HomeMy WebLinkAboutAgenda - 10-15-1985 GRANGE couNry
BOARD CP CCIMMISSIONERS
AGEIDA
REGULAR MEETING
TUESDAY, OCTOBER 15, 1985
OLD POST CFFICE
CHAPEL HILL, N.C.
7:30 P.M.
A. BOAR) COMMENDS
B. AtIDIEWE Cat4EN1 S
1. Matters on the Printed Agenda
2. Matters not on the Printed Agenda
C. MINUTES
D. APPOINIMEN1S
E. REFORM
1. Presentation of Audit Report for Year Ended "lime
30, 1985 by Mr. Charles Kralick, Manager, Durham
Office, Touche Ross & Conpany
F. ITEMS FOR DECISION—CONSsmr AGEMA
A notion to approve various ordinances and notions (any
item may be removed for separate consideration)
1. Efland Sewer Operating Rules and Regulations and
Letter to Residents
2. Approval of Contract for the Re-mapping of Orange
County with L. Robert Kiirbafl & Associates; and,
Approval of Phase 2 (Modified) for 1985-1986
3. Expansion of Insurance Rated District
4. Fire Protection Contract (White Cross Community)
5. Tax Refunds and Release Requests
6, Agency Agreements
7. Budget Anendraent - State Discretionary Fund
8. Budget Amendment - ABC Revenue for Sheriff Vehicles
9. Budget Amendment - Old Courthouse
G. ITEMS FOR DicIsIca—OTHER
10. PD-4-85 Chandler Concrete Company
11. Review and Approval of County Boundary Between
Orange and Chatham as proposed on an Orthophoto
Base Maps
B. EXECUITVE SESSION - (Personnel Matter)
I. ADJOCIRMENP
ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEETING
• TUESDAY, OCTOBER 15, 1985
OLD POST OFFICE
CHAPEL BTU.,
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
E. REPORTS
1. Presentation of Audit Report for Year Ended June
30, 1985 by Mr. Charles Eralick, Manager, Durham
Office, Tbuche Ross & Company
PAGE # F. ITEMS FOR DECISION—CONSENT AGENDA
A motion to approve various ordinances and motions (any
item may be removed for separate consideration)
• 003 1. Efland Sewer Operating Rules and Regulations and
Letter to Residents
011 2. Expansion of Insurance Rated District
• 016 3, Fire Protection Contract (White Cross Community)
• 023 4. Tax Refunds and Release Requests
034 5. Agency Agreenents
041 6. Budget Amendment - State Discretionary Fund
044 7. Budget Amendment
G. ITEMS FOR DECISION—OTHER
046 8. )-4--85 Chandler Concrete Company
• 066 9. Review in Concept the County Boundary Between
Orange and Chatham as proposed on an Otthophoto
Base Maps
H. EXECUTIVE SESSION - (Personnel Matter)
I. ADJOURNMENT
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ORAN3E ORANGE COUNTY .
401
BO D Ce COMMISSIGNMS
Action o-t err2a
ICU= AGENDA DA 'T t ABSTRACT It=
IyIE 'TT.; DATE October 15, 1985
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Subject: MNUTES -
Dep��w: Board of Corm • Commissioners •+�• ! 1 r �,
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Attachment(s): Information C7c ntact Bevr1 A. Blythe
Ufibliat SEPARATE COVER • Phone N mb r': 732-8181, 968-4501', 227-0231
PURPOSE: • • To correct and/or approve pprove -the minutes as submitted for consideration:
July 1, 1985 - Regular Meeting
July 3, 1985 Special Meeting
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REED: Approval so the minutes may- be entered into the official minute book in
the Clerk's office.
R' ONMENDATION:
As the Board decides.
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1,
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. .s., c,.. CaTIESSICESS
Act. iort Agetaa, .
ACTION AGE\1114. ITR4 ABSTINICT
VISETZG'DATE__xmmu.:51._a985___.
Sadect:
APPOINTMENTS
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Department: Board of Court , Coinissioners .• Public Hearing: yes ,31
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Attacbmant
. information Contact: Beverly. A. he
unm SEPARATE COVER
- . none Number: -732-8181, 968-4501, 227-02 .'3'1*
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1.., • EIRMSE: To maintain membersh.ip at effective levels an Commissioners' appointed Boarffn.
The following.vacancy is announced for the first time for information only;
14-6 - REALTII Am MEDICAL CARE ADVISORY bOARD - 1 vacancy (resignation of John
Kurz).
The following vacancies are announced together with the indication of the
status of securing candidates for possible appointment consideration. All
vacancies have been duly advertised.
Nufisnia ROME cmettrimr ADVISORY' C OMMITTEE - 1 vacancy; one noMination has
been received from a nursing. h :.: administrator - the person has not responded
tothis nomination as of this g e.
.
B-11 - SOLID WASTE TASK FORCE - no additional resumes have seen received.
received
13-15 - SCHOOLIWERGER STUDY COMMISSION - no additional resumes have been
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ORANGE COUNTY
BOARD OF COMMISSIONERS . ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM
MEETING DATE October 15, 1985
003
SUBJECT: E!pLAND SEWER OPERATING RULES AND REGULATIONS AND LETTER TO RESIDENTS
DEPARTMENT: couNTY MANAGER
PUBLIC HEARING: YES x NO
ATTACHMENT(S):
INFORMATION CONTACT:
nty
1) Rules and Regulations of Orange County Manager X501
'for the Efland Sewer System PHONE NUMBERCou
S: HILLSBOROUGH - 732-8181
2) Letter to Signers of the Sewer Easemen
HILLSBOROUGH - 732-9361
and Agreement.
CHAPEL HILL - 967-9251
MEBANE - 227-201
DURHAM - 688-7331
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PURPOSE: To adopt Rules and Regulations of Orange County for the Efland Sewer System and
to inform you of the letter to the Signers of the Sewer Easement and Agreement
notifying them of the timetable for the sewer project.
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NEED:
The rules and regulations are based on the FmHA guide, the Sewer Easement and
Agreement, and rules and regulations in use by other jurisdietions.
The rules and regulations are needed to establish the County's Policies
regarding the operation of the sewer system. The letter to the Signers of
the Sewer Easement and Agreement is needed to notify them that they should
begin accumulating necessary funds to connect to the system. These items
will fulfill requirements on the FmHA's Processing Checklist.
•
IMPACT:
RECOMMENDATION(S): To adopt the Rules and Regulations as attached.
004
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
...41alsagETA Office
Eltatfisfid 175z
October 15, 1985
• Dear Signer of Sewer Easement and Agreement:
Orange County is proceeding with its plans to construct a sewer line
to serve portions of Cheeks Township. The purpose of this letter is to advise'
you of our timetable for this project so you can begin to accumulate the
amount of money necessary to connect your house to the sewer.
• The County expects to award bids by March 3, 1986 and to execute the
necessary contracts on March 18, 1986. Construction will begin on or about
April 1, 1986 and is expected to be completed by the end of September or the
first part of October 1986.
As a signer of'a Sewer Easement and Agreement with the County, you have
agreed to install at your own expense a service line from the sewer collection
line that the County will install in the road right-of-way to your dwelling
or place of business. The County has Previously notified you of the estimate
of this cost (this ranges from approximately $600-$1200). Based on the above
timetable, you have approximately one year to accumulate the funds to connect
to the sewer. If you believe your income level would make you eligible for
a loan or grant to pay the connection cost, please notify Mr. Albert Kittrell
at telephone number 732-8181 extension 500 as soon as possible in order for a
loan/grant application to be developed.
The County will advise you of any developments that would significantly
delay the timetable outlined above. In the meantime, the County will hold
community meetings to further keep you abreast of development and render what
assistance you may need.
Sincerely,
Kenneth R. Thompson
County Manager
•
005
1.
ONS
OP ORANGE COUNTY
FOR THE EFLAND SEWER SYSTEM
I. CLASSIFICATION OF SERVICE
All services are classified under one category to include residen-
tial, schools, churches and commercial users.
II. RATE SCHEMA AND AVAILABILITY FEES
A. Rate Schedule:
(The following schedule is based upon monthly water consumption.)
First JASOgallons @ $ 15.20 flinimum
Each Additional 1 000 gallons @ $_4.40 M
(or portion thereof)
This rate schedule is subject to change based upon actual cost of
operations.
B. Availability Fees:
Each person, firm, or corporation connecting to the system, other
than those initially connected from among those initially applying
for connection, shall pay a $600 per customer availability fee to the
County and a $400 per customer availability fee to the Town of
Billsboroughs. Both the County and Tbwn reseve the right to raise
the amount of the fee to whatever is the prevailing rate.
Those persons, firms, or corporations initially connecting, from
those initially applying for connection, shall be exempt from the
availability fee. The Board of County Commissioners will establish
by Resolution deadlines for initial application and initial
connection.
III. APPLICATION FOR SERVICE
A. Persons seeking service will make application for service, in person,
at the office of the County Planning Department and at the same time
make the deposit guarantee required below. In addition in no case
will sewer be provided until a Sewer Use and Easement Agreement is on
file signed by the property owner.
B. The application may be rejected if the service fails to meet condi-
tions set forth under article XIII or if the service would adversely
affect service to other customers or for other good or sufficient
reasons.
C. The County may reject any application for service to new developments
which are not consistent with zoning, subdivision and land use plan
provisions.
D. The County may reject any application for service when the applicant
is delinquent in payment of bills incurred for service previously
supplied at any location. When the resident of the premises has
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received service and has not paid for the same, the County shall not
be required to render service to the same person at any location
where sewer service is used until said sewer bill has been paid.
N. DEposrr
A. All customers will make a minimum cash deposit equal to the average
sewer bill of the customer based upon water usage. Deposits shall
not draw interest.
B. The individual in whose name the deposit is made shall be responsible
for payment of all, bills incurred in connection with the service
furnished. In the case of a customerwho is renting property the
owner shall additionally be responsible through the lien process.
C. A separate deposit is required for each connection.
D. The deposit receipt is not negotiable and can be redeemed only at the
County's Finance Department office upon discontinuance of service and
payment in full of all charges for service.
E. Where the County finds that the request for a deposit refund is ques-
tionable, the County may require the applicant for refund to produce
the deposit receipt properly endorsed.
V. INITIAL OR MINIMUM CHARGE
A. The initial or minimum change, as provided in the rate schedule,
shall be made for each connection, regardless of location. Each con-
nection requires a separate meter reading sheet, and each meter
reading sheet shall cover a separate and individual account.
B. Sewer service furnished for a given lot shall be used on that lot
only. Each customer's service must be separately charged.
C. Those customers on wells will be charged the minium amount as set
forth in the rate schedule unless the estimate of water consumption
is judged to be greater.
VI. COUNTY'S RESPONSIBILITY AND L/ABILITT
A. The County shall run a service line from its collection line to the
property line where the collection line runs immediately adjacent and
parallel to the property to be served, and for which an availability
fee, at an amount then in effect, will be charged.
B. The County may terminate its sewer stub-out at the property line or,
at the County's option, on the consumer's property or in a location
mutually agreed upon.
C. When two or mere stub-outs are to be installed on the same promises
for different customers, they shall be closely, grouped and each
clearly designated to which consumer it applies.
D. The County does not assume the responsibility of inspecting the con-
sumer's piping or apparatus and will not be responsible therefor.
E. The County reserves the right to refuse service unless the customer's
lines or piping are installed in such manner as to prevent cross-
connections or backflow.
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F. The County shall not be liable for damage of any kind whatsoever
resulting from sewage or the collection of sewage from the customer's
premises, unless such damage results directly from negligence on the
part of the County. The County shall not be responsible for any
damage done by or resulting from any defect in the piping, fixtures
or appliances on the customer's premises. The County shall not be
responsible for negligence of third persons or forces beyond the
control of the County resulting in any interruption of service.
G. Under normal conditions, the customer will be notified in advance of
any anticipated interruption of service.
VII. CCNSUMER'S RESPCNSIBILITY
A. Piping on the customer's premises must be so arranged that the con-
nections are conveniently located with respect to the County's lines
or mains.
B. The customer's piping and apparatus shall be installed and maintained
by the customer at the customer's expense in a safe and efficient
manner and in accordance with the County's rules and regulations and
the sanitary regulations of the State Board of Health and the State
Division of Environmental Management, plus passing the plumbing
inspection.
C. The customer shall guarantee proper protection for the County's
property placed on the customer's premises and shall permit access to
it only by authorized representatives of the County.
D. In the event that any loss or damage to the property of the County or
any accident or injury to persons or property is caused by or results
from the negligence or wrongful act of the customer, his agents or
employees, the cost of the necessary repairs or replacements shall be
paid by the customer to the County: and any liability otherwise
resulting shall be assumed by the customer.
E. The amount of such loss or damage or the cost of repairs shall be
added to the customer's bill.
VIII. EXTENSIONS W LINES AN) SERVICM
A. Sewage collection lines to serve undeveloped subdivisions will be
handled as follows:
1. The extensions must be in accord with the overall plan to serve
Efland and subject to approval of County's Engineer.
2. Prior to approval of the lines to be extended to serve new
developments, approvals must be obtained as follows:
a) subdivisions - preliminary subdivision plat musts be approved
by the County, including preliminary plans for sewer lines.
b) planned developments - if the lines are part of a planned
development application preliminary plans for sewer lines must
also be approved.
3. The extensions must be consistent with GOal 9.3 of the Land Use
Plan which *prohibit the establishment of public water and sewer
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services in the areas designated water quality critical area,
except to address emergenoy situations."
Are "other extensions" those exclusively by County? If so,
should be subject to same goal 9.3. If covers extensions by
private interests, why- not allow engineer other than County to
Prepare plans? Also, goal 9.3 would apply.
4. The developer will install the lines in accordance with the
approved plans.
5. The County shall have access for purposes of inspection of the
pipe line construction at all times.
6. No pipe line shall be connected to the County system until the
County has inspected and confirmed that the lines have been
installed in accordance to the approved plans and County stan-
dards. Final approval shall be made to the developer in writing
with the issuance of a Final Approval and Acceptance Certificate
by the County.
7. Upon completion of the new extension, the developer will deed
the complete facility, to include all rights of way, easements,
permits, franchises and authorizations or other instruments
needed, for the operation and maintenance of the facility, to
the County. The County will not reimburse the developer for the
extension.
IX. ACCESS TO PREMISES
A. Duly authorized agents of the County shall have access at all reason-
able hours to the premises of the customer for the purpose of
installing or removing County property, inspecting piping, reading or
testing meters or for any other purpose in connection with the
County's service and facilities.
B. Each customer shall grant or convey or shall cause to be granted or
conveyed, to the County a perpetual easement and right of way across
any property owned or controlled by the consumer wherever said per-
petual easement and right of way is necessary for the County sewer
facilities and lines so as to be able to furnish service to the con-
sumer.
X. CHANGE CP CCCUPANCY
A. Not less than three days notice must be given in person or in writ-
ing, at the County's revenue department, to discontinue service for a
change in occupancy.
B. The outgoing party shall be responsible for all sewer service up to
the time of departure or the time specified for departure, whichever
period is longer.
C. Whenever there is change in the use of a business the applicant shall
submit and the County shall make a determination that the effluent
produced by the occupant or use will not adversely affect the sewage
treatment process at the waste treatment plant.
XI.
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A. Meters will be read and bills rendered in accordance with the poli-
cies established by the County and as may be contracted with the
Orange Alamance Water Authority. The County reserves the right to
vary the dates or length of period covered, temporarily or
permanently if necessary or desirable.
B. Bills for sewer service will be figured in accordance with the
County's published rate schedule then in effect and will be based on
the amount of water consumed for the period covered by the meter
readings. (See Article V.C. for those customers not on metered water
usage.)
C. Charge for service commences when tap meter is installed and connec-
tion made, whether used or not. Sixty (60) days may be allowed for
connection upon initial installation of the sewer system, unless a
hardship condition exists and an exception time period is agreed to
between the customer and County.
D. Readings from different meters will not be combined for billing,
irrespective of the fact that said meters may be for the same or
different premises, or for the same or different customers, or for
the same or different services.
E. Bills are due when rendered and become delinquent 20 days after the
meter reading whereupon water service may be discontinued.
F. Failure to receive bills or notices shall not prevent such bills from
becoming delinquent or relieve the customer from payment where the
bill has been mailed to the last address given to the billing office
by the customer.
G. Unpaid bills will become liens on the property as provided for in the
Sewer Easement/Agreement.
XII, SUSPENSION (P SERVICE
A. When services are discontinued and all bills paid, the deposit will
be refunded.
B. The deposit will be applied by the County toward settlement of the
account. Any balance will be refunded to the customer unless the
amount is less than $1; but if the deposit is not sufficient to cover
the bill, the County may proceed to collect the balance in the manner
provided in the Sewer Use and Easement Agreement,
C. The County, in addition to prosecution by law, may permanently refuse
service to any customer who tampers with a meter or tap.
XIII. COMPLAINTS - ADJUSTMENTS_
A. If the customer believes his bill to be in error, he shall present
his claim, in person, before the bill becomes delinquent.
Such claim if made after the bill has become delinquent shall not be
effective in preventing discontinuance of service as heretofore pro-
vided. The customer may pay such bill under protest and said payment
shall not prejudice his claim.
B. Any requests for special meter readings or tests shall be governed by
the rules and regulations of the Orange Alamance Water Authority.
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XIV. RETURNED CHECK FEE
Each check for payment made payable to the County is accepted subject to
collection, and a service fee will be charged for each instance when such
check is not honored for payment by the bank or other institution on which
it is drawn.
The service fee shall be added to and become a part of the monies due the
County for which the dishonored check was drawn and shall, be payable upon
notice.
XV. ABRIDGERENT OR MODIFICATION OF RULES
A. No promise, agreement or representation of any employee of the County
shall be binding upon the County unless it shall have been agreed
upon in writing, signed and accepted by the duly authorized officers
of the County.
B. No modification of rates or any of the rules and regulations shall be
made by any agent of the County without the expressed approval of the
County Board of Commissioners, as recorded in the minutes of the
Board meeting.
XVI. ADOPTION OF RULES.
Until further order of the Orange County Board of Commissioners, the rules
and regulations as the same are hereinabove set out are hereby adopted as
of the date hereof to become effective on and after October 15, 1985.
Done this the 15th day of October , 1985 .
