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HomeMy WebLinkAboutAgenda - 11-18-1986 001 I ORANGE COUNTY Action Ag- BOARD OF COMMISSIONERS Item No. ACTION AGENDA I yc=, ABSTRACT MEETING DATE November 18, 1986 Subject: MINUTES Department: BOARD OF COMMISSIONERS Public Hearing: Yes I no Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone bers: 732-8181, 968-4501, 22T-0231 PURPOSE: To correct and/or approve pproge the minutes as submitted for consideration: November 3, 1986 - Regular Meeting October 13, 1986 - Joint Meeting with Town of Chapel Hill UN Approval so the minutes may be entered into the official minute book in the Clerk's office. RECO ATIOH: As the Board decides. s t, 002 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Di ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 18, 1986 SUBJECT: HOME HEALTH WEEK DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) 9- _ INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To proclaim the week of November 30 through December 6, 1986 as Home Health Care Week. NEED: The proclamation acknowledges the recipient of home health care and expresses appreciation to the individuals who provide home health care. IMPACT: RECOMMENDATION(S) : 003 PROCLAMATION HOME, CARE WEEK WHEREAS, home care provides a wide range of needed health and supportive services to the ill, elderly, disabled and infirm in their homes; and WHEREAS, the concept of home care is the oldest and most • enduring tradition of health • service delivery in • the United States; and . • WHEREAS, home care services help preserve one of the country's most important social values, keeping f. . ilies together; and WHEREAS, most Americans prefer for themselves and their• f. flilies to remain and receive treatment whenever • • possible in the comfort and security of their own homes; and WHEREAS, there is a significant and growing body of evidence • that home care services stimulate quicker and fuller recoveries and improvements than comparable services within institutions; and • WHEREAS, it is becoming increasingly evident that home care provides a cost-effective delivery system for high • quality, individual health services; NOW, THEREFORE, The Orange County Board of Commissioners, DO • HEREBY PROCLAIM the week of November 30 through • December 6, 1986 as Orange County Home Care Week to coincide with the celebration of 'Home' Care Week • in North Carolina and National Home Care Week; and • Furthermore, that Orange County expresses its support and appreciation of home care providers; and Furthermore, that the Orange County commends all dedicated individuals who have devoted their careers to • providing high quality home care services to its citizens. • This the day of November, 1986. Don Willhoit, Chair Board of Commissioners 004 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. :001 ACTION AGENDA ITEM ABSTRACT MEETING DATE November 18, 1986 Subject: American Education Week Department: re ART OF COMMISSIORkiS Public Nearing: Yes X no Attachments: Information Contact: Proclamation Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To recognize and support a proclamation issued by Orange County Schools as-part of their effort in conjunction with the Orange County Association of Educators. 212TEL Acknowledge and receipt of said proclamation. S. RECOMMENDATION: 005 .:_ . • C .11. A -, oela , udf--on • • COM: i WHEREAS, The public schools are an important UNITED FOR EXCELLENCE and integral part of our society;and . WHEREAS, The concept of a free and equal education is an American tradition and this S country's strength; and -•• . WHEREAS, The students of today are the leaders of tomorrow; and WHEREAS, All citizens have a responsibility to . • support the public schools; Now, - -refore, / ' A ....dre /..' -•■■•■..a.........,„„.... - . r,.■e of p 7777r) of • ORANGE OCuNTY &Sams (name of government body or agency) Do hereby proclaim November 16-22, 1986, as .• . a illeflea0 Edllealloo Week and urge all citizens to make a commitment to public education and to the future of orange county - North Carolina 1 1 (name of city,county,state,community) children by visiting their local public 4111111111111111W schools and by donating their time and talents to help make the public schools ........,....6../ even better. .mob.. to:: IllnrmPIIIIIIIIII.■lIle.n all I Ti er4t177.4-'7,,,lt-3 ammi....11111* , Mr- I fir 111111: I. llifillihN 1...1.1.:_..... 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"11.4" 006 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 18, 1986 SUBJECT: REVISED JOINT PLANNING AGREEMENTS DEPARTMENT: PLANNING PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: MARVIN COLLINS, X346 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: r To receive public comment on the County's proposed new Joint Planning Agreement between Orange County and the Town of Chapel Hill and between Orange County and the Town of Carrboro. NEED: In 1984, Orange County and Chapel Hill entered into a Joint Planning Agreement while Carrboro decided to defer entering an agreement until the Joint Land Use Plan was finished. All three jurisdictions have since worked cooperatively to develop a Land Use Plan for the area. In addition Orange County and Chapel Hill have been jointly approving development requests since 1984 within 10 and 20-Year Transition Areas outside of Chapel Hill 's planning jurisdiction. The Agreement has worked well overall, but there have been some administrative problems in implementation. Over the past six months, discussions have conducted by the County and town managers and attorneys about possible revisions to address the difficulties. In September a revised agreement was proposed by the County Manager. This was followed by elected board meeting October 7 to discuss joint planning issues in general and on October 13 to discuss the proposed agreement with Chapel Hill . A public hearing on the revised agreement was set for this meeting. IMPACT: The revised Agreement proposes a new distribution of responsi- bility between the County and Towns. Principle provisions include: 1. Following County adoption of the Land Use Plan on 8/19/86 and finalized 10/13/86 each town is to prepare a Zoning Map for its Transition Area using its zoning district classifications and recommend its adoption to Orange County. Classifications will be 007 assigned in accordance with the land use designations shown on the adopted Joint Planning Area Land Use Plan. (Under the existing agreement, Orange County's zoning district designations apply.) 2. Upon amendment of the County's Zoning Map (including Zoning Atlas) to incorporate the Zoning Map and Town Land Development Ordinances, the Towns will be responsible for the processing of applications, permits issuance and conducting necessary inspections within the Transition Areas. (Under the existing agreement, Orange County and Chapel Hill jointly approve development applications. Orange County is also responsible for permits issuance and conducting inspections.) 3. Orange County will continue to administer its Zoning Ordinance and Atlas, and Subdivision Regulations within the Rural Buffer. The County will also process applications, issue permits and conduct inspections within the Rural Buffer. (No change is proposed from the existing agreement. ) 4. Orange County will review and comment on development applications within the Transition Areas. Each Town will review and comment on applications within the Rural Buffer depending upon the portion of the Rural Buffer which applies. (Under the existing agreement. Orange County and Chapel Hill jointly approve projects in the Transition Area. Chapel Hill reviews and comments on projects in the Rural Buffer. ) 5. Any amendments to the Joint Planning Area Land Use Plan and the Orange County Zoning Ordinance (including Atlas) applicable to the Joint Planning Area require County approval but will be referred to the Towns for review and comment before a final decision. (Under the existing agreement, joint approval is required for Zoning Atlas changes in the Transition Area. Orange County may amend its Zoning Ordinance without comment from the Towns. 6 . Amendments to either Town's Land Development Ordinance will be referred to the County for adoption. r1 (Not applicable under the existing 008 8- agreement. ) Included with the agenda abstract are recently received comments and an alternate agreement draft which the Town of Carrboro staff has submitted. The Carrboro Board of Aldermen will consider the alternate draft and the County proposed agreement on November 18. RECCOMMENDATION: Refer the County proposed agreement to the Orange County Planning Board for recommendation as required under the existing agreement. The Planning Board will meet on November 24 to prepare a recommendation for Board consideration at its December 1, 1986 regular meeting. fr n.aL 1 009 JOINT PLANNING AGREEMENT DRAFT September 16, 1986 September 19, 1986 September 22, 1986 October 8, 1986 November 13, 1986 THIS AGREEMENT, made and entered into this day of , 198_, by and between the COUNTY OP ORANGE, a political subdivision of the State of North Carolina, and THE TOWN OF CHAPEL HILL, a municipal corporation duly created and existing under the laws of North Carolina, WITNESSETH In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE , DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning 4 - , . The area lying outside the extraterritorial planning jurisdiction of Chapel Hill but within the joint planning boundary designated on the Joint Planning Area Land Use Map, as it now exists and as it may be amended from time to time. B. fehARal Hill. Joint Development Area (cHJPA) . The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. C. Rural Buffer. The area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential. This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other Town services) . D. Tzangitian. The area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other Town services) are now provided to this area or are projected to be 010 provided to this area. Section 1.3 Effective Date and Duration A. This Agreement shall become effective on the effective date of an Orange County ordinance adopting this Agreement after it has been approved by Chapel Hill and an ordinance that amends Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement. Any previously adopted Agreements shall become null and void upon this date. B. This Agreement shall remain in effect until terminated by mutual agreement or by withdrawal of Orange County or Chapel Hill. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notice to the other party within thirty (30) days of the public hearing. The withdrawal shall be effective one (1) year following receipt by the other party of the written notice. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2,1 Standards Within the Transition Area A. Chapel Hill shall prepare a Zoning Map for the Transition area and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection B of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan for the CHJDA, B. Upon completion of the Zoning Map referred to in Section 2.1 A above, Orange County shall amend its Zoning Atlas in accordance with said Map. Orange County shall also adopt by reference the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA. ,= Section 2.2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2.6 of this Agreement. Section 2.3 Permit Administration Within The Transition Area and Chapel Hill Extraterritorial Jurisdiction A. Except as otherwise provided in Section 2.5 and 2,6, the Town of Chapel Hill shall perform all functions related to CI. 011 the administration of the ordinances referenced in Section 2®1 B. Subject to the remainder of this Section, Chapel Hill shall administer the referenced ordinances just as if the land were located within the Town's planning jurisdiction. Administration shall include but not be limited to the following: 1. Receipt and processing of applications; 2. Issuance of any required permits and certificates; 3. Review and approval of required site/construction plans; 4® Conducting necessary site/building inspections; 5. Enforcement of all standards; 6® Any other acts or things necessary to administer the Ordinances; and shall be carried out in manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by Chapel Hill® Chapel Hill may also charge fees for processing of applications, conducting site/construction plan reviews and carrying out site/building inspections in accordance with fee schedules applicable within its extraterritorial planning jurisdiction® B. Whenever Chapel Hill receives an application for a development permit relating to land within the Transition area, it shall forward copies of the application to the Orange County Planning Department for review. The Town shall establish timetables to insure that the Orange County Board of Commissioners, advisory boards and planning staff have an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates® To the extent possible, the timetables of the County and Town shall provide for simultaneous review to expedite application processing; provided, however, the Town may not vote to issue or deny a permit until it has received the recommendations of Orange County or until the expiration of forty-five (45) days after Orange County has received the application, whichever comes first. Section 2®4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2.6 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2®2 in the same manner as if the land were located outside the Joint Planning Area® B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer, it shall forward from the stamped receipt date on the application to forward five copies of the application to Chapel Hill for review. In processing an application under this Section, Orange County shall cooperate with and consider the recommendations of Chapel Hill, Orange County may not vote to issue or deny a permit until it has received the recommendations of Chapel Hill or until the expiration of forty-five (45) days after Chapel Hill has received the application, whichever occurs first. Section 2.5 Enforcement Remedies a �x,a daa� se2� u da.a„.fiJ. ai, s=.? uvfi a„✓.,,r. A. Permit revocation, if necessary and authorized by 012 ordinance, shall be handled by the individual or board authorized to issue the original permit. B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2.1 B are administered by Chapel Hill, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by the Town. The Town shall have the duty to defend at its own expense and shall indemnify and hold harmless► to the extent it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys fees and court costs, resulting from the Town administration of the ordinances specified in Section 2 .1 B. C. Orange County shall notify the Town and the Town shall notify Orange County as soon as practicable thereafter, of any such claim, action or proceeding. Section 2.6 Text and Map Amendments A. Any proposed amendments to the Joint Planning Area Land Plan and Orange County Zoning Ordinance (including Atlas) applicable to the Joint Planning Area shall require County approval. All such proposed amendments shall be referred to Chapel Hill for review and recommendation. Such review and recommendation on proposed amendments shall occur before Orange County makes a final decision. B. Whenever Chapel Hill amends the its Land Development Ordinance, it shall refer such amendments to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the Town may continue to enforce within the CHJDA of the Transition area the same standards that it enforces within its own planning jurisdiction. C. Proposed amendments to the text of this Agreement shall not become effective until approved by Chapel Hill and an Orange County ordinance adopting the amendment is adopted by Orange County. THIS AGREEMENT entered into this day of , 198 . Mayor, Town of Chair, Orange County Chapel Hill Board of Commissioners ATTEST: ATTEST: Town Clerk Clerk to Board of Commissioners 013 P 0 Box 337 301 West Main Street arrboro Carrboro North Carona 27510 (919)942-8541 November 12 , 1986 Mr. Ken Thompson Orange County Manager Orange County Offices 106 Margaret Lane Hillsborough, North Carolina 27278 RE : Revised Joint Planning Agreement-10/8/86 Dear Mr. Thompson: Thank you for providing me with a copy of the proposed, revised Joint Planning Agreement and the opportunity to make comments. I have gone over the Agreement thoroughly, along with my staff, and proposed several refinements or revisions to the Carrboro Board of Aldermen at their worksession on November 11 , 1986 . The following revisions were submitted to the Board in the form of a new revised Agreement (attached) dated November 3, 1986 which is on the consent agenda slated for their approval next Tuesday, November 18 , 1986 : 1 . Replace the terms "Ten-Year Transition Area" with "Twenty-Year Transition Area" with the term "Urban Transition Area" . 2 . Rename Section 1 . 2 "Definitions" and add subsection 1 . 2D to define "Development Permit" . 3. Revise Section 2 . 3(B) and 2 .4(B) to simplify the review process by alleviating details such as the number of copies required and etc. to be established administratively. In addition, revise this section to request only governing board comments and allow the governing boards the opportunity to establish advisory board review procedures. 4. Revise the title of Section 2 .4 to read "Permit Administration in Joint Planning Area Outside Urban Transition Area" rewrite and combine subsections B Sr C and omit subsections D & E. 5 . Revise "Exhibit A" Map to delineate urban transition area boundary and boundary between Chapel Hill and Carrboro, 6. Section 2 . 6 indicates in the last sentence that Exhibit A depicts current zoning districts . This information .pa was not provided in the County's revised Agreement . If and when it is provided, will this be the same 014 Exhibit A referred to in Section 1 , 2 (A) , 2(B) , and 2 . 4(b) ? The Board of Aldermen requested that I provide a copy of the revised Agreement to you for the consideration of the Orange County Board of Commissioners on Novembere 18 , 1986. Again, thank you for the opportunity to comment on the Joint Planning Agreement and if you have any questions concerning our refinements or revisions to the Agreement, please give me a call . Sincerely, Robert Ro W. Morgan Town Manager RMW/jes attach. 015 JOINT PLANNING AGREEMENT DRAFT November 3, 1986 THIS AGREEMENT, made and entered into this day of 198-.--, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, and the TOWN OF CARRBORO, a municipal corporation duly created and existing under the laws of North Carolina . WiTNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows : ARTICLE 1 . PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1 . 1 Purpose of the Agreement. The purpose of this agreement Is to establish a method of coordinated and comprehensive County-Carrboro Joint Planning Area, pasndefinednherein .Orange Section 1 .2 Definitions . A. The term "joint planning area" as used agreement refers to that area lying In this g outside the extra ro terri - torial planning Jurisdiction of Carrboro boundary designated on the maptattachedtto (this agreement as Exhibit A and incorporated herein. The also refers to the area shown on modifications of ExhibitrA if the Joint planning area boundary is amended pursuant to Section 2.5 of this agreement. B. Exhibit A shows an area where Carrboro 's interests are pre-eminent. This area is referred to throughout the remainder of this agreement as the Carrboro Joint Development Area (CJDA) . C . The terms "Urban Transition Area" refers to that area so designated on Exhibit A, as the same may be modified in accordance with the provisions of Section 2.6 of this agreement D . The term "Development Permit" means major major subdivision preliminary plat approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County or Carrboro governing bodies . 016 Section 1 .3 Effective Date and Duration A. This agreement shall become effective on the effec- tive date of an ordinance adopted by Orange County that amends Orange County ' s Zoning Ordinance ( including Zoning Atlas) and Subdivision Ordinance as prescribed In Section 2. 1 of this agreement. B. This agreement shall remain in effect until terminated by mutual agreement or by withdrawal of Orange County or Carrboro. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notice to the other party within thirty (30) days of the public hearing . The withdrawal shall be effective one ( 1 ) year following receipt by the other party of the written notice ARTICLE 2. ADOPTION, ADMINISTRATION, AND AMENDMENT OF STANDARDS Section 2. 1 Standards Within Urban Transition Area. A . Upon County adoption of the Land Use Plan for the Joint Planning Area, Carrboro shall prepare a Zoning Map for the Urban Transition Areas which, upon approval and adoption as prescribed in Subsection B of this Section, shall become part of the Orange County Zoning Ordinance , The Zoning Map shall be prepared using zoning districts which correspond to the text of the Carrboro Land Use Ordinance and which corres pond with the density designations and plan classifications as prescribed in the adopted Land Use Plan for the CJDA B . Upon completion of the Zoning Map referred to in Section 2. 1 A above, Orange County shall amend its Zoning Atlas in accordance with said Map to zone areas within that portion of the Urban Transition Area that lies within Carrboro s JDA. Orange County shall also adopt by reference the Carrboro Land Use Ordinance and make its provisions applicable only to that portion of the Urban Transition Area located within Carrboro ' s JDA fi Section 2.2 Standards Outside Carrboro ' s Urban Transition Area Within that portion of the Joint planning area that lies outside the Urban Transition Area the Orange County Zoning Ordinance ( including zoning atlas ) and Subdivision Ordinance that are in effect on the effective date of this agreement shall remain in effect until modified in accordance with Section 2.6 of this agreement . Current zoning districts are shown as Exhibit A. Section 2. 3 Permit Administration Within Urban Transition Zone 2- . 017 A . Except as otherwise provided in Section 2.5 and 2.6 . the Town of Carrboro shall perform all functions related to the administration of the ordinances referenced In Section 2. 1B . Subject to the remainder of this section , Carrboro shall administer the referenced ordinances Just as if the land were located within the town ' s extraterritorial planning jurisdiction . Administration shall include but not be limited to the following : 1 . Receipt and processing of applications; 2. Issuance of any required permits and certifi - cates ; 3 . Review and approval of required site/construc- tion plans; 4 . Conducting necessary site/building Inspections ; 5. Enforcement of all standards ; 6 . Any other acts or things necessary to admin- ister the ordinances; and shall be carried out in a manner so as to insure that a development complies with all applicable ordinance require- ments and the terms and conditions of any permit issued by the Town of Carrboro. The Town of Carrboro may also charge fees for processing of applications , conducting site/con- struction plan reviews and carrying out site/building inspec- tions in accordance with fee schedules applicable within Its planning Jurisdiction B . Whenever the town receives a completed application for a development permit relating to land within the Urban Transition Zone , it shall forward copies of the application and plans to the Orange County Planning Department for review in accordance with administratively established timetables and procedures . The Town board may not vote to issue or deny a permit until it has received the written recommendations of the Orange County Board of Commissioners (or other designated board or staff ) or until the expiration of forty-five (45) days after the Orange County Planning Department has received the application, whichever comes first. Section 2.4 Permit Administration in Joint Planning Area Outside Urban Transition Area. A. Except as otherwise provided in Section 2.6 and the remaining provisions of this section , Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2.2 In the same manner as If the land were located outside the joint planning area B . Whenever Orange County receives an application for a development permit relating to land within the Rural Buffer -3- 018 portion of the CJDA as shown on Exhibit A, it shall forward copies of the application and plans to the Carrboro Planning Department for review In accordance with administratively established procedures . The Orange County Board of Commissioners may not vote to issue or deny the permit until it has received the written recommendations of the Carrboro Board of Aldermen (or other designated board or staff ) or until the expiration of forty--five (45) days after the Carrboro Planning Department has received the application , whichever occurs first . Section 2. 5 Enforcement Remedies . A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the individual or board authorized to issue the original permit . B . Within those portions of the Joint Planning Area where the ordinances specified in Section 2. 1 B are administered by the Town of Carrboro, enforcement efforts through the use of civil penalties , criminal penalties , or injunctive relief shall be initiated by the Town ( in the name of the County, if judicially required ) . The Town shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent it can legally do so, Orange County, its Board of Commissioners, is advisory boards , its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims , actions, proceedings, expenses , damages or liabilities , including attorneys fees and court costs , resulting from the Town administration of the ordinances specified in Section 2. 1 B . C. Orange County shall notify the Town and the Town shall notify Orange County as soon as practicable thereafter , of any such claim, action or proceeding . Section 2.6 Text and Map Amendments . A . Any proposed amendments to the Land Use Plan and Orange County zoning Atlas applicable to the Joint Planning Area shall require County approval . The process shall be in accordance with adopted Orange County procedures and shall include referral to the governing body and planning board of the Town for review and recommendation . Such review and recommendation on proposed amendments shall occur before the Board of Commissioners makes a final decision . B. Whenever Carrboro amends the Carrboro Land Use Ordinance referenced in Sections 2. 1 B, it shall refer such amendments to Orange County with a request that the County make corresponding changes as expeditiously an as reasonably possible so that the Town may continue to enforce within its respective portions of the Urban Transition Area the same standards that it enforces within its own regulatory juris- diction . -4- 019 C. Proposed amendments to the text of this Agreement shall be referred to the planning boards of the respective Jurisdictions for comments and recommendations . Such changes shall not become effective until approved by the parties to the Agreement . 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"i".•.'"'"-,,,t'*.-", qZ-2 t a ii,,,,,,-- „itx...—„v. . ......_-... .._,..,..:,..,,,...,,,,,.. , ...: • , ..., ::: ' ' .It je ' ' iQ, i \ t e4 '''- 'Iliqii0Aelii%.-441.240.4iiiliiitS4 - eg-,001511ifitlt-.4-0)44 ' / ''..: .• _,,,,.IP oairx, .lipm."