechanic' s or materialmen ' s lien against the Premises or any in-
terest therein.
3 of 7
086
c. Unless Lessor requires their removal , ass set forth in Para-
graph 7.4 (a. ) , all alterations , improvements or additions which
may be made on the Premises , shall become the property of Lessor,
and remain upon and be surrendered with the Premises at the ex-
piration of the term.
7. INSURANCE: INDEMNITY.
7. 1 Insurance. Lessee shall , at Lessee's expense, obtain and keep
in force during the term of this Lease the following policies of
insurance in the following amounts:
Workers Compensation Statutory' Limits, Comprehensive General
Liability
Insurance - $1,000,000 combined single limit; Automobile Liability_
Insurance - $1,000,000 combined sinV9le limit.
The limits' of said insurance shall not, however, limit the liability
of Lessee hereunder. If Lessee shall fail to procure and maintain
said insurance Lessor may, but shall not be required to, procure and
maintain the same, but at the expense of Lessee. Insurance required
of Lessee hereunder shall be with companies acceptable to Lessor.
Lessee shall deliver to Lessor copies of polices of such insurance
or certificates evidencing the existence and amount of such insur-
ance as specified herein.
7.2 Indemnity. Lessee shall indemnify and hold harmless Lessor
from and against any and all claims arising from Lessee's use of
the Premises, or from the conduct of Lessee 's business or from any
activity, work or things done, permitted or suffered by Lessee in
or about the Premises or elsewhere and shall further indemnify and
hold harmless Lessor from and against any and all claims arising
from any breach or default in the performance of any obligation on
Lessee's part to be performed under the terms of this Lease, or
arising from any negligence of the Lessee, or any of Lessee's agents,
contractors, or employees, and from and against all . costs , attorney' s
fees, expenses and liabilities incurred in the defense of any such
claim or any action or proceeding brought thereon ; and in case any
action or proceeding be brought against Lessor by reason of any such
claim, Lessee upon notice from Lessor shall defend the same at
Lessee' s expense by counsel satisfactory to Lessor. Lessee, as a
material part of the consideration to Lessor, hereby assumes all
risk of damage to property or injury to persons, in , upon or about
the Premises arising from any cause and Lessee hereby waives all
claims in respect thereof against Lessor.
4 of 7
087
7.3 Exemption of Lessor From Liability. Lessee hereby agrees that
Lessor shall not liable for injury to 'Lessee's business or any loss
of income therefrom or for damage to the goods, wares, merchandise
or other property of Lessee, Lessee's employees, invitees , customers ,
or any other person in or about the Premises, nor shall Lessor be
liable for injury to the person of Lessee, Lessee's employees, agents
or contractors, whether such damage or injury is caused by or results
from fire, steam, electricity, gas, water or rain, or from the break-
{ age, leakage, obstruction or other defect of pipes, sprinklers, •
wires, appliances, plumbing, air conditioning or light fixtures, or
from any other cause, whether the said damage or injury results from
conditions arising upon the Premises or upon other portions of the
building of which the Premises are a part, or from other sources or
places, and regardless of whether or not the cause of such damage
or injury or the means of repairing the same is inaccessible to
Lessee. Lessor shall not be liable for any damages arising from
any act or neglect of any other tenant, if any, of the building in
which the Premises are located.
8. DAMAGE OR DESTRUCTION. If during the term of this lease, the
Premises are damaged by fire or other casualty, not occurring
through Lessee's negligence, and the Premises are rendered partially
or wholly unfit for .occupancy, the rent shall be equitably adjusted
by Lessor, or Lessor may, at its option , terminate this Lease effect-
ive the date of such damage.
9. . ASSIGNMENT AND SUBLETTING. Any assignment, transfer, mortgage, sub-
lease or other transfer or encumbrance of all or any part of Lessee's
interest in this Lease or in the Premises shall be void unless Lessor
has given prior written consent. .
10. DEFAULTS: REMEDIES.
10.1 Defaults. The occurrence of any one or more of the following
events shall constitute a material default and breach of this Lease
by Lessee:
a. The vacation or abandonment of the Premises by Lessee.
b. The failure by Lessee to make any payment of rent, additional
rent, or any other payment required to be made by Lessee.
c. The failure by Lessee to observe or perform any of the conven-
ants, conditions, provisions , rules or regulations of this Lease to
be observed or performed by Lessee.
d. The filing by or against Lessee of any arrangement under any
law relating to bankruptcy.
10.2 Remedies . In the event of any such material default, Lessor
may, without limiting Lessor in the exercise of any right or remedy
which Lessor may have by reason of such default or breach :
a. Immediately re-enter and remove all persons and property from
said Premises.
088 5of7
b. Terminate this Lease or from time to time, without terminat-
ing this Lease, re-let said Premises,' or any part thereof.
C. Collect by suit or otherwise such installment of rent or other
sum as it becomes due or enforce by suit or otherwise any convenant
or condition or term of this Lease required to be performed by
Lessee.
•
11. CONDEMNATION. If the Premises or any portion thereof are taken by
any branch of government pursuant to the power of eminent domain,
Lessor shall at its option, either equitably 'adjust the rent due
hereunder or terminate this Lease.
•
12. GENERAL PROVISIONS.
12.1 Severability. Any provision of this Lease determined to be
' i vn alid by a court of competent jurisdiction, shall in no way effect
any other provisions hereof.
12.2 Interest' on Past Due Obligations.. Except as expressly herein
otherwise provided, any amount due Lessor from Lessee not paid when
due shall bear interest at eighteen (18%) percent per annum from
the date due. Payment of such interest shall not excuse or cure
any default by Lessee under this Lease.
12.3 Incorporation of Prior Agreements ; Amendments, This Lease
contains all agreements of the parties with respect to any matter
herein. No prior agreement or understanding pertaining to any such
matter shall in any way bind the parties to this agreement. This
Lease may be modified in writing only, signed by the parties in in-
terest at the time of the modification.
12.4 Notices. All notices under this Lease shall be in writing and
shall be deemed delivered twenty-four (24) hours after deposit in-
the United States mail , postage prepaid, properly addressed to
Lessee at the address of the Premises , or to. Lessor, at the address
designated for rental payment.
. 12.5 Waivers. No waivers by Lessor of any provision hereof shall
be deemed a waiver of any other provision.
