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Agenda - 04-19-1988
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, APRIL 19, 1988 7:30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. BOARD AND MANAGERS COMMENTS B. PUBLIC 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 # PUBLIC HEARING 002 * 1. Master Recreation and Parks Plan D. RESOLUTIONS OR PROCLAMATIONS E. REPORTS 003 1. N.C. 57/157 Intersection and Hwy. 70/Orange High Road Intersection F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 006 1. Board of Elections Tabulators 007 2 . Tax Refunds Request 020 3 . Budget Amendments PAGE # 022 4. Governor's Highway Safety Program--Mini Grant 038 5. Health Yourself Policy Statement G. ITEMS FOR DECISION---REGULAR AGENDA 040 1. Affidavit--General Contractor Licensing Exemption 050 * 2 . Woodbrooke Subdivision--Acceptance of Land Dedi- cated to Orange County for Recreation/Open Space Purposes 055 * 3. Subdivision of Lot 9 Lake Woods--Acceptance of Land Dedicated to Orange County for Recreation/Open Space Purposes 060 * 4. Joint Planning Area Public Hearing 062 5. Public Records 078 * 6. Emergency Shelter Grant 086 7 . Hazen and Sawyer Engineering Services Proposal H. APPOINTMENTS EXECUTIVE SESSION--PROPERTY MATTER I. ADJOURNMENT (*) Indicates items that need immediate attention. 001 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. (j ACTION AGENDA ITEM ABSTRACT MEETING DATE 4/19/88 Subject: MINUITS ' I Department: BOARD OF COMMISSIONERS Public Bearing: Yes X no 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: March 15, 1988 - Regular Meeting April 4, 1988 - Regular 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 Agenda Item No. . Plat ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 1933 SUBJECT: MASTER RECREATION AND PARKS PLAN DEPARTMENT: Recreation and Parks PUBLIC HEARING •YES: XXX NO: ATTACHMENT(S) : INFORMATION CONTACT: Mary Anne Black TELEPHONE NUMBER-- Hillsborough - 732-8181 Chapel Hill - 968--4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive citizen comment on a proposed Master Recreation and Parks Plan for Orange County, revised in March 1988 to delete one of four proposed elements, "greenways. " BACKGROUND: In April 1987, work was begun on the preparation of a Master Recreation and Parks Plan for Orange County. The proposed plan was presented at public hearing can November 23, 1967 and on February 22, 1988. As a result cif citizen and advisory board concerns, on March 15, 1986, the County Commissioners voted to delete the greenways element from the Plan, and requested that the Plan be addressed again at public hearings On April 19 and May 2, 1988, so that citizens could comment on the other elements of the Plan. The Plan is designed to become one element of Orange County' s Comprehensive Paln and is ccinsistant with other county ordinances and land use plans. The Plan recommends that Orange County concentrate its efforts in the provision of three types of recreation and park facilities: (1) community parks (serving the more densely populated, unincorporated areas of the county) ; (2) district parks (serving a county- wide target population) ; and (3) swimming pools. Revision to the Plan specifically deletes the greenways element, and all text and/or map legends which reference the greenways is to be deleted. • 0 ORANGE COUNTY 003 BOARD OF COMMISSIONERS Action Agenda Item No._EJ___ ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 19, 1988 SUBJECT: NC57/157 INTERSECTION AND HWY. 70/ORANGE HIGH ROAD INTERSECTION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 DEPARTMENT OF TRANSPORTATION CORRESPONDENCE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive status report on the intersection of NC57/157 and the intersection of Hwy. 70/Orange High Road. BACKGROUND: At the March 1 Commissioners regular meeting citizens requested solution to alleviate accidents at the NC57/157 intersection. Also discussed was the traffic flow problem at the intersection of Hwy. 70/Orange High Road. The Department of Transportation has studied the problem at NC 57/157 and will install a double alternating flasher and place rumble strips at the intersection. DOT will proceed with the study of the Orange High Road intersection before June. r • d.�Sfg7�a 004 r.M�, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES G. MARTIN DIVISION OF HIGHWAYS GOVERNOR Greensboro, NC 27429-0278 JAMES E. HARRINGTON April 8 , 1988 GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Mr . Bill Laws Orange County Managers Office 106 Market Lane Hillsborough, NC 27278 Dear Mr. Laws: Attached is a letter concerning the status of NC57-NC157 as requested. The intersection of US70 with Orange High Road will be studied before summer vacation begins. If we can be of further assistance please advise. Sincerely, fr7A461 Watkins DIVISION ENGINERR JWW/DBK/cb cc: Mr. R. L. Willis Mr. D. B. Kelly //1<q..., �w hrtinn Fm ninvar n'°ay.r • 005 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES G- MARTIN GOVERNOR P. O. Box 9278 DIVISION OF HIGHWAYS Greensboro , NC 27429-0278 JAMES E. HARRINGTON March 25 , 1988 SECRETARY GEORGE E. WELLS, P.E. STATE HIGHWAY ADMINISTRATOR Mr . Charles Blalock, President Mr . Bryant Walker, Chief Caldwell Fire Department , Inc . Route 2 , Box 94B Rougemont , NC 27572 Dear Messrs. Blalock and Walker : This has further reference to your request for safety improvements at NC 57 and NC 157 in northern Orange County. We have completed our traffic study for safety improvements at this intersection. Plans are to upgrade the existing flasher to a double alternating flasher . This type of flasher provides better visibility. We also plan to place rumble strips to help delineate the intersection. Work will begin on these improvements by State Forces in the near future . Thank you for your interest in highway safety and if I can be of further assistance, please let me know. Sincerely, e=7 J. W. Watkins DIVISION ENGINEER JWW:mdj • cc: Mr . W. B. Buchanan, Jr . Orange County Board of Commissioners Mr R. L. Willis �i' R. B. Kelly Mr . J. M. Mills 006 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.Fx ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 19, 1988 SUBJECT: BOARD OF ELECTIONS TABULATORS 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 approve the purchase of twenty-five (25) reconditioned MR200 ballot tabulators effective July 1st. BACKGROUND: On Monday, March 14, 1988 preliminary agreement was reached with the Board of Elections to purchase twenty-five (25) reconditioned MR200 ballot tabulators. With this purchase, all county precincts will be equipped with tabulators, thus eliminating the necessity for hand-counting votes and improve accuracy in recording votes. Per request of the Board of Elections the Manager will request that these tabulators be the ones formerly used by the Brunswick County Board of Elections. Funding for these tabulators is established as follows: A) 32,500 previously appropriated for this purpose. B) 19,500 to be appropriated effective July 1, FY 88-89. RECOMMENDATION(S) : Manager recommends approval of tabulator purchase as outlined above. ORANGE COUNTY 007 BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 1988 SUBJECT: Tax Refunds Request DEPARTMENT: PUBLIC HEARING: Yes X No Tax Supervisor ATTACHMENT(S) : INFORMATION CONTACT: Individual Request TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 : Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider 12 request for refund of tax bills. • . II BACKGROUND: General Statutes 105-381 (b) Action of Governing Body - Upon receiving a taxpayers written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current liability or notify the taxpayer in writing that no release or refund will be made. RECOMMENDATION(S) : --a• • isi . . TWP Chapel Hill ACCT D 7919087 008 TRACTP 732500 MAP 7.15..1D* a Harold 6. Johnson BILL$ ' 8618544 Rt 1, Box 173A Rate code 09 Durham, NC 27705 • CLNT:• The same doublewide mobile home was listed on two.separate accounts'. • . Ref: .CS 105-381(a)(1)(b)'An illegal tax due to double 1.sti g\of = . . -same property - • • - ' . ACTION lEADIESTED: Refund tax overpayment for 1986 .- - - - Valuatioh:. $23,65.5 - • . - • GO .(.0065) :$153-76 _ d . F (.0006,) 14.19 - - . ' ' d• $167.95 Total Refund' - • • RECOMMENDATION: Approve = - . ORDER : :• • DATE: • 5 . - T VIP 1)1)1)1)9 ACCT 0 86469 • TRACTS 428195 MAP 4.30.C.7C • Hogue & Strickland BILLS • 8733151 110 W. Margaret Lane • Hillsborough, NC. 27278 C - - . • £ER NT:• Refund due to over listing of library.. Listed at- cost not - actual on hand items. • - - - -- - - . . - - • . Ref: G5 -105 -381(a)(1((a)•.Tax im p osed thro ugh cler ioa,l error. -• • ., T REQUESTED: Refund of tax overpayment for 1987• Valuation difference: . • $3,110 - .. •GO (.00606.) $18.85 . - _ I! •• . • . G3 (_.0045) 14.00 . . . - X32.85 - - is • RECOMMENDATION: Approve _ ORDER : : • DATE: ' . { • TWP ACCT it 66349 010 TRACTP 715723 MAP 30B. .21 1 . ] • John B. Wilson BILLl� 8719143• 15 Bluff Trail Chapel Hill, NC 27514 [ - - . . :. Due to clerical (measurement) error, this. condominium unit was appraised.for 1987 as having a main area of 1416 •sq feet. ' A . • review of property r indicates this unit tias .a main-area of only 13 60 - , sq feet. •- - \ • . •_ Ref: G5105-381(a)(1)(a) Tax 'i-mposed through clerical: error. - ACTION HE): Refund tax overpayment for 1987. Valuation Difference: -$9,006 • GO (.0061:6) •$ 4.58._ - G2 (.0054) ' $48.63. . CH ( 00165) $14.86 • - i1 .• • - • $718.07 Total=Refund - - .i RE�TIO$: Approve - : . ORDER : DATE: - • _ . 11P 6' • T - ACCT # 104319 011 TRACT ] MAP Carl D. Mills BXIL# - 8740458 Rt 1, Box 53A • Efland, NC 27243 [ ) _•CONNENT: Due to an error in- pricing,a 1981 0ldsaob#le was not priced as a - diesel. It was valued at -$4,040 but should have been $2,720. . - - .Ref: GS 8 \ 105`3 1(a)(1)(a) Tax imppsed through•clerical error.' : . - ACTION T®: Refund tax overpyament for 1987 . $4.,040-•7 . . •: '. _ - .- • - •• -. - $1•,320 Valuation -Difference . - . - GO" $8.00 `e • FF- .53 - LI, -85 , - $9.38 Total Refund �~ • RE�TION: Approve - - • ORDER : : DATE: • - • . . • 3 T wP Q ACCT C 119793 TRACT [ ] MAP • Clarence H. Adams BILLO 8730841 Rt 5, Box 238 Mebane, NC 27302 COINT: Due to a clerical keying error ' taxpa4Yer was taxed for equipment, when actual ..' - . ly the only property owned was livestock. Ref: G.S. 105-381(a)(1)a. A tax imposed through clerical. error. • ACTION 'REQUESTED: Refund amount of taxes - 1 paid on value of $4367 for equipment that taxpayer did not own. • 1. 987 • - GO .$26.46 .FB 1.39 • RECOMMENDATION: Approve ORDER : : I DATE: { TWP Chapel Hill ACCT P 25521 013 TRACTP 703485 ' F z MAP 7.122.A.6 i Jack BILLP ack Long 8737512 E 7413 Old NC 86 € Chapel Hill, NC 27514 f - 2 COMMENT: Due to a clerical- error, land was valued as type 6, commercial - • property, when should have been type 9, residential property. - . Ref: G.5.105-381(a)(•1)a. A tax imposed.through clerical error. . ' - _ ACTION REQUESTED: Refund tax overpayment on valuation difference.of $21,845..for 1987 only. Rate code 04 - - : GO. (.00606) : $132-38 • . - CH (.00165) . 36.04 _ • - - . FC (.00076). 16:60 • $185.02 • . • . RECOMMENDATION: Approve • ORDER : : DATE: - , : • • I =• . TWP 7 014 ACCT # 114920 • TRACTS 732575 MAP 108J..11 [ ] Kenneth Horne BIt_L 8735197 103 Cobblestone Dr. Chapel Hill, NC 27514 _ • • • Cam: House was-not here 1-1--87: Bill was be sent paid l=5-88, - Refund-needs to: to current owners. They paid the bill. through their. ' - I • mortgage Pent. ' - • ■ Ref: GS 105-381(a)(1)(a) tax imposed through clerical error. - .+ • ACTIA�1 TED: Refund _ For tax overpayment for 1987 on house and site value. $137,96 1988 v . a]yatibh 25,000 'Value before house and site value added . • $112,903 ',Value Difference • - GO ' I' $684.19 Gl. $660.48 - CH $186.29 $1,530.96 Total Refund' _' - REECOMMENDATION: APProve - � • • • ORDER : f • i I DATE: • I TWP 3 . ACCT 0 88043 615 • TRACTS 328670 MAP 3.54. .1K Robert A. Keller BILL 879276 & Sally Jo • Route 2, Box 116 Mebane, No 27302 - - [SIT:" Refund due to -o • - - . • - , verpayment of taxes on•Chris Craft -Boat. • Notifie4 our office that it was listed-in Craven County . _ but was not removed from value of personal property.. - - • •Ref: GS 105-381(e)(1)0.0 An'illegal tax due to.double listing - . • of same property- . • ACTION 'REQUESTED: Refund tax overpayment for year 1987 for goat. - $120, 3 • -i. - FB • 2.72 - • • { -� $ 8 04 - ----_ - ,5 slue Difference - - - ,-•$54.,25 Total Refund . - - REC©1 ITIOPI: Approve I . • ORDER : DATE: • 1 TWP Hillsborough 016 ACCT D 104801 1 RACTD 432096 C MAP 4.37.0.11 i Am-is B. France BILL# $72053 714 John Anderson Dr. Ormond Beach, Florida 32074 [ . CO 4€NT:• Subject property was_valued as 169,6232.acres. Actual acreage is 170.5232. This error- is a result of the. tract • during_the_1986 tax year when it was being being split revalued. • Ref: GS 105-381 a 1 z )( )(a) Tax imposed through clerical error. - - ACTION REQUESTED: Refund 1987 property tax overpayment. Valuation: $187,57 . r fi GO (.00606Y' .00606)•' $1,136.70 _ - G3 (.;0045) 844.08 - . •• i $1,980.78 - . _ • • • • • • . REC©MENDATION: Approve • . . {• ORDER : : - t DATE: - 1 . - � .. ` t Y 1.1P 4 ACCT 0 87001714 U 17 TRACTP I MAP Roberta F. Harris BILLS 50781 P.O. Box 1021 Hillsborough, NC. 27278 .� , I - + .4 �•• The automobile on this account was assessed - �nd paid. (Copy of bill and check attached).- This automobile was already listed on ' account•#11357 (Hal, Eugene G. & Cheryl) Refund•due for-1987 for double listing. • • •• Ref: GS 105-381(a)(1)(b) An .illegal tax due to double listing. ACTION g1'ED: Refund tax on 1985 Buick, value. $7940. - - GO $48.12 "' 1 .G3 35.73 - LL 8.38 - ! . - - • . $92.23 Total Refund - RE�T ION: Approve . - ORDER : -: DATE: " 7. . _....... _..,.., .T, 08 TUP 6 1 • ACCT G 75353 TRACTD 625043 • • C MAP 6.19A. .27• Pamela C. Welsh BILL# • 8732409 Rt 3, Box 37 • Dairyland Estates- • Hillsborough, NC 27278 • ] . . . . . • . CEMENT:• Leased motor vehicle was listed by above taxpayer and First Union •• National Bank of N.C. Taxpayer was billed and.:pa-id Bill #$717861. •=-. First Union-also billed on Bi11 #8732409• Refund'due .Gaxpay® s. • • • _. ' Ref: - .GS 105-381(a)(1)(b) An illegal tax due to double listing of: • : • • _ - same property. A ACTION REQUESTED: • • Refund tax overpayment. for year 1987 • • - Valuation $10,•150 .- - 1987 ' - • - 1 • • G0 $61.51 { . , . • -� - F . - 4.06 • �, , . .$65,57 + -. . . ' r •• - • -4 • RECOMMENDATION: pprove NDATION: A r • ORDER : : DATE: • r n sa"L :. CYia . . TWP pel Nlll ACCT P 95397 TRACTD n q MAP . ] - • Rose, Jacqueline Carrie BILLS 8746851 C1 Woodbridge Apts. Carrboro, NC 27510- • comm: 1977 Toyoto 4S; listed in error. Tax payer mistakenly indicated - • that.she owned 2- cars; a 1977 Toyoto and a 1986 Toyoto. Actually :- • sold 19777 Toyoto in August 1986. - "Ref: GS 195-38l(a) (1). (15): An• ' • illegal tax for property,.not-Tb-rnec .:=__• • Jan. 1, :19871 • ACTION REQUESTED: Refund tax overpayment for tax year 1987 Valuation $1,030 . . -- 1987 • . _ • CH 1.70 I - , . $13.97 • . RECOMMENDATIDAi: Approve • ORDER : : DATE: 020 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.jr +3 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 1988 SUBJECT: Budget Amendments DEPARTMENT: Finance PUBLIC HEARING YES: NO: x ATTACHMENT(S) : Proposed Budget INFORMATION CONTACT: Amendment Finance Office TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the following budget amendments . BACKGROUND: 1 . The Department of Social Services has received an Adult Services grant from the state. The total grant amount is $20,442 and no County match is required. This grant will be used for the purchase of equipment and current personnel time that is spent on the Adult Services project. 2 . The Orange County Arts Commission was awarded $3, 100 by the Board of Commissioners during the 1987-88 budget session. This money was to be utilized for a part-time administrative assistant. The Recreation Department, along with the Arts Commission, requests that $675 be transferred to the Recreation Department for the purchase of furniture for this position. 3 . This amendment proposes the transfer of $11,503 from the Handicap Accessibility project to the Courthouse & Ag Building project. The elevator project, which is budgeted in this fund, is complete and the transfer of this fund's fund balance will close the fund. These funds will be utilized to make additional modifications that are neces- sitated by the relocation of the County's admin offices . RECOMMENDATION(S) : Approve motion to amend the 1987-88 Budget Ordinance by the proposed amendments . f± ORANGE COUNTY O 1 PROPOSED • 1987-88 BUDGET AMENDMENTS The 1987-88 Budget Ordinance as adopted on August 4, 1987, and subsequently amended, is hereby amended as follows: BEFORE 1 . GENERAL FUND AMENDMENT AMENDMENT AFTER Appropriation: AMENDMENT: Social Services Source: $3, 969,503 $ 20,442 Social Services $3, 989, 945 Grant Block 221,585 20,442 To accept State grant for Adult Services project. 242, 027 2 . GENERAL FUND Appropriation: Recreation Department Source: Arts Commission $ 338,463 $ 675 $ 339, 138 25, 938 -675 To purchase furniture for Arts Commission su 25, 263 pport personnel. 3 . HANDICAP ACCESSIBILITY FUND Appropriation: Transfer to Courthouse & Ag Building Fund $ 0 Source: $ 11,503 Appropriated Fund Balance $ 11,503 0 11,503 COURTHOUSE & AG BUILDING CAPITAL FUND 11,503 Appropriation: Renovations Source: 40, 600 11,503 Transfer from Handicap 52, 103 Accessibility 0 11,503 to appropriate funds for additional modifications due to reloc 11'503 offices . ation of pproved this 19 day of April, 1988. 022 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No Meeting Date: April 19, 1988 SUBJECT: GOVERNOR'S HIGHWAY SAFETY PROGRAM--MINI. GRANT DEPARTMENT: Health PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Grant Proposal INFORMATION CONTACT: Mary Bobbitt- Cooke or Daniel B. Reimer TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 d5 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To..approve ._the mina-grant from the Governor's Highway- Safety Program to HEALTH YOURSELF, the employees wellness program. BACKGROUND: The Governor 's Highway Safety Program has offered mini-grants to the local Health Departments for the purpose of designing and implementing a local occupant protection program. HEALTH YOURSELF, in collaboration with adult-H clubs the county4employee andecommunity members bus elt program to be targeted for money will be used to develop print using county parking lots. This and publicity, software equipment , travel , etc. necessary ry on program. No county matches required. RECOMMENDATION(S) : Approve motion to accept mini-grant from Governor 's Highway Safety and authorize Chair to sign. • State of North Carolina• "'7:41° FOR GHSP USE ONLY - 'Ih STATE/LOCAL AGENCY 023 u LS � DATE RECEIVED I/ 'J PROJECT NO. APPROVED CONTRACT PERIOD •• Governor's Highway Safety •Through • Program PUBLIC HEALTH INITIATIVES IN OCCUPANT PROTECTION APPLICATION FOR MINI-GRANT AWARD INFORMATION ABOUT THE APPLICANT Date: / YONTH DAY YEAR Name of Agency/Organization Name of Project Dlreetor -Orange County Health Department Mary Bobbitt-Cooke Name of Responsible Official Title Daniel B. Reimer Health Promotion Coordinator Title • Signature n ' Director (/ Jam-ja Signature Mailing Address O. Box 8181 Mailing Address City/Slats/21p Phone P. 0, Box 8181 Hillsborough, NC 27278 919/73?-8181 X305 City/Stats/Zip Phone• Hillsborough, NC 27278 919/732-8181 X305 • ABSTRACT Program Title: HEALTH YOURSELF - Seat Belt Program Purpose: .. To increase seat belt usage in northern Orange County Summary Statement: (200 words or less) _- The Seat Belt Program conducted in northern Orange County by the Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, in collaboration with the Agricultural Extension Service, 4-H Youth. and Adult volunteers, will be targeted at the Orange County employees . and other community members who shop at the local supermarkets . Through education, observations, positive incentives (rewards for seat belt users) throughout the summer: of 1988, the program will increase seat belt _usage: in northern Orange County. The education/publicity campaign will consist of payroll_stuffers for county employees, advertisements at local/sponsoring merchants' , news releases in local paper and county employee newspaper, bag stuffers at the local supermarkets and posters at the county employee . worksite. (Please note that you will also be providing a more detailed narrative statement as outlined on page two (2) • • NARRATIVE STATEMENT* . I. Problem Identification: (see attached) D24 II. Target Audience: (see attached) III. Goals and Objectives: (see attached) IV. Methods of Technical Approach: (please indicate the Reporting Period (months#1-6 or months#6-12) during which each activity will be conducted) (see attached) V. Expected Results: (see attached) VI. Probable Impact and Modified Behaviors: (see attached) VII. Identification of Community Resources: (see attached) BUDGET REQUESTED (For a more itemized budget, see attached) ITEM" AMOUNT Applications should be 1 Materials $ 1,023.25 postmarked on or before January 30, 1988 2 Travel 80.00 3 Production Costs.._ 435.00 and sent to: 4.Overhead/Health Department 175.00 Ms. Lisa Keith Seat Belt Coordinator 5'. Govenor's Highway Safety Program Total 215 E. Lane Street $ 1.715 .25 Raleigh, NC 27606 "Applicants will determine the number and kinds of items presented (e.g. materials, personnel, travel) according to the nature of the • program they plan to undertake. Please limit your budget description to five items. *Additional information may be attached 025 PROBLEM IDENTIFICATION Northern Orange County', the rural neighbor of Chapel Hill/Carrboro, was not included in the UNC-Highway Safety Research Center 's seat belt safety program, Seat Belts Pay- Off, conducted in 1984 . Consequently, in January 1987 , at the beginning of the Post-Law/Citation Phase, when Chapel Hill/Carrboro reported driver seat belt usage rates at 80%, rural Northern Orange county was estimated to be at the 75. 7% level . Since that time, driver usage rates have declined both in the urban area as well as the rural . The UNC-Highway Safety Research Center (HSRC) has estimated Northern Orange driver seat belt usage to be 59 .3% at present . This low rate of driver seat belt usage in Northern Orange County needs to be raised through an educational/incentive program, similar to the program in Chapel Hill/Carrboro. TARGET AUDIENCE The Seat Belt Program conducted in Northern Orange County (by the Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, in collaboration with the Agricultural Extension Service, 4-H Youth and Adult volunteers) will be targeted at the Orange County employees (421 ) . This number also includes Orange-Person-Chatham Mental Health employees and Occoneechee Regional Library employees located in Hillsborough. Additionally, the seat belt program will extend into the community and will target grocery shoppers at the two local supermarkets. Rationale for target population: 1 . Orange County Government is the largest employer in Northern Orange County. These office parking lots not only serve the employees, but also many Northern Orange county residents using the county services. 2. The program will be held at the two supermarkets located in Hillsborough. This group of shoppers is considered to be representative of Northern Orange residents. GOAL AND OBJECTIVES Goal : To increase seat belt usage rates among residents of Northern Orange County to 80%. 026 Objectives: 1 . By March 30 , 1988, the Orange County Health Department 's Employee Wellness Program, HEALTH YOURSELF, will establish a collaborative relationship, with the Orange County Agricultural Extension Service, 4-H Program for the purpose of designing and planning the educational/incentive seat belt usage program for the target population. 2. By April 30 , 1988, the 4-H volunteers will have held a contest for its membership to design the Seat Belt Program 's logo and theme. 3. By May 30 , 1988, the Program Coordinator of HEALTH YOURSELF and the Adult and Youth volunteers of the 4-H will identify sponsors for the educational/incentive seat belt program among _Northern Orange County merchants. 4. By May 30, 1988, the educational campaign (consisting of payroll stuffers, grocery b announcements in county in-house newsletter, adverers, in local paper, posters, etc. ) will be developed. 5.5. By June 30, 1988, the HEALTH YOURSELF coordinator and the 4-H volunteers will be trained by UNC-HSRC to observe seat belt usage and will collect baseline data. 6 . By July 8, 1988, the initial educational campaign for the target population will be implemented. consist of payroll stuffers in County Employee 's (This July 8th1 paycheck, advertisement/news releases for July 6, 13, and 10,News of Orange newspaper, posters in Sponsor 's businesses and at the worksite, and ' 500 per supermarket pre week during the cahy aig stuffers at campaign. ) 7. On July 11 , 1988, the 4-H volunteers will begin observation of the target population seat belt usage. will be provided incentives/rewards/education. Rates wiJllrbe gathered and compared to baseline data. Observations will occur at different times and days. 8. By August 1 , 1988, the second educational campaign for the target population will be implemented b Department 's HEALTH YOURSELF Y the se payroll stuffers in County Employee's August 5, 1988 consisslth t of paycheck, advertisements and news releases in the August 3 and 10, 1988 News of Oran e. 9. By August 30, the target population will have been observed at least five times for seat belt usage , and users rewarded. Rates will be gathered and compared to baseline data. 027 10 . By October 30 , 1988, the final report of the educational/incentive campaign in Northern Orange County will be filed in the Governor 's Highway Safety Program office. METHOD OF TECHNICAL APPROACH Start Up Activities March * Establish a collaborative relationship between Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, and the Agriculture Extension Service, 4-H program, to design the Seat Belt Program. * Obtain assurances for training necessary to implement and run the Northern Orange Seat Belt Program from the UNC-Highway Safety Research Center. April * Conduct a contest among the 4-H clubs for the Seat Belt Program ' s logo and theme. (Winner announced on May 6 . ) * File grant proposal at the Governor ' s Highway Safety Program Office. * Identify local merchants in Northern Orange County to sponsor the Seat Belt Program by providing positive incentives for seat belt users. Education and Publicity Development Activities May (The educational/publicity campaign will be developed by the teenage 4-H volunteers and HEALTH YOURSELF coordinator. ) * Prepare sponsor posters for merchants and incentive coupons for program. * Plan and develop educational/publicity campaign: payroll envelope stuffers, media campaign in county employee newsletter and local newspaper, news releases, and posters for local merchants, county employee worksite, and community sites. Education, Publicity, and Program Activities June * Training for HEALTH YOURSELF program director and 4-H Adult and Youth volunteers by the UNC-HSRC for correct observation and data collection techniques to be used during campaign by June 24, 1988. 