-I".--irt),,I.Z.4-n,l'W•r. ....4.1,„._,,,,, V,:s „. .1,,,,,,,,:: _ _ TRANSITION AREA SNORT ORANGE COUNTY 021 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE NOVEMBER 1.8, 1986 SUBJECT: Award of Bid: Tachographs *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO *************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES Bid Tabulation EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 *************************************************D******I******************* PURPOSE: To consider awarding a bid for eighteen (18) tachographs to be used on Sheriff Department vehicles. NEED: The tachograph is an instrument that records various functions of a vehicle, such as time moving, time at rest, speed at a given time, use of lights, sirens, etc. (It is used as a control device against vehicle abuse and as a risk management tool in case of an accident. ) Manufacturers predict at least a 10% savings in fuel and maintenance of vehicles in the first year due to increased care in driving. In addition, should the County vehicle be involved in an accident this recording would critical information relevant to the speed provide accident as well as indicating if emergency preceding was operating. Y quipment was IMPACT: A total expenditure of $12,924 is required. These funds were included as part of the appropriation for capital in the Sheriff Department Budget. RECOMMENDATION: Award bid for 18 tachographs to Nichols Speedometer, Greensboro, NC for a sum of $12,924. • ic P :sg •. i lc) - --i i 22 **5 ■ e (1:3 c. . F. . I-I p .. • .. ''1' P•••• IQ- 1 - Ix: . . . ca.,. . . . . . • . . v..,. . . ........ Dz, 01 . f., 1 (3(3 ....., { tb .,. • • _ , Q - Q r's - .....e... .- . V - " 1-1 • . . -• • . " = .. . -. .. • a . . , . • . • > . .. , / 1-1 " . t 0• . ' z ' - •9 - • ;. . . . .. ,.. .... . . . -- • 0 t=1 0 • a 1-4 1-1 0- - •• 0 , 199 . i 1-3 ,J .e. • 0 ,. • • cri 0 . .. t1 • . . . ■•vo - tv 0 ,-zi d• . - .. ° c - 'd.• ' ' =', . - . . . • = . . ' . .= - ':=.'-=' ',.,,,''' ' ,..". ''...'1'7....V''''` ''''=,==="' = ' " • .,. , ORANGE COUNTY BOARD OF COMMISSIONERS S - ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NOR_ MEETING DATE November 181 1986 _ 023 SUBJECT: :GRADE AND STEP.AUTHORIZATiON . .. . . - _.___, . - DEPARTiENT: COUNTY' AGER PUBLIC HEARING: _YES ATTACHMENT(S) : = INFORMATION CONTACT:. B.M. WHITEHEAD • NO . PHONE NUMBERS: HILLSBOROUGH - 732-8181 .HILLSBOROUGH - 732-9361- -. . CHAPEL HILL - 967-9251 • • MEBANE - 227-2031 - - - . .• . ' • . ' DURHAM - 688-7331 .....___ - . . PURPOSE: TO CONFIRM APPROVAL OP ABOVE ENTRY HIRINGS IN THE DEPARTMTENS OF .. ;, : • . - . AGRICULTURE AND SOCIAL .SERVICES. . . . . . . . • . . . - • ... .. • . ' '. ` - . .-• ,- . - . ' -. -• _ .- • . . . .. . . . • , . ' . . - - . . . . , . . • NEED . IN ACCORDANCE WITH THE ORANGE COUNT! PERSONNEL ORDINANCE, -CONFIRMATICN:.,- . .-., ON APPROVAL FOR WYE 'ENTRY HIRING IS REQuFSTEP. ' --.—, - - . . _ • _ . . • : • . . . . . . • . . . . - . . . . . _ . . . . . - .- • . . . . . . _ . „ . . : . . . . . . IMPACT: NO BUDGETARY IMPACT. .- . . . .. . .. . . _ , - ' . . . .- , . . - RECOMMENDATION(S) : CONFIRM THE APPROVAL CF THE POLLCMING: . . . 1. SALARY GRADE 781 STEP 78 - SOCIAL SERVICES DIRECTOR 2. UNCLASSIFIED (PAY PLAN EQUIVALENT S.G. 72, STEP 68) - AGRICULTURE EXTENSION AGENT. _ - _ 024 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No Meeting Date: NOVEMBER 18, 1986 SUBJECT: CHANGE ORDER FOR REVERE ROAD OFFICE COMPLEX ' DEPARTMENT: COUNTY MANAGER _ PUBLIC HEARING: Yes X No ATTACK MENT(S) : INFORMATION CONTACT: MANAGER'S CHANGE ORDER OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732--8181 Chapel Hill m 9684501 Mebane - 227- 2031 Durham -- 688-7331 PURPOSE: To consider a change order for Mebane Heating and Air Condi- tioning. NEED: There is need to move two thermostats from the steel supports to a more central location. Also the return air duct must be moved to a centralized open area for heating and cooling efficiency. IMPACT: The total cost for both items is $750. 00 and would come from the contingency in the project budget. RECOMMENDATION(S) : Approve change order. CHANGE 025 ORDER OWNER LE - . ARCHI1lCT LB .AJ DOCUMENT G701 CONTRACTOR . FIELD El - OTHER 0 PROJECT: Carr Building Renovation CHANGE ORDER NUMBER: 1 inane. addressi, Corbin Street - - - - ° HilisborCuzgh, NC IN1 C)N DATE: alv-t -r 7, 1986 To (Contractor): • ARCHITE-CT1 PROJECT NC): 5568 Mebane Heating & Air Conditioning! t) CT FOR: a1 P.O. Box 756 FOR: • Mebane, NC 27302 - • a)IsITRACT DATE: 1 t 13, 1986 . • You are directed to make the following changes in this Contract: Item One . Relocate two thermosts- ta - Extra 200.00 Item Two Extend duct for return air vent in Environment tai Department and connect to new grill. Extra 550.00 - Resultant. Change Order Amount Extra $ 750.00 \I 11 W1u!until.agnrd(r) With Nlt't D«no-r an11 Ara Whig I, cy,n hurl ut ill.'ell MI NS tiff 11111it•..h. hi.dgWVIIIWIti Itrrtwt ifh,int lulling arty aditi4iva-ni in our b etniukt t Stmt or a oalrmi t tmte Ihr'original tConirat•I Suntl SPA t4"1T4�+.1� �1;4.M.hilt") was ..m. ...mmmm_p $ 190000 .m•..pO...Im Net change by previously authorized Change Orders ...................e.d.......p e.... $ °0° IN';Contract Sum) T 1-AF1,'OAt t.hf 1-tf4 vttn..larior to this Change Oaks was .• $ 19,000 the dCuntr.at•t Sum) =likt$ 41144 4Shs?.+t$'et1.; Will be (increased) by this C:h,ulge Order ....p ..+. 750 the new ICnniract Suislt 3 u S�J tC°t 4;44{01 t A 3!s u ilarlualin;,this Change Order will he p... 19.750 The ContratI Time will he Yti.(ti-.p,0+t4.4,4k 93-,ly, `, (unchanged) by ( _0_ 1 The I tate.Id Stdbst.antial Completion as of tha date of ttu;Change Order lhestefore is Authorized: CHR Associates, PA Mebane Heating & Air Cond. Coanty of 1 .° :_e .. - __ . 0 : . $.d` T. .aret Lane At11ttt,.. Mttress, Chapel Hill NC 27514 Mebane, NC 27302 o1a1(ltls � cr �'eLr�t..,,- nv MA /DOCUAttlell Gift • I.I IAN(',1(DIa111: • .APlII Pell I 11111 IN • M.1 0 a'19719 - IIII .'uttKI('•U. INS 1I101i tH mu IUII('Is, 171iNIU'YORK.wr,.NM_SYA4111O't.ItN .6D.f-.Nara, - C701—1 026 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 18, 1986 SUBJECT: CONTRACT AMENDMENT TO REVERE ROAD OFFICE COMPLEX DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S CONTRACT & BID SHEET ®FFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider amendment to contract for adding alternate #3 to the Heat and Air Condition contract awarded to Mebane Heating and Air Conditioning Company. NEED: The request-for -ids for heat and air conditioning was sub- mitted with an alternate for a gas pac as opposed to a heat pump. However, when the contract was approved it did not include the alternate. A considerable saving would be realized from having this g type heating system. From an initial cost of $1,950 we would see a payback in three years and ongoing savings thereafter. The contract only listed the $19, 000 for the heat pump and did not show the alternate cost of $1,950 for the gas pac. IMPACT: The addition of $1,950 for the alternate would not reequire any budget amendment as funding is available within the pro- ject contingency account. { RECOMMENDATION(S) : Approve contract amendment to add alternate 3 to the heat and air conditioning contract. SECTION 0021 FORM OF CONSTRUCTION CONTRACT 027 (ALL.PRIME CONTRACTS) THIS AGREEMENT, ,made the 19th day -of st in - the year of '19 86 by and between Mebane Beati .fir 'tio a Inc., P.Q. Box 7S6, mebane, North Carolina hereinafter called the Party of the First Part and the Orange County Board of Commissioners; through- the Orange County •• Manager's office hereinafter . called the art of the Secoriell, Part W' . , SSETB: - _ • • That the Party of the First Part and t the .Part _the- Second Part for the consideration herein amp re as follows: cope of Work: The Party of the First Part shall - furnish and . deliver all the materials, and rf'o • all of the work in' the manner and form as Provided ided '. by the following enumerated plans, s ifi tions- and' documents, which .are attached -hereto and made a. - .: part thereof as if fully contained erei Advertisement, Instructions to Bidders, General. Conditions Supplementary General . Conditions, : ' - Specifications, • Accepted - Proposal; Coat ract, - Performance Bond, Payment .Bond, Power of Attorney, Workmen's Compensation, Public Liability, Property : - Damage and Builder's Risk Insurance . Certificates, • ; . and Drawings, entitled: - - carr Building Renovation . - - Consisting of the following sheets Alas- A3.1 I A4.1, A5.1a Ml, P11 SWi, SW3, SW4, sw5 Dated: : and the following addenda: Addendum No. 1 Dated 6--19-86 Addendum No. , ate Addendum No. Dated Addendum. "No. Dated ' Addendum No. Dated - ® „ Addendum No. Dated Addendum No. Dated Addendum No.. at d '_ 2. That the Party of the First Part- shall' ence work to be performed under this Agreement on a 'date to be specified in a' written order of the Party of the Second Part and shall ' fully. complete al work hereunder within 180 (One h ed ei.ht consecutive calendar days from said date.. For each day in excess thereof, liquidated damages shall be as stated in Supplementary -General Conditions. The Party of the First Part, as one of the consider- . ations for awarding of this Contract, has fu ished to the Party of the Second Part a construction. schedule setting forth planned progress of the building broken -down by the various divisions or part of the work and . by calendar days. • - In the • event that . the progress of the work is not maintained on schedule by the Party of .he First: . e. Part, or in the event the work is not com l.et within the time above specified, the Party of t Second Part: may upon fifteen (15) days notice, sent by Registered Mail, to the Party of the First Part and his Surety, declare this Contract in default,. and, thereupon, such Surety .- 11 promptly over the said work and complete the fo take this Contract in the manner . �. within aed time - above specified, and all funds due or to become de r to the Party of the First Part , 11 to the Surety® . In the even€ the Surety Suretyshall fail to over the work to be done under s Contract wItlan fifteen (15) days after being so rmtified. notify the Party of the Sec. . Part irk writing, sent by Registered Flail, that he is king the e over and stating that he will diligently pursue complete the same, the Party the Second Part shall have the right to let the work :remaining to be done to some other Contractor, either public letting or negotiation, and thereupon the Party of the First Part, the Contractor, said the .. urety on. his Bond shall forthwith pay the _ Party of the _ - Second Part all increase in costar loss and d- r e T which it may sustain on account of such default on the ,part of the Party of. the First Part. 3. The Party of the Second Party hereby agrees. to y to the Party of the First Part for the faithful performance of this Agreement, subject to additions and deductions as provided in the pecifi ations or proposal, in lawful money of the United States. 5a follows: Ninteen thousand dollars Summary of Contract Award : 4 On or before th' 20th day of each calendar month, the Party of the Second Part shall make payments the Party of the First. Part on the on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the Pirst Party, less five pencent - (5%) of the- amount of such estimate which is to be retained by _ the Second Party - until all work has been perfo -',ed strictly in accordance with this Agreement and until such work has been accepted by the Second Party. The Second Party s,;,-y elect to waive retainage requirements after 50% of the work has been satisfactorily completed on schedule as referred to in Article 30 of the General Conditions . 5. Upon - submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred the First Party in connection with the construction of the work has been within thirty 0 days after the completion by the First Party of all work covered eefr•- by this Agreement and the acceptance of such work ..e .•• by the Second Party. 029 6. It is further mutually agreed between the Vparti es hereto that if at any time after the execution of this' Agreement and the Surety Bond hereto attached for its faithful performance, the Second. Party _ • be deem the Surety or Sureties upon such Bond to be unsatisfactory, or if, for any reason, such and • ceases to be adequate to cover the performance of • the work, the First. Party shall, at its expense, within five (5) days after the receipt of notice 1_ • , from the Second Party so to do, furnish an additional Bond or Bonds in such fo n and .• . ount, - and with such Surety or Sureties as shall be satisfactor to the Second Party. . In such event no further payment to the First Party shall be deemed = to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. • IN WITNESS WHEREOF, the Parties V hereto have executed this Agreement on the day and date first above written in counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original Contract. „ % ; . . Witness: . ..... 11 e_1)t Ii e._ 1. 0...t, Al -NA 2 4 C i • • Contractor: (Tra*e or Corpor- e Nam. • _ • AP BY: ecil&e -- V Aare - . (Proprietorship or Partnership) 2 . Attest: (Corporation) • Title; (Owner, Partner , or Corp. Pres. Vi only) - -- - ..• • . i, ''''N • ) • Job' ed, .„, /...4) ti--- e - 4. • _____ .1.,-- . t,..i. arTP- 4= AtmItt o!›.--E 41.c, . % LI • .. (Co R... Sec-i or Asset, sec. only) VV 'V :`; s44SIP 14c:1_1f ' "%teCeTRPORATE SEAL) ' ORANGE COUNTY BOARD OF COMMISSION' . Witness: V V V e •,, AO. # By; fe 1 1 /I - e*- - .1 . . - Title: te-.. ke • ... • • . - - ••• , •-• - -- -_,..:-7-,--7-. _ - 7---,.....r=-A- •+::::-.. .ct.;,41_,,- ;,..;-,. .:72-."--=..b. .7:".,-,-,,,, -'44"-'-.r- C-'''' ` • • • s n D S.] p S uU pp cn • w cm w 9. as . C�` n :� • NI.w �0 • 0 0 W rt • to • . N - 2 2 ZS . . _ �+ 22. mss; 4r ' ' 'liiiiiiiill 1, ...„. ° } ' rr a cd p COP Q 8 g, nacn u • .. v ,r.n �°' =vim, ¢ . . e,m___ nb . r.cro 4.,5,„. rr� . mre b • . ORANGE COUNTY BOARD OF COMMISSIONERS Action A enda frS ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 18, 1986 SUBJECT: AGREEMENT BETWEEN SOUTHERN RAILWAY SYSTEM D ORANGE COUNTY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) g INFO. TION CONTACT: MANAGER'S AVAILABLE AT 11/18/86 MEETING O�'FICE,X501 Hillsborough - 732-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider signing this agreement to allow Orange County to construct a sewer line along the right-of-way of Southern Railway property located at Efland. NEED: There is a need to construct an eight inch sewer line along the road and on the right of way of Southern Railway System to serve about three houses located on this road. IMPACT: There is a one time cost of $350.00 for the use of the railway right of way. This amount will come from the budget of the Efland Sewer project. RECOMMENDATION(S) : Approve the signing of this agreement. ORANGE COUNTY 032 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. 1 Meeting Date: NOVEMBER 18, 1986 SUBJECT: REVERE ROAD OFFICE COMPLEX CHANGE ORDER DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT:MANAGER'S OFFICE,X501 CHANGE ORDER TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider a change order to D. W. Ward Construction Company for changes within the building which were unknown at the time of the contract. NEED: 1. Install insulation above the suspended ceiling in the rear portion of the building. This was not included in the original scope-of-work put out for bid. Cost $1,989 2. Replace brick behind the front facade canopy which was removed. Cull brick was there previously and must be filled before painting ($156) . Paint block wall inside building where paneling was removed due to termites ($505. 00) . Cost $661 3. Install sheet rock in a section where ceiling tile does not exist ($503) and paint the ceiling tiles to match the remainder of the ceiling ($2,868) . Cost $3,371 4. Add an access door to the plumbing chase as this was not included in the original scope-of-work ($66) . Add a sup- port post to a four foot wall ($101) . 5. Change Order #1 called for removal of about 500 square feet of terrazzo tile. Removal caused the concrete to be pitted. A leveling compound is needed to smooth floor in order to lay carpet. �x#✓x � ,��`# ."' ta�r4`;£^,xYb, .s^,xrNra;s-r ,,. u:.� ,._,»w_....... ........:.... _ 033 Cost $293 IMPACT; The total cost for all the above items is $6,481.00. The remaining credit from change order #2 for roof is $3,440. The $3,041. 00 for this change order can be paid from the contin- gency budgeted for this project. RECOMMENDATION(S) Approve this change order. Cost $661 , . ., . . CHANGE S . . . Distribution ID: _ ORDER S OWNI,R K ° ARCI-1111:CT • . AM DOCUMENT G701 CONTRACTOR N 034 . FIELD 0 •• OTIAR 0 PROJECT: Carr Building Renovation - CHANGE ORDER NUMBER: 3 4 na me,address) INITIATION DATE:November 12, 1986 To (Contractor): ... ARCHITECT'S PROJECT NO: 5568 7, W. Ward Construction Company-1 P. 0; Box 15157 CONTRACT FOR:General Construction Durham, North Carolina 27704 L J CONTRACT DATE:August 13, 1986 You are direded to make the hdlowing changes in this Contract: . Item 1 ' 3 1/2" kraft faced fiberglass insulation above . all new layin ceiling s. (6800 sq.ft. @ 29csq.ft.) - extra $ 10989.00 - Item 2 Grout and rub scarred brick above front entry and patch and paint cinder block walls of plumbing store. extra $ 661.00 • Item 3 Patch and paint ceiling with 5/811 fire rated . sheetrock where soffit was remoVed 'and paint • existing 12" x 12" ceiling tiles. H extra $ 3,371.00 ' Item 4 Frame out access door to water supply and add support post wrapped in sheetrock at end of low wall in Planning Department reception. . extra $ 167.00 Xtem 5 8 units of levelastic applied to level floor -.. _ where terrazzo was removed. extra $ 293.00 Resultant Change Order Amount • ' extra $ 6,481.00 N s t solid unlit signed by Inith II»)miter and Art1111441. *.fitimittrat 1111 1114,01111rad kir ill4lic,th.,his agreement herewitli. int hiding any adjustment in are Contract sum or Contra)t lune. • the irriginal (Contrac t Sum) triNffirt41440/441iyilitiaish was ........................... $ 221.856.00 Net change by previously aulhorb,ecl Change Orders --- ....---—--. $ 40221.00 The(contract Sunn iribofija/10/1AWAtijiliftyyyttrir to this Change Order was ........" $ 218,416.00•'lice (Contract Sum) itiobw(MilliiihiNniiivl will be (increased) yyyprip d - WNW?) by this Change Order • $ 6 481.00 The new(Contra(I Sum) (AtehalcieWiNii4111AitAgbfincluding obis Change Order will he ... $ The Contra(t Time will he (increased) filktirkAWIiitilkiiiit4Oliby ten (10) days 224'0897 .00• I 10 I Day' The Date of Substantial Completion as of the date 4)f this Change Order therefore is March 9, 1987. Authorized • : CHR Associates D.W.Ward Construction Co. vCount of Oran-e • . 9oNiZiirm7"------- , 01;11N 1—t--• _ pAir ort Rd. P 0 B 15157 --- Atlihey.7-------"------------------ -__Jt. . OX Atlt In..% Atklir..s, • Cha el 441-1, 11_ -C. 2 5 Dnrhs Hillsborough, N.C. • m, N...Cilink______ - --7,- -,-------7,./._--- 1)U1 iZa,,,_,,e,..__Z 1./A 11E DA rE - • 414 DOCUMENT GM! • (I!ANN' 1/111H I ' APRI1 14711 1 P11 It IN * . Pr» • 1111 AM111 1(11'4N INS1111111 1 all A (111111 (s, 1711 NI W V111(1%• Vt..NAV.,W WIINI.ItiNt.Mt', ANL,. C701-197 CHR ASSOCIATES,PA . • Eno reef/4 Ai Plarnieng ImenarDesgto 035 Latxt.cape Rtcl'oh-ctur 300 Bohn C&-elt Center • PO Dianter2sm ADDENDUM NO. 1 chapo11111,NC 27514 919 942-5/96 CHR ASSOCIATES - 5568 19 JUNE 1986 ORANGE COUNTY COMMISSIONERS CARR BUILDING RENOVATION HILLSBOROUGH, NORTH CAROLINA NOTICE • BID DATE AND TINE • The bid opening time has been revised from 10:00 am, June 25, 1986 to 3:00 pm, June 25, 1986, • ARCHITECTURAL PLANS Item #1; Sheet A2.1, Floor Plan, Schedules and Elevations Interior Finish Schedule shall be revised and replaced by Interior Finish Schedule. See Attachne.nt A.. ' Item #2: Sheet A2.1, Floor Plan, Schedules and Elevations Legend shall be, revised and replaced by new legend. See Attachment B. SPECIFICATIONS • Item #3: Section 10160-2. Omit Ceiling-hung partition section. • Note: all partitions to be floor mounted, overhead braced. Item #4: Section 09510-2. Omit Type XI panels. There are to be no ceramic ceiling tiles. • Item #5: Omit Section 08520. There are to be no alminun framed windows. All frames are to be hollow metal. • Refer to Section 08110, STEEL DOORS AND FRAMES. Item #6: Each prime contractor shall be responsible for all cutting and patching concerning his respective trade. • 9 Finish Schedule • F.hOf RASE A Interior . ,. . ter ,_.,,,'„..„-1.....„.,.....?... . y f ,,. > �'• oLd. Ita Td= .;�!�- } , W _ ... ! ' miaarli;;;;Imatimiaa INIMMICIMIIMO MINN MINN ASSOCIATE 9 1f [ •n 9 i ,Y f @ ®• i 140.1EN . 11111 all 0 111111 111111111C31111.1, e ••'•�f •.9�� S Eq 1 yy'ms ' („y�..i` mi l'4 NM N � .ds V F IN . e ©.. - ' . F NNN D .■IRU NDN I R co N: fah r rl nosis e 1.7.,' _ ,. Pfc. . 4 1 w GeV. K r( PLAM: a 1 NEON • cow. . °.x. - • 4.?_ :NI II $IM s +bid tkI . N 0$ Q II ! x se-.1. nil AdiK.i. 5.x.-r.,vt.,P-r... r �Y _ A P ,..5„..,..,„ w ■ ,. , 1� . _ _ N � . .� « � id , . SNOW •—MR MI fi. •1111111111111.1111,- II III NNIM/NN `` ... . dN N laI n .� ( il ' --414 _4.... : _6 _ ........_. ...... __ 0 Pic.- 101e = ...,),..:. :',---, , - Finish Notes , _1) „Lt.. ? isy m7-iii-7, 4-17-7-0 n G c.&.^,. 4 Durr. • • fir'e 031 • .1 : - , • . . r,..)t. Ike r • ..,_._ ,.... , - Z- ";1 1 • -C '''''''''til la •,.r -.1%(2,.. Z. z ___ • . °V k•; ..... % : • a ;J. • r__ a) -,), io t %•k) , . 1 .4 1--- ( 1 0 1 _1 il lc 17- - _ t 1 i t 114 . s 7 .1 - ,,, J ‘g - • t- kl) 4 . 0 O 0 0 0 0 , 4 : 0 0 i 0 .. . 0 , 0 , 4t. , _ _ ., vim . .. . . . . .• ORANGE COUNTY 038 BOARD OF COMMISSIONERS Action AgApda ul ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 18, 1986 SUBJECT: LAKE ORANGE STORAGE LEVEL--ENGINEERING AGREEMENT AND PROPOSED SURVEY LETTER AND QUESTIONNAIRE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : `- INFORMATION CONTACT: MANAGER'S ENGINEERING SERVICES CONTRACT OFFICE,X501 QUESTIONNAIRE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider entering into the contract with Hazen and Sawyer for the design of flashboards and to approve the draft survey. NEED: The preparation of these items was requested by the Board at its last meeting. Engineering services are those associated with the installa- tion of flashboards at the dam thereby increasing the avail- able water storage. The intent is to raise the lake by one foot but for the design to be capable of raising the lake two m. feet. The questionnaire would hel p to determine concerns about and/or support for raising the lake level. Also answers to the questions would help the County Attorney to assess the extent to which overlapping titles exist. IMPACT: Cost for engineering is stated as a not-to-exceed figure of $10,000. Actual charges would be billed at a rate of 225 times the payroll cost of individuals actually assigned to the project. The total is expected to be less than the not-to- exceed figure. �xa �f 9 RECOMMENDATION(S) : Approve the engineering agreement and proposed survey. Ar HAZEN AND SAWYER, P.C. 039 a CONSULTING ENGINEERS November 12, 1986 • • Mr . Kenneth R. Thompson County Manager 106 East Margaret Lane Hillsborough , NC 27278 Re: Contract for Engineering Services . Improvements to Lake Orange Dam County of Orange Dear Mr. Thompson : Hazen and Sawyer , P. C. , is pleased to offer a contract proposal for continuation of the engineering services necessary to assist the County of Orange in obtaining additional raw water storage capacity at Lake Orange Dam. The proposed improvements to the dam are based upon an earlier report by Hazen and Sawyer dated March 22, 1985. Engineering services are those associated with the installation of flashboards at the dam thereby increasing the available water storage . The scope of services included in this proposal are as follows : 1. Preparation of design drawings detailing a flashboard system that will provide the capability of raising the normal lake level up to two feet to Elevation 616.0. We understand that the initialS increase in lake level will be limited to one foot to Elevation 615.0 pending satisfactory resolution of property issues restricting further increases in the lake level . The . flashboard • system will include a manual release system to collapse the flashboards during major storm events and a lease-line, telephone-based alarm monitoring system to alert County officials to impending high water levels . 2. Assistance in securing the necessary permit from the North Carolina Land Quality Section for modifications to the dam. The drawings and detailed calculations will be submitted to the Land Quality Section in support of the permit application . 3 . Assistance in securing bids from qualified contractors to perform the required modifications. We envision that the modifications can be undertaken through normal County purchasing contracts and that only minimal specifications and drawings will be required. We will review the bids received and make the recommendation. to the County Commissioners concerning award of contract . 4300 GLENWOOD AVENUE • P.O.80X 30428 • RALEIGH,NORTH CAROLINA 27622 • (919)782-8333 RALEIGH,NC CHARLOTTE,NC • HOLLYWOOD.FL • NEW YORK.NY _ . • 1 Mr . Kenneth R. Thompsqn 040 November 12, 1986 Page 2 4. Site observation of the work during construction. We do not envision providing full -time observation but will make periodic inspections during the course of the work including a final inspection to verify that the work has been completed in accordance with plans and specifications . We understand that the County is also contemplating modifications to various other water front structures to • accommodate the increase in lake level . We understand that our services are not needed for these improvements and have excluded these items from our scope of service . We propose to provide the above services under a salary cost times a multiplier fee reimbursement arrangement as outlined in the attached Statement of Standard Charges with a cost ceiling establiShed at $10, 000, unless mutually modified by the County of Orange and Hazen and Sawyer , P. C. If the above conditions are acceptable to you , please sign in the space provided below and return one (1 ) copy to us for our records . This letter with each of our signatures shall" act as the engineering contract for the above services . Very truly yours , HAZE AND SAWYER . P.C. - Ade, GordoniC. P E .