ATTEST:
By
Clerk, Orange County Board Don Willhoit, Chairman
of Commissioners Orange County Board of Commissioners
ORANGE COUNTY
1
BOARD OF COMMISSIONERS AC194 ACIENDA
ITEM NO. 1- )
ACTION AGENDA ITEM ABSTRACT
MEETING DATE September 30, 1985
SUBJECT: Expansion of Insurance Rated District
...R..'■-• - ..... .... -------
DEPARTMERT: Emergency Services
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EUP ;;;;;;ALING: YES A: NO
.......,
A2TACHMENT(S): yes
INFORMATION CONTACT: Bobby Baker
PHONE NUMBERS: Chapel Hill — 929-8109
1 . Hillsborough — 732 8161
L
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PURPOSE: For the board to consider approval of the expansion of the Cane Creek
insurance rated district from four (4) road miles to five (5) road miles.
NEED: To comply with new provisions approved by the Insurance Service Office in
December, 1984, which allows rated fire departments to expand their rated
districts by one (1) road mile.
IMPACT: Would allow residents within the one mile expanded rated district to
be eligible for a reduction in fire insurance premiums.
BECOMMENDATION(S): That the board approve expansion of the Cane Creek Insurance
rated district from four (4) road miles to five (5) road miles as described
in attachment and authorize filing with the Insurance Service Office.
,;,
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CANE CREEK FIRE DISTRICT 013
ORANGE COUNTY
Served by Orange Grove Vol. Fire Dept.
5-Mile Insurance Fire District
• •
Beginning at point (1) at the intersection of Roads 1120 and
1114; thence southeasterly to point (2) at the intersection
of Roads 1125 and 1126; thence easterly to point (3) on Road
1199, 0.5 mile west of its intersection with Road 1006,
excluding property on. Road 1199 between this and the
preceding point; thence easterly along the centerline of Road.
1199 to point (4) at its intersection with Road 1006; thence
easterly along the centerline of Road 1129 to point (5) on
' Road 1129, 0. 5 mile southeast of its intersection with Road
1006; thence southerly to point (6) on Road 1127, 0. 9 mile
east of its intersection with Road 1128; thence southeasterly
to point (7) on Road 1115, 0. 2 mile northeast of its
intersection with Road 1179; thence southerly to point (8)
on Road 1179, 0. 2 mile southeast of its intersection with
Road 1115; thence southerly to point (9) on Road 1179, 0. 3
mile north of its intersection with Road 1111, excluding
property on Road 1179 between this and the preceding point;
thence southerly to point (10) on Road 1111, 0. 3 mile south
of its intersection with Road 1179; thence southwesterly to
point (11) on Road 1112, 0. 3 mile south of its intersection
PAGE 1
014
with Road 1175; thence northwesterly to point (12) on Road
1175, 0. 3 mile west of its intersection with Road 1112;
thence southwesterly to point (13) on Road 1102, 2. 8 *miles
south of its intersection with Road 1177, excluding property
on deadend Road 1175 west of the preceding point; thence
southwesterly to point (14) on N. C. Highway 54, 0.2 mile east
of its intersection with Road 1952; thence southwesterly to '
point (15) on Road 1952, 0. 2 mile south of its intersection
with N. C. Highway 54; thence northerly along the centerline
of Road 1952 and westerly along the centerline of N. C.
Highway. 54 to point (16) at the intersection of N.C. Highway
54 and Road 1958; thence southerly along the centerline of
Roads 1958 and 1957 to point (17) on Road 1957, 0. 2 mile
south of its easternmost intersection with Road 1958; thence
northwesterly to point (18) on Road 1958, 0. 2 mile west of
its easternmost intersection with Road 1957; thence
northwesterly to point (19) on N. C. Highway 54, 0. 5 mile west •
of its intersection with Road 1958; thence northwesterly to
point (20) at the intersection of Road 1957 and N. C. Highway
54, excluding property on N.C. Highway 54 between this and
the preceding point; thence northwesterly along the
centerline of N. C. Highway 54 to point (21), 0. 2 mile
northwest its intersection with Road 1100; thence
northwesterly to point (22) on Road 1100, 0. 3 mile west of
its intersection with Road 1115; thence northeasterly to
point (23) on Road 1117, 0. 2 mile southeast of its
intersection with Road 1119; thence nOrtheaster/y. to point
PAGE 2
allanaessummea _
• 015
(24) on Road 1120, 0. 2 mile southwest of its intersection
with Road 1114; thence northeasterly along the centerline of
Road 1120 to point (1), the beginning.
Note: This description describes an area of Orange County
pursuant to General Statute 153A-233 for insurance grading
purposes only.
PAGE 3
UMEADIUM 4VUNTA
BOARD OF COMMISSDONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT ITEM NO.F1121_
MEETING DATE October 15, 1985
016
suBjEcr: Fire Protection Contract
•
•
x
DEPARTMENT: Emergency Services PUBLIC HEARING: YES NO
ATTACHMENT(S): Yes INFORMATION CONTACT: Bobby Baker
PHONE NUMBERS: HILLSBOROUGH 732-8161
CHAPEL HILL 929-8109
•
•
v 4 -
PURPOSE: For the Board to consider entering into a contract with the White
Cross Fire District Trustees for the purpose of providing fire
protection to the White Cross Fire District.
•
NEED: 1. To provide fire protection to the citizens of the White Cross
Fire District;
2. To meet the requirements to be eligible to apply for Farmers
Home Administration funding.
IMPACT: Would allow for organized fire protection to the White Cross Fire
District. Would allow for eligibility for funding.
RECOMMENDATION(S): Approval of contract with White Cross Trustees.
°cT lo A06
Yom_
NORTH CAROLINA
CONTRACT AND AGREEMENT
Orange COUNTY
THIS CONTRACT AND AGREEMENT, made and entered into this the 20
day of November , 1985 , by and between the COUNTY OF
Orange , party of the first part, also referred to as
County and the White Cross Volunteer Fire Department
partro£ the second part, also referred to as Fire Department;
WITN ESS ETH:
•
THAT WHEREAS, N.C.G.S. .69-25.5-provides that,counties may provide
for fire protection in a fire district by contracting with any incor-
porated nonprofit volunteer or community fire department; and
WHEREAS, the new N.C.G.S. 159-13 , which became effective
July 1,1973, provides that the budget ordinance "may be in any form
that the Board (of Commissioners of Orange County) deems
most efficient in enabling it to,make the fiscal policy decisions em-
bodied therein, but it shall be so organized that the accounting sys-
tem will show appropriations and revenues by line items within at least
the following funds: . . . • a fund for each special district whose
taxes are collected by . . ." the county of Orange ; and
WHEREAS, the party of the second part is -a nonprofit-corporation
organized for fire protection purposes; and - - -
WHEREAS, it serves a special tax district created by a vote of the
people; and __.
-2- •
•WHEREAS, it is desirous to make application to the United States
of America, acting through the Farmers Home Administration, United
States Department of Agriculture, hereinafter referred to as the Farm-
.
_ _
•
ers Home Administration for a loan in the amount of $ 300',•000.00
and
WHEREAS, the •County of , Orange levys and collects
the taxes and is responsible for appropriating said funds for-the use
and benefit of the citizens in the fire protection district; and
WHEREAS,, the. County desires to grant a long-term contract to en-
able party of the second part make long-range plans; and
WHEREAS, the County desires to standardize all its arrangements.
with Fire Departments in the County; •
. NOW, THEREFORE, in consideration of the premises and the consider-
._ _
ation of- TEN DOLLARS to each the other in hand paid, the parties here-
. .
to contract and agree as follows;
1. The party of the first part contracts and agrees that it will
cause to be assessed or levied a special tax of up to, $ .15
per one hundred dollar valuation of all real and personal property in
the White Cross Fire District
unless otherwise limited by law and/or a vote of the people; and will
collect said tax as a part of the ad valorem taxes of the County of
Orange provided however, beginning with the fiscal year
1985 _ the amount levied annually shall be based on the needs.
•
_3_
projected in the budget estimate submitted by the Fire Department '
to the County and approved by the County Commissioners.
2. That a special or separate fund shall be maintained by the
County.for funds-collected as a result of said special tax.
3. That current taxes, as they are collected by the county,
shall be paid to Trustees of the White Cross Tire District, Orange County,
,
by the day of each month or as follows: -'
•
Quarterly ' ..
•
that delinquent taxes shell' be remitted quarterly.
• 4. The party of the second part shall- provide the necessary
• equipment and personnel for furnishing adequate fire protection as .
determined by the North Carolina Department of Insurance, Fire and
Rescue Service Division, •for all property located within the
White Cross Fire District
, and it will furnish said
fire protection free of charge to all 'persons and individuals located
in said District in an efficient and workmanlike manner.
5.., ' That e11,. funds paid to the party of the second part by the
•
party of-the first part shall 'be'used exclusively to provide fire .
protection within said - - White Cross.Fire District-- =
and to pay other legititaate fire
protection expenaea including.principal
•
and interest on the aforementioned loan -made by the Farmers Home Admin-
is tretion. •
6. It is agreed that the party of the first part may inspect P at all
books and accounts for the party of the second part at any time that
it e4hel'i desire; it is further agreed that the Fire Department Will
present to the County Commissioners an annual audit by a C.P.A. which ,
audit shall be in conformity with existing audit policies of the Coun-
ty.
7. The party of the second part agrees to comply with County bud-
,
geting procedures and other procedures provided for by State Law and
.•
agrees to submit budget estimates to the Board of-Commissionerson •
the standard forms used by county departments; the party of the sec-
.__
ond pert also agrees to use standard line items for accounting de-
vised or consented to by the County.Accountent from time to time.
• 8. This contract shall expire 20 years from the-date of closing of the
• FmHA Loan.
• 9. The party of the second part further agrees 'to _file with the
County Auditor a true copy of the Articles of Incorporation, existing
Bylaws and any changes made thereto from time to time; further, the
party of the second part agrees to adopt bylaws which meet all minimum
legal requirements and which bylaws, in addition thereto, have reason-
able provisions enabling citizens of the community to participate in •
the affairs' of the corporation at at least an annual heating and vest- _
ing in a Board of Directors the authority to manage the affairs of the.
... . - -
corporation without a vote of the membership to the extent permitted by
N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act.
_ -
•
. -
•
A' 0 •
erg_
IN TESTIMONY WHEREOF, the party of the first part has caused
this instrument to be executed by the Chairman of the Board of
County Commissioners and attested by the Clerk of the County Board
. of Commissioners, and the 'party of the second part has caused this
instrument to be signed in its name by its president, attested by
its Secretary, and its corporate seal hereto affixed, all by order
of its Board of Directors duly given.
Orange . COUNTY BOARD OF COMMISSIONERS
By: /1 .1).4.41 lifio„..1
..
(Chairman)
ATTEST:
e• /.
l / (Clerk) •
White Cross Volunteer Fire Department
(Name of Fire Department)
By: //
, /_,,
(President)
ATTEST:
- .„41,
/. (Secretary)
(Acknowledgments)
. .
• .. •
-....:,,.." -
ORANGE COUNTY •
,
•
%.,--
BOARD OF COMMISSIONERS ACTION AGENDA
. .
• ACTION AGENDA ITEM ABSTRACT ITEM NO.Ek.
MEETING DATE 10/15/85
- 023 •
, .
. .
. .
. SUBJECT: - REFUNDS AND RELEASE REQUESTS .
- . . •
• . . . .
- , :•• i ' .
•. -
DEPARTMENT: .
I- . PUBLIC HEARING: YES -.NO . - .
TAX gUPERVISOR
- - •
•
ATTACHMENT(S): • . • .
INFORMATION CONTACT:-. . INDIVIDUAL REQUEST KERMBT LLOYD Ext 420
. . .
. . ...
. PHONE NUMBERS: HILLSBOROUGH - 732-8181 '
• : .
. . - ' HILLSBOROUGH - 732-9361 - - - -
,
- - • - . CHAPEL HILL - 967-9251 -
.
.
.- - - • -
MEBANE - 227-2031•
- - • . . . •
DURHAM - 688-7331
• - -. - .
• .
_ PURPOSE: • - • : - - -• . . .
• • • .
. .
. . •- • •
. . •
: . .
To considerlD request a for retunOs 'and/or release of tax bills .. _
. .
• . • . . .
. . . . •
. .
. . ' - • .
. . • . . . -
. .
* .
.. - . • .. . - - •
. .
•
- - - . . •
• - . .
. . .
. - . . .
• •
- ' . • , - .
. .
-
. . ,
NEED: . _ . . •
• . . • . . .
-Geheral Statute 105-381(b) • - . .
• . .
: . . • . .
- Action of Govarning Body - -Upon teceiving, a taxpayer's written - .
. .
• *statement of defense and reqhest for release or refund, the - .
governing body of the Taxing Unit shall within 90 days after
• receipt of such request determine whether the taxpayer has' - :
- . a valid defense to the -tax imposed or any part thereof and
• shall either release or refund. that portion of the amount that
is determined to be in excess of-the correct tax liability
or notify the taxpayer in writing that no release or refund
.. . . . .
will be mad .
• -
. .
. .
• • -. • - ' -
• . . .
' • - ' - • • .
•
IMPACT: •. . . . .
-
•
See separate requests - • - -
.
: . . - . •
- .
. .
- -
•
- . •
. .
RECOMMENDATION(S):
. . • •
Approve all ten releases in amounts and for reasons stated in attached information
from the Tax Supervisor.
. . .
-•
-....
TWP 7
024
ACCT #34791
• TRACT#
MAP
• 8442252-8543213
North Carolina National Bank BILL#
Consumer Credit Control
P.O. Box 21848
•Greensboro, N.C. 27420
COMMENT:
NCNB listed a 1983 Honda leased to Copython, Inc. in Chapel Hill
for the years 1984 and 1985. Copython has informed NCNB the vehicle
was in Wake County starting 1/1/84.
•
ACTION REQUESTED:
Refund of:-
1984 1985
GO 38.29 GO 30.36 •
G2 47.69 • G2 37.47
• CFI 10.86 SC 1.37
96.84 CH 9.63
•
78.83
• • -
RECOMMENDATION:
Approve •
ORDER : •
• DATE:
•
7
TWP•- 02+x1 .
•
ACCT #76134 • •
•
•
• TRACTS 774242 •
• MAP 7 27J•: :5 • .. . • -: :•
- - 1 •
• _ - :. Summerfield.Crossing Home- BILLS "gQgng
- Owners. Assoc. , Inc., - • •
• P.O.- Box.- 31147 '
Raleigh. N.G. 27622
CO
•
Due to a• clerical- error property was valued .and -taxed at market-- -•.
value._-: $ummerf.ield-. Homeowner:'s Association, .Inc. ,: a'.nonprofit .•.
organization, should have been- taxed at a nominal value as provided
. by•Nc.•G•. •Gene •al- Statutes• Section 105-277.-$ which. states: . All-pxopeity real : -
-or personal owned by a non-profit association corporation or similar-non-profit
organization as herein defined shall be assessed for tax purposes on the;basis of a
nominal value. All property opined by said• association' or •corporation is'Yield for the.
use 'benefit and- enjoyment of all members of said association equally- _
ACTION -REQUESTED:
•
Refund of over assessment of 3,821 • , .: •
GO 21.02 ...-' .
CH 5.96 . _•
G2 26.17
. 53.15 If • pprovad . • . .
•
•
- - .RECOt 4ENDATION:- -- - _ . -
•
•
Approve
RDER : '• - .
DATE: •
•
•
•
•
026 . . . . TWP • 7 '
•
ACCT. 76137
_ . - • ... '-TRACT# 724240 . •
[ :MAP .. 7...27T. :3
}
.: - Summerfield Crossing - BILL# . . •
•. _ : .Homeowner's Association, Inc,. 40321
.. . P.O:. 'Box 31147 ' . . . : .-.
Rale.igli,- N.C•.. . .'.27622 •-• - = .. ..
COMMENT:- :.
- _ Due to a clerical- error ro ert -
=-�- -- • - . -. p p •• was valued and"t x d •a market
value. Summerfield Homeowners Association; - Inc. , a nonprofit organizatian,
'
• should -haxre- been taxed ',at a nominal.'--value as' Provided byN.C.. General.
_ . :.,Statutes.-Section -105-x-2.77.8. .. .. _
•
• . .• ACTION REQUESTED: -- . . .. .
'Refund. on over assessment of 1-,085 - -
. : • . GO •5:97 . :
G2- 7.43
•.. .... .= - 15.09 - appro.ved - ..
RECOMMENDATION: .
•- Approve -
•
•
• ORDER-: .. . - . . • • - . .
-
TWP 7 027
•
ACCT # 76129 •
" • - TRACT#724238
• • .'- , - .•. 7.27.7. .1,
- - :. MAP
Summerfield .Crossing •BILL# 40906 •. : .
- - - - •Homeowners Assoc.-, 'I-nc•.- • •. • . .. .
•
P.O. Box -31147 -
• : Raleigh, -•n:C: 27622 - •
•
•
•
: . .. COMMENT: - . -
Dus, to a• c_ierical error property was `valued and taxed at market-
value. Summerfield' Crossing Homeowners Association, Inc. ,. a .nonprofit::
• -organizat;ion,_ should. have-been .taxed •'at. a.nominal. value- as provided
by-N.C. General Statutes Section 105-277.8 . -
•
..:. -ACTION REQUESTED:..
• . Refund of over assesment-of 90,370
GO ' 497."04 --
CH 140.98 ••' 7: . •• ' ` _: ' :..:,.'.... G2- • 61•9•:03 .- ' . . . _ • • - .. .-- -:J: . -- ,_ -•$1,257.05 If approved
.. Approve
RECOMMENDATION: - .
ORDER
DATE: -• '
•
•
.. 4
.
028 TWi' 7
ACCT # 76136
• TRACT# 724239
•
C ... . , . MAP , . 7.27..7. :? •
• Summerfield Crossing • B1LL# 40910 .:
Homeowners Assoc., Inc. •
.-_
P.O. Box 31147 . • . .
. Raleigh, N.C.- 27622 • •
•
•
CQPIENT: :. • • .
Due to a clerical error property was valued and taxed at market value.•
• Summerfield Homeowners Assoc. Inc. ,. a nonprofit organi"zation., should
.have-.been •taxed at as nominal. value as provided by N.C. Statutes
. Section 105-277.8 •
ACTION REQUESTED:• • . •
Refund'o:f over assessment of 10,388 .. .
• - • • GO 57.13
CH 1.6.21 ".
*
•
G2 " 71.16
. 144,50 .. If Approved .. ' .. _. .
