HomeMy WebLinkAboutAgenda - 01-19-1988 ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA
REGULAR MEETING
TUESDAY, JANUARY 19, 1988
7: 30 P.M.
OLD POST OFFICE
CHAPEL HILL, N.C.
A. BOARD AND MANAGERS COMMENTS
B. AUDIENCE COMMENTS
1. Matters on the Printed Agenda
(We would appreciate you signing the pad ahead of
time so that you are not overlooked. )
2 . Matters not on the Printed Agenda
C. MINUTES
PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of
Orange County its respect. The Board asks its citizens
to conduct themselves in a respectful, courteous manner,
both with the Board and with fellow citizens. At any
time should any member of the Board or any citizen fail
to observe this public charge, the Chair will ask the
offending person to leave the meeting until that indivi-
dual regains personal control. Should decorum fail to
be restored, the Chair will recess the meeting until
such time that a genuine commitment to this public
charge is observed.
PAGE # D. RESOLUTIONS OR PROCLAMATIONS
002 * 1. Resolution of Support for the Capacity Use
Designation for the Eno River
E. REPORTS
F. ITEMS FOR DECISION--CONSENT AGENDA
(Any item may be removed for separate consideration)
00o+ 1. Change Day Observed for the Easter Holiday
005 * 2 . Fire Protection Contract
017 * 3 . Bid Award; Computer Equipment
022 4. Commissioners ' Salary
PAGE #
023 5. Workplan--Environmental Affairs Board Reconmaen
dations
028 6. Bylaws of Environmental Affairs Board
031 7. County Position on "Full Disclosure" Statements
G. ITEMS FOR DECISION--REGULAR AGENDA
033 * 1. Adoption of Interim Planning Document
035 2 . Proposal from Independent Opinion Research and
Communication, Inc.
041 3 . Amendments to Noise Ordinance
052 * 4. Adolescents in Need Funding Request
054+ * 5. Rape Crisis Funding Request
057 *
6. Efland Cheeks Sewer Maintenance Agreement
062 * 7. 1988-89 Annual Goals
H. APPOINTMENTS
I. ADJOURNMENT
(*) Indicates items that need immediate attention.
001
ORANGE COUNTY Action Agenda
BOARD OF COMMISSIONERS Item No. V
ACTION AGENDA ITEM ABSTRACT
MEETING DATE January 19, 1988
$ Subject: MINUTES
i Department: BOARD OF COMMISSIONERS I Public Hearing: Yes • X no
•
p
Attachments: Information Contact: Beverly A. Blythe
Under Separate Cover
Phone Numbers: 732-8181, 968-4501,
_
227-0231
PURPOSE: To correct and/or approve the minutes as submitted for consideration:
December 15, 1987 - Regular Meeting
December 18, 1987 - Special Meeting
BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing
Board has the legal duty to approve all minutes that are entered into the official
journal of the Board's proceedings.
RECOMMENDATION_
As the Board decides.
ORANGE COUNTY 002
BOARD OF COMMISSIONERS
Action A enda
Item No. j,
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: RESOLUTION OF SUPPORT FOR THE CAPACITY USE DESIGNATION FOR THE
ENO RIVER
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501 & ENVIRONMENTAL
AFFAIRS BOARD
RESOLUTION
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
•
PURPOSE: To consider the adoption of a resolution to express support
for the Capacity Use designation of the Eno River as requested
by the Environmental Affairs Board.
BACKGROUND: The Board of Commissioners requested that a capacity use study
be conducted by the Department of Natural Resources and
Community Development. An Executive summary report has been
submitted. The Environmental Affairs Board has recommended
that the Board support the Capacity Use Designation of the Eno
River and that Orange County prepare a management plan for
withdrawal and use from the Eno River.
RECOMMENDATION(S) :
Adopt the attached resolution and authorize the Chair to sign.
Poi
RESOLUTION
WHEREAS, the Orange County Board of Commissioners
requested a study be made for the Eno River by N. C. Depart-
ment of Natural Resources and Community Development, and
WHEREAS, an Executive Summary Report of the Eno River
Area Capacity Use investigation has been received, and
WHEREAS, the Orange County Board of Commissioners do
her ,support the Capacity Use Designation of the Eno River,
and
THEREFORE, be it resolved that from this Capacity Use
Designation a management plan will be prepared by Orange
County for the Eno River as to withdrawals and conservation.
Adopted this 19th day of January, 1988.
Chair, Board of Commissioners
ATTEST:
Clerk
ORANGE COUNTY 004
BOARD OF COMMISSIONERS
Action Agenda
Item No. Fl
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: CHANGE DAY OBSERVED FOR THE EASTER HOLIDAY
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
NONE
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider observing the Easter Holiday on Good Friday rather
than Easter Monday.
BACKGROUND: The State of North Carolina has changed its observance of the
Easter Holiday to Good Friday.
RECOMMENDATION(S) :
Amend the Personnel Ordinance as follows:
Article IV Section 4 .1
Change - Easter Monday
To - Good Friday
Article IV Section 4. 7
Change - When a holiday falls on a Saturday or a Sunday,
Monday will be observed.
To - When a holiday falls on a Saturday or a Sunday,
Monday will be observed, unless otherwise
designated.
BOARD OF COMMISSIONERS ACTION AGENDA
ACTION AGENDA ITEM ABSTRACT
ITEM N0,Fa
MEETING DATE JANUARY 19, 1988 nn
S
05
UBJECT: Fire Protection Contract V
DEPARTMENT: Emergency Services I PUBLIC HEARING: YE 1
S X NO l
ATTACHMENT (S): INFORMATION CONTACT: Bobby Baker
REVISED CONTRACT PHONE NUMBERS: HILLSBOROUGH 732-8161
1985 CONTRACT
CHAPEL HILL 929-8109
PURPOSE: For the Board to consider entering into a contract with White Cross
Volunteer Fire District Trustees for the purpose of providing fire
protection to the White Cross Fire District.
BACKGROUND: The Board entered into a contract with White Cross Volunteer Fire
Department Trustees in November of 1985 for the provision of fire
protection to the citizens in their district. This contract
enabled the fire department to meet the requirements of the Farmers
Home Administration for a loan in the amount of $300,000.00. Since
that time, the amount needed by the department has been reduced by
$47,000.00. This contract would meet the Farmers Home Administration
requirements and allow the White Cross Volunteer Fire Districts
Trustees to apply for a loan for $253,000.00 instead of $300,000.00.
RECOMMENDATION (S): Approval of contract with White Cross Directors.
00G
NORTH CAROLINA
CONTRACT AND AGREEMENT
Orange COUNTY
•
THIS CONTRACT AND AGREEMENT, made and entered into this the 19
day .of January 19 88, by and between the COUNTY OF
Orange , party of the first part, also referred to as
County and the White Cross Volunteer Fire Department ,
party of the second part, also referred to as Fire Department;
W I T N E S S E T H:
THAT WHEREAS , N.C.G.S. ,69-25.5 -provides that counties may provide
for fire protection in a fire district by contracting with any incor-
porated nonprofit volunteer or community fire department; and
WHEREAS, the new N.C.G.S. 159-13 , which became effective
July 1 ,1973, ,.provides that the budget ordinance "may be in any form
that the Board (of Commissioners of Orange County) deems
most efficient in enabling it to make the fiscal policy decisions em-
bodied therein, but it shall be so organized that the accounting sys-
tem will show appropriations and revenues by line items within at least
the following funds: . . . a fund for each special district whose
taxes are collected by . . . " the county of nr?nac ; and
WHERi,AS, the party of the second part is a nonprofit corporation .
organized for fire protection purposes; and
WHEREAS, it serves a special tax district created by a vote of the
people; and
-
007
2-
WHEREAS, it is desirous to make application to the United States
of America, acting through the Farmers Home Administration, United
States Department of Agriculture , hereinafter referred to as the Farm-
ers Home Administration for a loan in the amount of $ 253,000 ;
and
WHEREAS , the County of Orange levys end collects
the taxes and is responsible for appropriating said funds for the use
end benefit of the citizens in the fire protection district; and
WHEREAS, the County desires to grant a long-term contract to en-
able party of the second part = make long-range plans; and
WHEREAS, the County desires to standardize all its arrangements.
with Fire Departments in the County;
NOW, THEREFORE, in consideration of the premises and the consider-
ation of. TEN DOLLARS to each the other in hand paid, the parties here-
to contract and agree as follows:
1. The party of the first part contracts and agrees that it will
cause to be assessed or levied a special tax of up to 15
per one hundred dollar valuation of all real and personal property in
the White Cross Fire District
unless otherwise limited by law and/or a vote of the people; and will
collect said tax as a part of the ad valorem taxes of the County of
Orange ; provided however, beginning with the fiscal year
1985 - the amount levied annually shell be based on the needs
008
projected in the budget estimate submitted by the Fire Department
to the County and approved by the County Commissioners .
2. That a special or separate fund shall be maintained by the
County.for funds collected as a result of said special tax.
3. That current taxes , as they are collected by the county,
shall be paid to 2.:11=1.=_4,L11g_Ellitn Crnss Fire District . Oranne County
by the day of each month or as follows :
Ouarterlv
that delinquent taxes shall be remitted quarterly.
4. The party of the second part shall provide the necessary
equipment and personnel for furnishing adequate fire protection as
determined by the North Carolina Department of Insurance, Fire and
Rescue Service Division, for all property located within the
Cxoss Fire District _ , and it will furnish said
fire protection free of charge to all persons and individuals located
in said District in an efficient and workmanlike manner.
5. That all funds paid to the party of the second part by the
party of the first pert shell be used exclusively to provide =ire
protection within said
�.T}.; ra ('+/.ca L'i ra Tli c*ri rt
. and to pay other legitimate fire protection expenses including principal
and interest on the aforementioned loan made by the Farmers Home Admin-
istration.
6. It is agreed that the party of the first part may inspect all
books and accounts for the party of the second part at any time that
it � he11 d-sire: it is further agreed that the Fire D.partm-nt will
-4- 009
present to the County Commissioners an annual audit by p C.P.A. which
audit shall be in conformity with existing audit policies of the Coun-
ty.
7. The party of the second part agrees to comply with County bud-
geting procedures and other procedures provided for by State Lew and
agrees to submit budget estimates to the Board of . Commissioners=
the standard forms used by county departments; the party of the sec-
ond pert also agrees to use standard line items for accounting de-
vised or consented to by the County Accountant from time to time.
S. This contract shall expire 20 years from the date of closing of the
FmHA loan.
•
9. The party of the second part further agrees to file with the
County Auditor a true copy of the Articles of Incorporation, existing
Bylaws and any changes made thereto from time to time; further, the
party of the second part agrees to adopt bylaws which meet all minimum
legal requirements and which bylaws, in addition thereto, have reason-
able provisions enabling citizens of the community to participate in
the affairs of the corporation at at least an annual Meeting and vest-
ing in a Board of Directors the authority to manage the affairs of the
, corporation without a vote of the membership to the extent permitted by
N.C.G.S. SSA, the North Carolina Nonprofit Corporation Act.
_5_
. 010
IN TESTIMONY WHERE3F, the party of the first part has caused
this instrument to be executed by the Chairman of the Board of
County Commissioners and attested by the Clerk of the County Board
cf Commissioners , and the party of the second part has caused this
instrument to be signed in its name by its president, attested by
its Secretary, and its corporate seal hereto affixed, all by order
of its Board of Directors duly given.
Orange . COUNTY BOARD OF COMMISSIONERS
By:
(Chairman)
ATTEST:
(Clerk)
White Cross Volunteer Fire Department
(Name of Fire Department)
By:
(President)
T (Secretary)
(Acknowledgments)
oil
This instrument has been pre-audited in the manner required by the Local
Government and Fiscal Control Act.