- 9 • • Vice Presiden DLC/jhl • Enclosure • Approved by: • Don Willhoit, Chairman Orange County Commissioners • • ®' HAZEN AND SAWYER, P.C. 041 ENGINEERS STATEMENT OF STANDARD CHARGES Time Chargeable to Project Work is billed at 2.25 times payroll costs for time of principals and employees of Hazen and Sawyer and associated design professional firms directly chargeable to the project Payroll costs include base salary,vacations,sick leave,holidays,payroll taxes and insurance and pension plan. These rates apply to time actually devoted to the job and to travel required during normal working hours and on weekends to suit clients' convenience. Legal Proceedings Higher rates will apply to appearances and testimony in court and commission proceedings, and to other assignments where warranted ' by special circumstances, Expenses Chargeable to Project Expenses such as costs for travel and subsistence, long-distance telephone, telegraph, use of computer, reproduction costs, soil borings, laboratory work, and fees for special consultants, and surveyors authorized by the client, will be billed at actual cost plus • fifteen per cent handling charge. January 2, 1980 042 November 12, 1986 Dear Lake Orange Property Owner: Severe drought conditions over the past several months coupled with State Division of Water Resources projections of reoccurring water shortages on the Eno River in the future have caused the Orange County Board of Commissioners to reassess the various options for increasing available water supply. While most of this focus has centered on water transfer agreements, management strategies, and engineering study for a new reservoir another possible action under consideration is to raise the raw water storage of Lake Orange by a one or two foot amount above the current spillway level. Engineering has shown that either increase in elevation could be done under the design criteria of the Dam Safety Act. However, before a final decision can be made questions concerning land titles and property owner attitudes must be surveyed. The purpose of this letter/questionnaire is to gather information in this regard. You are one of the persons shown on the orange County tax records as owning land directly abutting the lake and are therefore asked to answer and return the questionnaire enclosed in this letter. By way of background, Lake Orange was built in 1967 to establish a back-up public water supply for Orange County. Raw water is captured at the lake during times of normal streamflow and stored until releases are necessary during dry weather periods to replenish the down stream reservoirs of Corporation Lake and Lake Ben Johnston. Orange County owns the land for the lake to elevation 615 feet although the current spillway only captures water to 614 elevation. Between 61,5 and 620 elevation the land is owned by Lake Orange Incorporated for the purpose of private recreation rights subject to an easement to the County for temporary flooding to elevation 620 feet. Land above 620 feet is under private ownership. It should be emphasized that this delineation of ownership is complicated by the fact that at least two deeds held by private property owners contain boundary descriptions which overlap part of the 615 to 620 easement conveyed to Orange County under its 1967 recorded deed. A one foot raising of the lake would permit a fifty million (50,859,456) gallon increase and an approximate 200,000 gallons per day safe yield addition. A two foot rise, on the other hand, would increase lake volume by one hundred and four (104, 542,384) million gallons and an approximate 400, 000 gallon safe yield addition. 043. Dear Lake Orange Property Owner: November 12, 1986 Page 2 According to engineering evaluation neither rise in permanent lake level would cause lakefront homes to be flooded under either a 50 or 100 year flood event since they are above the flood easement line of 620 feet. As an added precaution, a design for collapsible flashboards has been proposed to lessen the risk of flood damage. The flashboard system would include a manual release system to collapse the flashboards during major storm events and a lease-line, telephone-based alarm monitoring system to alert emergency management officials to impending high water levels. While not affecting homes a change in lake level could affect what is within the County's easement such as a portion of roadway connecting some of the lots, several private fishing piers and the boathouse near the dam. Orange County is in the process of considering which impacts, if any, should be addressed with public funds. Orange County has stated its intention to raise the lake level to 615 pending satisfactory resolution of property issues restricting further increase to the lake level. On November 3, 1986 the Board voted to: 1. Proceed with engineering design to raise the level of Lake Orange by one foot but for the design to be capable of raising the lake two feet; and 2 . Authorize the County Manager to complete a survey of the Lake Orange property owners to determine concerns about and support for the project. A questionnaire is enclosed to carry out the survey. By �? answering the questions Orange County will be better able to determine the extent to which legal problems exist and also be able to weigh property owner concerns and/or support for the project. Thank you for your assistance. Please return the questionnaire by December 1, 1986 by utilizing the enclosed, addressed envelope. Sincerely, Kenneth R. Thompson County Manager KRT/srs �4e 044 LAKE ORANGE QUESTIONNAIRE November 12 , 1986 1. State what it is you think you own to any land or interest in land below 620 feet elevation. Indicate the basis for this view. 2. Who has conveyed your property to you and upon what date? 3 . By what means was the conveyance made (contract, deed, etc. ) . 4. If the lake were raised to 616 do you think you would be damaged and legally entitled to compensa- tion? If yes, in what way? 5. Do you unconditionally favor raising the lake level to 616 elevation? 6. If your answer to the previous question was "no", under what conditions, if met, would you change your answer to "yes"? 1 045 7 . Please record any further comments you would like for the Board to consider. Signature ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT 046 Meeting Date: November 18, 1986 Item#CA SUBJECT: POLICY - APPLICATION OF AMENDMENTS TO ZONING ORDINANCE AND SUBDIVISION REGULATIONS *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X_No *************************************************************************** ATTACHMENTS: CONTACT: Marvin Collins TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 *************************************************************************** PURPOSE: To consider amending a policy established 10-6-86 which excluded subdivisions having received preliminary plat approval and planned developments from compliance with amendments to the Zoning Ordinance and Subdivision Regulations. The policy amendment, if approved, would further exclude subdivisions which were being developed in phases and for which sketch plan approval had been granted to the final phase(s) . NEED: At its November 3 . 1986 meeting. the Board of Commissioners considered the preliminary plat of Mel-Oaks Subdivision Phase IV. The subdivision was developed in phases, with Phases I-III having received preliminary and final approval. Lots in each of the first three phases ranged from 40.000 to 44.000 square feet in area. Phase IV of Mel-Oaks is a six-lot subdivision located adjacent to a street extending eastward from Phase II. The property is located in the Rural Buffer which presently requires a two-acre minimum lot size. Lot sizes proposed in the subdivision average slightly over 40,000 square feet in size. The Planning Board recommended approval of the six-lot design since sketch plan approval had been given prior to August 5, 1986, the date of adoption of the JPA Land Use Plan, and compliance with the two-acre requirement would result in differing lot sizes within the same development. 047 The Board of Commissioners tabled the item, directing staff to provide information regarding the number of subdivisions approved and developed in phases and which had received sketch plan approval for final phasing prior to the August 5, 1986 date. IMPACT: The Planning Department has reviewed major subdivision applications submitted for sketch plan approval and found 12 subdivisions which received such approval prior to August 5, 1986. Of the total, one sketch plan was approved in 1983, one plan in 1984, five plans in 1985, and the remainder (5) in 1986. Of all sketch plans, only one, Fox meadow Subdivision, is being built in phases in addition to Mel-Oaks. The sketch plan for Phase IV of Fox Meadow received approval on May 7, 1986 (42 one-acre lots) . RECOMMENDATION: Recommend approval of policy revision which would permit Mel-Oaks Phase IV and Fox Meadow Phase IV to receive approval based on lot size standard (40,000 square feet) in effect at time of sketch plan approval. No other phases of these subdivisions are proposed. All other subdivisions must have received preliminary plat approval prior to August 5, 1986. ORANGE COUNTY 048 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date .v- K.- _* :6 Action Agenda Item * (3 ,741 SUBJECT: Mel-Oak Estates Phase 4 - Preliminary Plan DEPARTMENT: PLANNING PUBLIC HEARING _ Yes X No Attachment (s) Information Contact: Eddie Kirk Application Vicinity Map Preliminary Plans Draft 10-20-86 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of Mel-Oak Estates Phase 4 for preliminary plan approval. This item was considered at the Board of Commissioners November 3, 1986 meeting. The item was tabled pending data collection concerning the number of subdivisions receiving sketch or preliminary plan approval prior to August 5. 1986, the date of adoption of the Joint Planning Area Plan and the establishment of the two-acre minimum lot size requirement in the Rural Buffer, NEED: The property in question is known as Lot 30B of Tax Map 117 in Chapel Hill Township. The developer (Calvin Mellott) is requesting approval of a preliminary plan the Mel-Oak Estates-Phase 4 to allow six lots, each approximately 40.000 square feet. The property is located in the Rural Buffer which presently requires a two acre minimum lot size. The developer is requesting the Planning Board to consider approval of the six-lot design since Mel-Oaks has been an on-going subdivision. Compliance with the two-acre minimum lot size would reduce the number of lots in Phase 4 to three. A plan showing Phase 4 designed to comply with the two acre minimum has been prepared. In both designs for Phase 4 Mel-Oaks Trail is constructed to State standards. The 6.3 acre tract is zoned R-1 and is located in the Uni- versity Lake Watershed. It is designated Rural Buffer and Protected Watershed II in the Joint Planning Land Use Plan. 049 IMPACT: Application of the two acre minimum lot size will have a significant impact on this request. Approval of the request would allow the development of six additional lots in the subdivision. This would result in an additional 60 trips per day entering onto Jones Ferry Road, bringing the total trips per day for Mel-Oaks II to 147. Application of the two acre minimum lot size would reduce the number of addi- tional lots to three and the number of additional trips per day to 30. Daily trips entering Jones Perry Road from Mei-- Oaks II would only be 117. The first three phases of Mel-Oaks contains 23 lots all of which were developed in conformance with the 40.000 square foot minimum lot size requirement. RECOMMENDATION: The Planning Staff recommends approval of the three-lot design for Mel-Oak Estates Phase 4 subject to the following conditions; (1) That lots 15 and/or 16 access to Mel-Oaks Trail. This will provide the minimum number of lots (4) that the Department of Transportation requires to receive access from a cul-de-sac. (2) There are no recreation areas or greenways designated for the site in the Joint Planning Area Land Use Plan. Another condition of approval is submission of pay- ment-in-lieu at the time of the time of final plan approval or within one year of preliminary approval whichever occurs first. The payment shall be equal to $372 and is based on the standard of 1/35th (0.03) of an acre per unit x 3 dwelling units on lots = 0.09 acres x $4135/acre (1987 valuation) . If the Planning Board elects to approve six lots, the payment-in-lieu would be twice that amount or $744. (3) That a landscaping plan be submitted showing trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be pre- pared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. (4) Show building setback lines on individual lots. The Planning Board recommends approval of the six-lot design for Mel-Oaks Estates Phase 4 subject to the following condi- tions: (1) That there be no further phases to the subdivision. (2) That the payment-in-lieu of recreation areas required by Section IV-B-7 of the Subdivision Ordinance be accepted and set at $744. (3) That a landscaping plan be submitted showing trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be pre- pared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. 044 LAKE ORANGE QUESTIONNAIRE November 12, 1986 1. State what it is you think you own to any land or interest in land below 620 feet elevation. Indicate the basis for this view. 2 . Who has conveyed your property to you and upon what date? 3 . By what means was the conveyance made (contract, deed, etc. ) . 4. If the lake were raised to 616 do you think you would be damaged and legally entitled to compensa- tion? If yes, in what way? 5. Do you unconditionally favor raising the lake level to 616 elevation? 6. If your answer to the previous question was "no", under what conditions, if met, would you change your answer to "yes"? 045 7 . Please record any further comments you would like for the Board to consider. Signature 050 (4) Show building setback lines on individual lots® Ft/ 0 _ . P/0 745 L . \k, 051 , 2565 C. ' 'AC.0 . -........, : 0•• ..., - '''' I . -. -I SEE 8 MEL OAKS -IV 37 - 2 Co PM 3 Property of. - X BINS!. ..... k,1-.0 L. Designation: Rural Buffer a . • Protected Watershed ... ..,-.....— Zoning District: R-1 and PWIE -.1 . 0 SCALE: 1" go 400' 2 . ci) . x - r A, - - -0. 2498 1 , . : i e i-0 0 AC. I el 446c SO - e 1 4 6 34 2 ••141 el) Aimak 3 7 AC AC CA z - • 27.4 1 AC. VIIIPC --401 1 N 776,003 c751N 41h, ?, t P/0 28 • .„, . ------% A RTED I OVERLAP 1 • , vo. . * - \ • a ci o • .0.-- el , DEERFELD In. - 0., al ....,. .,-- --* 4.4 • 1 • -,,,a • '' - PLAT EZa FOR TAX PURPOSES ONLY , Po2tAR " a os KtreNT -re% or moon Pf1C) rni\IN,IPVA hilt‘F GRA148PIAN- 1481-1-S 1921-.• 0 52 't/85 HEL-OAK ESTATES PHASE 4 QBAuss_satimix C R •N NS) APPRMALL P• LI I IA-Y PAI STAFF ASSIGNMENT. Eddie Kirk SKETCH PLAN: Received 9-25-86 Reviewed 10-1-86 PRELIMINARY PLAT: Received 109°86 Reviewed' - REVISED PRELIMINARY PLAT: Received Reviewed w.■ em..z.E.*.s....s.<m.a.= =o- . NCDOT: DATE 1 0-13-86 CERTIFICATION SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 10-13-86 CERTIFICATION UTILITIES (OWASA/Hiilsborough/Mebane/Orange Alamance/Durham) ; DATE Certifgcation OTHER: Recreation Advisory Council Datel Carrboro Fire Department. . (Date) Chapel Hill CDate) Carrboro Hillsborough (Date) Durham __(Date) • Other (Date) (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date _ __ Approval with Conditions Denrai HISTORY Date Name / of Lots A.proved Mel-Oaks 15 5-20-85 Mel-Oaks Phase 11 10 8-5-86 • Mel-Oaks Phase 1.1 9-15-86 (addition of Lot 23) • 053 (Orange MaLuttg Recreation 44 14 4 ,, -;°‘: 300 West Tryon Street It, 7 HILLSBOROUGH, N.G. 27278 Lue,e - d. Mary Anne Black, Director � ...s, : •ie Kirk, Planner �. .. - : e Black DATE: • ;: r 14, 1986 RE: eay Review 1 Estates, Upon revi of the preliminary plans for the pr... . ' l u s._ -. t Phase , Z find no elements warranting comment KX . a r-_ eats, N.y',• k pers °ve. As outlined in the Subdivision R-• .n ations as - tain S _,,. K. .:.0, rather than dedication of p ..:_rty for is eat• use, d r-. ,,, - sdi that the County accept a. ,- pa t-3 li of dedication for the subject property. you for the opportunity to provide these a . I will present my recommendations ndations to the Orange County creation - Parks i Council at their next monthly' e'* ,•: (:f a, ,,: . ) _ ;• will fc to you any changes/additional corments -y ha . /pbl Hillsborough, 732-9361 ® Durham, 6. 7333 • Chapel Hilt. e',,��_ �:-t i *. 7_ Area Code 919 0 . • ORANGE COUNTY PLA1NNLNG DEP EILLSBOROUGII NORTEK CAROLINA 054 27278 • 0,01, " .6■0111101:,‘ z icfr gi.s.po MEMORANDUM _ TO: Eddie• Kirk, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Stormwater Management Plan for Nancy B. Williams . Subdivision DATE: October 14, 1986 The Ordinance requirements relating to control of the first half Inch of runoff will be met by the large lot size, the vegetated swales along the new street', and the buffer of vegetation around the impervious surfaces to filler and ' absorb rUnoff . Control of the peak ' rate of runoff will be accomplished using the detention structure built for, the previous phase. If implemented correctly these plans met the Ordinance requirements® • 1 I Wr4.111T Warren Faircloth • • • T ?BM MINORiS PAGE 15 L. this lo . Collins note, that any further subdivi- , sion wo id have to come •ack to the Planning Board •• for app oval since Ur, subdivision was considered "major n classificat on® Discussi. followed about septic systems and repair fi -ids with jf es noting that David Hecht, Health I -pectore ndicated there should be no • problems i a syste should need replacing. Hubbard co, ented at he felt the rec,tiendation of - a sixty 60') if ot eass ent/greenway by th • e . Recreation an pa - s Director should be imple- mented Co1l s r tinded the Board that Oak Rise Subdivision wa t 'e first where the Recreation Director's re o endation for a sixty foot • easement was apt, • ed. A s .ivision was approved by the Cot tissi ners on - adjacent piece of • property without ; , easement. Collins continued • that his recott e ation to Ns, Black was that until such tim -s the Recreation Plan was adopted, that ,tuch reco endations not be sent forward- Be fe t that witho-,,t specific guidelines such recoramend- ions co, d not be enforced. Hubbard offer.; as a fri diy amend the require- ment for a 60 easementig .eenv.7. This was not accepted by amer but he asked that the Recre- ation Advis. y Council be in ormed. NOTION: Hubbard tren offered as • • amendment a 60 I easement/-, eenway. Seconded by Margison. VOTE: • 2 in fa er. 9 oppose . Yuhasz #ot tented that the ly easement required is the 0 foot drainage eas- , -nt as r- " 'ended by the S & E Officer. VOTE ON ORIGINAL MOT/ON: „.0.1 9 in f.vor, opp#-ed. m. Mel-Oaks Estates - Phase 4 CPrelimjpary} AFT Presentation by Kirk, - • This agenda item is to consider approval, of Mel Oak Estates Phase 4 for prel inary plan approval. • The property in question 7 • known as Lot 30B of Tax Map 117 in Chapel H111 Township® The• DRAFT PBM MINUTES 056 FACE 16 developer (Calvin Mellott) is "requesting approval of a preliminary plan the Mel-Oak Estates-Phase 4 to allow six lots, each ' approximately 40.000 square feet. The property is 1 ated in the (:_ Al Buffer which presently requires a two acre MI JM lot size. The developer is requesting the Planning Board to consider approval of the six-lot design since Mel-Oaks has been an --going [ subdivision. A second Mel-Oak Estates Phase 4 pl has bean prepared to comply with the tw. acre minim " lot size if the Planning Board d. s not approve the ' first request. The plan indicates, three lots, each being 2.00 acres in size. Both subdivisions propose to construct Mel Oaks Trail to State standards. 1 - The 6.3 acre' tract is' zoned R-1 and is located in the Uni versity Lake Watershed. It is designated Rural Buffer and Protected. Water . -d ' II in the Joint Planning Land Use Plan. Approval of the' request .uld allow the development of either three or six additional lots in the subdivision. This wtauld result in an additional 30 or 60 trips per day entering onto Jones Ferry Road, bringing the total trips pey day for Mel-Oak Phase II to either 117 or 7, depending on the plan approved. • The Planning Staff recommends approval of 'the three-lot design forV Mel-Oak Estates Phase 4 subject to the following conditions: (1) That lots 15 and/or 16 access to Mel-Oaks Trail. This will provide the minimum number of lots (4) that the Department of Transportation requires to receive access fr. , a cul-de-sac. (2) There are no recreation areas or greenways designated for the site in the Joint Planning Area Land Use Plan. Another condition of approval is submission of payment in-lieu at the time of the time of fit - 1 plan approval or within one year of preliminary approval whichever occurs first. The payment shall be equal to $372 and is based on the standard-of 1/35th (0.03) of an acre per unit x 3 dwelling units on lots = 0.09 acres x $4135/acre (1q87 valuation) . If the Planning Board elects to approve six lots, the payment-in-lieu would be twice that amount or $744. D* , T pa,M,VINUTES PAGE 17 • \ _ cgs4S, - 057 (3) That a landscaping plan be submitted showing A trees to be preserved upon project completion'? ‘§, ,c,,e1Ct • specifying their location and approximate size. -, e ,.... * % • Plans shall be prepared - d trs preserved in accordance with Section IVB8 • of the Subdivision Regulations. . (4) Show building setback 1' ,.es on individual lots. 4- MOTION S Best moved approval of three lots with Planning • Staffs conditions. Seconded by Kr- , . r. Shank lin noted that it seed more realistic to go for six lots as this would be the s' e of the surrounding lots. Jacobs tee that developments being completed in phases ._ . .uld not be begun ae, orte-acre lots - d completed as tw acre lots. Margison expressed concern . .t the Board should be . discussing property develop -nt in aggregate. 0 Jim Plymiree developer r explained that Mel Oaks would have preferred development in aggregate but they were unable to obtain the land at one time. . - Yuhasz noted that condition ti cold not be --t ai lots 15 and 16 have already been sold. - VOTE: 5 in favor. 6 opposed.•SECOND MOTION: Shanklin moved approval of six lots with conditions 2v 3 and 4. Seconded by Lewis. • VOTE: • 6 in favor. 0 5 opposed. n. H• iTestea. Hills Phase xr - elimi -ry) • Presentatio by Garrett. - This agenda to is to consider approval of the Preliminary P .n for Homestead Hills Subdivision Phase II. . The property n question is located in Chapel it • Township on the north side of Ho -stead Road (SR 1777) . It is refe enced as Lot 278 of Tax Nap 109. All lots would have access to the existing Drew Lane and proposed Drew Lane Extension (public) . The • tract is bordered 0-, residential development . d proposed rec eationa property ned by • Orange• . . - - ORANGE COUNTY 058 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 18, 1986 Actionllnda Item SUBJECT; PROPOSED AMENDMENTS - INSPECTION FEE SCHEDULE DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: Marvin Collins Proposed Fee Schedule. Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider for approval proposed amendments to the Inspection Fee Schedule. This item was first presented at public hearing on October 6, 1986, and concluded on November 3, 1986 . A motion to table failed as did a motion to approve with changes. NEED: On July 8, 1986, an updated schedule of fees for planning, erosion control and building inspection services was adopted by the Board of Commissioners. Since adoption of the schedule, it has become apparent that revisions are necessary to clarify certain fees and other "miscellaneous" schedules which were not foreseen earlier. IMPACT: The proposed amendments would clarify the application of fees to certain types of construction and plan review/approval procedures. In addition/ the provision regarding "Late Fees" would be incorporated again, and all schedules containing fees ending in $.50 would be rounded off to be consistent with the computerized permit system program. The proposed amendments would also add fees for various "mis- cellaneous" inspections such as the moving and demolition of buildings, commercial and campaign signs, swimming pools and radio/TV towers. Fees would also be established to provide for the reimbursement of Town of Chapel Hill Engineering Staff inspecting streets, storm drainage/ and water and sewer facilities constructed to Town standards. RECOMMENDATION: Approval of the proposed amendment to the Inspection Fee Schedule with the following changes. 059 1. Change the fee for "Moving Building "from $40.00 to $20.00. 2. Delete reference to "Satellite Dish" and fee. 3 . For "Prefabricated Utility Buildings" , change wording to read "Over 500 square feet" instead of "Not over 500 square feet" . 4 . For "Signs" , change wording to read "billboards involvin construction" instead of "billboards not involvin construction" . 5. Delete reference to "Campaign Signs" and fee. PROPOSED PLANNING FEE SCHEDULE (Underlined text indicates proposed changes) 060 Ordinance Amendments S 80.00 Rezoning Requests/Land Use Plan Amendments 120.00 + 5.00/acre Zoning Permit 10.00 Minor Subdivision Application Fee 40.00 Lots on Final Plat 5.00 Each • Major Subdivisions 1-5 Lots Application Fee 105.00 Lots on Final Plat 5.00 each 6-9 Lots Application Fee 210.00 Lots on Final Plat 5.00 Each 10-25 Lots Application Fee 315.00 Lots on Final Plat 5.00 Each 26+ Lots Application Fee 420.00 • Lots on Final Plat 5.00 Each Private 1+ . • Claes a (Less tban 500 fg-.et) 40.00 Class C (50 - - or pore) Class n Claaa A Bo.00 f -if-W, 80.00 Board of Adjustment-Variance/Appeal 80.00 Special Use Permits-Airports 180.00 + 5.00/Acre -Junkyards 180.00 4 5.00/Acre -Kennels/Riding Stables 120.00 -Temporary Mobile Home 60.00 -Community Center 120.00 -Cemeteries 180.00 + 5.00/Acre -Day Care Facilities 120.00 -Radio/TV Towers 120.00 -Temporary Buildings 60.00 -Transmission Lines /20.00 -Sorority/Fraternity 180.00 + 5.00/Acre -Recreational Facilities 180.00 + 5.00/Acre -Hazardous Waste 180.00 Facilities + 5.00/Acre -Planned Developments See below ' -Historic Structures 120.00 -Non-Profit Educational 120.00 Cooperative -Impervious Surface 120.00 Modification _ _.. -... wewasmoa i, l:,hxb r rcrvb4a -Extractive Uses 180.00 + 5. 0/Acre -Landfill 180.00 4. 5.00/Acre -Public Utility Stations 180.00 + 5.00/Acre -Group Care Facilities 120.00 Planned Developments 1--4 Units or Lots 195 • 5.0 it or Lot 5-15 Units or Lots 430.00 °- 54 knit or Lot 15+ Units or Lots 640.00 ▪ 54 it • or Lot. OTQ IC * - 'qc ''_. -•; Review s, ± :r v - tr r .. lot Cor,ridor, 40.00 SET C1 ° Rgyiew PROPOSED EROSION CONTROL FEE SCHEDULE • Erosion Control Plan (Maximum of $2,500.00) - Urban 75.00/Acre Rural S if 4 -, Grading .Permit (Maximum of $10,000 .00) Urban 150.00/Acre Rural 5.00/Acre PROPOSED INSPECTIONS FEE SCHEDULE (Underlined text indicates proposed changes) 062 LATE FEES Work performed without a permit shall b. . - 0 - to . Leg equal in amount kg the fees specified for Lb& wotk APO in Addition thereto. • ADDITIONAL INSPECTIONS • Additional inspections may be necessary through the failure to comply with applicable code requirements and are designated "Inspection Failures" .' The extra inspections .fee is $20.00. This fee applies to all inspection failures and shall be paid by • the permit holder before or at the time of ins. - tion. SCHEDULE A • New Residential Buildings (one and two-family) O '- 1000 square feet $ 130.00 1001 - 1500 square feet 160.00 1501 - 2500' square feet 220.00 • 2501 - 4000 square feet 300.00 4001 square feet and over 340.00 SCHEDULE B New Multi-Family Residential Buildings (Apartments, triplex, fourplex, townhouses and condominiums) First Unit 130.00• Each additional unit per building 65.00 SCHEDULE C Residential Repairs, Renovations, Alterations. kiai - 1 , cce 1. 1- • 0 - 2000 (Structural Changes) 40.00 • $2001 and over 40.00 + 2.00/$1000 SCHEDULE D Commercial, Industrial and Non-Residential Building. Alterations . Additions 0 - 2000 40.00 2001 and over 3 .00/$1000 SCHEDULE E Miscellaneous Building Inspections Mobile Home 40.00 • Moving Building 40.00 Building Demolition 063 40.00 C an.e of Occuoanc '/Use 20.00 (Existing Building) Satellite Dish 20.00 Curtain Wall . 40.00 • Radio/TV Tower 20.00 Swimming Pool 20.00 Re-Issue 6utdated Buildin4 Permit Same fees as 0. 1751 new permit 117242(igt929LELUZ1..nt 20.00 Prefabricated Utilit Buildin's 20.00 (Not over 500 sqouare feet in floor area and not invo/vin. . _ tullanic29.