•
•
• RECOMMENDATION:
. .. .Approve .. ._ .:.... ._. . ..•'.. . . . . .
•
.. ORDER : . "
- DATE:' - . ' : -••
:..: 025.
TWP` 7
:._ ACCT-#38685 '
TRACT#.716106
MAP 7.8G..6
Triplett, William L. BILL# 33740
P.O. Box 570
Carrboro, N.C. 27510
COMMENT: •
Due to clerical error, taxpayer was billed for two trailers when '
he actually owned only one 1968- Ritzcraft. .
ACTION REQUESTED: Refund on $3890 Value
GO . - 21.40
FD 1.56
$22.96 If approved
RECOMMENDATION: : Approve -
ORDER
DATE: -
•
„ .
TWP 7
ACCT # 33860
TRACT# •
' MAP
]
A Southern Season, Inc. BILL# 37840
P.O. Box 2651 .
Chapel Hill, N.C. 27514
•
COMMENT:
Leased bakery equipment was included Vin this business personal
property listing. Error was discovered when lessee was billed
for property tax by lessor, Central Carolina Bank.
•
ACTION REQUESTED:
Refund on leased bakery equipment value of $23,605
GO 129.83
CH 36.82
G2 161.69
$328.34 If approved
•
• .- - •-• -
RECOMMENDATION:
Approve V -
ORDER :
DATE:
•
• TWP 7 031.
ACCT # 81267
TRACT# -
MAP
Associated Realty Investors/ BILL# 8437963
Eastowne
P.O. Box 34487
Charlotte, N.C. 28234
COMMENT:
Taxpayer listed real property in error as personal property. The
amount overlisted was 152,900 x .90 = 137,610
ACTION REQUESTED:
Refund on amount 137,610 •
GO 756.86
G2 942.63
C4 214.67
1,9l4717- if approved
RECOMMENDATION: •
Approve
ORDER :
DATE:
•
TWP 4
032
ACCT #
TRACT# 8.D.5
MAP
Kodell Hicks
BILLS
616 Lakeshore Dr.
Hillsborough/ N.C. 27278
•
COMMENT:
Two 1972 recorded documents which affect this property were
overlooked at the last appraisal. Since they were on public
record, we should have considered them in our appraisal. These
documents show significant encroachments by a large right-of-way
and a roadway. If these encroachments had been considered the
appraisal would have been significantly lower for 1982, 1983
• and 1984. This request is to correct excessive tax which resulted
from a clerical error.
ACTION REQUESTED:
1. Refund a portion of the 1982, 1983 and 1984 property tax;
2. Release a protion of the 1985 property tax.
•
RECOMMENDATION:
1982 Refund: County 39.12 - 1984 Refund: County 39.12
Hillsborough 28.45 . Hillsborough 28.45
67. 7
67.57•
1983 Refund: County 39.12 1985 Refund: County 41.25
Hillsborough 28.45 Hillsborough 30.59
71.85
ORDER : -
DATE:
033
TWP
ACCT #
TRACT# 123646
r MAP _,51F1
Jack D. Mincey & Charlotte BILL# 80072.80071,80Q75
Rt 1
Hillsborough, N.C. 27278
] •
COMMENT;
Three bills for deferred taxes were created in error by the Tax Office.
Taxes were paid by the attorney at closing, and then we billed the Mincey' -
in error and they paid the bill.
ACTION REQUESTED:
_
Refund overpayment of taxes
County $104.82
RECOMMENDATION: APPROVE
ORDER :
DATE:
•
034
ORANGE COUNTY
BOARD OF coimmusionms Action Agenda
ACTION AGENDA ITEM ABSTRACT Item No. f7tor
Meeting Date: OCTOBER 15, 1985
SUBJECT: NDWDEPARTMEETAL AGENCY AGREEMENTS
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X Ne
ATMCEPIENT(S): INPORMATIONCONTACT: MANAGER'S
OFFICE, X501
AGENCY AGREEMENTS TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Rill - 968-4501.
mebane - 227-2031
Durham - 688-7331
PURPOSE: Tb consider authorizing a formal monitoring system for all non-
departmental agencies.
NEED: In the past, non-departmental agencies receiving initial or
regular annual funding are reviewed during the County's budget
preparation period. In essence, the budget staff reviews infor-
mation included on the non-departmental budget request form
which is completed by each agency. specific budget recommenda-
tions for each agency are derived from the budget request form.
Under the proposed system, agencies would sign a performance
contract outlining various responsibilities, complete a quar-
terly report and receive site visits to ensure conformity. The
proposed system would enable staff to compile more information
for the Board during budget deliberations. Byconeechee Library,
OPC Mental Health, JOOCA. and municipal support agencies have
been omitted because of the unique and complex arrangements with
these agencies. A monitoring system for the excluded agencies
will be forthcoming.
In addition, renewal agreements initiated by Rape Crisis and
Adolscent-In-Need have been attached for comparison. The pro-
posed system would replace agency initiated agreements.
IMPACT: Eatablishment of a monitoring system would provide a
consistent/organized method to review agencies.
RECOMMENDATIONCS):
Establishment of performance agreements and quarterly reporting
for non-,departmental agencies.
035•
AGREEMENT
NORTH CAROLINA
ORANGE COUNTY
This AGREEMENT made and entered into effective the first day of July 1985
by and between the ORANGE-PERSON-CHATHAM MENTAL HEALTH CENTER, hereinafter called
"Center" and the ORANGE COUNTY RAPE CRISIS CENTER, hereinafter called "Rape Crisis."
This agreement shall be administered on behalf of Orange County by the Center
pursuant to the direction of the Orange County Board of Commissioners.
WITNESS ETH
WHEREAS, Rape Crisis provides free, confidential support, counseling,
information, and education to women regarding rape and its prevention; and
WHEREAS, Rape Crisis provides assistance to the rape victim; and
WHEREAS, Orange County has determined that it is in the best interests
of citizens of Orange County that said program be partially supported by
Orange County and thereby be accessible to the residents of the County.
NOW THEREFORE, in consideration of the aforesaid and the mutual covenants
and conditions hereafter set forth, Center and Rape Crisis agree as follows:
l. County support. Orange County will expend from its appropriation for
the support of Rape Crisis the sum of thirteel% thousand and five hundred dollars
($13,500) for the period of July 1, 1985 to June 30, 1986.
2. Payment and Documentation. The funds shall be paid within the first
sixteen days of each month and will be paid in accordance with the following
schedule:
-.2-
Payment
036
Number bate
Amount
1
2 by July 16 $ 1,1'25.00
3 by August 16 1,125.00
by September 16
4 by October 16 1,125.00
5 by November 16 1x125.00
6 by December 16 1 .125.00
7 1,125.00
8 by January 16 .
by February 16 1,125.00
9 by March 16 ],125.00
11lO. by by
April 16 1125.00
12 May 16 1,125.00
by June 16
TOTAL $ 13,500.00
The fourth payment and ensuing payment will be contingent upon receiving
satisfactory documentation and accounting of expenditures and receipts for the
preceding quarter.
Rape Crisis will, also furnish to the Center a.program report showing
progress toward meeting the agreed upon objectives.
These reports and documentation will be submitted to the Center Finance
Officer by the fifth business day following the close of the quarter.
3. Financial Records and Reporting. Rape Crisis agrees to furnish the
Center Finance Officer with quarterly financial statements, on or before the 5th
business day following the close of each calendar quarter during the term of
this agreement. The financial report will include as a minimum a balance sheet
(assets, liabilities, and equity) and a statement of income (revenues and expen-
ditures). Rape Crisis will submit other financial reports as directed by either
or both the Center Finance Officer and the Orange County Finance Offier. In
addition to supplying such statements, Rape Crisis agrees to allow both the
Center Finance Officer and the Orange County Finance Officer or their respective
designates to inspect its books upon reasonable notice during normal working
hours. The financial 'reports will be prepared in the format so designated by
the Center Finance Officer.
4. Prohibition Against Discrimination. Rape Crisis agrees to abide by
all restrictions on the use of public funds, including the prohibition against
discrimination on the basis of race, color, national origin, sex, handicapped
status; and the requirement to pay all employees doing similar work at the same
wage scales.
5. Objectives. Rape Crisis agrees to continue its services to residents of
Orange County and to maintain the level of professional services to as full an
extent as possible considering program and financial limitation.
Specifically, Rape Crisis agrees to the following:
1. To provide 24-hour telephone information and support, emergency assis-
tance, legal support.and companionship, and face-to-face counseling
to victims of sexual assault, and their families and friends.
2. To have a trained Companion available at all times by maintaining a
pager in Orange County.
3.. To provide education on the subject of rape to community groups
and individuals.
4. To offer instruction and education on rape avoidance and rape
prevention, including self-defense.
5.. To maintain professional liability insurance covering all volunteers
and staff with the Center as long as financially possible; to notify
the Center if this liability insurance lapses.
6. To provide quarterly statistics to the Orange County Coordinator on
the following services rendered:
a. Number of clients served through Companion services.
b. Number of community education programs provided.
c. Number of persons reached in community education activities.
d. Number of groups reached in outreach activities.
e. Number of new Rape Crisis volunteers trained.
f. Number of volunteer hours contributed in service to the
. community.
- 4 - O8 •
. 6. Termination for Cause. In the event that Rape Crisis shall cease or
reduce significantly below the objectives set out above for its Orange County
operations during the term of this agreement, or in the event that Rape Crisis
shall fail to render satisfactory accounting as provided herein, then and in that
event and upon recommendation to that effect from the Center staff and with
approval by the Center Area Board, the County Commissioners may terminate this
agreement and Rape Crisis will return all payments already made to it for services
which have not been provided or for which no satisfactory accounting has been
rendered.
IN WITNESS THEREOF, the parties hereunto cause this agreement to be
executed in their respective names.
This is the day of . 1985.
ORANGE COUNTY ORANGE-PERSON- HAT ,.t Mr' HEALTH CENTER
BY: 6,1444
Don Willhoit, Chair, William F. Baxter, .
Orange County Board Area Director
of Commissioners
This instrument las been pre- ORANGE COUNTY RAPE CRISIS CENTER
audited in the manner required
by the Local Government Budget By:
and Fiscal Control Act. TITLE: President
•
039
STATE OF NORTH CAROLINA ADOLESCENTS-IN-NEED PROJECT
COUNTY OF ORANGE CONTRACT RENEWAL
THIS CONTRACT RENEWAL, made and entered into this 19th day
of July, 1985, by and between Orange County, party of the first part, and
The University of North Carolina at Chapel Hill, Department of Pediatrics,
party of the second part.
WITNESSETH:
THAT WHEREAS, a Contract has previously existed between the same
parties which are parties to this agreement, the subject matter of said
previously existing contract being a joint effort of the Department of
Pediatrics of the University, the Orange County School District and' other
community agencies in northern Orange County designed to help adolescents
become successful parents and thereby reduce the incidence of child abuse
and neglect with the Department of Pediatrics having responsibility for
management of the project, and it being dated July , 1984.
'WHEREAS, a copy of said previously existing Contract is attached to this
document and is hereby incorporated herein by reference as though fully set
forth; and
WHEREAS, the parties to this agreement desire to continue and renew the
relationship set forth in the said previously existing Contract;
NOW, THEREFORE, in consideration of the mutual promises and agreements
and any sums to be paid, the parties agree that the previously existing Contract
which has been incorporated by reference herein is hereby renewed and reaffirmed
on identical terms and conditions except as set forth below:
1. The term of the Contract will begin on the 1st day of July, 1985,
and end on the 30th day of June,1986.
040
IN WITNESS t1TEREOF, the parties hereunto cause this Agreement to be
executed in their respective.names.
This the 19th day of July, 1985.
ATTEST:
By:
Don Pri llhoit, Chair.
Orange County Board of
Commissioners
Clerk, Orange County Board of •
Commissionrs
FOR AND ON BEHALF OF THE UNIVERSITY
OF NORTH CAROLINA AT CHAPEL HILL
Farris W. Womack
Vice Chancellor, Business and Finance
This instrument has been pre—audited in the manner required by the
Local Government Budget and Fiscal Control Act.
ORANGE COUNTY
•
• BOARD. OF COMMISSIONERS
. ACTION AG r. A _
ACTION AGENDA ITEM ABSTRACT
•
ITEM N0 .
MEETING DATE• •OcToBER-I5—I985 - '- 041
•
•
-SNJECT: Budget Amendments-- State Discretionary Funds- •
p PARTriENT: Finance' = - PUBLIC HEARING: . YES x NO '
•
ATTACHMENTS INFORMATION CONTACT: Donna Wagner
Proposed $udget g
Amendments
Capital Project 'Ordinance - • -~__ • PHONE NUMBERS: HILLSBOROUGH - 73z-8181
'Northern Fairview Revitali-zation HILLSBOROUGH HILL -•- 732-9361
fund. ' CHAPEL HILL •- 967 9251
•
• MEBANE -- 227-2031
•
. DURHAti� -• G88�7331
•
PURPOSE: Consid-eration of proposed budget amendments: - . • ' '•
•
- • GENERAL FUND - • •• •
. To - budget for "State 'Discretionary. Funds" that have b•een.received•
by the Orange•. Couiity' Recreation Department- foi- operating expenses •
in initial development of *the• Northern Fairview_Park.
i`" 0= *HOMESTEAD CENTER RENOVATION FUND • - -. -
To budget for !'State Discretionary Funds". that have been received
• by 'the Orange County,. Recreation Department - •
. + • NORTHERN ,FAIRVIEW RENOVATION FUND • - • '
To budget for "State.Discret.ionary Funds" that have been received '- '
by. the Orange County Recreation Department. - -
•
•
•
•
I'''PACT: - - GENERAL FUND •
• This amendment will increase the Recreation- Department's budget -
with 100% "State Discretionary Funds" : No County match will be
required. .
HOMESTEAD CENTER RENOVATION FUND -
This amendment will increase the funds available for renovation
•
of the Homestead Center and will require no additional County- match.
- NORTHERN FAIRVIEW RENOVATION FUND
. This amendment will establish a. fund for revitalization of the
Northern Fairview Landfill area into_ a neighborhood and community
• park. No County funds are required for this project.
R":•;0MMENDATI N(S) ; A
Project Ordinances by proposed. amendmentsmen andlto5establiSft adcapitaal.
project ordinance for the Northern Fairview Revitalization Fund.
•
042
ORANGE COUNTY
PROPOSED
•
•
1985-86 BUDGET AMENDMENT
The 1985-86 Budget and Capital Project Ordinance as adopted on
July 3, 1985 , and subsequently amended, is hereby amended as follows:
BEFORE AFTER
AMENDMENT AMENDMENT AMENDMENT
GENERAL FUND
Appropriation:
Recreation $ 317,243 $ 8,000 $ 325,243
• Source:
State Discretionary Funds 0 8,000 8,000
To budget for State Discretionary
Funds for Recreation operating
expenses related to revitalization
of the Fairview Community Park.
HOMESTEAD CENTER RENOVATION FUND
Appropriation:
Homestead Center Renovations 11,500 10,000 21,500
Source:
State Discretionary Funds 0 10,000 10,000
To budget for State Discretionary
Funds for Homestead Center.
NORTHERN FAIRVIEW REVITILATION FUND
Appropriation:
Northern' Fairview Revitalization 0 20,000 20,000
Source:
State Discretionary Funds 0 20,000 • 20,000
To budget for State Discretionary
• Funds for Northern Fairview
Revitalization.
• Approved this 30th day of Septmeber, 1985 .
CAPITAL PROJECT ORDINANCE
Be it ordained by the Board of Commissioners that, pursuant to Section 13. 2 of
Chapter 159 of the General Statutes of North Carolina, the following capital project
ordinance is hereby adopted:
Section 1. * The project authorized is for the construction of facilities and the
development of a park in the Northern Fairview Community by the re-
vitalization of a landfill area. The project will be financed by a
State grant.
Section 2. The officers of the County are hereby directed to proceed with the
project within the budget contained herein.
Section 3. The following revenue is anticipated to complete this project:
State Grant 20 000
Section 4. The following amount is appropriated for this project: -
Revitalization - Northern Fairview Park $20;000
Adopted this 30th day of September, 1985.
Beverly A. Blythe, Chair Don Willhoit, Chair
Orange County Board of Commissioners Orange County Board of Commissioners
Shirley Marshall, Vice Chair
Ben Lloyd 40
r;i
Norman Walker
Moses Carey
-
BOARD. OF COMMISSIONERS ACTION AGENDA
•
• ACTION AGENDA ITEM ABSTRACT ITEM HO
MEETING DATE October 15,` 1985
•
- 044
• SUBJECT: Budget Amendments - _
1, JEPJtRTh1ENt:Finance •. - • PUBLIC HEARING: : . yES _0• . . - .
ATTACHMENT(S): Proposed Budget Amendments INFORMATION CONTACT Donna Wagner • -
- - ext 495 -
- PHONE NUMBERS: HILLSBOROUGH -'-732-8181
•
HILLSBOROUGH -- 732-9361 . .
• • - CHAPEL HILL - 967-9251•• - _ MEBANE -- 227-2031 .
- • DURHAM 688-7331 -
• PURPOSE: Consideration. of proposed budget amendments • -• .
•
•
-NEED: - COUNTY CAPITAL RESERVE-FUND - - -
- • TO budget for-quarterly.payments from the -Orange •County ABC Board to the -
Orange,County Sheriff.;Department fox-establishment of a reserve to provide
2 new vehicles every 3 years. -
COUNTY CAPITAL PROJECTS FUND
•To budget for change- orders for restoration of the Old-Courthouse. - - -
OLD COURTHOUSE RENOVATION FUND : `
To budget for change orders P.1,• G.02, 'HAC:1, •and E.01 -for the restoration of
- • • the Old Courthouse. -
•
IMPACT: COUNTY CAPITAL RESERVE FUND • - •
- : This amendment will establish a reserve account in which vehicles may be
purchased every three years.
•
• COUNTY CAPITAL RESERVE FUND -
" This amendment will decrease the Fund Balance Available by a transfer of - -
funds to the Old Courthouse Renovation Fund. .
, - OLD COURTHOUSE•RENOVATION FUND
This amendment will increase funds available for completion of the Old -
Courthouse Renovation.
RECOMMENDATION:
Approve motion to amend the 1985-86 Budget and Project Ordinance.