Finance Officer
012
NORTH CAROLINA
CONTRACT AND AGREEMENT
Orange COUNTY
THIS CONTRACT AND AGREEMENT, made and entered into this the 20
day of November , 1922_, by and between the COUNTY OF
Orange — , party of the first part, also referred to as
County and the White Cross Volunteer Fire. Department
party of the second part, also referred to as Fire Department;
W I T N E S S E T H:
THAT WHEREAS, N.C.G.S. 69-25.5 provides that counties may provide
for fire protection in a fire district by contracting with ,eny incor-
poreted nonprofit volunteer or community fire department; and
WHEREAS, the new N.C.G.S. 159-13 , which became effective
July 1 ,1973, provides that the budget ordinance "may be in any form
that the Board (of Commissioners of Orange County) deems
most efficient in enabling it to make the fiscal policy decisions em-
bodied therein, but it shall be so organized that the accounting sys-
tem will show appropriations and revenues by line items within at least
the following funds: . . . a fund for each special district whose
taxes are collected by . . . " the county of Orange ; and
WHEREAS, the party of the second part is a nonprofit corporation
organized for fire protection purposes; and
WHEREAS, it serves a special tax district created by a vote of the
people; and
013
-2-
WHEREAS, it is desirous to make application to the United States
of America, acting through the Farmers Home Administration, United
States Department of Agriculture , hereinafter referred to as the Farm-
ers Home Administration for a loan in the amount of $ 300,000.00 ;
and
WHEREAS, the County of Oran tie levys and collects
the taxes and is responsible for appropriating said funds for the use
and benefit of the citizens in the fire protection district; and
WHEREAS , the County desires to grant a long-term contract to en-
able party of the second part = make long-range plans; and
WHEREAS, the County desires to standardize all its arrangements
with Fire Departments in the County;
NOW, THEREFORE, in consideration of the premises and the consider-
ation of TEN DOLLARS to each the other in hand paid, the parties here-
to contract and agree as follows
1. The party of the first part contracts and agrees that it will .
cause to be assessed or levied a special tax of up to $ . 15
per one hundred dollar valuation of all real and personal property in
the White Cross Fire District
unless otherwise limited by law end/or a vote of the people; and will
collect said tax as a part of the ad valorem taxes of the County of.
Orange g provided however, beginning with the fiscal year
' 1985 the amount levied annually shall be based on the needs
0.1.4
-3-
projected in the budget estimate submitted by the Fire Department
to the County and approved by the County Commissioners.
2. That a special or separate fund shall be maintained by the
County.for funds collected as a result of said special tax.
3. That current taxes , as they are collected by the county,
shall be paid to Trustees of the White Cross Fire District, Orange County,
by the day of each month or as follows :
Quarterly
that delinquent taxes shall be remitted quarterly.
4. The party of the second part shall provide the necessary
equipment and personnel for furnishing adequate fire protection as
determined by the North Carolina Department of Insurance, Fire and
Rescue Service Division, for all property located within the
White Cross Fire District
, and it will furnish said
fire protection free of charge to all persons and individuals located
in said District in an efficient and workmanlike manner.
5. That all funds paid to the party of the second part by the
party of the first part shall be used exclusively to provide fire
protection within said White Cross Fire District
end to pay other legitimate fire protection expenaee including principal
and interest on the aforementioned loan made by the Farmers Home Admin-
istration.
6. It is agreed that the party of the first part may inspect all
books and accounts for the party of the second part at any time that
it d-sire: it is further agreed that the Fire D-partment will
;� -.4-
0.15
present to the County Commissioners an annual audit by a C.P.A. -which
audit shall be in conformity with existing audit policies of the Coun-
ty.
7. The party of the second part agrees to comply with County bud-
geting procedures and other procedures provided for by State Law and
agrees to submit budget estimates to the Board of Commissioners on
the standard forms used by county departments; the party of the sec-
ond part also agrees to use standard line items for accounting de-
vised or consented to by the County Accountant from time to time.
or
B. This contract shall expire 20 years from the date of closing of the
FmHA Loan.
9. The party of the second part further agrees to file with the
•
County Auditor a true copy of the Articles of Incorporation, existing
Bylaws and any changes made thereto from time to time; further, the
party of the second pert agrees to adopt bylaws which meet all minimum
legal requirements and which bylaws, in addition thereto, have reason-
able provisions enabling citizens of the community to participate in
the affairs of the corporation at at least an annual Meeting and vest-
ing in a Board of Directors the authority to manage the affairs of the
corporation without a vote of the membership to the extent permitted by
N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act.
-5-
Q.l.-6 -
IN TESTIMONY WHEREOF, the party of the first part has caused
this instrument to be executed by the Chairman of the Board of
County Commissioners and attested by the Clerk of the County Board
of Commissioners , and the party of the second part has caused this
instrument to be signed in its name by its president, attested by
its Secretary, and its corporate seal hereto affixed, all by order
of its Board of Directors duly given.
Orange COUNTY BOARD OF COMMISSIONERS
I / -
By: ,.
/
(Chairman)
ATTEST:
—Zegaediff,,,....4
(Clerk)
White Cross Volunteer Fire Department
(Name of Fire Department)
r 1 .
By: --.Q < ��2,/,41
(President)
ATTEST:
(Secretary)
(Acknowledgments)
017
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action A nda
Item No.-3
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 19, 1988
SUBJECT: BID AWARD; COMPUTER EQUIPMENT
DEPARTMENT: PURCHASING DEPARTMENT PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: Pam Jones
Bid Tabulation
Ext. 497
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider award of a bid for computer equipment.
BACKGROUND: Bids were received on December 22, 1987 for miscellaneous
computer equipment budgeted in the 1987-88 budget. A bid
tabulation is attached.
Mr. Keith Brooks, Data Processing Director reviewed the
equipment and recommends that we purchase the items that are
low bid. Approximately $41, 601 in equipment and software will
be purchased under this bid. A $41,600 appropriation was made
in the 1987-88 Data Processing budget to cover these expenses.
If this bid is approved on January 19, delivery of personal
computers would be approximately one week, with the balance of
the equipment to be delivered in 30 to 60 days.
RECOMMENDATION: Award bid as noted on the bid tabulation. _
BLD `PABUI,ATION FOR OFFICE USE: _
BID FOR: 3try r �CwT�,t BID AWARDED TO:
Ll
CLOSING DATE: 4 BID PRICE:
CLOSING TIME: P' A4 - BUDGETED AMOUNT:
DrctKxt, NLicn - QAtoy,• Amid. a0 Mb 40 �'b 6o•r►t i 2,60
Ca+�put�� �i�ntier+� baud
Moab &`kV
&uut Mo l%aer- 5t1 -75
- tv 3a8 80
bve,r - eo '7 Io b 11052- 3 il--! Board 4 S
boBo Wqw —
�Rnasso,/ �40O X25 — 43 0 — -- 350 —
vktrn -+, , c.ssmr I,gZS 4Z5 Zoe q-1�. 1 245 — 35u
3 TVl+A-
. a48. f 1,35 I's
TandO'— 5o Mb
36 450 liq 64 o0
-NI tit+ro ice' i t u — — — — -- —
Ta+1d y (1512- IC Lions -
3000 Zg�y -gS42A 20
D � 1,lo,raD�sc, �.B�tB.i LrJ59•� � I2bQ -. IIQR•
moo a U,
a 3?9 4 Z
QC-A,-j Dam- —
cc
0
nn BID TABU1,ATION FOR OFFICE USE:
BID FOR: `` pft,# BID AWARDED TO:
CLOSING DATE: BID PRICE:
CLOSING TIME: BUDGETED AMOUNT:
O� •
O
PFS 4oerd UUord54a.v M Lo-FuS' Ps=S. 5 PY?c-d- D bo se P F 5 —
�� cry e�OD + w P ri3 Ply 5
FF5-File —
135 420 4zo 4w 4za Ito — 5oa 1710 _
— 3+6-sa 344," . 3►SQo
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It, 14 b 05 aa.s a-r 9 a9Q 89 1 8
. west�aoo r Ihu�+a-p.J
f5g2a 316 3RD 15g ts� 5�0 1�54Zp
BID TABULA'L'ION FOR OFFICE USE: .
BID FOR: ,Ufa BID AWARDED TO:
CLOSING DATE: BID PRICE:
CLOSING TIME: --- BUDGETED AMOUNT:
_ L.t �+w av¢_,,
�6Vmonq -f Ie:
I -I+raans��✓ W v V, !Orb o"�Oa a
CID LK. TWA- x+.a M•. • znicvj4+6tvff VsL 56
I(a5 753 lotq ZZ25 �q
P- 4z5 P- g-70
5 - y+5 S - 14 5 b 35o 4-60
— — — —
IBM- 42VI•e04 -
S . O° 53 l °O 59 88.'a
_ _ s - ass 84 49
_ Orokw 1Ta04 LQ r-
r — ;i K#-` —
4 8�q !6?S --
1UonA4a� rmag w uur m+-
�e Pri
_
69 .
VWID �� DAAP- LP-tDOO
?8-7
BID TABULATION FOR OFFICE USE:
BID FOR: Qc�{,C.rrS BID AWARDED TO:
CLOSING DATE: BID PRICE:
CLOSING TIME: BUDGETED AMOUNT:
Qjrf�l " IIf ry
!
13 lud, 4 PC)
' � ID +.#5p �,c emu✓ � 35dia 5 -
XNy s f— 40"w LA4 0.0,"W4A4
105 4 mC3 �2 S 30-(�Q dQ 5
3 a 4!5 lo Z X 0 2. +5 }Z its
s 3+R1 1-72- l-7z. 1-7 Z- '!
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Io
ORANGE COUNTY 022
BOARD OF COMMISSIONERS
Action Agenda
TA
ACTION AGENDA ITEM ABSTRACT Item No. ,
Meeting Date: JANUARY 19, 1988
SUBJECT: COMMISSIONERS ' SALARY
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING:
Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
NONE OFFICE,X501
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider setting the level of compensation for the Board of
Commissioners.
RECOMMENDATION(S) : Set the level of compensation for the Board of
Commissioners at $5,947.
ORANGE COUNTY 023
BOARD OF COMMISSIONERS
Action A enda
ACTION AGENDA ITEM ABSTRACT Item No 5
Meeting Date: JANUARY 19, 1988
SUBJECT: WORKPLAN--ENVIRONMENTAL AFFAIRS BOARD RECOMMENDATIONS
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING:
Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
WORKPLAN OFFICE,X501
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: Review workplan for Environmental Affairs Board recommenda-
tions.
BACKGROUND: On September 22, 1987 the Commissioners received recommenda-
tions and assignments from the Environmental Affairs Board.
Commissioners referred the report to the Manager for review
and implementation strategies. Attached are Environmental
Affairs Board recommendations with implementation strategies
underlined.
RECOMMENDATION(S) :
Approve workplan for Environmental Affairs Board.
024
HAZARDOUS MATERIAL
1. The EAB recommends that the County Commissioners promptly
establish a Local Emergency Planning Committee (LEPC) as
required by Title III of the federal Superfund Amendments and
Reauthorization Act of 1986. This Committee shall be respon-
sible for collecting information on hazardous materials used
in the County. The EAB recommends that the County and city
fire departments report to the LEPC on the types, quantities
and locations of hazardous materials contained in buildings in
the County.
* The Local Emergency Planning Committee has been appointed.
2 . The County Planning Department should be directed to identify
areas of the County that are particularly sensitive to
unplanned disposal of hazardous material.
* Planning Board representation on the EAB will serve as liaison
to the planning board and planning department. Planning
concerns will be addressed through this cooperative
arrangement.
3 . The Orange County Health Department should be directed to
develop public education programs regarding:
a. the existence and functions of the County Emergency
Response Team,
b. requirements of the Right to Know law regarding hazardous
materials,
c. identification and disposal of farm and hazardous wastes.