028 * Collect baseline data at county office parking lots and community sites by adult and youth 4-H volunteers. * Meeting in Hillsborough with Yvette Ruffin, Governor 's Highway Safety Program to review Seat Belt program. July * Begin educational campaign: payroll stuffers put in July 8, 1988, county employee paycheck. * Posters put at county worksite, sponsoring merchants and community sites by July 8, 1988. * Educational/publicity advertisements placed in July 6 , 13 , and 20 , 1988, issues of News of Orange. * Bag stuffers (educational information) for grocery shoppers placed at the grocery stores. (500 per supermarket per week during campaign. ) * Observation of seat belt usage at county parking lots and selected community sites begins the week of July 11th. Seat belt users given rewards provided by local merchants. Usage rates collected and compared to baseline data. * Acknowledgment of county employees and community members "caught wearing their seat belts" and the rewards won in the news release for July 27, 1988, News of Orange. * Educational article in County employee newsletter. August * Second phase of educational campaign: New payroll stuffers for August 4, 1988, county employee paycheck. * Observations continue through August 12, 1988. Usage rates collected and compared to baseline and July observation. * Advertisements/educational news releases put in August 10 and 17 issues of News of Orange. * Acknowledgment to 4-H volunteers held during week of August 15 . September * Report of campaign in employee newsletter. * Report of campaign in News of Orange. 029 * Letters of appreciation to local merchants who sponsored the program through incentives. October * Final report filed in the Governor 's Highway Safety Program Office. EXPECTED RESULTS By the educational efforts, publicity, and observation and incentive interventions, it is anticipated that the seat belt usage in Northern Orange County will be observed at least once at 80%. PROBABLE IMPACT AND MODIFIED BEHAVIOR Because the county employee will be reached through payroll stuffers and an in-house newsletter, 100% of this group will be aware of the Seat belt Program carried out through the Summer 1988. The community will be educated through news releases through the local newspaper, posters at local merchants, and bag stuffers at the local supermarkets. It is anticipated that 60% of the community will learn of the Seat Belt Program through these methods. The educational component of the Seat Belt program will conducted over an eight-week period, with the observations scheduled at irregular times and at different parking lots. The positive rewards for seat belt usage is anticipated to modify the behavior of those county employees and community members who are not regular seat belt users. The probable impact of the program will be seen in the county employee and community member who begins to wear seat belts as a result of this program. These program participants will influence the riders in their automobile as well as other family and community members. COMMUNITY RESOURCES The collaborative relationship between Orange County 4-H volunteers and the Orange County Health Department 's County Employee program, HEALTH YOURSELF, is a unique utilization of community resources. An important component of the Seat Belt Program in Northern Orange County is the sponsorship by local merchants. These merchants will provide incentives/rewards for the seat belt user. Additionally, they will be identified as a sponsor through a poster in the business establishment . 030 The Orange County Passenger Safety Assn. has offered its membership as a link to the community to assist in the educational/publicity efforts of the Seat Belt Program. The Assn. 's president , Ann Woodward, has offered consultation for the grant writing process. 031 BUDGET Materials Payroll stuffers/printing $ 42.40 Posters for merchants and worksite 85 . 00 Coupons for incentives/printing 75. 60 Grocery bag stuffers 125. 00 Software to produce educational material and publicity: Logitech Publishing Mouse 160. 00 Observation Material 235.25 Commodity Items 300 . 00 Travel 10 roundtrips to Chapel Hill 60. 00 2 roundtrips to Raleigh 20 . 00 Production Costs ( layout design for News of Orange) (3 issues, $145 @ for each 1/4 page advertisements) 435. 00 Overhead Expenses at Health Department Telephone 175. 00 Postage clerical duplication, etc. TOTAL $1715.25 PART V (A) Form GHSP-D-03 ACCEPTANCE OF CONDITIONS EQUAL OPPORTUNITY ASSURANCE 3'� WITH REGARD TO THE HIGHWAY SAFETY PROGRAMS Pursuant to the requirements to Section 22(a) of the Federal-Aid Highway Act of 1966 and subse- quent amendments, the applicant agency, as a condition to receiving approval of this application submitted under the Federal Aid Highway Safety Program,hereby in connection with the subject Highway Safety Program project will be provided without regard regard to ace, color, sex, creed, or national origin. The applicant agency further agrees that, as a condition to receiving any Federal financial assist- ance from the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat.252, 42 U. S. C. 200-d-42 U. S. C. 200d-4 (hereinafter referred to as the Act), 23 U. S. C. 324 and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U. S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations)and other pertinent directives to the end that in accordance with the Act, Regulations, and other pertinent direcives, no States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant agency receives Federal financial assistance from the U.S.Department of Transpor- tation, including the National Highway Traffic Safety Administration and the Federal Highway Administration. More specifically and without limiting the above general assurance, the applicant a enc gives the following specific assurances with respect to its highway safety prDjeCt g y hereby . Applicant agency shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Highway Safety Projects: " y C unt Health De artmenqn hereby ratifies all bidders that it will affirmatively insure ethat in any contract entered into Acts ant to this advertisement, minority business enterprises will be afforded full opportunity Into pursuant to response to this invitation and will not be discriminated against on the grounds of race, color,lreligion, sex, or national origin in consideration for an award." In addition,the applicant agency agrees that if it fails or refuses to comply with these assurances,the Administrations may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the applicant agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the applicant agency; (c) Refer the case to the Department of Justice for appropriate legal proceedings. Also, the applicant agency either: _ (1) certifies that there is at this time no litigation involving Civil Rights pending against or, 4 ain g st the (2) agrees to submit with this application the identification of any case(s) now pending. The applicant agency further agrees to notify the Governor's Highway Safety Program of disposi- tion of any case(s)identified in(2)above and of the filing of any additional cases during the contract period of this project. _ During the performance of this contract,the applicant agency,for itself, its assignees and succes- sors in interest(hereinafter referred to as the "agency") agrees as follows: PART V (A) (continued A Form GHSP-D-03 ACCEPTANCE OF CONDITIONS 033 (1) Compliance with Regulations: The agency shall comply with the Regulations relative t discrimination in Federally-assisted programs of the Department of Transportation h "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time °time, non- discrimination referred to as the Regulations), which are herein incorporated (me(hereinafter, orate m part of this contract. P d by reference and made a (2) Nondiscrimination: The agency with regard to the work performed by it during the con shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of subcontractors,including tract, g procurement of materials and leases of equipment. The agency shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Re u tions, including employment practices when the contract covers a program set forth in A the Regulations. 9 la Appendix B of (3) Solicitation for Subcontracts,Including Procurements of Materials and Equipment: In all solici- tations either by competitive bidding or negotiation made by the applicant agency for work performed under a subcontract, including solici- potential subcontractor or supplier shall benotified by the agency of the agency's obligations equipment, nder this contract and the Regulations relative to nondiscrimination on the grounds of race, color, ux, or national origin. olor, sex, or (4) Information and Reports: The agency shall provide all information and reports required regulations or directives issued pursuant thereto, and shall accounts, other sources of information, and its facilities as may be determined by q to or the permit access to its books, records, National Highway Traffic Safety Administration or the Federal Highway Administration, appro- priate, to be pertinent to ascertain compliance with such regulations, orders Y the State or the Fur- thermore, the agency shall maintain such materials during the contract period, an as )years from the date of final payment from the department,for such inspection and ers and instructions. Fur- fio from red of an agency d for three(3)years g y is in the exclusive possession of another who fails or refuses to furnish this information the agency shall so certify to the State or the Administrations as appro ria forth what efforts it has made to obtain the information. p te,and shall set (5) Sanctions for Noncompliance: In the event of the agency's noncompliance with t crimination provisions of this contract, the State shall impose such contract sanctions as Administrations may determine to be appropriate, he nondis- Ppropriate, including, but not limited to: it or the (a) withholding of payments of the agency under the contract until the e agenc Y co mplies, (b) cancellation, termination or suspension of the contract., in whole or in part. (6) Incorporation of Provisions: The agency shall include the provisions of paragraphs(1)in every aubcantract,including ( )through by the r g procurements or materials and leases of equipment,unless exempt regulations, or directives issued pursuant thereto. The agency respect to any subcontract or procurement as the State or the Administrations may direct as a means g cy shall take such action with enforcing such provisions including sanctions for noncompliance;provided, however, event an agency becomes involved in,or is threatened with,litigation with a subcontractor or of as a result of such direction,the agency may request the State to enter into such litigation that, in the interests of the State, and, in addition, the agency may request the United States to enter supplier litigation to gation to protect the protect the interests of the United States. ter into such (7) Acceptance of Conditions by State and Local Governments: Applicants shall standards established by Office of Management and Budget.(OMB)Circular A-102 date 1977 and additions or amendments thereto, for Uniform Administrative Re adhere to the Afd to State and Local Governments; and OMB Circular A-87 for principles for determining costs dated August 24, applicable to grants and contracts with State and Local Governmenti� Requirements for Grants-in- Aid PART V(0) ACCEPTANCE OF CONDITIONS I ' Form GHSP-p-03 This application is approved for fiscal year highway safety project is granted subject to the State and Fedealdlawss and regulations to proceed with this the North Carolina Governor's Highway Safety Program and the conditions stated below. wpplicable to 1. Unless otherwise directed, applicants must submit ow. which reflect the status of project implementation and attainment of Progress d goal Eachh r GHSP report shall describe the project status quarterly and shall be submitted to GHSP no fifteen(1 S)days subsequent to the termination of each quarter.A Final Accomplishment p progress (Form GHSP-D-10)must be submitted to the GHSP within thirty later than Report project unless otherwise directed. A rt3►(30)days of completion of the Appropriate forms will be mailed to Project Director along with a reminder notice advising date that each is due. 2. Applicants making purchases or entering into contracts -s provided for by this adhere to the policies and procedures of Attachment 0 of OMB Circular A-102 or A-11 whichever is applicable, project must 0, 3. All Out-of-State travel must have prior approval Governor's Requests for approval (Form GHSP-A-17) hoould bbet ubmtted to GHSP at least two (2) week before the intended date of travel. weeks 4. Applicants must submit any proposed agreements for contractual services to the Gov Highway Safety Program for final approval prior to acceptance. ernar's S. Applicants shall account for program income related to projects financed in wh ole or in part with federal funds in accordance with Attachment E of OMB Circular A-102 or Attachment D of OMB Circular A-110, whichever is applicable. Program income earned during the contract period shall be retained by the applicant and added to the,funds committed to the project by the GHSP and be used to further eligible program objectives. 6. Local government applicants must complete Attachment 1 entitled "Local Governmental overnmen tal • 7. Any continuation of this project with funds from the State of North Carolina is contingent u State funds being appropriated by the General Assembly specifically for that purpose. pan • PROJECT DIRECTOR Read the above"Conditions"before si•nin• NAME__ TITLE ADDRESS Mary Bobbitt-Cooke Health RrWnotion Coordin- tor P•O,Box 8181,Hi11sborough27 C SIGNATURE - i TELEPHONE NUMBER AUTHOR! ING OFFICIAL OF GOVERNMENTAL UNIT Read the above"Conditions"before si•nin• Ext,305 NAME Daniel B. Reimer TITLE ADDRESS Director, Health Dept, p,p,gox 8181, Hillsborough, NC 27278 SIGNATURE Or 6 TELEPHONENUMBER OFFICIAL OF GOVERNMENTAL UNIT AUTHORIZED TO RECEIVE FUNDS UNDER THIS PROJECT Ext, 305 I TITLE . • ADDRESS ORGANIZATION APPROVAL INFORMATION FOR GHSP USE ONLY APPROVAL DATE iliaIIIIIIIIIIMIIIIIIIII r PART V(A) (continued) Form GHSP-D-03 ' ) ACCEPTANCE OF CONDITIONS (8) Annual Audits: In accordance with OMB Circular A-128,dated April 12,1985,the applicant l'cant receiving$100,000 or more of direct and indirect Federal financial assistance from all sources shall arrange for independent financial and compliance audits.Such audits,unless exempt by law,shall be made annually and a copy provided to the department within thirty audit, but not later than one(1)year after end of the audit period. (30) days of completion of the (9) Acceptance of Conditions by Institutions of Higher Education, and other Non-Profit Organizations: Applicants shall adhere to the standards established by Office of Management and Budget (OMB) Circular A-110 and additions or amendments thereto, for Uniform Administrative Requirements for grants and agreements with institutions of higher education, hospitals, and other nonprofit organizations; and OMB Circular A-21 for principles-for determining costs applicable to research and development under grants and contracts with educational institutions. • (10) Prohibited Interests: No member, officer, or employee of the department or of a local u body or of the agency during his or her tenure, or for at least one (1) A blic interest, direct or indirect, in this agreement or the proceeds thereof or therefrom.fter, shall have any (11) Department Held Harmless: The agency shall be responsible for and save h armless the department,its officers,employees,agents,or servants from all claims and liability due to its negligent acts, if any, or the negligent acts,if any, of its subcontractors,agents, or employees in connection with their services under this agreement. (12) Resolution of Disputer Any dispute concerning a question of fact in connect' not disposed of by agreement by and between the agency connection with the work between the parties to this agreement, shall be referred to e Secretary of the North Carolina Depart- ment of Transportation and the authorized official of the agency for a negotiated settlement. In any dispute concerning a question of fact in connection with the project where such negotiated settlement cannot be resolved in a timely fashion,the final decision regarding such dispute shall be made by the Secretary of the Department, with the concurrence of the Federal funding agency, and shall be final and conclusive for all parties. nal (13) Termination of Agreement: (a) The Department In the event of agency noncompliance with any of the provisions o agreement,the department may terminate this agreement by of this days advance notice.The department, before issuing-notice termination agency f this thirty ment,shall allow the agency a reasonable opportunity to correct for noncompliance. For noncompliance with the nondiscrimination section of this agreement or with any of the said rules, regulations or orders, this agreement may be cancelled, terminated, or sus- pended in whole or in part. (b) The Agency. The agency may terminate its participation. in the PWP by notifying and receiving the concurrence of the department thirty.(30)days in advance of the termination. (14) Contracts Under This Agreement; Unless otherwise authorized in writing the agency shall not assign any portion of the work to be performed under this agreeentdepart or execute cute any agreement, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this agreement without the concurrence of the department. Any subcontract under this agreement must include all required and/or applicable clauses and prior written provisions of this agreement. q d (15) Cost of the Project It is understood and agreed that the work conducted pursuant agreement shall be done on an acutal cost basis by the agency. p suant to this department shall not exceed the estimated funds budgeted in the a y 4 c9.The amount of reimbursement from the shall initiate and prosecute to completion all actions necessary to enable the agency to The agency de itsshare of the project costs at or prior to the conclusion of the project. • agency to provide its I PART V (A) (continued) Form GHSP-D-( ACCEPTANCE OF CONDITIONS b• (1 6) Payment; Progress payments, based upon actual month or more than three(3)months may be made upon receipt of an itemized invoice on forms furnished by the department. The itemized allowable costs for not less than one (1) on fo m furnished shed by the department, unle to iz agency oice shall be supported from the agency costs as pr s in OMB Circular The itemized the ee shall be approved pported by documentation Audit Act of reporting ed by the Single Audit Act as Safety Program and the department's fiscal section prior to payment.Any rejected shall be borne by the agency. The agency pp oven by the Governor's Highway shall be borne or State rules and agency. The agth grgrees de must be refundedepartment 1 cted or unaccepted due to department a sum of money equal to the amount of Federal and State participation in the rejected casts. (17) Disadvantaged Business Enterprise Requirements: The agency shall abide by requirements as specified below: • (a) It is the palish of the USDOT and the department that Disadvantaged Business Enterprises(DBE)and Women's Business Enterprises(WBE)as defined in CFR 23, shall have the maximum opportunity g d(including minority) financed in whole or in part with Federal funds participate s the greementm. Consequently,a of the project DBE and WBE requirements of 49 CFR 23 apply to this agreement. the (b) The agency, as recipient of funds under the terms of this agreement, agrees DBEs and WBEs,as defined in 49 CFR 23, have the maximum opportunity g s p to ensura that the performance of contracts and subcontracts financed in whole or in part w' funds under this agreement.In this regard, the agency shall take to participate in able steps in accordance with 49 CFR 23 to ensure that DBEs and WBE3 p 1m Federal e all necessary and reason- able to compete for and perform contracts and.shall not discriminate on the basis race,color,sex,or national origin,in the performance of this have the maximum department assisted contracts or subcontracts.To the maximum feasible extent, of shall engage in outreach efforts,both formally and informally,agreement or other USDOT or shall certify,as a locate,e,develop, appropriate, the greatest possible number of DBE and WBE firms,including clud n but not necessarily limited to the maintenance, development, appropriate, of a Directory t, and dissemination, as ry of DBE and WBE Firms certified by the agency. (c) The department has submitted to the USDOT its own DBE an of funds under the terms of this agreement,including the agency• tors, agree to either comply with the department DBE and WBE Program.Any recipient ' E g cP and any or to prepare and submit for approval its own DBE and WBE Program meeting all the equiremeAtref 49 and 23, prior to the performance of any work under this agreement. • s of 49 CFR (d) Failure of the agency,as recipient of funds under the terms of subcontractors (if a subcontractor is authorized) to carry this the DBE andorBE requfits manta of this agreement shall be a breach of agreemen rY out the DBE and WBE require- ments by the de t,and may result in termination of the • department, or such other remedial actions as may be required by the department as it deems appropriate.The agency shall advise each s or subcontractor that failure to carry out the requirements set forth in 23.43(a)shall consti- tute a breach of agreement that after the notification of the department termination of the agreement or subcontract by consti- tute may result in deems appropriate. Y the agency or such remedy as the agency • PART V (B) Form GHSP-D-03 I y ACCEPTANCE OF CONDITIONS This application is approved for fiscal year highway safety project is granted subject to the State and Federal laws and regu t proceed with this the North Carolina Governor's Highway Safety Program and the conditions stated elowpplicable to 1. Unless otherwise directed, applicants must submit which reflect the status of project implementation and attainment Progress stated Reports al Each progress ro GHSP report shall describe the project status quarterly and shall be submitted to GHSP no later than fifteen(15)days subsequent to the termination of each quarter.A Final Accomplishment p 4 ess (Form GHSP-D-10)must be submitted to the GHSP within thirty Report project unless otherwise directed. Appropriate forms will be mai30d to days oject completion l the a reminder notice advising date that each is due. 2. Applicants making purchases or entering into contracts as provided for by this project must adhere to the policies and procedures of Attachment 0 of OMB Circular A-102 or A-110 whichever is applicable. 3. All Out-of-State travel must have prior approval I Requests for approval (Form GHSP-A-17) should bet submitted to GHSP at least Safety(2r weak. before the intended date of travel. - ) eeks 4. Applicants must submit any proposed agreements for contractual services to the Gove Highway Safety Program for final approval prior to acceptance. roar's 5. Applicants shall account for program income related to projects financed in whole or in part with federal funds in accordance with Attachment E of OMB Circular A-102 or Attachment D of OMB Circular A-110, whichever is applicable. Program income earned during the contract period shall be retained by the applicant and added to the.funds committed to the project by the GHSP and be used to further eligible program objectives. C. Local government applicants must complete Attachment 1 entitled "Local Governmental Resolution". 7. Any continuation of this project with funds from the State of North Carolina is contingent u State funds being appropriated by the General Assembly specifically for that purpose. p°n PROJECT DIRECTOR Read the above"Conditions"before si•nin• NAME Mary Babbitt—Cooke TITLE ADDRESS /IG_NATURE Health Promotion Coordinator ..P.TELEPHONE 8181 Hi11sb• .0 7h7NC TELEPHONE NUMBER Ext� 305 AUTHO-IZING OFFICIAL OF GOVERNMENTAL UNIT Read the above"Conditions,before s1•nin. NAME TITLE ADDRESS Daniel B. Reimer SIGNATURE ',,, +- e t•-,- H-- 1 • _ MEPNONE NUMBER OFFICIAL OF GOVERNMENTAL UNIT AUTHORIZED TO RECEIVE FUNDS UNDER THIS PROJECT t 5 1 ADDRESS ORGANIZATION APPROVAL INFORMATION FOR GHSP USE ONLY APPROVAL DATE I ter` 038 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F5 ACTION AGENDA ITEM ABSTRACT Meeting Date: SUBJECT: Policy Statement - HEALTH YOURSELF DEPARTMENT: Health PUBLIC HEARING YES: NO: x ATTACHMENT(S) : Policy Statement INFORMATION CONTACT: M.Bobbitt-Cooke Daniel Reimer TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane 227-2031 Durham - 688-7331 PURPOSE: To adopt the attached policy statement about the county health promotion program, HEALTH YOURSELF. BACKGROUND: The HEALTH YOURSELF county employee wellness program was established in the fall of 1987, the coordinator hired in February 1988. During this initial phase of the program, the organizational plan has been developed. To guide the program through its responsibilities to the county employees and ultimately the Orange county community, the attached policy statement was developed and approved by the Health Department Advisory Board. RECOMMENDATION(S) : Approve motion to adopt the HEALTH YOURSELF policy statement . • 039 HEALTH YOURSELF Policy Statement from the Orange County Commissioners The Orange County Commissioners recognize their responsi - bility to take a leadership role in helping ensure the good health of the county employees . The "Health Yourself" program is to help the county employees learn more about their own health needs and offer them alternative ways to improve or maintain a healthy lifestyle based on their own health risk factors . To achieve these goals , the Commissioners have committed county personnel and funds to administer this program. Each Department will assign one member to function as a "Health Yourself" delegate and will use work time to participate in the functions of this committee . To encourage l participation in "Health Yourself" , the Commissioners esupport employees using work time for the screening phase Pp the program. Additionally , the Commissioners requestthe of Health Yourself" classes to be scheduled at such times that will be convenient for employee participation . The program records of the county employees will be strictly confidential and not accessible by other county personnel . Further , the Orange County Commissioners recognize their responsibility to join in a partnership with all Orange County employers and health care providers to provide community members behavi o ps rttoi tl ways reduce these�earn to i dto t their personal health risk risks , healthy lives . In this spirit , the "Health Yourself' program will provide consultation and program services to other Orange County employers that respond to the health promotion needs of the community . • ORANGE COUNTY 040 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 1888 Action Agenda Item # SUBJECT: AFFIDAVIT - GENERAL CONTRACTOR LICENSING EXEMPTION DEPARTMENT: Planning PUBLIC HEARING: Yes X^„.No ATTACHMENT(S): INFORMATION County Attorney 3-21-88 Letter CONTACT: Marvin Collins Sample Affidavit Planning Director 8-20-87 Memo Code Enforcement Supervisor 11-25-87 Memo TELEPHONE NUMBERS Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed exemption fromgeneral contractorllicensing of requirements. BACKGROUND: Section 1 of Article 1 of Chapter 87 of the N. C. General Statutes provides that any person who for, a price or fee, undertakes to bid upon, construct, superintend or manage, on his own behalf or for any person (who is not licensed as a general contractor) the construction of any building, highway, public utilities, grading or any improvement or structure where the cost is $30, 000 or more shall be considered to be a "general contractor". The section does, however, grant an exemption to any person who constructs a building on land owned by that person when the building is intended for use by that person after completion. The licensing of general contractors is performed by the N. C. General Contractors Licensing Board. A complaint involving an unlicensed contractor prompted the Inspections Division to seek a method for documenting exemptions granted under G. S. 87-1. person were granted such an exemption, and it was a subsequently found that he violated the provisions of G. S. 87-1, the matter could be referred to the N.C. General Contractors Licensing Board for appropriate action. 