045
ORANGE COUNTY
PROPOSED
1985-86
BUDGET AND PROJECT ORDINANCE AMENDMENT
The 1985-86 Budget and Capital Project Ordinance as adopted on July 3,
1985, and subsequently amended, is hereby amended as follows:
BEFORE
AFTER
AMENDMENT AMENDMENT AMENDMENT
COUNTY CAPITAL RESERVE
Appropriation:
Sheriff Vehicle Reserve $ 0 $23,400 $23,400
Source:
ABC Board 0 23,400 23,400
To budget for ABC Board reserve for purchase of Sheriff vehicles. .
COUNTY CAPITAL PROJECTS FUND
Appropriation:
Transfer to Old Courthouse
Restoration Fund $ 0 $7,345 $7,345
Source:
Fund Balance Appropriated 11,500 7,345 18,845
To budget for change orders for restoration of Old Courthouse.
OLD COURTHOUSE RENOVATION FUND
Appropriation:
Renovations $428,203 $7,345 $435,548
Source:
Transfer from County Capital
Projects Fund 0 7,345 7,345
To budget for change orders for restoration of Old Courthouse.
Approved this 15 day of October, 1985.
ORANGE COUNTY 046
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date OCTOBER 15, 1985
Action ends
SUBJECT: PD-4-85 CHANDLER CONCRETE, CO. Item #'"�
DEPARTMENT: PLANNING PUBLIC HEARING Yes X No
Attachment(s) Information Contact: SUSAN SMITH
SEE 8-26-85 PUBLIC HEARING AGENDA & HANDOUTS
SEE 9-30-85 80CC AGENDA MATERIALS
PLANNING BOARD RECOMMENDED FINDINGS
Telephone Numbers
Hillsborough - 732-8181
Durham - 888-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To continue consideration of the request for a Planned
Development -Industrial III Special Use Permit for 1 .41 acres
of property owned by the Chandler Concrete Co. and submitted to
public hearing on August 26, 1985.
To receive the Planning Board's recommendation on the request .
NEED: The applicants are requesting the issuance of a Special Use
Permit for a Planned Development - Industrial III designation
for 1 .41 acres adjacent to the existing Chandler Concrete
facility zoned Industrial-III . The 1 .41 acres of property is
located east of the existing facility on the south side of Old
NC 10 and is referenced as Tax Map 45, part of lot 32 in
Hillsborough Township.
The applicants previously submitted a proposed secondary Land
Use Plan amendment for the entire 4.34 acres of property. This
request for an amendment from Rural Residential to Transition
Area and Commercial Industrial Transition Activity Node was
submitted to public hearing on May 28, 1985. In the Board of
Commissioner's review of the request for decision, the Board
determined that too much new information had been submitted
after the public hearing and directed that the request be sent
back to public hearing as a new request on August 26, 1985.
The Board also directed that the rezoning requst for the same
property be considered at the same public hearing.
047
P0-4-85 CHANDLER CONCRETE, CO.
OCTOBER 15, 1985
PAGE 2
On September 20, 1985 the Board tabled the item until October
15, 1985 for specific recommendation on the screening. The
applicant 's Landscaping and screening proposal; the Planning
Board's recommended findings and conditions of approval; end
renderings of the site prepared by staff will be reviewed in
detail to address the Board's concerns.
IMPACT: Approval of the rezoning request would allow Chandler Concrete
to utilize property which it owns adjacent to the existing
plant on Old NC 10 for runoff control facilities, parking and
access.
RECOMMENDATION: A Planning Board motion for approval of the request
resulted in a 4-4 vote with one abstention .
The Planning Board reviewed the application, the site plan and
all supporting documentation and found that the applicant
complied with the specific rules, and required regulations
with the exception of screening, Landscaping and lot size
requirements.
Given the nature of the request and the intent to limit the
area of expansion to the minimum necessary to provide for the
runoff control facilities and parking associated with the
vehicles to be cleaned on the site, and the potential pollution
problem to be addressed by the proposal, the Planning Board
recommends that the Board recognize the Limits of the
applicant 's ability to satisfy the minimum Lot size
requirements specified in the planned development provisions
and make the following finding under Section 7.3:
"where actions, designs, or solutions proposed by the
applicant are not Literally in accordance with applicable
PD or general regulations, but the Board of County
Commissioners make a finding, in the particular case, that
public purposes are satisfied to an equivalent or greater
degree, the Board of County Commissioners may make
specific modification of the regulations in the particular
Case
The Planning Board recommends that if the Board approves the
request that the following conditions be attached:
1 . The grantee of this Special Use Permit shall post with Orange
County, in a form acceptable to the County Attorney, a bond or
letter of credit in an amount equal to the cost of all public
improvements plus 10%. The amount shall be determined on the
basis of fully executed construction contracts or certification
by a registered engineer employed by the grantee of this
048
PD-4-85 CHANDLER CONCRETE, CO.
OCTOBER 15, 1985
PAGE 2
Special Use Permit . As improvements are completed a
corresponding amount of money may be released from the security
instruments or the security instruments may be renegotiated
based on the "yet to do" portion of the improvements.
2. Security shall be provided for the grading, paving and stabili-
zation of all cleared areas, streets end other vehicular
travetways only, and landscaping.
S. Roads, perking areas and landscaping shall be maintained as
constructed. ALL such improvements and facilities shall
further be maintained and operated in a safe manner.
4. Grading on the site shall be kept to a minimum. In Lieu of
planted landscaping, existing vegetation shall be maintained
between units.
5. That screening and landscaping requirements as in
Articles 7 and 12 be provided along the full length idof the
eastern property line and along the rear property line.
8. A final boundary survey of the Planned Development and
improvements shall be recorded by the developer.
7. The final site plan and narrative of the project, incorporating
all changes, deletions and additions through the final approval
of the project, are to be incorporated herein and made a part
of this Planned Development Special Use Permit. Copies of the
final site plan and narrative are to remain on file with the
Orange County Planning Department,
permits, upon application, will be issued after aapd valldand
recordation of the Special Use Permit . pProvl and
8. The development shall be built and operated according to the
site plan and written narrative supplied by the developer and
in compliance with the above conditions.
9. That suitable fencing be installed around the holding ponds to
prevent access by animals and children. (Planning Board added
8-18-85) .
AMMIIIIMms
AVICLE 8,8.23 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED UFVFLOpMFNTS
ArIILle 11.8.23 Indicates that the application shall comply with tiee applicable sections of Article ,
7 - I'lanucd Devclopueerrt
RRTICt_E j - SPECIFIC STANDARDS fOil EVAI.UAIION/PIWINCD DEVEL0111iENTS ("Yes" indicates ccHnsllance• "No" ]rrdlcates noncom Ilanc
Planning Boar CJ:l
Ordinance Requirements Findings Based on
-- Submitted Application Evidence Submitted To Santrort Findings BOCC FINDINGS
Article 7.4 indicates the applica-
tion must first comply wltlr all
requirements specified In Article
20 - Amendments. Those requirements
Inclu(je:
20.3.2 a) Map showing affected X Yes No Provided with application.
property at scale of not less Yes Yo
than W - 100' nor more than
i"
201.
20.3.2 b) i_ega# description of X Yes No Provided with application.
property -- Yes __..No
20.3.2 c) Explanation of alleged Yes NO
error, if any, to be corrected No error alleged. Yes No
by proposed amendment
Though DEM Is mandating the
20,3,2 d) Cleange(l conditions, It .fie$ No control of wash water and wastewater
any, wb i ch make amendment reasona- — from. the existing concrete plant, Yes No
ably necessary to promote public Motion for positive -the Issue of whether this constitutes a changing
health, safety and general welfare finding resulted In a condition Is unresolved. , Tire proposal
4-4 vote. substantially addresses potential pollution
20.3.2 e) Manner in which proposed ye$ No impacts on nearby 'streams and residential areas.
a�uencinrc+rfi will carry out purpose -"` Applicant is requesting a Land Use
Ye:s No
and iiItc rrt of aeiopted Ccunprcleansive
J'1all n Pla amendment to Commercial-Industrial Activity
Node. IF approved, this designation
provides for the district proposed.
ARTICLES 8,6 AND i3.6 - APPLICATION COMPONENTS (Contiijue.l)
Planning Board
Ordinance Ile c}j+i renients Findings Based on
—— _Submitted Application Evidence Submitted to Suj ort Findln s
MCC FINDINGS
ti. L.oeation of all existing or pro-
posed structures orr the site X Yes No No structures are proposed. Detention
basins are shown on site plan. Yes Ito
�. Location of all areas on the site }( Yes No
Subject to flood hazard or inunda_ There are no flood prone areas on
t ion as shown oij flood naps or
the site according to the FEMA-FIA Yes No
soil maps maps and soils maps.
6. Location of all water courses XYes No
all the site, Including the No water courses present on site.
dir'ectiou of flow —Yes No
7- Existing topography at a contour' XYes No
InLervat of five (5) feet based Shown on site plan.
Of) mean sea level datum Yes No
B. Proposed or existing fencing. XYes No
streaking, gates, parking. Shown on site plan.
Yes No
service arid storage areas •
9. Access to site Including sight �Yes No
distances on all roads used for ` -'— Shown on site plan. —Yes es No
10. Etevatlons of all structures
Proposed to be used Irj the X Yes No No structures are proposed,
development , YeS No
II. Names acid addresses of owlrers 0
and applicaais XYes No Submitted with application. Cn
Yes No
O
12, A fee, as set ijy the Board of
County Conu nissioners x YeS No $150.00 application fee paid. Yes Nu ,..
ARTICLE 7 - SI-ECIT•IC STANDARDS FOR EVAI.UATIONll'LANNFI) DMI-0111ENTS (Corktinued)
Flaming Board '
Ordinance Requirements in ing Basea un �
Submitted Application Evidence Submitted To. Support 6indinps DOCC FINDINGS CJt
Article 7A Liken indicates Lire
appiicaLlon must canrpiy with
certain specific requirements
common to all Planned Develop-
men is. llkesc Include;
7.4.1 so located witii respect to X Yes No
1114 Proposed use has direct access
,jar streets and mass transit
facilities and designed so as not to Old NC 10 (SR 17 10) a road Yes No
to create traffic on nkinor streets classified as a collector in the
In residential districts Land Use Plan. Use will not create
adverse traffic impacts on minor
residential streets.
7.11.2 so located with respect to X Yes No Proposed use will not require
water, so-wer, and storm drainage Yes No
facilities that enlargement or system use or expansion.
extension will riot result In
higher net public cost or earlier
incurslon of public cost
and
So located with respect to X Yes No Proposed use will not require
poilce.fire and rescue services, -' Yes No
and SchnnlS and parks'so as to services.
have access in lire same manner
as permitted rrncler tine existing
zoning
7•4.3 Site suitable for develop- X Yes No No critical development areas
meat without hazard from (landing, Yes No
erosion, and soil subsidence or are present on site.
slippin<i
Att'IiC1.E 11.2.11 Si'ECIFif. STANi)Altt)S/AI.L SPECIAL USES ("Ycs:' lndicates ccsrlianccl "Noll lndl.c;t,les 1101 ci,rrrrli�rnce:)
Planning Board
Ordinance Ite sus rer �s Findings Based on
Submitted Application , Lvldence Suharltted to Support findings I3OCC FINDINGS
Article 8.2.11 requires the app II call t
to address the following;
a) Method and adequacy of provision
for sewage disposal facilities. Yes No Not applicable.
Yes No
snl Id waste and water -service
b) .t'letleod and adequacy of police,
fire and rescue squad protec-
t lot)
Yes No
C) Method and adequacy of vehicle X Yes No
access to Lire site and.traffic Access to site is proposed via..
con:Iit'irn►s around tile silo
Old NC 10 (SR 1710). Three driveways -- Yes .._No
presently serve the site. The applicant
is proposing to conatroct,a• fourth
driveway referenced as Drive D and close
an existing driveway referenced as Drive C O
to provide a safer entranceway.to the site. Cl4
NCDOT has commented that the driveways as
proposed, is adequate and meets sight distance
requirements:
nilCl.E j - SPl:C STANDARDS FOR [VALUAfNnt.nNNEU b[V .)P1EN3S (Goutuuc
Fin I-aloing B°rd on
Ordinance Reduiren►ents Sutzmited Application Evidence Subnfitteel to Suui)orl Fiueti.uts 110CC FINDINGS
Article 1l.2 identifies the - Cn
criteria which will normally Cad
be (lsrd to dejer"Illm the
cation of•a tuning disirlct
designation. '1110 applicant
has applied for a PA-1-3
caes(gnat io,f,
Tl�e criteria• far that district
are set forth fn Article
and are as follows:
a) Site is located outside the Yes No Applicant is re
Chapel Hill questing a Land
.loins Planning -' —" questing
Area and within an area designated Use Plan amendment to Commercial- Yes No '
Industrial Transition Activity Node. industrial Transition Activity
Node.
b) Water and sewer mains exist or Yes No
will be made available as "` -- Not applicable to proposed use. `Yes No
part of the development process. `
C) Access consists of direct X yes No Site has direct access to Old NC 10
vehicular access to arterial "' (SR 1710), a road classified as a Yes No
or collector. collector in the Land Use Plan,
d) Yes Yo
Yes no
Yes No
—Yes No
ARTICLE ESTABLISIll iEItT•or•PEgMI•r•rEl3 USE •FABLE AND SCHOULC ("YeO indicates com)liance• "No" Indlcetes ncarc n0,
t-- of 1ant,
Having Board
I ing Based on
Ordinance Requlremenis Submitted -Application
Evidence Submitted to support rindhiod, 8OCC FINDINGS
Article 11.3 Permitted Use Table
Use Is a Permitted use
or requires the Issuance
of a special use penult
to locate In the PD-I-3 Yes No Applicant is requesting amendment
district, to the Land Use Plan for designation
of the property as Commercial-Industrial
Transition Activity Node. This designation,
if approved, allows the full range of
connnercial-industrial districts, upon rezoning.
Q
AI1Tf1.._ 7 - SPECIFIC STANOARRS FQR E11Al11AT10N/PLANNED DEVELOPMENTS (Continued)
C7
ppia rain Board En
ORDINANCE REQUIREMENTS lincing� Based on cm
Submitted Application EVIDENCE SUBMITTED TO SUPPORT FINDINGS DOCC FINDINGS
Article 7. 17 sets Forth develop-
ment standards wi th which an
applicant must comply as fol lows c
a) PD-I districts must be X Yes No Proposal satisfies provisions
established in accordance with Yes No
the provisions of Article 7 and intent of district.
7.4 - 7.9 and with the intent of
the district as expressed in
7. 17. 1.
b) Minimum net land area for the Yes X Np Proposal includes 1.41 acres of
use Is 2 acres; the min 1 n►unr r Yes No
frontage re(itri�enrent is 2000 land fronting on a road classified '—
on an arterial street. as a collector. (RECOMMENDATION OF
SECTION 7.3)
c) PD-1 districts must be r Yes X No Applicant meets the requirements of des No
established in accordance_
with Articles 11,5;6,9,10 these districts with the exception'of
and 12. the lot size, landscaping and screening
requirements. (RECOMMENDED APPLICATION OF
d) electrical/telephone service Yes No SECTION 7.3 AND CONDITION #5)
lines are underground; "— Not applicable. Yes No
e')
site lto planip nlrlg •standards must comply with X Yes
s No Applicant's submittal complies Yes No
specified For PD-I districts with specified standards.
7. 15- 10
ART 1 Cl_ 7 SPECIFIC STl1NIlg1;D S FQIt EVALUATION/PLANNED DEVELOPMENTS (Con l'I hued)
laar)inns lea rd
ORDINANCE REQUIREMENTS
u mil ed Abp is tinnUIDENCE SUDMi']'TED TO SUPPORT FINOtmhe ,
BQCC FINDINGS
Section 7.15.10 provides that the
application muss comply with the
following site -planning standards:
4) External Relationships
I. Uses and structures are XYes —No
oriented away from minor Proposed use is oriented away from Yes No
residential streets and minor residential streets and separated
residential neighborhoods. from residential neighborhoods by
street and railroad rights-of-way.
2. Vehicular access points are X Yes
designated to encourage snboth NO Applicant proposes to 'open a driveway Yes No
traffic flow and controlled in exchange for closing an existing
turning movements. Merging, driveway to reduce traffic conflicts
. turn-out lanes, traffic dividers at the site.
NCUOT has indicated approval of this
etc. shall be required where
needed and may be Included In proposal.
Elie -required yard setbacics,
except landscaped portions.
Pedestrian access Is, where
practical, separated from
vshlcular access. points._
3. External yard of 35' must be X Yes No
provided along perimeter, except Applicant provides for 35' yard setback
where they adjoin other comm./ along front, rear and eastern property Yes No
Ind. distrlcts; and landscaped lines.
as follows:
a. Along collector or arterial X Yes No Applicant provides for a 18' landscaped
nearest or frontage streets the
nearesE 15' to the ROW shall be strip along the frontage of the property Yes No.
landscaped; where a turn-out or as shown- on the site plan.
oaerging lane Is provided, the land-
scaped area shalt be 10'. Tlae
remainder {stay be used for off-street
partcIng.
Cn
MIN
Altl 1" 7� SPECIFIC STANDARDS FOR EVALUATION/PLANNED D !'lIC . t i nuect}
Findings ing Board
ORDINANCE REQUIREMENTS Findings Based on
Submitted Application EVIDENCE SUDNITTED TO SUPPORT FINDINGS
_ aOcc FINDINGS.