* The Health Director, after discussions with the Manager,
requested appointment to the EAB as an ex officio member to
coordinate all Health Department related issues with the EAB.
NATURAL RESOURCES
1. The County should appropriate funds for a comprehensive,
survey of natural resources in the County according to the
guidelines of the North Carolina Natural Heritage program.
The EAB should have an advisory role in defining the scope and
maintaining oversight of the project.
025
* Orange County has appropriated in the 1987-88 budget $7, 000 to
assist in the survey of natural resources and three members of
the Environmental Affairs Board are attending the steering
committee for the project. This recommendation has been
accomplished.
2 . The Commissioners should request the Orange County Planning
Board to formulate alternative approaches for protecting and
enhancing natural areas as identified in the survey into the
Long Range Plan for the County. The alternative should
include at least the following options:
a. dedications,
b. fee purchases,
c. real estate transfer fees,
d. preferential tax policy,
e. developer contributions in lieu of on-site dedications.
* Most of these are being accomplished at this point with the
exception of transfer tax and the Long Range Plan of the rest
of the County other than the buffer area.
3 . Special attention should be given to protection of the North
Carolina Botanical Garden and those sections of Duke Forest
located in Orange County.
* Discussions with Planning Board to be coordinated by Planning
Board representative on EAB.
WATER RESOURCES
1. The Board of Commissioners should direct the Orange County
Reservoir Siting Committee to develop a proposal for the
management of the water of the Upper Eno River during drought
conditions. The proposal should include an operational defi-
nition of a drought, a set of rules for allocating available
resources under a range of conditions that may exist during a
drought, and a rule governing the release of water from
upstream reservoirs to maintain appropriate levels of instream
flow. That committee should report its findings to the
Commissioners for review on or before December 31, 1987.
* This recommendation should be dropped as the water conserva-
tion ordinance addresses most of the concerns. The sub-
committee had not seen the ordinance when this recommendation
was proposed.
026
2. The Commissioners should consider the adoption of an Ordinance
requiring the posting of a performance bond of sufficient size
to provide a reasonable guarantee that private wastewater
package plants will continually satisfy their effluent limits.
* To be studied by Manager's Office after discussion with EAB.
3 . The Commissioners should direct the Health Department to con-
duct a sanitary survey of County watersheds in 1987 and repeat
that survey at intervals not exceeding thee years. The survey
should identify any activities that continuously discharge to
streams in those watersheds, activities from which stormwater
runoff could reach the streams, or activities that could acci-
dently discharge to streams. Results of that survey should be
made available to purveyors of public water supplies both in
the County and to others who may be affected.
* Health Director will determine if a sanitary survey of County
watersheds can be incorporated into existing workload of
Health Department. Health Director will meet with EAB before
making determination.
4 . The Commissioners should authorize and direct the County Sedi-
ment Officer to conduct a review of the adequacy of existing
enforcement of the sediment control ordinance, and the ade-
quacy of present staff resources to manage sediment and
erosion in the County. The sediment control officer should be
directed to deliver a report of its findings and recommenda-
tions to the EAB by December 31, 1987.
* The sediment control concerns of adequacy of enforcement and
the annual report are being addressed based on recommendation
this is being handled administratively.
5. The Commissioners should authorize and direct the County EAB
to undertake a study of the options for stormwater management.
The study should include a review of policy and practices in
neighboring communities and states. The EAB should be
directed to deliver a report on its findings and recommenda-
tions to the Commissioners no later than May 1, 1988.
* Action to be completed by EAB.
027
SOLID WASTE
1. The County Commissioners should authorize the EAB to provide
continuing oversight of the bi-county Solid Waste study and
make recommendations, as appropriate, concerning the progress
of the study and its findings.
* EAB member has been appointed to Regional Solid Waste Study
Group.
2 . The County Commissioners should authorize the EAB to recommend
appropriate steps to enhance the County's coordination with
Chapel Hill and Carrboro concerning their recycling program.
* Assigned to EAB.
3 . Since the planned U.N.C. power plant may contribute additional
solid waste that will shorten the useful life of the landfill,
the County Commissioners should strongly urge U.N.C. to consi-
der the use of Refuse Derived Fuel (RDF) in the powerplant
planned for the Chapel Hill campus.
* Discussions with U.N.C. have been initiated by the Board of
Commissioners.
FUTURE OF THE ENVIRONMENTAL AFFAIRS BOARD
1. The Commissioners should continue the EAB indefinitely.
Membership of the EAB should rotate through staggered three
year terms with one third of the present membership being
replaced annually, beginning July 1, 1988. The EAB should be
directed to adopt bylaws governing the conduct of its meetings
and the annual selection of its chair.
* EAB Bylaws will be presented to the Board of Commissioners.
ADDITIONAL ASSIGNMENTS REQUESTED BY MANAGER
1. Environmental Affairs Board review and comment on Local
Environmental Impact Statement Ordinance before adoption by
the Board of Commissioners.
2 . Environmental Affairs Board review/comment/offer recommenda-
tion on OWASA Sludge Application in Bingham Township by April
1, 1988.
028
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Arte
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: BYLAWS OF ENVIRONMENTAL AFFAIRS BOARD
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
BYLAWS
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider approval of bylaws for the Environmental Affairs
Board.
BACKGROUND: The attached bylaws were approved by the Environmental Affairs
Board at their January 5, 1988 regular meeting.
RECOMMENDATION(S) :
Approve bylaws for the Environmental Affairs Board.
6
029
BYLAWS OF ORANGE COUNTY
ENVIRONMENTAL AFFAIRS BOARD
ARTICLE I
PURPOSE The purpose of this Board is to meet monthly to
review, analyze and recommend to the Orange County
Commissioners any action on Environmental problems of
the County.
ARTICLE II
MEETINGS This Board shall meet on the first (1st) Thursday of
each month and have called meetings when necessary.
ARTICLE III
MEMBERSHIP
Section 1 This Board shall consist of fifteen (15) members
appointed by the County Commissioners. Composition
of the Board shall include individuals from a
spectrum of vocations and professions including, but
not limited to, business, engineering, economics,
health, natural and water resources, hazardous
material, solid waste, education, or other
specialties related to environmental management.
Section 2 Each year the Board shall elect its Chairman.
Section 3 Each member shall be appointed to serve a three (3)
year term.
Section 4 Five (5) senior members shall rotate off each year.
Section 5 The Commissioners may appoint a member to succeed him
or her.
ARTICLE IV 030
SUBCOMMITTEES
Section 1 The Board shall consist of four (4) subcommittees.
A. Hazardous Material
B. Natural Resources
C. Solid Waste
D. Water
Section 2 Each subcommittee shall have no less than three (3)
members.
Section 3 Any other matters not related to these subcommittees
shall be disposed of by the full Board.
-
ORANGE COUNTY Action Agenda 03/
BOARD OF COMMIISSIONERS Item No. f
ACTION AGENDA ITEM ABSTRACT f
MEETING DATE January 19. >988
Subject:
o , o . ' ' " •TEMENTS
•
•
Department: BOARD OF COMMISSIONERS Public Hearing: Yes I no
Attachments: Information Contact: Shirley E. Marshall
Copy of memorandum from Martha Harris Phone Numbers: 732-8181, 968-4501,
227-0231
PURPOSE: Consideration of Board support of legislation requiring the filing of real
property transfer information sheet before a deed could be recorded.
NEED: The Association of County Commissioners has been asked by the legislative
Property Tax System Study Commission if counties would support legislation requiring
the filing of a "full disclosure" statement on all real property transfers. A. copy
of the memorandum from Martha Harris, staff counsel for the study commission, is
attached. This memorandum details the reasons for the request.
RECOMMENDATION: Support legislation requiring the filing of real property transfer
information sheet before a deed could be recorded.
NORTH CAROLINA GENERAL ASSEMBLY
32 LEGISLATIVE SERVICES OFFICE
2129 STATE LEGISLATIVE BUILDING
RALEIGH 27611
GEORGE R. MALL. JR.
LEGISATIVE AOMINISTRATIVE OFFICER f��rho
L 44
TELEFNONE:(919)733-7044 `' -.pa
GERRY F. COMEN. DIRECTOR f:"1--)-7,1!w 71.E _ • M. GLENN NEWKIRK. DIRECTOR
LEGISLATIVE DRAFTING DIVISION ( '/q l}- I7.' LEGISLATIVE AUTOMATED STSTEMS DIVISION
TELErNONE:(91 9)733-6660 L •a6 TEI.EnioNE:(91 9)733-6634
=r4 y
THOMAS L. COVINGTON.DIRECTOR -�-- ^� TERRENCE D. SULLIVAN. DIRECTOR
FISCAL RE$EARCM DIVISION -" ;f• RE$EAnOn Division
TELErNONE:(919)733.4910
•�c.r� TELE►NONE: (919)733-2579
10—DEC-87
MEMORANDUM
TO: Association of County Commissioners
FROM: Martha Harris , Counsel 710,-,
Property Tax System Study Commission
SUBJECT: Real Property Transfer Statements
The Property Tax System Study Commission requests the Association
of County Commissioners to poll the Boards of County
Commissioners in . the State regarding the following question and
to report the results of the poll to the Study Commission.
REASON FOR QUESTION: As part of the School Facilities Finance
Act of 1987 , the General Assembly now requires the Department of
Revenue to make .annual sales/assessment ratio studies in every
county, and such studies must be conducted in accordance with
generally accepted principles and procedures . The results of
these studies will be used in allocating the proceeds of the
Critical School Facility Needs Funds and to adjust the values of
public service company property, as required by law.
In order to more effectively carry out these requirements, and to
avoid unnecess?ry litigation, the Department of Revenue has
requested that some type of information statement be required
when real property deeds are recorded. A number of counties
already require these statements . The statements are needed to
establish that sales are truly "arm' s length" transactions.
QUESTION: Whether the Board of County Commissioners would
support legislation that required the filing of a real property_
transfer information statement before a deed could be recorded.
The statement could be- a separate sheet or part of the deed. The
statement would contain ( 1 ) the name and address of the seller or
grantor, ( 2 ) the name and address of the buyer or grantee , and
( 3 ) the total consideration given for the property, including the
amount of any loan assumed. The information in the statement
would be confidential and could not be disclosed to the public or
used for any purpose other than conducting sales—assessment ratio
studies or defending appraisals in tax appeals .
033
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action A nda
Item No.
.x
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: ADOPTION OF INTERIM PLANNING DOCUMENT
DEPARTMENT: COMMISSIONERS PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT:
SHIRL MARSHALL, X505
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider adopting the 5-year Capital Improvements Program
as an interim planning document.
BACKGROUND: A Capital Improvements Program 1988-89 through 1992-93 has
been proposed by the administration to the Commissioners for
adoption on 1 February 1988 as requested by them on adoption
of 1987-88 budget. The proposal includes all requests by
County departments, the two school systems and the recommen-
dations of a separate recreation and parks master plan. The
estimated cost of all desired projects is $58, 713,289:
County Facilities Projects - $11, 340,580
County Equipment - 2, 015, 000
Recreation and Parks Master Plan - 6,498, 000
Schools - 38,859, 709
(Chapel Hill-Carrboro - $27, 002, 409 ; Orange County -
$11,857, 300)
Financing methods could include State and federal grants,
lease purchase agreements and ad valorem taxes, but would
depend primarily on dedicated receipts from 1/2 cent sales
taxes, the public school building fund and a bond issue to be
brought to the citizens in November, 1988.
The Commissioners have agreed to appoint a Citizen's Advisory
Group and to seek the help of a consultant to study the pro-
posal and to bring recommendations both on a doable, afford-
able 5-Year CIP and the amount and contents of the proposed
bond issue based on need and marketability.