-.9JZ91J40. altruction) Campaign Signs 20.00 (Per candidate and with listin. of slim locations b Tax Ma. , !11522!5......PRgL9L...17Mber/ ler° .PJ-t.._!t9aiLqD Signs - Business identification 40.00 and billboards not involving 1 S construction of concrete footing(s) - ....43,3therAinL 20.00 SCHEDULE F Miscellaneous. Electrical Temporary Service 60Amp 20.00 , 60A - 100A 20.00 Mobile Home 20.00 • Sign Inspections 0 20.00 Each Gasoline Pump (All Pumps) 20.00 Iload Control Device 0 20.00 0 • (Per Dwellin. Unit or Commercial Establishment) O Miscellaneous Inspections 20.00 O Each Extra Trip 20.00 • , - .. SCHEDULE G - Electrical Service Changes Single Phase •30-50 Amp 20.00 60-100A 6.04 O 125-200A • 33.00 400A 5§7U4•Three Phase 20-50Amp 26.00•60-100A 0 0 33.00 150-200A 39.00 „ 400A 52.00• O SCHEDULE H Electrical Service Single Phase 0 • Three Phase 30-50Amp 20..P . O 60A 26.00 26.00 70A 33.00 33.00 _ 100A 1 150A 33.00 6 46 .00 33.00 • 125A -39.8 39.00 • 6 .00 65.00 200A '52.00 78.00 • 064 300A 65.00 91 .00 400A 78.00 117.00 • 600A 98.00 130.00 800A 130.06 195.00 • 1000A S 195.00 260.00 1200A 260.00 325.00 1400A 293.00 390.00 1600A 325.00 520.00 Over 1600A 33.00/100A 52.00/100A SCHEDULE I • Plumbing New Construction or Fixture Replacement # Fixtures 1 7.00 2 5. 10.00 3 14.00 4 17.00 5 21.00 • 6 and over 21.00 + 4 .00/Fixture Mobile Home 10.00 SCHEDULE J Residential Mechanical • Any covered ductwork or component 60.00 (Each system) Any exposed ductwork or factory assembled 40.00 components (One system) Installation of each additional system - 10.00 Replacement of one system 40.00 Mobile Home 10.00 MUITI7WEIY/Exposed ductwork (Per dwellin. unit) Mu ti-Fami- y Covered ductwork 60.00 (Per dwelling unit) SCHEDULE K Non-Residential/Commercial Mechanical Commercial Cooling (with separate distribution system. including - installation of a complete cooling system with the distribution • system, condensor, receiver, cooling tower, or evaporative condensor coils and air handling units, etc.) First Unit 40.00•Each additional unit 10.00 Replacement of a system 40.00 1 065Commercial Heating (Installation of a heating system including boiler, furnace, duct heater, unit heater, air handling units and air distribution system, etc.) First Unit 40.00 Each additional unit 10.00 Replacement of a system 0 40.00 Commercial heating and cooling (with combined system including the distribution system, boiler, furnace, ductwork.:,20e1.) First Unit 40.00 Each additional unit 10.00 Replacement of a system 40.00 Commercial Ventilation and Exhaust Systems (includes fans& blowers and duct system for removal of dust, gases& fumes, 0 00 vapors, etc.) , One system 40.00 Each, additional system 10.00 Hood fan commercial type cooking equipment 20.00 Commercial range or grill (each unit) Deep fat fryer 20.00 Oven 20.00- SCHEDULE L Joint Planning Inspection Fees All •ro*ects a. roved under the terms of the Joint Plannin. Agreement between Orange County and the Town of Chapel Rill shall pay the following fees •rior to the recordin. of a Siecial Use Permit or Final Flat of a ma *or subdivision: Street and storm One percent (1%) of the drainaeinvements, total construction cost of those imirovements to be constructed to Town o Chaiel Hill standards Water and sewer 0 IHE_EtE9211tiaLALL412 IMPI9,312M2Bla 0 total construction cost of those im.rovements to be constructed to Town of Cha.el Hill standards Where •ro *ects are to be built in •hases, fees ma be •ro-arated rased on t e cost o improvements scheduled in each phase. ..43,.+Wt.- ORANGE COUNTY 066 BOARD OF COMMISSIONERS ACTION AGFy�D ACTION AGENDA ITEM ABSTRACT ITEM NO. (j� MEETING DATE NOVEMBER 18, 1986 SUBJECT: Drivers ' License Bureau @ Plantation Plaza *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To consider approving a five (5) year lease for space to be utilized by the Drivers ' License Bureau, currently operated from Carrboro Town Hall . NEED: This item was tabled from the November third meeting due to needed clarification on responsibility of Utilities. Agreement has been struck with the State that they will provide for utility expense. In addition, negotiation brought about a reduced annual rent from $14,400 to 12, 000 for the 1200 + square footage. The escalation figure was maintained at 5% at the beginning of the third year. Since the last Commissioners ' meeting there has been resistance, however, on the part of the State in accepting the Orange County Sheriff Department as co-tenants. We are currently attempting a compromise to permanently partition a section of the facility for each function so the security of the Drivers' License computer equipment will not be violated during hours in which they are closed and the Sheriff Department is open. This remains a point of negotiation at this time. The Senior Examiner has advised that if suitable leased space is not provided for licensing function in time to vacate Carrboro Town Hall prior to November 26 they will close the Carrboro office and send the examiners to the Durham and Hillsborough offices. IMPACT: Budgetarily the impact will be $8000 for lease payments through June 30, 1987; $1200 lease deposit; $700 to install partitions to create suitable office area for the Drivers ' Licensing function at the Sheriff Satellite Office. This is a total of $9,900. Funds are available to meet this expense. There will be an upcoming budget amendment. RECOMMENDATION: Approve the lease for property at Plantation Plaza, Carrboro to house the Drivers' License Bureau and authorize the move of the Sheriff Satellite Office from the Old Police Building to this Space, if an agreement can be reached between the State and the County; and authorize the Chairman to sign on behalf of the Board. ORANGE -COUNTY • . BOARD OF COVIIISSIONERS ACTION AilA - ACTION AGENDA ITEM ABSTRACT ITEM ' MEETING DATE November'18, 1986 . ,,. 067 SUBJECT: -EMERGENCY MEDICAL -BACK-Up AMBULANCE--BUDGET AMENDMENT . _ - - . . -- - - - DEPARITIENT: Finance . ; : PUBLIC HEARING: . YES X NO ---1 . __. ATTACIVENT(S) : • INFORMATION CONTACT: Donna Wagner Proposed Budget AmendMent * ' PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9151 .. • - - CHAPEL HILL - 967-9251 MEBANE - 227-2031 - • - . • DURHAM - 68377331 ' . . . . . . .. . • PURPOSE: Consideration of proposed-budget amendment for additional EMS-back-4 unit. ... . . , . . . . , . . . . . . . . . . , . . . • . . . _ . . . . . . . . . _ . . . . . . ' - . • , . ..- . . . . . . . . . NEED: In the past, the County has had to rely on neighboring counties when.a rescue•unit was needed but not available, and when this was an exception . and not a pommon practice, there were no problems. However, due to substantial - increase in the number of emergency calls needing mediate dispatch, an . additional back-up unit is necessary. This will mean keeping an older unit - - in operation- and equipping it to function-as a full back-up unit manned by . . ' part-time person .nel, . . . - . , . . . . . . ... .. . .... . . . • , . - .. . . . . IMPACT: In order for EMS to begin operating an additional back-up unit, $5,200 will - be necessary to purchase a radio and $2,800 for medical supplies. Mese funds are available in the County Capital Projects Fund. ... There will be an additional impact on personnel related costs. Whereas, the extent of this impact .is yet to be determined:, and since "lapsed salary" , may be sufficient to offset any additional costs, the need for an amendment. . for the personnel-related costs will be determined in the Spring of 1987. RECOME'NDATIoN(s) : Approve the motion to amend the 1986-87 Budget Ordinance by the proposed amendment. . - . . — ' 068 ORANGE COUNT( PROPOSED 1986-87 BUDGET AMENEHM The 1986-87 Budget Ordinance as adopted on July 23, 1986, and subsequently amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT GENERAL FUND Appropriation: Emergency. Medical Services $889,634 $8,000 $897,634 Source: Transfer from County Capital Projects Fund 0 8,000 1 .8,000 COUNTY CAPITAL PROJECTS FUND Appropriation: Transfer to General Fund 0 $8,000 $T ,8-,000 Source: Fund Balance Appropriated 104,523 8,000 112,523 To begin operating an additional back-up rescue unit. Approved this 18 day of November, 1986. • , . STANDBY STATUS FOR OCTOBER, 1986 . • • • DATE # STANDBYS LAST UNIT NO .UNITS AVAILABLE 1 3 1 • 3 ' 1 4 5 2 5 4 6 . 3 8 3 • 2 9 3 1 10 4 1 1 11 1 • 12 3 13 7 5 2 14 3 16 17 5 2 18 4 2 . • 19 4 1 20 4 3. 22 4 23 3 1 24 4 1 25 2 1 26 5 3 1 27 5 ' 2 ' 1 • 28 ' 2 • 29 2 3,0 7 4, 2 31 6 3' 3. 102 36 SUkvIARY: During the month of October, 1986, there were a total of 102 times when it was . , necessary to have an ambulance in the center of the county for response. This ambulance was the last available unit in the county' 36 times. Nine times this ambulance responded to a call, leaving no available unit in the. county. 069 ORANGE COUNTY BOARD OF COMMISSIONERS Action Aga ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 18, 1986 SUBJECT: GENERAL ASSISTANCE FUND DEPARTMENT: COUNTY MANAGER/DSS PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501, TOM WARD X229 DSS Correspondence TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive a status report on General Assistance Funds and request additional funds for the laid off Saratoga workers. NEED: The 1986-87 fiscal year General Assistant Budget totaled $28, 000. Approximately $3, 000 has been expended since July 1, 1986, however, funds are allocated monthly with demand exceed- ing the monthly allocations. The recent closing of one half of the Saratoga Mill in Hillsborough will increase the demands for general assistance funds. Approximately 130 workers will be affected by the closing. The 1984 closing of Cone Mill resulted in DSS expending $25, 000 general assistance funds to aid the laid-off workers. Based on the Cone Mill's experience it is projected of $8, 000 will be needed to aid the Saratoga workers and their families. IMPACT: Although the new statewide AFDC Emergency Assistance Program and other DSS programs will aid the laid-off workers, the expected emergency requests will deplete the general assis- tance account before the end of the fiscal year. RECOMMENDATION(S) : Transfer $8,000 from the Commissioners contingency account to the Social Services General Assistance account to aid the laid-off workers and their families. 070 (Orange aunty Ppartittent of *print *truires 300 W. TRYON STREET HILLSBOROUGH, NORTH CAROLINA 27278 HOARD: 410 CALDWELL STREET DR.THOMAS DENTON CHAPEL HILL, NORTH CAROLINA 27514 TELEPHONE: CHRIS NUTTER SHIRLEY MARSHALL HILLSBOROUGH OFFICE 968-4301,9674251 RICHARD SMYTH BONNIE DAvis HILLSBOROUGH OFFICE 732-9361,7324181 mmmmommemawwwirm CHAPEL HILL OFFICE 929-0446 DIRECTOR: THOMAS M.WARD 1986-87 DSS General Assistance Fund (GA) This year (FY 86-87) the fund totalwas $28,000 which wasdivided between the Chapel Hill and Hillsborough offices and allocated by the month. Each office has $572 per month for the seven mild weather months and $2,000 per month during the five severe weather months. Rarely does a month go by that the total is not spent. The new AFDC-Emergency Assistance program may have an impact on demand for General Assistance funds, This program began on November 3, 1986 and its impact is not known at present. It is hoped the impact will conserve enough GA money to match the AFDC-EA program's 25% local match requirement. The quarterly expenditures for GA on the County General ledger shows approximately $3,000 expended. Since payments lag somewhat behind authorizations this figure shows we are spending the budgeted amount (3x2x572=$3,432) for the first quarter of FY 86-87. In the Hillsborough office 75 individuals received assistance with the average a little over $20. The average for the first 10 days of November was $63. The smallest amount was a $3. 76 perseription and the largest a $117.24 electricity bill. Un-less it is an extreme hardship we try to limit participation to one -time each six months with aomax- imum of $100. OCIM, Churches, etc. assist with bills larger than $100. Electricity bills amount to 40% of the payments, Medicine 20% and rent ' 10% were next in frequency, with food, lodging and gasoline for medical trips, gas for cooking and water making up the remainder. Payments are authorized when emergency is documented by eviction or cut off notices or medical emergency or emergency need for food. 1985-1986 Cone Mill Employees Fund and Special GA Fund The ConeMill Fund was administered by the DSS after being handled the first week or two by volunteers. The maximum payment to each employee was $200. One hundred thirty employees received assistance over a thirteen month period. Over twelve thousand dollars was authorized. On the average an employee received $94. Special GA funds during the two fiscal years involved (January 1985-June 1986) spent almost $13,500 from re-allocated or increased appropriations to assist these employees. These GA guidelines were liberaliied to assist with general monthly expenses to a max- imum of $500 each six month period. During this period one hundred seventeen emetgpn- cies were met with the average emergency just above $115. A total of fifty two employ- ees were assisted with these funds with from one to nine emergencies. The smallest total to one employee was $38. 96 and the largest $791.02. ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag n. a Item No. ki ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 18, 1986 SUBJECT: LETTER FROM MR. ROBERT HIGH OF THE FISCAL AGE NT SECTION OF THE DEPARTMENT OF STATE TREASURER DEPARTMENT: COMMISSIONERS PUBLIC ARING: Yes X No ATTACHMENT(S): INFORMATION CONTACT: BEN LLOYD X505 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To discuss the letter. NEED: This letter brings to our attention that the fund balance has decreased to below 4%. I want this to be discussed by the Board prior to the change of board members. This is of vital concern to me and to the people of Orange County. We also have a letter concerning this from the County Manager that we have not discussed. —' '-' `~--' - '-'--- -- '— } 072' *tate ' f Nora Carolina • ; �� � =�� � ^ n +n^ent o� *ate Treasurer H*nmwc (Bp,'cs State and Local Government Finance Divi,96m TREASURER and the Local Government Commission JOHN 0. FOuT DEPUTY TREASURER November 7, 1986 Mr. Donald WillhOit, Chairman Orange Co. Board of Commissioners 203 Lexington Road Chapel Hill , North Carolina 27514 Dear Mr. W17lhni1: Each year the staff of the Local Government Commission reviews the annual audit reports of local governments. Again this year, the staff was . looking particularly for signs of financial and~ budgeting problems the within � |e report. • We want to bring to your attention certain problems which are reflected in your audit report. The sale of bonds and the interest rate obtained in the market is directly related to financial management. We feel improvement in the following areas could enhance your position in` "p the bond market: The NorthSideAenUvations Fund has a deficit which should be funded in the current fiscal year budget [G,S. I59-I3( 3)2], • We are particularly concerned about the recent trend in the percent of fund balance available for appropriation in the General Fund. The following illustrates this trend: FY ended June 30, 1884 - 16,2I percent FY ended June 30, 1985 - 8.87 percent FY ended June 30, 1986 - 3.96 percent The amount of fund balance available for appropriation has decreased to th e point where it is now less than 4% of the total expenditures in this fuUd Based upon our observation, tux-levying governmental units have cash flow ^ problems when the amount of fund balance available for opprVpriati0D drops below 8% of the actual expenditures for the year then ended. • The federal government has cut, and will continue to cut, the mount of support to local governments.. Therefore, an analysis of revenue for each local government is needed to det erm i ne what leYel of f u U hm7ance is appropriate. It is difficult for units of government to reduce Spending rapidly. The largest portion of variable costs is salaries, and d Most units reduce salary costs through attrition. Even if a unit was willinU Co terminate ewplVyeeS, most units are on direct reimbursement for r unempl ' -``t compensation. Therefore. employee costs may not be greatly for the first year after termination The need for building alarger fund balance is apparent. Plans for reducing costs in anticipation future cuts should be formulated now. mwN.Salisbury Street, Raleigh,North Carolina m:o1 (919) 733-8004 An Affirmative Aoum/Evu^/0n»^r�n �l�nr�xo Mr. Donald Willhoit, Chairman 073 Page 2 November 7, 1986 Please advise us either in writing or by phone of the steps being initiated to improve the situation. 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R i.kI .4+ ` ,%;„T, J.t.e,{,}, .l•« .•" '-`,:mfi,• !r ffiY .* '4 ".',., 1 1 ;t tr'S ..as/ ';nff;. ' }' ,rr '' cis=.: w�, .: 4_'�. . . 1.,:!..,°-ggt l 1t4�'1..,',..1 ,•-r,V�� y t 3� 4.4• ..� 1 LAP}',. ' r` •!,• ': ..?,i ♦= �,` ct'v'_ rya r '-., x; r -1 h .41 . , r " ate. y�..• `.'.-,, ngiLY _, �xmyS.,�i%"4"r :}",- "Si'rs:t :;is sl..a if': ,,'`..Mi+`,i4',"-,-c"S' 2:7- ' •:'. s 1\ ',•,••••-•:•••••• •. , _ .. .. ......... •••• ..,•. , .,„ . ..,:..„,,•,•...:,,i • • 076 O R A N G E COUNTY V INTEROFFICE MEMORANDUM TO: Board Members and Board Members Ele FROM: County Manager ' SUBJECT: Fund Balance and Tax Base Trends DATE: October 29, x986 - The attached sheet was prepared by the Finance Director and is an update of an analysis prepared last year and submitted to the Board in a memo dated October 31, 1985. - As the analysis shows, fund balance available decreased significantly again during the year ending June 30, 1986'. This decrease was discussed in last year's memo and during the 1986-87 budget deliberations. Projections at the time were for fund balance to end the year at just over 6%._ We accordingly_ adopted a budget assuming that fund balance could - be restored tv an 8% level- over a two year peri©de Naw .it appears that a three year period will be necessary. The view of accomplishing it in two years was buttressed by the optimistic outlook at the time that revenue sharing, on a • partially funded basis, would be passed by both houses of Congress. As you now know, this did not occur. . The audit confirms our year end fund balance available to be 3.9% of the General Fund appropriation. To be below the 8% minimum recommended by the Local. Cove ent commission is an indication of financial weakness. It •u].d result in cash-flow problems in the future, especially if early steps . are not taken to begin to restore it to a higher level. Besides the fund's importance to meeting cash requirements the negative trend in the level of fund balance available • could affect the County's credit rating, resulting in a higher interest cost when bonds are issued. As a beginning step, I have put Into effect the following measures to reduce the level of expenditures through the year and thus increase the amount of underspending at year-end: (1) a delay in hirings, where possible, beyond the normal amount of time needed for filling Positions, (2) a closer examination of purchase requisitions to determine if a particular request can be delayed or Possibly eliminated, and (3) a delay on capital expenditures where possible. All of these steps will be carried out where they will not jeopardize the normal functions of the. County INTEROFFICE MEMORANDUM: 8610-502 Fund Balance and Tax Base October. 21, 1986 077 • Page 2 • and still allow us to meet the objectives of the Board. Looking ahead to the 1987-88 budget, with fund balance available at such a low level and the urgent need to begin restoring it to a reasonable level, it is not anticipa that fund balance will be available, to balance next year's budget. Another factor that will have an impact on the 1987-88 budget is the effect of the actions ta - by the State Legislature on the County's tax base. All personal property used for personal purposes except autos, , .bile homes, boats and motors, and airplanes is now exempt from the property tax. This could result in the loss of $120-150 million in the base. Also, the lowering of the schedule of use value, for farmland is projected to result in the deferral of $300 • 400 million of farmland from the base. This amount compares • to approximately $150 million currently (see attached s article on the subject) . This erosion of the tax base is taking place at a time when the County is adjusting real property values to market. Normally, the tax base would increase as a result of the revaluation and make possible a much lower tax rate. However, the loss of tax base will affect what can be done as to the tax rate. We will continue to monitor and ' try to project the impact of the various changes,. It will not, however, be possible to set folthe the full list of options as to the 1987-88 rate until we have gone through the • upcoming year's budget process. Kenne h R. Thompson KRT/srs • R S .1 ri •ri! Si 6I•' 0 tB b an _ '' 0 • 4 0 - 0 4-1 N . _ j .0 -.4 ■ dP dA di, OP 015 oto ele . —I g O N M O N Leg 41 H to _ U Q} m lQ v d+ cr SU CO M . • ,a rP rq U a w .. • . • • . 0 • • H . - °'i en • • 41 4 0 -44 • W &' cho 0) � CO J Cf •r t` Lt an f -H 5.0 rai 01 N 0.) M +, Re b it, � rd .� .� cr.5 W W aa �+ KC U • • O • • ' t7 —., , • 0 - - _ • • 0 to . • U to • • Q) .--i N u'► CO 01 N 0 0 >- rd 19 CO 4.4 r.- eP d' 0 41 04 E-f ' 0) ko 0 4.) O% 0- r- - 0 U 54 W r4 CV01 CO � COr04 0 - • , O *, t9 In 0 W a va•. � afm � -t. 0 ti • P • . • . 0 . . 4 to . 4 • • • 0 0� .-4 el 0 co ON CV i ti H °0 . ' 44 0) 0 41 tP? N 01 N Co '- CA 0 O ' `� t b t- to [� t? 1.4) H 1 0 M -PNNoN H 0 r-i O N V R0 CO ID 0 44 • v HPV N N - Dee a r� cry rn erg xn tsr rrr ig . 6; S U • 0 H N M V Ln 1,p at . aX) OD CO CO CO CO CO a+ a) as 01 al al al 0 r4 r4 e-4 r4rlrio-i 11 . , m d 000000'0 - rvt r*y4'14teatcat Ow (51) Qi au 4.) fli 0 Q1 4Y 41 4 • • - >4 W � h - . . 079 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag a ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 18, 1986 SUBJECT: UNITED METHODIST MINISTERS RESOLUTION DEPARTMENT: COMMISSIONERS { PUBLIC HEARING: Yes No , ATTACHMENT(S) : INFORMATION CONTACT: BEN LLOYD X505 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To have all County proclamations have full Board approval. NEED: Back when the chairman proclaimed the week of June 22-29 as Anti-Discrimination Week the ministers came forward with a resolution requesting that all future resolutions be a part of the written agenda and be approved by the entire Board. RECOMMENDATION(S) : Have all future resolutions come to the Board for Board approval. --------- AIIIIII11111111111 . . - . . . • . . 080 WHEREAS Mr. Don Willhoit, Chair of the Orange County Board of Commissioners has proclaimed the week of June 22-29 as Anti- discrimination Week; and WHEREAS the opening statement of the Proclamation is to be affirmed as one definition of American democracy, and can be affirmed • as a proclamation against discrimination; and . . WHEREAS the remainder of the proclamation is in itself discrimin- atory because it is based on "affectional oreintation" rather than citizenship or civil rights; and . . WHEREAS we, the undersigned United Methodist Ministers of Orange County, affirm our Church's statement that "homosexual persons no less than heterosexual persons are individuals of sacred worth, who need the ministry and guidance of the Church in their struggles for human fulfillment, as well as the spirit- . ual and emotional care of a fellowship which enables recon- ciling relationships with God, with others, and with self. Further we insist that all persons are entitled to have their human and civil rights ensured, though we do not condone • the practice of homosexuality and consider this practice incompatible with Christian teaching." (paragraph 71, The Discipline of the United Methodist Church, 1984.); and • WHEREAS we believe that all proclamations of a government agency . , should represent a majority vote of that agency to insure the . . - • democratic process; • THEREFORE BE IT RESOLVED that we the undersigend tax-paying citizens , . of Orange County, request the Orange County Board of Commissioners to review and consider Mr. Willhoit's proclamation on Anti- . i discrimination and publish its response; and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners ' • establish a process whereby the Board shall approve all procla- mations as a part of the written agenda of its regular public . . • . meetings. If this resolution is in opposition to current by-laws of the Orange County Board of Commissioners, we request that those by-laws be changed. , • ReVL—, ert D. 0i , ef (-7 . ( / ,. . .. _ Ite . Luke Bell . . AO' ' 1_,C t t g 4_:,a/e /400 ■-• "Rev. William A. -11.ykin . . . _ i .... ' • --- - - _ • • Rev. P i ip -'--. aynar. • Rev. Brian ..., .1) ,41011// 4r •,.- _e .. " . - - . e-- 4..,___. Rev. 'obert . Morga ..,./ . -04 Rev. M. Keit T omason = . . • ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA. 27278 pir7.76 4 1..F. N so° anDEAREMI. TO: BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER FROM: PLANNING DIRECTOR DATE: NOVEMBER 18, 1986 SUBJECT: JOINT PLANNING AGREEMENT • The County Attorney recommends changes to the Joint Planning Agreement distributed with the November 18 Commissioners agenda. The revisions involve Sections 2.3 B and 2.4 B and have been incorporated in the attached copy of the Agreement. (Changes have been highlighted by underlining.) They provide for identical wording with respect to application review procedures in the Rural Buffer versus the Transition areas and Town's extraterritorial planning jurisdiction. • - Marvin Collins Planning Director CC: County Attorney JOINT PLANNING AGREEMENT • ' DRAFT • September 16, 1986 September 19. 1986 September 22. 1986 October 8r 1986 November 13r 1986 THIS AGREEMENT, made and entered into this day • of , 198_, by and between the COUNTY OP ORANGE, a political subdivision of the State of North Carolina, and THE TOWN OF CHAPEL HILL, a municipal corporation duly created and existing under the laws bf North Carolina. • WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange • County-Chapel Hill Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint plannina Area. The area lying outside the extraterritorial planning jurisdiction of Chapel Hill but within the joint planning boundary designated on the Joint Planning Area Land Use Map, as it now exists and as it may be amended from time to time. B. Chapel Bill_ joint Development area (CHJDh) . The area•lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit Ar and incorporated herein by reference. • C. Rural Buffer. The area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land- Use Plan as Rural Residential. This area is further defined as being a low-density area consisting of • single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which •will remain rural, contain low-density • residential uses and not require urban services (public utilities and other Town services) . D. Transition. The area designated on the Joint ' P!-, , Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other Town services) are . now provided to this area or are projected to be provided to this area. . Section 1.3 Effective Date and Duration A. This Agreement shall become effective on the effective date of. an Orange County ordinance adopting this Agreement after it has been approved by Chapel Hill and an ordinance that amends Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement. Any previously adopted Agreements shall become null and void upon this date. B. ' This. Agreement shall remain in effect until terminated by mutual agreement or by withdrawal of Orange County or Chapel Hill. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notice to the other party within thirty (30) days of the public hearing. The • withdrawal shall be effective one (1) year following receipt by • the other party of the written notice. ARTICLE 2. ADOPTIONr ' ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2.1 Standards Within the Transition Area A. Chapel Hill shall prepare a Zoning Map for the Transition area and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection B of this Section, shall become part of the Orange County Zoning • _ Ordinance. The Zoning Map shall be prepared using, zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan for the CHJDA. E. Upon completion of the Zoning Map referred to in • Section 2.1 A above, Orange County shall amend its Zoning Atlas in accordance with said Map. Orange County shall also adopt by reference the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA. Section 2.2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2.6 of this Agreement. Section 2.3 Permit Administration Within The Transition Area and Chapel Hill Extraterritorial Jurisdiction A. Except as otherwise provided in Section 2.5 and 2 .6, the Town of Chapel Hill shall perform all functions related to , the administration of the ordinances referenced in Section 2.1 B. Subject to the remainder of this Section. Chapel Hill shall administer the referenced ordinances just as if the land were located within the Town's planning jurisdiction. Administration shall include but not be limited to the following: 1. Receipt and processing of applications;. 2. Issuance of any required permits and certificates; 3. Review and approval of required site/construction plans; 4. Conducting necessary site/building inspections; ' 5. Enforcement of all standards; 6. ' Any other acts or things necessary to administer the Ordinances;, and shall be carried out in manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by Chapel Hill. Chapel Hill may also charge fees for processing of applications, conducting site/construction plan reviews and carrying out site/building inspections in accordance with fee schedules applicable within it's extraterritorial planning jurisdiction. B. Whenever Chapel pill receives An application for A development permit relating Lo land, within the Transition 'area or wi bin its extraterritorial planning jurisdiction it Ahall ,forward, copies of the. Application to Grange County for reyiew. The, Town shall establish timetables ta, insure, that Or nge County has An. opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and Town shall provide for simultaneous review to expedite application processing; provided, however , the Town may not vote to issue or deny .a permit until it has received the recommendations of Orange County or until the expiration of forty-five (45) days after Orange County has received the application, whichever comes first. Section 2.4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2.6 and the remaining provisions of this Section. Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2.2 in the same manner as if the land were located outside the Joint Planning Area. B. Whenever Orange County receives an application for a development permit relating to , land located within the CHJDA Rural Buffer, it shall forward copies at the application 1...Q - Chapel Hill fox review. The County shall establish timetables to insure that Chapel Hill has An opportunity, ta snake • rec.m - tda i. , xecfaxdinq such applications within the framework at the Town's regularly scheduled meeting dates. To the extent possible, the timetables of the Town and County shall provide for simultaneous review ta expedite application processing:. provided, howeverl , Orange County may not vote to issue or deny a permit until it has received the recommendations of Chapel Hill or until the expiration of forty-five (45) days after Chapel Hill has received the application, whichever occurs first. . Section 2.5 Enforcement Remedies A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the individual or board authorized to issue the original permit. B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2.1 B are administered by Chapel Hill, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be Initiated by the Town. The Town shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys fees and court costs, resulting from • the Town administration of the • ordinances specified in Section 2.1 B. C. Orange County shall notify the Town and the Town shall notify Orange County as soon as practicable thereafter, of any such claim, action or proceeding. • Section 2.6 Text and Map Amendments A. Any proposed amendments to the Joint Planning Area Land Plan and Orange County Zoning Ordinance ('including Atlas) applicable to the Joint Planning Area shall require County approval. All such proposed amendments shall be referred to Chapel Hill for review and recommendation. Such review and recommendation on proposed amendments shall occur before Orange County makes a final decision. B. Whenever Chapel Hill amends the its Land Development Ordinance, it shall refer such amendments to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the Town may continue to enforce within the CHJDA of the Transition area the same standards that it enforces within its own planning jurisdiction. C. Proposed amendments to the text of this Agreement shall not become effective until approved by Chapel Hill and an Orange County ordinance adopting the amendment is adopted by Orange County. THIS AGREEMENT entered into this day of 198_. ' • Mayor. Town of • Chair. Orange County Chapel Hill Board of Commissioners ATTEST: ATTEST: Town Clerk Clerk to Board of Commissioners SUBDIVISIONS HAVING RECEIVED SKETCH PLAN APPROVAL AND LOCATED IN RURAL BUFFER *************************************************************************** aubdivision APProval Data 2f hOts Bowdens Bend-Phase 4 6-3-86 Fox Meadow-Section IV 5-7-86 42 Coffey Grounds 12-18-85 • 6 Bald Mountain 9-4-86 29 Melvin and Julia Smith 2-25-86 3 Everett Johnson S 1-22-86 2 James C. Boyd . 11-20-84 4 Union Grove Heights 12-18-85 38 Theodore Parrish 1-3-85 4 *************************************************************************** Notes: (1) Initial approval date of two-acre minimum lot size standard was August 5. 1986. • (2) Fox Meadow-Section III preliminary plat approved • 11-4-85 by Board of Commissioners. Section III final • plat approved 8-18-86 by Planning Board. * • (3) Bowdens Bend-Phase III preliminary plat approved • 8-1-83 by Board of Commissioners. Phase 3 final plat approved 10-17-83 by Planning Board. • (4) Three other subdivisions-Cliff Kirkhart. Roger Snipes and October Woods-received sketch plan approval, prior to August 5 . All lots proposed exceed two acre minimum. LEAGUE OF WOMEN VOTERS OF CHAPEL HILL/CARRBORO,NC November 18, 1986 STATEMENT TO THE ORANGE COUNTY COMMISSIONERS * PIANN;NaP I3DARD Re; Proposed nev1 -'lanninc- Agreement The League of Women Voters of Chapel Hill/Carrboro recognizes that much progress has been made this year under your leadership towards full implementation of the Joint Planning Agreement between Chapel Hill and Orange County. The adoption of the land use plan was a major cooperative achievement for which the League commends you. In order to continue cooperative planning, both jurisdictions must be involved in policy decision-making as reflected in the land use plan. The proposed change in Section 2.6 Text and. Map Amendments which takes away joint approval and replaces it with sole county approval undermines the basic concept of joint planning. We urge that this section remain as in the original agreement and approval of both jurisdictions be required. As to the proposed changes in the administration of the agreement, we point out that the original agreement has not yet been fully implemented. We suggest you consider whether it might be premature to begin altering the agreement before all its provisions have been put in place and given a chance to work. The original agreement provides that "upon completion of the land, use plan and zoning map. . . Orange County shall adopt, on the Chapel Hill Side of the joint planning area located within the ten and twenty year transition zones, that portion of the land use plan, zoning map and Chapel Hill development ordinance which shall be applicable to the Chapel Hill Side, " This has yet to be accomplished. The League is concerned that it not be even more difficult than it is now for citizens to understand by whom and how development page 2 Proposed new Joint Planning Agreement decisions are made. For this reason, it would be desirable to have the County' s joint planning agreement with Chapel Hill and the County' s joint planning agreement with Carrboro be identical. . The League supports joint planning as the best process for managing growth cooperatively in the areas of Orange County surrounding Chapel Hill and Carrboro. We believe it is, preferable to extra- territorial jurisdiction because it preserves the right of residents of the area to vote for some representatives making the major land use decisions affecting them, while allowing the Towns orderly develop- ment of the urbanizing areas. It also has proven to foster cooperation across jurisdictional boundaries, as exempfied in the joint adoption of the land use plan. We urge you to continue this cooperation. presented by Jeanette Gay Eddy 422 Westwood Drive 933-5486 • • ..141S1,11'.1 • A. g, • '4* North Carolina Department Of Human Resources Division Of Vocational Rehabilitation Services James G. Martin P.O. Box 837•Carrboro, N.C. 27510 Claude A. Myer Governor Director • Phillip J. Kirk, Jr. 602-1 Willow Creek Mall Secretary September 17, 1986 (919) 9674281 • • • - Mr. Don Wilhoit, Chairman Orange County Commission 116 West Margaret Lane Hillsborough, North Carolina 27278 Dear Mr. Wilhoit: • "People At Work" is the theme for National Employ the Handicapped Week", which will te observed October 5-11, 1986. The Orange. County Office of the Employment Security Commission and Vocational Rehabilitation invite you to participate. The observance of National Employ the Handicapped Week is but one of many activities carried out in partnership among employers, people with disabilities,' volunteer members of the President's Committee on Employment of the Handicapped and O community agencies in a year-round effort to achieve maximum employment of people with disabilities. Specifically, the observance has three objectives: To express appreciation to employers who have established outstanding programs and records of, hiring people with disabilities. To encourage those employers who have not hired a worker with a disability to look at the abilities, not disabilities. 0 To salute the achievements of people with disabilities who are contri- buting to their communities- and to society through their jobs. - We hope you will join our efforts by issuing a proclamation identifying the first week of October as Employ the Handicapped Week in Hillsborough . We will be sharing your support in -this effort with local media and hope to highlight one of our succesfully working citizens who happens also to be disabled. In the year to come, we will be promoting greater understanding of 'the barriers faced by persons with disabilities and how accessibility and opportunities for all people make good sense. An Equal Opportunity/Affirmative Action Employer • - - _ Mr. Don Wilhoit, Chairman - Page 2 September 17, 1986 I am attaching copies of previous proclamations for your information. Please feel free to contact me or Angel Alvarez at the Job Service if you have any questions. We look forward to a successful week and year to comes. Best regards, " alfr JA• ! A. Sedor, MRC, CRC �^. Rehabilitation Counselor . JAS:tc • Enclosures . „ Qty. of Cgarlotte) Nordi Carolina_ • Trodamation„ WHEREAS, significant progress has been made in Charlotte in the rehabilitation of our handicapped citizens so that they can experience the satisfaction of gainful employment and increased personal independence; and WHEREAS, these same disabled people, when employed at a level commensurate with their abilities and ambitions, do return in tax • revenues many times the original amount spent on their rehabilita- tion; and • WHEREAS, disabled people aspire to equality in the work force, self-direction and self-determination in their lifestyle; and WHEREAS, all citizens have a responsibility to work for increased opportunities for disabled people in the society - An the areas of • employment, of civic participation, of cultural and recreational . activities - and in acknowledgement of the contribution disabled people make in each of these areas; and WHEREAS, not only disabled persons and those persons in their families will benefit, but also the entire Nation, from their productive employment. NOW, THEREFORE, I, Harvey B. Gantt, Mayor of Charlotte, do hereby proclaim the week of October 7-13, 1984 as NATIONAL EMPLOY THE HANDICAPPED WEEK in Charlotte, and ask all our citizens to honor this observance.. WITNESS MY HAND and the official Seal of the City of Charlotte. red"I A • 4 M4 r ALAkada arvey Mol or -z: • 44; C - 1 - , • at S4eftt 41- ern ,-;t.--Ne ALDERMEN PAUL PAUL M. COX MAYOR ELLA J. MENGEL • - ',Avon PRO 7E14 /Wm-ropey 1. Boopsft , 1,.. CITY MANAGER BOYD C. MyERs. 11 ''te34'. P. D. CHAGARtS ANNETTE F.WesT Tom 1. Orme crry CLERK DONALD W. McDowELL Km D. NELSON cA Anutiptu Aurprist - CITYTRMIOWNER POUNDED fib PHONE; 633-5161 P. O. Box T1129 Pau Pm*pi...01. 28560 . . . PROCLAMATION WHEREAS, the week of October 7 - 13, 1984, has been designated as National Employ the Handicapped Week; and . WHEREAS, significant progress has been made in our community in the reha- bilitation of our handicapped citizens so that they can experience L - the satisfaction of gainful employment and increased personal in- dependence; and . WHEREAS, these same disabled people, when employed at a level commensurate with their abilities and ambitions, return in tax revenues many times the original amount spent on their rehabilitation; and WHEREAS, our handicapped fellow citizens have repeatedly demonstrated their skills in all walks of life and have made significant contributions to every facet of our community life, and are most worthy of our commendation and encouragement; NOW, THEREFORE, I, Paul M. Cox, Mayor of the City of New Bern, do hereby . proclaim the week of October 7 - 13, 1984, as; •NATIONAL EMPLOY THE HANDICAPPED WEEK .•. . in our City, urging all citizens, firms and businesses to join with me in a renewed effort to provide increased opportunities for vocational training and employment for handicapped persons, as a demonstration of our commitment to the principles of equality and justice on which our society is founded. -,--,-...A.,■ .S".;r;'''''.1.,:+.7, - ."4‘tifeN• , .7....t,""' _ . • l‘ i" .- ,...„,„,-,4?--,,,,f,r, ,- A, 1.114 •t* ' ' ' 1 I ,--4( , _..,. e i- ,. ..1-- ii, Z.,2-1 4 ,.....,....-- A —2, j 7 "....:4:::1±... ...,..... .414,.!.....,., ifer ,. ane•t-e—/hrt K07... •- .,.• ,-, ::1••:if: 4•••: .%,,,:1: 2 . .'1r Iqr■.-).,,,,,ji.,tilw. ,.....,,, , :: . • -..., --..r... , , .. -*--r,, it `" Fat."71. If'-r. Cox .17.& Mayor -p, E.:-..,41 Hi ' ,`",■.., V •City of New Bern, October 7, 3.984 . - ,....x* . ,r,,-.w.A&L - .-s• 4.--';*- 1•.(.4.L. -4+-5.- "/-''-" . . - . . „ . P.IN 2 934 . . . . . . . . Tim. . ,‘,-;;. 1 HE CITY OF KINGS MOUNTAIN Noy -- 2 Nu c., . _ ii..w:t.. NORTH CAROLINA _1...; .-,..., P.O.BOX 429 * KINGS,MOLINTAIN,NOTH R CAROLINA 28086• 704.739-2563. . . _ . . • ' '' . . . . . . . . . . JOHN HENRY MOSS . MAYOR • PROCLAMATION • - - • 1 ' NATIONAL EMPLOY THE HANDICAPPED WEEK - . . . . . . . • _ _ , . . WHEREAS, physically and mentally disabled people have been. 0 tireless in seeking out employment opportunities and • in overcoming vocational, economic, educational and additional barriers; and . • - - WHEREAS, disabled people have demonstrated to their employers • and their community high standards of performance . • and dedication to their professions; and 0 . _ .. . WHEREAS, disabled people aspire to equality in the work force, • 0 self-direction and self-determination in their - lifestyle; and . - ' ' • WHEREAS, employers, both public and private, can and do readily testify to the credentials and value of disabled . . - ' • employees; and , . , WHEREAS, everyone has the right to employment at the highest levels of which they are capable and this right is not .... to be abridged by reason of physical or mental disability; and - • • • • WHEREAS, despite past and present efforts.of employers to hire- . people with disabilities , the unemployment level of disabled people continues to be unnecessarily high; NOW, THEREFORE, I , John Henry Moss , Mayor of the City of Kings - _ Mountain, do proclaim the week of October -7---l-g-r-19-,g4—as 5- I , t VC. NATIONAL EMPLOY THE HANDICAPPED WEEK ' in Kings Mountain and urge public and private employers to take this opportunity to determine how the employment . skills and the employment needs of disabled persons cane best be utilized to furliiv the public/private goode'---, , . . 1110.11111111 • .... - , • ......., .:-.,„,t; • h„,_ _... ,,-,, -_- _. _. ..* ....Avg- •--torp•twitrawarai - :-:...:-... .....-- - ....• r. ::; r • 'a f . ,... . . , (SEAL) . - - -,- . - , Ala•I' . •--1 .‘t .4•1"" . . X,;-',i. The Historical City - . r a . . t ... .. t a. _ r .... _. „I . . .. .. li . . , . . . . . .., - .•:,J. --.:,. . : . Nuttil : Tarnittitt _. ..., -;:•-• .-...„_,...- •• " g, .-.-.. ,_ . , . . • ..,... .. •... ....„ ,...„.,...........,..,•'.1.*„. ....:4:::..,-7._ '1 • _ . :Y -.. =:7r -. . OEFIC -OP THE'MMAYOR:- • _ . .:::::::...:,..,. ,,,,s,... .„.........„...,..,..:::::. ...... . .. : .,• ' >. . . . r.o. . .„. . ... .., t•• . . .., . ... •,.• . • , °. - --. .� S_ Y _.F': , . .._ _ . _ . •. . • _ s WHET EAs, much pro zees has been 'ma de i n t.he‘ C tyQ y; atea— _` � _' ' , • ' ::ville�•to•:see-.tha our, handica 'ped' residents.a r�-r�# abi�:tt3td arid:;=; _^restore3--•trk':a :place in: Society; Where they,.fan' bs; Pzo3 :# r -' rd :7 _ ;; :-e conomical1 yR independenti and' - t, ;•„R : - ;- �_ WHEREAS; `these han dicapped perso ~•.' .',.. _:...:;;a� =� %K-;~, ns,: once placed .i :'-_;'- emplciyment are able t�•• .uitr�bi -:i,.-,;:.'_,': ~employment• b to return in taxes- many timies' the rigina :'.' '•-� : ' :in their -rehabilitations; and --_.. • ',...-,*--•:- -- ,;z: .- +♦'- ` - - WHEREAS,. it �.$ the,•re5 -.. • • --_ •, '.�'•' �::.-:�y:"-; -`•'-- .the:.d ponsibility' 4 a)z Of us 'to- sir'= teat _,: :., �,.• :y oors 'of opportunity are open: for• the se.. - "-rte �-=-♦- : pei:sons,::arla that t quazffiea haoacaper3;;: :, - , - ca abil t - hey ere given equal'=chance :to •pr'ove: the-ir..;:,: - -St', =•¢_=' ' %ties - .. .�•'._ - • . •*: - _fix.:.'... `. YTH�:R , not only .the handicapped '. ' -:- .:' ' •: - t,n,. _ '1` y . e han cappe persons and their-_faiail.ies , :.will- benefi.-t, but the entire economic s - .. will' bene fit. tractors `r►f=•Dual_ cpm a+unit from their production; Y�.. NOW,- THEkE�'ORE r /, David L. press] Jr" . � ' the week of October 7 13, 1984 as Y. ., do hereby pro laiim�- NATIONAL EMPLOY THE HAIDiCA ? WEEK' _ s ' in the City of Statesville urging all citizens, firms .and busi♦=- • nesses to join with me in a renewed effort to provide increased opportunities for vocational training and employment for haedi--. :. - • capped persons, .:s a demonstration of our commitment to •the. principles of equality and justice on' which our society ..is - 'i founded. • '_ _ . •. . • • 1 - _. � _ r .' . am -#Zr 4 ' _ . ....•,- -. . • . • .. _ . 4 - . f i.4;0 JP:/,FA .� � h Da '� L. 'reseal ..., *- : .� :• �',_ Mayor f 3r. { ` ♦ - r .. �-i .. ..r-rte_-.-r..ro.r.,w.•-+w.TY�.w • -.n . Ruh a.-.y-a.•,�-..-__ .�. T ..-- •_... _. . _..._ �-r.-. .. 1 • Olir 60 110. C • .. _ f ► �s fi v fp-3A . . ORDER OWNER ,; Al;l DOCUMENT G701 ARCITRACT ® :., CONTRACTOR i�,,,,�, FIELD U • OTHER ❑ ELM-Mery C0 i PROJECT; Carr Building Renovation CHANGE ORDER N (name. address) Corbin St. ' Hillsborough, North Carolina INITIATION DATE: October 16, 1986 To (Cot-Wm:1or): E. ARCHITECT'S PROJECT N(): 5568 D.W. Ward Construction Co. P.O. Box 15157 CONTRACT FOR: General Construction Durham, North Carolina 27704 L_ .___I CONTRACT DATE:August 13, 1986 . Ynu ar ■clir('rlt d lo make the following changes in This C.onlracl: Item One . Removal of drywall ceiling and related patching in • + plumbing store Extra $ 183.00 Item Two • New accoustical ceiling in plumbing store Extra $ 121.00 Item Three Removal of paneling, furring & base in plumbing store Extra $ 784.0.0 Item Four • Remove carpet and patch floor in plumbing store Extra $ 349.00 Item Five Install new carpet in plumbing store . Extra $ 2,963,00 . Item Six New ceiling height in central reception Extra $ 101.00 Item Seven Need for steam cleaning carpet in plumbing store ... , • eliminated Credit $ . 280.00 • Resultant Change Order Amount Extra $ 4,221.00 ' rt t,tlnl until signod by troth Ow chAiwr and AN hill.'i. tiiy;n.UUn.„t Ihr• ('runts(hn int)ic.tlr• his agreement pert-with, int hiding any,,Jlu.itnvnl ill the ('onlraui Sum ter('.ontr.ni hone. The original (contract Sum) (.;/1/r,4fik('/I/lyl4/4141/0/40/w1s $ 221,856.00 Nut change by previously authori'ed Change Orders $ The (Contract Sum) 4t/cy!,/,ybAsiginl1A iii ,I/t/If/t/prior to this Change Order was �. 4,195.00) . 11u ((:onlract Sum) /(/)/,yt/I/0/of/(y,lfjli//ref i(41) will be (incre,'si'cl) (/Ihgrr,(,(y[il/ii(J{iri �JI$ 214,195.00 by this Ch,inge Order $ 4,221.00 * the nrty (Cnnlrarl Suntl /(,/S/,yi,/tNt/ (44)<i/,A► 1:/Hit/inclulding this Change Order will he $ 218,416.00 , The CunlraoI Time will be (41M1/4E9fi/{kt(•/4t•ISA t( (unchanged) by - Thu I),,it' of Sub•lanlial Completion as of the dale of ihi; Change Order therefore is February 27, 1987 ( —0— ) Days• Authorized: CHR Associates, PA D. W. Ward Construction Co. • County of Orange .ARi I IIII( I (-O.y r ('IOK O1YNLK 730 Airport Road luu6 Communciation Drive \rltlnvs' ;\rl,Jrr�. ],06 E. .l+taxgaret Lane Chapel Hill, N.C. 27514 ntlrtM,r Durham, N..C. 2770}4- c,,,fJJ��,��,��� Hillsborough, N.C. 2727 1;■.._......_ _______ .......is .7...v DAN I)r1 rG .11A UUCUAnNI c7111 • dllrlf:(;r UKUIF • :\I'KII I'):U Immix • fl�yy+• + �- — 1111 .\aula( -\N 'NsIIlull 0)1 AK(1111I('tA, 1F IS NIIY 1't,HK.\\T., N-\P..\Y.\�IIIN(I;1(,N,•Hr,It11ty N strument has 'been preau manner required by ��� 7 the Local -Government ;_:n t an•': r icar Con.r4! ;lct. i rr►.et7hG: PLANTATION PLAZA CARRSORO,NORTH CAROLINA w � 4j vPLANTATION PARTNERSHIP 15 (11111 A FLORIDA GENERAL PARTNERSHIP ORANGE COUNTY, STATE OF NORTH CAROLINA HELEN A, SKINDER LEASING AGENT 1 _ T)45 LEASE made and misled etnto as al due. day d 161-- — h* A Plantation 'ar n- -, .. _. . *mg q ty esihce 801.Laurel Oak Drive Suits 410 •las a FL 33963 %snit rates sd to se 1.mdatn and • �-•. Oreille Count , State of North Car• kestins es memo me„"« 300 W. Tryon Street Hillaborou:h NC 27278 limb Muted ie as'Tes►sr '1 W1TNESSETM; Thai a eortsideratice d the rams.cowers es and ca>,6tions herein ass it,Lard lord and Tenant do busby covenant.prorwse an sine as bbwr MT1CLE 1 DE}7�D TOW • •1.01 The lobbing tents wherever used huein shall hew Ma klowbg'amino (al QEA45FD PRf7►0SE& Unit #13 (20'x60') 1,200 sq. ft. ± (1)UM tsar et Waite 10 be erected by Landlord,at do expense.as shco>rrt is Falrbit A . an Unit now or Washer as be erected by Tend.sl as expense.as shown in Erthbis (R) (=aeon d 1.01(a)11)ardor 1.10(b)(2)Ad be shams it EAR* C . 111) N MML TER?k Each Leaae Year Shall Terminate January 31 firon(5) yeift d y- lc) ANNUAL MQOJI 4 REM: Dunn the blind Term$ N/A per annum 1st Year - $12,000.00 2nd Year - $12,000.00 3rd Year - $12,000.00 4th Year - $12,600.00 5th Year - $13,230.00 (d)PERCENTAGE RENTAL: N/A %or Gross Saks,as Mein debted r enters d 3 N/A (e)GROSS SALES: The total dollar a,we d the actual mks peas. pod or unpaid. whether toe cash or on credit.of all sales d merdwndese and sauce and aft other revenues and ncome d any kind dented*testy at .ndrectty from the bananas*conducted by Tent and subtenants and any deparuneru renews or assigns at or from the Damned Premees, hos any lain tea. returns, mchangn. alowanees and *counts. manakin or merchandise from the Deemed Renews to other stores d the Tanned.and knee any{eyatpy sales urwd the sense become actual sales dy the tent%on tan'I new arum witch by law Ware not rnposrd on Tenant at any other party Pita Muds at retail by Tenant.but t2s me reposed on purchases from Tenant at retail and colecnble by Tenant Iron sash pyrchapets. (r) ESTIMATED COMPLETION DATE Com.lete • (g)DATE OF OCCUPANCY: The liras to occur d fi)the date upon winch the tenant rd)open for business.or Ili)the date upon wltcA Tenant's building shall be convicted an actordlarce with Eatubn'A'and the possession thereof sha tae rendered to imam or II). Tenant shall commence to pay rent forty-five (45) days after Landlord has advised Tenant that building is ready for Tenant's fixturing. (hD USE Driver's License Bureau and Satellite Sheriff's Office or similar Governmental Function (i)CrUARANTOR Orange County - State of North Carolina (ii) COI9401i AREA: The mate areas desi risad toe comma use ad banedt with the Shopping Center.incddi g but not by way d irtttatron,parting koti.landscaped and vacant areas.passage for trunks and auromobies.areaways.toads,w*s. curbs.corridors.cows and areaaets.taysthv met tacthiees suds as aashrapms.Ctenbet moire.tman s.drMaig kutuams.toilett wars.ramps,shelter's.contrives/1Y r'ooerta.Meta.bus stammer.and bailngdacha.watt brines wjgini but r°161"1"4 tesalthent plane Is)and searg POWs whether located waM x otsd as the SMppng Ceta 1 The owner for the ere being of the leasehold estate created by this Lean.whither it be the anginal inane.of any assignee under a old aseip es,and if at any tent more than one mdiwdaal or firm cornpnaes Terms.such work the eras such a dtvitab end forms,jesdy and severally. Intl LANDLORD: The outer for the tyre being d the Demised Premises,whether it be Ow aired Latelord or any waccesrora*tide, and d anti cite more than one individual a fart comprises Lambed,such owed Mall mean such i dwiduals and Gems,Ws*and seventy. AMMO O - PREI4SES AND TERM 2.01 PraMse .Subject to the tenets and caelltictshereof,Lambed does demise unto said tenant endless*doss take from Latdord for the hiss term the Demised Premises,together with n eotsabh rights of scam.ingress and egress,and dolts so joie used fetch perking anew driveway.,sidewalks and other common areas as Landlord shall provide from tints to time,whirhrialtts.halbs r toners=with Landord and otter claiming wider Landlord and shat be to UM such era only for the purposes designated by Liid rd.Landord hereby reaeeves the right at any tine to make alterations or adtfitions to and to bard addtional stores on the bulking in which the Demised Provisos are contained and lo build+efoining the sane.Landlord also reserves the tight to construct othn buldngt or ienpnthemei s it the ShnppigCentee of wliClh the Demised Premises are a part from time to tine and to make alterations thereof or adtfitions thereon and to dery ofah area d such budding or braidegs and to bad adieining the same and to construct double decks or elevated parking facieier. 