!i• Along side property lines X Yes No Applicant
adjoining a residential "" -- pp proposes 18 ' landscaped strip strict and not separated Yes No 0
di along eastern property line for distance ---
district
intervening street, of 46 feet to the rear of the CAl
proposed drainage basins. Standard requires
[!u` nearest 15' to the property a landscaped strip 40' in Length.
line shall be landscaped for
a distance equal to Lhe minimum
front yard depth of the adjoin-
ing residential district.
c. Where a residential dis- Yes No Not applicable.
trict faces this district. Yes No
across a minor street,
the 10' nearest to the ROW
within the district- shall be
landscaped and no off-street
.pari<Ing permitted.
d. The nearest 10' of all other X Yes No Applicant indicates existing vegetated
yards, not adjacent to a ` strip along the rear of the property. The Ye$ No
conmercial or Industrial rear property line serves as the centerline
district, shall be landscaped for a 200' railroad right-of-way.
to reasonably conceal parking,
service areas and undesireable
views. Fences, wails, hedges,
etc• may be required to protect
against adverse impacts of .noise,
lights or undesireable views.
b� Internal Relationships '
I. Plan provides for a unified, X Yes No Plan, as proposed, satisfies this
well organized arrangement of '— ` standard. Yes No
buildings and.use areas,
AI111CLE 5 - VIIIENSIONAL REQUIREMENTS indicatra compliance; '•Dlo•1 Indicates noncompliance)
Planning Board
ordinance (tet 1111,0111 nls Find:nps Based on
Submitted Application Evidence Sul)mltLet. To Su )ort Findints
__. POCC FIN Di NG$
Article 5 lists standards
for minln111m lot size, lot
wadill, front, side and rear
setbacks, Maxin►un) building
1109111 anti lot coverage-,
and develOpme»t intensity..' "
The app l i cant• I)as applied
for a PD-1-3
designal iia�1.The s tan ards ,
for that district are set
forth In Article 5. 1. 2
and are as toil(iws:
a) Minhnuln lot area x Yes No Applicant
per use 20,000 sq.tt. of l.41 acrespores minimum lot area Yes No
61,409.60 square feet:--
lr) liinln11m1 lot width
0 - xYes No No setback requirement specified for this
_ sq. ft, I'll-district. _'ye's ho
C) Require*,] front setback - Yes No
0 ft' No setback requirement specified for this Yes No
PD-district.
ti} Required side and rear xYes No No setback requirement specified for this
setbacks - 0 ft. "'— PD-district. —Yes No
c} flaxia11rn1 building helgilt - Yes No Not applicable. No structures are
45 Yes No
proposed.
Unlip 1 i ance with lot coverage
and development Intensity
standards Is addressed In
Article 6,
Q
01
. OD
AftIICLE 6 - Af'Pt.iCAFIt)N OF DIMENSIONAL i1l"QUIItE't1{N1S ittdlcates C01110lance, "No" Indicates noncompliance)
PIanninp Board
Urdinance Requirements Findingif Based on
— SubmiCted Application Evldertce Subm(tlecl u ort F i
To S slndnc�s BOCC FINDINGS C
Article 6 lists specific "Flail'
standar(Is which apply to CJ
various types of development•
applications.
Article 6. 12 contains those
development Intensity
standards which apply to
group de:velopmertts controlled
by cite Land Ilse fniensft•y
(Lill) system.
a) Minlmmit gross laud
area - 623, 144 sq. ft. --Yes X No (RECOMMENDED APPLICATION OF SECTION 7.3) Yes No
b) Maximum gross land
area - _ sq. ft. Yes No No maximum specified for district.
Yes No
c)
Maximum fluor area ratio - Yes No Not applicable. No structures are
--.454 proposed. ,Yes No
fiaximum floor area
permitted -
------- ._ sq. f t•.
d) Rt:qu(red mi n Imunt open X Yes No
.
space ratio - .72 Applicant proposes 61,409.60 square feet of Yes Nei
— open space. -^-Required ---
mJ111rntrm open
space - 44,214.91sq. ft.
e) Required rnlnluutm pecfeslrlauf �
landscape ratio - .25 X Yes --_Nu Applicant proposes pedestrian/landscape area in Yes �NO
Required rninimu,u pcdrstriao excess of .cite tninimunt required.
landscapn! area - 15,352.41 square feet
A1111CLE 6 - APPLICAIION Of DIMENSIONAL REa3UIftf.MkNi.S (ConLliiued)
Plaririing Board
Orclirncc Ae-uircutt:r�ts leindings based oil
Submit ted Appl ica t iot yiderice SubililLuntf Yo 5uppart f ircdlnc�s Bt)CC FINDINGS
Article 6.24 contains Lhuse
aLandards applical)le in the
M1C-Major Iransportation
Corridor district. thciue
standards include the
following:
a) Minimum of 25" of total _Yes Net
luL urea skull remaln Yea No
uru:avered.
b) 1110-1'uoL buffer —Yea No
rtxluired adjuceiii. to Not applicable.
uttye of 111LcreLaLe you No
highway right.-of-way.
1tnpL in sutural sLaLe
or landscrll)ud in
riccar(1a+ice w i Lh approved
1 anduculrt; plan.
c) frontv rear, and `
Yea Na
silo yard scUmctts -•-- Not applicable.
required au f'ollowst Yee No
1. 1111) feel adjr►cc:icL
t:n interaL•ate right-
or-way.
2. 50 foot adjacent
to other property
lines.
' o
ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS {C4NTIN1irni `
Planning Board
Findings Based n,►
ORDINANCE REQUIREMENTS Submitted A j)lication EVIDENCE SUU14ITTED TO SUPPORT FINDINGS DOCC FINDINGS
3
Article 6,24 Standards
(continued)
d) OFF-street parking and - X Yes No Applicant satisfies requirements.
loading shall conform Yes No
with the requirements
of Article 10.
e) Signage shall conform Yes No No applicable. No si na e
with the requirements of `— g B proposed. Yes No
Article g.
f) Landscaping shall conform Yes X No Applicant meets all -landscaping
Witt) the requirements of with exception of Class A Screen Yes No
Article 10. along rear and side property lines.
ARTICLE 9 - SIGNS ("Yes" indicates coi111,liauce:"No" indicates noncompliance)
Planning, Board
ORDINANCE REQUIREMENTS , Findings Based on
Submitted AnnlicatiofiViDENCE SUBMITTED TO SUPPORT FINDINGS 80CC FINDINGS
a. Signage Is erected out- Yes No
side of sight preserva- Nat applicable. No signage proposed. Yes No
Lion triangles, ROWS, - "'
and district setbacks.
b. sign area does not Yes No Not applicable. No 'si na e
exceed 72 square feet 13 g Proposed. Yes No
C. signage Is limited to Yes No Not applicalle. No signage
two single or double- Proposed. Yes No
faced signs --
d. signage does not exceed Yes No
twelve (12) feet in -- Not applicable, No signage proposed. Yes No
Ile 1gilt -- --
e, signage meets setback Yes No
requirements of feet Not applicable. No signage proposed. Yes No
from ROW _feet from —'-
side/rear property lines;
feet from adjacent
residential district.
ARTI.__' 10 OFF-STREET PARKING AND LOADING {"Yes" Indicates comuliance;_!'No" indicates noncom Iloace} r
1'�1'anning Board .
Findings based on
ORDINANCE REQUIREMENTS Sdbmitted A lication EVIDENCE SUBMITTED'TO SUI'Pt1RT FINDINGS -BOCC FINDINGS CM
Off street parking
shall conforn} with the
requirements of Article
1. Tlie off-street parking Yes No i
standard for the APpliaant is proposing 10 Yes No
proposed use Is as 12 x 30 parking spaces, —
follows: I.
Parking standard Is not applicable as no '
structure Is proposed on this parcel.
1 Apace per employee on
shift of meximum employment.
(Alternative standard: I space per
each 2 employees + I space per
App I I cajcllbnC%1jpjj% veh l c i e)
standard results In a
requ i reoll n l of
{See comment spaces, ;
2. Tile off-street loading Yes No
standard for the pro- ---- Mot applicable. Yes No
posed use is as follows; "
i
Application of the !
standard results in a
requirement of
spaces.
1
f
11111111 Jill
AltTl(.LL 12 I.ANDSGAPiNC AND SCItECNtfIG
("Ye&, Indicates coni►Ilance• "Phil, Iridical'es nnncorn�
---------i----, l 1 arise j
Planning Board
Findings !Based on
Ordinance ltecterlrenrents Submitted Application Evidence Submitted
to Su„ort Fludin s DOCC FINDINGS
Nua elevca"i,"w+rt strai I conlur'ur .
With the rorlul rcrrreuts of
Article 12 - t-ardscaping
and Screening.
]hcse standards are as
fOI leas;
I. Street frenrtaue land-
scaplu� "rust Include X Yes _ No Applicant provides an 18 Foot landscaped
a 10-foot landscape:rl strip along the frontage of OLD NC 10 which Yes _
afea it I an Teel w tlr Otte satisfies the standard.
tree pur 40 feet, a
hedge or other durable }
an scape material at
least 3 ('Let In height
and grass or ground
cave r.
2. peripheral ta,dscapin(I X Yes
"rust lacie,cle a 10-1•oat No Applicant pt provides an 18 foot landscaped Yes Yo
landscaping are#' planted strip along the eastern property line Which i
wl Ill one tree: per GO feet*, satisfies this standard.
it hedge or Other durable
landscape material at
lutist 3 feet In height,
and grass or Oruund cover.
3. Interior landscaping 1"115! X Yes Nu
pruvidL coverage of at -- Applicant provides for additional 8 Feet
least 5% of any of landscaping adjoining Che proposed Yes No �
vuhicular use areir, parking area. i
rH
ARTICLE 12 LANDSCAPING AND SCRFENING (COnrinue:d)
Planning Board CJ1
Ordinance Requirements findings Based an
Submitted a ]ie ion Evidence Submitted to SuPport Findings BOCC FiNOi NGS
141) more th art 10 Yes No
I►arkin� spaces Not applicable.
ailuwud la a cut,- Yes No
tiu1x,t,s row wi tilout
division by land-:
Seance nwdlan strip.
E vc:rY fuuri h raw of Yes No
parking separated by Not applicable. Yes
8-tucjt icwdl:4ii w1 ill at
lease une tree for
each 6U-fcuL Of mudiatl
iuuyth,
tI• Fype _A_screen Is Yes X HU
ruclulruat• Standards Applicant satisfies screening requirement '
fur• that tyke i nta rule
along front and two-thirds of the eastern Yys —NO
the property line extending to rear of proposed
drainage basins. Screening is not proposed
A screen opaque from the ground to within lower third of eastern side and rear j
a height of (b) feet, with inter- property lines located within the 200' railroad
mittent visual obstructions to a right-of-way. (SEE CONDITION OF APPROVAL 15)
height of (20) feet. May be composed
Of wall, fence, berm, existing or
Planted vegetation. Intended to exclude
visual contact and create impression
Of spatial separation,
{
066
ORANGE COM,'
BOARD OP CCMMISSIONERS Action Agenda
ACTIONAGENIA rim ABSTRACT Item Ii). R4/
Meeting Date: OCTOBER 15, 1985
SUBJSZT: REVIEW COUNTY BOUWARY BETWEEN ORANGE AhD CHATHAM AS PROPOSED ON
ORTHOPHOTO EASE MAPS
DEPARTMENT: CENTRAL LAND RECORDS PUBLIC HEARING: Yes X No
ATENCHKENTCS): INNWATIONCONFACT: ROSCOE REEVE
X547
•
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
______
PURPOSE: To consider the results of staff work thus far in determining
more precisely where the line should lie.
NERD: Both Orange and Chatham counties have lacked an accurate and.
consistent record of the boundary between the two counties due
to the lack of physical land marks and an undeterminate corner
point for Orange and Chatham in the Haw River. With increasing
development in the border area, and efforts by both counties to
improve their property records for tax and developaent approval
purposes, it is perceived that an agreed boundary should be
proposed, approved, and recorded for the benefit of both
counties.
Legislation approved in the 1985 General Assembly allows the two
counties to seek agreement on a proposed boundary and record
that description in both offices of the Register of Deeds.
Mapping will be displayed at the meeting Tuesdayndght. The
process followed to arrive at location consisted of:
1. Photographs and reference markers were compiled in the
Spring by the Robert Kimball Company.
2. Three lines are superimposed:
a. A. blue line references panels placed at DOT road signs
on the ground as a guide for tax map overlays. It,
however, was an inadequate guide for reference since the
DOT signs were not consistent.
b. A red line provides an angle utilizing only Orange
County's tax maps.
C. The green line recognizes known landmarks, some tax map
information and DOT signage at Star Point.
While both County staffs have conferred, review by each board is
necessary to proceed further. If there is agreement by each
0U7
board on the green line as being the most accurate location for
establishing the boundary a legal description will be drawn,
recorded and fixed on the ground by permanent markers.
IMPACT: When approved by Orange and Chatham and recorded a property on
the border that has a majority of its land located in Orange
County will be taxed by Orange County. The project to determine
the border has incurred a cost of $6,240 authorized by the Board
of Commissioners last fiscal year, payable to L. Robert Kimball
& Associates.
RECCV241MATION:
Approve the, green line on October 15, 1985 if report from
Chatham October 14 is favorable to the green line. Ole Chatham
Board will not meet to take official action until. October 21,
1985.)
. .
:OraT6e County Land Records System Page 1
AGREEMENT
THIS AGREEMENT, made this _414-L day of February ,
1986 by and between Orange County, North Carolina,
hereinafter referred to as the "COUNTY, " and L Robert
Kimball and Associates, whose principal office is at 615
West Highland Avrnue, Ebensburg, Pennsylvania 15931,
hereinafter referred to as the "CONTRACTOR, "
WITNESSETH THAT:
WHEREAS, the COUNTY desires to engage the CONTRACTOR
to render certain professional services and deliver
certain materials hereinafter described; and
WHEREAS, the CONTRACTOR represents that it is
qualified, willing and able to provide the professional
services and deliver the requested materials to the COUNTY
according to the COUNTY'S specifications and the terms of
this Agreement; it is therefore agreed and understood
that:
1 SCOPE OF AGREEMENT.
Based upon the COUNTY'S original "Request for
Contract Proposal of Professional Services, " dated
November 21, 1984 and amended by ADDENDUM 1 on December 5,
1984, and the CONTRACTOR'S responding "Proposal No. 2" Of
December 18, 1984 and "Proposal No. 1" Of January 14,
from ROSCOE E REEVE 15: 03: 29 22 NOV 1985
. -
.-Orarige County Land! Records System Page 2
•
1985, as modified, it is the intention of both parties
that this Agreement cover a mapping project involving:
1) aerial photography and ground control preparation,
with specified analytical triangulation,
2) finished orthophoto base maps,
3) topographic maps of a certain area of Chapel Hill
Township as defined in ADDENDUM 1,
4) additional vertical control of the northern
remainder of Chapel Hill Township and continuing
up to l-85,
5) and, digitrl property maps, with layers defined and
identified in Appendix 2,
as described in th. attached "County Contract Map"(s), and
• I
in other provisions herein. All materials and products
prepared or developed under this contract shall be
delivered to the COUNTY and shall be considered COUNTY
property. The agreed upon total price to be paid
CONTRACTOR for thr entire project is Six Hundred Twenty
Six thousand Six Hundred Seventy Eight Dollars and Eighty
Five Cents ($626, E78. 85). However, due to considerations
of funding approval by the COUNTY, the project will be
divided into fivl Phases, one to be effectuated
immediately and four to be executed by written approval of
the COUNTY, as Follows:
from ROSCOE E REEVE 15: 03: 30 22 NOV 1.985
• .Orange County Land; Records System Page 3
1. 1 Phase One (1984-1985) :
This Phase of the contract work will include:
A. Aerial Photography, including pre—paneling, at
1"= 2000' land 1"=1.000' and 1"=500' of Chapel
• Hill Township, "Area A" ($7, 880);
B. Ground Control Horizontal ($3, 636) and Vertical
($11, 665) Of Chapel Hill Township, "Area A",
including that area to be 1"=200' up to 1-85;
C. Analytical! aerial triangulation for 111=2000'
aerial photography ($4, 883. 35);
and will be done by CONTRACTOR for a total cost of
$28, 064. 35, with the cost of CONTRACTOR 'S performance bond
deferred to Phas Two. All materials and associated
products, as required in COUNTY'S "Request for Proposal",
offered in CONTRACTOR "Proposal", or required by State
Specifications, prrpared under Phase 1 of this contract
will be complete and delivered to the COUNTY no later
than July 1, 1985.
1. 2 Phase Two (1985-1986):
This Phase of the contract work will include:
A. Analyticallaerial triangulation for
1"= 1000' and 1"= 500' aerial
photography ($24, 560) of Chapel Hill
Township, "Area A".
B. Production of Orthophoto Base Maps •
far Chapel Hill Township, "Area A",
being 290 oheets for $204. 85 per
ortho ($59i408) plus portion of bond
($4, 779) for Phase Two and Phase One, at
the following scales:
SCALE NO. OF MAPS
from ROSCOE E REEVE 15: 03: 30 22 NOV 1985
•
• ' Orange County Land Records System Page 4
1"= 100' 202(
1"= 200' 54
10= 400' 31 . ...
"--,
C. Production of Topographic Flaps of
1"= 100' area of Chapel Hill Town-
ship, "Arab A", at 2' contour intervals,
being 203 'sheets for $448. 99 per
tope map ($91, 145).
And will be don by CONTRACTOR for a total cost of
$179,892, with the cost of CONTRACTOR 'S performance bond
for this Phase and Phase 1 included. All materials and
associated . products, as required in COUNTY'S "Request for
Proposal", offered in CONTRACTOR "Proposal", or required
by State Specifications, prepared under Phase 2 of this
contract will, be completed and delivered to the COUNTY no
later than the following schedule, and as indicated on the
Contract Map:
Priority
Date Number of Ortho 's Area Number of Topa Maps
----
4/1/86 . 96 1 67
1
6/1/86 97 2 68
9/1/86 97 3 68
. .
1. 3 Phase Three (19 6-1987) :
This Phase of the contract work will include:
A. Aerial photography at 1"= 2000' and
1"= 1000' and 1"= 500' of all other COUNTY
townships Od remainder of Chapel Hill
township, 'including pre—paneling ($12, 878);
B. Ground Control Horizontal ($7, 727) of
all other 'COUNTY townships and remainder of
from ROSCOE E REEVE 15: 03: 31 22 NOV 1985
I
. .-Orange County Land Records System Page 5
Chapel Hill township;
C. Analytical aerial triangulation for
1"= 2000', 1"= 1000', and 1"= 500'
aerial phoitography ($27, 618) for all other
COUNTY townships and remainder of
Chapel Hi* township;
D. Production of Orthophoto Base Maps for all
. other COUNTY townships and remainder of
Chapel Hill township, being 295 sheets
Par $226. 910 per ortho ($65, 408)
plus portion of bond ($1527. 39) for Phase 3
at the following scales:
SCALE NO. OF MAPS
1"= 100' 131
in= 200' 63
i"= 400' 101
and will be done by CONTRACTOR for a total cost of
$115, 158. 39, with the cost of CONTRACTOR'S performance
bond for this phase for this phase included. All
materials and associated products, as required in COUNTY'S
"RequestforPropol Sal", offered in CONTRACTOR "Proposal",
or required by Stte Specifications, prepared under Phase
3 of this contract will be completed and delivered to the
COUNTY no later than the following schedule, and as
indicated on the Contract Map.