034
Independent opinions research and communications, Inc. , from
whom the Commissioners have solicited a proposal, recommend
the adoption of the proposed CIP as an Interim Planning docu-
ment.
I believe, and County Management and the Consultants agree,
that in order for such a planning document to be most under-
standable and useful to the Advisory Citizen Group and the
attitude work of the consultant, any already identified incon-
sistencies, duplications, ambiguities, differing assumptions
should be changed, clarified or questioned on adoption of the
Interim Planning document.
County Management will present the Recreation and Parks Master
Plan for adoption as a planning document on February 16, 1988.
RECOMMENDATION(S) :
To adopt the proposed CIP with modifications, clarifications,
changes as an Interim Planning document.
ORANGE COUNTY O`�S
BOARD OF COMMISSIONERS
Action Ada
Item No. 6
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: PROPOSAL FROM INDEPENDENT OPINION RESEARCH AND COMMUNICATION,
INC.
DEPARTMENT: COMMISSIONERS PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT:
SHIRL MARSHALL, X505
TELEPHONE NUMBER:
Hillsborough - 732 -8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider the proposal to the Orange County Board of
Commissioners from Independent Opinion Research and Communica-
tions, Inc.
BACKGROUND: See agenda item G-1; the consultants do not see a need to be
here. Should the Board see a need for the consultant to be
present, the item can be postponed until the 1 February
meeting.
RECOMMENDATION(S) :
Adopt the proposal.
P.O Box 501
Wnghtsviie Beach, N.C.28480
0 0 r] (919)256-3976
t7 2029 Hubbell
Dearborn,Michigan 48128
(313)562-9308
INDEPENDENT OPINION RESEARCH
& COMMUNICATIONS, INC.
December 29, 1987
Hon. Shirley Marshall
Chairman, Orange County
Board of Commissioners
707 E. Franklin Street
Chapel Hill, NC 27514
Dear Ms. Marshall,
Independent Opinion Research and Communications, Inc. is pleased to
present you with a proposal for a market research study and public
educational program based on the proposed Capital Improvements Program
in preparation for a November Bond Issue election.
This proposal takes into account your need to adopt a CIP soon, and our
current work schedule for the months of January and February. All
aspects of this proposal can be adapted to fit your needs as they
emerge in discussion with us and with your Board and management staff.
In other words, the proposal is presented for discussion purposes.
We hope you are enjoying a pleasant holiday season.
Sincerely,
4.11-1.4a-1 /611;r4r2d7-:
• " Karen E. Gottovi
Secretary/Treasurer
Q 3'r
PROPOSAL TO THE ORANGE COUNTY BOARD OF COMMISSIONERS
FROM
INDEPENDENT OPINION RESEARCH & COMMUNICATIONS. INC.
Independent Opinion Research and Communications. Inc. proposes a
three stage process in regard to your Capital Improvement Program
document and its implementation.
1 . Preliminary Adoption of the CIP:
We suggest that the Board of Commissioners adopt the CIP as a
planning document for study at the present time, rather than as a
final set of projects to be implemented within the 5 year period
on the cover. This will give you a plan from which to work
without committing you to any or all of the projects included in
it, or any or all of the funding mechanisms described, either. It
will also allow you to add other projects, if you deem them
necessary.
Adopting the CIP as an interim planning document also makes
sense since you are in the process of hiring a new county manager.
He or she will have suggestions that you will want to include in
the plan before final adoption.
2. Study Process:
a. Establishment of a Citizen Advisory Group on the CIP
A broad based citizen group is very helpful in establishing
community need and community acceptance of capital projects. The
committee should consist of +/- 20 persons who represent different
constituencies in the community and who can work in a consensus
building atmosphere. The County Commissioners should themselves
be part of this group and meet with the group on a regular basis_
The group should be facilitated by a trained individual who is not
a member of the committee or of county management, and staffed by
someone from county management who can see that the organizational
needs of the committee are met.
The Committee should study the community needs reflected in
the CIP and any other needs brought to their attention through
speakers, site visits, constituent comments, survey, etc.
b. Survey of Registered Voters of Orange County
A statistically reliable sample (500) of voters should be
polled as to their perception of Orange County problems and their
preferred solutions to these problems. This process will give the
Citizens' committee and the Commissioners a much broader picture
of true public opinion -than does the typical public hearing, for
it disallows the practice of "stacking the hearing" in favor of
one or two projects to the detriment of other presumably equally
worthy projects.
The survey can also help the Committee and the Commissioners
decide which of the projects would be appropriate to place on the
ballot for bond referendum vote.
Independent Opinion Research & Communications, Inc.
P.O. Box 501 - Wrightsville Beach, N.C. 28480 • (919)256-3976
038
3. Final Adoption of the Capital Improvements Plan:
After the Citizens' Advisory Committee and the Commissioners
have studied the projects recommended by the preliminary CIF plan
and the community through hearings and survey, they will recommend
a final Capital Improvements Plan to be adopted by the County
Commissioners for implementation from 1988-1992. They will also
recommend a set of projects to be placed on the ballot for bond
referendum on the November ballot.
TIMELINE FOR PROPOSAL January 18 -- March 30
We suggest a three month timeline for the CIP adoption process.
It does not have to begin immediately, but if it did , we have some
sample dates to illustrate the scenario.
1 . Preliminary adoption of CIP:
Depending on your statutory or customary requirements, we
suggest that the CIP be adopted as a planning tool on January 18
during the regular County Commission meeting. Announce the
formation of a CIP Citizens' Advisory Committee, ask for
volunteers, and describe the process to be followed in arriving at
the Final CIP.
2. Appointment of the CIP Citizen Advisory Committee at the
February 1 meeting. Select the committee from citizens currently
serving on boards and commissions, and from respected constituent
leaders in the county.
3. Committee meetings February - April
4. Survey: March 14-18; report: March 29
This timing puts the survey after Super Tuesday. Voters will
have received many polling calls in February and early March.
5. Final adoption of CIF - end of April
b. We suggest that the Citizens' Advisory Committee be asked to
continue on as the steering committee of an expanded advocacy
group to raise the money for and to run the bond referendum
campaign in the Fall. A new survey could be performed for that
group, designed to help structure the winning campaign. IOR&C
would also be interested in designing an informational brochure
for the county in regard to the components of the bond referendum.
as well .as advocacy pieces for the campaign.
Independent Opinion Research & Communications, Inc.
P.O. Box 501 • Wrightsville Beach, N.C. 28480 • (919)256-3976
039
COST:
IOR&C will consult with the Orange County Board of Commissioners
at the rate of $55 per hour plus travel and subsistence costs.
Our consultation will be helpful in structuring the Citizens'
Advisory Group and planning its program of work . After the bond
package is set and the advocacy group established, we would be
interested in working with the committee as well as the county.
Estimated cost of consultation is $5,8000 over the 10 months until
election time.
Survey: If Orange County can provide a bank of 15 - 20 telephones
for 4-5 evenings, IOR&C will perform the 10 minute telephone
survey of 40C) registered voters for an all inclusive cost of
$7,500.
A total Orange County bond election campaign (including those
research and informational items which can be paid for with tax
dollars) will run $40 to $50 thousand. The rule of thumb is that
you will spend .01% of the total bond package to pass the bond.
Independent Opinion Research & Communications, Inc.
P.O. Box 501 • Wrightsville Beach, N.C. 28480 • (919)256.3976
0 411.
Proposal Assumptions:
1 . The Capital Improvement Program 1988-e9 through 1992-93
document is not yet adopted by formal process of the Orange County
Board of Commissioners.
2. The CIP is the result of management staff work , and is a
compilation of requests from County agencies and the two school
systems.
C. The CIP follows the policies adopted by the Orange County
Board of Commissioners regarding the use of sales tax revenues,
the various capital reserve funds, and recurring school
maintenance needs. The Commissioners are not desirous of changing
these policies at this time.
4. The Board of Commissioners is interested in devising a process
by which they are assured of widespread public education about the
capital projects included in the CIP, and a reasonable amount of
input as to the degree of public acceptance of the necessity of
these projects and their willingness to fund them at an
appropriate level .
•
Independent Opinion Research & Communications, Inc.
P.0. Box 501 - Wrightsville Beach, N.C. 28480 • (919)256.3976
041
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action A ga
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 19, 1988
SUBJECT: AMENDMENTS TO NOISE ORDINANCE
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE
ORDINANCE
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider amendments to the existing Noise Ordinance in
Orange County.
BACKGROUND: The Sheriff and staff recommend that the maximum allowable
sound level with a permit be lowered from 85 dB(A) to 75
dB(A) . Since every 3 dB doubles the noise level, the recom-
mended maximum level would be approximately 10 times less than
currently allowed.
It is also recommended that the hours for noise permits be
reduced since many of the noise associated complaints occur
after 12 : 00 midnight.
The Sheriff Department will continue to use the Simpson Model
884 as measurement instrument. This unit measures both high
and low frequency noise.
RECOMMENDATION(S) :
Approve the following changes to the noise ordinance.
-- allowable sound levels with a permit would be lowered from
85 dB(A) to 75 dB(A) ;
- hours in which a noise permit is valid would be amended as
follows:
Friday 5 p.m. - 12 midnight
(currently 5 p.m. - 1 a.m. Saturday)
Saturday 5 p.m. - 12 midnight
(currently 5 p.m. - 1 a.m. Sunday)
, , I
042
A RESOLUTION AND ORDINANCE TO PROVIDE FOR THE
CONTROL OF NOISE IN ORANGE COUNTY
Pursuant to the authority provided in N.C. Gen. Stat. Section 153A-121,
153A-123 and 153A-133, the Board of Commissioners of Orange County hereby
resolves and ordains as follows:
Article I: Definitions
In addition to the common meaning of words, the following definitions
shall be used in interpreting this ordinance.
(1) "A" weighting scale: The sound pressure level in decibels as
measured with a sound level meter using the "A" weighted
network. The standard unit notation is dB(A).
(2) dB(A): Sound level in decibels determined by the "A" weighting
scale of a standard sound level meter having characteristics
defined by the American National Standards Institute (ANSI)
Publication ANSI, S14-1971.
(3) Decibel: A unit of measure on a logarithmic scale, of the ratio
• of the magnitude of a particular sound pressure to a standard
reference pressure, which for purposes of this ordinance shall be
20 micronewtons/meter2,
(4) Impact Noise: Sound that occurs intermittently rather than
continuously.
(5) Sound Amplifying Equipment: Any device for the amplification
of the human voice, music or any other sound, including juke
boxes, stereos and radios.
043
(6) Sound Level: In decibels, a weighted sound pressure level
determined by the use of a sound level meter whose
characteristics and frequency weightings are specified in the
ANSI Standards.
(7) Sound Level Meter: Any instrument certified to meet or exceed
ANSI standards which includes an omni-directional microphone, an
amplifier, an output meter and frequency weighting network(s) for
the measurement of sound level.
8) Sound Pressure Level: In decibels 20 times the logarithm to the
base 10 of the ratio of the magnitude of a particular sound
pressure to the standard reference pressure. The standard
reference pressure is 20 micronewtons/meter2.
Article. l:.,,.Maximum Permissible Standards by Receiving Land
(1) The use of sound amplifying equipment is limited to the
conditions specified in this article.
(2) A live musical group or individual using sound amplifying
equipment may operate out of doors only if the property owner,
tenant in possession or in the case of a business the business
manager or an authorized agent of that business manager has
been granted a permit. This permit may be secured after it is
signed by an authorized agent of the musical group and by a
representative of the individual organization or group retaining
the services of the musical group and on whose premises the
amplifying equipment is to be used.
(3) No person shall operate or cause to be operated any source of
sound in such a manner as to create a sound level which exceeds
-2-
044
the limits set forth in Table I below when measured as specified
in Article III.