12.6 Holding Over. If Lessee remains in possession of the Premises
or any part thereof after the expiration of the term hereof without
executing a new lease, such occupancy shall be construed as a
tenancy from month-to-month at a rental rate. in the amount. of twice
the last monthly rental plus all other charges hereunder, and upon
all of the terms of this Lease.
12.7 Binding Effect. Subject to any provisions hereof restricting
assignment or subletting by Lessee, this Lease shall bind the part-
ies , their successors and assigns. '
• 6of7 - 089
12;8 Lessor' s Access. Lessee shall permit Lessor and Lessor's
agents to enter the leased Premises at all reasonable times.
The parties hereto have executed this Lease as of the date and year
first above written.
7 of .7
. 090
LESSOR
CENTRAL TELEPHONE COMPANY
. .
WITNESS , BY.
• ITS
•
CENTRAL TELEPHONE COMPANY ADDRESS
•
• LESSEE
COUNTY OF ORANGE•WITNESS BY . •
•
ITS • •
• COUNTY OF ORANGE ADDRESS •
Mit inttruwit l'ea been preatdited IN 41m
manner required by the total Gumminess& .
'Budget and Fiscal -Control Act.
Orange County"'
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092
ORANGE MINTY
BOARD CF CCMISSI(ZERS Action Agenda
ACTION AGEN)A ITEM ABSMACT Item No.
Meeting Date: AUGUST 20, 1985
SUBJECTS SPACE PLANNING AN) ARCHITECTURAL SERVICE FOR CARR BUILDING
RE2OVATION
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes jLlb
AMMER:ENT(S): INFCMATION CONTACT: MANGER'S
CRFICE, X501
YES TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham _- 688-7331
PURPOSE: TO consider selecting an architectural firm to help plan and
design specifications for renovation of the recently acquired
Carr Wilding.
NEED: A request for proposal was solicited from three local architec-
tural firms which were recognized to have space planning capabi-
lity.
See attached proposals with fee amounts as follows:
Firm Fee Amount
Gary Giles Could not take on the work at
Chapel Hill this time.
Dail Dixon Associates Hourly rates not to exceed 10%
Carrboro of final construction contract.
CHR Associates Hourly rates not to exceed
Chapel Hill $15,460.
IMPACT: While several alternative office layouts could be arranged the
architectural service envisioned will ensure that the most effi-
cient and economical use is made of the building.
RECCMMENDATION(S):
Award Carr Building Architectural Services contract to CHR
Associates at an amount not to exceed $15,460.
•
093
•
GARY GILES, ARCHITECT, A.I.A.
214 weez rosemary se, essoei Mik ma- PIPt 9B7-9S •
Uilliam T. Laws
Assist. Co. Manager
106 East argaret Lane
Hillsboro, N.C. 27278
August 9, 1985
Dear Mr. Laws:
I received your invitation for a proposal to design, the
renovation of the Carr Stone Building for county offices.
I regret that our present commitment to other projects is
to such a degree that a fall schedule for your project would
be impossible.
I do appreciate the invitation and consideration for this
project. I would hope to be of service to you and the
county on future w .
Sincerely
Gary .7 es 4%41
• 094
DAIL DIXON&ASSOCIATES.Architects
July 29, 1985
•
Bill Laws
Orange County Offices
• 106 E. Margaret Lane
• Hillsborough, N.C. 27278
Dear Bill,
• Our Firm proposes the following fees for architectural
services for the renovation of the Carr Store Building
located on Highway 70A in Hillsborough. Our proposal
does not include programing with the individual depgrt-
ments. We will depend on your office to supply all
programming information and communication between our
office and each department. If we are required to
produce the program, these services shall be extra according
to the hourly rate quoted.
Renovation has many unknowns and coupled with the general- -
ity of your proposal letter, dated July 24, 1985, we are
unable to offer a fixed dollar amount. With this concern,
we propose to perform architectural services not includ-
ing programming, on an hourly basis with a total amount
not to exceed 10% of the final construction contract
• cost. The hourly rates and other costs involved are as
follows.
Dail Dixon $35.00/hr
Architectural Associates 30.00/hr
Clerical 20.00/hr
Milage • .20/mile
• Blueprints for bidding
purposes - small .65/sheet
large .95/sheet
Suite 220 Carr Mill,Carrboro,NC 27510.919/968-8333 -
• Members of the American Institute of Architects
095
Xerox Prints for
Bidding Purposes .10/sheet
Engineer & Special
Consultants at cost
Long Distance Telephone
Calls at cost
Thank you for your consideration of this proposal, and
we hope to hear from you soon.
Sincerely,
Michael Hubbard
CHRASSOCIATESsPA
July 25, 1985
•
Mr. Bill Laws
.
Assistant County Manager
Orange County Courthouse
106-E. Margaret Lane
Hillsborough, NC 27278
Dear Bill:
We are pleased to furnish you with this proposal for space planning,
architectural, and engineering services in connection with your planned
conversion of The Best Food Store into Orange County offices.
The scope of work will necessitate the following:
Field survey of existing conditions
Interviews with department heads
Collection of programming data
Inventory of existing equipment and furnishings
Preparation of space plan utilizing existing equipment and
furnishings
Design of plumbing, mechanical, and electrical systems as required
Preparation of construction documents and specifications
Bidding or Negotiation
Construction Inspection
We propose to do this work on an hourly basis not to exceed the following:
Engineering $ 2,160.00
Space Planning/Architecture 13,100.00
Total $15,460.00
097
Our billing rates are as follows:
STAMM PER DIEM RATES
Principal Architects, Engineers $ 85.00
Junior Officers $ 55.00
Senior Architects, Space Planners, Engineers $ 55.00
.Associate Architects, Space Planners, Engineers $ 45.00
Staff Architects, Space Planners, Engineers $ 35.00
' Draftspersons $ 20.00
Secretaries $ 20.00
Computer charges To be established
for each assignment
Out of pocket costs for travel, long Actual cost
distance telephone calls and printing.
We understand that the budget on this project is limited and we are
confident that we can work within these constraints to provide a very
pleasant and functional environment for the county.
We look forward to working with you on this project.
Sincerely,
CHR Associates, P.A.