Date Number of Ortho 's Priority Area
4/1/87 74 4
6/1/87 74 5
8/1/87 74 6
10/1/87 73 7
from ROSCOE E REEVE 15: 03: 31 22 NOV 1985
, •
. -Orange County Land Records System Page 6
1. 4 Phase Four (1987-1988):
This Phase of the contract work will include:
A. Deed Research and parcel plotting by
COUNTY to 'include providing to
CONTRACTOR
1. Computer tape of parcel file,
2. Copy of current tax maps and
indexes,
3. Copies of newly recorded plats,
4. Copies of transfers,
5. Update record of recorded deeds,
6. Right—of—way maps,
7. Privatj surveys and plats,
8. Requesed field investigations;
B. Digital cadastral maps for Chapel
Hill TownShip with indexes, being
261 sheets containing 15, 000 parcels
• for $9. 68 ($143, 179) per parcel ($145, 183. 50)
plus portion of bond ($2, 004. 50) for Phase
4, at the following stales:
SCALE NO. OF MAPS
1"= 100' 207
1"= 200' 54
(may need to be adjusted for small
part of Chapel Hill Township out-
side of "Area A" ),
with a price agreement of $9. 00 per
parcel foil- any discovered above
15, 000;
C. Digital m4 computer tape per
specificaions, and ADDENDUM 1,
with layers defined and described
in Appendix 2;
and will be done by CONTRACTOR for a total cost of
from ROSCOE E REEkJE 15: 03: 31 22 NOV 1985
-Orarige County Land Records System Page 7
$145, 183. 50, with the cost of CONTRACTOR'S performance
bond for this phase paid in Phase 2. All materials and
associated product , as required in COUNTY'S "Request for
Proposal", offered in CONTRACTOR "Proposal", or required
by State Specifications, prepared under Phase 4 of this
contract will be completed and delivered to the COUNTY no
later than the following schedule, and as indicated on the
Contract Map:
Date Number of Parcels Priority Area
1/1/88 5000 A
4/1/88 5000
7/1/88 5000
1. 5 Phase Five (1988-1989):
This Phase of the contract work will include:
A. Continuing deed research by COUNTY to
provide CONTRACTOR with parcel plottings
of the rest of the County and other
needed parcel data for digital mapping.
B. Digital cadastral maps for all other Townships
with inde4s, being 295 sheets containing
16, 000 parcels for $9. 77 per parcel ($156, 280)
plus portion of bond ($2, 100. 61 ) for Phase 5,
at the following scales:
SCALE NO, OF MAPS
1"= 100' 131
1"= 200' 63
1"= 400' 101
with a price agreement of $9. 00 per parcel
for any dilcovered above 16, 000;
from ROSCOE E REEVE 15: 03: 32 22.NOV 1985
I • .
i
' -Orange County Land Records System Page 2
C. Digital map computer tape per
specifica ions, and ADDENDUM 1,
with layers defined and described
in Appendix 2;
and will be done by CONTRACTOR for a total cost of
$158, 380. 61, with the cost of CONTRACTOR'S performance
bond for this phase included. All materials and
associated products, as required in COUNTY'S "Request for
Proposal", offered in CONTRACTOR "Proposal", or required
by State Specifications, prepared under Phase 5 of this
contract will be completed and delivered to the COUNTY no
later than the following schedule, and as indicated on the
Contract Map.
Date Number of Parcels Priority Area
----
10/1/88 4000 D
1/1/89 4000 E
4/1/89 4000 P
7/1/89 4000 0
In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by
any means whatsoever in any fiscal period for payments due
under this Agreement, then the COUNTY will immediately
notify CONTRACTOR of such occurrence and this Agreement
shall terminate on the last day of the fiscal period for
which appropriatiors were received and payments under this
Agreement were made. Such termination shall be without
penalty or expense to COUNTY of any kind whatsoever except
as to the portions of payments under this Agreement herein
from ROSCOE E REEVE 15: 03: 32 22 NOV 1985
• -Orange County Land Records System Page 9
agreed upon for lahich funds have been appropriated and
budgeted or are otLerwise available.
2 COMMENCEMENT AND PROSECUTION OF WORK.
Work done by CONTRACTOR will commence immediately upon
execution of this lAgreement, and will be completed in full
and with all "DeliVerable Items" accepted by the COUNTY no
later than July I., 1989. It is expected that both parties
will carry out their respective responsibilities as
diligently and expeditiously as possible. However, in the
event that unforeseen circumstances arise that may delay
the timely completion of any part of the project, the
following provisions will apply:
A. If the COUNTY fails to supply the CONTRACTOR when
requested with pertinent and necessary information or
materials essential for the progress or completion of any
part of the projeclt, then CONTRACTOR shall be permitted to
effect a temporary suspension of work, and whatever time
is lost as a result of the •COUNTY's delay in supplying
said information or materials will become an automatic
extension of the completion date.
B. Delays on the part of the CONTRACTOR, not
specifically excused by force majeure, as defined below,
may be excused and become an extension of the applicable
completion date, if:
1. The CONTRACTOR has submitted in writing and in
advance of the applicable completion date, a request that
from ROSCOE E REEVE 15: 03: 33 22 NOV 1985
- -Orarige County Lentil Records System Page 10
1
certain delays of work be excused by the COUNTY, stating
herein explicit relasons which would justify such delays.
2. The COUNTY responds in writing, granting to the
CONTRACTOR approv 1 for an extension in the applicable
completion date f r a specified time limit based upon
CONTRACTOR 'S request. Such approvals for extensions of
time for compleition dates will not be unreasonably
withheld by the COUNTY.
C. Force Majeure: The CONTRACTOR shall have the
1
right to a reasonable delay in meeting the applicable
completion date due to factors beyond its control,
including but not imited to:
1. Inclement weather during the flying portion of
the project work.
2. Fire, flood, or other acts of God.
3. Acts of government agencies, not precipitated
by CONTRACTOR'S conduct, which hinder or
prevent CONTRACTOR'S prosecution of the project
work.
4. Other general emergency conditions.
D. Delays not specifically excused by force majeure
-or in writing by the COUNTY will be grounds for reduced or
non—payment of monies for work performed, for termination
of the Agreement, and/or enforcement of the Agreement's
liquidated damages clause, as stated herein, by the
COUNTY.
from ROSCOE E REEVE 15: 03: 33 22 NOV 1985
-Orarige County Land Records System Page 1i
I
3 CONFORMATION TO STATE SPECIFICATIONS.
I
All work by the CONTRACTOR covered by this Agreement
shall be in strict conformance with the State of North
Carolina 's Department of Administration "Technical
Specifications forIBase and Cadastral Maps, " dated March,
1983, a copy of which has been given the CONTRACTOR and
receipt of which is hereby acknowledged by CONTRACTOR,
except as specifically modified below. Any modifications
I
to said Specifications or other terms of this Agreement
subsequent to the execution of this Agreement shall be
I
permitted only upr written request by the CONTRACTOR,
stating justification therefor, and written approval by
the COUNTY. The following subparagraphs are approved
modifications o or additions to the State
"Specifications":
A. All cadastral maps will be pin registered to .
the orthophoto base maps.
B. Orthophoto imagery will extend at least 2000
feet beyond the county boundary or to the
extent of the map sheet whichever is less.
C. The map sheet will reflect the total acreage
of each parcel. A computer printout will be
provided tat will reflect the parcel acreage
that lie within the COUNTY or city for those
•
parcels that are split by these boundaries.
D. All parcels that cross COUNTY boundaries will
be closed out whenever it is possible. In this
situation the acreage within the COUNTY as well
as the total acreage will be computed and the
acreage indicated on the map will be the total
acreage. le data base as described in paragraph
10. 08 c ofithe Specifications will include the
acreage that lies within the County 's boundary
lines.
!
from ROSCOE E REEVE 15: 03: 33 22 NOV 1985
I
1
,
- -Orafige County Land Records System Page 12
E. ADDENDUM 1 will be the definition of the topographic
map produced.
F. The CONTRACTOR will plot the parcel identifier numbers
(PIN's) as they currently exist upon COUNTY'S Central
Land Records System, with the coordinates to be
provided by COUNTY.
G. Parcel splits and transfers will be current within 30
days of delivery of cadastral maps.
4 PAYMENTS TO CONTRACTOR.
A. Cash payments of the agreed upon total cost will
be made by the C UNTY to the CONTRACTOR based an the
satisfactory comp etion of the various Phases of the
project work accor ing to the described Phase break—out of
the total costs in Section 1 of this Agreement.
B. CONTRACTOR may secure payment for a percentage or
the full amount o monies allocated to a Phase of work
(see "A" above) byisubmitting to the COUNTY the following:
1. All deliverable items representing that percentage
or the full amount of work for which CONTRACTOR
is claiming payment.
I
2. A progressireport describing the work completed,
as well as how the percentage, if not the entire
project, was calculated.
3. A dated invoice showing the amount of the claimed
payment with a brief description of the work done
for each separate amount being claimed.
i
1
4. If claiming for performance bond costs, certified
proof thatIthe bond(s) has/have been issued by
an approved banding firm_
C. The COUNTY will make prompt payments to the
from ROSCOE E REEV 15: 03: 34 22 NOV 1995
- -
' ,Orange County Land Records System . Page 13
CONTRACTOR following receipt of the items described in
Section 4, A, above, subject to the following: .
1. Formal acceptance by the COUNTY -- as complete,
i
satisfactory and meeting all applicable specifi-
cations -- of all deliverable items required to
substantiate the claimed payment.
2. A retention of five percent (5%) of the
claimed portion of any phase, to be held .
in escrow by the COUNTY until the satis-
factory completion of the entire Phase.
D. The COUNTY shall pay within sixty (60) days all
payment claims submitted by the CONTRACTOR, meeting all of
the above requiremLnts, and not formally disputed by the
COUNTY. All payment claims not paid within sixty (60)
days or disputed by the COUNTY may be considered overdue
by the CONTRACTOR and shall bear a monthly charge of one
and one-quarter (1-1/4) percent on the unpaid amount until
paid. The COUNTY shall not use the disputation of one
claim as a reason for disputing or not paying in time any
other payment claiT.
5 WORK-IN-PROGRESS INSPECTIONS.
The CONTRACTOR shall cooperate fully with the COUNTY
or the COUNTY'S representatives in making possible
work-in-progress irlispections as frequently as desired by
the COUNTY. It the event the COUNTY or its
1
representatives finds that project work is not being
performed in accordance with the applicable
specifications, t en the COUNTY shall promptly notify the
from ROSCOE E REEVE 15: 03: 34 22 NOV 1985
- -...
'Orange County Land! Records System Page 14
CONTRACTOR in writing of the unacceptable work, and the
CONTRACTOR shall take immediate appropriate corrective
actions.
6 LIQUIDATED DAMAGES.
In the event the CONTRACTOR shall overrun the
completion date and such overrun not be excused by the
applicable provisions herein, the CONTRACTOR shall pay the
[
COUNTY liquidated damages in the amount of one hundred
dollars ($100) for each calendar day that CONTRACTOR is
late in meeting th completion date and said damages may
I
be deducted as a' set—off against any other payments due
CONTRACTOR by the COUNTY.
7 OTHER LEGAL RESPO SIBILITIES OF PARTIES.
A. The CONTR CTOR shall observe and comply with all
applicable federali state, and local laws, ordinances and
regulations during its performance under this Agreement.
1
B. The CONTRACTOR shall save harmless the COUNTY and
I '
its representatives from all suits, actions or claims of
any kind brought on account of ,arty injuries or damages
sustained by any person or property in consequence of any
act or omission by the CONTRACTOR or its employees or
agents, or from any claims or amounts due arising or
recovered under the state 's Workmen 's Compensation laws.
The CONTRACTOR will furnish evidence of Workmen's
from ROSCOE E REEVE 15: 03: 35 22 NOV 1985
=Orarige County Land Records System Page 15
Compensation and public liability insurance with all
policies being with' companies authorized to do business in
the State of North Carolina.
C. The COUNTY agrees to mitigate its damages, should
any damages arise in the course of this Agreement, to
every extent possible, and to take such reasonable
measures to prevent injury or damages within its
jurisdiction as a reasonable prudent individual or entity
would take.
• 8 WAIVER, MODIFICATI N AND SEVERABILITY CLAUSE.
No waiver, modification or cancellation of any term
or condition of this Agreement shall be effective unless
made in writing. Nor shall any waivers be deemed to
excuse the performance of any act other than those
specifically referred to in said written notice of waiver.
If any provision of this Agreement is held, by an
arbitration panel or court of law to be invalid or
unenforceable, all other provisions of this Agreement
shall nevertheless continue in full force and effect.
9 CONSTRUCTION.
This Agreemen7 shall be construed and interpreted in
accordance with the laws of the State of North Carolina.
IN WITNESS WHEREOF, the parties have caused this
instrument, consisting of 9 sections and two Appendices,
from ROSCOE E REEVE 15: 03:35 22 NOV 1985
Orarige County Land Records System Page 16
to be executed by themselves or their duly authorized
•officers of agents and their seals to be affixed hereunto
the day and year first written above;
from ROSCOE E REEVE 15:03:35 22 NOV 1985
1
Xtrarige County Land" Records System Page 17
ORANGE COUNTY, NORTH CAROLINA T KIMBALL AND ASSOCIATES
BY: (SEAL) BY: 411"--- (SEAL)
Chairman Senior Vice President
WITNESS:
Name
Mineral Point, PA 15942
Address
•
ATTEST:
.4e2
Clerk to t /e Board
- •:•
-•
NOTARY NOTARY =
:',•: MARY BETH YONAS, NOTARY LtC
' EBENSBURG BOBO.CAMBRIA CGJNTY
MY COMMISSION EXPIRES.F.!NZ 13.EV
Minnter.Pennsylvania Assectat.cn of ND!cries
from ROSCOE E REEVE 15: 03:36 22 NOV 1985
,
:Oradge County Land Records System Page ica
APPENDIX 2
DIGITAL MAP LAYERS
I. .
Layer 4 Descr "ption
1 Road and street right—of—ways
2 Property lines excluding right—of--ways
3 Interior lot lines (dashed)
4 Road street) front dimensions
5 Property line dimensions excluding road
I
(street) front dimensions
6 Map acreage
7 Parcel Identifier Number, including dot
with last 4 or 7 digits to be plotted
8 Private road or street
9 Private roads or street names with annotation
indicating that road has not been dedicated
to city or state (Private/ownership)
10 Road or street names (Lake Shore Drive or Main Street)
ii Road umbers (SR /007, NC 57, US 70, I-85)
12 Waterdsays
13 Waterway names
i4 as line easements (crass—country lines)
15 Gas line easements ownersip name and ease-
ment width
16 Power line easements (cross—country lines)
17 Power line easements ownership name and
from ROSCOE E REEVE 15: 03: 36 22 NOV 1985
,Oratge County Land Records System Page i9
easement width
18 Railroad right—of--way
19 Railr ad ownership name and right—of—way width
20 Subdivision limit lines (corners)
2i Subdivision index number (reference number)
22 Subdivision lot numbers (original lot number)
1
23 Subdivision name
24 Subdirision main PIN (4 digit number shown
inside ellipsis)
25 Leader line (used to arrow in dimensions, acreages,
PIN, letc where lot too small )
26 Tied—in property line corners (to NC State Plane
Cooriinates)
27 Parcel Hooks
28 Exempt property names
29 City limit lines and name
30 Fire district lines and name
31 Towns ip lines and name
32 Count boundary line (and name)
33 Grid ticks
34 North Carolina State Plane Coordinates
35 Block lines
36 Interior and exterior block numbers
(exterior block numbers below and
beside easting and northing grid
coordinates respectively)
37 Border data (County seal, County map/logo
title of map, legend, north arrow, bar
from ROSCOE E REEVE 15: 03: 36 22 NOV 1985
•
.Oraffge County Land Records System , Page 20
graph,- disclaimer note, contractor 's
namel and address, map revision chart,
bordOr lines, subdivision chart)
38 Map Niumber
39. ' Map Index (shown in border)
40 Subdi ision plat book and page
The map may inclue _other layers of data that may be
identified by the County or Contractor. and approved by
both parties.
•
from ROSCOE E REEVE 15: 03: 36 22 NOV 1985
tgA
L; ROBERT KIMBALL & ASSOCIATES
CONSULTING ENGINER & ARCHITECTS
ENS ...ENSI,VAMA 1E4V- 84,472-7'00
TELExNobm.6q(1-fmn
February 5, 1986
1
Orange County Com6issioners
106 East Margaret Lane
Hillsborough, NC 127278
Attn: Beverly A. Blythe
Re: Orange County, NC
Dear Ms. Blythe:
Enclosed is the signed copy of the agreement between L. Robert Kimball
and Associates and Orange County, NC.
Sincerely,
L. ROBERT KIMBALL & ASSOCIATES
//117
James L. Morgan
Senior Vice President
Surveying and Mapping
JLM/pjp
Enclosure
1
E1.10 ...V A A .
,; "LNNSYL VANEA -1 ••• ris7:,"— •
OFFICIAL COPY
1
MINUTES
ORAME COUNTY BOARD OF COMMISSIONERS
ti s. REARARMEMING
OCTOBER 15, 1985
fi The Orange County Board of Ccmni,ssioners met in regular session on
Tuesday, October 15, 1985, 7:30 p.m. in the courtroom of the old Post Office
in Chapel Hill, North Carolina.
CCaggalmaisma Chair Don Willhoit, and Codnmissioners Shirley
$: Marshall, Moses Carey, Ben Lloyd and Norman Walker.
AT ' "• Alonzo B. Coleman, Jr._ L County Manager Kenneth R.
Manager Albert Kittrell, Emergency Medical Services eecctor���L County
Clerk to the Board Beverly A. Blythe, �y Baker,
Y ytbe, P>aarming Director Marvin E. Collins, Tax
Supervisor Kermit M. Lloyd, Land Records Manager Roscoe E. Reeve, and Planner
Susan Smith.
A. BOAtM (NSIN1Rx',
None
B. Arnrrc
None
2. rnSTyT Bv
e Gn ]A
Ken Thompson requested to add to the agenda (1) the Efland sewer
bond advertisement, and (2) discussion on the public hearing date for the
Joint Planning area land use plan. He also requested the
G9 regarding the County boundary between Orange and Chathampostponement of item
G•
JUNUTPS
to Motion was made by Comaissioner Carey, seconded by Commissioner Marshall
approve th�/eUminutes for the July 1, 1985 meeting as corrected.