2.02 TERM OF LEASE. The please'lien'or"Lease Term',as used in this lease.shad be the initial teen of this Leass and renewal item of this lease. ARTICLE l RENTAL y + 3A1 ANNUAL/ANNUM RENT: RENTAL steal on the&e day of the law and each annual anniversary date thereafter pay to Landlord at such tie as Lansford slip designate ys wnring from tine to tine,the antral nt+kie tan rent.Nonvidtssandeg the above.i die taunt is not n default under the tams of the Lease.the tenant may par the a awal mivasses dart a equal monthly irutalments.on the In t dry of a candor moth.then the annual minimum rent for such mash dial bs prorated upon a daily bash and shad be payable upon the date of c cupancy.d ei any tune dui*the lase berm the tenant is is default under any tenths of this lease.the Landed shall have the right to accelerate the payment of the Annual Atermsn Rent that is or would be due daring the lease teen and to demand.coded and receive horn the tenant the Annual Miranu m Rem that r or vivid be due dazing the lease tern The tenant rho'pay to the Landlord the reraaire erg balance of the Annual Minin.un Rent that is or would be due during the lease term aid+im ten(10)days d the date during of denhaad for saute from the Landlord. 3.02 PERCENTAGE RENTAL fah addition is tae annual h6nimhgn Rental hereinabove specified.with respect to any leave year during the lease term in which Tenant's Gnus.Sales std exceed the stun of_,N/A _ I• ) (hereinafter referred to as the'merman basis d Wee),Tenon steal pay to Landed as addtional rental an amount equal to the Percentage Rental.Percentage Rental shat be paid an or before the hvenne rat(21st)day following the end of each lease year.For the purposes d this lease,a"lease year shad be each suctetaiv*pesfod of twelve(12)comesvthe calendar months from the last day of the month in wink*the lease teem shall commence.Seim or arty period Receding the first lease year shad be ded in Gnoo Sales worded for the first loseyear. Tenant shag.on or before the twetty.hst(21s)day blowing the end of each haw year or low period'delver to Landord a statement shorn to be Tenant or(i Town is a corporation)by Tenant's chef fewtcial office.certifying the true mecum d Gross Sales pod such lease year or lesser period".The term lesser period',as used hewn.shad be any period begi uslg on the Gust(1st)day of any lease year and endng,by reason of the terminator of trs Lease.prior to the end of such lease year.In the event that a period of more or less than twekke(12) months shall be so required to be icitadsd in any such statemem then the mwtamun basis of sales shall be proportionately increased or decreased as the case may be.Cancstrendy aids the defrvery of such statement,Tenant will pay ao Landlord the annum of Percentage Rental thew*thereon ro be due.In the evert Tenant sublets any space or any department.Landlord or its repeeserwtives shall/Aso be furnished such statement from subtenants or departments. Landaerd or its duly authorised representative may.on regular business days and within reasonable office hours.inspect teiwu's records of gross sales either at the Denrud Premature elsewhere as desicroced by Tercet,provided such inspection is made tines twelve(12)meths after a statement of sales a furnished Lusdord by Tema and I knitted to the pared cowered by such statement.Sad mord.shat be kept is accordance with generally accepted accounting enmities.Aey claim by Larudord for revision of any stunner*of sales or for Percentage Rental must be made in writing to Tenant within twelve(12)menthe after the date such Statement of sales is mailed to Landrxd(otherwise it shat be deemed saved ty Landlord).d Lardoeds audt shall autos(a deficiency in Percentage Rectal paid for any base yew,Tetai shall prosody pay such deficiencies together with interest at the rated ten(iO'.f perms Per amens%if such deficiency is five IS%)percent of more,Tenant shall provenly pay to Landlord,et addition to the amount stated above.the cord f such au*.The Ionian:ing by Taut of any grossly inaccurate statement shat constitute a default wrier tin Lease and shall entitle Landlord,iumedlatdy and without notice to mere*any or al of the remedies set forth in Mick iX herein_Landlord wad hold in confidence all idorm+aoon obtained from Tenant's records except a any proceeding*cot action to collect the cost of such auto defruncy or with respect to a sale,monomer or leaseback of the shagging center of which the Demised Premises are a pan. 3.03 SECURITY DEPOSIT: • Truant has deposited with Landord the pan of One Thousand . leu.d n — t DOLLARS(c I n n n n t. Said deposit shall be And by Land)ord without labiity for interest.as security foe the faithful performance by Tenant of all the womb(the Lease.R any of the net herein reserved or any other charge payable by Tenant to Lan3xd Mel be overdue and unpaid or should Landord make payments on behalf of the Tenant.or if Tenant should lei to perform any of the terms of this Lease.then Landlord may.atlantic()and eithota prejudice to any otter remedy wfticth Landlord may have on account thereof.appropriate and apply said woke depot or so much thereof ate may be necessary to contperwte Lamdoed toward the payment of rev.addkional dune or roes or dteage sustained by Landaed due to such breach on the pan*Crown and Tenant shell kuthwith upon demand restore sad security to the origral sum depomted.$hank! Tenant comply with al of std teens aid Prcentsde pay al of the rent as it lads that and al other charges payable by Tenure to Landlord,said deyo■it shad be retuned in hid to Term at due end of the term.le the event of banlauptey or other credit-debtor placed:19s against Tenant. +l aecunewi shad be droned to be applied flex to the Minna of rem and other charges this Laniard for al periods parsor to the liiing of such proceedings.. Landords mortgagee win no be liable for security deposits unless it actually receives them. 2 Tenant shall pay,in addition to and with the rent.any tax mat may oe er.wv.dm.M ■.,,,,,...wM•••• —_..__, ..._•_ reserved heeewrdtrr or upon a(ease by any gry rnmefiI authority anew under any present or future law. U at the end of each tax year of the leas term and the amount of the addtiorul tent that was dee for real saute taws tot are owe the darned vex cured the L#xds estimate d sauna.the Wiwi shall pay such excess to the Latdotdem duaattd end of each tax yew of the lease term the amount d the addsimal rested did'wr de Tor red estate east the,are dogma h ageWt the demised premises I less that the Latdards estimate of swat due Landord steal refund the dllsrertn. • Tenant rhea pay to Landlord.as ads itional rad.Teen's praptxtimate share d the real estate new that may be laded against the Sheeting Center.The wnartt 0f taxes chargeable to the Tenant steal be the portion del taws added agriret the eh eeelg center as a whole Redden pubic area)in the ratio that the equate footage of the demised petnises bears to the aware footage of aalbueidngs ended it said shopping cantor.be any expanarn d the derie d premises.the ax bete fat the=panacea area wa be inabiirhhrdby the same formula as that used In the trap mates.(sines the farads asrnerated in this mode 3.0S.Ladord ehd at the befoit/d telwta ten and tad, we year thereafter W ntte the teal teats fasts the are chagabte woad ter denied protegee for that yam.The Tee let Shea rr the flat daydtheflaretermandeachamrualamtas aydatetstae akrpaytotheLatderdatsuchpinasLadedshdde getsIrtwain(oar time lo time said addsionel rental for real swats taxes that are estimated by the Landlord that en ehsrgsabh against the denied preemies for that year.Notwithetardeva du above i the Tana,is not n default under the terra of thin here.On Tenant may ply aid adtEteeal weal lor taxes'It'Huai monthly iiaalenente ors the test day of each month.in advance.OOMMereag Warn the fret day of the tease term wended_ however.n the event the first day dthe lase tam*halm*beam the test day decametre morn.than the aldlie s!rent for rest estate taxes for such month shad be paw on a dewy bans and shal be payable upon the data of rceutpwdey. At any that thing the lease term the Landed may nuns its waned d the real estate tastes that are chargeable against the demised Premises.The mama due iedw ties article 3.05 shad be attested to relict the new satinets of real estate taxes that are chargeable agan: the dirtied premises. 3.04 ADDITIONAL LATE RENT: • ' In the event the tenant does not pay the errand mrxmann raft gel*ten(10)days d its due date the Tenant steal pay to the Lardord a arddtioeal rent the sum d 5100.(5.The LatJoads right to receive addtiaal fats tent steal ben addition to al caws rights and reira6e evatlabte to the Landlord upon the default of the Tenant in mew the annual minimum retie when due ARTICLE N WARRANTIES OF LANDLORD 4.01 CWENANT OF TITLE Landard covennm.represents and warrants that it Ms ktl right and paver oo execute and tae lcein this Lease and grant the attain tide*go not demiseLherein I art any twat during the term hereby demised the which shad be exclusive dal remedies.shad be to annul and vac permit Landlord to gam the tam hereby demised.Tees's remedy. thin least` ARTICLE V DATE OF OCCUPANCY AND USE S.01 ADVANCED POSSESSION FOR FIXTL IG- Prior to completion el inprov nenta to be made by Landlord.Timm dial have the right and Pr viege(but at Sacrum rink)to receive store and instal its trade forums in or an the Demised Premien.provided.however.that mtcetvir%saorirg aid itetarirg shd be it a~sewn that vn i not interfere with Ladords wort wet that Tenau's Wily inns anae must be in Gil fora aid erect.he expretaly waddle such action*Tenant shall not carwitute accepamce of the Demised Premises ae being completed as required herein. 5_02 USE OF THE DEMISED PREMISESc Tenant wsi use the Demised Premises foe the permitted use OM!and for no other p irPoSe without the purr Written Cameral of Landlord. Tenant shall keep the Demised Premises open or buciless at least dung the usual business days and hours of Tenant's and occupants a retai and service areas with the Shac ng Center of which the Darted Premises are a part(whether or not such areas are yarned or coteoled by Landlord)which occupy City(SOS)pawn or more of the gosit fear mead such retail and serve,areas and in any evert twiot the usual business days ad hers is the beatify in which the Demised Premises we*wad of stores or savirce as abiehrenta of the type Tenant's store or serves estabfaleratre.Tame at its soh expose.shd comply with all of the requirements of al ironclad.state and ledera authorities now or Natalia'n force pataing to the Demised Premises Tetra shell not camera waste or any nuisance.Tenant we not dr any act ar thing in the Demised Premises or perm*the storage d any product therein which shat caw a eancdttion of any of L ws:lord'r enhaancs on the Demised Premises I try ube d the Demised Pretests by Tens at act therein canes Landlord's insurance rates to be named over the ram it dent In the Paraded Use geeraly.Tenant id.on demand.per to Landord de mouse of any such increase. Tenant fester consonants that it wli not(i)&play any merchaide or maivain any stands h horn of Demised Premsises or of the fine ga halcrehrr in the Shopping Center.Ill erect or maintain any barricade or scaffolding.which may obscure,the signs.entrance or show window a any other tenant n the Shopping Center.ar laid to Wafers with any such otter ten ant's bossism.(ar)crease ar maintain.any m lances. ihcbading wghoxe limitation the foregoing general language.bud noises.swnd dlects,offensive odors.and smoke or that for or about the Darted Premises of the common areas anbecax to the Dented Premises,or(iv)instal any equipment which wet exceed or overload the capacey d any ucity fealties located a or waning the Demised Preraes. - - ARTICLE VI REPAIRS AND MAINTENANCE 601 LANDLORDS REPAIRS AND MAINTENANCE Except as provided it the Lease a with respect to candmnarian aid damages carved by Gaudy,Lacked ewers to keep,repair arc maintain the waterier of the lathing(iiebrdeg the rod.antenna walls.kxdauors.gate's.downspouts and sidewalk canopy).the aommor aver.sidewalks.paved areal deaPdY pipes for gas(d arty)and water,drainage and sewer pipeslcaused by structural defects,but ex cbditgor &eey elcite ge).electrical wiring(but not any d the enamel or planting systemic"fbtwresinside the Derdeed Premises)n godretwo a al tines.It any portion d the Darised Prating which i the resconablity of the Landlord stet at any time be h need of repair.Laded wi promptly repair same upon nice*of written notice from Tense to do so.except that the Landlord shat not be obigared to make or pay fo try report to Tenant's acre b,icfeg re dered raceway by the fault.act ar negbgance d the Tens,or arty d its savant&agnatee tsnpbyee` or business irwitees,except in the use of damage by Tae ar the element.or other cesut(ey mowed by Landords Emend extended Cin erag insurance Landlord agrees to keep the common areas clear,to keep arch was hehted during hours of darling=whin stetaa gainly ar open for business,and to keep the panting area p.opetiy Paved.&f iced errd striped Wallin in the orderly ptuieiq of cars Tarporary closing 3 4.02 TENANT'S REPAIRS AND MAR,ITENANCE • Teton agrees to ke the Detailed Premiere a•h good condition and repair.excepting repair which are the respordslrr ot the Unclad ,w watch are made mosey by reason of In std odor unreadable aoudad Gowned by Lardord*ke and extended coverage>s+ucer+cs. aid eaceptirrg reasonable near and tear.Nrrhis etroh retail reeponaliatio d Tanen drat be Imbed,*km aids tad aging Undo:ft the Panne' dtereodi repairs,nriKaor s and nplac ewe d elm easdt"rdbe and Maki Wee=al airdor s and ears,bads kart'and exttn or,repfacem nl ol+ttN pbe !lam danetgsd or broke%Ig henl Ittbtras and inauior dray extentey 00 Winded%the meisdecuit breaker pans:and the normal tpkeso and mlabeentril d dr door sttrfscige or crush gl-Tate*MOO aWole to firrah heat Ind ate candel ewnp charges lot lush unites to be weed by it in the Denied Premises and pay el charges la,tech wain.ihduatgutemed lrniation. d water,pre.elennaty and sewer,elector,telephone,gas,decodes,connection feel.term on less,reaction and impact lea.Structure; changes,exterior aheratias or additions eo the Demised Pori see made only with I-e dears writer=Mot.The Thant vii it pernit are mediates or materel en's or other las to trend against the Demised Premises for any labor or mall iunrihed TenrN in connection with akaatione repairs a work al asoche acroperbemedaid eDemisedPremise*byorattheelnationdtea,andTerestewisaber(al Met s bond for 134 tuna the coat of path wok or(b)idertral a and hold toodiord sod L,andord"s mo rreog a hturraaara for note lens in connemdas with any week done or awe 10 be done by Tenant. CO3 LANDLORD'S ACCEtilk Landord,a L entlyds mort9 ,setatil a Laradords t Ad at al remand*thins haw access to the Demised Premises to dtrtennine whether Tenant i conch**with the terns and condkicavt of this Lease and eockterm a whether Landlord needs to perform an, week Maunder and to parterres at such pooh. GM LOSS OR DAMAGES OF TENANT AND O111f'RS: Landord awl not be bale ice any damages to property d Tenant or of ohms located on the Demised Premises.nor for the toss at or damage to any property d Tenant or d other*by tide err odhervwiae.Landlord steal not be Fable for sty irecy or damagr to Persons or properly re*kdting from ire.explosion.Emil platea,steam. electricity.water.Tait or snow Of leaks front any part d the Dtmisec Pren cos es from the pipes,appdhances or plunking works or from the rod,street or subpolaea or foam any other rector or by darrpt`rse orb, any other cause or whatsoever nature.Lanford that rot be table for any such damage eaused by other tenon err prisms it the dternisec Primrose.occupants s d adacert peophnty.of the Sharply Center,ce the prbk,or caused by operations in construction of are privets. pubic,as quasi-pubic work Landed shat rot be table be any e o n disci in the D e s i r e d Premises*,it the building of web h they'bem Poi esreeps fora period d are(1)year from the dale Tenet taker possession of the Detaied Pianists,Ai property idleol nt kept oestow any delnewieinc, ca theDttnrset Premises..tealhxen kept* don taWTenai Tenant's Towne shad hold �becausedbythe cart d dotage to the auto.ambling stabCOgaYcr wad act or Imo ogee ee*d Landlord. ARTICLE VU CASUALTY 7.01 RECONSTRUCTION: Should the whole or part of Tavern's btidng space on the darned premises be partially or toady destroyed by any casualty.the Unclad or Lardord's Monppe tray eked either to repel or retold the demised premises or the budding or buil:Ems or sow the proceeds w reduce the ban Ware*sod/or to termiusa Ire two upon Shill thirty(30)days prides nosict of such election it wrung to tehenk• During the period of damage or rec retrucdatr,the Arrwal Koloo n Renal and arty other chages payable under this Lease dial not abate. ARTICLE VW WNW DOMAIN (a) M the event that al or prbtterhtialy al d tM dowsed peonises shall be apPropr+ated to taken tindr the txxuse d.mien domain by any pubic or wan-public authority.this lease dud terminate and expire as et the date of such taking,and Landlord and Tenant shall thereupon be released from any further labTity hereunder.In the event es rreech as twenty(20`.)percent d the demised premises shall be appropriated or taken under the power of anon'domain by any public or quasi-pubic authority.Tenant dial have the right to cancel and town to this Lease as of the due d oath taking upon Saving Lanriord written notice of such election wiihirt thirty(30)days after the receipt by Toon from Lardotd of notice that said ponies have been or appre'tpristed or taken.In the event of such catneeiation,Laree rd and Tenant dual ttereuprxt be relined from arty Ardor easy under direr Lease and Antral Mrierran Rental for the last myrrh shad be appropriately Wonted. 1 a portion of the Leased Premises le taka4 or conveyance mode n lei thereof,and ides lease shall not be swanned a Provided n the Oreosallry paragraph then the Wands Annual Rent and the percentage rare bete(p ons sales istad)shall be ratably avpotioned according to the space so taken,and Landlord slot m hr own expemsa.restore the remaining portion d the leased pre lees to a complete architecture unit but oath work Thal not excited the scope of the work round to be donne by Landlord.1 arty.pursuant to$chedule'D"hereto.The cat d Landlords caryatid)hereunder dial be belted to that Portion Of the net practede of the condemnation award acnraly received arm attained by Lan lad wi'hieh are aiarabie to the leased prenw . bbl r tai Lease shad not be ten roared et in this paragraph presided,but shall confirms as to that portion of the demised premises whirr shat no have been appropriated or taken.The Anneal Minimum Rental shad be reduced in the nine that the ground flax area of the demises prerni es that such taken bears to de grand hoer area d the demised prsn*ms before such taking. • k)In the event of any rah tafciy.the share award or compeaatlen whether as cempestaalion for innwion in value to the leasehold or to the Ise of the demised premises shat be paid to and biddy to the L.nitro provided however.that arty award made to Tenant for"limns expenses or Ice the saki*d arty trade fixtures and equipment beloning to Tenant.however.in no evert shat Tenants award durwtsi Landords award. ARTICLE D( DEFAULT 401 REMEDIES ON'DEFAULT: la the event(a)Tenet Masks a pay+g arty rental payments hereunder,at(Id Toone delauks far thirty(=don after written toile diem'is pa kerrairs3 arty odic d its obigefone Wonder,e r(c)Tenant it adjudicated a bahlanpr,or Id)a pRrtnat»receivsr r app ours Ternsne's property,iuktchg Tenant's Warerlt is the Dined Premises and such receiver r not removed within sixty(60)drys cites Witte+ notice from Latticed to Tenant to obeait such renovator le)eesether vohrwrky or involuntarily.Tenant takes adwnelge diary debtor rtPe pro eedrgs order any present or future lawn.or(I)Tenant makes an'ingrown for boe5t of erase or is)the Demised Premises o Tessera's edicts or interest therein should be levied upon Of anached under process opera T o o n,not satisfied or ciooAred wi ha dirty(X days after written notice from Landlord to Tense to obtain satisfaction thereof:or(h)Termite vacates the Demised Pioneer or fads roeonduc k regular,routine bion eaa therein doing roormal business hours for a period d mere than thirty(30)days.then,and in any of said wow _OE Landlord warrants that the building, as constructed, is in compliance with all the local building codes, 4 • Leaner 111 Tommie,this Lease.in.which event Teat slid inrnediateliy surrender the Demised Premises to Landlord bin i Tenant to to do.Landord may this W harsher noose and witted prejuda to any Wet revs Landlord troy have for poueuice or Wu .trerp.weer upon the Dertesd Premises and expel or mum to Odds,by forced recaus%rri ian bang lab"to prceeeudel or a for der.apes thereof:or t2)%Whoa terminstitq this lease reenter the Denied Naiad by werfa y accolades'or otherwise,and it any WEN possess the Tenant.removes al p4 and property from do Demised Pre n des and such frecenet)r mey be removed and stored warehouse or elsewhere at the out d,and for the accoum of Ten ant,al without seines of malts a resort to lea uI crams and with d e e m e d 9dN d trespass,or becoolbft Itable t o any Ira or d a m a g e ethidh ahoy b e accarioned thereby.N the event of s uch reimtty. may mkt the Demised Pretties to each tenant or tenants for oath term at terms as Landordnoydeat wtihqut being obligated tot it the event d relating elhd apply the rest therefrom first to du peyasm d Landord'seWsros.ircitdtgauomeVe hesieoumetd t of Tenant's default.and the expires of taming ddud rig but not knifed w t e repeals.to novatence afteratfandthe Denied Pram then to the cement d runt end doter pane due hem Tenant her.mder.Tenn twttabtit$table for any ddcdwhis,.Su4Mde$cira+c calculated and paid middy.For de gnome oldie Pareseteft/AL Pereenteile nerd be lenteitob Poiodebelbeddered lobate o thereafter at a monthly rue owl to andlweMh(1/12)elf dui Pwcenorp Ratd Paid by Tenant with raped to the lest lull amen(1. period innweclately preteedrq such tembeston err money by Lartdarek preuidwL hotthtutie.that,it the event each termination or occurs peter to the end of the first lase year,then,forte purposes d des Paragraph 9.01.Parentage Redd for any sudsper : deemed to have contstwd dumber at a monthly rate equal to its total tiMindaY Peteat4gs Renal MOW by Team par Ionia ton or re.mtry divided by die number of maths it which Tenant has been open Ice business in the Demised Premises.No such r■ taking po ur ssiat d the Denied Premises by Landlord'hall be corguued as an docket on No put to tenriat,this Lease rnlesa- notice d such intention to be given to Tenant. NDtw idwendig any such reignig artisan retribution.Landord may at any One thereafter elect to terminate the Lease Retinue breach In additions Limited may,as agent of Tenant,do sheerer Tenant is°Malted to do by the provisions of ehisLeass seta the Demised Premises,without bong ibd to prosecution or any chain for damages thereof.in order to accompresh this purport Waft to reimburse Landord iamedat elY upon demand for any expwwa wfidt Landlord may incur It thus Oral's aomspbanee Law on behalf of Tenant,and Tema further agrees that L.andced dial not belif:k for any dannaoee rerukig to the Tenant from eu; tries caused by the rue neglosecs d Lambed. ARTICLE X INDEMNFICATION,LIAB TIY AND OTFER INSURANCE LO01 DEMED PIES BIDE e*ICAT1ON AND INSLBANCE Titers agrees to ntkmrly and awe lumina is Lexical l Irgm any cbn at loss by reason of an accident cm damage to p' property hopper ing an or abet the Denied Pmmnies aid adlaca t sidawafu aid loading docks or areas or occasioned whely or it any act at omission d Tenet,or its agents,cotdractee,enpioyses.*invitees.Tenant further agrees to trey.at its expense an al p orbit labrey insurance on the Demised Premises,in a winnow arty quaff ed to transact business in Florida.stipulating Geis c of not lea don 1; 50A.00 for arty accident&sa:e any one peream and noe less tan$ 1.(Kin.non-no kr any allotting more than one person;and cot Mesa than 1....300.000.00 ptapery damage.Al sack pokes shal be furnished to L shall amain endorsements waiving the imagoes right or subrogation meet Lanclard for any reason whatsoever,and shall provide tt days written-notice to Landlord prier to canadaooin a termloatiah 10.02.SHOPPING CEMER(L77CCLLIDEJG DEMISED PREMISES)INSURANCE The Landed dial obtain anal pert and feeble i bray durance potty on the Shopping Center excbsrirrg the denied premix sae d 0w insurance poky dial be pail by the Tenants of the Shopping Carew.The amours of insurance chargeable to the Torn tea potion of the insurance poky paid an the Shopping Center as a whole(echidna pub&areas)in is ratios that the square facto? demised premises bears tots square footage of all bearings emoted in said Shopping Center.In any expansion of the demised prem insurance base for the ettaaanson area wet be estabished by the weir formula as that used in the fast instance.Tenant agrees to net. Landlord with*+thirty 130)days diet pod of isurance has been tendered to Terme by Landlord Any payment due hereunder, Fixated ated as to the termisuon or expiation date of the lease agreerent. ARDC1E Xl ASSIGNMENT.SUBLETTING AND SALE ILO!ASSIGNMENT AND SUBLETTING BY TENANT: - Tenant may tea assign this Loess,nor sables the Demised Premises.ran permit the Demised Premises to be occupied or used b Persons at anti ties,without the prior wen=consent of Landortk provided,however,that such consent shal not be unreassnabist w and that even if Landlord that consent to any loch sseisrrnet.Tench shal remae Gable and responabte under the Lease unless fx specifically agrees others/au 11.02 ASSIGNMENT BY LANDLORD Lasdkird may assign by way of security or otherwise this Lease ce any part thereof or any right hereunder without Terane's consu any weft attign melt by Lamdotrd of its actin rawness it the Devised Premises.and was wire rights under die Lease(other than a assignment,Sul relieve LantSxd d any Murtha otatagation hereunder,except kern abtgetis s accrued at the tine of such anigm+n assignee assratss and agrees to perform the obhgario s of the Landord hereunder. MO SALE BY LANDLORD: The Landed may sd any and at of its interest it and to the Shopping Center or Demised Premises, ARTICLE X8 MORTGAGE SUEORC4NA710N 12.01 AGREEMENT TO SUBORDBVATE: This Lease that be and hereby I made subject and s ki:draw at at times to the ben or security tide of any mortgage gamed b . lord welch may now or hereafter affect die real property an wench die Dermal Peerises forms a pan,and to at reneuhvh.mbdif+c consoiirlltinrs.PentetPauans,replacenten$and extensions thee!The tam mortgage'as used it the Lease shal include deeds red deeds to secure debt. 12-02 NOTICE TO MORTGAGEE If Landlord that notify Tense of the tie or any mortgage against the Demised Pretttiees,Tenant agrees that in the event of ar ceniaeson by Landlord or any other occurrence which would gins Tenant the right to tertnirw this Lease,to darn a partial or total en 5 1 whch at the taunt alhal be a lien can the Dett9W4 a'tancK3 am 01 wncn a nee moils,w s,Rn acts.c61*1466rn. w%IMO•,11wv.,.