C4YL )nit t"(16143/
Lyn McClay
Director - Interior Design/Space Planning
cc: Michael fining, AIA
Alan Butler
SECTION 0021 FORM OF CONSTRUCTION CONTRACT CO py
(ALL PRIME CONTRACTS)
THIS AGREEMENT, made the 19th day of August in
the year of 19 86 by and between Mebane Heating and Air Conditioning,
Inc., P.O. Box 756, Mebane, North Carolina
hereinafter called the Party of the First Part and the Orange
County Board of Commissioners; through the Orange County
Manager's office hereinafter called the Party of the Second
Part.
WITNESSETH:
That the Party of the First Part and the Party of the
Second Part for the consideration herein named agree as
follows:
1. Scope of Work: The Party of the First Part shall
furnish and deliver all the materials, and perform
all of the work in the manner and form as provided
by the following enumerated plans, specifications
and documents, which are attached hereto and made a
part thereof as if fully contained herein:
Advertisement, Instructions to Bidders, General
Conditions, Supplementary General Conditions,
Specifications, Accepted - Proposal, Contract,
Performance Bond, Payment Bond, Power of Attorney,
Workmen's Compensation, Public Liability, Property
Damage and Builder's Risk Insurance Certificates,
and Drawings, entitled:
- •
Carr Building Renovation
Consisting of the following sheets A1.1, A2.1, A2.2,
A3.1, A4.1, A5.1, Ml, Pl, SW1, SW3, SW4, SW5
Dated: and the following addenda:
Addendum No. 1 Dated 6-19-86 Addendum No. Dated
Addendum No. Dated Addendum No. Dated
Addendum No. Dated Addendum No. Dated
Addendum No. Dated Addendum No. Dated
2. That the Party of the First Part shall commence
work to be performed under this Agreement on a date
to be specified in a written order of the Party of
the Second Part and shall fully complete all work
hereunder within 180 (one hundred eighty)
consecutive calendar days from said date. For each
day in excess thereof, liquidated damages shall be
as stated in Supplementary General Conditions. The
Party of the First Part, as one of the consider-
, ations for awarding of this Contract, has furnished
to the Party of the Second Part a construction
schedule setting forth planned progress of the
building broken down by the various divisions or
part of the work and by calendar days. In • the
event that the progress of the work is not
IF
maintained on schedule by the Party of the First
Part, or in the event the work is not completed
within the time above specified, the Party of the
Second Part may upon fifteen (15) days notice, sent
by Registered Mail, to the Party of the First Part
and his Surety, declare this Contract in default,
and, thereupon, such Surety shall promptly take
over the said work and complete the performance of
this Contract in the manner and within the time
above specified, and all funds due or to become due
to the Party of the First Part shall be paid to the
Surety. In the event the Surety shall fail to take
over the work to be done under this Contract within
fifteen (15) days after being so notified and
notify the Party of the Second Part in writing,
sent by Registered Mail, that he is taking the same
over and stating that he will diligently pursue and
complete the same, the Party of the Second Part
shall have the right to let the work remaining to
be done to some other Contractor, either by public
letting or negotiation, and thereupon the Party of
the First Part, the Contractor, and the Surety on
his Bond shall forthwith pay the Party of the
Second Part all increase in cost or loss and damage
which it may sustain on account of such default on
the part of the Party of the First Part.
3. The Party of the Second Party hereby agrees to pay
to the Party of the First Part for the faithful
performance of this Agreement, subject to additions
and deductions as provided in the specifications or
proposal, in lawful money of the United States as
follows: Ninteen thousand dollars _
($19,000 )
Summary of Contract Award:
4. On or before the 20th day of each calendar month,
the Party of the Second Part shall make payments to
the Party of the First Part on the on the basis of
a duly certified and approved estimate of work
performed during the preceding calendar month by
the First Party, less five percent (5%) of the
amount of such estimate which is to be retained by
the Second Party until all work has been performed
strictly in accordance with this Agreement and
until such work has been accepted by the Second
Party. The Second Party may elect to waive
retainage requirements after 50% of the work has
been satisfactorily completed on schedule as
referred to in Article 30 of the General
Conditions.
5. Upon submission by the First Party of evidence
satisfactory to the Second Party that all payrolls,
material bills and other costs incurred by the
First Party in connection with the construction of
the work has been within thirty (30) days after the
completion by the First Party " of all work covered
by this Agreement and the acceptance of such work
by the Second Party.
6. It is further mutually agreed between the parties
hereto that if at any time after the execution of
this Agreement and the Surety Bond hereto attached
for its faithful performance, the Second Party
shall deem the Surety or Sureties upon such Bond to
be unsatisfactory, or if, for any reason, such Bond
ceases to be adequate to cover the performance of
the work, the First Party shall, at its expense,
within five (5) days after the receipt of notice
from the Second Party so to do, furnish an
additional Bond or Bonds in such form and amount,
and with such Surety or Sureties as shall be
satisfactor to the Second Party. In such event no
further payment to the First Party shall be deemed
to be due under this Agreement until such new or
additional security for the faithful performance of
the work shall be furnished in manner and form
satisfactory to the Second Party.
IN WITNESS WHEREOF, the Parties hereto have executed
this Agreement on the day and date first above written in
counterparts, each of which
shall without proof or accounting for other counterparts, be
deemed an original Contract. I
Witness: e i) pit- J . ' 1. 1v NA
Contractor: (Tra•e or Corpor- . e Name)
_ BY: „ztidt.—4I
(Proprietorship or Partnership) /�'�
Attest: (Corporation) Title:/0""��l�
(Owner, Partner, or Corp. Pres. or
Vice Pres. only)
(Co e' Se . or Ass't. Sec. only)
94, r te ..
'ORATE SEAL) ORANGE COUNTY BOARD OF COMMISSIONERS
Witness:
of .yL� By: i
•
Title: (..rh«...11"
BOARD OF COMMISSIONERS . ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM
MEETING DATE August 20, 1985
098
SUBJECT: Child Care Networks - First Year Report."...
•
DEPARTMENT: Child Care Networks PUBLIC HEARING: YES X NO
-
ATTACHMENT(S): INFORMATION CONTACT: Carol Huyck
First Year Report July 1984-June 19: 942-0184
PHONE NUMBERS: HILLSBOROUGH - 732-8181
HILLSBOROUGH - 732-9361
CHAPEL HILL - 967-9251
MEBANE - 227-2031 •
DURHAM - 688-7331
PURPOSE:
To share information with the commissioners about the first year of
the agency and answer any questions they might have about program or
funding status.