Table I: Sound levels (dB(A)) by Receiving Land
8 A.M. - 11:00 P.M. 11 P.M. - 8 A.M.
60 50
(4) Sound levels in excess of those listed in Table I above will
be permitted as follows:
Without a With a
Permit Permit
Thursday Evening 70 dB(A) 85 dB(A)
(5:00 p.m.-ll:00 p.m.
Thursday)
Friday Evening 70dB(A) 85 dB(A)
(5:00 p.m.-1:00 a.m.
Saturday)
Saturday 70dB(A) 85 dB(A)
(10:00 a.m.1:00 a.m.
Sunday)
Article III: Sound Measurement Standards
Standards, instrumentation, and measurement procedures to be used in
the measurement of sound as provided for in this ordinance are as follows:
(1) Sound level measurement shall be made with a sound level meter
using the "A" weighting scale set on "slow response."
.(2) Sound level meters shall be of at least Type Three meeting
American National Standards Institute, Incorporated (ANSI) 51.4 -
1971 requirements (or the latest approved version thereof). The
entire sound measurement system shall be serviced and operated
as recommended by the manufacturer. Persons using the sound
level meters shall be trained in sound level measurement and the
operation of sound level meters.
-3-
045
(3) Except in the case where noises are emanating from within
multi-family structures and the complainant is a resident of the
same multi-family structure, noise measurements shall be taken
at the corner of the primary structure of the complainant
nearest the noise source but when this location is not practical
noise measurements shall be made at the boundary of the public
or private right-of-way which adjoins the complainants' property.
(4) In the case of noises emanating from within a multi-family
structure and where the complainant is a resident of the same
multi-family structure, noise measurements shall be made in the
unit of the complainant at a height of at least four (4) feet
above the floor and at a point approximately equidistant from all
walls.
Article IV: Exceptions
The following are exempt from the provisions of this ordinance:
(1) Construction operations from 7 A.M. to 9 P.M. on weekdays and
8 A.M. to 9 P.M. on weekends for which building permits have
been issued, or construction operations not requiring permits;
provided all equipment is operated in accordance with the
manufacturers' specifications and with all standard equipment,
manufacturers' mufflers and noise reducing equipment in use and
in proper operating condition.
(2) Noises of safety signals, warning devices, emergency pressure
relief valves and church bells.
(3) Noises resulting from any authorized emergency vehicle when
responding to any emergency call or acting in time of
-4-
046
emergency.
(4) Unamplified noises at street activity (such as fairs or parades)
where the participants have a permit for use of the streets.
(5) All noises coming from the normal operation of properly equipped
aircraft (not including scale model aircraft).
(6) All noises coming from motor vehicles properly equipped with the
manufacturers' standard mufflers and noise reducing equipment in
use and in proper operating condition.
(7) Noise from lawful fire works and noise makers on holidays.
(8) Lawn mowers and agricultural equipment used between daylight
and 9 P.M. when operated with all the manufacturers' standard
mufflers and noise reducing equipment in use and in proper
operating condition.
(9) Agricultural equipment operated for farming purposes.
Article V: Permit to Exceed Maximum Permissible Standards
(1) A person or group of persons intending to operate or cause to be
operated a source of sound in excess of sound levels not
requiring a permit as specified in Article II, must apply for a
permit.
(2) Any person or persons desiring a permit shall apply as provided
herein and provide all information required.
(a) The applicant must apply for a permit at least forty-
eight (48) hours prior to the activity for which the
permit is requested.
(b) The Orange County Manager, or his designee, will act
upon all requests for a permit to exceed maximum
-5-
04
permissible standards.
(c) In considering and acting on all requests for permits
pursuant to this article, the Manager shall consider, but
shall not be limited to, the following in issuing or
denying such permit: the timeliness of the application;
the nature of the requested activity; previous experience
with the applicant; the nature of the event; the time of
the event; other activities in the vicinity of the location
proposed; the effect of the activity on surrounding areas;
previous violations, if any, of the applicant.
(d) Upon receipt of a permit to exceed maximum
permissible unpermitted sound levels, the applicant will
pay to Orange County an administrative fee of $5.00.
(e) Permit holders agree to cooperate with the Orange
County Sheriff's Department in enforcing this ordinance
by having the applicant available at the site of the
event during the entire time for which a permit has
been issued and being capable of assisting the Sheriff in
enforcing this Ordinance. Failure of the applicant to be
present or to assist the Sheriff as herein prescribed shall
be cause for revocation of the permit.
Article VI: Burden of Proof Regarding Exceptions
In any proceeding based upon this ordinance, if an exception stated in
this ordinance would limit obligation, limit liability, or eliminate either an
obligation or liability, the person who would benefit from the application of the
exception shall have the burden of proving that the exception applies and that
--6--
• •y
048
the terms of the exception have been met.
Article VII: Violations and Penalties
(1) Violations
The Orange County Sheriff shall be responsible for
determining noise level violations of this ordinance. Upon his
determination that the noise levels prescribed herein have been
exceeded he shall determine the source of the noise and the
person responsible for it and promptly notify the person
responsible of the noise limits prescribed herein and the fact that
they are being exceeded. He shall also then notify the person
responsible to immediately reduce the noise level to that
permitted herein. Failure on the part of the person responsible
to immediately comply with the Sheriff's directive to reduce the
noise level to a permissible level after notification shall
constitute a violation of this ordinance. Failure on the part of
the person responsible to maintain the noise to a permissible
level after notification shall also constitute a violation of this
ordinance. Failure to maintain noise to a permissible level shall
include any incident of noise exceeding the levels prescribed
herein occurring within twenty-four hours of notification by the
Sheriff that the noise exceeds permissible levels.
For purposes of this ordinance "The Orange County Sheriff"
shall include the Sheriff and any Deputy Sheriff of Orange
County.
(2) Civil Penalties
(a) Any person violating any of the provisions of this ordinance
-7-
o4 ,
shall be subject to a civil penalty of one hundred dollars
($100.00). Each day of a continuing violation shall
constitute a separate violation under this subsection.
(b). The Orange County Board of Commissioners shall assess
civil penalties under this ordinance and shall make written
demand for payment upon the person responsible for the
violation and shall set forth in detail the violation for
which the penalty has been invoked. If payment is not
received or equitable settlement reached within sixty (60)
days after demand for payment is made, the matter shall
be referred to the County Attorney for institution of a civil
action in the name of the County in the appropriate
division of the General Court of Justice of Orange County
for recovery of the penalty. Any sums recovered shall be
used to carry out the purposes and requirements of this
ordinance.
(3) Criminal Penalties
Any person who violates any provision of this ordinance
shall be deemed guilty of a misdemeanor punishable by
imprisonment not to exceed thirty (30) days or by fine not to
exceed fifty ($50.00) dollars. Each day of a continuing violation
shall constitute a separate violation under this subsection.
Article VIII: Severability
If any provision of this ordinance is adjudged invalid or if the
application thereof to any person or in any circumstance is adjudged invalid, such
invalidity shall not affect the validity of this ordinance as a whole or of any
_g_
050
•
part, subpart, sentence or clause thereof not adjudged invalid.
Article XIX: Abrogation
This ordinance is not intended to repeal, abrogate or impair any
greater restrictions imposed on existing easements, covenants, or deed
restrictions. Wherever the provisions of any other law, ordinance or regulation
impose higher standards than are required by the provisions of this ordinance, the
provisions of such law, ordinance or regulation shall govern.
Article XIII: Effective Date
Following the adoption of this ordinance as provided by law, this
ordinance shall be effective on August 15, 1983.
•
-9-
w
•
051
•
AMENDMENTS TO THE RESOLUTION
AND ORDINANCE TO PROVIDE FOR THE
CONTROL OF NOISE IN ORANGE COUNTY
BE IT ORDAINED that the Board of Commissioners of Orange County
hereby amend the Resolution and Ordinance to Provide for the Control of Noise
in Orange Cuonty in the following respects:
Article V(2)(a) is amended to read as follows:
(a) The applicant must apply for a permit at least forty-eight (48)
hours prior to the activity for which the permit is requested.
This forty-eight hour requirement shall not prohibit the issuance
of a permit in situations where the application is received less
than forty-eight hours prior to the activity, provided the
application is made within enough time of the activity for the
County Manager to consider the factors necessary and contained
in Section V(2)(c) of this ordinance.
Article V(2)(e) is amended to read is follows:
(e) Permit holders agree to cooperate with the Orange County
Sheriff's Department in enforcing this ordinance by having the
applicant or the applicant's designee as indicated on the permit
application available at the site of the event during the entire
time for which a permit has been issued and agree to assist the
Sheriff in enforcing this Ordinance. Failure of the applicant or
designee of the applicant to be present or to assist the Sheriff
as herein perscribed shall be cause for revocation of the
permit.
This Ordinance Amendment is effective upon its adoption.
052
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action Aqr i a
Item No. V
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: ADOLESCENTS IN NEED FUNDING REQUEST
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
ADOLESCENTS IN NEED (12/29/87)
CORRESPONDENCE
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider a request from Adolescents in Need for additional
funding.
BACKGROUND: Adolescents in Need notified the Board, during the 1987-88
Budget deliberation, that additional funding would be needed
to support a significant increase in the number of adolescents
involved in the program. The Board agreed to review the
financial status at mid year. Since that time, the project
has also experienced a reduction in State grant support.
The request is for $6, 000 to maintain current staffing levels
through the fiscal year. Correspondence regarding the request
is attached. Project representative will be present at the
meeting.
Staff have reviewed the request, and the only available fund-
ing source is the Commissioners Contingency. The current
balance in that account is $33, 670.
RECOMMENDATION(S) :
As the Board decides.
05 R 3JAN
THE UNIVERSITY OF NORTH CAROLINA 1988
AT
CHAPEL HILL
Lion of Community Pediatric The University of North Carolina at Chapel Hill
4, Wing C,Medical School 22IH Department of Pediatrics
966-2504 Chapel Hill,NC 2751d
December 29 , 1987
Mrs. Shirley Marshall
Chairman
Orange County Commissioners
Hillsborough, NC 27278
Dear Mrs. Marshall:.
Last year we requested an increase in funding for the Adolescents-in-Need
Project from $30,500 to $37,000. At that time we were not granted an
increase but were told to request additional funding again at the first of
the year when the county budget was more clear.
In the interval our grant from the N. C. Department of Public Instruction was
cut from the requested $50,000 to $42,000, which has increased the pressure on
our budget. The number of adolescents involved in the program has increased
considerably. 'There have been thirty new referrals during the first semester
with a significant increase in adolescents at risk at the high school level.
The project is now housed at the high school, and this has contributed to an
increased number of self-referrals by adolescents.
We urgently need an additional $6,000 to maintain our current staffing level
through the fiscal year. Without this support we will need to reduce our
staff as early as April.
We appreciate the past support of the County Commissioners. We believe the
project has had a very positive impact on adolescents in Orange County. If
you have any questions about the current status of the project or the need for
these funds, please contact me or Mrs. Betty Compton.
Thank you for your consideration of this request.
Sincerely yours,
42eL /40,---
Frank Loda, M.D. Betty P. Compton, F.N._'
Professor of Pediatrics
Director, Adolescents-in-Need Project •
cc: Moses Carey, Steve Halkiotis, John Hartwell, Donald Wilhoit (Commissioners)
and Albert Kittrell (Acting County Manager)
054
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action A enda
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: RAPE CRISIS FUNDING REQUEST
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
RAPE CRISIS CENTER (12/14/87)
CORRESPONDENCE TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To consider a request from Rape Crisis for additional funding.
BACKGROUND: Rape Crisis Center has experienced a $20, 000 shortfall in
funding this year. In an effort to meet the immediate budget
crisis, they are requesting that each local funding source
provide assistance. The request to Orange County is for
$5,800. Correspondence regarding the request is attached.
