Loading...
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 5 1qq aGo 07" 069 3�9 jq� yes 3�s sq qq 'cps -wo Wpfdmlacr j MuAi<w�a c 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- '! ��.5 }5-2oda 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