NEED: No action needed - information sharing only
IMPACT:
•
RECOMMENDATION(S):
•
•
•
099 •
•
ATM CareL
SUITE 217 CARR MILL
CARRBORO,NC 27510
• •
NUW D
919442-0184
131 COURT STREET
HIUSBOROUGIL NC 27278
919-7324210
•
•
• FIRST YEAR REPORT - JULY 1984-JUNE 1955
•
In the first year of operation, Child Care Networks served 801
families with their child care needs for 989 children. Referrals
were made to day care centers, family day care homes, preschool
programs, in-home providers, and alternative arrangements such as
play groups. Information was provided to parents on how to choose
quality child care, how to find affordable care, and the, range of
services and activities for children. A "Guide to Family Day
Care" was published as well as six issues of "Children's Services
News. " A more detailed description of the families and their
needs are in the tables below.
•
RESIDENCE AND EMPLOYMENT STATUS OF FAMILIES
The target population for resource and referral was families who
lived and/or worked in Orange County. Of the 801 families served
during the year, the residence was: Chapel Hill - 597., Carrboro
- 10%, North Orange - 12%, Non-Orange- County - 197.. For those
1177 persons whose employment status was known, about
three-fourths worked in Orange County. The largest group of 279
was associated with the University of- North Carolina, with 171
UNC employees and 108 students. The next largest was the North
• • Carolina Memorial Hospital with 161 employees. The following
table, shows the employment status.
• Employment Status of Persons Seeking Child Care
July 1984-June 1985
Total Percent
Orange County
UNC 279 24-
NCMH 161 15
Other 275 24
Non-Orange County
Duke 52 4
IBM 15 1
Other 241 20
Unemployed 55
5
Homemaker 40
Self-employed 59 5
1177
•
- - • . . • ---- --
•
. • 100
•
AGE
The most commonly requested care was for children under the age
• of .two. Of the 987 children, 361 (37%) were under age one and 181
(18%) were between the ages of one and two.
. .
• Ages of Children Needing Child Care
0-11 months 361
12-23 months 181
2 years 121 .
3-5 years 212
•
6-10 years 102
11+ years 10
Total 987
•
TIME REQUESTED
Almost half (45%) of the families requested fulitime care for their
children. The largest percentage wanting fulitime care was for .
infants with 547. of the parents of children under one looking for
fulitime care. The percentage of parents needing fulitime care
for schoolage children increased for the summer vacation.
Most of the families were looking for daytime care, with 87% of:
the requests for that time. The more unusual times had fewer •
requests but also were more difficult to find child care.
Caregivers were needed for 61 children for evening, 13 for
overnights/weekends, and 32 for rotating shifts. With only one
day care center open those times, referrals were made primarily. .
for home-based care.
TYPE OF CARE REQUESTED •
•
Over the year, more emphasis was placed on helping parents be
flexible about the type of setting they wanted for their child.
Although a large number of parents often would have an initial
preference, their main concern was the care the child would
receive. In the time between September and June, 40% of parents
had no strong preference, 25% wanted care in their own homes, 17%
wanted care in another person's home (family day care) , 137.
wanted a day care center, and 5% had other choices. Since the
supply of home-based caregivers was nowhere near the demand, time
was spent helping parents assess other situations.
•
101 -
•
Care' Setting Requested Sept 1984 - June 1985 .
No strong choice 291 40%
In-home care 189 25%
Family day care 130 177. -
Day Care Center 94 137.
•
• Nursery school 25 3% .
Other 14 2%
•
RESOURCE DEVELOPMENT
In addition, the agency worked to identify and develop additional
resources to meet the needs expressed by the families served. The
growth in the available resources for child care is shown in the
following table.
• Resources for Child Care in Orange County
•
•
July 1984 May 1985
Day Care Centers 32 35 .
Family Day Care Homes 42 74
In-home caregivers file 0 32
Due to staffing, Child Care Networks was able to provide only
limited technical assistance to child care providers. The area of
home-based care, both for family day care homes and in-home
caregivers, was chosen as the one on which to concentrate. Help
was provided on how to start a family day care business in the
home to new caregivers. Unregistered -day care homes were helped
to register with the state. Current caregivers were invited to
become part of the informal support meetings held in both Carrboro
and Hillsborough. A file was established for persons willing to
do care in the child's home, both full and part-time. A
substitute pool of workers for day care centers was established
for the summer of 1985.
S. •
•
SUBSIDY FOR CHILD CARE
•
Through a grant from the Town of Chapel Hill , subsidy for child
care was made available to 6 children from low-income Chapel Hill
families frOm January - June. Funds were secured to expand the
program to Carrboro residents for the coming year.
•
• 102
• •
PROJECTED NEEDS FOR COMING YEAR
Child Care Networks plans to continue serving families with
child care needs. As more persons become aware of the services,
and as families' needs develop as their children get older or
their situations change, the demand for referral is expected to
• - grow. A conservative estimate for families needing help in the
coming year is 1000 families. •
In addition to providing referral , the agency is being used
more as a resource for parents who have concerns or complaints
about their child care setting. Parents' concern about quality
care is the major way the level of care will be raised. Counseling
parents on methods to improve the quality of care has taken a
1Srger share of staff time.
The development of new resources for home-based care is also a
continuing focus of Child Care Networks. Helping new caregivers
become registered family day care homes and providing ongoing -
• . technical assistance and support for them will require more effort
as well . In the coming year more training sessions will be held on
how to start and run a family day care home. It is hoped that
funding- can be secured for a staff person to work with home-based
caregivers.
The development of a stable local funding base is essential 'for
• the coming year. The agency has completed its first full year,
demonstrating the need for resource and referral . All of the major
•
local funders have maintained or increased their financial
support. In order to continue to provide resource and. referral
services, a broad financial base is critical .
. .
•
•
•
• •
•
•
,;4510ctt,;4,,
. —
it5.4
14,41 ,/0
EXECUTIVE MANSION .
• RALEIGH. NORTH CLAIIOLAhUo.
July 22, 1985
Dear Friend,
Governor Martin and.X would like to thank you for your participation
in the Department of Transportation's Spring Cleanup last April. Over
7,300 miles of roadside were cleaned, and nearly 170 volunteer groups
assisted transportation crews and inmates across North Carolina.