•+s ry, eaceredine they 130)days for commute the tenedyee of ouch act at make OW Awe lapsed intwAng the grows of such maim ed • Landlord or such holder,with nascneble diginee,steal not ere so ctrrenenced and ccetemed to rare*such act or omraican or Arne tt same so be ne wiled - AIM=XI EXPIRATION OF TEAM MD HOLDING OVER 53,01 E7(PIRATION; AI the eapretton or caller tsrmitaeion d the his tone.Teraneshal wee*the benirad Premises together with al aMetalior additions and impro asoards In a part the d,is good eider and cardtion except Ice the eilooMp ardrwywear and tear,npsirstequh' to be made by Landlord,and tees or ammo by Inc the dames and other caaaaaky coastrsd by:n ranee,Al furniture and trade Emir *cad is the Detol ed Premises ad the emir*d Tenets or other occupant shell metnis the property of Tenant at stilt ache occupant at dial be swnovad by Temme upon the taentiafloat of this his Item. L10S HOLDVNG OVER; Is he atomics d tow warms agestusrt to de comely I Tema should realms b occupancy d the Demised Premise*a0a ti expiration d the lease terra it seat to amain to a Tenon ae suffranCe. ARTICLE!OV SIGNS 14.01 SIGMtar Landlord m y erect and tasaietan such tiger es t,in its sole deer*ion,may deed apprtmpriate to advertise the sheccing Center of whit Ow Demised Preff eel we a part. Prior to carton d any len permitted h w+der.Tenant dui submit to Lardlotds eppeow)thereof,which approval shed not t unreasonably witlheld.AI such ago erected by Tema dual conch,with al the reguirmr>ened of pubic ouhories heviig jutisd>a'on wi respect thereto,and Tenant wm1 Ihdere*and sate Linked harmless bum au dais or damage arising from or related to the rrentio miasmic.or vecmal of aunt signs.Landlord mews die tight*Pan*other tenants it do center on Phan phjiwstype or odierskire. Landlord deems It,to the wren*arms. ARTICLE XV CO/4MON AREA 11,01 COMMON ARMS: • The comma areas that at al ores be sided to the excktsys cawol aid nanaganaK d Linked and may be expanded.contracts• or changed by Landlord born tints to tine as deemed ds#sbh.Subiect to mesons,*,eaondascrimi sway rules and midst**to t promulgated by Landlord die Carew Ara is hereby made avaisbh to Tenants ad its employees.agents,customers.ianitees kx the maaonable nowt:464*We use in common with caber tenants.dada andaye a.agents.eumaners,invitees,and Landlord for the purpose k etehrclh corehructediavosio shat have the right*champ the areal,Itcatie>s and arras gemen+s d paMq areas and other Colwyn Areas;s new ihw,molly and terminre amerce*and oho arpenneres penaitig to the ups and mtinsemance d dr COMM Area to mud WWI by tenants.their edam agents and employee)to dssitmased areas wit*the Conran Area a amamot vatic*or elevate parking area and Waits to establish and change the Ind d paddle surfaces;nodose al or any ponion of the Canni n Ades to such ester es mnay,in the opinion of Landords count be necessary to prams a*dad=thereof or Ifs accrual d try flgrs to any Persona,to tF public therein:to dose tenperermly ary or al portions of the Common Areas;to decowaga noneuua err parkins and to do and p rlOr m ciao caber acts in and to aid mess and immovernests as,b the exardse d good buaiose judgement.Landlord steal deternnio to be addable able wit a view to the inproveitimt of the cpwnienCe and use thereof by tenants,their often,agents.employees and customers.Larded ma regale the payment to it of area enable lee or charge by dw pubic fx the use of al ar part of the Common Areas.witch may be bymeter c adhe wise;in such event a fees of charges so cleaned Mal be*pied in tedtactcn of the coats and experwsd aperaten and maenensrace the parking aced before such costs ird expetsaa are armee:nd among the accupa is. The Shoppig Center may be corwtuctrd rte stages and eansavrtbn Of lsty stages may necessitate the rearrangement and ahem ion c scale or al d the Common/fleas.Laded therefore,mauls die nets it its sole discretion to change,rearrange.alter.madly.c supplim e t any or all d the Cameo Areas designed he the ccrnrnon use and casrahience dal taunts to big as adequate limeades camntn at made available to the Tenant boat. Tenant and its employees shal pelt their cars only in type portion eat the Common Miss dleaianated ken tint to tins fen than prpus by Laniard Tenets shal kraih Landlord with State aasomob a Wane lumbers asi red to Tisanes car or care and cars of its encloser with hive(5)thee afw taking p season of the Premier and dial t heealter notify Larded of any Changes within into(51 days after suct changes*CON.w.I Tenant.or its enpbysrs Lai m perk their cars is the desiyuted Carmen Areas,Landlord anal have the right in is soi *action to(a)charge Tenant Ter(610.001 Wars per dam*ear parked in try Carmen Area other that these designated and/or lb) each cars)physically removed from the Stooping Ceder at Tenant's experts.without WAN seasoner to L,andord. Temaat's Mexahy Op.radne Ohargr on CAA(Ride WS) Tenant shall pry to Lsrdce d.at additional rant Tenants proportionate sham(*the can and expense of maMcdine and operating di Carmen Area. The Cartoon Area expimse chargeable to the Tenure shall be that potion of cur etpe tea incurred in operating an mairtairimy the Cannon Arm in the ratio that tw square loosage dal bwleSres erected at said elsocQing=far.to aril►expanaipa+of th demised premises.the base for the Minden area oil be esabidued by the same l merle as that used in the few:mance.Using the faunal anim rased in this article Laudoid shal at the bagmen,d the lesser term acrd each areal aasiserwy data thereafter alienate the Canino Area essaperwm that are d notabha aganst the denied pleases bar that par.The tenant shal on the lea day d the hate term arad etc would amrwesary date then pay to the La fiord,at sixth pun a.Landlord Oval designate in*Mktg hero taw to tine.said atdklsrna renal tar Cannon Meta expenses that am aanetsd by the Le his d that are chargeable against the denied premises Sr that teen Notwitlerandrig the abaw,if the Timm is not in default order the terra of this lease.die Te ant may pry said addi onairenti far Camino Arm exam**a equate madly irlstalames.an to he dry of gehh month.in advance.consuming wan the ileac dry of the leans tern gasid.d.h crewel.in the at the he dry d to lease scum and,ten be ee the he day d a calenir rands.then the admdleand ran It Common Area expenses for such mash dual be prorated an a day boois ad dial be payable upon the Owe of acomer cy At any time during the lease teem the Landlord may tease its amnia d the Caeamrxh Ares exeeua that are chargeable spew it demised premises.rho py nerea due under the article dial be adussed Io rodeo the rear estimate d Comm Area expenses the as chargeable against the denied pnemiteeh W at the end of each'Calmar.Area°paeang year'the mount of the adcltihnal rem that srae due be Comma Area experasp that to chargeabis avast the denied prestige aecend the Lardords ostirnats d sore,the tenant shag pay such execs to die Latdo,d c 6 me cfwgeebie again%the demised premeds r Jess than the Lahworo a aware or tarns ins urwrero vial mums ow onerancs.ror the - ourpose d the Mriciw the blowing definition and apply*.Each period d idol consecutive calendar months areas December 31.i el of truth period tend(al whin the tens of ter lame.shall constitute aVince Area opsr ij year".herein t led to ea'operable ysae".Antii Wain d an overarms yew benign tit date when die rents hrei*boha referral ause hence arse the b ei nnedtaetiM Iiasrstnelew -aid any blown al sty operating year arid*,du term heed begins'*as the end of the lot lull a niatigll+ar anal ccill ate a watoihal bacsiwW overarm expenses d.tM Comnwe Ara*Stich stud to apse to Swank*al terns.Each stoats arse exposer slid be this d aeitiairirhe axe operative the Common Area Whether located%Whin or wade the St appng Career)in a erivr t daatd by landlord rasart ll i and sppropron and for the beet Wantons of the Tawas of the Shopping Cantor bidding wit haft&Matiox,as eons and e xprnaa d operaeig,repining.g.iighlnp donna,paidtittt insuring(ixckor g labilly Inman=be perigee(roily,death and property Wily and Wawa wins' tire,theft or other catWdea)temosi e of debris arse turbo iota.eawr a ur u .naeity polite(bdudi s cage of wxiloeau,equipment and afi ampbyment taxed,demonic ieritsion and In control deerica and telephone dot system devices. Mupeatbg, equipment and Induce depreaatket.Workman's Companion.banana'wobble pasaxhd.Maki bands for lisorhst insurance opine'YEity for defamatlan used china of(alas arrest aaaig in and awe the Caamom Arua plate stun lima*br glass ombabel r savim the Common Ara,reaitktta of traffic,bee kw maim Icorm err soft taatse,cost and expense kw des rental of mimic peagrans servim%and loudapeaka wino,and all costs aid edxpeues father then thooedaapitsl aaeunldtrrpiaamsntdPooll A tuibe s tibris *.hasliw i.dvadwsye.perkily oxbow landscaping.Miiae%utilities and Using leclitkrs,to MOO=toddalal the above end be added aeint spud rotwang-/ e($%)thereof hdeay Wad construction Ceps d a capital muum,pc1A or interest n Lemked's ieuapaadt.we arse iarahce or deprecittion adder donor specked WNW • ARTICLE?MI tdSCELLA EOUS 16.01 NOTICE& Al notices,election,demands,requests and other corninwrications hereunder she be n Writing.signed by the pans mall the some and std be end by misled or registered United States mai,postage prepaid.addtesaen , Utilise* Plantation Partnership, A Florida General Partnership 801 Laurel Oak Drive, Suite #410 Naples, FL 33963 • To Terrsnt Orange County, State of North Carolina 300 W. Tryon Street Hillsborough, NC 27278 or at such ado address as may Washer be designated Owning by alb party hereto.The nine and date on which mai is postmarked shat be the tie and dace an Which such aonatanieatiah is deemed to ewe been given. 1i QZ OROIO RA—E Tenant shall indeenify and hold tondos Landord again and in respect d any and alders,losses.Iabities and teatimes Which may be eseemed spirit Landlord by any broker or other pawl en the tens d any asTanyarnanta or agreunehnts muds or alleged to have bean Bads by or on behalf of Tours in nowt of the aaroactisna heron contaepiated. We EQUITABLE MIEt>E& Except as specifically otxnnias provided.the parties aces that their abfigadairo hereunder snarl be enforceable by son:*performance, and that Landord and Tame shal be totaled to restraint by inaanctisn of the violation or attempted or threatened violation of ens of the tarn*.covernnas,candittt ore,provision or agreements of this Isase.Except where stated to be exclusive or sole,the specified re+rwdies to which the parties may resort under the terms of this Lease we anndatho and are rot intended to be ercitsive of any other tomato or warts of eadrow to which tither party may be iswiuly alieled in case of any breach or threatened breach of arty provision of time rase. O MM NO WAPd The lean by the Landord to main iv any ant CO MOO case upon tae strict bets strosnee of Wry d the terms.coventins.condNiorsk paev*ons CO agreements of this lease anal not be construed as a wig or a.elnquelorrsre deny such terse,covenant.=nation.proaaision. ere alpounow. 16.05 EMRtE AGREEMENT: This base cancans the entire ageere t between the patios hereto,and no promise&agreements.condo so or atipulatiors not contained hutch shed be bracing apse either party hereto. 16.06 LANDLORD RIGHT TO CURE In ribs event Tenant should tai to perform any of itsobigations Wander.n adision to any other remelts provided herewder or by law, landlord shall two the ri¢tt,all ita option,to perform such°Moot ns on bdaad of Tennant st any tine.In itch meat.Tenon shall pay the - Landlord.an additional naval Wounds:,al costa and expanses so ncwred by Landord incising reeeceieble attorney's lees upon demand. Al such anima shat bear interest et tit rata of ten 110%)pews Goan the due such mum are limed and paid Mil?CAP170N*x - The eaptians and headings thsuu¢eut dice lease are for covatnience and reeferenca only.and the wards contained therm shat is Mow/ be held a deeead to dens.Writ.descebt,.x '.,rrhoddy.WO*.err add to the interpretation construction OF meaning any provision o1 or the scope or seiner at ere Lerase,nor in any tray meet thin Lange. [WAS SUCCESSORS AND c Tie Leans and each ad awry provsivn hereof.slid be lining upon and shed inure to the bens&of Landoed and Tenant.their nespectne successors.m oos-it•dt4,Is rapresantative.heirs std assign.to execute any i unerere s which may be necesiirV or appropriate to Cary an and execute the purposes and arena is secateurs.succesaoes-Ortide,legal repraasaaws.heir and assigns.to enema any and al such itwumenes. 16,09 SEVERA8LJ Y: lo the more any prvuiri et of U741.41314 held Obi inward or witicrceable.such iwarcty a w entarxabity shall not elect the val;ditY or traforesabdyr d any other proven Woof. 7 No change or modificannn of this Lease is held to be valid or binding upon the panes hereto unizsa such chinas a max anon shah to email and pad by the party against whom dr see o sought to be enlaced. 111 II NUMBS AND GENDER: • Whenever mound by the canes,,the singlet ameba,did itcbads the kerning add mum. I&1E ESTATE FOR YEARS: This Lew steel be eaimvuad as aereig an Isar be yeas. ti,L! STATUS OF LEASE~ The Landord and Tenant each agree to catty it ardep thereon d the lease and the renal WWI hereunder.at any tines upcm rise date written notice.Such caffein INA be it a beta temonably aab:tory to era On nn totalauahorityapubic agtncyeyrit pee¢haeer horn or assignee aaub-leadedorhoderetasasuriryirtnanentesecuttdby.LanderdIC TaWd,a rhea ntnog WAD ad& q any other ito a,a Naked.Inch c erttpate did certify the commenearne t elate of the law loam and the anticipated termingdon 6 thereof,shahs.se not this Lase it is lnl bra and whether ar,rot this lee ha,boar amaw9ad a teod•ed.a eL V so.sper.Eyi<g Peek:i t of oath arnendwain modikation,andaatading copy of meth aenaedmeolornae on to the certbM,sehedsa'ornot lases to in dam/4 aid,d so,ye Tying the pa leers d ouch default add the action seemed to remedy b and whether or not thole ars.. atolls what or defames to the enkecasent of the tame and earldom of this lease.and l to,apedp e1 die perdeehra d such ono h 11.14 COUNTERPART& • This lease has bees mead d n a rewntbe of cenreerparts,al chehieh shall be al pppoca be deed an original.btndna or Land( and Tement. 16.11 DELAY: r Ladord or Tenant is delayed or prevented from perlonraa any d its**prone under this Lease by mooned d stigm a lobos trtd or any auricle cause whatsoever beyond Laniards or Townes rea scnable coned,the perasd at such dads a such prrallti n he deemed added to the tine heirs paneled for die perfonninot d any such ob"igs'"a by Lacked or Tenant. ' ii.$APPLICABLE LAW: This Ise dial be gowrened by aced construed in accordaeee with the taws d the State of Florida.The versa lac any aliens dal bs Collier County,Florida 16.17 MLLES AND REGULATION& TM nis ad ectioaiorn•,.i1 any.apluerded to this has are hereby made a part of this Leases reelTeen gees to ecenv)with i abeam the arms.Teat's haute to heap and observe aid Ma and mad/done slid care t a,a breach d the tams of tier Lease b manner as d the sane were ce ntai ed Wei n m cauas o&Laid reams the right from tine to tine to anwd or aupplanent said n and regulations,M say,or(il none are appended)to make miss a d resplatkos and to adopt and peonsigate additional nub ad reyuiaei appicable to the Owner)Premises ad the dewing ewer. Notice of such eddy onai rub aed renratae.rd amaedti . supplements,if any,dial be givers to Tenant,and Tenant agrees thawspon to cern*with and observe a1 such rules and mirrors,ors,: ign reline to thereto. - KIS NMI Throw(3) Ridafs)eaesitirg of one 1 pallets)each Were attached hereto and mart a part hereof. ldh$SALE OF CONTROL; VTenstt is a corporation and if any traveler,sale.pledge.cc other descanted any d the cannon stack*flews shd occur.err town vote sad stools slid be chin*.then Tense steal nienedasdy nod*Landed and Landlord anal have die rigs.a!s cotton.to termf this Lease upon flue(5)days notice to Tenant.ITnhas ie a partnership,ard'ul any transfer.sale.Pledge or other the 'ion d any partners i terau in Tenant alai occur.than Tenon she immediately nail*Laeedked and Landlord shall have the right.at is option.to ta,minate Lease,yon des(3)Or soaks to Taws. 16.20 EICUL PATIOtt The anent agrees that Tense shah look solely to Lwdords hares,h the Shopping Caries property which die Dented Praft s as part and Larekeds persona property used le connecters beneath for the satisfadioee of any cairn.iudgenat a dome regufig pawners of money by Lacked bred on any default hoarder.ad no ether revered Or assets of Lando,*b data,arccesw peeraeera,slhsrdtoldas,,nubeidreir,her assigns.dial be crier to ley.a'easiun or odor enforcement peocedres teethe aBetrclice+d suds shin,judgement.i+i n nias or dorm 1521 RELATIONSlP OF PART a*: Nothig tweet contained rhal be dewed or construed by the parties hereto nor by any third patties at co nentutdg Lar+dord a parbsr Tenant n the conduct aTenads harm ad r cooing the enact' al*of prihsal and ages,or ions venues Wooten the parr*herat Wag the i teidon of the parties hereto that the relationship between diem ie and shat at al times daring the term of this has be and Tarr thole d Landord and Tenant only. • 1621 RECAPTURE - It te hereby agreed between the Landlord ad Twit tee n the event Tenants sales nor berm the Demised Peedrrees baby calendar during the term of this leans do not eared 3 N/A Landlord may.by thing Truitt written notice white ahoy(60)c lolosdg the and d ay stannic=rod this Lee and Tani saes,to vacate chapte:sawn the&se day of the senora 51 math lobs the insult et which Tenant received the normal notice of cancelerion fits the Landon. IA23 EtP'ENSE& The Toler agrees to bear ad pad expanses(iebateig reasonable attorney's foes for legal servicing,every Walla(a,..canal tc enkramorat of airy moyiaioei hereof,re the aeloecemal.emigre*.or settlement of this Lease.be dap*rhea thereof.a Mtndn averting the rights and curs d the Lsrdord in respect dewed by fdgumee or ottoman.Nalwthataredreg ahhhr tdeip heron contained tc caeeraey,the Tanis hereby waives vial by jury and hither gam des right to Zeeman any defense.sealer aarnaetain whatyoeuer to action bea ughf by the Landed to educe its rights hereunder. $ I.STORE PREPARATION _ .LANDLORD'S RESPONSIRLMES; II)Smoleeloa ssv k &gad fee Shelling Colin. al Ccennwe lam Shartradt auk fried laced W NO- ill)Loewy. al SW Mr dear. 41l)Aecendcal Celina (7)FicropoiN Ii Inures per cede. (1)Dunk 1 outlets per cod.. 0)/4/1 earatienee par cod.. (10) Landlord will provide hot water to the premises. • • IN WITNESS WHEREOF,Landlord and Teem have caused this Lease to be sunned seder oral the do/and year&it about written. WITNES.% LANDLORD Plantation Partnership A Florida General Partnership - _ WITNESS Town' Orange County State of NC 9 •- RIDER #1 Plantation Partnership A Florida e r = ,. •- AS LANDLORD AS TENAN DATED --- T1re following proviiiora+i hereby included in and mode a peel a the abase Wren her.To the Want tact the fokanseroviac crania each Dole provision ii at kayoing Wee,the pruauieiore corwihed is die Rely steel carnal ARTICLE XVI Paragraph 2S.COMMON AREA MAINTE4ANCE Canyon Pm Me ideranat be the Gr a corn aondiny year d t lase she.be. S.40 par mums foe of?coral's Iambi,ease. • RIDER#2 RIDER TO THAT CERTAIN LEASE BETWEEN Pl,,anjariII" patg.r •'ibis. A Ell i4aS+eAeLa�va Pr�t,il?_ —,ASL 4DLORDAt Orange Countx2 State of North Carolina ,AS TENAt DATED TM 1011babo provable are hereby invaded in and made a pert al the shave aderence boa.To the egad dam the loge a++y prwa> conga erica any pavilion in the forego:vet lease.the prouisble contained tp the Mar shall control ARTICLE xvti 3.09 REAL ESTATE TAXES, 10.02 ALL.PERES INSURANCE Rd Estate Taxes and Al Pei hyaena he the eonrspehdini yea d the lase 04 be. S.S R pa 114 I.at Tyson f s Isaseabli crew RIDER #3 RIDER TO THAT CERTAIN LEASE BETWEEN Plantation Partnership, A Florida General Partnership ,AS LANDLORD ANI Orange County, State of North Carolina ,AS TENANT, • DATED O I., rr Landlord does hereby agree that the two months immediately following the forty-five (45) day fixture period; detailed in paragraph 1.01 article (g);shall be half (1/2) rent ($500.00). Thereafter the rent shall be as stipulated in the lease. It is further understood that the term "half" rent does not include C.A.M. or Taxes and Insurances. 10 • A• Oh Cc I ''y O O i , /.,.•• .r f + .... • r '4 „4. .74, Ithi f ,.... oll rh i t:a• . ;44".., /"I. / ` I+ M i dry jrjr ... II i 11 Poi / .. • • .„,... ,.. z, ; if „ :, it.,, . MEM . j \.00/ t ti A\\ /\,,,, ..1.111 ' . w 11 ' f Mot aim B.li.■•,, I , ;+•'F: , . ::lt `i w isms to 31 41. \ . * kief#Iii/ .....-41"...4..., .1. a.•.1. I . \ • , i +ig \ .S ' -1- _ t _ - s. \ 'hti: r fro r I •' % ti�� i '1. I • lb \ MI • S • i .Z'2 4 �. t s aChi �� b, Z 4,! r a. Z i NI V i� qap . 4 .Q 1 i "EXHIBIT A” ORANGE COUNTY STATE OF NORTH CAROLINA • 106 EAST MARGARET LANE • HILLSBOROUGH, NC 27278 „„-,-,v;,1 -"�. ,1.._ IN OICE,_ _"4 i;{,�ipT�VOICE. . `:TvPE' -098".v ':::L TEAM .".. CA3cO ' NET Z: 1 "' •NUM8EFr.-, ' +i'' DATE CODE - ,- IAMCWNT ,:''-'•- Co, - -.AMO fE � .. . .f:;'; O11N1=• ', 113076 _ . 12802 11/19 $1200.00 $1200.00 PLEASE DETACH BEFORE DEPOSITING ■liticieceWeict(V• '¢;¢Cl:¢;'¢icr.cr,4".a;3^,3•:r,a;¢:(2•0...Q'¢cr,a:¢;qt cr cra{¢icricr:ck¢',cr:¢L.cr:c2•d¢:¢ise,¢2a4Q.cc:a;ci.:(1•tcr,'a{ct•,Q.as.rr: L:0• :(1•:3•"a•atia, 6 6 NO. 3 0 3 3 8 2 ORANGE COUNTY DATE 11/19/86 9 6 STATE OF NORTH CAROLINA 66-245 9 (9 NORTH CAROLINA NATIONAL BANK 531 106 EAST MARGARET LANE `, HILLSSOROU5H, NORTH CAROLINA • Cy HILLSBOROUGH, NORTH CAROLINA 27218 , 6 PAY 1200*AND*'00/11 'OLLARS a e+ d , 6 TO THE ORDER OF Q b • ' R1antation Pl A7a Partnership q 6 801 J4virel Oak Drive $ 1200.00 9 6 Suite '1�O THIS INETNUVENT NAT BEEN PA UDITCD Ll Suite '1 / N THE UANNEA AEgUInEO ET THE Laf.AL '1 Naples, FL 33963-2764 GOVEFNMENTBUOGET AND PITC4LCONTROLADT. 9 5 n u [, 9 11 FINANCE OM EA g?' +>D;1):4):?J'17'.D;.D:DZ14);m:0:1):D.4x4DF):0,7): .4)4.):4):40.U:IS:a:4):4):Z1:2U;.v0-v:...1) :D. OVRi;..v04YZ:Y:434).4):r ,a:-E:zAD;a:D:.;.D:`Di7:0:.D 3ND:zz:4T.zi:0:4:),U "00 30 3 38 20 1:053 L0 24631: L L 2000 29411' CHANGE - Uisiributiun 111: ORDER • OWNER 13 . . , Alit DOCUMENT 670'1 ARCI•II1I:CT 1B . CONTKACTOR MIELf) 0 ' • OTHER 0 PROJECT; Carr Building Renovation CHANGE ORDER NUMBER: 1 (name. addres,J Corbin Street Hillsborough, NC INITIATION DATE: November 7, 1986 TO (C:ontracturl: ''`� ARCHITECT'S PROJECT NO: 5568 Mebane Heating & Air Conditioning I CONTRACT FOR:Mechanical Construction P.O. Sox 756 Mebane, NC 27302 J CONTRACT DATE; August 13, 1986 . You art.directed to make the following changes in This Contract: • - Item One Relocate two thermostats . Extra $ 200.00 Item 7tao Extend duct for return air vent in Environment Health Department and connect to new grill. Extra 550.00 Resultant Change Order Amount Extra $ 750.00 X.d%.dul 4111111 sign;,)by Ii Iii Hue ONnr•r 4INI A(111ii14'I. ti11;n.uure col Ihi•Itholfdi I.1r i set.11 hi,.IK;urlkr•au herewith. inl hurling,any arlju,11144 t in the(•onlracl sum 1rt I',H11rd1I limy, 1.h• uril;in.d IConlr.ICI Sum) 0 t,A1?1f;1.. IA0A14#t was $ 19,000 NO change by previously authorized Change Orders $ -0- Th• (E.:contract Semi 40200iMagigaciall=prior to this Change Order was $ 19,000 1 he (Contract Sum) will he (increased) by Ihi, Change Order $ - 750 The new IContracl Sums inclucling This Change Order will be $ ' $ 19,750 • 1 The Conlrat I Time will be .c(►t a,-•1.1•+,1.4)4.V.I. t (unchanged) by ( -0- ) ays. The Date of Substantial Completion as of the dale of ihl. Change Order therefore is Authorized: CHR Associates, PA Mebane Heating & Air Cond. County of Orange ' Jdt 4irport Road 1'()f Ike`'O. Margaret Lang i -With-• Arlrlrl-.o. Acldm+s Cha.-1 Hill NC NC 27514 . Mebane, NC 27302 Kills... ough. NC 27278 UY.L . - ^�'/ !r>r.Lt_s Y 11. � •/ _._.- Q�/�. II IIY .%tA 11UCU■rN1 G70I + L I IAN(;r r)Klll k • AI'iIl 1'1711 I Ill III'N • AI.1• • ••• '19711 11 II Anti NI-AN INNI11(111 411 AK(111111-.IS, 1711 NIW VI 151.W1.,N.W.,1V WIIIt1.I11N.MC, NMMM. C701-1070 • CHANGE . ` a V t Distribution In: ji� ORDER • OWNER l3 , .)* IB66 AM DOCUMENT G701 ARCI•II-IECT CONTRACTOR FIELD 0 . OTHER DA,liii1intria1S,L.CO:, INC. 1'R01ECT: Carr Building Renovation (name.address) CHANGE ORDER NUMBER: 3 TO (Contractor INITIATION DATE:November 12, 1986 r)17): 1 . W. Ward Construction Company ARCHITECT'S PROJECT NO; 5568 P. 0: Box 15157 CONTRACT FOR:General Construction Durham, North Carolina 27704 • L _J CONTRACT DATE:August 13, 1986 You are directed to make the following changes in This Contract: - " T'tem 1 •-- "T-1-/2"-ki'aft -faced-fiberglass -insulation above ' - all new lay-in ceilings. (6800 sq.ft. @ 29Csq.ft.) extra $ 1,989.00 Item 2 Grout and rub scarred brick above front entry and patch and paint cinder block walls of plumbing store. extra $ 661.00 Item 3 Patch and paint ceiling with 5/8" fire rated sheetrock where soffit was removed and paint existing 12" x 12" ceiling tiles. extra $ 3,371.00 Item 4 Frame out access door to water supply and add support post wrapped in sheetrock at end of low wall in Planning Department reception. extra 8 167.00 Item 5 8 units of levelastic applied to level floor where terrazzo was removed. extra $ 29x.00 Resultant Change Order Amount extra $ 6,481.00 NI % dill unlit•i};nt•d by bush 1hr Ot.nrr,l^ i rchii,i i. �� 'il:ndillr,•nl IIu•('"nlyd•hir inilic,ih•y Ili% .Krorilit•n1 lwrewilb, ini'titling.Illy adji■Unh'nl in Ow Cnnnlrarl Sum ur('u's'es 1lime, Tlu•"riginal IConlracl Sum) $1/1/c/� Not change by previously authorized Cl I Orders (y was $ 221,856.00 The (Contract Stint) ( yllp�e/tfyfr/l/Mi(ylylt/1/,)r�ylylYltrieir to this Change $ 4,221.00 . The ICunlr,ic'I Sum) 1 i Order ►v7r $ 218,416.00 by this Change Order l � l/� will be (increased) (�1yc Jl�k�dl l��lr}fl�G t) 1 ho new (Contract I Sunil yf j'il{if,1Sy11/(//111/( �( {e� Yinclucling this Change Order will he ,,• $ 6,481.00 • The Contract Time will be (increased) fh irkkiC�Q/[tfi�c�i�(rf 224,897 .00 • The I%Ile of Substantial C:omplelinn as of the date o1 thi: Change Ott rctldpore I 10 I Dayi. is March 9, 1987. .CHR Associates D.W.Ward Construction o Authorized: �\bldt t lXirport Rd. (-(IN I RA(:I OR County of Oranee iilfinv.- P.O.Box 15157 (�i06KE. M Address ..arg,.�.. l.n.. Chapel Hill N.C= 27514 Addrl•sx -- 7 oN'.._.,_ 'Th '41°'v ife---AL-4:--.7-4...i j �J��/j `/�4 Hillsborough, N.0 • . G , u,\rE c. d - , - _ . DATE \IA t OCUAICNT 0701 • (I IAN(;I: ( KIJl I • :\I'RII 1.1711 I 111111 IN • ;\IA` 79:11 1111 AMIRIW':\N INs1IIllII.iii ARC 11171r'rS, 1711 NI W YuIKK.WI„NAV..WWIIINC;II IN. IL('.:IYNN, 4�'G701—1970 ORANGE COUNTY COMMISSIONERS 106 EAST MARoARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKI07 IS JOHN HARI WELI. SHIRLEY E.MARSHALL DON WILLHOIT December 5, 1986 Hazen and Sawyer, P.C. Mr. Gordon C. Ruggles, P.E. P.O. Box 30428 Raleigh, North Carolina 27622 Dear Mr. Ruggles: Attached is your copy of a contract for engineering services improvement to Lake Orange Dam, County of Orange that was approved by the Board of Commissioners on November 18, 1986. If you have any questions about this contract, please do not hesitate to, contact the County Manager Ken Thompson. Thank you. - Sincerely, Mrs. , Beverly Blythe Clerk /bab File Attachment HAZEN AND SAWYER, @� ��U�.�• H CONSULTING ENGINEERS November 12 , 1986 Mr . Kenneth R. Thompson County Manager 106 East Margaret Lane Hillsborough , NC 27278 Re: Contract for Engineering Services Improvements to Lake Orange Dam County of Orange Dear Mr . Thompson : Hazen and Sawyer , P . C . , is pleased to offer a contract proposal for continuation of the engineering services necessary to assist the County of Orange in obtaining additional raw water storage capacity at Lake Orange Dam . The proposed improvements to the dam are based upon an earlier report by Hazen and Sawyer dated March 22, 1985 , Engineering services are those associated with the installation of flashboards at the dam thereby increasing the available water storage . The scope of services included in this proposal are as follows : 1 . Preparation of design drawings detailing a flashboard system that will provide the capability of raising the normal lake level up to two feet to Elevation 616 . 