041 A "application" form for recording exemptions was developed using a similar document employed in Gaston County. The County Attorney reviewed the form and recommended that an "affidavit" format rather than an "application" form be used. He further recommended that the concept of requiring an affidavit is one which should be adopted by the Board of Commissioners as part of the Orange County code enforcement program. RECOMMENDATION: The Administration recommends approval of the affidavit requirement for unlicensed contractors and the use of the form as part of Orange County's code enforcement program COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL Si HARGRAVE 04 ATTORNEYS AT LAW P.O. DRAWER 1529 129 E. TRYON ST. HILLSBOROUGH, N.C. 27278 919-732-2196 919-942-8000 March 21 , 1988 CHAPEL HILL OFFICE SUITE 20, FRANKLIN BUILDING 137 E. FRANKLIN STREET CHAPEL HILL,N.C.27514 919929.7151 ALONZO B.COLEMAN,JR. STEVEN A. BERNHOLZ DONALD R.DICKERSON ROGER B. BERNHOLZ Mr. Marvin Collins , Director GEOFFREY E.GLEDHILL Mr. Gary Lance DOUGLAS HARGRAVE G.NICHOLAS HERMAN Code Enforcement Supervisor KIM K.STEFFAN Orange County Planning Department NATHANIEL E.CLEMENTS MARILYN ELLISON 3 0 G F Revere Road orco���i Hillsborough , North Carolina 27278 BONNER D.SAWYER (1902-1972) Re : Application form for general contractor licensing exemption Dear Marvin and Gary: This letter is in response to your letters of August 20 and November 25 , 1987 respectively. I have reviewed the so-called application that accompanied Gary ' s November 25 letter and the copy of Gaston County ' s similar document with Marvin 's August 20 letter. Enclosed is a document that I have captioned "Affidavit in Support of Exemption from General Contractor Licensing Requirements . " It is similar in substance to the documents provided by both of you. In that regard , the recitation of the general contractor definition contained in the North Carolina General Statutes is verbatim in the affidavit attached . It was apparently paraphrased in the applications you provided me . Also, I have changed the word " will" to may in that portion of the affidavit talking about violations of law and revocation of permits . I think this necessary because there may be some cases where a homeowner could function as a general contractor and then sell his home before the certificate of occupancy is issued . In any event , we certainly can make a determination about whether there is a violation of the general contracting law and can revoke the permit where the facts indicate we should . Finally, i have changed the document from an application to an affidavit because the application form suggests some kind of licensing resulting from the application. Since Orange County will not be licensing unlicensed contractors , I think the affidavit format 043 Mr. Marvin Collins Mr . Gary Lance Page Two March 21 , 1988 better . It should be required as part of an applica- tion for a building permit . I 'll be glad to review any or all of this at your request . I think that the con- cept of requiring the affidavit is one which should be adopted by the Board of County Commissioners as part of its building code enforcement program. Very truly yours , ' eoff ,- . E. Gledhill GEG/lsg Enclosure xc : John M. Link , Jr. 0 0 3 0 x I w 8 044 Affidavit in Support of Exemption from General Contractor Licensing Requirements Section 1 of Article 1 of Chapter 87 of the North Carolina General Statutes provides as follows : For the purpose of this Article any per- son or firm or corporation who for a fixed price , commission , fee or wage , undertakes to bid upon or to construct or who undertakes to superintend or manage , on his own behalf or for any person, firm or corporation that is not licensed as a general contractor pursuant to this Article , the construction of any building , highway, public utilities , grading or any improvement or structure where the cost of the undertaking is thirty thousand dollars ( $30 , 000 ) or more , shall be deemed to be a "general contractor" engaged in the business of general contracting in the State of North Carolina . This section shall not apply to persons or firms or corporations furnishing or erect- ing industrial equipment , power plant equipment , radial brick chimneys , and monuments . This section shall not apply to any per- son or firm or corporation who constructs a building on land owned by that person , firm or corporation when such building is intended for use by that person , firm or corporation after completion . AFFIDAVIT hereby declare that I am purchasing a permit to am the owner and I plan to do the work myself or sub-out various phases of the job , and I am totally responsible for the work performed . I understand that I am required to comply with all North Carolina building codes and that the project is subject to regular inspections and fees . I hereby certify that all supervi- sion of said construction will be performed by me . I also understand that if I sell this structure before i receive a Certificate of Occupancy from the building inspector, I may be in violation of the State ' s general contracting law and the permit I received may be subject to revocation , and that the 0415 North Carolina Licensing Board for general contractors will be notified . In the event that the building inspector shall require corrections to be made , I will assume full responsibility to in- sure that they are made , and upon completion will call for a reinspection before proceeding with the building . I agree to comply with all municipal , county, state and federal laws in regard to Social Security , Worker ' s Compensation , privilege licenses , etc . , where applicable . Signed : Date: T , hereby certify that , a notary public , do sonally appeared before me and acknowledged the execution ofpthe foregoing affidavit . Witness my hand and notarial seal this day of Notary Public My commission expires : ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH 046 NORTH CAROLINA 27278 6•roo .i at 17 �/ - 5/ 4 -F k O R A N G E C O U N T Y INTEROFFICE MEMORANDUM 8708-1816 TO: Geoffrey Gledhill , County Attorney FROM: Marvin E . Collins,Planning Director SUBJECT: General Contractor Licensing Exemption DATE : August 20, 1987 COPIES: Albert Kittrell , Interim County Manager Gary Lance, Code Enforcement Supervisor Attached is a copy of an Application for General Contractor Licensing Exemption used by Gaston County. As we discussed recently, it is used to record exemptions granted to unlicensed contractors under the provisions of G. S. 87-1 . Based on a recent complaint involving an unlicensed contractor, I feel such an application is needed for use by the Inspections Division of the Planning Department. I would like to present the application to the Commissioners, informing them of the provisions of G. S . 87-1 and seeking their authorization to use the application in the Department. Prior to presenting the application to the Commissioners, I would like your comments and recommendations regarding the the application as well as its format and intended use. � r O4' ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 •, ill r xrwLl O R A N G E C O U N T Y MEMORANDUM TO: Orange County Attorney FROM:- Gary Lance -- Code Enforcement Supervisor p visor SUBJECT: Application Form for General Contractor Licensing Exemption DATE: November 25, 1987 The attached form, application for General Contractors Licensing Exemption, was sent to the County Attorney ' s office on August 20, 1987 for review, comments and approval . As of present date, no reply has been received. Form application is same as adopted by Gaston County and Gastonia, N. C. for their use. I have been in contact with the following person: Charles Moore - Gaston County Attorney P. 0. Box 1578 Gastonia, N. C. 28052 Phone - (704 ) 866-3400 who stated that since Gaston County adopted this form for use, no problems have occurred, but application form has not been tested legally in court. Under Article 87, General Contractors Licensing - N. C. General Statutes, a person doing In excess of thirty thousand dollars ( $30, 000. 00) shall be licensed. Due to problems of unlicensed persons doing contracting work in Orange County, D i y Is I ranee County Inspections Please review and make any comments or changes as necessary by December 15, 1987 or as soon as possible. If you need additional Information or have any questions, please do not hesitate to contact me. Thank you. b ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD Q 4 HILLSBOROUGH, NORTH CAROLINA 27278 Application For General Contractor Licensing Exemption 87-1 . "General contractor" defined; exceptions : For the purpose of this article, any person or firm or corporation who, for a fixed price, commission, fee or wage, undertakes to bid upon or manage, on his own behalf or for any person, firm or corporation that is not licensed as a general contractor pursuant to this article, the construction of any building, highway, public utilities, grading or any improvement or structure where the cost of the undertaking is Thirty Thousand Dollars ( $30,000.00 ) or more, shall be deemed to be a "general contractor" engaged in the business of general contracting in the State of North Carolina . This section shall not apply to any person or firm or corporation who constructs a building on land owned by that person , firm or corporation when such building is intended for use by that person, firm or corpora- tion after completion . AFFIDAVIT I ' hereby declare that I am permit to purchasing a I am the owner and I plan to do the work myself or sub-out various phases of the job, and I am totally responsible for the work performed . I understand that I am required to comply with all North Carolina building codes and that the project is subject to regular inspections and fees. I hereby certify that all supervision of said construction will be performed by myself . I also understand that if I sell this structure before I receive a Certificate of Occupancy from the building inspector, I will be in violation of the State ' s general contracting law and the permit I received will be subject to revocation, and that the North Carolina Licensing Board for general contractors will be notified . in the event that the building inspector shall require corrections to be made, I will assume full responsibility to insure that they are made, and upon completion will call for a reinspection before proceed- ing with the building. I agree to comply with all municipal , county, state and federal laws in regard to Social Security, Workmen ' s Compen- sation , privilege licenses, etc. , where applicable. Signed : Date : O4� 2 1 , that P a notary public, do hereby certify acknow- ledged the execution of the foregoingnagreementeared before and acknow- Witness my hand and notarial seal this day of Notary Public SEAL My Commission Expires: 050 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 19, 1988 Action Agenda Item VW SUBJECT: WOODBROOKE SUBDIVISION - ACCEPTANCE OF LAND DEDICATED TO ORANGE COUNTY FOR RECREATION/OPEN SPACE PURPOSES ACTION BY: Immediate Action Necessary DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Excerpt from Final Plat - Woodbrooke Location Map - JPA Strategy Map Deed County Attorney Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider acceptance of the dedication of land to Orange County for recreation/open space purposes in Woodbrooke Subdivision. BACKGROUND: On April 15, 1987, the Board of County Commissioners approved the preliminary plan for Woodbrooke subdivision. Woodbrooke is located at the end of Meadow Lane (SR 1195) . In accordance with Section IV- B-7-b of the Subdivision Regulations, the preliminary plan included the dedication of approximately 8 .55 acres close to a branch of Morgan Creek. This portion of Morgan Creek had been approved as part of the system of parks and greenways included in the Joint Planning Area Land Use Plan. The Planning Board approved the final plat on October 19, 1987 . The applicant has submitted a deed for the area shown on the final plat. A deed has been approved by the County Attorney and will be recorded with the final plat for Woodbrooke. RECOMMENDATION: The Administration recommends acceptance of the 8 .55 acres dedicated to Orange County for recreation/open space. IIMMOmmummr -1 N - CA._ r m rn n (A ZA) 051 /ao u, m p z I BIRNAM WOODS SUBDIVISION JAN v / BIRNAM WOODS SUBDIVISION I D E P.B. 39-6 (7 _ c KEN A. REDMAN p6 39-8 I g I DopK TREE ROBERT A. CATES 718.31 • '90,00'K ` 7 / / � wi ®J m�o�h DEDICATED OPEN SPACE / (FOR PUBLIC USE) / 53,892 S. F. N = 4t p. � 8.55 AC. / / rs, s-'1 aw _ 1 20� J/ �/ co 1"11 �4 ///7 .56.7 ' =., 0' m m o+ 52. �c!A 8 21- 150. o �. 514 ' CD M i 86.70 •, R'25' `Te MEAC 40 �, /``/ / sErga '9141"„,,c• 1.=21.03' I XI g e 1— — /e°5/ze., , /?/ Mra /5° 2..E, (i)J '7',$',¢ n .'-e' a� -66 •y4 rj I N 8 SEWER Z 71,778 S.F. I Wial �.. _.__ s�, I 59,203 S.F. y m �5 � 1 Z �EIP / I P ai Z' 393.68' �6-22' I 1 fV I> io.,FSa.-Yioc�.vtr.v . . .- n 3 _I L ?o seraacK -C.11 r I ... .,t�..,.., r.. 20 jD i..r•-,sr.. •„ ..�'_`.. s ....,r. _ N 74°42'35"W 93.69 co' CLAUDE 13 ass �" m UDE F. SITTON rn . . _ .m D. B. 380-57, m NOTE: Existing• .r;23 G.? �_ 9 trees to be preserved on �r .A.� � the site will fulfill landscape * `u!'=,19P� -'c r•r..• „„ ? ? requirements of Sec. IV-6-8_C_1 of t '`� ~ �� �•'� then Orange County Subdivision Reyula_ r e<�l ( ) one tree every 40 feet i �46R,9 P F94ZZel,E,p' along both sides of �. t 2175 � �y :� Proposed street �Rau�e ) one tree for every 1000 square .:e. x c feet of side and \ •K ,, D9CE0. rear ti (, F A ��. r, ...�:,• ti .-.� RccKVec area. The tree yard set back Protection area .,,.,,... r., (Sec. IV-6-8-6-1) —, in must be adhered to prima area . ea and seconds are_ P. Fn, y G ''aN� �(4- Property Information: r f ,..... Chapel Hill Twp, Tax Map 111 _r . TA;.� .,' _� _ Bingham Twp. Tax Map 21, Lot 76 1].E. 126-53 -,.- ”.r r:.nr,:.-s,,',t,y,= ; ,. ; 2 7. 17 Total . ¢it r ' I3 creage PDC _ BI AC. in Lots PC t�F' ,..,. •'` 1 I .65 ;,C- in Open Space IPe CO'.1:� 1.71 AC. in Road IrRC • WooDBR00KE 0 IRON PIN TO BE SET I��'= PC ' �JINT PLANNING AREA 2, >w, . . !_ t • •�_ STRATEGY MAP 7/.J �r ---:-P it • .�- - - fit: . ! '4 1114 -.. ."--- .1. -_ . •.: -,g }.. ' -- �:.:I / , �7 -el; Erma , ki?4 lc.' 74' 41. .i _07,04/1/KAdital'‘::- ..,,• ° ter' 1 ..2%; 05o Excise Tax None-Dedication Recording Time,Book and Page Tax Lot No. Parcel Identifier No. .............. Verified by , 19 County on the day of by Mail after recording to GEOFFREY GLEDHILL, 129 E. TRYON ST., HILLSBOROUGH, NC 27278 This instrument was prepared by ROBERT..H....SMITH Brief description for the Index 18.55 Acres Open Space Woodbrooke S/b NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this day of FEBRUARY , 19.. .88..., by and between GRANTOR GRANTEE PHOENIX CONSTRUCTION CORPORATION OF FLORIDA, d/b/a CONSTRUCTION RESOURCES ORANGE COUNTY Enter in appropriate block for each party: name, address, and, if appropriate, character of entity,e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of n/a ORANGE BINGHAM Township, County,North Carolina and more particularly described as follows: BEGINNING at an existing iron pipe in the line of Henry A. Landsberger; running thence North 57° 36" East 637.95 feet to an oak tree, the southwest corner of Ken A. Redman in Birnam Woods Subdivision, shown in Plat Book 39, Page 8, Orange County Registry; running thence 718.31 feet to a point; the northwest corner of Lot No. 6, Woodbrooke Subdivision; running thence with Lot No. 6, South 29° 26' 10" East 295.29 feet to a point, the southwest corner of Lot NO. 6; running thence South 72° 51' 43" East 56.70 feet to a point in the right-of-way line of Meadow Lane, running thence in a southerly direction with the right-of-way line of Meadow Lane with a curve and a radius of 50.00 feet and an arc length of 52.36 feet to a point in the line of Lot No. 7, Woodbrooke Subdivision; running thence with the line of Lot No. 7; North 72° 51' 43" West 86.70 feet to a point in the northwest corner of Lot NO. 7; running thence with the line of Lot No. 7, South 37° 43' 34" West 362.80 feet to a point; the southwest corner of Lot NO. 7; running thence 393.68 feet to the point and place of BEGINNING and being 8.55 acres, as shown on that certain plat entitled "DEDICATED OPEN SPACE" Woodbrooke Subdivision, revised August 21, 1987, by Dale D. Faulkner, RLS, to which reference is hereby made for a more particular description of same. The property conveyed herein shall be used for park and recreation purposes only. No trees shall be cut except as necessary to put up picnic shelters, playing fields, or other park and recreational structures. Specifically, without limitation of the foregoing, the property may not be used for dump or landfill, maintenance garages, public works facilities and vehicle parking and storage. N.C.Bar Assoc.Form No.3 4.1976.Revised 1977-.Jamey W,il„m,a Co.,Inc,Box 127,vedtow,lI,N.C.27055 Pr,n,.tl by agree,,.,,,with eM N.C.B.,AM..—1951 The property hereinabove described was acquired by Grantor by instrument recorded in DEED BOOK 682, Page 23, OCR A map showing the above described property is recorded in Plat Book TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and a page 054 the Grantee in fee simple, appurtenances thereto belonging to And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Existing private drieway as shown on plat referred to herein. 2. Thirty (30) foot utility easement to Piedmont Electric as shown in plat aforementioned. 3. Sewer easement also shown on the aforementioned plat. LN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or If corporate, has caused this Instrument to be signed in its -_ corporate name b its duly authorized offl erg and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. Phoenix Co-s ctir. Co _por/ti- of Florida d/b/a CO• %T)rCTIO1(Corp.4 .;E •.-CES a �Ir� (SEAL) .. d/ Prlsi�wnr rte"• (SEAL) ATTEST: ..7. (SEAL) Secretary(Corporate Seal) r SEAL-STAMP N (SEAL) NORTH CAROLINA, County. .a I, a Notary Public of the County and State aforesaid, certify that m Grantor, G personally appeared before me this day and acknowledged the execution of the foregoing instrument.Witness my 11 hand and official stamp or seat,this day of , 19 My Commission expires: Notary Public t t ge3JeenrAtitc NORTH CAROLINA, _ Yy-��� • (;1 Sri/ County. �� Q + �� I, a Notary Public of the County and State aforesaid, 1 �'..�,•••••• . �• certify that THOMAS D. 0 DWYER ,' x personally came before me this day and ackno ledged that____ he is NOTARY e "��1tu* CC,/- . a 71,9_4....,_,,,e,,, Secretary of > b given and as the act of the corporation, a North Carolina corporation,and that by authority duly r : --� C> q D the foregoing instrument was signed in its name by its VICE 9�°... PUElr1v �•�• President,sealed with Its corporate seal and attested by hill as its Secretary. :+'S7��.....•....°°'``k.,a Witness my hand and official stamp or seal, this S day of T z.c �� Y f d '� Jx/ 19 c Y '++++0j+c r+++oao°' lily commission expires: (�z�-�� � _S--17—et,-4- • �1L1d � Notary Public The foregoing Certificate(s) of first page certified to be correct. This instrument and this Certificate are duly registered at the date first edge hereof. and time and In the Book and Page shown on the REGISTER OF DEEDS FOR By COUNTY Deputy/Assistant-Register of Deeds N,C.Bar Assoc.Form No.3 C. I 9' c.1977 o.Revised JA/Ns w,u„m,v C!a,nW.r •38t a co..mc.,eox m,r ad+m,,..N.C.27035 ORANGE COUNTY 055 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 19� 1988 Action genda Item # � SUBJECT: SUBDIVISION OF LOT 9 LAKE WOODS - ACCEPTANCE OF LAND DEDICATED TO ORANGE COUNTY FOR RECREATION/OPEN SPACE PURPOSES ACTION BY: Immediate Action Necessary DEPARTMENT: PLANNING PUBLIC HEARING Yes �xNo ATTACHMENT(S) ; INFORMATION CONTACT: Eddie Kirk Excerpt from Final Plat - Lot 9 Lake Woods Location Map - JPA Strategy Map Deed County Attorney Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider acceptance of the dedication of land to Orange County for recreation/open space purposes in the subdivision of Lot 9 Lake Woods . BACKGROUND: On February 1, 1988, the Board of County Commissioners approved the preliminary plan for Lot 9 Lake Woods subdivision. Lot 9 Lake Woods is located on the north side of Jones Ferry Road (SR 1942) . In accordance with Section IV-B-7-b of the Subdivision Regulations, the preliminary plan included the dedication of approximately 7, 023 sq. ft. on the south side of Neville Creek. This portion of Neville Creek had been approved as part of the system of parks and greenways included in the Joint Planning Area Land Use Plan. The Planning Board approved the final plat on March 21, 1988 . The applicant has submitted a deed for the area shown on the final plat. A deed has been approved by the County Attorney and will be recorded. RECOMMENDATION: The Administration recommends acceptance of 7, 023 ft. dedicated to Orange County for recreation/open space. • 05b o / 30.0 0 '• - N 14° 37' 14" W 85.72 PROPERTY OF ORANGE COUNTY • FOR RECREATION AND/OR OPEN SPACE. N 09° 36' 02" W \ p 75.55 d'ti 56.21 46' 56" W "9":1-0), w q( RECREATION AREA _• g m� F 7,023 SQ. FT. w Te IV VLADIMIR PETROV ;h to N 13. 04' 45" E * ;-"3 -Ci'�\ \ti. 58.81 TOTAL --n m N24° 44' 02" W F� `4q 46.66 1 , NII° 39' 01" W \ 4, ` J HO NI�01. 48' 22" W **� Q6 c�j�?�:'�'p 5 S9°S�.49.. 34.34 o� s9 . F 4.NOTE: 25.57 „N,1"---, s 79° NO BUILDING OR STRUCTURES PERMITTED ON I `\ ----___/93..s STREAM BUFFER PURSUANT TO ORANGE COUNTY SID REGULATIONS. ' _ - _ _DRq/j�AG y _28 E EAS 9j s° 'sue\ _N ss° s6s �MFNT - T0). .4 N. 2.158 Ac. s'' ''.. @ LAKEWOODS N cs I O 94,,'-'6,66. 3/. ro,.. IMPERVIOUS SURFACE CHART: P.B. 39-127 �Q, LOT AREA MAX. IMP, SURFACE IIMMEMEIN • 05 i 2 I NT PLANNING AREA D v 1 Yw50.c • ��. ... 0.; ' •-1 STRATEGY -� tf . _,?.. - MAP 0„. s• 1 ITJ r, �. 8 1 .A•4,, -:: •- qqr ',•• / CAW' elm ++ p(e V- 'v 14"t:t.;:- -: •.f' ' ., - i d �. fur �r. ul ..--.. dK rviii_ , . r �1�'[.',d +,Y.w fe $ •yy s. ' ,.. ##�` / /,1y 1 i,Z'!..4.c.1 af.igi1.' ?'1 IV- \ ! 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":.• .. . 1,/ ., 4, ..0 ..., ,, .,1 S -tT��VJy. ;Fr' i m.. - (r.' \'.-' ..: .— -,. .. .. .Z. o • , ,..•`7t•white Cress `� ,..r; 'r,.` / HILL L n-:ii /.1..1..1.■.,.1„-.,..... po:I•k c...I e V. e l 1 C-N/ •� r 1 1 , r cf.' •w1 .• �` � v 00 two -.0110 I . ! �11!!fl ` I:ll', _ /1 + SAM " ,, T �0 ' r ►w t 444;177 Po yr ,� �.' 1— "ie., 1 .Z 111 . Alkirt-- �• �j!• =^-i -,91.•�or.. ...r.,r• .. ■e: I' .. �ti3�'. 1 \ I i tr fir• 4� grr 4 •q 1. tir ,1 }�` �. 7 •us 9 i , v p 4 4 . •r. 7E 1-1).....° ;7�R - \ 3 • X11,1 P',7;1+L Y 1 j//) k,'""1. 1 `:•' 0 _ 1 .� , :;, ' J'. f " r• -'.r. •" _ a4,,' �r.d%°- --�. _ '� fl ~_ ri� II }1 �0 ;p4' ) �% =ip r►• f. . �. 6,,•�• • • �r/ ®:.1:t •fir ' .j '� 1�`f' ; ----{1 ' V ly° •,�.. " _, �,,� Chatharrl ~`��`S• "�'`." P-77.:•Y 11% +� • •.•°./. ) a�--? 3`.�.- Lenpnd. 05o Prepared by : Geoffrey E. Gledhill. , Esquire Return to: Geoffrey E. Gledhill P.O.Hillsborough , Drawer 1529 , illsborou 4 NC 27 278 NORTH CAROLINA ORANGE COUNTY WARRANTY DEED This Deed made this 44 d 1 (\ ic]CC 1988 by and between Nicholson Properties,of Dedicators , and Orange County , GrantIn/ • e Grantors, Hillsborough , North Carolina . ee /Ddicateh Grantors/Dedicators , for a valuable G'7ITNESSETH , that the Grantee/Dedicatee , the receipt paid by the acknowledged , have and by ceipt of which is hereby sell and convey unto the Grantee/Dedicatee d grant , bar for the g ain , publi forever , in fee simple , all that certain lot or c use land situated in the County of Orange , Township parcel Chapel of Hill , North Carolina and more particularly described pas follows : Beginning at an iron pin located at the northernmost that tract shown as Lot 9 , PHASE ONE, point of Book 39 Page 127 , Orange County Registry, WOODS, c Plat deg. 39 ' 47" E 30 feet to a Y� running thence S 35 85 .72 feet to a point , thence S p,9 thence S� 14 �deq. 37 ' 14" E to a point, thence S 22 deg. 46 ' 56 deg . 36 ' 02" E to feet thence S 13 deg . q4 45" � �� E 56 .21 feet to a " W 58 .81 point , deg. 44 ' 02" East 46 . 66 feet to afeet to a point , thence S 24 O1" E 31 . 10 feet to a point, thence S 11 deg . 39 ' feet to a point , thenceoNn 15 thence S 01 deg . 48 ' 22" E 34 .34 feet pin , thence N e deg . 51 ' 30" W 25 .57 feet and deg . 14 ' 38" W 386 .42 feet to the point an place of beginning, and being point foot tract shown as PROPERTY OF g all of that 7 ,023 square survey by Freehold Land Surveys , ORANGE COUNTY on that plat of and entitled "SUBDIVISION OF LOT Inc ' dated Febraury 16 , 1988 e 9 ► LAKE WOODS" which plat is recorded in the Oran Page g County Registry in Plat Book TO HAVE AND TO HOLD the aforesaid lot or land and all privileges and appurtenances parcel of to the Grantee/Dedicatee for phertenances thereto belonging simple . public use forever in fee And the Grantors/Dedicators convenant with the Grantee/Dedicatee , that Grantors/Dedicators are seized of the in fee simple , have the right to convey the same i1n fee simple , that title is marketable and free and all encumbrances , and that Grantors/Dedicators will warrant 1 059 and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated . set their IN WITNESS and S HEREOF, the Grantors/Dedicators have day and year first above written . NICHOLSON PROPERTIES, INC. By: A Don G. Nicholson , Presi : - ATTEST: AI 1/9, (CORPORATE SEAL) •nne W. Colvard,. Secretary NORTH CAROLINA ORANGE COUNTY I , a Notary Public of the County and State aforesaid , certify that Anne W. Colvard personally came before me this day and acknowledged that she is Secretary of Nicholson Properties , Inc. a North Carolina corporation , and that by authority duly given and as the act of the corporation , the foregoing instrument was signed in its name by its President , sealed with its corporate seal and attested by her as its Secretary. Witness my hand and offical stamp or seal , this the aL day of 1988 . Notary Pu.li My commission expires : • 2 11 I 060 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 19, 1988 Action Agenda Item # U4 SUBJECT: JOINT PLANNING AREA PUBLIC HEARING DEPARTMENT: Planning PUBLIC HEARING: Yes `X.No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider setting a new public hearing date on proposed amendments to the Joint Planning Area Land Use Plan, the Orange County Zoning Ordinance and Atlas, and the Land Use Element of the Orange County Comprehensive Plan. BACKGROUND: A public hearing had been scheduled for Wednesday, April 13, 1988, at Culbreth Junior High School in Chapel Hill for the purpose of considering proposed amendments to Joint Planning Area Land Use Plan, the Orange County Zoning Ordinance and Atlas, and the Land Use Element of the Orange County Comprehensive Plan. The public hearing was canceled because inadequate notice to affected property owners . At least fifteen (15) days notice prior to the public hearing is required by the Zoning Ordinance. The Planning Department has taken corrective action to insure that proper notification is provided hereafter. The public hearing is necessary as the next step in implementing the Joint Planning Agreement between Orange County, Chapel Hill and Carrboro. Proposed zoning plans for the Transition Areas of Chapel Hill 1 061 and Carrboro as well as the incorporation of the municipal land use regulations into the Orange County Zoning Ordinance must be presented for citizen comment. In addition, amendments to the Joint Planning Area Land Use Plan must be considered to respond to citizen petitions and to provide consistency with the Joint Planning Agreement. The next regular meeting of the Board of Commissioners in the Chapel Hill-Carrboro area is on Tuesday, May 17, 1988, at 7 : 30 p.m. The meeting is to be held in the Courtroom of the Chapel Hill Post Office on Franklin Street. Conducting the Joint Planning Area public hearing in conjunction with the regular Commissioners meeting will eliminate the need for an extra meeting. RECOr'MENDATION: The Administration recommends setting the Joint Planning Area public hearing for Tuesday, May 17, 1988 at 7 :30 p.m. in the Courtroom of the Chapel Hill Post Office on Franklin Street. Prior to the notification of affected property owners, the County Manager will present a status report to the Board of Commissioners on plans for such notification. 