Staff have reviewed the request, and the only available
funding source is the Commissioners Contingency. The current
balance in that account is $33, 670.
Rape Crisis Center representatives will be present at the
meeting.
RECOMMENDATION(S) :
As the Board decides.
Orange County Rape Crisis Center
Q 5 Box 871
Chapel Hill, N.C.27514
Business 24-hour
968-4647 967-7273
December 14, 1987
Albert Kittrell
Acting County Manager
106 East Margaret Lane
Hillsborough,NC 27278
Dear Mr.Kittrell:
The purpose of this letter is to request$5,800.00 from Orange County to help mitigate an
unexpected budget shortfall our Center has experienced this fiscal year.
We have a $20,000.00 impending budget deficit. As you know, our Center requested
$18,000.00 from Orange County for fiscal year 1987-88. We were allocated$13,500.00. In
addition, we budgeted for $20,000.00 in state moneys, administered through the N,C.
Council on the Status of Women. After the local funding cycle was complete, we were
notified that the cap on requests for these state moneys was reduced from $25,000,00 to
$10,000.00. We received no preliminary warning about the cap reduction. We
requested the $10,000.00 maximum, but received $8,000.00. Also, we budgeted for
$20,000.00 in Federal Victims of Crime Act (V.O.C.A.) moneys, but received $16,198.00.
The end result of these funding shortfalls is the$20,000.00 deficit, the effects of which
are already being felt by our agency. We are already utilizing our carryover
emergency contingency funds,.
To try to make up for these losses, Center staff submitted two large grants: $18,000,00
to the Junior League of Durham and Orange Counties, and $20,000.00 to the Z. Smith
Reynolds Foundation. Both grants were denied.
Now, in an effort to meet the short-term budget crisis, we are requesting each of our
local funding sources help us recoup these losses during this fiscal year. We are
currently revising our 1988 and 1989 budgets to include significantly more internal
fundraising in the hopes of rebuilding our contingency funds to prevent future
shortfalls,
Each year our Center hold a membership drive Phone-A-Thon, from which we receive
a significant portion of our operating moneys (approximately 12 percent of our 1987
revenues). This drive is being expanded for 1988. In addition, we are researching
every possible source for external moneys through grants from foundations,
churches, and philanthropic organizations. We are also working on additional
internal fund raising strategies.
We estimate our carryover contingency moneys will run out by the end of March 1988,
If we are not able to recoup significant portions of our$ 20,000.00 shortfall by
Supported by: Orange County,Towns of Chapel Hill, Carrboro, and Hillsborough,
United Way of Orange County and United Way of Chapel Hill-Carrboro
051
then, we will need to reduce staff. Our two program staff positions, the Community
Education and Outreach Coordinator and the Child Advocate Staff Person, are heavily
underwritten by the state and federal moneys. These two position are also responsible
for the majority of the approximately 4,000 Orange County citizens our Center serves
each year. Thus, cutting back these staff positions will directly affect the numbers of
persons our Center can serve.
We believe the direct services we provide to persons affected by sexual victimization,
and the sexual assault and child sexual abuse prevention programming we provide to
the citizens of Orange County are necessary. They are unduplicated. In addition, we
are an integral part of the service delivery system in the county.
We very much need your emergency assistance at this time. We will be happy to
answer any questions you may have about our services, budget, staffing, etc. Please
contact our staff if you would like any further information.
Thank you very much for your consideration. We hope to hear from you soon.
Sincerely yours,
„.6
Julie Linehan,President
JL:as
cc: Shirley Marshall,Chairperson, Orange County Commissioners
L5i
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action A da
Item No.
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: EFLAND SEWER MAINTENANCE PROPOSAL
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
PROPOSAL
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: Consideration of Efland Sewer Maintenance Proposal.
BACKGROUND: In October, 1987 Efland Sewer Maintenance Proposals were
requested from the Town of Mebane, Town of Hillsborough,
Hydro-Management (firm formerly managing Hillsborough's sewer
operation) and Orange Water and Sewer Authority. Specifi-
cally, local sewer utilities were requested to submit a pro-
posal outlining personnel, vehicles and equipment needed to
monitor, operate and maintain the County gravity collection
system, central pump station and four individual pumps. OWASA
was the only utility that responded to the request for
proposals. After receiving OWASA's proposal County management
met with OWASA management to review and clarify all elements
of the proposals.
Although both staffs believe the attached maintenance arrange-
ments is potentially workable, OWASA Board of Directors has
not reviewed the proposal nor have possible legal
ramifications been discussed.
The 1987-88 operations budget for the Efland Sewer project is
$25, 000. OWASA's proposal is within the budgeted amount.
Based on the attached proposal the cost estimates for the
remainder of the 1987-88 fiscal year are as follows:
Item A. Operation and Maintenance of McGowan Creek Pump
Station
Item B-D. "As needed" corrective maintenance
058
RECOMMENDATION(S) :
1. Approve proposal and authorize Manager to request OWASA
Board of Directors to consider staff proposal; and
2 . After receipt of favorable response from OWASA, authorize
County Attorney to draft sewer maintenance agreement
between Orange County and OWASA for the remainder of the
1987-88 fiscal year.
Orange Water and Sewer Authority
400 Jones Ferry Road
OWASA P.O. Box 366 05
Carrboro, NC 2. 7510
(919) 968-4421
January 12, 1988
Mr. William T. Laws
Assistant County Manager
Orange County
106 East Margaret Lane
Hillsborough, NC 27278
Dear Mr. Laws:
SUBJECT: EFLAND/CHEEKS SEWER PROJECT: REVISED OWASA STAFF RESPONSE
TO ORANGE COUNTY STAFF'S REQUEST FOR PROPOSAL
On October 30, 1987 Orange Water and Sewer Authority (OWASA) staff submitted a
preliminary response to Orange County's October 23, 1987 Request For Proposal
relative to the operation and maintenance of the Efland/Cheeks sewer system. On
December 21,- 1987 OWASA staff met with you and Mr. Albert Kittrell to review the
OWASA staff submittal. The draft- proposal has been revised .to reflect the
issues discussed during that meeting and also incorporates the increased salary
schedule which went into effect January 1, 1988. A copy of the revised -
draft proposal is enclosed for your review.
Your request and the OWASA staff draft response have not been discussed with the
OWASA Board of Directors or General Counsel. Furthermore, OWASA has not
reviewed the agreement between Orange County and the Town of Hillsborough
relative to the Efland/Cheeks sewer system. The provision of the requested
services will involve a significant commitment of OWASA personnel, equipment and
resources, and potentially additional legal liability.
If -Orange County determines that the revised draft is an acceptable potential
maintenance arrangement for the Efland/Cheeks sewer lines and pump station, I
suggest that a request for consideration be forwarded from -the County
Commissioners to the OWASA Board of Directors. A County representative should
be available to make a presentation relative to this request at the time the
topic is scheduled for discussion by the OWASA Board.
Please contact Ronald Williamson, Plants Manager, if you have any additional
questions relative to the enclosed response.
Very my yours,
Everett Billingsley
Executive Director
wp:WS
Attachments
cc: Edward N. Mann, Jr., Chairman, OWASA Board of Directors
Robert Epting, Esquire
Albert Kittrell, Acting County Manager, Orange County
Wayne Munden
Ronald Williamson
An Equal Opportunity Employer
060 DRAFT
ATTACHMENT #1
ORANGE WATER AND SEWER AUTHORITY
PROPOSED LABOR AND EQUIPMENT RATES APPLICABLE TO THE PROVISION OF
MAINTENANCE SERVICES FOR EFIANWCHEEKS SEWER SYSTEM
(Revised Draft- January 12, 1988)
The labor, equipment and overhead rates quoted below are those in effect as of
January 1, 1988. These rates are subject to revision to reflect the rates in
effect at the time of execution of the agreement and annually thereafter.
A. Operation and Maintenance of McGowan Creek Pump Station:
Labor (1 employee, 3 hours, @ $10.25/hour) $ 30.75
Equipment (3 hours @ $4/hour) 12.00
Materials and supplies 3.00
Total Direct Costs 45.75
Indirect Costs (1.29 x Labor costs) 39.70
TOTAL COST PER VISIT: $ 85.45
NOTE: It is recommended that this service be provided at a frequency
of at least 3 visits per week. OWASA inspects its pumping
stations on a daily basis.
B. Corrective Maintenance Services at McGowan Creek Pump Station:
Labor (2 employees, 4 hours each, @ $16.70/crew-hour) $ 66.80
Equipment (4 hours @ $4/hour) • 16.00
Materials and supplies *** As Required ***
Total Direct Costs 82.80
Indirect Costs (1.29 x Labor costs) 86.20
TOTAL COST: $169.00 *
* NOTE: This service will be on an "as-needed" basis. Additional costs
will result if more than 4 hours are required to correct the
problem which caused the alarm condition or if this work would
be done at the overtime rate for labor, which is 1.5 times the
normal labor rate. Note that materials and supplies costs are
not included.
DRAFT
ATTACHMENT #1
Page Two 061
C. Provision of Tanker For Temporary Pum and Haul of Wastewater:
Labor (2 employees, @ $17.50/crew-hour) $ 17.50/hour
Equipment 28.00/hour
Over-the-road-tractor/tanker ($21/hour)
Portable pump ($3/hour)
Pick-up service truck ($4/hour)
Total Direct Costs 45.50`hour
Indirect Costs (1.29 x Labor costs) 22.60/hour
TOTAL COST: $ 68.10/hour *
* NOTE: This service will be on an "as-needed" basis. The hourly charge
would begin at the time CJWASA personnel and equipment depart
from CWASA to the Efland pumping station and continue until the
return to OWASA headquarters. The overtime multiplier for labor
is 1.5.
D. Corrective Maintenance to Remove Blocks a In Gravit Sewer:
Labor (2 employees, @ $16.70/crew-hour) $ 16.70/hour
Equipment 29.00/hour
Pick-up service truck ($4/hour)
Vactor- High Pressure Sewer Hodder ($25/hour)
Total Direct Costs 45.70/hour
Indirect Costs (1.29 x Labor costs) 21.55/hour.
TOTAL COST $ 67.25/hour *
* NOTE: This service will be provided on an "as-needed" basis. The
hourly charge will begin at the time the GHIASA personnel and
equipment depart from °NASA to the Efland sewer problem and
continue until the return to C1IASA headquarters. The
overtime multiplier for labor is 1.5.
062
ORANGE COUNTY
BOARD OF COMMISSIONERS
Action AgAnda
Item No. -I
ACTION AGENDA ITEM ABSTRACT
Meeting Date: JANUARY 19, 1988
SUBJECT: 1988-89 ANNUAL GOALS
DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No
ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S
OFFICE,X501
GOALS OUTLINE
TELEPHONE NUMBER:
Hillsborough - 732-8181
Chapel Hill - 968-4501
Mebane - 227-2031
Durham - 688-7331
PURPOSE: To review and comment on annual goals.
BAKCGROUND: On December 5, 1987 the Board established goals for the 1988-
89 fiscal year. Department Heads, at their January 20-21,
1988 retreat, will develop implementation strategies for each
goal. To insure that the written goals are an accurate inter-
pretation of the December 5 verbal discussion, staff encour-
ages Board revisions and comments.
RECOMMENDATION(S) :
For discussion.
063
GOALS
I. FINANCE
A. Bond Issue:
(Goal) Successful bond referendum in November, 1988.
(Objectives) 1. Establish a working group.
2 . Hire marketing consultant.
B. Budget
(Goal) Adoption of a concise, program oriented budget by
June 30, 1988.
(Objectives) 1. Accurate projections of revenues and expendi-
tures.
2 . Review program goals versus program results.