•
minutes Motion be expended on the minutes for the July 3, 1985 meeting. These
expanded as requested and presented Nov. 4 for further
consideration.
D. MoS.
Marshall
Motion was made by Commissioner Carey, seconded by Commissioner
appoint Lynn Bechard to this committee.
VOTE: t NIl►WS.
Q L M C CEME rnN
Motion was made by Chair Wilihoit, seconded by Commissioner
Marshall to appoint Ronald Wiegerink to this study conndssion.
VOTE: MIMEOS.
E. REPORT
BI, 'r F gF*R ENDED JUNE 30. 1985
The Audit Report for year ended June 30, 1985 was presented by Mr.
Charles Kralick, Manager of the Durham Office, Touche Ross &
Mitch Mumma, Auditor. Mumma indicated that the County is in good financial
position. He suggested a work session to discuss the report in detail.
Coamissioner Marshall asked about the management letter and Munana
indicated the Board would receive it within a week to ten days.
It was decided to add a work session on the Audit Report to the
agenda for the Board meeting scheduled November 4, 1985.
F_ I'PQ19$ FQR D CISION
The County Manager recommended the following action by the Board:
Approval of ten releases as follows:
(1) North Carolina National Bank, Acct. #34791, $175.67
(2) Sumnerfield Crossing
$53.15 owr�rs Assoc.,A #76134,
(3) Simuerfield Crossing Homeowners Assoc., Acct. #76137,
$15.09
(4) Sumoerfieid Crossing Hers Assoc., Acct, #76129,
$1,257.05
(5) Stimmerfield Crossing Hers Assoc., Acct. #76136,
$144.50
(6) Triplett, William L. Aca
Acct. #38685, $22.96
I
(7) A. Southern Season, nc., ct. #33860, $328.34
(8) Associated Realty Investors/Eastowne, Acct. #81267,
$1,914.16
(9) Rodell Hicks, No Acct. #, $274.56
(10)Jack D. Mincey & Charlotte, No Acct. #, $104.82
5 AC,Itw
Approval for the establishment of performance agreeyuents and
quarterly reporting for non-departmental agencies.
..:.Lei x D_=64+4:410 ts!;
Approval to amend the 1985-86 Budget and Capital Ordinances to
establish a Capital Project Ordinance for the Northern Fairview Revitalization
rx;
Fund as follows:
Appropriation-Recreation $ 8,000
Source-State Discretionary Funds $ 8,000
Appropriation-Homestead Center Renovations
Source-State Discretionary Funds $10,000
`kA $10,000
Appropriation-Northern Fairview Revitalization $20,000
Source--State Discretionary Funds $20,000
Approval to amend the 1985-86 Budget and Project Ordinance as
follows:
Appropriation-Sheriff Vehicle Reserve $23,400
Source-ABC Board $23,400
Appropriation-transfer to Old Courthouse
Restoration Fund
Source-Fund Balance Appropriation 7,345
$
Appropriation Renovations $ 7,345
$ 7,345
Motion was made by Capital Projects Fund $ 7,345
by Commissioner Lloyd, seconded b
that the foregoing action be taken by the Board. by Commissioner Carey
Vt7RE: UNANIMICOS.
i:r,l.il• tl'Si;. aM_?- .' �t CIA:_
CITIZENS-
ITIZ (Complete document is in the z�' 's
office.) permanent agenda file in the Clerk's
Chair Willhoit asked that the County Attorney review the document.
Be asked that a more positive tenor be used throughout the document and noted
corrections in section ')I-C, VT-D, VI-E, VIII-A3, X-B, X-C, XII-A and XII B.
He asked that the document not reference the Orange Alamance Water Authority
but to be more general.
ar k.:t ilA '• 1 'i14 LA' t P14z► ► .'kit i�1b. ��i: $1151?'
Motion was made by Commissioner Lloyd, seconded by Camnissioner
Walker to approve the expansion of the Cane Creek insurance rated district
from fair (4) road miles to five (5) road miles subject to review and approval
by the County Attorney.
WTE: UNANIMOUS.
Motion was made by Coannissiener Lloyd, seconded b
Walker to Y Commissioner
approve a contract with the White Cross Fire District Trustees for
the purpose of providing fire protection to the White Cross Fire District and
• e
•.
• .
3
meet the requires to be eligible to apply for Farmers Home Administration
funding. The approval is contingent upon the review and approval of the
contract by the County Attorney,
VOTE: UNANIMOUS.
Chair Villlhoit noted for the record that the recommendation from
the Planning Board had been received at a previous meeting.
In response to the request by the Board at the September 30 meeting
that additional landscaping be required of the applicant, Planner Susan Smith
illustrated on drawings the applicants' proposal. On the original site plan,
the applicant proposed an eighteen-foot landscape strip across the front of
the property on the southeast side of the right-of-way, continuing on the
other side of the proposed driveway for a distance of 46 feet. It enters into
the south railroad right-of-way and goes beyond the southern boundary of the
proposed retention ponds. The plan also proposed to maintain the existing
vegetation adjacent to the railroad right-of-way. SMith then presented a
drawing which illustrated the application of the Planning Board's conditions
of approval. The applicant proposes an eighteen-foot strip with Deodora
Cedars and Japanese Hollys as the hedge material and a six-foot stockade fence
along the front right-of-way which continues along the side for forty six
feet. The Planning Board recommended that the landscape treatment be
continued to the center of the right-of-way of the southern uost portion of
the property and along the southeastern edge of the properby. That would
satisfy some conditions in the current Ordinance with regard to landscape
treatuent. Smith reviewed requirements for an application of this type.
Article 12 speaks specifically to two things: (1) peripheral and frontage
landscaping, and (2) screening requirements.
Article 12.4.a states:
"A landscaping area of ten (10) feet in depth shall be located
between the abutting right-of-way and any off-street parkin ,
loading or other vehicular use area, except where permitted
driveway openings are to be provided."
Article 12.4.b states:
"The landscaping area shall be planted in accordance with the
following standards:
1. One (1) tree shall be planted for each forty (40) linear
feet of the landscaping area.
2. A hedge or other durable landscape material of at least
three (3) feet in height shall be planted or erected within
the landscaping area so as to provide a continuous landscape
barrier.
in addition to the requirements of Article 12.4, peripheral
landscaping is required along the property which does not adjoin an
industrial or commercially zoned area. The landscaping shall consist of one
(1) tree planted for each sixty (60) linear feet of landscaping area and a
hedge or other durable landscape material of at least three (3) feet in height
shall be planted adjacent to the common lot line so as to provide a continuous
landscape barrier. When screening is required between boundaries where a
proposed industrially zoned tract adjoins residential property, the applicant
must provide a Class A screen - as six-foot high continuous vegetative mass
with intermittent visual obstructions to a height of twenty (20) feet. The
Planning Board reccemended that such screening be continued along the eastern
property line and the southernmost pert of the property adjacent to the
railroad.
Article 7 speaks to landscaping and setbacks required adjacent to a
residential districts. it also speaks to frontage requirments in that the
fifteen feet nearest the street right-of-way is to be landscaped, and the
remaining fifteen feet maybe used for perking. The applicant has proposed an
eighteen-foot strip, which satisfies the requirement in the Ordinance.
NZimencessemeasessuz.......--
4
Article 7 also requires that a 35-foot building and structure setback be
provided along the boundaries where the property does not adjoin residential
zoned property or along the.eastern and southern most portion of the Chandler
tract. The Article further requires a fifteen foot strip extended to the
depth of •the adjoining districts' front yard setback. Since the adjacent
property is in an R-1 district and 40 feet is the depth of the required front
yard setback, the applicant must provide a fifteen foot landscape strip for
40 feet. He provides the strip for a distance of 46 feet and proposes a
landscape strip eighteen feet wide. Article 7 requires that all other
property lines or peripheral areas must be landscaped for a distance of ten
feet.. Since a Class A screen is also required, under Article 12, the stricter
of the two requirements would apply and that is what was referenced in the
recommendation made by the Planning Board. -
Susan Smith presented sketches which illustrated what the property
would look like with the proposed landscaping and screening in place. The
road is somewhat higher than the front of the property within the right-of
way; the property starts to rise and then dips back down toward the ponds.
The tops of the ponds are not seen from the road.
Commissioner Lloyd questioned the durability of a stockade fence
and Smith indicated that the Ordinance does not indicate the type of fence
that must be used.
Motion was made byammissioner Lloyd to approve the rezoning
request contingent on the fact if the fencing is to be changed other than
designated that it would have to be done with the approval of the planning
staff.
Commissioner Marshall indicated that a Special Use Permit could not
be approved with that kind of notion.
Chair Willhoit pointed out that a decision must first be made on
the findings of fact. The Planning Board made three negative findings of
fact. The Board most review these and make findings independent of the
Planning Board findings.
Camissioner Marshall proposed that Articles 7.17b, 7.17c, and
6.12a which deal with the minimal gross land area cannot be approved under the
Article 7.3 as the Planning Staff has suggested. Article 7.4.4 regulates
reduction or increase in minimal gross land area generally required, and
Article 7.4.4a regulates lesser areas than generally reqpired, it states that
no such reduction shall amount to more than 10% of the area generally
required. In Article 7.3 the Board of Commissioners may make specific
modifications but the provision indicates that where floor area and similar
ratios as maximum permitted amounts of development and have been established
by these regulations, the Board of County Coondssioners shall not act in a
particular case to modify such ratios or uaximums. There is more than a 10%
modification under consideration for approval.
Planning Director Marvin Collins indicated agreement with the
interpretation of Article 7.4.4 but referred to 7.3 which states:
"Where actions, designs or solutions proposed by the applicant
are not literally in accord with applicable PD or general
regulations, but the Board of County Commissioners make a
finding, in the particular case, that public purposes are
satisfed, to an equivalent or greater degree, the Board of
County Commissioners may make specific modification of the
regulations in the particular case, provided that where floor
area and similar ratios, as maximum permitted amounts of
development have been established by these regulations, the
Board of County Coumissioners shall not act in a particular
case to modify such ratios or maximums."
Article 5 contains dimensional requirements and land use intensity ratios for
the different zoning districts. The interpretation of Article 7.3 is that it
does not apply to all dimensional requirements but only those ratios that are
5
included as part of the Land Use intensity System. Article 7.3 does give same
flexibility to modify the 10% reduction.
Susan Smith indicated that the reference to Article 7.3 has been
part of the record since the first public hearing and specifically addressed
by staff to any questions at that time.
Commissioner Marshall indicated that the interpretations make
the Ordinance less effective. The Ordinance does not serve the purpose for
which it is intended and that is to have every citizen, developer, and person
to be able to observe what is happening and know what to expeCt. It is
important to deal fairly with everyone. When the Ordinance is watered down
and changes are made which are hard to substantiate, it makes the Ordinance
less and less effective.
Chair Willhoit stated that Article 7.3 deals with the public
purpose, and it is a question of how best that purpose is met.
Commissioner Marshall questioned how far Article 7.3 could be taken
and stated that it had not been used in previous requests.
Marvin Collins commented that Article 7.3, second paragraph, stated
above gives the Board latitude to modify any PD regulation as long as it is
found that the public purpose has been satisfied.
Susan Smith indicated that the negative finding found for
landscaping was because the developer did not interpret the ordinance to
address the requirements in the railroad right-of-way. There are conditions
of approval attached that address the negative finding.
Commissioner Walker asked about the railroad right-of-way and Stith
indicated that an obstructions can be located within ten feet of the railroad.
Chair Willhoit noted that the negative finding cited in Article
12.4 has been satified by the conditions attached to the project.
Chair Willhoit asked for clarification on Condition #4 and
requested that the item be more specific. Smith indicated the word 'retained"
should replace "maintained." There is existing vegetation adjacent to the
railroad tract to which the condition makes reference.
Me questioned the meaning of fencing in Condition #9 and Susan
Saith read the Planning Board minutes which indicated that "suitable fencing
be required to prevent access by children and animals."
Commissioner Walker asked if the Board could require a specific
pond be fenced without requiring that all ponds be fenced.
Susan SMith indicated the Ordinance permits in a Special Use Permit
process that conditions be attached to address those concerns raised and
identified with the development.
Stith noted that the vegetation on the back side along the railroad
will be six feet.
Motion was made by Commissioner Carey, seconded byCcaudssioner
Marshall that the Board of Commissioners findings of fact are in concurrence
with the Planning Board findings.
Chair Willhoit indicated a decision rust be made on whether the
public purpose has been met by an equivalent or to a greater degree by the
applicant and as embellished by the special conditions attached.
PlUtastulig2martsE2kat UMANIMOUS.
Motion was made byCcendssioner Marshall for denial on the basis of
7.17b, 7.17c and 6.12a.
Alonzo Coleman, Attorney, noted that in the event the Board made a
negative finding that has been addressed by the special conditions and the
Board desires to issue the Special Use Permit, it most state each negative
finding and the special condition that satisfies the Ordinance.
MOTION FAILED FOR. LACK OF A SMOND.
Chair Willhoit requested comments from the Board on the special
conditions.
Susan Smith indicated that the vegetation referred to in Condition
#4 may be used to satisfy part of the requirement in Condition #5. She
6
indicated that at the top of the site plan the developer has indicated the
type of vegetation that will be used, how it is to be placed, and the width of
the landscape strip. Also proposed is a six foot high wooden stockade fence
to be used in conjunction with the vegetation. The applicant had proposed to
landscape the front of the property along ECIO and 46 feet along the eastern
side of the. property. The Planning Board's recommendation to the Board of
Commissioners includes a condition to continue the landscaping in accordance
with Article 7 and Article 12 along the eastern side of the property for an
additional distance of eighteen feet and across the rear of the property.
Existing vegetation would satisfy the requirement in some situations, but
some sections would need to be supplemented with additional vegetation.
There was a consensus to change condition #4 to read as follows:
"Grading on the site shall be kept to a minimum consistent
with maintenance of runoff control. in lieu of planted
landscaping, existing vegetation shall be retained along the
railroad right-of-way.
Commissioner Lloyd questioned the fencing around the ponds since
the ponds need to be periodically cleaned by a backhoe.
Commissioner Walker questioned the fairness of requiring fencing
around the ponds in this application without requiring it around other ponds.
Chair Willhoit requested that condition #10 be added and read as
follows:
"The apron of the driveway entrances and exits shall be paved
from the edge of the road to the stockade fence."
There was a consensus of the Board to add #10 as stated above.
Chair Willhoit asked about the slope of the proposed driveway and
expressed concern for spillage. Smith indicated the proposed driveway slopes
back toward the plant.
Commissioner Lloyd asked if the Board could allow Chandler to have
a chain link fence if Chandler finds it more practical.
Susan Smith indicated that the Ordinance speaks to screening of
parking and vehicular areas. She indicated if what the developer proposes
does that effectively, it meets the reqpirements of the Ordinance.
Chair Willhoit noved approval of the Special Use Permit with the
ten special conditions (listed below) - nine that were recommended by the
Planning Board plus #10 which provides for the paving of the aprons to the
fence line, and with #4 and #9 modified to specify chain link fencing around
the ponds and on the basis that the conditions will meet the public purpose to
an equal or greater degree than provided in the Ordinance. Specifically,
negative findings stipulated in Article 12.4 are satisfied by conditions #4
and #5. The negative findings stipulated in Article 6,24.f are satisfied by
conditions #4 and #5. The negative findings stipulated in Article 7.17.b and
7.17.c are satisfied by those special conditions pertaining to landscaping and
screening. Commissioner Lloyd seconded the notion. The ten special
conditions are as follows:
1. The grantee of this Special Use Permit shall post with Orange
County, in a form acceptable to the County Attorney, a bond or
letter of credit in an amount equal to the cost of all public
improvements plus 10%. The amount shall be determined on the
basis of fully executed construction contracts or
certification by a registered engineer employed by the grantee
of this Special Use Permit. As improvements are completed a
corresponding amourit ' of money may be released from the
security instruments or the security instruments may be
renogotiated based on the "yet to do" portion of the
improvements.
2. Security shall be provided for the grading, paving and
stabilization of all cleared areas, streets and other
vehicular traveiways only, and landscaping.
7
3. Reads, parking areas and landscaping shall be maintained as
constructed. All such improvements and facilities shall
further be maintained and operated in a safe manner.
4. Grading on the site shall be kept to a minimum consistent with
maintenance of runoff control. In lieu of planted
landscaping, existing vegetation shall be retained along the
railroad right-of-way.
5. That screening and landscaping requirements as provided in
Articles 7 and 12 be provided along the full length of the
eastern property line and along the rear property line.
6. A final boundary survey of the Planned Development and
improveeents shall be recorded by the developer.
7. The final site plan and narrative of the project,
incorporating all changes, deletions and additions through the
final approval of the project, are to be incorporated herein
and made a part of this Planned Development Special Use
Permit. Copies of the final, site plan and narrative are to
remain on file with the Orange County Planning Department.
Grading and building permits, upon application, will, be issued
after approval and recordation of the Special Use Permit.
8. The development shall be built and operated according to the
site plan and written narrative supplied by the developer and
in compliance with the above conditions.
9. That suitable fencing consisting of a six foot chain link
fence be installed around the holding ponds to prevent access
-I by animals and children.
10. The apron of the driveway entrances and exits shall be paved
from the edge of the road to the stockade fence.
Commissioner Marshall stated that Articles 7.17b, 7.17c and 6.12a
findings pertaining to the reduction on the amount of land area are not met in
any way by the landscaping conditions and that Article 7.4.4 would not allow
4e
more than a 10% reduction.
Chair Will/zit indicated that it is difficult to put the entire
disposition of this process into ten specific conditions. He stated that a
review of all information provided would certainly demonstrate that the
public purpose is met by this process, that it will be a greater benefit to
the neighborhood to have the screening and landscaping installed than would be
the case if the ponds were built on the existing lot. It is a uniqpe
opportunity to obtain some improvement to what has been an aesthetic eyesore
in the neighborhood, and he is pleased that Chandler Concrete has offered to
provide this improvement to the property. He hoped that Chandler Concrete
will take other steps to improve the appearance of the property, address
neighbors' concerns and maintain the property so that it will have a lesser
impact on the neighborhood.
Cbemissioner Marshall noted her opposition is that the Ordinance is
being stretched in ways the Ordinance was not intended.