062 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag nda ACTION AGENDA ITEM ABSTRACT Item No._ s Meeting Date: APRIL 19, 1988 SUBJECT: PUBLIC RECORDS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S GENERAL STATUTES REFERRING TO OFFICE,X501 PUBLIC RECORDS TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To provide Board with approach in Preliminary report on Manager's proposed and for Oran geoCounty, access to public documents provided by BACKGROUND: North Carolina General Statute Section records as meaning all "documents, 132-1 defines records photographs,s , papers, letters,public films, sound recordings, maps, processing records, artifacts, or other documentary material, data regardless of physical form characteristics, material, received pursuant to law or ordinance with the transaction of � made or transaction or public business by any agency Carolina government nt or its Subdivisions. " copies Y �n records Cdo not Public of those communica- tions do ct "made within the scope of the attorney-client those ron ship by any attorney-at-law serving Y-client relation- concerning any claim against, or on ehalf governmental body concerning the prosecution, of the Count or of any judicial action, or�any fadministrativenor other type of proceeding to which the County is a party, or b or may be directly type of Y affected, " by which it is In addition to the accessibility referenced above, rivi information personnel files of em to ees P leged applicants for employment to p Y , former employees or should not be disclosed. N. C. General XStatute 153A-981 covers the employee personnel records exception to the general that all County ovens Y documents are public records. g al rule 063 RECOMMENDATION(S) : Manager makes the following preliminary recommendations: 1) That all copies of documents County to include all major reports,1esurveys and studies. Copies of which will be retained in the by and for the sioners meeting room of County Commis These copies may be checked out of Board toftCountyuCo is sioners office and read on site. y - 2) If copies are requested by the public of an such copies will be made available within ythreeIDe working days of the request. working At present there are no charges public. The Manager is having for copies made for the Central Services determine g the Director of Purchasing and governments in our surrounding practices of other local any schedule of fees at a later meetingnin May 11 recommend on . 0 1 0 # 132-1 CH. 132. PUBLIC RECORDS 064 i 132-1 Chapter 132. i Public Records. 986 ' Sec. 132.1. "Public records" Sec. 132-1.1. Confidential defined' 132-8, f communications Assistance b 4 by legal counsel p Depart- ,986 le by and to to public ment of Cultural >�- records. agency;not public sources. 132-2. Custodian 132-8.1. Records management 132-3. designated. Program Destruction of records administered by Depart- ; ment of Cultural Re- lated. e. ® 132-4. Disposition of records at end of sources; ,procedures,, o; 132-5, official's term. standards,procedures, a Demanding custody, surveys. etc.; t 132-5.1. Regaining custody: civil reme- 1321.2. dies. Selection and preservation of 132-6. Inspection and examination of records considered essen_ records. tial;making or designation 132-7. Keeping Ping nerds in safe places; of preservation duplicates; co fied PYing or repairing; certi-copies. force and effect of dupli- cafes or copies thereof. 132-9. Access to records. 132-1, "Public records" defined. forth f solar "Public record" or "public records" shall mean 0.;� papers, etters, maps, books, photo all documents, magnetic or other tapes, photographs, films, sound recordings magnetic factsor other other ta , electronic data-processing facts, o Bother made or documentary material,regardless records, arti- , j connection with the transaction of public business b hang al form or or ordinance in l North Carolina government or its Y any agency of 79, : -1 Carolina government or its s subdivisions, Agency of North every public office, tdivisions shall mean and include public officer or official (State or local,elected or aFFO1nted), institution, board commission, 395. V ment, authority or other unit of governmnt bureau, State o count special district or other the State or of any ment. (1935, c. 265, s. 1; 1975 c Political subdivision of govern- .. s. 1.) ? 1985(Re Modification. — Henderson: 787, g Sess.,1986),c.962,s.1;Clay, Z•egal Periodicals. • Durham, Graham, Jackson, on Public access to For comment Polk, m,anGraha Transylvania: 1985 (Reg.Macon, government-held (1 77) 1986), C. 969; McDowell: 1985 Sess., records,see 55 N.C.L. Rev. 1187(1977), Sess., 1986), c. 892, g. For a note on the public's access to (Reg. •, 1986), c s. 1; Swain: 1985 Public records, see 60 N.C.L.Chapter 132) city of 923, s. 1, (as to (1982), Rev. 853 727. Y Durham. 1985, c. For survey y of 1981 administrative 33. 'ties References,—As to records of law, see 60 N.C.L. Rev. 1165 (1982). i education agencies, see § 115C-3. .t CASE NOTES Chapter Contemplates Disclosure as Well as Storage.—A presumed leg- by this Chapter, al atiel intent s St r to manila expense, but to which the public public to the extensive ex 4. preservation ofpubacreeth nied access, is untenable. ublic a de- .., � Prescribed for its own tenabl ss,would be + sake,absent access,would be 1 f. _,.., II ar v, i,' °� -�i • § 132-1 CH. 132. PUBLIC 11 `.' t,:., ,*., �;',* �%,,: RECORDS 13L-1 X11 an absurdity.Advance Publications,Inc- tlement terms considered in executive �:r �l; !,�> V. city of Elizabeth c"ity, 53 N.C.rn: r' 3 1 "+'''` 1' -r, ' 504, 2R1 S.k-2d 69 (198]). App sessions, The public has the right to j� ... ° now the terms of settlements made by ;•r ' r, ., ray The phrase p "pursuant to law t y w'l' g:.A,,,.,Cyj ,, ..;:r' p or or- the system in actions for wrongful ter- 1. ; ,r. �•;�r:.r.. ,.:� dinance in connection with the 4• ,ir ,, 'x''`;AP::-, transaction of funds oo of its agreements, since the , 1 . , public business" funds from which the settlements were ,:), �',`1,, ''4 t- should include, in addition to those i •'" ` ,'"`' ~"'z'°" paid must be considered the count ry+: "' h` records required by law, those records funds. News& Observer Publishing county's �' Q Y 9ii,a +' lv,, i`",+",e'r'd,'y?� that are kept in carrying out ]tshmg Co. �'" ='^+� �,w�; �..'•..... iTY g ut lawful du- v Wake County Hos ,-,. . : ~,.. ties, News&Observer Publishing Co-v. Y p S8s•. ce55 rt.N.C.e ' ,:;r�t t:.;.},. �,. v. fo App. 1, 284 S.E.2d 542 ,;,, !�.--<r,ti ! {.- Wake os S (19$1 ,,,�,:.... �i�{- � '�".,;. County 5 2p• Ys., 55 N.C. App, flied 305 02, 291 ), cert. de- _ ; i;,, ,; ,� c - - 1, 284 S.E.2d (1981), cert. denied, 5 N.C.N-C 29 denied, 151, ap- ' �,,' 305 N.C. 302, 291 S.E.2d 151, appeal peal dismissed and cert.denied,459 U.S. : -. ��` ;t �' ' ppeal 803, 103 S. Ct. 26, 74 L. Ed. 2d 42 -,..'., � rf�ay dismissed and cert.denied,459 U.S.803, (1982) '�''",:,'��; �"°F�`�:;.;t�;,°` 103 S. Ct. 26, 74 L. Ed. 2d 42 f at ,,, ` . "Agency (1982). S.B.I. records a not - •e �_4'�:' t of North Carolina govern- th public -i -, . ' s< M -,. g records and access to them is not avail- i b } Y; -.�,. ment or its subdivisions". The a ` — able under the Public Record r fir„ phrase "agency of North Carolina r lied en- : n- r :.;; £ :q:.. .,,t t:' ..c.,' g°v' cess to S.B.I. records is controlled en- 1,' t. . v _ -'?. ernment or its subdivisions"in this sec- tirely� u:. tin need be construed only upon the Y by 114.15. News & Observer •,'. �'.., Publishing Co. v. State ex rel.Starling, I .•.'�> h,;•' tr plain meaning of this section and in the , ' ` 312 N.C.N 276, 322 (1984). , . ,,i:., .+�. +... - ,«•,:J^, ''�G�'.•`. context of the public records statutes. S.E.2d 133 ''. : :g4. , , .`,11 News & Observer Publishing Letter from Engineer Consulting 4;,,k1,041° g Co. v. ..:-;, Wake County Hos for City.of A letter received b y '- Y P• Sys., 55 N.C. App, manager of defendant-City from a con - ��'_,�'''�' '�•,� l: ''.3rt 1, 284 S.E.2d 542 (1981), cert, denied, C. 302, 291 S,E.2d 151, a suiting •,,. F v `� . •. 305 N. g engineer whom defendant-city '"r�' °" ,a r''^ '''F" dismissed and cert.denied,459 U.Sppeal employed to inspect construction work i;', ; .. 103 S. Ct. 26, 74 L. Ed. 2d 42 (1982). on additions and modifications to its '` water treatment plant is a public record ;. .` ' '- `i:; 1..- - ` Wake County Hospital System is x�•a. , ,i a. agency of the county under the subject to disclosure. Advance Publics- an 3G North Carolina public records statutes, tions, Inc- v- City of Elizabeth City, 53 .. ..s ,19.,-,6) .',yrf.QA. 4., News & Observer Publishing Co. v N.C. App. 504, 281 S.E.2d 69 (1981). zt_ y y - g Cited in State v.Bella) 16 N.C.App. Wake County Hos Sys., 55 N.C. App- 339, 192 S-E.2d 86 (1972);Carnahan v. "� 1, 284 S.E,2d 542p(1981), ;�::,., ',t ' ,; ;:':: cert. denied, :,,,,l'r:r : ',''' '4 4 305 N.C. 302, 291 S.E.2d 151, appeal Reed,53 N.C. App, 589,281 S.E,2d 408 i -� .:01-V"r' `° `mr: �; dismissed and cert.denied,459 U.S_ (1981); Housing Auth. v. Montgomery, " ,� '�]�'}��y x; " fa"° dismissed S. Ct. nd, e4 L. lie. 4 42 S 803, 55 N.C.App.4224286 S.E.2d 114(1982); ' of"'-: '..--,0-'„5'n ' 4*•'—+ North Carolina State Bd.of Registration ti+_�-):: r':"', • By virtue of the definitions in gi ration §� 143.318.10(6) for Professional E Wake and 159.39(a), the ng'rs & Land Sur- ' County Hospital System is a"pub- veyors v. FTC, 615 F. Supp. 1155 ( lie body" that must, by law, record set- l;•D.N.C. 1985). . . �.-;. . OPINIONS OF ATTORNEY GENERAL m e +gip; Police Arrest and Disposition Such as Budgets, Bank Statements, yi'i'I''''' ', i' �4~v Records Subject to Public Examine- Tax Levies, Utility Accounts, Min- :"=;,•'a 'i~ ; r•.,,A-- lion. :'ua r:. —See opinion of Attorney General utes of �')- •)y ' ',�rr;rt-', t to Mr. Samuel M. Moore, Meetings, etc., Are Public 407 + 41 N C•A.G. Records. See opinion Attorney 1971). — P• )on of Davis Textbook General to Honorable R.L. avis, 43 ook Lists of State Universi- N.C-A-G. 274 (1973)• ties Are Public Records.—See o in- ion of Attorney General to Mr. J.D. reports and memoranda concerning Wright. North Carolina State Lniver- '` ° ;--.-4 . `;.,'. l investigation of crimes are not ",'"'a ,; .. sity at Raleigh,41 N-C.A.G- 199(1971)- lic records within the sense of Chapter s : Speech for Licensure as 132 and are not thereby subject to public . ..; }�r- org;� p ech and Language Pathologists inspection:Opinion of Attorney General '' P' and Audiologists Are Public to Honorable J. Hubert Haynes, 44 w''' ° Records. See opinion ''` p nion of Attorney N-C.A-G- 340 (1975). '• -T`• '`'( General to Mariana Newton, Phd-, •,!'. 'i ;.•,. ''{ -`•��. t ... Copies of Forms Maintained by Chairman, Board of Examiners for Law Enforcement Officers Are Not Speech and Language `'`#r:' '.- .. •$ g 45 N.C:Gt Pathologists fists and Public Records, — The copy of form rz'' .:;s' .; Audiolo ists, (1976)- HP-332 (affidavit form) Municipal maintained b and Papers, by p 1 Records pe the arrestin officer-• '� ,r: . ; ^C° g f which is completed ^,1^ , 2 ,' '(jet''" ,.r 4...+:°'�± ran.t''f rr��• .' r 5 „...,...,,,,,,.. •,,(i e,P-4•''' Ji43.0, - I .', -- ve • 132-1,1 CH. 132. PUBLIC RECORDS 066 M 0 § 132-1.1 Lb i when a person refuses to take a chemical The enforcement division cu bq test to determine alcoholic content of the copy of the corn- blood is not a public record and subject N.C.L uniform traffic ticket and cum- he to inspection• See opinion of Attorney plaint, which is maintained by the u�- tre I General to Barbara Smith, Assistant •ter issuing the complaint and include y'e §Secretary,Department of Crime Control his notes and other evidence, is not a o. ' and Public Safety, 48 N.C.A.G. 63 public record and subject to inspection C. f 19781. prior to trial of the offense charged in ' The ropy of HP-332A(rights of person the complaint. See opinion of Attorney requested to take chemical test to deter- General to Barbara Smith, Assistant S. mine alcoholic content of blood), main- and rY,Department of Crime Control aP- 42 tained by arresting officer is not a public and Public Safety, 48 N.C.A.G. 63 record and subject to inspection, See (1978). c opinion of Attorney General to Barbara The enforcement division copy of the ail- • Smith,Assistant Secretary,Department pl•C.. uniform traffic ticket and com- - of Crime Control and Public Safety, 48 plimt is not a en- port Crime 63 (1978), to insp public record and subject :Ac- The copy of the alcohol influence re- quartdre rafter the trial of district theroffense mg, port (HP-327) which is maintained by charged in the complaint.See opinion of 4)• the arresting officer and the copy of Attorney General to Barbara Smith,As- ;n� which is maintained at troop headquar- Blatant Secrets the Re is not a public record and subject to Control and Public Safety,Department of :on- inspection.See opinion of Attorney Gen- 63 (1978). city eral to Barbara Smith,Assistant Secre- The chemical test operator's pork Lary. Department of Crime Control and (DHS-2069) is not a publc record and its Public Safety, 48 N.C.A.G. 63 (1978). subject to inspection while in the cord The departmental copy of the N.C.un- sion of the chemical test operator. See tics- the traffic ticket and complaint,which opinion of Attorney ;i53 is submitted by a highway patrolman to Smith,Assistant Secretary,Department ) the district first sergeant who transmits of Crime Control and Public Safety, 48 4110 it to the Traffic Record Section of the N.C.A.G. 63 (1978). app, Division of Motor Vehicles,is not a pub- The breathalyzer operational n v tic Division and M tob 408 in the time it is subject the ur- list(DHS-2012)whichcompleted and erY. trol district headquarters.See opinion pof is not public record and lsubr operator to in- t$on I Attorney General to Barbara Smith,As- spection. See opinion of Attorney ' sistant Secrets subject to in- 3ur- Secretary, Department of Crime' -eral to Barbara Smith,Assistant Secre- tion Control and Public Safety, 48 N.C.A.G. tart', Department of Crime Control and 63 (1978), Public Safety, 48 N,C,A,G, 63 (1978i. § 132-1.1. Confidential communications by legal nta, tin counsel to public board or a public records. gencY3 not 'Be nay Public records, as defined in G.S. 132-1, shall not include written 43 communications (and copies thereof) to any public board, council, ive commission or other governmental body of the State or of any ing ernmentmmadepWithin the political of the attorney-client or unit of ship ter by any attorney-at-law serving Y client relationship ter cerning any claim against or on behalf of the governmental ody r thc 'ter the governmental entity for which such body acts,or concerning the 44 prosecution, defense ral or any administrative settlement or litigation of any judicial action, by ernmental body is a party type of proceeding to which the gov- affected. Such writtencommunication land copies thereof shall not lot may be directly rm be open to public inspection, examination or copying unless specifi- by tally made public by the governmental body receiving such written Rd . 1111/ communications;provided, however, that such written communica- 3 I i , 1 1� ): ' r 132-2 132. PUBLIC RECORDS § 132-4 ,;� . �'��,,..t:�;;y,�� f. -. CH. CORDS Y ,r�;;', i�'�',;,; K dons and copies thereof shall become public records as defined in I -' ' 4 : ;• �;,ti G.S. 132-1 three years from the date such communication was re- k; '•t?',71::.'i.!!„,,,14'' 'A.,_','1,"• ceived by such public board, council, commission or other govern- ! ,., -,.*, , ,', ',• ,,' mental body. (1975, c. 662.) 1 - 'c..-44,12 ('' ~ ' k.`,;t_ LA.' Legal Periodicals. — For survey of ' ' ' `. : .irj ': 1981 administrative law, see 60 N.C.L. ' ' ' ."-'-'" '`'' ..• ,1 °,.' Rev. 1165 (1982). "i. .r::.r' CASE NOTES •kip ,t`.:..t"ry , �'" ,Y;^ ' t',f .rPa?• Cited in News&Observer Publishing • f., pa ti ' �;w,,.'µ ;:'F,; Co.v.Wake County Hosp.Sys.,55 N.C. ;4.1• ''7 •ir :c:; R . 1, 284 2d 542 (1981). fl• i v.:-�• ,, . App. S.E. ..,, a r ,,. � yJ ' •:��,7° ; .:,,'4"zik :y,t1' . § 132-2. Custodian designated.,Ibri.', . '': `r , ,,..q,; ,,.: .. The public records <.-144-7":",;',,1•=7 4,10," ,,!` ' `,r.! p c official in charge of an office having public recd �t shall be the custodian thereof. (1935, c. 265, ' ,. hg-4-,,,,.0i,,,{4., 132-3 Destruction of records regulated. 4" " No public official may destroy, sell, loan, or'otherwise dispose of Fr: •Al,, :° .,,:" any public record,except in accordance with G.S. 121-5,without the ; `r`' ?t°f"-',';± x ;• c�'�` consent of the Department of Cultural Resources. Whoever unlaw- ,- �a{.,C; ?. ,,� ', ! .. y removes a public record from the office where it is usually :_ , - r; ".yti;;,r�.„,- ., F kept, or alters, defaces, mutilates or destroys it shall be guilty of a ,`.Y -` ” + .: T misdemeanor and upon conviction fined not less than ten dollars ' i,', r� :', ($10.00)nor more than five hundred dollars($500.00). (1935,c. 265, " . ,te. '; ;.,m:;°r , ;,; s. 3; 1943,C. 237; 1953,c.675,s. 17; 1957,c.330,s. 2; 1973,c.476,s. 'r �,.. .' r" 48.) d r ''',' '_-,,,14°1 K^ Cross References.—For section fur- ,, )", r• '4A '' 4',u› i ther regulating destruction of records, ;. ,, { .- ,7' see § 121-5. 1 *.. .1 , ,,:«.,. ; ?,... CASE NOTES• y Applied in State v. West, 31 N.G. Cited in State v.Beller, 16 N.C.App. ., r r. ;. :. Vy•: ,,? ?+? ;•.,,' ! App.431,229 S.E.2d 826(1976);State v. 339, 192 S.E.2d 86 (1972). '7 '; V:1441.- ,.14 '"- T ;+'^ "'' Caldwell,53 N.C.App"1,279 S.E.2d 852 ;;{ ,+r. � - .-.., ..': ; ; . . (1981). ; -.4'..?''-ith.*' ','..','-' _ "I ',., § 132-4. Disposition of records at end of official's !` a ty y ' term. .,,s 4 : : . Whoever has the custody of any public records shall y.. �� ��rr�� shall, at the expi- -..: .: ,:.;, ;� - ration of his term of office, deliver to his.successor, or, if there be • '�.• none, to the Department of Cultural Resources, all records *�'! 1 `:` 4';.' <x r•;;' p records, books, 's �.z.r,mss`: :: writings,.letters and documents kept or received by him in the• ' . >,,;, ,' ?:•`R%'.., " transaction of his official business; and any such person who shall .4,7%'`"i'. ,:'' ,=' ': . .. refuse or neglect for the space of 10 days after request made in ,XA `4'x -4-,- writing by any citizen of the State to deliver as herein required Y..� �,; ,y,;r.ry, ; .,..: such public records to the person authorized to receive them shall {'n_� AtY': : Y, 't a.. j1 .1� 'iiiF' 4 44 littx ■ ., , 1 4.11 ; '4; is j 7'� _ µ1�,� hJ Y�f 1 1 - 132-5 CH. 132. 1'U13L1C RECORDS q § 132-5.1 be guilty of a misdemeanor and upon conviction imprisoned for a term not exceeding two years or fined not exceeding one thousand in- dollars($1,000)or both. (1935,c. 265,s. 4; 1943,c. 237; 1973,c. 476, s. 48; 1975, c. 696, s. 1.) § 132-5. Demanding custody. Whoever is entitled to the custody of public records shall demand them from any person having illegal possession of them, who shall forthwith deliver the same to him. If the person who unlawfully possesses public records shall without just cause refuse or neglect for 10 days after a request made in writing by any citizen of the State to deliver such records to their lawful custodian, he shall be guilty of a misdemeanor and upon cimviction imprisoned for a term not exceeding two years or fined not exceeding one thousand dollars ($1,000) or both. (1935, c. 265, s.. 5; 1975, c. 696, s. 2.) rds § 132-5.1. Regaining custody; civil remedies. (a) The Secretary of the Department of Cultural Resources or his designated representative or any public official who is the custo- dian of public records which are in the possession of a the agency not authorized by the custodian or b law to person or a�,i,_ public records may petition the superior court in the county in ally which the person holding such records resides or in which the mate- of a rials in issue, or any part thereof, are located for the return of such lays public records. The court may order such public records to be deliv- of a eyed to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of ''S. a person not authorized by the custodian of the public records or by law to possess such public records. If the order of delivery does not receive compliance, the petitioner may request that the court en- force such order through its contempt power and procedures. (b) At any time after the filing of the petition set out in subsec- tion (a) or contemporaneous with such filing, the seeking the return of the public records may by ex public official request the judge or the court in which the action was filed to rant one of the following provisional remedies: grant ?qv. (I) An order directed at the sheriff commanding him to seize the materials which are the subject of the action and de- liver the same to the court under the circumstances herein- after set forth; or (2) A preliminary injunction preventing the sale, removal, dis- il posal or destruction of or damage to such public records pending a final judgment by the court. (c) The judge or court aforesaid shall issue an order of seizure or Kpi- grant a preliminary injunction upon receipt of an affidavit from the be petitioner which alleges that the materials at issue are public Mks, records and that unless one of said provisional remedies is the there is a danger that such materials shall be sold, secreted,tre call moved out of the State or otherwise disposed of so as not to be forthcoming to answer the final judgment in the same; or that such property may e destroyed or respecting red damaged or injured if not seized or if injunctive relief is not w granted. s - • . i 5 1 i i § 132-F, CH. 132. PUBLIC RECORDS § 132-7 "' y; + _ �.,t (d) The aforementioned order of seizure or preliminary injunc-rc•�' '��� tion • +,, .. 1 shall issue without notice to the respondent and without the • 4'( w.�x" posting of any bond or other security by the petitioner. (1975, c. ;`„�y - u : 787, s. 2.) lot r ` '4"' CASE NOTES °' ,I W.,* ,.,:. Public records and documents are ment is in the State,it cannot be die- - ", ': 1,,,rN'11,, ;:'. the property of the State and not of :;' P P Y 1�'. " � � +tt' the individual who happens, posed of except as provided by law. �, ,,.,,,, ,,V,y,1. ns at the f" +!1:' � �"'.E� ��+�� PPe � It cannot be forfeited through the over- ,'I �; „:11.. i'. r;,i, moment, to have them in his n' >twkr'-dtr �. posses- sight, carelessness or even intentional ,.'pin'. ,.,� lion;and when they are deposited Y posited in the conduct of any of the agents of the State. °. .r,T,. place designated for them by law,there Thus,the documents in question left the , 'a.. 4=---'114:.'.''4';;_. they must remain, and can be removed -''�'r el- '1• only under authority of an act of the le custody of the court in an unlawful man wa islature and in the manner and for the ner and legal title thereto cannot pass to -+ u. .r� e <,z:,.;� tN,� .. I.i' . purpose designated by law. State v the individual who happens at the "^ r', West,31 N.C.App.431,229 S.E.2d 826 moment,to have them in his possession. (1976),afl'd,293 N"C..18,235 S.E.2d 150 State v. West, 31 N.C. App. 431„229 , •. - (1977). S.E.2d 826(1976),affd,293 N.C.18,235 "t'' b. c'4.�, ,+`:;,, Since ownership of bills of indict- (1977). '► a p S"E.2d 150 (1977 c -■~1` § 132-6. Inspection and ears ;,., 4 P examination of records. �':"'� Every person having custody of public records shall permit them . r f ' '. � :, ,, r. to be inspected and examined at reasonable times and under his„oil •.,t ;,-f : b supervision' , :; � .'...41/4..”, p by any person, and he shall furnish certified copies yw' - thereof on payment of fees as prescribed by law. (1935,c. 265, s. 6.) 2;+Y k4--1,; ,111 ;: .' Local Modification. — New Hano- For a note on the public's access to .n„;,',,;,,, ,y:. y ;,, ver: 1981, c. 960;city of Gastonia: 1985 public records, see 60 N.C.L. Rev. 853 `y�4 '.• (Reg. Sess., 1986), c. 902, 5. 8. '.=. F:' ;I (1982)" `'�i N .:, ;� '`- Legal Periodicals. — For comment 1,, � :.., P :e' on public access to government-held i . -I' ,.;r ir:i't ii ' records, see 55 N.C.L.Rev. 1187(1977). rn,,yi'p:'.:::. -,,, - . . 7:.' Si i" l � .. •r'; CASE NOTES "Any Person" Includes Co i-.:_ r.'�., ";�,{ �,; 3'.'.�,' rpora- this section. Advance Publications, Inc. .r.. a tion. -- The General Assembly did not v. City App. � ,; ;: , y of Elizabeth City, 53 N.C. A N. .'r�;'.1,: l ,,.., intend to exclude corporate entities from 504, 281 S.E.2d 69 (1981). '4,;,-, ( the scope of the phrase"any person"in • ,; ; �'�';. § 132-7. Keeping records in safe places; copying or `' '' " . repairing; certified copies. .. . Insofar as possible, custodians of public records shall keep them "" in fireproof safes,vaults,or rooms fitted with noncombustible mate- F t' rials and in such arrangement as to be easily accessible for conve- • . , nient use. All public records should be kept in the buildings in rr �';;y- ; : ' which they are ordinarily used. Record books should be copied or 1. k p ft. i repaired,renovated or rebound if worn,mutilated,damaged or diffi- i ''"'` cult to read. Whenever any State, count �,, cu, �: ,�,.. � _ county, or municipal records are ;� ,;�� ;~ „..4„......; in need of repair, restoration, or rebinding, the head of such State ,.,rat,;,;;„ ;4.t agency, department, board,or commission,the board of county corn- :,.„. , . missioners of such county,or the governing body of such municipal- ,•y:_";;`-` ,.,,,,r-.,` x ity may authorize that the records in need of repair, restoration, or M'r:KF'.::'. 6 :1 i a :.. le l' 1111'''�ilr i '.