3 . Creative presentation.
C. Fund Balance
(Goal) Restore fund balance to an acceptable level.
II. SCHOOLS
A. Equal Funding
(Goal) Examine available option to achieve equal funding.
(Objective) 1. Employ an educational consultant to facilitate
this process.
B. Budget Process
(Goal) Agreement between schools and the County on what
constitutes a continuation budget.
III. GROWTH MANAGEMENT
A. Water
(Goal) Implement recommendations of the two water commit-
tees. (Long Range Water Management Strategy Commit-
tee and Reservoir Site Committee. )
(Objectives) 1. Initiate Phase II of reservoir site study.
2 . Establish a water resources board.
3 . Develop capacity use statement for public hear-
ing.
4. Further study of watershed protection issues.
B. Sewer 064
(Goal) Successful adoption of water/sewer policy.
(Objectives) 1. Initiate Inter-jurisdictional meetings.
C. Solid Waste
(Goal) Continued improvement of solid waste management.
(Objectives) 1. Further consolidation of green box sites.
2 . Prepare updated maps of green box sites.
3 . Enhance recycling programs within the County.
4. Explore new landfill sites.
5. Promote public awareness regarding solid waste
issues.
D. Boundary Lines
(Goal) Define Orange/Chatham County boundary lines.
E. Joint Planning with Hillsborough
(Goal) Establish joint planning with Hillsborough and desig-
nate rural buffer areas.
I ES
- ' •vlsory ommisslon
(Goal) Re-- ' a SAC.
(Objectives) 1
2 - - • - - - - :._ ' • ,ers
and–Ns-ACT-
.74-0 n `
G eorefoude 01 .cy' i�►.S e..r�
B. Human Service Programminga �r 4*-x/Ze f7(eVV,vd�s e� 4°1
(Goal) Promote family focus with a teen emphasis.
(Objectives) 1. Conduct a one-day symposium exploring opportuni-
ties for youth. aa/
2 . Identify and coordinate yeti programs, offered
by various entities throughout the County, to
ensure effective service delivery.
(Goal) Identify alternatives to 100% funding for Day Care.
(Objectives) 1. Request Social Services Board to review and
recommend programs that will serve everyone
equally in the area of day care.
2. Timely communication of in day care fund-
ing policies to the day ca a community.
3 . Monitor the Act for Better Child Care
legislation.
i10Si 5'i J rdelio/e015 O 7
(Goal) Establish joint-planning for Human Service needs with
area jurisdictions.
(Goal) Promote literacy in Orange County through some level
of funding for programs.
C. Non-Departmental Agencies
(Goal) Define relationship of County and Non-Departmental
Agencies.
(Objectives) 1. Receive staff recommendation regarding County's
funding relationship with non-departmental
agencies.
2 . Establish criteria for obtaining County funding
that would facilitate and respond to new as well
as on-going programs.
D. Housing
(Goal) Promote improved housing for low and moderate income
residents.
(Objective) 1. Begin implementation of the Housing Task Forces'
Recommendation.
V. OTHER ISSUES DISCUSSED
Airport--site selection.
Human Communication--better relations between public
servants and citizenry.
Computerization--enhance office automation.
066
ORANGE COUNTY Action Agenda
BOARD OF COMMISSIONERS it No. fJ
ACTION AGENDA ITEM ABSTRACT
MEETING DATE January 19, 1988
Subject: APPOINTMENTS
CDepartment: BOARD OF COMMISSIONERS 11 Public Hearing: Yes x no
Attachments: Information Contact: Beverly A. Blythe.
Under Separate Cover
Phone Numbers: 732-8181, 968-1+501,
227-0231
PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards.
The following vacancies are announced for the first time for information only.
A-5 - ECONOMIC DEVELOPMENT COMMISSION - 4 vacancies (expansion of membership) .
B-7 - HUMAN SERVICES ADVISORY COMMISSION - 5 expiration of term (Phyllis Beane,
Michelle Cotton, Chris Nutter , Ruth Royster , Ina D. Whitted) .
B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy (resignation
of Lynn Bechard) •
C-2 - CARRBORO PLANNING BOARD - 1 expiration of term (Toy Cheek) .
C-6 - HILLSBOROUGH PLANNING BOARD - 1 expiration of term (Jim Culbreth) .
C-8 - ORANGE COUNTY PLANNING BOARD - 4 expiration of term (Chris Best,
Barry Jacobs, Peter Kramer, Betty Marguson) .
The following vacancies are announced together with the indication of the
status of securing candidates for consideration of appointment.
A-1 - ABC BOARD - 1 vacancy due to an expiration of term for Charles Etheridge
who is now serving as Chair of this Board. He does desire to be considered
for reappointment and is eligible.
B-4 - COUNTY ADVISORY BOARD ON AGING - 1 vacancy. No new resumes have been
received.
B-20 - HUMAN RELATIONS COMMISSION - A recommendation has been received from
Orange High School for Board consideration of appointment . One additional
resume has been received.
C-7 - ORANGE COUNTY BOARD OF ADJUSTMENT - 1 vacancy for an alternate position.
No new resumes have been received. The Planning Board recommends that Dan
Eddelman replace Sharlene Pilkey as the Planning Board representative.
RECOMMENDATION: As the Board decides.
NORTH CAROLINA CONTRACT AND AGREEMENT
Orange COUNTY
THIS CONTRACT AND AGREEMENT, made and entered into this the 19=
day of _January , 19 , by and between the COUNTY OF
Orange , partly of the first part, also referred to as
County and the White Cross Volunteer Fire Department 9
party of the second part, also referred to as Fire Department;
W I T N E S S E T H:
THAT WHEREAS, N.C.G.S. .69-25.5 provides that counties may provide
for fire protection in a fire district by contracting with any incor-
porated nonprofit volunteer or community fire department; and
WHEREAS, the new N.C.G.S. 159-13 , which became effective
July 1,1973, provides that the budget ordinance "may be in any form
that the Board (of Commissioners of Orange County) deems
most efficient in enabling it to make the fiscal policy decisions em-
bodied therein, but it shall be so organized that the accounting sys-
tem will show appropriations and revenues by line items within at least
the following funds: . . . a fund for each special district whose
texes are collected by . . ." the county of Or an oo ; end
WHEREAS, the party of the second part is a nonprofit corporation
organized for fire protection purposes; and
WHEREAS, it serves a special tax district created by a vote of the
people; end
:~ m
-2-
WHEREAS, it is desirous to make application to the United States
of America, acting through the Farmers Home Administration, United
States Department of Agriculture, hereinafter referred to as the Farm-
ers Home Administration for a loan in the amount of $ 253,000
and
WHEREAS, the County of Orange levys and collects
the taxes and is responsible for appropriating said funds for the use
end benefit of the citizens in the fire protection district; and
WHEREAS, the County desires to grant a long-term contract to en-
able party of the second part to make long-range plans; and
WHEREAS, the County desires to standardize all its arrangements.
with Fire Departments in the County;
NOW, THEREPORE, in consideration of the premises and the consider-
ation of. TEN DOLLARS to each the other in hand paid, the parties here-
to contract and agree as follows:
1. The party of the first part contracts and agrees that it will
cause to be assessed or levied a special tax of up to .15
per one hundred dollar valuation of all real and personal property in
the White Cross Fire District
unless otherwise limited by law and/or a vote of the people; and will
collect said tax as a part of the ad valorem taxes of the County of
Orange ; provided however, beginning with the fiscal year
1985 the amount levied annually shall be based on the needs
•
, -3-
projected in the budget estimate submitted by the Fire Department
to the County and approved by the County Commissioners.
2. That a special or separate fund shall be maintained by the
County.for funds collected as a result of said special tax.
3. That current taxes , as they are collected by the county,
shell be paid to Q}rpctcirs of th @, White Cross Fire District, Orange County
by the day of each month or as follows :
Quarterly
that delinquent taxes shall be remitted quarterly.
4. The party of the second part shell provide the necessary
equipment and personnel for furnishing adequate fire protection as
determined by the North Carolina Department of Insurance, Fire and
Rescue Service Division, for all property located within the
IThite Cross Fire District , and it will furnish said
fire protection free of charge to all persons end individuals located
in said District in an efficient and workmanlike manner.
5. That all funds paid to the party cf the second part by the
party of the first part shall be used exclusively to provide fire
protection within said ,• r„, r� .�� r4,0 n;c+.-;rr
and to pay other legitimate fire protection expenses including principal
and interest on the aforementioned loan made by the Farmers Home Admin-
istration.
6. It is agreed that the party of the first part may inspect all
books and accounts for the party of the second part at any time that
it dwsire: it is further agreed that the. Fire Department will
-4-
present to the County Commissioners an annual audit by .p C.P.A. which
. audit shall be in conformity with ex}pting audit policies of the Coun-
ty.
7. The party of the second part agrees to comply with County bud-
geting procedures and other procedures provided for by State Law end
agrees to submit budget estimates to the Board of Commissioners on
the standard forms used by county departments; the party of the sec-
ond part also agrees to use standard line items for accounting de-
vised or consented to by the County Accountant from time to time.
6. This contract shall expire 20 years from the date of closing of the
FmHA loan. Previous contracts between Orange County and the White Cross Fire
Department to the extent inconsistent with this contract are revoked upon the
effective date of this contract. Cael"'-
I 55 Is
9. The party of the second part further agrees to .file with the
County Auditor a true copy of the Articles of Incorporation, existing
Bylaws and any changes made thereto from time to time; further, the
party of the second part agrees to adopt bylaw's which meet all minimum
legal requirements and which bylaws, in addition thereto, have reason-
able provisions enabling citizens of the community to participate in
the affairs of the corporation at at least an annual Meeting and vest-
ing in a Board of Directors the authority to manage the affairs of the
, corporation without a vote of the membership to the extent permitted by
N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act.
•
•
.— -
-5-
IN TESTIMONY WHEREOF, the party of the first part has caused
this instrument to be executed by the Chairman of the Board of
County Commissioners and attested by the Clerk of the County Board
of Commissioners , end the party of the second part has caused this
instrument to be signed in its name by its president, attested by
its Secretary, and its corporate seal hereto affixed, all by order
of its Board of Directors duly given.
Orange COUNTY BOARD OF COMMISSIONERS
Hy:
(Chairman)
ATTEST:
/ / (Clerk)
White Cross Volunteer Fire Department
(Name of Fire Department)
By: 0---)
(President)
A�S?:
-
/ Secretary)
(AckBaia figment
•
This instrument has been pre-audited in the manner required by the Local
Government and Fiscal Control Act,
Finance Officer
•
•
; .• IL _. ., -
NORTH CAROLINA GENERAL ASSEMBLY
LEGISLATIVE SERVICES OFFICE
2129 STATE LEGISLATIVE BUILDING
RALEIGH 27611
GEORGE R. HALL. JR.
LEGISLATIVE ADMINISTRATIVE OFFICER '' 4A-STA�a`•
TELEPHONE:(919)733-7044 �"$�d "s
GERRY F. GOHEN, DIRECTOR �A & '. M. GLENN NEWKIRK, DIRECTOR
LEGISLATIVE DRAFTING DIVISION tf r LEGISLATIVE AUTOMATED SYSTEMS DIVISION
TELEPHONE:(91 9)733-6660
TELEPHONE:(91 9l 733-6834
THOMAS L. COVINGTON.DIRECTOR TERRENCE D. SULLIVAN. DIRECTOR
ra,�n.
FISCAL RESEARCH DIVISION _ RESEARCH DIVISION
TELEPHONE:(919)733-4910 . 4 TELEPHONE: (919)733-2578
10-DEC-87
MEMORANDUM
TO: Association of County Commissioners
FROM: Martha Harris, Counsel 1 � -
Property Tax System Study Commission
SUBJECT: Real Property Transfer Statements
The Property Tax System Study Commission requests the Association
of County Commissioners to poll the Boards of County
Commissioners in . the State regarding the following question and
to report the results of the poll to the Study Commission.