0. We understand that the initial increase in lake level will be limited to one foot to Elevation 615 ' 0 pending satisfactory resolution of property issues restricting further increases in the lake level . The flashboard system will include a manual release system to collapse the flashboards during major storm events and a lease-line , telephone-based alarm monitoring system to alert County officials to impending high water levels . 2 . Assistance in securing the necessary permit from the North Carolina Land Quality Section for modifications to the dam . The drawings and detailed calculations will be submitted to the Land Quality Section in support of the permit application . 3. Assistance in securing bids from qualified contractors to perform the required modifications . We envision that the modifications can be undertaken through normal County purchasing contracts and that only minimal specifications and drawings will be required . We will review the bids received and make the recommendation to the County Commissioners concerning award of contract . 43noGLsmWoVo*vENUE • P.(�BOX uO488 • RALEIGH, (919) �� ���oA?*���oum��rauo • <8� 7Wo3 RALEIGH,NC • CHARLOTTE,NC • HOLLYWOOD,FL - NEW YORK NY . ' Mr . Kenneth R. Thompson November 12 , 1986 Page 2 4. Site observation of the work during construction . We but not envision providing full -time observation ^ ut will make periodic inspections during the course of the work including a final inspection to verify that the work has been completed in accordance with plans and specifications . We understand that the County is also contemplating modifications to various other water front structures to accommodate the increase in lake level . We understand that our services are not needed for these improvements and have excluded these items from our scope of service . e tj We propose to provide the above services under a salary cost times a multiplier fee reimbursement arrangement as outlined in the attached Statement of Standard Charges with a cost ceiling established at $10»000, unless mutually modified by the Co t f Orange and Hazen and Sawyer , P . C. u» � o If the above conditions are acceptable to you , please sign in the space provided below and return one ( 1 ) copy to us for records . This letter with each of our signatures our s the engineering contract for the above services . ��all act as Very truly yours , HAZE AND SAWYER P.C. )1i/4 e9lfg)i(--- ' ' ' Gordon C.Vice Preuiden�� - " P . E . DLC/jhl Enclosure Approved by: _ AK / � . . ' Orange County Commissioners M HAZEN AND SAWYER, P.C. ENGINEERS STATEMENT OF STANDARD CHARGES Time Chargeable to Project Work is billed at 2.25 times payroll costs for time of principals and employees of Hazen and Sawyer and associated design professional firms directly chargeable to the project, Payroll costs include base salary,vacations,sick leave, holidays,payroll taxes and insurance and pension plan. These rates apply to time actually devoted to the job and to travel required during normal working hours and on weekends to suit clients' convenience, Legal Proceedings Higher rates will apply to appearances and testimony in court and commission proceedings, and to other assignments where warranted by special circumstances. Expenses Chargeable to Project Expenses such as costs for travel and subsistence, long-distance telephone, telegraph, use of computer, reproduction costs, soil borings, laboratory work, and fees for special consultants and surveyors authorized by the client, will be billed at actual cost plus fifteen per cent handling charge. January 2, 1980 November 18, 1986 Meeting of the ORANGE COUNTY BOARD OF COMMISSIONERS Chapel Hill, North Carolina PROP OSAL (For Submission to the Board Members and to be recorded in the minutes) Over the past two years there has been increased concern about the ecology and environmental status of Lake Orange. It appears that the status of the lake has changed from a "potential reservoir" or "back up water supply" to "a primary" source of water for northern Orange County, Hillsborough and Chapel Hill due to a growth in population and new residences in the radius of 20 or more miles. It has been brought to my attention in a conversation with Mr. John Wray, who is affiliated with the Division of Water Resources in Raleigh, that environmental studies were not required at the time Lake Orange came into being (about 1967). These studies were not required until the early 1970s. He informed me that an environmental study has never been done at Lake Orange to his knowledge. It was requested, approximately one year ago, that a study of this type be undertaken, and it was stated that it would be "looked into." It is felt there there are more reasons now than ever before for a study of this kind to be done, and it is formally requested again at this time. There has been a great deal of residential growth around the perimeter of Lake Orange itself. Up until approximately 5 or 6 years ago, there were only about 8 cottages on the lake, At present there are approximately 20 to 25 dwellings, either established or foundations being started. At this rate of growth, which is predicted to increase drastically taking into account that three or more parcels of land have been divided Page 2 into residential lots, which in the near future could give a population on the lake of 50 to 75 homes or even more. When taken into account, the number of additional septic systems, motor-powered boats, soil erosion - which is substantial and of great concern to many property owners, both from the wake of boats and wind causing water to lap the shoreline, not to mention the excessive growth of moss and vegetation in the water from chemical runoff from neighboring farm lands and pasture lands, it seems obvious that the environment can do nothing but change and change very drastically on this 160 acre body of water. It is felt that there should be considerable consideration given to limiting the size, power, type and/or even number of boats using the lake at any given time. It can be predicted that in the future, with the increase in number of property owners with boats on the water, and the fact that the lake is also open to the public for boating purposes, this lake is at times very congested with boating traffic, and can only become more congested in the future than it already is. It has been stated that Orange County Officials control such things as mentioned above and only they can govern these activities. It has been suggested that soil from the lake bottom be taken from the lake and put up onto the banks of lower properties so that the water level of Lake Orange can be possibly raised one or two feet. In fact, some of the property owners have already done this to their property. Mr. George Everett, Water Quality Section Chief, in the Division of Environmental Management of the Department of Natural Resources and Community Development stated that this could initiate several types of problems, and that not only should an environmental assessment or impact study be done regarding the future plans for the lake, but that one should probably be done now to assess the impact of the already altered sections of the bank around the lake that has possibly affected the lake environment. Because Orange County owns Lake Orange and has jurisdiction over its present and future water quality, existence and well being, it is proposed at this time that the local County Government, specifically the Health Department assess the quality of water at Lake Orange for the purpose of documentation, and also initiate a study to Page 3 project the impact that alterations to the shoreline and increased residential growth may have. Could it also be considered at this time to consult the Department of Environmental Management to help assist in their assessment. It has been stated that engineering studies are to be uqdertaken in the near future beiN9- far.se— concerning the level of Lake Orange possiblyyone or two feet. As recommended by State authorities, now is the time to initiate any environmental assessment or impact studies that are to be done, which could protect the quality of the water at present and in the future as well as the environment of Lake Orange. Respectfully submitted, Barbara J. Kin ed t.. 1 APPROVED DECEMBER 16, 1986 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 18, 1986 The Orange County Board of Commissioners met in regular session on Tuesday, November 18, 1986 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Vice Chair Shirley Marshall, and Commissioners Moses Carey, Jr. , Ben Lloyd and Norman Walker. BOARD MEMBER ABSENT: Chair Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, EMS Director Bobby Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planner Greg Szymik and Purchasing Director Pamela Jones, A. BOARD COMMENTS Commissioner Marshall made two corrections to the agenda: (1) deletion of the $661 at the right of the recommendation for the Revere Road Change Order (Item F6) and (2) correct the rate of 225 to read 2 . 25 in the impact statement for the Lake Orange agenda abstract. She also deleted agenda item F5. B. AUDIENCE COMMENTS 1. MATTERS • THE PRINTED AGENDA Joseph H. Colclough requested to make comments about the November 3, 1986 minutes. 2 . MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Carey seconded by Commissioner Lloyd to approve the minutes for the October 13, 1986 meeting as circulated. VOTE: UNANIMOUS. Joseph Colclough questioned the 5th paragraph on page 3 of the November 3, 1986 minutes. He indicated the group he represents only agreed to meet with the Ordinance Review Committee and Planning Board to develop standards for new parks which address health and safety issues. After considerable discussion, it was decided that the tapes of the meeting would be reviewed by the Clerk and the minutes resubmitted on December 1, 1986. D. PROCLAMATIONS 1. HOME HEALTH WEEK Commissioner Marshall read a proclamation proclaiming the week of November 30 through December 6 as Orange county Home Care Week. Motion was made by Commissioner Carey, seconded by Commissioner Walker to adopt the following resolution for Home Health Week: PROCLAMATION HOME CARE WEEK WHEREAS, home care provides a wide range of needed health and supportive services to the ill, elderly, disabled and infirm in their homes; and 2 WHEREAS, the concept of home care is the oldest and most enduring tradition of health service delivery in the United States; and WHEREAS, home care services help preserve one of the country's most important social values, keeping families together; and WHEREAS, most Americans prefer for themselves and their families to remain and receive treatment whenever possible in the comfort and security of their own homes; and WHEREAS, there is a significant and growing body of evidence that home care services stimulate quicker and fuller recoveries and improvements than comparable services within institutions; and WHEREAS, it is becoming increasingly evident that home care provides a cost-effective delivery system for high quality, individual health services; NOW, THEREFORE, The Orange County Board of Commissioners, DO HEREBY PROCLAIM the week of November 30 through December 6, 1986 as Orange County Home Care Week to coincide with the celebration of Home Care Week in North Carolina and National Home Care Week; and Furthermore, that Orange County expresses its support and appreciation of home care providers; and Furthermore, that the Orange county Board of Commissioners commends all dedicated individuals who have devoted their careers to providing high quality home care services to its citizens. This the 18th day of November, 1986. VOTE: UNANIMOUS. 2. AMERICAN EDUCATION WEEK Commissioner Marshall read the proclamation in support of American Education week November 16-22 . Motion was made by Commissioner Carey, seconded by Commissioner Walker to acknowledge receipt of the proclamation proclaiming November 16-22, 1986 as American Education Week as issued by Dan Lunsford for the Orange County Schools. VOTE: UNANIMOUS. E. PUBLIC HEARING ON THE JOINT PLANNING AGREEMENT PROPOSAL Commissioner Marshall announced that the Carrboro section of the Public Hearing was not advertised and therefore a special public hearing will be scheduled at a later date with Carrboro. This public hearing will be held to receive comments on the Joint Planning Agreement proposal between Chapel Hill and Orange County. Planning Board Chair Barry Jacobs conducted the Public Hearing. PRESENTATION BY STAFF Planning Director Marvin Collins presented for the receipt of public comment the County's proposed new Joint Planning Agreement between Orange County and the Town of Chapel Hill and between Orange County and the Town of Carrboro. He reiterated the events leading to this proposal and the 3 main provisions of the agreement. The revised Agreement proposes a new distribution of responsibility between Orange County and Chapel Hill which will eliminate some of the administrative difficulties encountered with the present agreement. He made reference to the Land Use Plan which was adopted by Chapel Hill and Orange County at the meeting held on October 13, 1986 along with the text of the plan. Upon approval of this agreement, Chapel Hill will prepare a zoning map for the transition area employing their zoning district classification and development standards. This map will be submitted to Orange County for their consideration. Upon approval of this map, the Zoning Atlas and Zoning Ordinance will be amended to incorporate that map and the Chapel Hill development standards into the Orange County Ordinance. Following adoption of the map and the development standards, Orange County will administer its ordinances, development standards, and Zoning Atlas designations in the rural buffer portion of the Joint Planning Area. Within the transition area, the Town of Chapel Hill will handle development applications including major subdivisions, planned developments and special use permits. Orange County would continue to review and comment on development applications within those transition areas and also within the Towns extraterritorial jurisdiction. Likewise, Chapel Hill would have an opportunity to review and comment on development applications within the rural buffer. He explained the procedure for considering and approving amendments to the s! Joint Planning Area Land Use Plan or to the Orange County Zoning including the Zoning Atlas. He made reference to the comments from the Town of Carrboro and noted that agreement had been reached on everything except the Land Use Plan. COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD County Attorney Geoffrey Gledhill explained that the Agreement does not contain any of the particular division of responsibility within Orange County or Chapel Hill that previous drafts contained. Procedures will be determined administratively by Orange County and the Towns. In answer to a question from Planning Board member Sharlene Pikley, Collins explained that the County would be given an opportunity to make comments on any development application within the current entre- territorial jurisdiction and within Chapel Hill's transition areas. Also Orange County would be given the right to comment just as they would be given the same right to review and comment on any development application within the rural buffer. The County will maintain control over any amendments to the Zoning Plan and Map which will allow those who live in the transition area to have a voice before the Board of Commissioners. In answer to a question from Barry Jacobs about density in the transition area, Collins noted that the Agreement does specify that the zoning map which Chapel Hill submits to the County must coincide with the approved Joint Area Land Use Plan. PUBLIC COMMENTS Roy Williford, Carrboro Planning Director, made reference to the review of the areas outside of the transition area and clarified that it was not meant to exclude the term rural buffer but merely a rewrite of section 2 .4 of the agreement received earlier in the month. He referred to the Land Use Plan and asked if Exhibit A is the same and where the lines are drawn in terms of the lines which are currently being negotiated by the committee of three. He asked the location of the urban transition line and if the land uses themselves would ever be amended. Geoffrey Gledhill explained that Exhibit A will serve as the Land Use Plan with the delineating lines - transition, rural buffer and the dividing line between Chapel Hill area of influence as it has already designated and the Carrboro area as it has already been designated. 4 In answer to a question from Commissioner Marshall, Collins explained that the dividing line between Chapel Hill and Carrboro has not been indicated on the plan because of a desire to consider the entire joint planning area without regards to jurisdictions. At the April public hearing a recommendation was made for a proposed transition line which would follow the suburban residential boundaries. Anything designated as urban type use would be within the transition area and everything beyond that would be considered rural buffer. Jeanette Gay Eddy presented a statement on behalf of the League of Women Voters. This statement in its entirety is in the permanent agenda file in the Clerk's Office. The essence of the statement is a concern that proposed changes to the agreement are being suggested before the original agreement has yet been fully implemented. The statement emphasized that it would be desirable to have identical joint planning agreements with the the two towns. The League supports joint planning as the best process for managing growth cooperatively in the areas of Orange County surrounding Chapel Hill and Carrboro. Commissioner Marshall clarified that any changes to the Zoning Ordinance or the Joint Area Land Use Plan would be received for consideration by the Board who will ultimately approve any changes. Alice Gordon, former Planning Board Chair, voiced support for the original agreement. The current agreement allows the Town to influence the development of the area outside of its jurisdiction. it also allows County citizens to vote for the officials who determine the land use in the areas where they live. The present agreement is truly a joint and cooperative process. Gordon expressed concern with the use of the Chapel Hill standards of procedures in the new agreement. She expressed concern with the process which excludes the Board of Commissioners from being involved from beginning to end. She suggested that Chapel Hill be requested to create a new seat on the Chapel Hill Planning Board for a representative from the Joint Planning Area. She expressed concern that the new agreement does not specify an explicit role for the Orange County Planning Board and suggested they be involved with forming the administrative procedures. She noted there should be some recourse through the Orange County Board of County Commissioners if the citizens are not satisfied with the Ordinance and the administration of the Ordinances in their area - whether it be the Chapel Hill regulations, or Orange County. WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by commissioner Marshall to refer the revised Joint Planning agreement between Orange County and Chapel Hill to the Planning Board for review and a recommendation and to continue the public hearing until December 1, 1986 for receipt of the Planning Board recommendation. VOTE: UNANIMOUS. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. AWARD OF BID: TACHOGRAPHS Award the bid for 18 tachographs to Nichols Speedometer, Greensboro, NC for a sum of $12,924. The bids received are as follows: Argo Instruments $ 825.00 Nichols Speedometer $ 718.00 Gilmore Distributing Co. $ 891.58 2. GRADE AND STEP AUTHORIZATIONS Confirm the approval of the following: �4. 5 (1) Salary Grade 78, Step 78 for the Social Services Director. (2) Unclassified (Pay Plan equivalent S.D. 72, Step 6B) for the Agriculture Extension Agent. 3 . CHANGE ORDER FOR THE REVERE ROAD COMPLEX Approve a change order for Mebane Heating and Air Conditioning to permit two thermostats to be moved from the steel supports to a more central location and move the air duct to a centralized open area for heating and cooling efficiency at a total cost of $750.00 and authorize the Chair to sign on behalf of the Board. 4. CONTRACT AMENDMENT FOR THE REVERE ROAD PROJECT €: Approve an amendment to the contract awarded to Mebane Heating and Air Conditioning for adding alternate #3 to the heating and air conditioning system. 5. ENCROACHMENT AGREEMENT ® RAILROAD EASEMENT Deleted. 6. CHANGE ORDER FOR THE REVERE ROAD COMPLEX Approve a change order for D. W. Ward Construction Company for changes within the building which were unknown at the time of original contract at a cost of $3,041. 00 to be paid from the contingency budgeted for this project and authorize the Chair to sign on behalf of the Board. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE; UNANIMOUS. G. ITEMS FOR DECISION 1. LAKE ORANGE STORAGE LEVEL ® ENGINEERING AGREEMENT AND PROPOSED SURVEY LETTER AND OUESTIONNAIRE (Copy of the contract, survey letter and questionnaire are in the permanent agenda file in the Clerk's office) Ken Thompson presented the information as contained in the agenda abstract. Jim Key, Lake Orange property owner, made reference to his deed indicating his understanding that Lake Orange Inc. owns down to 615 ft. and Orange County owns the remainder. He understands he has an easement that runs from the 620 to the 615 for flood protection and access to the Lake and expressed concern for his Barbara Kindred property from flood damage. presented to the Board a request for an environmental impact study that was requested approximately one year ago for which she has not received a response. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the contract with Hazen and Sawyer for engineering services for the improvements to Lake Orange Dam and to approve proposed survey as amended and authorize the Chair to sign on behalf t ehalfof the Board. VOTE: UNANIMOUS. 2. POLICY ON APPLICABILITY OF ZONING TEXT CHANGES TO DEVELOPMENT APPLICATIONS IN PROCESS Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve y pprove the amendment to the policy as stated below. POLICY (Amendment to the Policy dated October 6, 1986) " This y polio further excludes subdivisions which were being developed in phases and for which Preliminary Plat approval has been granted, which approval has not expired for at least one phase and for 6 which the entire project under consideration for exemption from Zoning and Subdivision Ordinance amendments has received sketch plan approval. VOTE: UNANIMOUS. 3 . MEL OAK ESTATES PHASE 4 SUBDIVISION PRELIMINARY PLAN Marvin Collins presented for consideration of approval the preliminary plan for Phase 4 of the Mel-Oak Estates. This item was tabled at the November 3 meeting. The property is located in Chapel Hill Township. Six (6) lots are proposed from 6.3 acres zoned R-1. The property is located in the Rural Buffer. The minimum lot size issue was addressed in the policy issue, agenda item G2 above. The Planning Board recommended approval subject to four (4) conditions. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the Planning Board recommendation with the following conditions: (1) That there be no further phases to the subdivision. (2) That the payment-in-lieu of recreation areas required by Section IV-B-7 of the Subdivision Ordinance be accepted and set at $744. (3) That a landscaping plan be submitted showing trees to be preserved upon project completion, specifying their location and trees preserved in accordance with Section IV- B-8 of the Subdivision Regulations. (4) Show building setback lines on individual lots. VOTE: UNANIMOUS. 4. INSPECTION FEES Marvin Collins stated that this item was presented at Public Hearing on October 6 and November 3 . It was considered for adoption at the November 3 meeting and tabled. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the inspection fee schedule and the proposed amendments as presented by the Planning Director. VOTE: AYES, 2 ; NOES, 2 (Commissioners Lloyd and Walker) . 5. LEASE OF SPACE - DRIVERS LICENSE OFFICE AND SHERIFF Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the lease for property at Plantation Plaza, Carrboro to house the Drivers' License Bureau and authorize the move of the Sheriff's Satellite Office from the Old Police Building to this space and authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS. 6. BUDGET AMENDMENT FOR THE EMS AMBULANCE EMS Director Bobby Baker presented statistical information on the standby status of available units in the County. He indicated that there were 102 times when it was necessary to have an ambulance in the center of the County for response. This ambulance was the last available unit in the county 36 times and 9 times this ambulance responded to a call, leaving no available unit in the County. Baker answered questions from the Board members about non- emergency transports. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to amend the 1986-87 Budget Ordinance by the following changes: GENERAL FUND Appropriation - Emergency Medical Services $ 8, 000 Source - Transfer from County ital Ca Projects Fund P� Projects $ 8, 000 COUNTY CAPITAL PROJECTS FUND Appropriation - Transfer to General Fund 7 Source ® Fund Balance Appropriated $ 8, 000 VOTE: UNANIMOUS. ppropriated $ 8, 000 7. _ GENERAL ASSISTANCE FUND Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the transfer of $8,000 from the Commissioners' contingency account to the Social Services General Assistance account to aid the workers laid off from Saratoga Mills. VOTE: UNANIMOUS. 8. FUND BALANCE Commissioner Lloyd made reference to a letter dated November 7, 1986 from the Fiscal Management Section Director of the Local Government Commission in Raleigh. He expressed a concern for the low fund balance and criticized the expenditures in excess of revenues and questioned how this problem would be solved. Commissioner Carey indicated this issue would be addressed by the new Board. The letter makes recommendations which will be taken under advisement. The fund balance was expected to be low but will be back up to or exceeding the 8% at the end of next year. After further discussion and comments from Commissioner Lloyd, Commissioner Marshall assured the group that this situation would be addressed with the new Board and at budget time. 9. UNITED METHODIST MINISTERS RESOLUTION Commissioner Lloyd was requested by Y a group of ministers to submit a resolution requesting that all proclamations have the full approval of the Board of Commissioners before they are signed. Commissioner Carey noted that it was decided last June that the matter is a policy issue that will be addressed by the new Board. Motion was made by Commissioner Carey, seconded by Commissioner Marshall that the request be acknowledged and that consideration of the policy issue be tabled until the new board is seated. VOTE: AYES, 2; NOES, 2 (Commissioners Lloyd and Walker) Motion was made by Commissioner Lloyd, seconded by Commissioner Walker that all future resolutions come to the Board for Board a VOTE: AYES, 2; NOES, 2 (Commissioners Marshall and Carey) . pproval. H. ADJOURNMENT With no further business to come before the Board, the meeting was adjourned at 9:45 p.m. The next regular meeting will be held on Monday, December 1, 1986 in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina. Shirley Marshall, Vice Chair Beverly A. Blythe, Clerk