� :`111.1P-•N',w es. ,.7 0 0 § 132-8 CH. 132. PUBLIC RECORDS U • § 132-8.1 h tie rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them. Any public official who causes a record book to be copied shall attest it and shall certify on oath that it is an accurate copy of the original book. The copy the force of the original. (1935, c. 265, s. 7; 1951,shall then have die- 1951, c. 294.) �° § 132-8. Assistance by and to Department of Cul- ver- �na1 tural Resources. • ;ate. the The Department of Cultural Resources shall have the right to Han- examine into the condition of public records and shall give advice ss to • • and assistance to public officials in the solution of their problems of the preserving, filing and making available the public records in their lion. custody. When requested by the Department of Cultural Resources, 229 public officials shall assist the Department in the preparation of an 229 - inclusive inventory of records in their"custod attached a schedule,approved by the head of the�governmental unit or agency having custody of the records and the Secretary of Cul- ;. tural Resources, establishing a time period for the retention or dis- posal of each series of records. Upon the completion of the inventory hem and schedule, the Department of Cultural Resources shall (subject his to the availability of necessary space, staff, and other facilities for such purposes) make available space in its Records Center for the s. pies filing of semicurrent records so scheduled and in its archives for 6.) 0 0 noncurrent records of permanent value,and shall render such other ass to assistance as needed, including the microfilming of records so f. 853 scheduled. (1935, c. 265, s. 8; 1943, c. 237; 1959, C. 68, s. 2; 1973, c. 476, s. 48.) $ 132-8.1. Records mAnagement program adminis- tered by Department of Cultural Re- sources; establishment of standards, Inc. procedures App. , etc.; surveys. A records management program for the application of efficient and economical management methods to the creation, utilization maintenance, retention, preservation, and disposal of official records shall be administered by the Department of Cultural Re- g or • • sources. It shall be the duty of that Department,in cooperation with and with the approval of the Department of Administration, to establish standards, procedures, and techniques for effective man- them agement of public records, to make continuing surveys of paper Hate- work operations, and to recommend improvements in current �nve- records management practices including the use of space, equip- s in ment, and supplies employed in creating, maintaining, and servic- ed or ing records. It shall be the duty of the head of each State diff`i- and the governing body of each county, municipality and other states are subdivision of government to cooperate with the Department of State Cultural Resources in conducting surveys and to establish and maintain an active, continuing program for the economical and :ipal- efficient management of the records of said agency,count n, or COM- . • pality, or other subdivision of government. (1961, c. 1041; 1973,c. 476, s. 48.) 7 ;«,��•,;,,' § 132-8.2 ti'' : .. ;, t {�, CH. 132 PUBLIC RECORDS jJ�'ii it 132-9 ,,,:„.4,.. § 132-8.2. Selection and t, *--ni , :x,'7' . ',�.�, "v;�° �'�..�:t. ;�� preservation of records •` r .may considered�,, ; d essential; making or desi • • ?'I .• nation of preservation duplicates; force w.. ; I P ' and effect r; �.' . w.; ct of � • duplicates or copies `r: thereof. In cooperation with the head of each State agency and the gov- erning body of each county, municipality, and other subdivision of 7, government, the Department of Cultural Resources shall establish `" fir:" and maintain a program for the selection and preservation" - p of public records considered essential to the operation g r ',,'N., '•,, ration of government and to ', . r; { ,.. the protection of the rights and interests of persons,and,within the ,. : ,,. .yt,,a limitations of funds available for the purpose, a.,. '. , ,,14_„ ti<<: to be made preservation duplicates r all make pr cause duplicates existing copies of such as preservation !' 411:4,1.,..4i- '” P g P essential public records.Preserva- tion duplicates shall be durable, accurate "'-'.i .,,,...,��i` .. 4.4-` , � complete and clear,' 2,x°'''. ' ', , - such duplicates made by P , and kt ,.{ :r. � � P y a photographic, photostatic, microfilm, '!�.4, .,,, �;o-�. ;, micro card, miniature photographic, or other "1` ` "'"`'4:1` rately reproduces and forms a durable medium for so reproducing :�• � ,h the original shall have the same force and effect for all ;°•? + ....�,:f.' purposes as ` .'.-. .�f,,r:.; .,, •; the original record whether the original record is in existence or ' ''�.+'; ,.. not. A transcript, exemplification, or certified copy of such peser- . . . ,.,�? ,. ,4y., = r vation duplicate shall be deemed for all u ;�::� .,:�-�r , ;,,':�- purposes to be a transcript, ,,.z .-; ,r ` '4 � exemplification,or certified copy of the original"record.Such ,, :.g'._ vation duplicates shall be preserved manner " ,���i'��_ ;�;��;; '� � P in the place and manner of " . safekeeping prescribed by the De -r ` •,.::;% 'k,.'. Y Department of Cultural Re y;;:y,.�-f .,. : (1961, c. Resources. .a [=x' fi`va '�'a'.:+ : r=x 1041; 1973, c. 476, s. 48.) .. .. • rte`' '+:j6 r: _ict,1 + "�' ' § 132-9. Access records. ; ;« �:?, r ",.:` -: .: .,;g� Any person who i ?; �,�,;, ..,y. y P o is denied access to public records for purposes of ".,.,�..' 4°,, �-�. : inspection, examination or copying -.%.,iAs:`.,..i ... :"' PYing may apply to the appropriate ..,,._r' r 47`�' :4 `. : division of the General Court of Justice for an order compelling '' ;V' '''44:4 t`:,";•-r'.!' disclosure, and the court shall have jurisdiction to issue such or- ders. (1935, c. 265, s. 9; 1975, c. 787, s. 3.) . '- -.' Local Modification. — New Hano- on g rr�'` public access to government-held ,4-,..r;., "�' ' ''�•.� ;q, ver: 1981, c. 960;city of Gastonia: 1985 records,see 55 N.C.L.Rev. 1187 administrative . :'�: + �r,K�' , For survey of 1981 administrative '.,, `. ,°I•,:.:' *h'�: ,- g? Legal Periodicals. — For comment law, see 60 N.C.L. Rev. 1165 (1982). .,1,..� CASE NOTES "Any Person" Includes Corpora- Cited in Carnahan v. Reed, 53 N.C. tion. — The General Assembly did not App. 589, 281 S.E.2d 408(1981); Hous- '., intend to exclude corporate entities from ing Auth. v. Montgomery,55 N.G. App. " • the scope phrase"any'r pe of the P h person"in 422,286 S.E.24 114(1982);North Caro- this section. Advance Publications, Inc. line State Bd.of Registration for Profes- ;a C "•`t .•:''• -r v. City of Elizabeth City, 53 N.C. App. 504, 281 S.E.2d 69 (1981). sional Eng'rs&Land Surveyors v.FTC, 615 F. Supp. 1155 (E.D.N.C. 1985). Val: • '♦:p 11 ,.i."" ... 1 , ,344lift,;it"-'.',•4'.., ps 4 i ,... .. 1"=iii: ,V 1 iMMiMMMM § 132-1 PUBLIC RECORDS 072 § 132-9 Chapter 132. Public Records. Sec. Sec. 132.6. Inspection and examination of 132-9. Access to records_ records. § 132-1. "Public records" defined. Local Modification. --- Caldwell: 51;cities of Hickory and Conover: 1987, 1987, c. 472, s. 1(c); Carteret: 1987, c. c. 319, s. 1; town of Beech Mountain: 375, s. 4(c); Currituck: 1987, c. 209, s. 1987, c. 376, s. 2(a); town of Blowing 1(c);Duplin: 1987,c.317,s.1(c);Gaston: Rock: 1987,c.171,s.1(c);town of Boone: 1987, c. 618, s. 1(c); Halifax: 1987, c. 1987, c. 170, s- 1(c); Averasboro Town- 377,s.1(c);Henderson:1987,c.172;Lee: ship: 1987, c. 142. 1987,c.538,s. 1(c);Lenoir: 1987,c.561, Cross References. - As to diaries s. 1(c); Mitchell: 1987, c. 141, s. 1(c); kept in connection with construction or Nash: 1987, c. 32; Pasquotank: 1987, c. repair contracts, see § 136-28.5. 175, s. 1(c); Pitt: 1987, c. 143, s. 1(c); Editor's Note. - By virtue of Session Rowan: 1987, c. 379, s. 1(c); Wilson: Laws 1987,c. 172,the local modification 1987,c.484,s.1(c);Yancey:1987,c.140, for Henderson by Session Laws 1985 s. 1(c); city of Elizabeth City: 1987, c. (Reg. Sess. 1986), c. 962 should be de- 175, s. 1(c); city of Greensboro: 1987, c. leted from the main volume. § 132-6. Inspection and examination of records. Every person having custody of public records shall permit them to be inspected and examined at reasonable times and under his supervision by any person, and he shall furnish certified copies thereof on payment of fees as prescribed by law. Notwithstanding the foregoing, public records relating to the proposed expansion or location of specific business or industrial projects in the State may be withheld so long as their inspection, examination or copying would frustrate the purpose for which such public records were created; provided, however, that nothing herein shall be construed to permit the withholding of public records relating to general eco- nomic development policies or activities. (1935, c'. 265, s. 6; 1987, c. 835, s. 1.) } Effect of Amendments.--The 1987 amendment, effective August 14, 1987, rewrote this section. § 132-9. Access to records. Any person who is denied access to public records for purposes of #; inspection, examination or copying may apply to the appropriate division of the General Court of Justice for an order compelling disclosure, and the court shall have jurisdiction to issue such or- ders. In an action to compel disclosure of public records which have been withheld pursuant to the provisions of G.S. 132-6 concerning r . public records relating to the proposed expansion or location of par- ticular businesses and industrial projects, the burden shall be on the custodian withholding the records to show that disclosure would frustrate the purpose of attracting that particular business or in- 131 0";3 § 132-9 1987 CUMULATIVE SUPPLEMENT g § 132-9 § 133-1 dustrial project. (1935, c. 265, 8. 9; 1975, C. 787, s. 3; 1987, c. PC 2) 835, s. Effect of Amendments.— Cl] amendment, effective August The 1987 Pt I added the last sentence. 14, 1987, i Article 3. Regulation of Contractors fo: ■ Public Works. Sec. r 133-32. Gifts and favors regulated. Gene r § 133-1. Employment works wh rials pro Local Modification. -- (As to Chapter) Tyrell: 1983, c. 208; 19: 120; 1987, c. 58, s. 1; New Han Regulation of Con § 133-32. Gifts and f (d) This section is not int_. honorariums for participate souvenirs of nominal vahir section is not intended tr supplier from making c defray meeting expenses . bers of such professional org governmental employees wi zations from participation in able to all members of the meeting. This section is al- gifts or favors between empl relatives or the friends and dren, or members of their h,, relationship rather than t which is the motivating fat such gifts knowingly made by the donee to the agency tor, subcontractor, or suppli. with the governmental age ,.- gift. (1981, c. 764, s. 1; 19 132 • • 0 7 4 • T 19.2 ART. 3. CIVIL ACTIONS AND PROCEEDINGS § 6-20 I I. "'�¢'''' n s Note. — Section 150A-43, tive January 1, 1986, and has been re- to in this section,was rewritten codified as § 150B-43• " '' Laws 1985,c.746,s. 1,effec- C] • W ;rit 619.2. Attorney's fees to parties who compel dis- i,, le closure of public records. ; s any civil action in which a party successfully compels the ,,:;,^• "A • • . re of public records pursuant to G.S. 132-9 or other appro- 4'* visions of law, the court may, in its discretion, allow the , I ailing party to recover reasonable attorney's fees to be taxed as 'i" costs against the appropriate agency if .;;: (1) The court finds that the agency acted without substantial ,;;` y : iftri justification in denying access to the public records; and (2) The court finds that there are no special circumstances that 'c, ', "' would make the award of attorney's fees unjust. ' `,''`:. The party shall petition for the attorney's fees within 30 days ,',,;',, , r;f mg final disposition of the case. The petition shall be sup- ' t. • by an affidavit setting forth the basis for the request. ; ii;," Nothing in this section grants permission to bring an action t'''''Y against an agency otherwise immune from suit or gives a right to an action to a party who otherwise lacks standin 4' action• g to bring the ,:1 : Any attorney's fees assessed against an agency under this section .• atoll be charged against the operating expenses of the agency and • at b.- shall not be reimbursed from any other source. (1983, c. 918, s. 1.) 1 6-24. Costs allowed or not, in discretion of court. In other actions, costs may be allowed or not, in the discretion of Ube court, unless otherwise provided by ' " 1267 P y law. (Code, s. 527; Rev., s. 'r'" . C.S., s. 1243.) k .: r • Crass References. — As to costs The Legal Theory �' where new trial is g rY of Attorney Fee ' , granted, see § 6-33 Shifting:A Critical Overview,"see 1982 J. E the note thereto. Duke L.J. 6E1 (1982). Legal Periodicals. — For article, • CASE NOTES The purpose of this provision is to Exercise of Discretion Presumed. fire the court authority to allow costs, —Nothing to the contrary a M the Justice of the case may r require. ou appearing,it °a i Gulley v Macy Y � will be taken that the court gave judg- � • Parton v, y 89 N•C• 343 (1883); ment in the exercise of its discretion as Boyd, 104 N.C. 422, 10 S.E. _., 490 (1889). provided in this section.Gulley v_Macy, z,,"' Section Inapplicable 89 N.C. 343 (1883); Wooten v. Walters, pplicable to Contempt • Proceeding._ 110 N.C. 251, 14 S.E. 734 (1892. ✓,' i` contempt, Bp Althou h labeled"civil" ) w b p a proceeding as for contempt Discretion Not Reviewable. — By Y no means a civil action or proceed_ this section the taxing of the costs is .. ;,4.4- to which § 6-18, providing when placed in the discretion of the trial costa costa shall be allowed to plaintiff as a judge, which discretion is not review- l• Matter of course, or this section would able- Kluttz v. Allison, 214 N.C. 379, '9131y United Artists Records, Inc- v. 199 S.E. 395 (1938); Chriscoe v. rf ' ` Eastern Tape r ' 196 S E 2d Corp.,rp. 18 N.C.NC App. 183, Chriscoe, 268 N.0 554, 151 S.E.2d 33 �•*+ ' � 598, cent. denied, 283 N.C. (1966), 4 .•;'',1'�' , 197 S.E.2d 880 (1973). The exercise of the court's discretion- 13 rv, ; t 1 T jr E ki F. w ! tJ • 52p-95 ART, 5. ADMINISTRATION § 153A-98 ro ", 153A-95. Personnel board. '' n "/''tl - board of commissioners may establish a personnel board with r siv ray, as regards employees in offices, departments, boards, missions, and agencies under the general control of the board of it :��missi.oners, to administer tests designed to determine the merit .• , .Dd fitness of candidates for appointment or promotion, to conduct IS ' 0.-.. , { rings upon the appeal of employees who have been suspended, ?,'?5. °noted, or discharged, to hear employee grievances, or to under- , ! any other duties relating to personnel administration that the `. ' - . . of commissioners may direct. (1973, c. 822, s. 1.) • ';',: 1 153A-96. Participation in the Social Security Act. ,: : ,:; a, The board of commissioners may take any action necessary to fi ; allow county officers and employees to participate fully in benefits " provided by the Federal Social Security Act. (1973, c. 822, s. 1.) '' -- '-''` 1153A-97. Defense of officers, employees and j ie a • others. ! tt 1. A county may,pursuant to G.S. 160A-167,provide for the defense a ' of any county officer or employee, including the county board of } f .' ti ' y: t°'• rT i i elections or any county election official, and of any member of a �� .. ' volunteer fire department or rescue squad which receives public gl "'9' g„ P' x funds. (1957, c. 436; 1973, c. 822, s. 1; 1977, c. 307, s^ 1.) i '*t a.' p s a. i CASE NOTES aft _ - Cited in Bostic v. Wall, 588 K Supp- n i10. 6/94 (W.D.N.C, 1984), 4 # 153A-98. Privacy of employee personnel records. ; (a) Notwithstanding the provisions of G.S. 132-6 or any other ! ' ' 4 general law or local act concerning access to public records, person- nel files of employees, former employees, or applicants for employ- "'. ment maintained by a county are subject to inspection and may be disclosed only as provided by this section. For purposes of this sec- r' tion,an employee's personnel file consists of any information in any form gathered by the county with respect to that employee and, by i , way of illustration but not limitation, relating to his application, selection or nonselection, performance, promotions, demotions, transfers, suspension and other disciplinary actions, evaluation ' ” forms, leave, salary, and termination of employment. As used in this section, "employee" includes former employees of the county. (b) The following information with respect to each county em- ployee is a matter of public record: name; age; date of original employment or appointment to the county service; current position ' ''. title;current salary;date and amount of the most recent increase or - •`x decrease in salary; date of the most recent promotion, demotion, transfer, suspension, separation or other change in position classifi.- cation; and the office to which the employee is currently assigned. ;;■ The board of county commissioners shall determine in what form ` and by whom this information will be maintained. Any person may p,- 41 :: .� M1 1. fj o~�dit} L i § 153A-98 111 CH. 1 53A. COUNTIES i NTIES § 153A-98 f have access to this information for the purpose of inspection,exami- nation, and copying, during regular business hours, subject only to such rules and regulations for the safekeeping of public records as i the board of commissioners may have adopted. Any f access to this information may apply to the appropriate person denied the General Court of Justice y PP y PPropriate division of the court shall have jurisdiction to order issue suchlorders. losure,and ,1 (c)othAll information ncontaifned n 's nnel if -: il fi , er than the iormation imaa de public county by employee subsection perso(b) of t le this section, is confidential and shall be open to in i4 . i spection s the following instances: pection only in ' (1) The employee or his duly authorized agent may examine portions of his personnel file except (i) letters of reference solicited prior to employment, and(ii)information concern- ing a medical disability,mental or physical,that a prudent -. $ physician would not divulge to his patient. i I (2) A licensed physician designated in writing by the employee may examine the employee's medical record. y (3) A county employee having supervisory authority over the employee may examine all material in the employee's per- I sonnel file. (4) By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel fil e as may be ordered by the court. (5) An official of an agency of the State or federal government or any political - yP lsub subdivision on of the St portion of a personnel file when State, may inspect any such inspection ec tion i P sd by deemed me the d y official having custody of such records to be in i spected to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no informa- tion shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the u .. assisting in an investigation of h eployee's tax 1 purpose s However, the official having custody of such records may release the name, address, and telephone number from a r. personnel file for the purpose of assisting in a criminal investigation. i (6) An employee may sign a written release, to be placed with .a. his personnel file, that permits the person with custody of the file to provide, either in person, by telephone, or by mail, information specified in the release to prospective 14 - F fled in the release, employers, educational institutions, or other persons sped (7) The county manager, with concurrence of the board of county commissioners, or, in counties not having a man- ager, the board of county commissioners may inform any ' ! person of the employment or nonern to e y demotion, suspension or other disciplinary act on, rein- . .. statement, transfer, or termination of a county employee and the reasons for that personnel action. Before releasing the information, the manager or board shall determine in writing that the release is essential to maintaining public y 1 confidence in the administration of county services or to maintaining the level and quality of county services. This 1 written determination shall be retained in the office of the r 3 _ 1 ti' U manager or the county clerk, is a record available for pub- .• 42 1 t Y 1 ffi C r . 07'i 1i - -11 153A-98 ART. 5. ADMINISTRATION § 153A-98 lic inspection and shall become part of the employee's per- sonnel file. a x (c1) Even if considered part of an employee's personnel file, the p `' following information need not be disclosed to an employee nor to it v ,' any other person: a• ; (1) Testing or examination material used solely to determine - individual qualifications for appointment, employment, or promotion in the county's service, when disclosure would compromise the objectivity or the fairness of the testing or n0 examination process. (2) Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of .; ' an employee, until the investigation is completed and no criminal action taken, or until the criminal action is con- , 2)1,.i,p. eluded. ,,. (3) Information that might identify an undercover law enforce- ment officer or a law enforcement informer. -- ' '' (4) Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee E or his duly authorized agent shall have a right to inspect such materials. ' (c2) The board of county commissioners may permit access, sub- if, ject to limitations they may impose, to selected personnel files by a L'' professional representative of a training, research, or academic in- it r :1 stitution if that person certifies that he will not release information ,;,,,i. identifying the employees whose files are opened and that the infor- ': motion will be used solely for statistical, research, or teaching pur- poses. This certification shall be retained by the county as long as each personnel file so examined is retained. ' (d) The board of commissioners of a county that maintains per- i, sonnel files containing information other than the information mentioned in subsection (b) of this section shall establish proce- dures whereby an employee who objects to material in his file on grounds that it is inaccurate or misleading may seek to have the material removed from the file or may place in the file a statement relating to the material. - (e) A public official or employee who knowingly, willfully, and ." ' with malice permits any person to have access to information con- : ' tamed in a personnel file, except as is permitted by this section, is ' i' guilty of a misdemeanor and upon conviction shall be fined an , amount not more than five hundred dollars ($500.00). (f) Any person,not specifically authorized by this section to have ,:T . N. access to a personnel file designated as confidential, who shall ''+'...Gx knowingly and willfully examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of i ' a misdemeanor and upon conviction shall be fined in the discretion of the court but not in excess of five hundred dollars ($500.00). i (1975, c. 701, s. 1; 1981, c. 926, ss. 1, 5-8.) . . '; w; , • 078 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. _ Meeting Date: April 19, 1988 SUBJECT: Emergency Shelter Grant DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Grant Application INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize execution of an Emergency Shelter Grant Application. • BACKGROUND: The Department of Natural Resources and Community Development (NRCD) has announced the availability of additional Emergency Shelter Grant Program. (ESGP funds. The purpose of this ) and individuals who are homeless is to assist families economic circumstances. These grants will primarily due to tdeto local governments to help improve the quality aandded to availability of emergency shelters and servicesfor the homeless in their communities. In May 1987 , the County was awarded $5, 000 in ESGP funds and in December 1987, the County was awarded $13 , 648 in ESGP funds. These funds were directed to the Inter-Faith Council for the operation of their Community Shelter . Again, the Housing and Community Development is proposing submission of an ESGP application with Inter-Faith Council acting as subrecipient . Inter-Faith Council has agreed to provide the matching resources necessary. This application will request the maximum allowable - $5, 000 . The deadline for submission of the application is May 2, 1988 . County staff have met with representatives of Inter-Faith Council to discuss and prepare the proposed application. The application has been forwarded to the appropriate County officials for review and comment . RECOMMENDATION(S) : Authorize the submission of an Emergency Shelter Grant Application and authorize the Chair to sign the Application on behalf of the Board. U 7 6 • EMERGENCY SHELTER GRANTS PROGRAM APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: F.O. Box 8181, Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Fikes Address: p.O. Box 8181, Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. SHELTER (SUBRECIPIENT) a. Name of shelter: InterFaith Council for Social Services, Inc. b. Address: 207 Wilson St- Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran, Community Services Consultant Telephone: (919) 929-6380 3. ADMINISTERING AGENCY N/A a. Name of administratering agency: b. Contact person and phone number: 4. GRANT REQUEST Operations funds requested $5,000 5. If the local government certifications are to be submitted at a later date than the application due date, please indicate that date: N/A 6. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official of local government applicant: Shirley E. Marshall, Chair Orange County Board of Commissioners b. Signature c. Date ESGP #101 (Revised 3/88) _ 08u • EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of Applicant County of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. The homeless persons of this community need many transitional housing resources to enable them to find employment, seek appropriate counseling if necessary and accumulate enough money for moving-in expenses. The InterFaith Council anticipates these needs remaining the same in the future, therefore, a larger facility which houses various social service providers would be desirable. 2. What is the approximate number of homeless persons in your community/service area? According to the report, of the Chapel Hill Task Force on the Homeless, there are as many as 50 homeless persons in Orange County at any given time needing emergency shelter. There are also several additional persons who live in automobiles, abandoned houses or anyplace they are undisturbed. In 1987, InterFaith served approximately 150-160 homeless persons. 3. Please define the community/service area used in answering question 2 above. The community service area referenced above is Orange County inclusive of all incorporated towns. • 4. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? The InterFaith Council provides the only overnight shelter for homeless persons in Orange County. However, many other agencies provide temporary assistance to persons needing clothing, money and short-term assistance. _ These agencies include Orange Congregations in Mission, JOCCA and the local Department of Social Services. Many other churches and small community service groups also provide meals at various holidays during the year. ESGP #102 (Revised 3/88) EMERGENCY SHELTER GRANTS PROGRAM 08/ OPERATIONS ACTIVITIES FORM A separate form should be filled out for each subrecipient. Directions for filling out this form are found on pages 7 and 8 of the guidelines. A. Name of Applicant: County of Orange (Local Government) B. Name of Shelter: InterFaith Community Shelter 1. What is the overnight lodging capacity of the shelter now? 33 Persons 2. For what kind of operating costs are ESGP funds to be used? • Rent? Utilities? Maintenance? x Furnishings? Blankets/Cots? Maintenance Supplies? x Insurance? x Telephone? Appliances? Other? Tenant Supplies (Specify) 3. How long has the shelter been providing assistance to the homeless? (Present Shelter) . , 3 Years 4 Months 4. Is the shelter to be assisted with ESGP funds currently occupied by the subrecipient agency? Yes No 5. Is the shelter a soup kitchen, day shelter, or other non-lodging facility? Yes No _ x 6. How many different persons use the shelter per day, on average? Peak Season: 25 Persons Off Peak Season: 15 Persons 7. Estimate the number of persons who use the shelter or services each day during peak and off-peak seasons of shelter operation. Peak Season Off-Peak Season Lodging: 25 Persons Lodging: 15 Persons Served Meals: 25 Persons Served Meals: - 15 Persons Other Referral Services 25 Persons Other Referral Services 15 Persons. 