This fall we will participate in another cleanup effort which
promises to be an even bigger success! Highway crews will focus on
cleaning, state roads September 15-21. In addition, we are pleased that
the Telephone Pioneers of America will be helping us for the entire month
of September. Of course, we are anxious for other organizations to join
in and would appreciate your encouraging groups in your community to be
supportive.
•
For more details on the upcoming cleanup campaign, please contact
the Telephone Pioneers or the Department of Transportation. Specific
names and numbers are included in the enclosed information.
We are grateful for your assistance in the past, and we hope you'll
join us as we pick up litter in September'
Sincerely,
R:e/104:1
Dottie Martin
DM/bd
Enclosures
1
NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
... COUNTY COORDINATORS
CLEANUP LITTER WEEK
Division 1 Division 2
County Name Phone Number County Name Phone Number
Dare B.C. Griffin 473-2990 Beaufort Aubrey Gibbs 946-3054
Camden P.L. Jordan 338-6785 Carteret Keith McCoy 223-4811
Currituck E.T. Lane 453-2721 Craven Floyd Suitt 637-6261
Pasquotank W.H. Bray 338-6785 Greene Carol Thomas 747-3933
Perquimans L.H. Bunch 426-8304 Jones Billy Matthews 448-3711
Gates J.V. Riddick 357-0844 Lenoir J.B. Dawson 527-6422
Hertford R.E. Bracy 332-2765 Pamlico Frank Spain 745-3731
Bertie D.E. Hoggard 794-4356 Pitt Fred Edwards 752-3713
Northampton Ronnie Smith 534-4031
Martin J.A. Stalls 792-2503
Chowan A.A. Phelps 221-4229
Washington B.R. Leggett 797-4598
Tyrrell B.R. Leggett 797-4598
Hyde E.W. Carawan 926-3672
Division 3 Division 4
Brunswick W.H. Benton 754-6527 Halifax J.L. Fitzhugh 583-2811
New Hanover J.P. Cook 762-3854 Edgecombe J.O. Ethridge 823-2982
Onslow W.J. Amen 455-3777 Nash H.E. Hardy 459-Z762
Pender J.B. Croom 259-5413 Wilson R.R. Matthews 237-6164
Duplin H.S. Matthews 296-0689 Wayne D.R. Creech 778-1675
Sampson P.A. Logan, Jr. 592-2034 Johnston Ross Bailey 934-6176
Division 5 Division 6
Wake D.A. Allsbrook 733-4768 Bladen W.S. King 862-3396
Durham B.R. Dozier 477-2814 Columbus C.W. FormyDuval 642-7597
Granville T.L. Canup 693-8164 Cumberland N.C. Blackmon 483-8390
Person R.J. Woody 599-5255 Harnett R.R. Stone 893-4020
Franklin J.B. Alford 496-3212 Robeson E.D. Robinson 739-3465
Vance D.L. Wall 438-8410
Warren G.B. Rose 257-3939
Division 7 Division 8
Guilford E.M. Cowan 375-5475 Chatham Jim Lavinder 742-3431
Rockingham S.L. Hall 349-7560 Hoke Billy Southern 875-3952
Caswell D.W. Briggs 694-6101 Lee Larry Rickard 775-3122
'Orange J.B. Haynes 732-4330 Montgomery Bert Seawell 576-3667
Alamance J.M. Mills 226-9380 Moore Raymond Sproles 947-2233
Randolph Bob Nelson 625-2078
Richmond Ed Green 895-6058
Scotland Doug Edge 369-2645
•
Division 9 Division 10
Forsyth W.B. Staley,III 761-2208 Anson R.B. Edwards 704-694-5891
- Stokes Marion Hall 593-8541 Cabarrus J.W. Mitchum 704-436-9316
Davie Joe McCorkindale 704-634-2400 Mecklenburg L.N. Gordon 704-596-6900
Rowan Charles Kluttz,Jr. 704-637-3100 Stanly H.L. Currie 704-983-5146
Davidson L.D. Parks 704-249-7001 Union B.B. Hinson 704-283-5941
Division 11 Division 12
Allegheny G.G. Rogers 372-2206 Alexander Gerald Millsaps 704-632-2164
Ashe D.R. Bennett 246-5287 Catawba J.H. Poovey 704-464-0350
Avery D.F. McCurry 704-733-2776 Cleveland M.W. Hughes 704-487-5133
Caldwell W.S. Varnedoe 704-728-5986 Gaston 704-922-3777
Surry W.O. Atkins 386-8273 Iredell Charles Campbell 704-876-1696
Watauga Harvey Hodges 704-264-3828 Lincoln B.E. Burton 704-735-5212
Wilkes B.G. Bumgarner 667-9111 •
Yadkin Jimmy Caldwell 679-2242
Division 13 Division 14
Buncombe D. Toler 704-253-4501 Cherokee Tommy Kilpatrick 704-837-2742
Burke J.L. Whisnant 704-437-3949 Clay Joe Buchanan 704-389-8532
Madison J.C. Buckner 704-649-2222 Graham Huel Millsaps 704-479-3520
McDowell A.R. Thompson 704-652-4024 Haywood Don Carpenter 704-456-5633
Mitchell A.R. Thompson 704-765-2262 Henderson Jim Hemphill 704-693-9553
Rutherford D.W. Ryder 704-286-3433 Jackson Gene Middleton 704-586-6019 '
Yancey J.C. Buckner 704-682-2441 Macon Bill Parrish 704-524-2517
Polk George Price 704-894-8980
Swain Larry DeHart 704-488-3683 .
Transylvania Jim Marcum • 704-862-4736
•
;..
0 •
...
ti No
ct cumlina
_ •
\ CI n
Let's le Carolina!
September has been designated by.the Telephone Pioneers of America as
"Clean-Up North Carolina Month." The Pioneers will be assisted by the
Department of Transportation, and citizens across the state are encourag-
ed to join in the effort to improve the environment in which we live, work
and play.
Goals of the Pioneers include:
* Involving citizens as well as Pioneers and generating
200,000 man hours to clean up cities and towns and
highways in North Carolina.
* Establishing North Carolina as the No.1 Clean State!
* Showing other states what can be done when people
care and are proud of their state.
* Motivating North Carolinians to be thoughtful and
considerate of their home.
To achieve these goals, help and support are needed from individuals,
civic groups, Boy Scouts, Girl Scouts, clubs, church groups and other
organizations.