REASON FOR QUESTION: As part of the School Facilities Finance
Act of 1987 , the General Assembly now requires the Department of
Revenue to make annual sales/assessment ratio studies in every
county, and such studies must be conducted in accordance with
generally accepted principles and procedures . The results of
these studies will be used in allocating the proceeds of the
Critical School Facility Needs Funds and to adjust the values of
public service company property, as required by law.
In order to more effectively carry_._oat theserequir-eme-n-t ,, and—to— --
avoid unnecessary litigation, the Department of Revenue has
requested that some type of information statement be required
when real property deeds are recorded. A number of counties
already require these statements . The statements are needed to
establish that sales are truly "arm' s length" transactions.
QUESTION: Whether the Board of County Commissioners would
support legislation that required the filing of a real property
transfer information statement before a deed could be recorded.
The statement could be a separate sheet or part of the deed. The
statement would contain ( 1 ) the name and address of the seller or
grantor, ( 2 ) the name and address of the buyer or grantee, and
( 3 ) the total consideration given for the property, including the
amount of any loan assumed. The information in the statement
would be confidential and could not be disclosed to the public or
used for any purpose other than conducting sales-assessment ratio
studies or defending appraisals in tax appeals .
APPROVED FEBRUARY 1, 1988 1
MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 19, 1988
The Orange County Board of Commissioners met in regular session on
Tuesday, January 19, 1988 at 7:30 p.m. in the Courtroom of the old Post
Office, Chapel Hill, North Carolina.
BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners
Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit.
ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant
County Manager William T. Laws, Assistant County Manager/Personnel
Director Beverly M. Whitehead, Management Analyst Pamela Jones, Clerk to
the Board Beverly A. Blythe, Director of Planning Marvin Collins,
A. BOARD AND MANAGERS COMMENTS
Chair Marshall announced that the attorney will not be in attendance
because of illness. She stated she listened to the tapes for the January
4, 1988 meeting with reference to the comments made on McLennan's Farm.
G-3 was removed from the agenda - Noise Ordinance.
F-3 was removed from the consent agenda and placed on the regular
agenda as G-3
Commissioner Hartwell stated that the County Senior Citizens Board on
Aging passed a motion to work with Parks and Recreation on providing a
mixed use facility in Efland and in the interim to support JOCCA on using
another facility. A second motion was passed asking that renovations be
made to the Cedar Grove facility.
B. AUDIENCE COMMENTS
1. Matters on the Printed Agenda
Those who have indicated a desire to speak to items on the printed
agenda will be recognized at the appropriate time.
2 . Matters not on the Printed Agenda
Mr. Bobby Ray spoke about the loud music at Roman's Roller Rink
and asked that the Noise Ordinance be presented in Hillsborough so that
those who live in that facility may be present.
Mr. Bjorklund reiterated Mr. Ray's comments.
Chair Marshall explained that the Noise Ordinance was removed from
the agenda because it was felt the changes may not be effective and solve
the problems in the area.
C. MINUTES
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the December 18, 1987 minutes as presented.
VOTE: UNANIMOUS. '
Motion was made by Commissioner Halkiotis, seconded by Commissioner
Carey to approve the December 15, 1987 minutes as corrected.
VOTE: UNANIMOUS.
PUBLIC CHARGE
Chair Shirley E. Marshall read the public charge.
2
D. RESOLUTIONS OR PROCLAMATIONS
1. Resolution of Support for the Capacity Use Designation for the Eno
River
Commissioner Willhoit asked that the Board defer action on this
resolution until after the public hearing. He stated that emphasis should
be on the management plan and not the capacity use designation.
Chair Marshall indicated that John Wray specifically stated that
once the process is started that you can't only pick part of it. If it is
designated a capacity use, the State will work with the County on the
regulations and as the problems are solved the regulations will be
removed.
The Board deferred action on this resolution.
E. REPORTS - NONE
F. ITEMS FOR DECISION - CONSENT AGENDA
Motion was made by Commissioner Hartwell, seconded by Commissioner
Carey to approve the items on the Consent Agenda as listed below:
1. Change Day Observed for the Easter Holiday
To amend the Personnel Ordinance Article Iv, Section 4. 1 to read
Good Friday instead of Easter Monday and to Change Article IV, Section 4.7
to read "When a holiday falls on a Saturday or a Sunday, Monday will be
observed, unless otherwise designated.
2. Fire Protection Contract
To approve entering into a contract as amended by the County
Attorney with White Cross Volunteer Fire District trustees for the purpose
of providing fire protection to the White Cross Fire District.
3 . Bid Award for Computer Equipment (removed from Consent Agenda and
considered under item G3)
4. Commissioners' Salary (removed from the Consent Agenda and
considered under Item G8)
5. Workplan - Environmental Affairs Board Recommendations (removed
from the Consent Agenda and considered under Item G9)
6. Bylaws of the Environmental Affairs Board (removed from the
Consent Agenda and considered under Item G10)
7. County Position on "Full Disclosure" Statements
To support legislation requiring the filing of real property
transfer information before a deed may be recorded.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION - REGULAR AGENDA
1. Adoption of Interim Planning Document
Commissioner Willhoit indicated it premature to adopt the CIP as a
planning document and suggested adopting the CIP in May or June and at
that time decide how the items will be funded.
Chair Marshall stressed the importance of having a document from
which an advisory group can work.
No action was taken on this item.
2. Proposal from Independent Opinion Research and Communication, Inc.
(A copy of this proposal is in the permanent agenda file in the
Clerk's office)
Chair Marshall noted that number one and two of the timeline are
the most important parts of the proposal that need to be addressed
tonight. The cost would be $55. 00 per hour and paid from the County
Commissioners' budget.
Motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to engage the firm of Independent Opinion Research and Communi-
cations, Inc. to help the county design a telephone survey and provide
consultation on developing a process for adoption of the CIP and
developing a bond package with the first $6,800 of the total fee to be
paid from the County Commissioners' budget.
VOTE: UNANIMOUS.
Consideration of amendments to the Noise Ordinance were delayed until the
February 1, 1988 meeting.
3 . Bid Award; Computer Equipment
Bids were received for Computer Equipment, Computer Software and
Computer Maintenance and Training. The bids are listed on a bid
tabulation sheet filed in the permanent agenda file in the Clerk's office.
Data Processing Director Keith Brooks described the type
of equipment that will be purchased.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to award the bids as follows:
PC Mart - Micro-computers at $1,399 each
PC Mart - 1200 baud modems at $119 each
PC Mart - Tape Backup at $469 each
Pro-Micro Pacific - PFS Write Software at $119 each
Pro-Micro Pacific - Word Perfect software at $198 each
Pro-Micro Pacific - WordStar 2000 software at $195 each
Pro-Micro Pacific - Microsoft software at $225 each
Pro-Micro Pacific - MultiMate Adv. II software at $279 each
Pro-Micro Pacific - Lotus 123 software at $299 each
Pro-Micro Pacific - PFS Plan software at $89 each
Pro-Micro Pacific - Quathro software at $129 each
Pro-Micro Pacific - D Base III Plus software at $379 each
Pro-Micro Pacific - PFS Plan software at $89 each
Infocel - P.C. Reality software at $995 each
Midcom Communications - Terminals ADDS 1010 at $285 each
Midcom Communications - Terminals ADDS 2020 at $384.99 each
PC Mart - Dot Matrix printers at $699 each
PC Mart - L.Q. printer at $869 each
PC Mart - Okidata Laser Printer at $1, 675 each
VOTE: UNANIMOUS.
4. Adolescents in Need Funding Request
Betty Compton from the Adolescents in Need Program asked that the
Board consider a $6, 000 allocation to enable the program to maintain
current staffing levels through the fiscal year. The additional funding
is needed to support a significant increase in the number of adolescents
involved in the program since moving to the High School location.
Motion was made by Commissioner Carey, seconded by Commissioner
Halkiotis to approve an allocation of $6, 000 from the Board of
Commissioners' contingency fund for the Adolescents in Need project.
VOTE: UNANIMOUS.
5. Rape Crisis Funding Request
Julie Linehann, President of the Orange County Rape Crisis Center
reported that the Center has a $20, 000 deficit this year and asked that
the County consider allocating an additional $5,800 to the Center. The
result of not receiving this additional amount of money will mean the loss
of one staff position.
Chair Marshall expressed support for the program. She pointed out
that the County allocation at budget time was not cut but maintained on
the same level and that services were increased knowing the shortfa4
ll
would occur.
The Board agreed that the program is extremely important to the
County but that funds are not available at this time to help with the
shortfall. They requested that the Administration review the budgets for
both the Health and Social Services departments to see if additional funds
can be located.
6. Efland Cheeks Sewer Maintenance Agreement
(A copy of the proposed agreement is in the permanent agenda file
in the Clerk's Office) .
The presentation was made by Assistant County Manager Bill Laws.
Motion was made by Commissioner Carey, seconded by Commissioner
Hartwell to (1) approve the proposal and authorize the Manager to request
OWASA Board of Directors to consider staff proposal; and (2) after receipt
of a favorable response from OWASA to authorize the County Attorney to
draft the sewer maintenance agreement between Orange County and OWASA for
the remainder of the 1987-88 fiscal year.
VOTE: UNANIMOUS.
7. 1988-89 Annual Goals
(A copy of the goals as corrected is in the permanent agenda file
in the Clerk's Office)
The Board reviewed the goals and made corrections to section IV. -
Human Services.
8. Commissioners' Salary (Item F4 from the Consent Agenda)
Motion was made by Commissioner Willhoit, seconded by Commissioner
Hartwell to adopt the amount of $5,947 for the level of annual compensa-
tion for the Board of Commissioners with the understanding that the
Commissioners are not a part of the pay plan and that any change in the
Commissioners ' salary shall be by specific motion of the Board during the
budget process.
VOTE: UNANIMOUS.
Commissioner Willhoit asked that the compensation for travel be
reviewed and that other methods for compensation be considered.
9. Workplan - Environmental Affairs Board Recommendations (Item F5
from the Consent Agenda)
(Complete narrative is in the permanent agenda files in the
Clerk's office)
Motion was made by Commissioner Halkiotis, seconded by
Commissioner Hartwell to approve the plan as presented by the EAB with the
deletion of number one under water resources.
VOTE: UNANIMOUS.
10. Bylaws of Environmental Affairs Board (Item F6 from the Consent
Agenda)
(A copy of the bylaws is in the permanent agenda file in the
Clerk's Office) .
Motion was made by Commissioner Willhoit, seconded by Commissioner
Halkiotis to approve the bylaws as amended.
VOTE: UNANIMOUS.
H. APPOINTMENTS
The following appointments were made:
ABC BOARD
Charles Etheridge
.
HUMAN RELATIONS COMMISSION
5
Marc Latta - Student Representative
Linnea W. Smith
ORANGE COUNTY BOARD OF ADJUSTMENT
Dan Eddleman - Planning Board Representative
William J. Waddell, Jr. Alternate Member
HUMAN SERVICES ADVISORY COMMISSION
Ms. Sharon Greene - Mental Health Board representative
NURSING HOME COMMUNITY ADVISORY COMMITTEE
Marian B. Donaldson
ORANGE COUNTY PLANNING BOARD
Barry Jacobs
I. ADJOURNMENT
With no further business to come before the Board, Chair Shirley
E. Marshall adjourned the meeting. The next regular meeting will be held
on Monday, February 1 at 7:30 p.m. in the courtroom of the Old County
Courthouse, Hillsborough, North Carolina.
Shirley E. Marshall, Chair
Beverly A. Blythe, Clerk