8. Describe the types and circumstances of the shelter's average clients. Among those requiring emergency services at the Community Shelter are families temporarily homeless, women with children, teenagers who are pregnant or who are having disputes with their families, deinstitutionalized persons, chronic street people, alcoholics, ex-offenders and transients. ESGP #112-1 (Revised 3/88) O84; • Operations Activities Form (Page 2 of 3) 9. Estimate and briefly explain the impact of ESGP Operations funds on the shelter's assistance to the homeless. Please include persons served and level of service provided where possible. Funding provided by the ESGP will enable the shelter to continue to serve the estimated 25 persons per day at present levels. Further, the provision of services will not be totally dependent upon donations. 10. How many months of the year is the shelter now open? 12 Months How many days of the week? 7 Days How many hours per day? 12 Hours 11. If ESGP funds will enable you to increase the time the shelter is open, please explain. The Interfaith Council has set a goal of gradually increasing the present hours of shelter operation to 24 hours per day. Receipt of ESGP funds will enable them to reach this goal by the target date of December 1,-1988. 12. List the sources of funding and resources in .the shelter's present budget and their amounts. Local Government $ 20,000 Volunteer Time 49,400 Federal/State Funds 28,000 In-Kind Contributions Private Contributions 8,000 Institutional Contributions 5,000 Other (Specify Bands Across ) 3,300 TOTAL America $ 93,700 13. What assurances does the shelter have that the resources cited in Question 12 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The InterFaith Council has been in existence for approximately twenty-five years and has continiously provided-service to the low income citizens of this community. Private contributions and donations as well as Vocal government support hasshsteadily increased over the past years 14. Indicstestietsoeeana-ao17,.arsvalnedo -ilaceratlly required matching resources that must be available during the period of ,the grant (approximately May 30- November 25, 1988) . Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Refer to page 3 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds $ 20,00D Staff Salaries 27,000 Volunteer Time 37,960 - Donated Material Donated Buildings 50,000 Other (Specify _) TOTAL • $134,960 ESGP #112-2 (Revised 3/88) 0per�toos Activities Form (Page 3 of 3) 15. Briefly explain how all ESGP funds the shelter receives will be expended within 180 days of the date ESGP funds are made available to the local government. The Interfaith Council is committed to continuing their present operations, therefore, any ESGP funds received will be used in an expeditious manner. 16. Is the shelter organization a primarily religious organization? (See 24 CFR 575.21(b) (2) .) Yes No xx 17. Now will the shelter comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The InterFaith Council who will be the subrecipient of the ESGP Grant is a private, incorporated non-profit organization, approved as a 501 (c) (3) non-profit organization by the Internal Revenue Service on December 14, 1970. 18. What is the street address of the building to be assisted? 100 W. Rosemary Street, Chapel Hill, N.C. 19. How will the shelter meet the federal requirement for publicizing the non-discriminatory operation of the shelter (See 24 CFR 575.59(a)(6))? All shelter activities are presently publicized through all local community and non-profit agencies, the InterFaith Council newsletter, and all local government departments. Additionally, the local news media as well as the Public Television Station at Chapel Hill (WUNC) have been willing to advertise and promote shelter activities for InterFaith Council. These methods will ensure that the entire community is aware of the availability of the Community Shelter services on a non-discriminatory basis. . I - ESGP #112-3 (Revised 3/88) EMERGENCY SHELTER GRANTS PROGRAM 08 4 • LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, County of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 575.51 will be provided. A description of the sources and amounts of such supplemental funds is provided in this application. (b) It possesses legal authority to apply for the grant, and to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant ' approved by NRCD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA) , and other provisions of Federal law, as specified at 24 CFR 58.5, which further the purposes of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilit!es as such an official. (3) Consents to review and comment on all Environmental Impact • Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) . Its ESGP program will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15 NCAC 13P of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 3/88) • 086' (g). It will give NRCD, BUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers or documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearances of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. • Shirley E. Marshall, Chair Orange Co. Board of Commissioners Name and Title of Chief Elected Official Signature Date ESGP #104-2 (Revised 3/88) t. . 086 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag da Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 19, 1988 SUBJECT: HAZEN AND SAWYER ENGINEERING SERVICES PROPOSAL DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S CORRESPONDENCE/PROPOSAL OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve proposal from Hazen and Sawyer, Consulting Engi- neers, to assess the appropriateness of utilizing alternative wastewater treatment methodologies in Orange County. BACKGROUND: At the County Commissioners meeting of March 1, 1988, the board instructed the Manager to seek the services of a consultant to assess the suitability of alternative wastewater treatment facilities in Orange County. Attached for your review is a proposal from Hazen and Sawyer describing this scope of work to accomplish this purpose. Hazen and Sawyer has agreed that the cost of work will not exceed $7, 000 and funds will come from the remaining Senate Bill 2 funds. RECOMMENDATION(S) : That the Board authorize the Chair to sign the agreement with Hazen and Sawyer. APR 131988 H HAZEN AND SAWYER, P.c• 087 CONSULTING ENGINEERS April 13, 1988 Mr. John M. Link, Jr. County Manager County of Orange P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Link: Hazen and Sawyer, P.C. is pleased to offer a proposal to Orange County for Professional Engineering Services relative to alternative wastewater treatment in the County. This letter is intended to outline a suggested scope of service that will address the questions that have been raised by the Commissioners, Planning Board Members and the County staff. Our proposal is based upon the discussions during our meeting and a review of subsequent written information provided to us by Mr. Marvin Collins. We have also discussed the issue with Mr. Everett Billingsley, Executive Director of the Orange Water and Sewer Authority. Alternative wastewater treatment in Orange County can be generally subdivided into three categories; 1) package wastewater treatment plants discharging into a natural water course, 2) land application of treated wastewater, 3) variations of the conventional ground absorption system based on low pressure injection of wastewater into the soil. Each of these systems could have varying degrees of application in Orange County. To assess the appropriateness of each system, we propose to undertake the following tasks: 1. Review and summarize the current status of State regulations dealing with alternative wastewater treatment-technology. 2. Review the operating history of sample projects in - each category. To limit costs, we suggest limiting this task to consideration of no more than four (4) projects in each category, two with a positive history and two with a negative history. Since soil - characteristics can be a significant factor, we will limit our evaluation to projects in similar soil types. We will seek input from the County staff in selecting the sample projects to be considered during this effort. 2024 WEST MAIN STREET P.O.BOX 2875 • DURHAM,NORTH CAROLINA 27705 (919)286-5148 RALEIGH,NC • DURHAM,NC • CHARLOTTE,NC • NEWPORT NEWS,VA - HOLLYWOOD,FL • NEW YORK,NY Mr. John M. Link, Jr. April 13, 1988 Page 2 088 For each selected project, we will tabulate important design criteria, review construction documentation (if available) and review available operational data. Our objective during this task will be to determine why some projects have been successful while others have been unsuccessful. 3 . The results of our investigation will be summarized in a letter/report to the County. This report will include the results of our data collection and analysis as well as suggestions as to the possible policy options available to the County Commissioners. We would be prepared to formally present this report to the Commissioners and respond to any questions they might have. We propose to offer these services at our standard per diem rates in accordance with our statement of standard charges which is attached for your reference. We propose to establish a cost ceiling of $8000. 00 for the work, that will not be exceeded without the prior written consent of the County. If this proposal is acceptable to the County, please sign in the space provided below and return one copy of the Agreement to us. We appreciate the opportunity to be of service to the County. Please advise if you have any questions. Sincerely yours, HAZEN AND SAWYER, P.C. I! A�� r' /././ Donald L. Cordell, P.E. Associate Accepted by Orange County Shirley E. Marshall DATE: Chairman, County Commissioner 089 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. H ACTION AGENDA ITEM ABSTRACT MEETING DATE April 19, 1988 Subject: APPOINTMENTS I Department: BOARD OF COMMISSIONERS 1 I Public Hearing: Yes % no 1 Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced together with the indication of the status of securing candidates for consideration of appointment. A-5 - ECONOMIC DEVELOPMENT COMMISSION - 3 vacancies. Two recommendations have been A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. received. B-1 BOARD OF HEALTH - 1 vacancy. Four resumes are submitted for consideration. B-4 - COUNTY ADVISORY BOARD ON AGING - 1 vacancy. B-6 - HEALTH AND MEDICAL CARE ADVISORY BOARD - 6 vacancies. B-7 - HUMAN SERVICES ADVISORY COMMISSION - 3 vacancies. B-14 .- ARTS COMMISSION - 3 vacancies. B-20 - HUMAN RELATIONS COMMISSION - 1 vacancy. B-25 - CITIZENS ADVISORY GROUP. - 1 recommendation has been received. B-27 - HUMAN SERVICES TRANSPORTATION BOARD - 2 vacancies. C-2 - CARRBORO PLANNING BOARD - 1 vacancy. RECOMMENDATION: As the Board decides. Y I • State of North Carolina ,•��'"�o FOR GHSP USE ONLY • .. -1 3 sf MMEMMEMEMI ASP APPROVED CONTRACT PERIOD From • Governor's Highway Safety Through Program PUBLIC HEALTH INITIATIVES IN OCCUPANT PROTECTION APPLICATION FOR MINI-GRANT AWARD • INFORMATION ABOUT THE APPLICANT Date:�J • MONTH DAY YEAR Nam. of Agency/Organisation -Orange County Health Department Name OMary Protect Director Bobb i t t-Cooke Daniel B. Reimer Tins Health Promotion Coordinator TIl1. Director Signature Signature ./ 1,1.; Mailing Address (�K� • Mailing Address F: O. Box 8181 P. 0. Box 8181 city/sm./zip Phone. City/State/Zip i l l s b or ou•h NC 27 2 7 8 9 9 - Phone a - Hillsborough, NC 27278 919/732-8181 X305 ABSTRACT • Program Title: HEALTH YOURSELF - Seat Belt Program Purpose: To increase seat belt usage in northern Orange County Summary Statement: (200 words or less) The Seat Belt Program conducted in northern Orange County by the Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, in collaboration with the Agricultural Extension Service, 4-H Youth and Adult volunteers, will be targeted at the Orange County employes e and other community members who shop at the local supermarkets. y education, observatigns, positive incentives p Thruugr (rewards the summer: of 1988 s for seat belt users) , the program will increase seat belt usage in northern Orange County. The education/publicity . of payroll stuffers for county employees, advertisementsaatt local sponsoor merchants ' , news releases in local paper and county employee newspaersing bag stuffers at the local supermarkets and worksite. posters at the county employee . II (Please note that you will also be providing a more detailed narrative statement as outlined on page two (2) • MMIW , • NARRATIVE STATEMENT* . I. Problem Identification: (see attached) II. Target Audience: (see attached) III. Goals and Objectives: (see attached) IV. Methods of Technical Approach: (please indicate the Reporting Period (months#1-6 or months#6-12) during which each activity will be conducted) (see attached) V. Expected Results: (see attached) VI. Probable Impact and Modified Behaviors: (see attached) VII. Identification of Community Resources: (see attached) BUDGET REQUESTED (For a more itemized budget, see attached) - ITEM" AMOUNT Applications should be 1.Materials $ 1,023.25 postmarked on or before January 30, 1988 2. Travel 80.00 3 Production Costs 435.00 and sent to: 4.Overhead/Health Department 175.00 Ms. Lisa Keith Seat Belt Coordinator 5. Govenor's Highway Safety Program Total 215 E. Lane Street $ 1 .715 .25 Raleigh, NC 27606 "Applicants will determine the number and kinds of items presented (e.g. materials, personnel,travel) according to the nature of the - - program they plan to undertake. Please limit your budget description to five items. 'Additional information may be attached PROBLEM IDENTIFICATION Northern Orange County, the rural neighbor of Chapel Hill/Carrboro, was not included in the UNC-Highway Safety Research Center ' s seat belt safety program, Seat Belts Pay- Off, conducted in 1984 . Consequently, in January 1987 , at the beginning of the Post-Law/Citation Phase, when Chapel Hill/Carrboro reported driver seat belt usage rates at 80%, rural Northern Orange county was estimated to be at the 75 . 7% level . Since that time, driver usage rates have declined both in the urban area as well as the rural . The UNC-Highway Safety Research Center (HSRC) has estimated Northern Orange driver seat belt usage to be 59 . 3% at present . This low rate of driver seat belt usage in Northern Orange County needs to be raised through an educational/incentive program, similar to the program in Chapel Hill/Carrboro. TARGET AUDIENCE The Seat Belt Program conducted in Northern Orange County (by the Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, in collaboration with the Agricultural Extension Service, 4-H Youth and Adult volunteers) will be targeted at the Orange County employees (421 ) . This number also includes Orange-Person-Chatham Mental Health employees and Occoneechee Regional Library employees located in Hillsborough. Additionally, the seat belt program will extend into the community and will target grocery shoppers at the two local supermarkets. Rationale for target population: 1 . Orange County Government is the largest employer in Northern Orange County. These office parking lots not only serve the employees, but also many Northern Orange county residents using the county services. 2. The program will be held at the two supermarkets located in Hillsborough. This group of shoppers is considered to be representative of Northern Orange residents. GOAL AND OBJECTIVES Goal : To increase seat belt usage rates among residents of Northern Orange County to 80%. Objectives: 1 . By March 30 , 1988, the Orange County Health Department ' s Employee Wellness Program, HEALTH YOURSELF, will establish a collaborative relationship, with the Orange County Agricultural Extension Service, 4-H Program for the purpose of designing and planning the educational/incentive seat belt usage program for the target population. 2. By April 30 , 1988 , the 4-H volunteers will have held a contest for its membership to design the Seat Belt Program 's logo and theme. 3. By May 30 , 1988, the Program Coordinator of HEALTH YOURSELF and the Adult and Youth volunteers of the 4-H will identify sponsors for the educational/incentive seat belt program among Northern Orange County merchants. 4. By May 30 , 1988 , the educational campaign (consisting of payroll stuffers, grocery bag stuffers, announcements in county in-house newsletter, advertisements in local paper, posters, etc. ) will be developed. 5. By June 30, 1988 , the HEALTH YOURSELF coordinator and the 4-H volunteers will be trained by UNC-HSRC to observe seat belt usage and will collect baseline data. 6 . By July 8, 1988, the initial educational campaign for the target population will be implemented. (This will consist of payroll stuffers in County Employee 's July 8th paycheck, advertisement/news releases for July 6 , 13 , and 10 , 1988, News of Orange newspaper, posters in Sponsor 's businesses and at the worksite, and grocery bag stuffers at 500 per supermarket pre week during the campaign. ) 7. On July 11 , 1988, the 4-H volunteers will begin observation of the target population seat belt usage. Users will be provided incentives/rewards/education. Rates will be gathered and compared to baseline data. Observations will occur at different times and days. 8. By August 1 , 1988 , the second educational campaign for the target population will be implemented by the Health Department 's HEALTH YOURSELF program. (This will consist of payroll stuffers in County Employee 's August 5, 1988 paycheck, advertisements and news releases in the August 3 and 10 , 1988 News of Orange. ) 9. By August 30 , the target population will have been observed at least five times for seat belt usage , and users rewarded. Rates will be gathered and compared to baseline data. • 10 . By October 30 , 1988 , the final report of the educational/incentive campaign in Northern Orange County will be filed in the Governor ' s Highway Safety Program office. METHOD OF TECHNICAL APPROACH Start Up Activities March * Establish a collaborative relationship between Orange County Health Department-County Employee Wellness Program, HEALTH YOURSELF, and the Agriculture Extension Service, 4-H program, to design the Seat Belt Program. * Obtain assurances for training necessary to implement and run the Northern Orange Seat Belt Program from the UNC-Highway Safety Research Center. April * Conduct a contest among the 4-H clubs for the Seat Belt Program' s logo and theme. (Winner announced on May 6 . ) * File grant proposal at the Governor 's Highway Safety Program Office. * Identify local merchants in Northern Orange County to sponsor the Seat Belt Program by providing positive incentives for seat belt users. Education and Publicity -Development Activities May (The educational/publicity campaign will be developed by the teenage 4-H volunteers and HEALTH YOURSELF coordinator. ) * Prepare sponsor posters for merchants and incentive coupons for program. * Plan and develop educational/publicity campaign: payroll envelope stuffers, media campaign in county employee newsletter and local newspaper, news - releases, and posters for local merchants, county employee worksite, and community sites. Education, Publicity, and Program Activities June * Training for HEALTH YOURSELF program director and 4-H Adult and Youth volunteers by the UNC-HSRC for correct observation and data collection techniques to be used during campaign by June 24, 1988 . * Collect baseline data at county office parking lots and community sites by adult and youth 4-H volunteers. * Meeting in Hillsborough with Yvette Ruffin, Governor 's Highway Safety Program to review Seat Belt program. July * Begin educational campaign: payroll stuffers put in July 8 , 1988, county employee paycheck. * Posters put at county worksite, sponsoring merchants and community sites by July 8, 1988 . * Educational/publicity advertisements placed in July 6 , 13 , and 20, 1988, issues of News of Orange. * Bag stuffers (educational information) for grocery shoppers placed at the grocery stores. (500 per supermarket per week during campaign. ) * Observation of seat belt usage at county parking lots and selected community sites begins the week of July 11th. Seat belt users given rewards provided by local merchants. Usage rates collected and compared to baseline data. * Acknowledgment of county employees and community members "caught wearing their seat belts" and the rewards won in the news release for July 27 , 1988, News of Orange. * Educational article in County employee newsletter. August * Second phase of educational campaign: New payroll stuffers for August 4, 1988, county employee paycheck. * Observations continue through August 12 , 1988. Usage rates collected and compared to baseline and July observation. * Advertisements/educational news releases put in August 10 and 17 issues of News of Orange. * Acknowledgment to 4-H volunteers held during week of August 15. September * Report of campaign in employee newsletter. * Report of campaign in News of Orange. * Letters of appreciation to local merchants who sponsored the program through incentives. October * Final report filed in the Governor 's Highway Safety Program Office. EXPECTED RESULTS By the educational efforts, publicity, and observation and incentive interventions, it is anticipated that the seat belt usage in Northern Orange County will be observed at least once at 80%. PROBABLE IMPACT AND MODIFIED BEHAVIOR Because the county employee will be reached through payroll stuffers and an in-house newsletter, 100% of this group will be aware of the Seat belt Program carried out through the Summer 1988. The community will be educated through news releases through the local newspaper, posters at local merchants, and bag stuffers at the local supermarkets. It is anticipated that 60% of the community will learn of the Seat Belt Program through these methods. The educational component of the Seat Belt program will conducted over an eight-week period, with the observations scheduled at irregular times and at - different parking lots. The positive rewards for seat belt usage is anticipated to modify the behavior of those county employees and community members who are not regular seat belt users. The probable impact of the program will be seen in the county employee and community member who begins to wear seat belts as a result of this program. These program participants will influence the riders in their automobile as well as other family and community members. COMMUNITY RESOURCES The collaborative relationship between Orange County 4-H volunteers and the Orange County Health Department 's County Employee program, HEALTH YOURSELF, is a unique utilization of community resources. An important component of the Seat Belt Program in Northern Orange County is the sponsorship by local merchants. These merchants will provide incentives/rewards for the seat belt user. Additionally, they will be identified as a sponsor through a poster in the business establishment . • The Orange County Passenger Safety Assn. has offered its membership as a link to the community to assist in the educational/publicity efforts of the Seat Belt Program. The Assn. 's president, Ann Woodward, has offered consultation for the grant writing process. • BUDGET Materials Payroll stuffers/printing $ 42.40 Posters for merchants and worksite 85 . 00 Coupons for incentives/printing 75 . 60 Grocery bag stuffers 125 . 00 Software to produce educational material and publicity: Logitech Publishing Mouse 160 . 00 Observation Material 235 .25 Commodity Items 300 . 00 Travel 10 roundtrips to Chapel Hill 60 . 00 2 roundtrips to Raleigh 20 . 00 Production Costs ( layout design for News of Orange) (3 issues, $145 @ for each 1 /4 page advertisements) 435 . 00 Overhead Expenses at Health Department 175. 