If you or your organization are interested in participating in this worthy
cause, please contact:
R. A. HIPPS —OR— SHIRLEY BURNS, President
Chapter Environmental Chairman N.C. Chapter No. 35
Telephone Pioneers of America Telephone Pioneers of America
4600 Park Rd.-Room 535 SNC - Rm.1326
P. 0. Box 301883 200 South College St.
Charlotte, N.C. 28230 704/378-6400 Charlotte, N.C. 28202 704/378-0546
Telephone
PLEASE RESPOND BY APioneez NC 3189 K
6, 1985. (7�
�,,�merlea
OFFICIAL uur
• •
ArtaDYP— --85. MINUTES 1
ORME COUNTY EOM OF COMMISSIONERS
RingsAR MEETING
AUGUST 20, 1985
The Mange County Board of Commissioners met in regular session on August
20, 1985, 7:30 p.m. in the Courtroom of the old Post Office in Chapel Bill,
North Carolina.
frfairrmIOS-211W-i Chair DcoWillboit and Commissioners Shirley
Mars1071;; ; Carey, Ben Lloyd and Norman Walker.
Dirre Geoffrey Gledhill.
County Manager Kenneth Thompson, Assistant County
Managers Albert Kittrell and William Lws, Clerk to the Board Beverly A.
Blythe, Secretary Sylvia Clements, Planning Director Marvin Collins, Sheriff
Lindy Pendergrass, Director of Economic Development Sylvia Price, Planner
Susan Smith and Major Don Truelove.
ZU—BgaBP---CCIMM
Chair Willhoit announced that Governor Martin plans to continue the
Volunteer Awards recognition program. it was the consensus of the Board to
nominate Morris Becker for the individual volunteer award and The Chapel Bill
Civitan Club for the organizational award and forward that information to
Governor Martin.
2.2--PMEERTha--CM"'
Chair Willhoit informed the Board that oar has requested that the
County participate in their annual Spring Clean U . It was decided to refer
this item to the staff for recommendations. The Solid Waste Task Force
indicated an interest in promoting recycling by providing a separate bag for
recycling.
13..—MIENCESCORM
,L4iose, volmiro •
Mottle O'Neal and Joyce Hewett requested to speak on the Pineview
ROneVieW Drive PPP Assessment Roll.
9L p e&
None.
Motion was made by Camnissioner Marshall, seconded by Commissioner Carey
to approve the minutes for May 28, 1985 as corrected.
VOIE:
2 jL ;-11
Motion was node by Comnissioner Carey, seconded by Camnissioner
Marshall to appoint John McKee, Maury Klein and Elaine Parker to the
Authority.
VOTE: UNANIMOUS.
A.74.- 0x, 11J_ * KM- '1011 Motion was was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Sally Jeanne Marshall and Zelda Moore to the Committee.
VCTE: UNANIMOS.
Motion was made by Camnissioner Carey, seconded by Comnissioner
Marshall to appoint Linda Smith Fields and Rita Berman to the Caumission.
VCCE: UNANIMOUS.
c"Ennt MErtelDgeMff
Motion was made by Chair Willhoit, seconded by Consissioner Marshall
to appoint Wayne T. Kurrl to the Commission.
%CB: UNANIMOUS.
ea;' H ji."411 41" • Itklkisi
2
Motion was made by Cannissioner Marshall, seconded by Commissioner
Carey to appoint Donald Bergstrom to the Board of Adjustment.
VCME: UNANIMOUS.
er CoUNIT PLANIMM WAND
Commissioner Lloyd nominated Richard Roberts
Commdssioner Marshall nominated Barry JecObs
Commissioner Carey nominated Ida Lou Fuller.
It was decided that one of the two vacancies would be filled at this
meeting. Commissioner Carey withdrew his nomination.
VOTE: Richard Roberts - CommiSsioners Lloyd and Walker.
Barry Jacobs - Chair Willboit and Commissioners Carey and Marshall.
EDGIOJibl__M-attEM
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to appoint Victor H. Germino to the Council.
VOTE: UNANIMOUS.
•lt,...1.A_A,. .11/1. io.; D. - -
Motion was made by Commissioner Carey, seconded by CatIlliSSiOner
Marshall to reappoint Paul Leung to the organization.
VOTE: UNANMMOUS.
E L.A3 _ :ILO. lik....10A4 i&N.A.! Att. n *As.001 41,' v_A-411.
Matalb9-34=6.
Ken Thompson noted that the present Ordinance, as presented, contains
those provisions deemed necessary by the Sheriff and which are acceptable to
Rick Rosen on behalf of the massage practitioner cammunity.
Eggra.--MME
Bigh_:ftsfixis Massage Therapist and President of the North Carolina Chapter
of the American Massage Therapy Association, stated that the Ordinance is a
good and reasonable compromise that should give Sheriff Pendergrass the tools
be needs to close down elicit activity that is going on under the guise of
massage. He feels the language has been softened at every- possible level and
he supports the effort of the County in their endeavor to control massage and
massage establishments.
Jeff_gaALL=4 consumer of massage, spoke in opposition of the Ordinance.
Be views the Ordinance as a threat to the market in Chapel Hill. Be objected
to the Ordinance treating practitioners like criminals by requiring
fingerprints and mug shots which are an imposition and a real discomfort. He
feels the Ordinance will force the part-time therapist out of business.
Cemeggn_Minta, licensed Therapist, noted he spent a lot of time and money
getting the right training. He understands the concerns of the County, but
feels a distinction needs to be made between what happens in massage parlors
and what people do who spend many years getting professional training to help
and people. He suggested that educational standards be set for the massage
, practitioner that would separate them from the illegal activity that takes
place in massage parlors.
Chair Willhoit suggested Mr. Mintz encourage the state to impose
professional standards for State licensing.
greKtELNISSAL, Chairperson of the North Carolina AssociiWionct Body
Works and cofounder of the Commmityleolistic Health Center, commended the
County for their attempt to work out the problem. He feels the legislation
should be changed at the State level. The primary goal is to separate the
therapeutic massage from other massage being used in prostitution. He
expressed appreciation for the comprcedses and thanked the Board for working
with the massage community.
BPSHR11-,1H01. Spoke in opposition of the fingerprints and mug shots and
asked that they be deleted from the Ordinance.
Ell_et01.1. -411, Secretary to the Board of the North Carolina Association
of Body Works and a practitioner in Orange County, thanked everyone for
working on the compromised Ordinance. While she does not agree with
everything in the Ordinance, she feels the changes that have been made are
1
3
changes she can live with She feels the Ordinance is a very important first
step in the right direction and hopes it can be rewritten within a year in a
more positive vein.
EQUI1---Zina business women, spoke in support of the Ordinance but
questioned how the requirement of fingerprinting and mug shots would reduce
prostitution.
Sheriff Pendergrass indicated that fingerprints and mug shots clearly
identify a person. They will be used to run a background check, if necessary,
on the person.
HarshalLeEi_vck part-time practitioner of massage therapy and counseling
in Carrboro, spoke in support of the County efforts in making a distinction
between sexual services which calls itself massage and legitimate massage.
She questioned why the County does not make that distinction completely. Why
have the criminal type procedures for those who are practicing massage therapy
when it is understood they are practicing a profession rather than selling
sexual services. She asked the Board to be complete about the distinction
being made.
Vice-President of the North Carolina Chapter of the
American Massage Therapy Association and an employee of the Body and Soul
Clinic in Chapel Hill, thanked the County for the compromised document. He
found the Ordinance as a whole acceptable. He hopes that the Ordinance is
changed in the future as the situation changes.
KisargilAniggi movement educator and a licemedmember of the American
Messsage and Therapy Association, expressed opposition to the fingerprints and
mug shots. She asked Sheriff Pendergrass wholoald file the complaint and if
the Sherriff could require fingerprints and mug shots only from those
employees who work in places fronwhich the Sheriff had received complaints.
Sheriff Pendergrass indicated that complaints could come from many
sources, i.e., an officer, or a dissatisfied customer. Anumber of things
could precipitate a complaint.
Geoffrey Gledhill indicated the problem with setting requirements for a
select group is that all people must be treated in the same way until a
• criminal activity has occurred.
He noted that fingerprints give the Sheriff access to the FBI finger-
printing system. Part of the Ordinance requires that the person not operate
or be part of an illegal activity in the past. The only way the Sheriff can
run a check is through fingerprinting.
Commissioner Walker noted that the Ordinance states that no one can be
licensed who has a previous record and expressed concern for the person who
may have a record and who wants to become legitimate.
Teresa Leonarz questioned the number of massage parlors in Wake and
Durham County. Sheriff Pendergrass indicated they do not have any massage
parlors because of the Ordinances that each county have.
Leonarz questioned if legally a distinction could be made between massage
parlors and therapeutic clinics. She understands that until someone does
something wrong that legally a distinction cannot be drawn between the two.
She suggested that the Sheriff arrest those people who are doing something
wrong and if the Sheriff does not have the proof, then leave well enough
alone. She feels the Massage Ordinance is not necessary and there are other
ways to control the massage parlors. She expressed a concern for the
requirement in the Ordinance of no previous police record which actually
prohibits a person from trying to go straight. She feels the Ordinance is
harmful and will not solve problems that can be dealt with in other ways. She
feels the fingerprints and mug shots are not acceptable to the massage
community.
Sharon_ Davis, Codirector of the Body and Soul Wholistic Therapeutic
Clinic, expressed appreciation for the compromises made in the Ordinance and
feels progress has been made in informing the people of massage as a
4
legitimate profession in the State. She erx3oresed the change in the language
from Massage Therapist to practitioner.
P. H. Seltzer, taxpayer, expressed concern for the money the County will
spend to regulate massage. Be feels a lot of innocent people will be harassed
while the prostitutes will find a less regulated area.
Commissioner Carey questioned if the license to operate a massage
business was transferable under the Ordinance and if the Ordinance contained a
provision for the owner to notify the County when there is a change in
ownership after they obtain the license.
Geoffrey Gledhill indicated that the new owner would be required to
obtain a new license.
Commissioner Marshall commended the staff and Sheriff for their effort in
working with the community on the Ordinance.
Commissioner Marshall noted that when the state initiates educational
standards, the County can then amend the Ordinance to include those standards.
Chair Willboit questioned the inclusion of registered nurses in Section
on page 3.
Geoffrey- Gledhill indicated the language for Section 13 was borrowed from
the North Carolina Association of Body Works and Massage Therapy.
Chair Willhoit noted the purpose of the Ordinance is to regulate those
businesses that have multiple therapists that advertise by way of neon lights
or other large signs and not the sole practitioner. He recoanended that the
Ordinance be referred to the attorney and asked that it be modified to include
only those businesses that involve two or more people.
Commissioner Walker stated that a Massage Ordinance is not needed for the
Sheriff to get rid of people who are engaged in illegal activity.
Commissioner Carey noted that the Ordinance does draw the distinction
between those who are desired in the comnunity and those who are not desired.
After further discussion by the Board and various input from the public,
a motion was made by Commissioner Marshall, seconded by Commissioner Carey to
refer the proposed Ordinance to the staff and request them to consider the
comments and suggestions in their reconmendation. Specific items for the
staff to consider include the following:
(1) a specific time frame for the portion dealing with previous
convictions,
(2) the requirement for the fingerprints and mug shots,
(3) prohibiting transferability to new ownership, and
(4) requirement of a license only for those businesses with two
or more persons.
It was decided that the specific items listed above would be reviewed
jointly by the Sheriff and the County Manager. A reconnendation will be
forthcoming from the Manager.
UNOMMOUS.
LEOLIZUBM
_ _11J. P +1.,I • 1.02t P I■)' ' •Ar .1.2!x rex_
Planner Susan Smith explained the procedure for all PPP projects.
She stated that the spokesperson for the project was contacted and that the
community was unwilling to help pay the assessment for Mrs. O'Neal because of
other similar situations in the area.
Joyce Hewett, daughter of Wattle O'Neal, indicated her mother
signed the petition for only the paving of Sesame Road and not Pineview Road.
She stressed the fact that her mother does not drive and that paying of the
assessment is a hardship. When her mother was approached about paving the
road, there was no mention of it costing any money.
Susan Smith indicated the location of the driveway would make no
difference in the assessment.
After further discussion it was determined the assessment would be
about the same amount if done on a per lot basis.
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5
Chair Willhoit requested the Manager look into the possibility of
developing a payback policy for those individuals eligible for the Homestead
Exemption to pay the assessment either over a longer period of time or when
the property changes ownership.
Geoffrey Gledhill pointed out that a new policy would necessitate
that the entire PPP process be repeated.
After further discussion about alternative ways for Mrs. O'Neal to
pay the assessment, and/or to receive assistance, Chair Willhoit stated it
would be unfair to do the entire procedure over because there would be an
additional cost for administrative fees that would increase the cost of the
project for each property owner.
Camdssioner Marshall asked to have the approval delayed in order to
make a determination if the assessment can be paid over a ten year period
because such a system would help many older people in the same situation.
No action was taken. Alternative solutions for paying the
assessment will be outlined and presented at the next meeting.
gi_ FIRST YEAR "WON 44 4 A. ' AraikA.1.4i_. (See permanent agenda file for
a conplete copy of the report) .
Peggy Pollitzer, President of Child Care Networks, introduced Carol Huyck
who gave the annual report. Child Care Networks worked with 801 families
during their first year. Most were looking for child care for children under
the age of one. Same were new to the area and some were low income. The
number of child care homes available has increased. Child Care Networks work
with those individuals who would like to start a child care home and try
to serve the entire County. She reiterated the concerns raised at the
beginning of the project and how those concerns have been addressed. The
organization has a good relationship with DSS, meeting on a regular basis to
talk about mutual interests and concerns. They are working very effectively
with the day care centers and making referrals to these centers.
Petite Howard, Treasurer of Child Care Networks, outlined the funding
sources. A family day care coordinator is still needed. There is also an
individual funding campaign.
F. IT/MS FOR DECISION ,(COUriNUBLA
,..W,I;01 *111 D•41,11 24‘,2011:4"V *II LAI-L. (See complete contract in
the permanent agenda file in the Clerk's office.)
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to approve the contract as presented by the County Manager and authorize
the Chair to sign.
VCME: UNANIMOUS. (Ccendssioner Walker was not present for the vote)
3. WILKINS DRIVE PPP re! AriAtA _Li4V*
Planner Susan Smith presented a request from Mr. and Mts. Weston
LaBarre to correct the assessment for Lots 5 and 5A, Block A, Map 15A in
Chapel Hill Township. She indicated that the tax map was wrong. However, Mr.
LaBarre did not file a notice of appeal within the allowed ten days after the
assessment roll was confirmed.
Commissioner Marshall asked if the language in the notice sent out
to the property owners is specific in indicating that the property owner has
ten days in which to appeal the assessment amount.
Smith indicated the notice does not specifically indicate the ten
day limit for appealing the assessment.
Geoffrey Gledhill indicated that the assessment role lists the
property owners names, identification of property and assessed value. There
is no information on how the assessment was derived. The property owner is
told that the assessment role and map is available in the Clerk's office for
them to review. If the Board finds an error has been made they may, by
authority of G.S. 153A-198, set aside the assessment and start the procedure
required of the project over which would change the cost to each property
owner.
A
6
Susan Smith indicated it was not until after Mr. LaBarre had
received his tax notice that he realized there bad been an error regarding the
rxmber of feet for which be was being charged. This was after the ten day
grace period.
In reply to a suggestion that the amount be absorbed by the County,
Gledhill indicated that a reassessment would be necessary for that to happen.
After further discussion on the process, including the provision
which gives the property owner two opportunities to check his assessment and
appeal if incorrect, it was decided that the process was followed and that no
action is in order.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to take no action on the request frown Mr. and Mrs. Weston LaBarre.
Commissioner Marshall requested that the letters to the property
owners be more explicit and give additional information about the process to
help them become alert to the contents.
Vt E: AYES, 4; NOES, 1 (Co mmissioner Lloyd).
Jrfi=r: 'ice 1' • 11.s.. x tee_ '41:-MA • I,_.
Susan Smith presented for consideration a request to authorize the
County Attorney to initiate legal proceedings for zoning violations on
property owned by Paolo and Janice Flezzani and Paliourus Enterprise, Inc.
Paolo and Janice Flezzani constructed a garage without building or zoning
permits. Paliourus Enterprise, Inc. constructed a utility building without
building, zoning or electrical permits. All administrative procedures to
address the two zoning violations have been exhausted. Staff is requesting
that legal proceedings be initiated to bring the uses into compliance with the
Orange County Zoning Ordinance.
Motion was made by Ca iini.ssioner Marshall, seconded by Commissioner
missioner
Carey to authorize the County Attorney to pursue legal action in accordance
with Article 23 of the Orange County Zoning Ordinance.
VINE: UNANIMOUS.
ON :I: ar,•._r MO 1,41e,49 11:v11 ov�id4-
Motion was made by Commissioner Marshall, seconded by Commissioner
Carey to set November 4, 1985 for a special public hearing on revisions to the
Erosion Control Ordinance. The proposed amendments would be presented
initially to the Board of Commissioners on September 30, 1985 for approval of
the advertisement notice.
VOTE: UNANIMOUS.
• • ,:+;D151 c A! M 111.0 s• • kith• s- '! rat! •"11
After some discussion, it was decided to postpone this item until
the next Board meeting.
_z_4.19 •0240_014.6.,...1 1 3,41_1 fof on_ 1,.. (A copy of the lease ameniment is
in the permanent agenda file in the Clerk's office.)
Motion was made by Commissioner Carey, seconded by Commissioner
Lloyd to approve the proposed lease amendment and authorize the Chair to sign.
VCJl'E: UNANIMOUS.
8 i_ AN) J; •i titiNIA LAI!.ts •': _y _ E
Motion was made by Commissioner Lloyd, seconded by Commissioner
Carey to approve the lease agreement with Central Telephone Company for office
space for one year at a cost of $2,400.
VOTE:• _3.i!i�l�_ • 9. M:
MON
Commissioner Marshall questioned the hourly rate as provided by Gary
Giles of Chapel Hill and Dail Dixon Associates of Carrboro. Bill Laws
indicated that most of the renovation will take a lower level of expertise
which will not necessitate paying the higher hourly rate listed.
Motion was made by Commissioner Carey, seconded by Commissioner
Marshall to award Carr Building Architectural Services contract to C3R
Associates at an amount not to exceed $15,460.
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7
E: UNANIMOUS.
p. NJjilJ
Chair Millhoit adjourned the meeting at 11:10 p.m. The next meeting will
be held on August 26, 1985 at 7:30 in Superior Courtroom, Hillsborough, North
Carolina.
Don willhoit, Chair
Beverly A. Blythe, Clerk