Cbemissioner Lloyd noted that, in his discussion with people in the
neighborhood, Chandler Concrete has been a good corporate neighbor and
believes Chandler will continue to be so.
VOTE: AYES, 4; NOES, 1 (Cbmmissioner Marshall).
a2M,..gatla
koN: LbilLirs_ ,I.k, • In ,;.0111Vi.;* '..1.54/..n. (rhis order appears in
full on page of these minutes)
Motion was made by, Cbunissioner Marshall, seconded bo$ Cboudssioner
Carey to approve the order authorizing $200,000 in sanitary sewer bonds.
VOTE: UNANIMOUS.
Motion was made by Chair Willhoit, seconded by Commissioner Lloyd
to set November 4, 1985 at 7:30 p.m. in the Cbmmissionerst Meeting Room
located at 106 Margaret Lane in Hillsborough, Nbrth Carolina as the hour, day
,. .
8
and place for the public hearing on the order authorizing $200,000 in Sanitary
Sewer Bonds.
vOTE: UNANIMOUS.
m : THB CLERK SD mg BOARD
COMELQuanatrammiceiwzmaiwiNIM AMA PUBLIC MAR=
There was a consensus that the date for the Joint Planning Area
Public Hearing be changed frail Decerther 10 to January 14, 1986.
get------MCMW.—tgE6021112M---MinTEEL
Chair Willhoit noted there is an indication from some of the
members of the Board to discuss the process for the Manager's evaluation which
is not appropriate for the executive session and that the executive session
for the discussion of a personnel matter will be rescheduled for the next
meeting.
Ccundssioner Walker objected to the evaluation process stating it
should be decided by the entire Board.
Commissioner Lloyd questioned doing an evaluation once a year and
Chair Willhoit indicated it was the consensus of the majority of the Board
members that it be done annually.
Chair Willhoit adjourned the meeting. The next meeting will be
held on November 4, 1985, at 7:30 p.m. in the Ccumissioners' Room in the
Courthouse located in Hillsborough, North Carolina.
Don Wilihoit, Chair
Beverly A. Blythe, Clerk
•
•
The Board of Commissioners for the County of Orange, North
Carolina, met in regular session in the District Courtroom at the
• •
Old Chapel Hill Post Office in Chapel Hill, North Carolina, the
regular place of meeting, at 7:30 P.M., on October 15, 1985.
Present: Chairman Donald L. Willhoit, presiding, and
Commissioners Shirley Marshall, Moses Carey, Jr., Ben Lloyd and
Nmaimm. Walker
Absent:
Also present: Gordon Baker, Finance Director, and Beverly
Blythe, Clerk to the Board of Commissioners.
* * * * *
Commissioner Marsh al introduced the following order
authorizing bonds which was read:
ORDER AUTHORIZING $200,000
SANITARY SEWER BONDS
BE IT ORDERED by the Board of Commissioners for the County
of Orange:
1. That, pursuant to The Local Government Bond Act, as '
amended, the County. of. Orange, North Carolina, is hereby author-
ized to contract a debt, in addition to any and all other debt
which said County may now or hereafter have power or authority to
contract, and in evidence thereof to issue Sanitary Sewer Bonds
in an aggregate principal amount not exceeding $200,000 for the
purpose of providing funds, with any other available funds, for
constructing a portion of a sanitary sewer system for said
County, including the construction of sewage collector, inter-
ceptor and force mains and lines, sewage pumping facilities and
appurtenant facilities, the construction of a sewage main to
transport sewage to the sanitary sewer system of the Town of
Hillsborough for treatment and the acquisition of any necessary
land, rights of way and equipment therefor.
2. That taxes shall be levied in an amount sufficient to '-'- —
pay the principal of and the interest on said bonds.
BROWN WOOD IVEY MITCHELL&PETTY.ONE WORLD TRADE CENTER.NEW YORK N.Y.10048
•
•
-
•
EEMEMEMMik
3. That a sworn statement of the debt of said County has
been filed with the Clerk to the Board of Commissioners and is
open to public inspection.
4.. That this order shall take effect 30 days after its
publication following adoption, unless it is petitioned to a vote
of the people as provided in G.S. §159-60 in which event it will
take effect when approved by the voters of the County at a refer-
. ehdum as provided in said Act.
The Board of Commissioners thereupon designated the Finance
Director as the officer whose duty it shall be to make and file
with the Clerk to the Board of Commissioners the sworn statement
of debt of the County which is required by The Local Government .
Bond Act, as amended, to be filed after the bond order has been
•
introduced and before the public hearing thereon.
• Thereupon the Finance Director filed with the Clerk to the
Board of Commissioners, in the presence of the Board of
Commissioners, the sworn statement of debt as so required.
Thereupon the order entitled: "ORDER AUTHORIZING $200,000
SANITARY SEWER BONDS" was passed on first reading.
On motion duly made, seconded and unanimously carried, the
Board of Commissioners fixed 7:30 P.M., Novemeber 4, 1985 in the
Commissioners' Meeting Room located at 106 Margaret Lane in
Hillsborough, North Carolina as the hour, day and place for the
public hearing upon the foregoing order and directed the Clerk to
the Board of Commissioners to publish said order, together with
the appended statement as required by The Local Government Bond
Act, as amended, once in The Durham Morning Herald and The News
Of Orange not later than the sixth day before said date.
•
_ .
•
-2-
BROWN WOOD IVEY burr-HELL&PETTY.er+E WORLD TRADE CENTER.NEW YORK.N.Y.10048
EZEMENZIEINZEMID
.
•
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a regular meeting held on October 15, 1985 as relates in .
any way to the introduction and passage on first reading of an
order authorizing bonds of said County and the call of a .public
hearing upon said order and that said proceedings are recorded in
• Minute Book No. 19 of the minutes of said Board, beginning at
page - and ending at page - .
I DO HEREBY FURTHER CERTIFY that a schedule of regular
meetings of said Board of Commissioners, stating that regular
• meetings of said Board are held on the first Monday of each month
in the Commissioners' Meeting Room at 106 Margaret Lane in Hills-
borough, North Carolina at 7:30 P.M. and on the third Tuesday of
each month in the District Courtroom of the Old Chapel Hill Post
Office in Chapel Hill, North Carolina at 7:30 P.M., has been on
file in my office pursuant to G.S. 142-318.12.
WITNESS my hand and the corporate seal of said County, this
15th day of October 1985.
•
the
of C.mmissioners •
• 4-
-3—
BROWN WOOD IVEY ninciteu..fle PET(Y.ONE WORLD TRADE CENTER.NEW YORK.N.Y.10048
.
COUNTY 0F ORANGE, NORTH CAROLINA
SWORN STATEMENT OF DEBT MADE PURSUANT TO THE
LOCAL GOVERNMENT BOND ACT, AS AMENDED
./, Gordon Baker, Finance Director of the County of Orange,
North Carolina, having been designated by the Board of Commis-
sioners for said County to make and file with the Clerk to said
Board of Commissioners a statement of the debt of said County
pursuant to The Local Government Bond Act, as amended, DO HEREBY
CERTIFY that the following is a true statement as shown by the
books in my office, not taking into consideration any debt in-
curred or to be incurred in anticipation of the collection of
taxes or other revenues or in anticipation of the sale of bonds
other than funding and refunding bonds:
(a) GROSS DEBT
a(1) Outstanding debt evidenced by bonds:
School Building Bonds $1,17.0,000
School Building Bonds, Series A ..A5.400
School Building Bonds, Series B ...3.50900
School Bonds
Water and Sewer Bonds ..185,000
Sanitary Sewer Bonds
Other Bonds $ .6n5.12,MCIP.
a(2) Bonds authorized by an order introduced
on October 15, 1985 but not yet adopted:
Sanitary Sewer Bonds
$ 200,000
a(3) Unissued bonds authorized by
adopted orders:
$ .. ... .
a(4) Outstanding debt, not evidenced
by bonds
$ 1803.5.
(a) GROSS DEBT, being the sum of a(1),
a(2), a(3) and a(4)
$
(b) DEDUCTIONS - - —
b(1) Funding and refunding bonds
authorized by orders introduced
but not yet adopted
$ ...
! •
L". •
•
•
, • .
•
b(2) Funding and refunding bonds'
authorized but not yet issued $
b(3) The amount of money held in
sinking funds or otherwise for
the payment of any part of the
principal of gross debt other than
debt incurred for water purposes or
sanitary sewer purposes (to the
extent that the bonds are de-
)
ductible under G.S. §159-55(b)) $
b(4) Bonded debt included in gross debt
• and incurred, or to be incurred,
for water purposes 185,000
b(5) Bonded debt included in gross debt
and incurred, or to be incurred,
for sanitary sewer system purposes
to the extent that said debt is made
-0-
deductible by G.S. §159-55(b)
b(6) Uncollected special assessments
heretofore levied for local
im-
provements for which any part of •
the gross debt (that is not
otherwise deducted) was or is to
be incurred to the extent that
such assessments will be applied,
when collected, to the payment of
any part of the gross debt -0-
b(7) The amount, as estimated by the
, of special
assessments to be levied for
local improvements for which any
part of the gross debt (that is not
• otherwise deducted) was or is to be
incurred, to the extent that the
•1
special assessments,, when collected,
will be applied to the payment of any
part of the gross debt $ -0-
(b) DEDUCTIONS, being the sum of b(1),
b(2), b(3), b(4), b(5), b(6) and
• b(7)
185,000
• (c) NET DEBT
(c) NET DEBT, being the difference
between the GROSS DEBT (a) and
• the DEDUCTIONS (b)
$ 6,558,325
• (d) -APPRAISED_MALDE _ _ _ ------
(d) APPRAISED VALUE of property subject
to municipal taxation before the
application of any assessment ratio,
being the value fixed in 1985 2 075 076 133
$ . 1.. ..
-2-
. ,
- • -•
4 . .
•
•
- 7
(e) DEBT RATIO
• (e) Percentage which the NET DEBT (c)
• bears to the APPRAISED VALUE (d) 0 . 32 %
• The foregoing statement is tr e. •
Finance Director of the
County of Orange,
• North Carolina
STATE OF NORTH CAROLINA )
) ss.:
COUNTY OF ORANGE
Subscribed and sworn to before me this 15th day of October 1985.
_it of A,
( NOTARY
Nct- y Public
,;:7 PUBLIC
**,
My commission expires * /94
•
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of a .statement which was filed with me
at a meeting of said Board held on October 15; 1985, after the
introduction and before the public hearing on an order
•
authorizing $200,000 Sanitary Sewer Bonds of said County, and .
• that said statement is open to public inspection in my office.
WITNESS my hand and the corporate seal of said County, this
/5744/ day of October 1985.
.
_ •
Clerx /- heBoakor •
of Commissioners
•
-3-
•
•
• a.
The Board of_CompAs5ioners-f6r the County of Orange, North
Carolina, met in regular session in the District Courtroom at the
Old Chapel Hill Post Office in Chapel Hill, North Carolina, e
regular place of meeting, at 7:30 P.M., on October .15, 1985.
Present: Chairman Donald L. Willhoit, presiding, and
Commissioners ShirleyMarTImil, Moses Carey, Jr.. BenLloydend
• Norman Walker
Absent:
Also present: Gordon Baker, Finance Director, and Beverly
Blythe, Clerk to the Board of Compiissioners.
-
Commissioner Marshall ' introduced the following order
authorizing bonds which was read:
ORDER AUTHORIZING $200,000
SANITARY SEWER BONDS
• •
BE IT ORDERED by the Board of Commissioners for the County
• of Orange: .
1. That, pursuant to The Local Government Bond Act, as '
amended, the County. of. Orange, North Carolina, is hereby author- •
ized to contract a debt, in addition to any and all other- debt
which said County may now or hereafter have power or authority to
41.1,4threarvc Ranitary Sewer Bonds
• -
-
•
3. That a sworn statement of the debt of said County has
been filed with the Clerk to the Board ot_Commissioners s
open to public inspection.
4. That this order shall take effect. 30 days after its
publication following adoption, unless it is petitioned to a vote
of the people as provided in G.S. §159-60 in which event it will
take effect when approved by the voters of the County at a refer-
. endum as provided in said Act.
The Board of Commissioners thereupon designated the Finance
Director as the officer whose duty it shall be to make and file
• with the Clerk to the Board of Commissioners the sworn statement
of debt of the County which is required by The Local Government
Bond Act, as amended, to be filed after the bond order has been
introduced and before the public hearing thereon.
• Thereupon the Finance Director filed with the Clerk to the
Board of Commissioners, in the presence of the Board of
Commissioners, the sworn statement of debt as so required.
• Thereupon the order entitled: "ORDER AUTHORIZING $200,000
SANITARY SEWER BONDS" was passed on first reading.
On motion duly made, seconded and unanimously carried, the
Board of Commissioners fixed 7:30 P.M., Novemeber 4, 1985 in the
. _
4.0,
I, Beverly Blythe, Clerk to the Board of Commissioners for --
the County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a regular meeting held on October 15, 1985 as relates in
any way to the introduction and passage on first reading of an
• order authorizing bonds of said County and the call of a public
hearing upon said order and that said proceedings are recorded in
- Minute Book No. 19 of the minutes of said Board, beginning at
page - and ending at page -
I 'DO HEREBY FURTHER CERTIFY that a schedule of regular
•meetings of said Board of Commissioners, stating that regular
meetings of said Board are held on the first Monday of each month
in the Commissioners' Meeting Room at 106 Margaret Lane in Hills-
borough, North Carolina at 7:30 P.M. and on the third Tuesday of
• each month in the District Courtroom of the Old Chapel Hill Post
• Office in Chapel Hill, North Carolina at 7:30 P.M.., has been on
file in my office pursuant to G.S. 142-318.12.
WITNESS my hand and the corporate seal of said County, this •
• 15th day of October 1985.
I. .041
•
•
•
COUNTY 0F ORANGE,' NORTH CAROLINA
• SWORN STATEMENT OF DEBT MADE PURSUANT TO THE
LOCAL GOVERNMENT'BOND ACT, AS AMENDED
.I, Gordon Baker, Finance Director of the County of Orange,
North Carolina, having been designated by the Board of Commis-
sioners for said County to make and file with the Clerk to said
Board of Commissioners a statement of the debt of said County
pursuant to The Local Government Bond Act, as amended, DO HEREBY
CERTIFY that the following is a true statement as shown by the
books in my office, not taking into consideration, any debt' in-
curred or to be incurred in anticipation of the collection of
taxes or other revenues or in anticipation of the sale of bonds
other than, funding and refunding bonds:
• (a) GROSS DEBT
a(1) Outstanding debt evidenced by bonds:
School Building Bonds SLUM,000
School Building Bonds, Series A ...;P,900
• School Building Bonds, Series B .. 1.50000•
• School Bonds
. Water and Sewer Bonds ...185,000
Sanitary Sewer Bonds
Other Bonds $
a(2) Bonds authorized by an order introduced
• on October 15, 1985 but not yet adopted:
Sanitary Sewer Bonds " $ 200,000. *•
a(3) Unissued bonds authorized by .
adopted orders: $
a(4) Outstanding debt, not evidenced,
by bonds $ 1825.•
(a) GROSS DEBT, being the sum of a(1),
..
a(2)-, a-(3)--and-a(4)- $ 6,743 25
• (b) DEDUCTIONS
b(1) Funding and refunding bonds
authorized by orders introduced
but not yet adopted $ -0-••
•
. .
. . .
. •
•
' -
i•
•
. .____ ,__ .... . _• ._....,_-___ . _ .... . . .. _
- '
r .
. .------- ---------
1 • .
i . . .
b(2) Funding and refunding bonds' .
authorized but not yet issued $ -°-
. - .
b(3) The amount of money held in
k sinking funds or otherwise for
• the payment of any part of the
11
• principal of gross debt other than '
I :
• debt incurred for water purposes or -
sanitary sewer purposes (to the
extent that the bonds are de-
.
• ductible under G.S. §159-55(b)) $ -0-
•
•
b(4) Bonded debt included in gross- debt •
• and incurred, or to be incurred,
. $ 185,000
' for water purposes
b(5) Bonded debt included in gross debt
' .- •
• . .
and incurred, or to be incurred,
for sanitary sewer system purposes
to the extent that said debt is made
. deductible by G.S. §159-55(b) $
• •
b(6) Uncollected special assessments
heretofore levied for local im-
k
b - - provements for which any part of
the gross debt (that is not
[ ' otherwise deducted) was or is to
• . be incurred to the extent that
• such assessments will be applied,
when collected, to the payment of
k any part of the gross debt $ -0-
b(7) The amount, as estimated by the •
• , of special
assessments to be levied for
[
r local improvements for which any
• part of the gross debt (that is not
. otherwise deducted) was or is to be
• incurred, to the extent that the
special assessments, when collected,
• will be applied to the payment of any
part of the gross debt $ 4'-
1 • (b) DEDUCTIONS, being the sum of b(1),
•i b(2), b(3), b(4), b(5), b(6) and
b(7) • t . 185,00(• $ OOOO....
(c) NET DEBT
(c) NET DEBT, being the difference -
between the GROSS DEBT (a) and
the DEDUCTIONS (b) • - $ 6,558,325•' .
• (d) APPRAISED. VALUE •
• (d) APPRAISED VALUE of property subject •
• to municipal taxation before the
• application of any assessment ratio,
being the value fixed in 1985 $ 2,075,076,133
4-
• • .
-2-
. - •
. -
•
. .
. •
•(e) DEBT RATIO
•
. .
(e) Percentage which the NET DEBT (c)
• • bears to the APPRAISED VALUE (d) 0 . 32 %
The foregoing statement is tr e.
Finance Director of the •
County of Orange,
North Carolina
STATE OF NORTH CAROLINA )
• ) ss.:
COUNTY OF ORANGE
Subscribed and sworn to before me this 15th day of October 1985.
•
of
NOTARY .
N't- y Public
PUBUC
•
\‘'ecoutkvki
My commission expires If / VA,7 /9h .
•
I, Beverly Blythe, Clerk to the Board of Commissioners for
the County of. Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of a statement which was filed with me
at a meeting of said Board held on October 15, 1985, after the
= introduction and before the public hearing on an order
authorizing $200,000 Sanitary Sewer Bonds of said County, and . -
that said statement is open to public inspection in my office.
WITNESS my hand and the corporate seal of said County, this'
/5341 day of October 1985.
Clerk--• _ _ _
.7 Air
he Board- •
of Commissioners
t-
-3-
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