00 Telephone Postage clerical duplication, etc. TOTAL $1715 .25 • Form GHSP-D-03 PART V (A) ACCEPTANCE OF CONDITIONS EQUAL OPPORTUNITY ASSURANCE WITH REGARD TO THE HIGHWAY SAFETY PROGRAMS Pursuant to the requirements to Section 22(a) of the Federal-Aid Highway Act of 1966 and subse- quent amendments, the applicant agency, as a condition to receiving approval of this application submitted under the Federal Aid Highway Safety Program,hereby gives its assurance that employment in connection with the subject Highway Safety Program project will be provided without regard to race, color, sex, creed, or national origin. The applicant agency further agrees that, as a condition to receiving any Federal financial assist- ance from the U. S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,42 U. S. C. 200-d-42 U. S. C. 200d-4(hereinafter referred to as the Act), 23 U. S. C. 324 and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U. S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of Federally-Assisted Programs of the Department of Transportation. Effectuation of Title VI of the Civil Rights Act of 1964(hereinafter referred to as the Regulations)and other pertinent directives to the end that in accordance with the Act, Regulations, and other pertinent direcives, no person in the United States shall, on the grounds of race, color, sex, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity which the applicant agency receives Federal financial assistance from the U.S.Department of Transpoor- tation, including the National Highway Traffic Safety Administration and the Federal Highway Administration. More specifically and without limiting the above general assurance, the applicant agency hereby gives the following specific assurances with respect to its highway safety project. Applicant agency shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Highway Safety Projects: " Orange County Health Departmengn accordance with Title VI of the Civil Rights Act of 1964, hereby ratifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, or national origin in consideration for an award." In addition,the applicant agency agrees that if it fails or refuses to comply with these assurances,the Administrations may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the applicant agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the applicant agency; (c) Refer the case to the Department of Justice for appropriate legal proceedings. Also, the applicant agency either: (1) certifies that there is at this time no litigation involving Civil Rights pending against the agency or, (2) agrees to submit with this application the identification of any case(s) now pending. The applicant agency further agrees to notify the Governor's Highway Safety Program of disposi- tion of any case(s)identified in(2)above and of the filing of any additional cases during the contract period of this project. __ During the performance of this contract,the applicant agency,for itself, its assignees and succes- sors in interest(hereinafter referred to as the "agency") agrees as follows: Form GHSP-O-03 PART V (A) (continued) ACCEPTANCE OF CONDITIONS • (I) Compliance with Regulations: The agency shall comply with the Regulations relative to non- discrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The agency with regard to the work performed by it during the contract, shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment.The agency shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regula- tions, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitation for Subcontracts,Including Procurements of Materials and Equipment: In all solici- tations either by competitive bidding or negotiation made by the applicant agency for work to be performed under a subcontract, including procurements or materials or leases of equipment, each potential subcontractor or supplier shall be notified by the agency of the agency's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. (4) Information and Reports: The agency shall provide all information and reports required by the regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State or the National Highway Traffic Safety Administration or the Federal Highway Administration, as appro- priate, to be pertinent to ascertain compliance with such regulations, orders and instructions. Fur- thermore, the agency shall maintain such materials during the contract period, and for three(3)years from the date of final payment from the department,for such inspection and audit.Where any informa- tion required of an agency is in the exclusive possession of another who fails or refuses to furnish this information the agency shall so certify to the State or the Administrations as appropriate,and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the agency's noncompliance with the nondis- crimination provisions of this contract, the State shall impose such contract sanctions as it or the Administrations may determine to be appropriate, including, but not limited to: (a) withholding of payments of the agency under the contract until the agency complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The agency shall include the provisions of paragraphs(1)through (6)in every subcontract,including procurements or materials and leases of equipment, unless exempt by the regulations, or directives issued pursuant thereto. The agency shall take such action with respect to any subcontract or procurement as the State or the Administrations may direct as a means of enforcing such provisions including sanctions for noncompliance;provided, however, that, in the event an agency becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the agency may request the State to enter into such litigation to protect the interests of the State, and, in addition, the agency may request the United States to enter into such litigation to protect the interests of the United States. (7) Acceptance of Conditions by State and Local Governments: Applicants shall adhere to the standards established by Office of Management and Budget(OMB)Circular A-102 dated August 24, 1977 and additions or amendments thereto, for Uniform Administrative Requirements for Grants-in- Aid to State and Local Governments; and OMB Circular A-87 for principles for determining costs applicable to grants and contracts with State and Local Governments. Form GHSP-D-03 PART V (A) (continued) ACCEPTANCE OF CONDITIONS • (8) Annual Audits: In accordance with OMB Circular A-128,dated April 12, 1985,the applicant receiving$100,000 or more of direct and indirect Federal financial assistance from all sources shall arrange for independent financial and compliance audits.Such audits,unless exempt by law,shall be made annually and a copy provided to the department within thirty (30) days of completion of the audit, but not later than one(1)year after and of the audit period. (9) Acceptance of Conditions by Institutions of Higher Education,Hospitals,and other Non-Profit Organizations: Applicants shall adhere to the standards established by Office of Management and Budget (OMB) Circular A-110 and additions or amendments thereto, for Uniform Administrative Requirements for grants and agreements with institutions of higher education, hospitals, and other nonprofit organizations; and OMB Circular A-21 for principlesifor determining coats applicable to research and development under grants and contracts with educational institutions. • (10) Prohibited Interests: No member, officer, or employee of the department or of a local public body or of the agency during his or her tenure, or for at least one (1) year thereafter, shall have any interest, direct or indirect, in this agreement or the proceeds thereof or therefrom. (11) Department Held Harmless: The agency shall be responsible for and save harmless the department,its officers,employees,agents,or servants from all claims and liability due to its negligent acts, if any, or the negligent acts;if any, of its subcontractors, agents, or employees in connection with their services under this agreement. (12) Resolution of Disputes: Any dispute concerning a question of fact in connection with the work not disposed of by agreement by and between the agency and the department, or otherwise arising between the parties to this agreement,shall be referred to the Secretary of the North Carolina Depart- ment of Transportation and the authorized official of the agency for a negotiated settlement. In any dispute concerning a question of fact in connection with the project where such negotiated settlement cannot be resolved in a timely fashion,the final decision regarding such dispute shall be made by the Secretary of the Department, with the concurrence of the Federal funding agency, and shall be final and conclusive for all parties. (13) Termination of Agreement: • (a) The Department In the event of agency noncompliance with any of the provisions of this agreement,the department may terminate this agreement by giving the agency thirty(30) days advance notice.The department, before issuing-notice of termination of this agree- ment,shall allow the agency a reasonable opportunity to correct for noncompliance.For noncompliance with the nondiscrimination section of this agreement or with any of the said rules, regulations or orders, this agreement may be cancelled, terminated, or sus- pended in whole or in part. (b) The Agency.. The agency may terminate its participation in the PWP by notifying and receiving the concurrence of the department thirty(30)days in advance of the termination. (14) Contracts Under This Agreement Unless otherwise authorized in writing by the department, the agency shall not assign any portion of the work to be performed under this agreement, or execute any agreement, amendment or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this agreement without the prior written concurrence of the department. Any subcontract under this agreement must include all required and/or applicable clauses and provisions of this agreement. (15) Cost'of the Project; It is understood and agreed that the work conducted pursuant to this agreement shall be done on an acutal cost basis by the agency.The amount of reimbursement from the department shall not exceed the estimated funds budgeted in the approved application. The agency shall initiate and prosecute to completion all actions necessary to enable the agency to provide its share of the project costs at or prior to the conclusion of the project. PART V (A) (continued A Form GHSP-D-( ACCEPTANCE OF CONDITIONS (16) Payment Progress payments, based upon actual allowable costs for not less or more than three(3)months may be made upon receipt of an itemized invoice from the agency on forms furnished by the department. The itemized invoice shall be supported sa than one (1) costs as prescribed by the department, unless the agency pp rted by documentation of prescribed in OMB Circular A-128.The itemized invoice shall be approved ed by the Single Governor's Act as Safety Program and the department's fiscal section prior to payment.Any rejected r unaccepted shall be borne by the agency.The agency agrees that in the event the de p d costs Federal or State rules and regulations that grant funds must be refunded,the department determines due to department a sum of money equal to the amount of Federal and State participation in the rejected costs. (17) Disadvantaged Huaineas Enterprise Re costs. requirements as specified below: Requirement:: The agency shall abide by 49 CFR Part 23 (a) It is the policy of the USDOT and the department that Disadvantaged(includin g mi nority) Business Enterprises(DBE)and Women's Business Enterprises(WEE)as defined in 49 CFR 23, shall have the maximum opportunity to participate in the performance of the project financed in whole or in part with Federal funds under this agreement. Consequently, the DBE and WEE requirements of 49 CFR 23 apply to this agreement. (b) The agency, as recipient of funds under the terms of this agreement, agrees to ensure that DBEs and WEEs,as defined in 49 CFR 23, have the maximum o the performance of contracts and subcontracts financed in whole or in partpwith Federal funds under this agreement.In this regard, the agency shall take all necessary and reason- able steps in accordance with 49 CFR 23 to ensure that DBEs and WBEs have the maximum opportunity to compete for and perform contracts and.shall not discriminate on the basis of race,color,sex,or national origin,in the performance of this agreement or other USDOT or department assisted contracts or subcontracts.To the maximum feasible extent, shall engage in outreach efforts,both formally and informally,designed to locate,develop, and certify, as appropriate, the greatest possible number of DBE and WEE firms, including but not necessarily limited to the maintenance, development, and dissemination, as appropriate, of a Directory of DBE and WBE Firms certified by the agency. (c) The department has submitted to the USDOT its own DBE and WBE Program.Any recipient of funds under the terms of this agreement,including the agency and any of its subcontra • tors, agree to either comply with the department DBE and WBE Program, or to re c submit for approval its own DBE and WBE Program meeting all the requirements st of 49 CFR 23, prior to the performance of any work under this agreement. (d) Failure of the agency,as recipient of funds under the terms of this agreement,or failure of its subcontractors (U a subcontractor is authorized) to carry out the DBE and WBE re quire- ments of this agreement shall be a breach of agreement,and may result in termination of the agreement by the department, or such other remedial actions as may be required by the department as it deems appropriate.The agency shall advise each subrecipient,contractor, or subcontractor that failure to carry out the requirements set forth in 23.43(a)shall consti- tute a breach of agreement that after the notification of the department may result in termination of the agreement or subcontract by the agency or such remedy as the agency deems appropriate. • • AMEMMIIMII Form GHSP-D-03 PART V(B) ACCEPTANCE OF CONDITIONS This application is approved for fiscal year highway safety project is granted subject to the State and Federal Ws and regulations to proceed with this the North Carolina Governor's Highway Safety Program and the conditions tated ono wpplicable to 1. Unless otherwise directed, applicants must submit below. which reflect the status of project implementation and attainment f stated goals.Each • report shall describe the project status quarterly and shall be Quarterly �� Reports to the GHSP fifteen(15)days subsequent to the termination of each quarter.A Final Accomplishment progress e submitted to GHSP no later than (Form GHSP-D-10)must be submitted to the GHSP within thirty letion of he project unless otherwise directed. Appropriate forms will be mailed to Prof ct Diireectoralo g with a reminder notice advising date that each is due. along 2. Applicants making purchases or entering as provided for by this project must adhere to the policies and procedures of Attachment 0 of OMB Circular A-1 whichever is applicable. A-102 or A-110, 3. All Out-of-State travel must have prior approval of the Governor's Highway Safety P Requests for approval (Form GHSP-A-17) should be submitted to GHSP at least two 2 before the intended date of travel. y rogram. _ ( ) weeks 4. Applicants must submit any proposed agreements for contractual services to the Gove rnor's Highway Safety Program for final approval prior to acceptance. 5. Applicants shall account for program income related to projects financed in whole or i n part with federal funds in accordance with Attachment E of OMB Circular A-102 or Attachment D o OMB Circular A-110, whichever is applicable. Program income earned during the c period shall be retained by the applicant and added to the,funds committed to the project of GHSP and be used to further eligible program objectives. p sect by the contract 6. Local government applicants must complete Attachment 1 entitled "Local Resolution". Governmental 7. Any continuation of this project with funds from the State of North Carolina is contingent upon State funds being appropriated by the General Assembly specifically for that purpose. r PROJECT DIRECTOR Read the above"Conditions"before st.nin• NAME__ TITLE Mary Bobbi tt-Cooke ADDRESS Health PrgFnotion Coordin_tor P.O.Box 81$1,Fiillsborou2h SIGNATURE - 2 7 2 7$C ��=1.. TELEPHONE NUMBER 1V AUTHOR! ING OFFICIAL OF GOVERNMENTAL UNIT Read the above"Conditions"before si••nin 181 1~xt'305 NAME TITLE Daniel $. Reimer Di ADDRESS rector, Health Dept. P.0.Box 8181, Hillsborough, NC 27278 SIGNATURE alr Q lir !� TELEPHONE NUMBER 7 OFFICIA OF GOVERN,ENTA NIT AUTHORIZED TO RECEIVE FUNDS UNDER THIS PROJECT Ext 305 Pr Iiiirlitt/ ■ t/ , , TITLE ADDRESS / Chairman P.O. Box 8181 ; Hillsborough, NC 27278 ORGANIZATION APPROVAL INFORMATION FOR GHSP USE ONLY Orange Co. Board of Commissioners APPROVAL DATE IMIIIIIIIIIIITIIMIIIIIIIIII r PART V(8) Form GHSP-D-03 ti ACCEPTANCE OF CONDITIONS This application highway safety y pron is approved for fiscal year� and authorization to proceed with this project is granted subject to the State and Federal laws and regulations applicable to the North Carolina Governor's Highway Safety Program and the conditions stated below. 1. Unless otherwise directed, applicants must submit Quarterly Progress Reports to the GHSP which reflect the status of project implementation and attainment of stated goals.Each progress report shall describe the project status quarterly and shall be submitted to GHSP no later than fifteen(1 5)days subsequent to the termination of each quarter.A Final Accomplishment Report (Form GHSP-D-10)must be submitted to the GHSP within thirty project unless otherwise directed. A (30)days of completion of the with a reminder notice advising date that each is due.will be mailed to Project Director along 2. Applicants making purchases or entering into contracts as provided for by this project must adhere to the policies and procedures of Attachment 0 of OMB Circular A-102 or A-110, whichever is applicable. 3. All Out-of-State travel must have rior Requests for a p approval of the Governor's Highway Safety Program. pproval (Form GHSP-A-17) should be submitted to GHSP at least two (2) weeks 4. Applicants must submit any proposed agreements for contractual services to the Governor's Highway Safety Program for final approval prior to acceptance. 5. Applicants shall account for program income related to projects with federal funds in accordance with Attachment E of OMB Circular A nanced in-102 or Attachment D of OMB Circular A-110, whichever is applicable. Program income earned during period shall be retained by the applicant and added the contract dad to t he.fun GHSP ds co and be used to further eligible program objectives. committed to the project by the 6. Local government applicants must complete Attachment 1 entitled "Local Governmental Resolution". • 7. Any continuation of this project with funds from the State of North Carolina is contingent upon f State funds being appropriated by the General Assembly specifically for that purpose. PROJECT DIRECTOR Read the above"Conditions"before si•nin• NAME TITLE ADDRESS Mary Babbitt-Cooke /IGE Health Promotion Coordin:tor 27278 P.o.BoX 8181 Hillsb. .u• NC TELEPHONE NUMBER AUTHO-!ZING OFFICIAL OF GOVERNMENTAL UNIT Read the above"Conditions 919 Ext 305 before al•nin, NAME TITLE Daniel B. Reimer ADDRESS SIGNATURE D i A C t• _ i g Al , :•. i i TELEPHONE NUMBER BER OFFICIAL OF GOVERNMENTAL UNIT AUTHORIZED TO RECEIVE FUNDS UNDER THIS PROJECT t II I NAME ADDRESS ORGANIZATION APPROVAL INFORMATION FOR GHSP USE ONLY APPROVAL DATE NliaIIIIIIIIITIIIIIIIIII LEAGUE OF WOMEN VOTERS OF CHAPEL HILL/CARRBORO,NC STATEMENT FOR PUBLIC HEARING BEFORE THE BOARD OF COUNTY COMMISSIONERS ON THE MASTER PARK PLAN, April 19, 1988 The League of Women Voters of Chapel Hill/Carrboro commends the Board of County Commissioners for their support of long-range planning for parks and recreation facilities in Orange County. Orange County has been very fortunate to have residents who were good stewards of the land. However, with changing patterns in agriculture, this loyal stewardship will , in some areas, slip out of local hands. In view of the rapid development brought about by the growth of the Research Triangle Park and stimulated further by the extension of I-40 through Orange County, it is crucial for the future of this area that resource management decisions be addressed now. These decisions should include identification and regulation of areas impacted by expected public and private investment and acquisition of land for public use, through donation or purchase. The League believes that the County Commissioners are promoting public under- standing and participation in this planning effort. Citizens were given the opportunity to express their views and desires at township meetings. Citizen's input continues to be encouraged at public hearings such as tonight's. The League of Women Voters of Chapel Hill/Carrboro supports the goal set forth in the Master Park Plan: "To provide the citizens, elected officials and staff of Orange County a 20 year course of action that adequately addresses the needs of all citizens within the community regardless of age, sex, race, handicap or income, and provides economically attainable timetable for acquiring, developing and administering recreation and park resources, programs and facilities acequately." The League therefore urges the County Commissioners to adopt the Master Park Plan. Virginia Cunningham President NATIONAL NURSES ' DAY 1988 Whereas, Registered Nurses are knowledgeable health care professionals who are leaders in the management and delivery of health care services, and Whereas, Registered Nurses are striving to meet the challenges of an ever-evolving health care system while con- tinuing to provide safe, dependable, conscientious care for each of us at affordable rates, and Whereas, The demand for nursing services is escalating in light of changes in the financing of health care services, the settings where services are delivered and the health care needs of the population, and Whereas, The supply of nurses is not keeping demand and there is an urgent eed note only the to recruit well-qualified candidates into the profession but to retain nurses in the workplace, and Whereas, The American Nurses' Association and the North Carolina Nurses' Association have declared May 6 as NATIONAL NURSES ' DAY 1988 with the theme "Proud to Care" to increase public awareness of the contribu- tions of nurses and the value of nursing as a career choice, therefore be it Resolved, That we, the Orange County Board of Commissioners urge all citizens of this state/community to join us in celebration and recognition of the contributions of registered nurses in the delivery of alit affordable health care for the nation's citizens. y, PROCLAMATION RECYCLING DAY WHEREAS, Orange County is rapidly exhausting the present landfill for disposal of our wastes; and WHEREAS, Recycling of our solid waste can save valuable landfill space as well as energy and natural resources; and WHEREAS, The proceeds from the sale of recyclable newspaper, glass and aluminum to be collected on April 23 will benefit various community organizations; THEREFORE, The Orange County Board of Commissioners now proclaims Saturday April 23 as R(ecycling) Day in Orange County and urge the citizens to recycle their newspapers, aluminum cans and glass bottles to save landfill space, and, on April 23, to support community organi- zations in Orange County. APR 131988 HAZEN AND SAWYER, P.c. CONSULTING ENGINEERS April 13, 1988 Mr. John M. Link, Jr. County Manager County of Orange P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Link: Hazen and Sawyer, P.C. is pleased to offer a proposal to Orange County for Professional Engineering Services relative to alternative wastewater treatment in the County. This letter is intended to outline a suggested scope of service that will address the questions that have been raised by the Commissioners, Planning Board Members and the County staff. Our proposal is based upon the discussions during our meeting and a review of subsequent written information provided to us by Mr. Marvin Collins. We have also discussed the issue with Mr. Everett Billingsley, Executive Director of the Orange Water and Sewer Authority. Alternative wastewater treatment in Orange County can be generally subdivided into three categories; 1) package wastewater treatment plants discharging into a natural water course, 2) land application of treated wastewater, 3) variations of the conventional ground absorption system based on low pressure injection of wastewater into the soil. Each of these systems could have varying degrees of application in Orange County. To assess the appropriateness of each system, we propose to undertake the following tasks: 1. Review and summarize the current status of State regulations dealing with alternative wastewater treatment technology. 2. Review the operating history of sample projects in each category. To limit costs, we suggest limiting this task to consideration of no more than four (4) projects in each category, two with a positive history and two with a negative history. Since soil characteristics can be a significant factor, we will limit our evaluation to projects in similar soil types. We will seek input from the County staff in selecting the sample projects to be considered during this effort. 2024 WEST MAIN STREET P.O.BOX 2875 DURHAM,NORTH CAROLINA 27705 (919)286-5148 RALEIGH,NC - DURHAM,NC - CHARLOTTE,NC NEWPORT NEWS,VA HOLLYWOOD,FL • NEW YORK,NY W Mr. John M. Link, Jr. April 13, 1988 Page 2 For each selected project, we will tabulate important design criteria, review construction documentation (if available) and review available operational data. Our objective during this task will be to determine why some projects have been successful while others have been unsuccessful. 3. The results of our investigation will be summarized in a letter/report to the County. This report will include the results of our data collection and analysis as well as suggestions as to the -possible policy options available to the County Commissioners. We would be prepared to formally present this report to the Commissioners and respond to any questions they might have. We propose to offer these services at our standard per diem rates in accordance with our statement of standard charges tt .ceet--eei-1-41141—erf-48-see .94 which is attached for your reference. We propose to establish a without the for the work, that will not be exceeded proposal is acceptable tto the County,the County.sign in this provided below and return one copy o the eige in the . We appreciate the opportunity PY of the Agreement to us. We pportunity to be of service to the County. 400 0 Please advise if you have any questions. Sincerely yours, HAZEN AND SAWYER, P.C. 147404471(e' Donald L. Cordell, Accepted by Orange County _11:44/.4,44L2 ' Alk46-1-e--- irley, - arsha 1 DATE: Chairman, s .unty Commissioner ORANGE COUNTY COMMISSIONERS 106 EasT MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT April 19, 1988 Robert Chandler, Director Division of Community Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, N.C. 27611-7687 Dear er: Orange County is pleased to submit a 1988 Emergency Shelter Grant Application for review and consideration by your staff_ This County has always been aware of the acute problem facing our ever-growing homeless population and appreciate the availability of these funds to assist in meeting these needs. Should you, have _questions regarding this , application, do not hesitate to call;:Tara= L. Fikes, -Sousing Services Director at (919) 732-8181 Extension 425 : r - _ Sincerely ._ - Shirley - Marshall �:. Chair SEW o •�-_� EMERGENCY SHELTER GRANTS PROGRAM APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: P.O. Box 8181, Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Pikes Address: P.O. Box 8181, Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. SHELTER (SUERECIPIENT) a. Name of shelter: Inter-Faith Council for Social Services, Inc. b. Address: 207 Wilson Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran, Community Services Consultant Telephone: (919) 929-6380 3. ADMINISTERING AGENCY N/A a. Name of administratering agency: b. Contact person and phone number: 4. GRANT REQUEST Operations funds requested $ 5000 5. If the local government certifications are to be submitted at a later date than the application due date, please indicate that date: N/A 6. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official of local government applicant: Shirley E. Marshall, Chair Orange County Hoard of Commissioners b. Signature Date April 19, 1988 ESGP #101 (Revised 3/88) _ i EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of Applicant County of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. The homeless persons of this amity need many transitional housing resources to enable them to find employment, seek appropriate counseling if necessary and accumulate enough money for moving-in expenses. The Inter Faith Council anticipates these needs remaining the same in the future, therefore, a larger facility which houses various social services providers would be desirable. 2. What is the approximate number of homeless persons in your community/service area? According to the report of the Chapel Hill Task Force on the Homeless, there are as many as 50 homeless persons in Orange County at any given time need- ing emergency shelter. There are also several additional persons who live in automobiles, abandoned houses or any place they are undisturbed. In 1987, Inter-Faith served approximately 150-160 homeless persons. 3. Please define the community/service area used in answering question 2 above. The commuity service area referenced above is Orange County inclusive of all incorporated towns. 4. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? The Inter-Faith Council provides the only overnight shelter for homeless persons in Orange County. However, many other agencies provide temporary assistance to persons needing clothing, -money and short-term assistance. These agencies include Orange Congregations in Mission. JOCCA and the local Department of Social Services. Many other churches and small community service groin also provide meals at various holidays during the year. ESGP #102 (Revised 3/88) EMERGENCY SHELTER GRANTS PROGRAM OPERATIONS ACTIVITIES FORM A separate form should be filled out for each subrecipient. Directions for filling out this form are found on pages 7 and 8 of the guidelines. A. Name of Applicant: county of Orate (Local Government) B. Name of Shelter: r_$i h Cosimm ty Shelter 1. What is the overnight lodging capacity of the shelter now? 33 Persons 2. For what kind of operating costs are ESGP funds to be used? Rent? Utilities? Maintenance? g_ Furnishings? Blankets/Cots? Maintenance Supplies? x Insurance? -A— Telephone? Appliances? Other? Tenant Suc1ies _(Specify) 3. How long has the shelter been providing assistance to the homeless? (Present Shelter) 3 Years 4 Months 4. Is the shelter to be assisted with ESGP funds currently occupied by the subrecipient agency? Yeses No 5. Is the shelter a soup kitchen, day shelter, or other non-lodging facility? Yes Nom 6. How many different persons use the shelter per day, on average? Peak Season: 25 Persons Off-Peak Season: 15 Persons 7. Estimate the number of persons who use the shelter or services each day during peak and off-peak seasons of shelter operation. Peak Season Off-Peak Season Lodging: 25 Persons Lodging: 15 Persons Served Meals: 25 Persons Served Meals: 15 Persons Other Rpthrra7 s — cey 25 Persons Other Referral Seryi 15 Persons 8. Describe the types and circumstances of the shelter's average clients. Among those requiring urgency services at the Caiuity Shelter are families temporarily homeless. Women with children/ teenagers who are pregnant or who are having disputes with their families/ dei.nstutionaliz- ed pens, chronic street people. alcoholics, eu-offerers and transients. ESGP #112-1 (Revised 3/88) Operations Activities Form (Page 2 of 3) 9. Estimate and briefly explain the impact of ESGP Operations funds on the shelter's assistance to the homeless. Please include persons served and level of service provided where possible. Funding provided by the ESOP will enable the shelter to continue to serve the estimated 25 persons per day at present levels. Further, the provision of services will not be totally dependent upon donations. 10. How many months of the year is the shelter now open? 12 Months How many days of the week? 7 Days How many hours per day? 12 Hours 11. If ESGP funds will enable you to increase the time the shelter is open, please explain. The Inter-Faith Council has set a goal of gradually increasing the . .. present hours of shelter operation to 24 hours per day. Receipt of FSGP funds will enable them to reach this goal by the target date try od December 1, 1988. 12. List the sources of funding and resources in the shelter's present budget and their amounts. Local Government $ ______ __•___ Volunteer Time 49.400 Federal/State Funds 28,000 In-Kind Contributions Private Contributions 8,0d0 Institutional Contributions __UM__ Other (Specify Rand ArrnaR ) 3/390 TOTAL America $ 113.700 13. What assurances does the shelter have that the resources cited in Question 12 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Inter-Faith Council has been in existence for approximately twenty-five years and has continiously provided service to the low income citizens of this community. Private contributions and donations as well as local governmentA support has steadily increased over the past years and it is anticipated that this trend will continue. 14. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant (approximately May 30- November 25, 1988). Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Refer to page 3 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds $ 20,000 Staff Salaries 77.O0Q Volunteer Time 37,960 Donated Material Donated Buildings Other (Specify ) TOTAL $ 134,960 ESGP #112-2 (Revised 3/88) Operations Activities Form (Page 3 of 3) 15. Briefly explain haw all ESGP funds the shelter receives will be expended within 180 days of the date ESGP funds are made available to the local government. The Inter-Faith Council is:committed to continuing their prat operations, therefore, any ESGP funds received will be used in an expeditous manner. 16. Is the shelter organization a primarily religious organization? (See 24 CFR 575.21(b) (2) .) Yes No xx 17. How will the shelter comply with the federal restrictions on the use of funds by primarily religious organizations? ESGP The Inter-Faith Council who will be the subrecipient of the ESGP a private, incorporated non-profit organization. Grant) is (3) non-profit organization by the Internal Revenue an 14, 1970. 18. What is the street address of the building to be assisted? 100 W. Rosemary Street, Chapel Hill, N.C. 19. How will the shelter meet the federal requirement for publicizing the non-discriminatory operation of the shelter (See 24 CFR 575.59(a)(6))? All shelter activities are presently publicized and non-profit agencies, the Inter-Faith Council�e newsletter, all local government departments. Additionally, the local news media as well as the Public Television Station at Chapel Hill (W NC) have been willing to advertise and promote shelter activities for Inter Faith Council. Theee methods will ensure that the entire community is aware of the availability of the Community Shelter services on a non-discriminatory Y Cozy basis. ESGP #112-3 (Revised 3/88) EMERGENCY SHELTER GRANTS PROGRAM LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, County of Orange (Name of Local Government)' certifies that: (a) The matching supplemental funds required by the regulations at 24 CFR 575.51 will be provided. A description of the sources and amounts of such supplemental funds is provided in this application. (b) It possesses legal authority to apply for the grant, and to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant approved by NRCD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Fnvironmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 CFR 58.5, which further the purposes of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilit!es as such an official. (3) Consents to review and comment on all Environmental Impact Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) Its ESGP program will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15 NCAC 13P of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 3/88) (g) It will give NRCD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers or documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearances of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. Shirley E. Marshall, Chair Orange Co. Board of Commissioners Name and Title of Chief Elected Official >11444-e-e Signatur April 19, 1988 Date ESGP #104-2 (Revised 3/88) _ _ _ _ _ RECREATION __._ . _ _ _ _ _ . _ _ _ _ _ _ _ _ , _ _ _ _. . _ _, _ , _ _ __._ _ ,., , __ _ _ 4 4 ■ Atoll444 ._ Itiff I sirir ' _ al111$# e,r, Milk _ - _ - : . _.-01981"Life 8e nIt Corm _ _ _ - �, - - - tu .. ._ �-�:� 2727;$ _ - _ _ - � .� ��� �..�� ���1 . 9�-4501 `` "°--: 22 203 T 4.6 7331 : - - FACILITY TELEPHONE FACILITY I111iAf 1111E DiRE1C Tryon- _ Adrnuustrativ Offices-and -... 7x32-936 Hills borough Admirirs a NE �11E4 -...- �orough 2727 Cen ou S spat=' _ 32 18T Hill trative Offices 3at>r_W-". .. 'Central H .. Cen Center 3fi6'1fll. Center- 9 sbrough • Recreation.-. .._... ::. _ ___. ... - - - _. - _.. 68�1.5D1 Chapel Hill ...-_, ryo��tceet.- Recreation - 688-73311]urha -Durham 227 2�3=.8urkingto Burlington Una Carter.5prrt�/weekeridsi. 7 Rdorthem',:Fiecreation:Center f1 32-8364-Hillsborough' - 9h".2 -- . - - 867-9.255 - -- -...W...- estern.District t OfFi ce. - ry c% Efa_rd-C.f beaks- a-e n.ad.1., 2..7 25 n -hem �ecreationCenter -6147 Cedarr Grov e-_ - . ._ $s ©istnct Office _ 6G3- 11 E a�, - - _ - - -rs:the name given to-an intensive*emotional.. t' �'al tarn- , . -.. -.. _..,life_Be 8e 1n Ft, _. �to generate ..-. - _ P 9 by the Ilia Iona ar n: l fiet:reation and park.Associate - .. P ublic awareness of the values.of recreation-activity.A major focus • tt . - - - - fthe ca . .rs.fv get fleep1e to place such activity higt erg the p - - norrties of.day life.: - - - "Life.-Be In It.` is a`.p�ilosophy towardslife which says don' -- _ 9 on't march!._ turn et more 9 out��'tt diet-rather Put svm�thir�g3nto Life and in ly. - stagnate, - _ [Noy� e department sup and endorses this concept-through-its proTgrrns;and activities,-ands - . of"Life" by - - and Parks.De artrtient today." visiting _ urges gel - taste ' icing your_local Recr�e8tion. p . � 4 Ora W.-Tryon Recreation-end-Parts - -.- - -.. °, y orange bey Tryon Street orou 27 w April 11 , 1988 Shirley Marshall , Chair Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, N.C. 27278 Dear Chairman Marshall : In accordance with the recommendations submitted to the Orange County Board of Commissioners b Income Housing Task Force, we by the Low and Moderate Habitat for Humanity of Orange fully support the aims of ar the range County in their application change in the Land Use Chestnut oaks Subdivision in the Bin Classification for the Classification Township. A change in the land use buffer to rural residential will classification from rural subdivision from one allow the rezoning of the subdivision per two acres to one unit square feet . This would allow Habitat to include pan additional seven units to the existdivision thereby allowing more affordable homes lto beuc plan, constructed As we have stated in our report is definitely stated urgency to the Commissioners Cheney residents for gency of need among some of our chance esi decent affordable housing. This is a the County to respond to this positive way by aiding Habitat for need in a very their already proven potential Humanity in maximizing housing, for providing this type of Sincerely, Lightning A. : own Task Force - air LAB/ cc: Board of County Commissioners Habitat for Humanity 1 APPROVED MAY 2 , 1988. MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING APRIL 19, 1988 The Orange County Board of Commissioners met in regular session on Tuesday, April 19, 1988 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: County Manager John M. Link, Jr. , Assistant County Managers William T. Laws and Albert Kittrell, Planner Gene Bell, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Director of Housing and Community Development Tara Fikes, Finance Director Ellen Liston, and Tax Assessor Kermit Lloyd. A. BOARD AND MANAGERS COMMENTS Chair Marshall added to the agenda two proclamations under that category. County Manager John M. Link added to the agenda as G8 a discussion on the proposed agreement between OWASA and Chatham County. He deleted from the Consent Agenda Fl - Board of Elections Tabulators and F5 Health Yourself Policy Statement. B. PUBLIC COMMENTS 1. MATTERS ON THE PRINTED AGENDA None 2 . MATTERS NOT ON THE PRINTED AGENDA None C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the March 15, 1988 minutes as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for April 4, 1988 as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley E. Marshall read the public charge. PUBLIC HEARING **MASTER RECREATION AND PARKS PLAN Recreation and Parks Director Mary Anne Black made the presentation. She stated that the Board of Commissioners voted on March 15 to delete the greenways element of the Plan. The other three elements are being presented at this time for public comments. She presented a slide presentation which gave an overview of the process that was followed in developing the Plan. She used two maps to explain the differences between district parks and M • 2 community parks. THE PUBLIC HEARING WAS OPEN FOR PUBLIC COMMENTS Chair Shirley E. Marshall read a statement from the League of Women Voters. This statement is made a part of these minutes and is printed below: "The League of Women Voters of Chapel Hill/Carrboro commends the Board of County Commissioners for their support of long-range planning for parks and recreation facilities in Orange County. Orange County has been very fortunate to have residents who were good stewards of the land. However, with changing patterns in agriculture, this loyal stewardship will, in some areas, slip out of local hands. In view of the rapid development brought about by the growth of the Research Triangle Park and stimulated further by the extension of 1-40 through Orange County, it is crucial for the future of this area that resource management decisions be addressed now. These decisions should include identification and regulation of areas impacted by expected public and private investment and acquisition of land for public use, through donation or purchase. The League believes that the County Commissioners are promoting public understanding and participation in this planning effort. Citizens were given the opportunity to express their views and desires at township meetings. Citizen' s input continues to be encouraged at public hearings such as tonight' s The League of Women Voters of Chapel Hill/Carrboro supports the goal set forth in the Master Park Plan: "To provide the citizens, elected officials and staff of Orange County a 20 year course of action that adequately addresses the needs of all citizens within the community regardless of age, sex, race, handicap or income, and provides economically attainable timetable for acquiring, developing and administering recreation and park resources, programs and facilities. The League therefore urges the County Commissioners to adopt the Master Park Plan. " TED LATTA stated that he has come out in opposition to the Park Plan because it is being considered for the CIP bond package and he feels it is not a good idea for the county because the needs of the schools and an adequate and clean water supply outweigh the needs of the parks. He is not saying drop the parks. The plan can be handled through Recreation and Parks and through small appropriations to the county budget without going with a bond for six million dollars to get it started. BARRY JACOBS ,Chairman of the Planning Board, explained that although the Planning Board has not voted on the Plan that they have generally worked to support it. A few recommendations that have been made include (1) that the park plan include some work with Hillsborough in an effort to preserve portions of Occoneechee Mountain and (2) those lands that are currently under County ownership that would not be flooded by a reservoir on Seven Mile Creek be designated due to their unique natural characteristics. They encourage that passive and active recreation be part of the plan. He presented statistics contained in a newspaper article which points out that the responsibility for developing parks and recreation in North Carolina is at the County level and not the State as is the case in other states. JEAN FORREST asked what would happen if a person does not want to sell their land for a park when a site becomes definite. Chair Marshall stated that a site would not become definite if a person did not want to sell their land. No one will be forced to sell their land for a park. • 3 VERN MILLER does not agree that there is an overall need for parks. Some are needed and some are wanted. Orange County should not be compared with other counties. County government should look at the needs of Orange County and try to take care of these needs without taxing the people more and more. The needs of the municipalities should be different from those of the county. He spoke against swimming pools indicating they are wants instead of needs. Some of the larger parks are not needed. TOM O'DWYER spoke in support of the Plan. He stated he feels people should look at the future instead of the present situation. Recreation and Parks is an investment in our future that involves a sacrifice now for that future. He emphasized that governmental implementation of preservation is something that can last a lot longer and provide for the future of the community. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. D. RESOLUTIONS OR PROCLAMATIONS ADDED ITEMS 1. RECYCLING DAY PROCLAMATION Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to proclaim April 23 as Recycling Day in Orange County. The proclamation is stated below: RECYCLING DAY WHEREAS, Orange County is rapidly exhausting the present landfill for disposal of our wastes; and WHEREAS, Recycling of our solid waste can save valuable landfill space as well as energy and natural resources; and WHEREAS, The proceeds from the sale of recyclable newspaper, glass and aluminum to be collected on April 23 will benefit various community organizations; THEREFORE, The Orange County Board of Commissioners now proclaims Saturday April 23 as R(ecycling) Day in Orange County and urge the citizens to recycle their newspapers, aluminum cans and glass bottles to save landfill space, and, on April 23 , to support community organizations in Orange County. VOTE: UNANIMOUS. 2 . NURSES DAY PROCLAMATION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to proclaim May 6 as National Nurses' Day 1988 in Orange County. The proclamation is stated below: NATIONAL NURSES ' DAY 1988 WHEREAS, Registered Nurses are knowledgeable health care professionals who are leaders in the management and delivery of health care services, and WHEREAS, Registered Nurses are striving to meet the challenges of an ever-evolving health care system while continuing to provide safe, dependable, conscientious care for each of us at affordable rates, and WHEREAS, The demand for nursing services is escalating in light of changes in the financing of health care services, the settings where services are delivered and the health care needs of the population, and WHEREAS, The supply of nurses is not keeping pace with the demand and there is an urgent need not only to recruit well-qualified candidates into the profession but to retain nurses in the • 4 workplace, and WHEREAS, The American Nurses ' Association and the North Carolina Nurses' Association have declared May 6 as NATIONAL NURSES ' DAY 1988 with the theme "Proud to Care" to increase public awareness of the contributions of nurses and the value of nursing as a career choice, therefore be it RESOLVED, That we, the Orange County Board of Commissioners urge all citizens of this state/community to join us in celebration and recognition of the contributions of registered nurses in the delivery of quality, affordable health care for the nation' s citizens. VOTE: UNANIMOUS. E. REPORT N.C. 57/157 INTERSECTION AND HWY 70/ORANGE HIGH ROAD INTERSECTION John Link reported that the problem at N.C. 57/157 will be corrected by installing a double alternating flasher and placing rumble strips at that intersection. The Orange High Road intersection will be studied further with a report from DOT before June. Vic Knight questioned if DOT was going to include in their study of Highway 70/Orange High Road the change in the traffic pattern for that area. He suggested that DOT look at how the traffic pattern had changed as a result of the traffic congestion and the dangerous situation at NC 86 and 57. The people coming from the Caldwell community use that portion of Miller Road which is unpaved to avoid this dangerous intersection. John Link indicated he would ask DOT to look at the traffic pattern as requested by Vic Knight. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the items as stated below on the Consent Agenda. 1. BOARD OF ELECTIONS TABULATORS DELETED 2 . TAX REFUNDS REQUEST To approve the following tax refunds as submitted by the Tax Assessor. Harold G. Johnson Acct. # 7919087 $ 167 .95 Hogue & Strickland Acct. # 86469 32 . 85 John B. Wilson Acct. # 715723 118 . 07 Carl D. Mills Acct. # 104319 9. 38 Clarence H. Adams Acct. # 119793 27 .85 Jack Long Acct. # 703485 185. 02 Kenneth Horne Acct. # 73275 1,530.96 Robert A. Keller Acct. # 328670 54 .25 Anne B. France Acct. # 104801 1, 980.78 Roberta F. Harris Acct. # 87001714 92 .23 Pamela C. Welsh Acct. # 75353 65.57 Jacqueline Carrie Rose Acct. # 95397 13 .97 3 . BUDGET AMENDMENTS To approve the following amendments to the 1987-88 Budget Ordinance: GENERAL FUND Appropriation - Social Services $ 20,442 Source-Social Services - Block Grant 20,442 Appropriation - Recreation Department 675 5 Source - Arts Commission 675 HANDICAP ACCESSIBILITY FUND Appropriation - transfer to Courthouse and 11, 503 Ag Building Fund Source - Appropriated Fund Balance 11,503 COURTHOUSE AND AG BUILDING CAPITAL FUND Appropriation - Renovations 11, 503 Source - Transfer from Handicap Accessibility 11,503 4 . GOVERNOR'S HIGHWAY SAFETY PROGRAM - MINI GRANT To approve submittal of a mini-grant application to the Governor's Highway Safety Program for Health Yourself, the employees wellness program, to be used to implement a seat belt program for county employees and community members using county parking lots. 5. POLICY STATEMENT - HEALTH YOURSELF DELETED G. ITEMS FOR DECISION - REGULAR AGENDA 1. AFFIDAVIT - GENERAL CONTRACTOR LICENSING EXEMPTION (See the permanent agenda file for a copy of the proposed application form) . Planning Director Marvin Collins presented for consideration a proposed affidavit that would allow for an exemption from general contractor licensing requirements. An exemption can be granted to a person who builds a house on property that he owns when the house is intended for his own use after the construction is completed. This exemption is allowed under G.S. 87-1 and would be a method whereby the County could document these exemptions and if a contractor violated the provisions of G.S. 87-1, the matter could be referred to the N.C. General Contractors Licensing Board for appropriate action. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the affidavit requirement for unlicensed contractors and the use of the form as part of Orange County's code enforcement program. A notation will be put on the affidavit indicating that notary services are available at no cost in the Planning Department so that the affidavit can be completed with one trip. VOTE: UNANIMOUS. 2 . WOODBROOKE SUBDIVISION - ACCEPTANCE OF LAND DEDICATED TO ORANGE COUNTY FOR RECREATION/OPEN SPACE PURPOSES Marvin Collins presented for acceptance by the Board the dedication of land to Orange County for recreation/open space purposes in Woodbrooke Subdivision. The 8.55 acres is located at the end of Meadow Lane and close to a branch of Morgan Creek. The final plat was approved by the Planning Board on October 19, 1987 . Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to accept 8.55 acres of land dedicated to Orange County and located in the woodbrooke Subdivision for recreation/open space. VOTE: UNANIMOUS. 3 . SUBDIVISION OF LOT 9 LAKE WOODS - ACCEPTANCE OF LAND DEDICATED TO ORANGE COUNTY FOR RECREATION/OPEN SPACE PURPOSES Marvin Collins presented for acceptance the dedication of land to Orange County for recreation/open space purpose. The 7, 023 sq. ft. is located in Lake Woods Subdivision and is part of Lot 9. The final plat for Lakewood 6 was approved by the Planning Board February 1, 1988. Commissioner Willhoit expressed a problem with accepting such a small The issue of what is meant by greenways need to be addressed. Chair Marshall stated that the procedure for accepting parcels of land is provided for in the Joint Land Use Plan. Concerns have been expressed about the area around Neville and Phils Creek and she suggested that this Article in the Joint Land Use Plan be reviewed. She suggested that this small parcel could be used as a conservation easement. Mary Anne Black explained that in the Land Use Plan that for areas designated for recreation and/or open space required through the Subdivision Ordinance that no site specific planning had been done for those properties and it was the intent of the Land Use Plan to indicate potential areas for development or nondevelopment depending on the sensitivity of the property. Commissioner Willhoit noted that the stream buffer will protect the streams and if this property is part of the stream buffer, it would not be logical to have it in county ownership. He indicated there should be a minimum parcel size before the County accepts a parcel of land. The Board agreed that they would accept this parcel in accordance with the ordinance and asked that the ordinance be reviewed for amendments. Marvin Collins explained the intent of the ordinance with respect to the greenways system of trails. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to accept the 7, 023 sq. ft. of land dedicated to Orange County. VOTE: UNANIMOUS. 4. JOINT PLANNING AREA PUBLIC HEARING The Board discussed the rescheduling of the April 13 Joint Planning Area Public Hearing that was canceled. It was decided that two possible dates would be checked with elected officials from Chapel Hill and Carrboro and considered at the next meeting. 5. PUBLIC RECORDS POLICY Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to approve the following policy as recommended by the County Manager: (1) That all copies of documents generated by and for the County to include all major reports, surveys and studies. Copies of such material will be retained in the County Commissioners meeting room of the administrative building. These copies may be checked out of Board of County Commissioners office and read on site. (2) If copies are requested by the public of any documentation such copies will be made available within three working days of the request. VOTE: UNANIMOUS. 6. EMERGENCY SHELTER GRANT Tara Fikes explained that the grants will be awarded to local governments to help improve the quality and availability of emergency shelters and services for the homeless in their communities. Inter-Faith Council has agreed to provide the matching resources necessary. The application will request $5, 000 which is the maximum allowable. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the submission of an Emergency Shelter Grant application and authorize the Chair to sign the Application on behalf of the Board. VOTE: UNANIMOUS. 7. HAZEN AND SAWYER ENGINEERING SERVICES PROPOSAL 7 This proposal is to assess the appropriateness of utilizing alternative wastewater treatment methodologies in Orange County. The scope of work is described in the proposal contained in the permanent agenda file. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the proposal from Hazen and Sawyer for consultant services to access the suitability of alternative wastewater treatment facilities in Orange County for a lump sum amount of $7, 000. VOTE: UNANIMOUS. ADDED ITEM 8. PROPOSED WATER AGREEMENT BETWEEN OWASA AND CHATHAM COUNTY (A copy of the proposed agreement is in the permanent agenda file in the Clerk's Office) . John Link recommended (1) that the Board review the agreement and inform him of any questions or concerns and (2) that the Board ask OWASA for additional time so this item may be placed on the May 2 agenda for further discussion from which a collective response would be prepared. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the County Manager's recommendations. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: ECONOMIC DEVELOPMENT COMMISSION Johanna Snyder as the Carrboro representative Shirley Reynolds as an AT LARGE representative BOARD OF HEALTH Allen W. Rosman, Pharmacist CITIZENS ADVISORY GROUP Daryl Dunlap as a representative of the Orange Federation of Teachers EXECUTIVE SESSION - PROPERTY MATTER Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to move into Executive Session to consider a property matter. VOTE: UNANIMOUS. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to go back into regular session. VOTE: UNANIMOUS. I. ADJOURNMENT With no further business for the Board to consider, Chair Shirley E. Marshall adjourned the meeting. The next meeting will be held on May 2, 1988 at 7: 30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk