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Agenda - 05-02-1988
�y ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA 4:00 P.M. EQUALIZATION AND REVIEW BOARD TAX AND RECORDS BUILDING REGULAR MEETING l�88 MONDAY, MAY 2, 7:30 P.M. SUPERIOR COURTROOM NEW COURTHOUSE HILLSBOROUGH, N.C. p,, BOARD AND M,�,NAGERS 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. MIS PUBLIC CHARGE The Board of Commissioners pThegSoard asks its lcitizens Orange County its respect. to conduct themselves in a resfellowl� citizens. Atnnany courteous both with the Board citizen fail time should any member of the Board or any to observe this public charge, the Chair will ask the the meeting until that offending person to leave indivi- to dual regains personal control. Should decorum fauntil be restored, the Chair will recess the meeting public such time that a genuine commitment to this charge is observed. AWARD PRESENTATIONS 1. 'Health Yourself" Contest PK PUBLIC HEARINGS 002 1. Master Recreation i arks ncher Street Area 003 *'2. Proposed CDBG App lcat PAGE # 006 M D•. RESOLUTIONS OR PROCLAMATIONS 1. Older Americans Month E. REPORTS F. ITEMS FOR DECISION -- CONSENT AGENDA (Any item may be removed for separate consideration) �-• Approval of Updated TDP Sch Vehicle edul olo 2• e Jail Inspection Report 01-1 012 3. 4. Non - Emergency Transport Fees Non 015 028 5. 6. Emergency Transports Lease; Chapel Hill Housing Authority 035 7. Fireworks Permit; Special Olympics Contract 4. 5. Elderly Application Theodore Parrish, Et Al -- preliminary Plan Setter Approval; Architect for Administration Building Replacement Building Public Works G. ITEMS FOR DECISION -- REGULAR AGENDA 047 1. Recommendation and Report on GIs for Phases IV and V of the Re- Mapping Project o48 2. Request for Waiver of Town Capital Facilities and Maintenance o49 060 3• Fees /Rencher Street Project Section 202 Housing for the 076 4. 5. Elderly Application Theodore Parrish, Et Al -- preliminary Plan Setter 108 6. Run, Section Two -- Preliminary Plan Request for Partial Width Right -of -Wa Howard Y--Frances S. 17 7. Additions to Committee Open Space Technical Advisory 121 8• Petition for Addition of Tallyho Trail, Huntsman Court, and Lair Court in 126 s q• Fox Meadow Subdivision, to the State Maintained Road System 135 10. NCDOT Transportation Improvement Program Orange County Thoroughfare 145 161 X11. X12. Plan Schedule Advertisement- -May 23, 1988 Public Hearing June 1, 1988 Public Puc Hearings - -Joint Planning Area - Orange County 171 177 X13. Acceptance of Dedication of Recreation /Open Space- - Turtle Dove Subdivision 183 a�14. Acceptance of Dedication of Recreation /Open Space- - Meadow 187 *15. 16. OWASA Resolutions l88 and /or Policy Statements for the 1988 NCACC Annual Conference 17. Budget Review H. APPOINTMENTS EXECUTIVE SESSION -- PROPERTY MATTER I. ADJOURNMENT ( *) Indicates items that need immediate attention. ORANGE COUNTY BOARD OF COM41SSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE May 2, 1988 Subject: MINUTES Action Agenda Item No. [Department: BOARD OF COMMISSIONERS Public Hearing; Yes % no Attachments: Information Contact: Bever A. Under Separate Cover Beverly Blythe Phone Numbers: 732- 8181, 968 -4501, 227 -0231. PURPOSE: To correct and. /or approve the minutes as submitted for consideration: April 19, 1988 - regular meeting BACKGROUND: In accordance with 153A -1+2 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. 002 ORANGE COUNTY BOARD OF COMMISSIONERS Action A e da ACTION AGENDA ITEM ABSTRACT Item No. ', Meeting Date: May 2, 1988 SUBJECT: MASTER RECREATION AND PARKS PLAN DEPARTMENT: Recreation and Parks PUBLIC HEARING YES: XXX NO: ATTACHMENT(S) : INFORMATION CONTACT: Mary Anne Black NONE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: '1"o receive citizen c•_, -rnment 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 Recreation and Parks Plan for Orange County. The 'proposedeY~ plan was presented at public hearing on November 23, 1987 and on February 22, 1988. As a result of citizen and advisory board concerns, on March 15, 1988, 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 Comprehensive Pain and is consistant with other,rcounty��unty� s 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. 003 ORANGE COUNTY BOARD OF COMMISSIONERS potion A ends Item No.f�'� ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2 , 1988 SUBJECT: Public Hearing - Proposed CDBG Application/Rencher Street Area DEPARTMENT: Housing/Community Dev . PUBLIC HEARING YES: X NO: ATTACHMENT(S) : Application Summary INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER-- 732-8181 Hillsborough Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive citizen comment regarding the proposed FY1988 Community Development Block Grant Application. BACKGROUND: The North Carolina Department of Natural Resources and Community Development (NRCD) requires applicants to conduct a public hearing prior to submission of the CDBG application to NRCD. The proposed activities are Acquisition, Public Facilities Improvements, Street Improvements, Relocation, and Rehabilitation of Private Properties . A door to door survey was conducted by Housing and Community Development Staff to determine the severity of need and to allow residents to express their housing needs and concerns. The attached summary details each activity and also provides cost estimates for these activities . The project boundary is also defined in this summary. Citizen input at the March 7 , 1988 Commissioners meeting should be reviewed to determine whether comments are consistent with the proposed project . After receiving citizen comments, the final Application will be presented at the May 17 , 1988 Commissioners meeting. RECOMMENDATION(S) : Approve proposed project activities in the Rencher Street Community Development Program. Mak S 004 ORANGE COUNTY COMMUNITY DEVELOPMENT PROGRAM RENCHER STREET IMPROVEMENT AREA PROJECT SUMMARY The Rencher Street Area is located just outside the corporate limits of Hillsborough. The area is a blighted neighborhood and has the following conditions: HOUSING: 22 deteriorated houses WATER: Inadequate ( 2-inch) lines serve the entire project area. All residents are not connected to the public water service. SEWER: Area is served by malfunctioning septic systems and 8 dwellings have privies. STREET: Rencher Street and the No Name Street north of Rencher are unpaved. In order to eliminate the above blighting conditions, the following project activities are proposed: ACTIVITY _ COST Acquisition -- Acquire 45 , 300 sq. ft . of $12 , 600 right-of-way and easements for sewer and street improvements -- Acquire one dilapidated mobile home Housing Rehabilitation Rehabilitate to HUD Model $179 , 630 Property Standards 22 houses Street Improvements -- Rencher Street : 1 , 350 l . f . of $80 , 000 new 20 ' wide asphalt paved roadway 005 Clearance Removal of 1 dilapidated Structure $1 , 500 from the project area Water System Improvements Construction of 2 , 000 l . f of 6" PVC *$61 , 718 Water Mains Sewer System Improvements Construction of 3500 1 . f . of 8" PVC *$270 , 000 Sewer including installation of a "Gorman Rump" Pump Station and service connections Administration Ongoing Program Administration $78 , 833 $684 , 281 *These cost estimates for water/sewer improvements exceed the state average CDBG costs. A County contribution of $84 , 281 . 00 towards the sewer project could reduce the CDBG cost of this activity. This cost does not include the capital facilities fees for water and sewer connections which is estimated to be approximately $27 , 000 . It also does not include the perpetual maintenance fee of approximately $27 , 000 that the Town of Hillsborough requires for construction of new sewage pump stations . R y , . ORANGE COUNTY 006 BOARD OF COMMISSIONERS Action A enda Item No. 002. ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, 1988 SUBJECT: Older Americans Month Proclamation DEPARTMENT: PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Jerry M. Passmore Proclamation TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To join Federal and State Governments in designating the month of May as a time to honor our older citizens for their contri- bution to society. BACKGROUND: For a number of years Orange County Commissioners have issued an Older Americans Month proclamation. RECOMMENDATION(S) : Approve proclamation and authorize Chair to.-.sign. A F 007 P R O C L A M A T I O N WHEREAS, According to the latest population figures, there are over 10,000 persons over 60 years of age in Orange County; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have given and for what they have contributed to their County, State and Nation; and, WHEREAS, Because of them, the rest of the citizens enjoy the fruits of their visions and their labors, and their example is an inspiration to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County wishes to set aside a special month for recog- nition of the older segment of its citizenry; and, NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 1988 OLDER AMERICANS MONTH AND, further, do encourage all citizens to join us in honoring our older Americans. Shirley Marshall, Chair Orange County Board of Commissioners 008 [RANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.. , ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, - 1988 SUBJECT: Approval of Updated TDP Vehicle Replacement Schedule DEPARTMENT: Aging PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Schedule INFORMATION CONTACT: Jerry Passmore Ext. 2B0 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve an updated vehicle replacement schedule from the one adopted in the Orange County Transportation Development Plan (TDP) on July, 1986. This update includes four backup vehicles (CAT# 14,20,21,23) left out of the original replacement schedule. BACKGROUND: The Human Service Transportation Board adopted on March 22, 1988 the updated TDP vehicle replacement schedule and the inclusion of the backup vehicles left out of the TDP. This is necessary in order to make yearly applications to the Dept. of Transportation for the - vehicle replacements based on current usage and to maintain safe backup equipment. RECOMMENDATION(S): Approve updated vehicle replacement schedule. 4 009 Page No. 1 04/26/88 ORANGE COUNTY TRANSPORTATION DEVELOPMENT PLAN 1986- 1991 REVISED VEHICLE REPLACEMENT SCHEDULE VEHICLE MAKE YEAR SIZE LIFT EQUIPPED ODOMETER YEARLY ROUTE ORIGINAL 1986 REVISED 1988 C.A.T. M. & YES OR NO ? READING MILEAGE SERVED TDP REPLACEMENT TDP REPLACEMENT MODEL JAN.,1988 PROJECTIONS DATE DATE 1 INTERBUS 1984 24 N 46280 12420 EFLAND BEYOND 1991 MAY 1993 3 CHEVBUS 1985 23 Y 37779 18228 CHPHLL BEYOND 1991 MAY 1995 4 CHEVBUS 1985 32 N 12136 5,976 SPECTRPS BEYOND 1991 BEYOND PLAN 5 CHEVBUS 1985 23 Y 41679 26,328 HILLS BEYOND 1991 MAY 1993 6 FORDVAN 1983 15 N 51304 9,276 HILLS BEYOND 1991 MAY 1992 7 FORDVAN 1983 15 N 102,000 23,784 SO CHPHL SEPT. 1990 MAY 1989 8 FORDVAN 1983 12 Y 77765 5,796 MEDICAL FEB 1990 MAY 1991 9 FORDVAN 1984 15 N 47620 10,032 SO ORAN MARCH 1989 MAY 1992 10 FORDVAN 1983 15 Y 83000 15600 SO ORANG AUG 1990 MAY 1990 11 DOD6'VAN 1984 15 Y 52374 21576 CEDGRV MAY 1990 MAY,1991 12 DODGEVAN 1984 15 Y 67847 29808 MEDICAL BEYOND 1991 MAY 1989 13 CHEVBUS 1977 18 Y 92025 21600 CED6ROVE MAY 1987 1995 14 DODGEVAN 1979 15 Y 131467 2148 BACKUP NO DATE MAY, 1988 16 PLYNVAN 1980 12 N 82150 10,296 HEADSTAT NA MAY 1989 18 FORDVAN 1982 12 N 119000 30,000 DAYCARE NA MAY 1988 20 PLYMVAN 1979 12 N 121379 3,600 BACKUP NO DATE/BKUP NAY, 1988 21 PLYMVAN 1979 12 Y 127900 3,000 BKUP/CLC NO DATE/BKUP MAY, 1988 23 CHEVBUS 1979 18 N 51312 8,400 BACKUP 1887/REHAB 1995 17 CHEVBUS 1987 23 N 4201 8100 HILLSBOR BEYOND PLAN 1995 24 CHEVBUS 1986 23 N 2932 6,480 EFLAND NO DATE/MEW 1995 2 CHEVBUS 1987 23 Y HILL/MED 1988/BURPEDL 1995 22 FORDVAN 1987 15 N 8188 12,000 ADTP MAY,1987 1994 ORANGE COUNTY 0.1 0 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MAY 2, 1988 • SUBJECT: JAIL INSPECTION REPORT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S REPORT OFFICE,X501 (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive the March 17 semiannual jail inspection report from the State. BACKGROUND: All areas are in compliance with the minimum jail standard requirements. There are periodic problems, however, with overcrowdedness and the State requests compliance with number of bunks available during these periods. A corrective action plan is to be submitted to the Department of Human Resources by May 12th by Sheriff Pendergrass. RECOMMENDATION(S) : BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.F3 MEETING DATE May 2, 1988 SUBJECT: Non-emergency Transport Fees L 1 DEPARTMENT: Emergency Services 1 1 PUBLIC NEARING: YES NO ATTA a (S): No INFORMATION CONTACT: Bobby Baker PHONE NUMBERS: HILLSBOROUGH 732-8161 CHAPEL, HILL 929-8109 PURPOSE: To adjust non-emergency transport fees from $60.00 base charge and $ 2.00 per loaded mile outside Orange County to $ 70.00 base charge and $ 3.00 per loaded mile outside Orange County. BACKGROUND: Durham County Hospital Corporation provides some non-emergency transportation of Orange County residents. Durham County's rate is $ 70.00 base charge and $ 3.00 per loaded mile. Adjustment of the rate would provide for uniform charges to all patients for this service. RECOMMENDATION (S): Board approve adjustment in fees BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.F l MEETING DATE May 2, 1988 012 SUBJECT: Non Emergency Transports DEPARTMENT: Emergency Services PUBLIC HEARING: YE<S x NO ATTACHMENT (S): INFORMATION CONTACT: Bobby Baker yes PHONE NUMBERS:: HILLSBOROUGH 732-8161 CHAPEL HILL 929-8109 PURPOSE: To provide non-emergency transports for Orange County Residents from 5:30 p.m. until 11:00 p.m. Monday through Friday and 7:00 A.M. until 11:00 p.m. on: Saturdays and Sundays. BACKGROUND: Orange County provides non-emergency transports Monday through Friday 8:30 a.m. until 5:30 p.m. The Orange County and South Orange Rescue Squads have decided that they will do no non-emergency transports. RECOMMENDATION (S): Aprrove contract and .:an-thorize Chair to sign. O13 STATE OF NORTH CAROLINA ORANGE COUNTY NON-EMERGENCY TRANSPORT CONTRACT This agreement is made and entered in this by and between Orange County and Durham County Hospital Corporation. WHEREAS, Orange County and Durham County Hospital Corporation • have established a period of time in which Durham County Hospital Corporation will provide non-emergency transport service for Orange County. WHEREAS, pursuant to Article 20, Chapter 160A of N.C. General Statutes, Orange County and Durham County Hospital Corporation are empowered to enter into this agreement; NOW, THEREFORE, Orange County and Durham County Hospital Corporation hereby agree as follows: 1. Durham County Hospital Corporation shall, to the best of their ability, furnish equipment, supplies, and personnel deemed necessary by them for the purpose of providing non-emergency transports to persons needing assistance within Orange County. 2. Orange County shall provide non-emergency transports as described in Paragrah 1 of this agreement, Monday through Friday from 8:30 AM to 5:30 PM. 3. Durham County Hospital Corporation shall provide this-service from 5:30 PM until 11:00 PM, Monday through Friday, and 7:00 AM until 11:00 PM, Saturday and Sunday. • 4. The obligation of Durham County Hospital Corporation to respond to calls in accordance with this agreement shall be secondary and subordinate to their duty to furnish protection to the residents of Durham County. 014 . .' Page 2 5. In consideration for the services described in this agreement, Orange County shall pay Durham County Hospital Corporation an amount determined as follows: A. Orange County will pay Durham County Hospital Corporation upon receipt of invoice and patient information $70.00 per trip plus $3.00 per loaded mile outside Orange County, limited to Durham, Alamance and Chatham Counties. 6. This contract shall be effective and may be cancelled by either party upon written notice to the other not less than 90 days to the end of the fiscal year which will conclude with the cancellation of this agreement. This contract is entered into the day and year first above written. ORANGE COUNTY By: Shirley E. Marshall, Chair Orange County Board of Commissioners ATTEST: - Beverly Blythe, Clerk to the . Board of Commissioners _ DURHAM COUNTY HOSPITAL CORPORATION BY ATTEST: ,r ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. I-775 MEETING DATE MAY 2, 1988 SUBJECT: LEASE; CHAPEL HILL HOUSING AUTHORITY BUILDING *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES Ext.497 Lease Town of Chapel Hill/ County of Orange County of Orange/ State of North Carolina Employment Security Commission PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: 1. ) To approve modifications in the lease with Chapel Hill; 2 . ) To approve the lease with the State of North Carolina - Employment Security Commission. BACKGROUND: This lease with the Town of Chapel Hill was originally approved in September, 1987. Past leases were negotiated directly with the Housing Authority, but in 1987 the Housing Authority was absorbed as a Town Department, thereby requiring the lease to be between the County and the Town. ) However at this point some questions were raised regarding ownership and use of the building by the Town. During the course of the resolution of the ownership issue the Town raised additional concerns (insurance) and requested they too be addressed in this lease. Since it is in our best interest to ensure that the State likewise commit to the County that which we commit to the Town, further negotiation was necessary. The two leases presented represent the results of many conversations and redrafted terms & conditions, but hopefully address the requirements of all parties involved. The state currently is bidding property in Chapel Hill with anticipation of relocating the Employment Security Commission at the expiration of this lease. The Town has stated this lease will be non-renewed in October, 1988. RECOMMENDATION: 1. ) Approve the lease as modified between the County and the Town of Chapel Hill; 2. ) Approve the lease between the County and the State of North Carolina - Employment Security COmmission, and 3. ) Authorize the Chair to sign on behalf of this Board. 016 �n n, STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF ORANGE THIS LEASE AGREEMENT, made and entered into this the first day of October, 1987 by and between the TOWN OF CHAPEL HILL, a North Carolina Municipal Corporation, 306 North Columbia Street, Chapel Hill, North Carolina, hereinafter referred to as "Town" and the COUNTY OF ORANGE hereinafter referred to as "County". In consideration of the mutual covenants and conditions set forth below, the Town and the County agree as follows: • 1. Lease of Premises the Town agrees to lease to the County the first floor ( 2, 009 square feet) of the Department of Housing and Community Development Administration Building at 317 Caldwell Street Extension for use by the Employment Security Commission of North Carolina. 2. Rent ' a. The County agrees to pay to the Town as rent for the Leased Premises the sum of $1, 339 per month. b. Rent shall be due in the Town' s Municipal Building on or before the Fifteenth day of each month. c. The County shall be deemed .to have taken posses- sion of the Leased Premises on October 1, 1987. 3 . Term of Lease The term of this lease shall commence—on October 1, 1987, and shall run for a period of twelve months. This lease shall be subject to nonrenewal. 4 Parking The County may, as a right and incident of this lease, use any of the parking spaces in the parking lot except - -those that have been reserved for Town staff. 5. Sublease or Assignment The County may not sublease the leased premises to any agency other than the Employment Security Commission of North Carolina. . 6. Alterations The Lessee shall have the right during the existence of this lease, with the prior written consent of the Town 01'7 Manager, to make alterations, attach fixtures and equipment, and erect additions , structures or signs in or upon the leased premises . Such fixtures, additions , structures or signs so placed in or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the Lessee and may be removed therefrom by the Lessee prior to the termina- tion of this lease or any renewal or extension thereof , or within a reasonable time thereafter. The Lessee shall have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premise altered by it. In the event Lessee elects to remove his improvements or fixtures and such removal causes damage or injury to the demised premis- es, Lessee will repair only to the extent of any such damage or injury. 7. Responsibilities of the County In addition to the other covenants and conditions of this lease to be observed by the County, it shall have the following responsibilities with respect to the Leased Premises: a. The County shall maintain the leased premises in good repair. b. The County shall be responsible for the proper security and safekeeping of the Leased Premises. 8. Responsibilities of the Town The Town shall have the following responsibilities with -- respect to the Leased Premises: a. The Town shall provide all utilities except telephone. - b. The Town shall provide janitorial services. c. The Town shall have the right to regularly inspect the premises and approve alterations and renova- - tions, but shall not enter the leased premises nor - . allow any agent of his to enter the leased premis- es after Lessee' s business hours, except in emergency, without permission from the Lessee_ 9. Personal Injury or Property Damage The County shall defend, indemnify and hold harmless the Town against- any claim, cost, expense, liability, action or judgement arising out of or related to any • ti 018 • personal injury, death or property damage with respect to the Leased Premises to the extent allowed .by law. 10. Insurance. The Town shall provide all risks of physical loss or damage insurance coverage to the leased premises. Contents of the leased premises will be insured by the State of North Carolina. If the said premises be destroyed by fire or other casualty, without fault of the Lessee, this lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruc- tion or damage by fire or other casualty without fault of the Lessee, so as to render the premises untenantable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. During such period of repair, Lessee shall have the, right to obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving fifteen (15) days written notice to the Lessor. The County shall provide at its expense liability insurance, naming the Town as an additional insured, covering its activities at the Department of Housing and Community Development Administration Building in limits as follows: a. Worker' s Compensation: If user falls under the State of N.C. workers ' compensation law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the �— applicable state and federal laws. b. Comprehensive General Liability: Coverage shall be per occurrence combined single limit for bodily injury and property damage liability including premises and operations, coverage limit to be $1, 000 ,000. Copies of such insurance policies shall be provided to the Town' s Purchasin g _ Agent. . Said insurance shall provide that the Town, shall be given at least 30 days prior written notice before the policy may be altered, amended, cancelled or terminated or allowed to lapse. 11. • Waiver of Subrogation The Town agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the building and on personal property of the Town contained 0L1 9 therein to the extent of its full insurable value; the County shall do the same with respect to its property located in or on the demised premises. The Town and County hereby mutually release and dis- charge each other from all claims or liabilities arising or caused by fire or other casualty covered by the above insurance on the leased premises, or property in or on the leased premises. 12. Cancellation This lease agreement may be cancelled upon 60 days prior written notice by either the Town or the County. Upon termination of this lease, the Lessee will peace- ably surrender the leased premises in as good order and condition as when received, reasonable use and wear and damage by fire, water, riots, insurrection, public calamity, by the elements, by act of God, or by circum- stances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. 13 . Notice Any notice or written communication related to this Lease Agreement shall be deemed effective if mailed or delivered to: 1. For the Town: Town Manager 306 N. Columbia Street Chapel Hill, N.C. 27514 2. For the County: County Manager . P. O. Box 8181 Hillsborough, N.C. 27278 This the day of , 1987_ • .. S 020 IN WITNESS WHEREOF, the parties hereunto cause this Lease Agreement to be executed in their respective names: This the day of _ , 1987. TOWN OF CHAPEL HILL COUNTY OF ORANGE - A Municipal Corporation By: By: Town Manager Chair, Board of County Commissioners Attest: Attest: Town Clerk Approved as to Form and Authorization Town Attorney County Attorney This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director Director, Department of Housing and Community Development • • STATE OF NORTH CAROLINA COUNTY OF ORANGE LEASE AGREEMENT 021 THIS LEASE AGREEMENT, made and entered into this the first and between COUNTY OF ORANGE, hereinafter referred to as t he a ' County' ,day October, 1987 and the STATE OF NORTH CAROLINA, the hereinafter referred to as the 'State' , W I T N E S S E T H : . S authority to approve and execute this lease agreement THAT WHEREAS, resolution adopted ddlebytetheto Governor eand Council fof�State ronlo the by1st day of adopted by September, 1981; and • WHEREAS, the parties hereto have mutually agreed to the terms of this lease agreement set forth as 1. Lease of Premises The County agrees to lease to the State the first floor (2, 009 square feet) of the Department of Housing and Community Development Administration Building at 317 Caldwell Street Extension for use by the Employment Security Commission of North Carolina. 2 . Rent a. The State agrees to pay to the County as rent for the Leased Premises the sum of $8, 036 per annum, which sum shall be paid in equal monthly installments of $669 . 67 , said rent to be payable within fifteen (15) days from receipt of invoice in triplicate. b. The State shall be deemed to have taken possession of the Leased Premises on October 1, 1987 . 3 . Term of Lease The term of this lease shall commence on October 1, 1987, and shall run for a period of twelve months. This lease shall be subject to nonrenewal. a 4.. Parking . The State- may, as a right and incident of this lease, use any of the parking spaces in the parking lolot s except those that Chapel have been reserved for Town of ■ 5. - Sublease or Assignment The State may not sublease the leased premises to any agency _other than the Employment Security Commission of North Carolina. • 022 6. Alterations State shall have the right during the existence of this lease, with the prior written consent of the County Manager, to make alterations, attach fixtures and equipment, and erect additions, structures or signs in or upon the leased premises. Such fixtures, additions, structures or signs so placed in or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the State and may be removed therefrom by the State prior to the termination of this lease or any renewal or extension thereof, or within a reasonable time thereafter. The State shall have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premise altered by it. In the event the State elects to remove improvements or fixtures and such removal causes damage or injury to the demised premises, the State will repair only to the extent of any such damage or injury. 7 . Responsibilities of the State In addition to the other covenants and conditions of this lease to be observed by the State, it shall have the. following responsibilities with respect to the Leased Premises: a. The State shall maintain the leased premises in good repair. b. The State shall be responsible for the proper security and safekeeping of the Leased Premises. 8. Responsibilities of the County The County shall have the following responsibilities with --- respect to the Leased Premises: a. The County shall ensure that all utilities are provided except telephone service. b. The County shall ensure that janitorial services are provided. c. - The County shall have' the right to regularly inspect the - premises and approve alterations and renovations, - but shall not enter the leased premises nor allow any agent of his to enter the leased premises after the State's business hours, except in emergency, without permission from the Employment Security Office Manager. • • 9. Personal Injury or Property Damage 023 The State shall defend, indemnify and hold harmless the County against any claim, cost, expense, liability, action or judgement arising out of or related to any personal injury, death or property damage with respect to the Leased Premises to the extent allowed by law. 10. Insurance The County shall ensure that all risks of physical loss or damage insurance coverage is provided to the leased premises. Contents of the leased premises will be insured by the State of North Carolina. If the said premises be destroyed by fire or other casualty, without fault of the State, this lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruction or damage by fire or other casualty without fault of the State, so as to render the premises untenantable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. During such period of repair, the State shall have the right to obtain similar office space at the expense of the State or the State may terminate the lease by giving fifteen (15) days written notice to the County. The State shall provide at its expense liability insurance, naming the County as an additional insured, covering its activities as the Department of Housing and Community Development Administration Building in limits as follows: a. Worker's Compensation If user falls under the State of N. C. workers ' compensation law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the applicable state and federal laws. b. Comprehensive General Liability : Coverage shall be per occurrence combined single limit for bodily injury and property damage liability including premises and operations, coverage limit to be $1, 000,000. Certificates of insurance or verification of self-insurance shall be provided to the County's Purchasing Director. Said insurance shall provide that the County shall be given at least 30 days prior written notice before the policy may altered, amended, cancelled or terminated or allowed to lapse. The State shall maintain insurance coverage with respect to its property located in or on the leased premises. The County will ensure that the building property damage coverage is maintained, but will in no way assume responsibility for State property on the premises. mmmilimmm 11. O2&ancellation This lease agreement may be cancelled upon 60 days prior written notice by either State or the County. Upon termination of this lease, the State will peaceably surrender the leased premises in as good order and condition as when received reasonable use and wear and damage by fire, water, riots, ins•irrection, public calamity, by the elements, by act of God, or by circumstances over which State had no control or for which the County is responsible pursuant to this lease, excepted. 12 . Notice Any notice or written communication related to this Lease Agreement shall be deemed effective if mailed or delivered to: 1. For the County Purchasing Director P.O. Box 8181 Hillsborough, NC 27278 2. For the State Employment Security Commission P.O. Box 25903 Raleigh, NC This the day of , 1987. 025 • IN WITNESS WHEREOF, the parties here unto cause this Lease Agreement to be executed in their respective names: this the day of , 1987. State of North Carolina County of Orange By: By: Director, State Property Office Shirley E. Marshall Chair to the Board of Commissioners Attest: Beverly A. Blythe Clerk to the Board Approved as to Form: Lacy H. Thornburg Attorney General Associate Attorney General Geoffrey E. Gledhill County Attorney ' I Q a6 • STATE OF NORTH CAROLINA COUNTY OF ORANGE I � , a Notary Public in and for the County and State aforesaid, do hereby certify that this day appeared before me and acknowledged that he/she is Secretary of the Board of County Commissioners of County and that pursuant to a resolution duly adopted by said Board, and as the act of County, the foregoing - instrument was signed in its name by Chairman of the Board of County Commissioners , sealed with its corporate seal and attested by himself/herself as Secretary. WITNESS my hand and Notarial Seal , this the day of , l98 Notary Public My Commission Expires: • _y. on STATE OF NORTH CAROLINA COUNTY OF ORANGE I , a Notary Public in and for the County and State aforesaid, do hereby certify that CHARLES L. HOLLIDAY, personally appeared before := : me this date and acknowledged the due execution by him of the foregoing instrument as Director of State Property Office of the Department of Administration of the State of North -- . Carolina;':` for_ the purposes therein expressed. WITNESS my hand and Notarial Seal , this the day = of 198 Notary Public My Commission Expires: ORANGE COUNTY 028 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. Fra MEETING DATE MAY 2, 1988 SUBJECT: FIREWORKS PERMIT; SPECIAL OLYMPICS *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 497 LETTER OF REQUEST CERTIFICATE OF INSURANCE; SPECIAL OLYMPICS ADDITIONAL INFORMATION; SOUTHERN INTERNATIONAL FIREWORKS, INC. PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To consider approving a permit for a fireworks display in conjunction with the N.C. Special Olympics State Summer Games. BACKGROUND: The N.C. Special Olympics will hold their Summer Games May 13-15, 1988. They wish to obtain a permit to allow a fireworks display as part of the opening ceremonies at Fetzer Field on May 13, 1988. Information regarding medical and public safety precautions is outlined in Mr. Bolick's attached letter. The Special Olympics have met the County's requirements for: - adequate safety precautions for the public; - adequate law enforcement in attendance at the event; -- adequate medical care in attendance at the event; -- proof of insurance for the event holder (Special Olympics Inc. ) ; - proof of insurance for the company actually conducting display (southern International Fireworks, Inc. ) RECOMMENDATION: Approve a fireworks permit for May 13, 1988 (or rain date) to North Carolina Special Olympics, Inc. and to wish for them a successful event. • • 029 terelril Special Olympics P.O. Box 30191 Raleigh, North Carolina 27622 919/787-6714 3901 Barrett Dr. Raleigh, North Carolina 27609 800/843-NCSO North Carolina March 23, 1988 Pam Jones Orange County Government 300 W. Tryon Hillsborough, NC 27278 Dear Ms. Jones: North Carolina Special Olympics, Inc. seeks the approval of the Orange County Board of Commissioners for us to conduct a fireworks exhibit in conjunction with our 1988 Special Olympics State Summer Games. Per your request, the following information is provided: 1) North Carolina Special OLympics State Summer Games, May 13-15, Friday, May 13 , 1988, Opening Ceremonies, Fetzer Field, UNC-Chapel Hill. 2) Fireworks display at approximately 8:45 pm on the 13th to be fired from Ridge Road in front of Boshamer Stadium on the UNC-CH campus. Fireworks are being furnished and fired by the employees of Southern International Fireworks, Rock Hill, SC. 3) A request has been submitted to the Town of Chapel Hill to close this segment of Ridge Road from 8:30 to 9:30 pm. 4) This location is situated beyond minimal standards for safety for the crowd in Fetzer Field Stadium. Created by The Joseph P. Kennedy, Jr. Foundation for the Benefit of Citizens with Mental Retardation. 5) UNC-CH campus police, To of Chapel Hill police,°`� Fire Department, Rescue Squad, and a Special Olympics medical team being supplied by Memorial Hospital, will be on hand for the event and will provide safety. 6) North Carolina Special Olympics, Inc. , has current insurance coverage with the Insurance Company of North America of $ 1 million General Liability Insurance, and an additional $ 4 million Blanket Bond Liabilty for protection. Please see the attached documents. The 2,000 plus Special Olympics athletes, volunteers, guests, and spectators expected to be present at the Opening Ceremonies of this event will appreciate the consideration of our request by the Orange County Board of Commissioners. Please call me if you have any questions. Sinc - el , • lan L. Ex- ive Director cc: Wayne Seals, Director 1988 Summer Games 7 "4.7% ''• --.• ;"--:-.''''.: ..-''''`.; E T ..:.,. lcA. .7.7 „... .., ,..,.. ., . _.,.. ' . ':'.--''' -.-7' ' • ' ' • ' C. ft • rF . •, ,..., . . ., .;:,.. .:. , PRODUCER 031, i ...., ,-..,...tf-ICA.'' I'. ISS1 if I) 4'3 (1 MA' T1 R.HI INFORMATION ONLY It . r4,, :4, ..i t j•- .,Itf);•4 'III t...:{-rt i It. A 1 L HoLDLk. THIS ,1:-.- : .•! .! t, i.,■I 1,,)1 '','',; --,•_, 7..f.. I T I L I cn-+ A:.1 IT R 11117 CCIV UR- :/ •• ,`4-.. THE CIMA COMPANIES INC , .::.,,, .,, i ,,,,,„ !, (3,,- •;..; 1..,,..... i;:.! `.: IA 1.. I ( V.' •';'''II, PEyTON ST !- 716 S REET .,„ .„.. --.,-t-•:::: •• A 1 F x I,:A 23 PI , COMPANIES AFFORDING COVERAGE =., ,..,. RELIANCE 8PECIAL PISF .., ••••...„-:-. A . ., :„....., ..., RELIANCE SPECIAL RIS-R— •:....-,-, .. . . it-• ,••12--,;!. , . '---,.• INSURED , ; , • • - .---, -,-.....e.3' SPECIAL OLYMPICS INC CIGNA CORPORATIoN NY AuF NW 4500 C •,1-'. WASHINGTON DC 20005 D ..... „, :0- r ?•''s. ',V._;?,.••:, COVERAGES,'-':-:;.;.:!.:.:,- .:: :•:::',"Z.,::::-.,: 4;_ :.'X'elt"A '..*:,,:atl-6'144,-:.qk:4,-A-,7:k1.-.'" .:::** --=',_,-grr -7,::4.:;: ii-P::Y:::-:.. ..'.•::::,,;::-7.-;: .:.: ,.-'.., ... .., :-, .. •- .---,. .- , z TH1sJs TO cERTIF"Y THAT l'OL ICI! S 01 ir,:-.7,.:1,:':•r47. i.. I --7 , :-. . T i s.. .•.'','' .'2 : ''' i•■,. ' . .' ',!■ 'r'■. URI ;) r.z..roil,c.r ABovE. F OI-2 THE POLICY •1:',''-74.,....7 PERIOD INDICATED_ NO1 WIT HST ANF,INF: AI-1.,' i-•I .,:'Ilk, ..-- 7.7. 7.7 I•i, -. •`1-41.o1 :.',-. '•I. 1.'.• 7-.7.r-Jit.,,,AcT 01-z e)tHr A DOCUMENT WITH .•:, i7.. ..kl.,.7'..._', RESPECT TO WHICH THIS CF;z:Tlf ICA1 C :".5 A',. RI l'_:':-'.! I - '•,, . : -'1= 1.0 I ...- '-.. P1.1 I3'■• 1111. POLICIES DESCRIED - •-■EREIN IS SUBJECT To ALL THE 1 Epros, L.x<. LoN,... ..--..:, : •-:.;, - ,r.1. ,,, ,,,,,' •- ,,..: : :• •-,. - .4 • -..''';,:•‘:. _ ______ — — :,- ,-,,..... . i . 1,--1.1-;;;.1 r',' t.1%11 1 5 IN THOUSANDS :- TYPE OF iN.7. “-./ANC.t 1 , . • .... • ---- . - - -- . . , ..,,„ , .1,;(,Rt 1.:ATE I! - • • -• '• i•%-- _. .. 4. GENERAL LIABILITY : E L0693758--c.!J. 7/01./87 7./01 ..-1-_-.-:- -7 , Cr..-”,APP,f-HEN,S•VI. I I'-'1,v 0 . :,..■ ..-".100EM'SFS,C,P1,4 AT,',-, , N-",...,,• -1.4::::-t,-,t. LN5PC•FI(:4,JND i , , r ',.: EXPLOSION It COLi4I-'!..I 1-.4.,"(,-:, : , /p.,0„ ,,,Ts comp.LE TI I: III 1-4 ,•.,. • ' :i'l...i: ›.1C■DNJTP.I.C.rca,I., :'•:,I.;'- i 0 0•'‘, 3&F r:- :',.".g ',.. - ... !i.I-...7- 1e17OAC)1-,.).-w Fr:op,.p,, ,-;,...,, . 45 . ,..scg,..al.IN.;uf-ly ' ;. _;.05,..31.4,-,:. IN n I p y 1 , 000 t...,,,:- ...0.=1;.• _ . _i _ AUTOMOBILE LIABILITY E 8 07-18037 7,101/87 101/88:: •.-. ..: • 1-.-1.., • _._ ''''- • -- i,. .f.:4! ,.•.„. . •...,,..,. : . :.:„ ;A',_•.r!...:t•o ;7-...':•..,l• --;--,, ,,-. ,' L--4. . .. Er':,•—_ .. .• . .. . . 1,.•-• KV-, 1_1.•.---,,,--,_, . .,,,-!•:.,7- . .::. .. EXCESS LIABILITY uL,-.r, - -.1 , ..,. 1.---- 6 , 7/0 i/P7 7/01/Se , . , -.I....,....F-E,". .,-.,-, -,i !, 000 1 if* WORKERS'COMPENf.A1!6% I (--. ANL, ,,aLl 0,..I.:i■lEhtli I t e.nel fAl'- EMPLOYERS LIAEIL;Ty . : .■•:-..., , .',•1 FIVI•Lt.)Vti '.. Ir..• -•'- OT!-IrP, . ' .-.EI ji DEsc 1;:-.-,,•-■■4 ••-)1:- c■‘-■'.i,:.::,1 ••- -r.s/Afr . , . . ' NORTH CAROLINA SPECIAL OLYmPICE. IS A f k ■ NAmED INSURED uNDFR THC CAPTIONED , P ' poLIE.:IE.: i.....ce13-1-4•IiltA.4.1t4,162-zm1,7_71g,.,tclatiopr,,,,47,:,,,..,:7.,,,--!::,---,T-,:-.1,-c•-x•:-•-_,-7•---.•:q-,sfi, ----.,.11,--raralizwassit . • • , — --.4 . ..,-. - -..,,,,sy..„-4-r,,,, c: ,, ----. -:_.•;..,• ,..!44,,r-",..-7'.,- -*-140,#q■ 0:.! ..-- Li • NORTH • r.:A R 0 L"T i•-I A S P E C.I t;1_ ‘:,,f•.., 0' 'T''i'';P I C 3 ,.. P 1-: F:0X 20191 - - --- --- -- ..-• -. :.. .!1`1..:1 1-- ,:.1CiES BE CANCELLED : 1,- '• V-- . ” ,.-..--; •' - !' ' --:! -- ,,: ,,, .. s., •ISSuING COMPANY ;- I-I/4,1S VVI-41T I EN NOTICE TO ;7.'::.' ' • - ', • — .••,: .. •• -- -- ---. ' • .Ili : k r T, BUT FAILURE TO /1.-'. -. - . .•.• , • : . . • - - --... -". ••• . • ri:,:,,i,1 I.)T4 OR LIABILITY OF t RALEIGH NC 2627:. 1 ' .• ..-; .. •. • ..-. '• •,.. . • . • . . •. .. . . . „• ,...„ 1.114 F-0 E PI4 ESL NTAT IVES. • . , . __________ ._....... � ,,�.: 032 fib pik .I I .1. Headquarters /1/i, ` \ 1 Sales& Marketing P.O. Box 11645 1 1 P.O. Box 8340 Rock Hill,SC 29731 /1I Atlanta, GA 30306 803-324-3033 / / 1 ' �� 1` 404-924-1777 Telex: 4950676 - March 21 , 1988 Alan L. Bolick C/O N.C. Special Olympics P.Q. Box 30191 Raleigh, N.C. 27622 Dear Mr. Bolick: In regards to yotiir phone call on April 21 , 1988 I have enclosed the following information concerning the fireworks operators for your show on May 13 , 1988 . Shooters: 1 . Alan Putnam - Licensed 2 . Joel Matthews - Licensed 3 . Jeff Matthews - Licensed 4 . Gordon Summey - Licensed All of these gentlemen work for Southern International and have had many years experience. I hope this information will be helpful to you. I have also enclosed a couple of copies of the certificate of insurance for you to obtain your permit. If you need anything else please let me know. Sincerely, dCjj't C . PtCLU I.0 G Gary A. Partlow, President Southern International Fireworks, Inc. GAP/la CC;Enclosures 0rdp. CERTIFICATE OF -INSURANCE • ' _. _ • ISSUE DATE(MM/DDiYV) PRODUCER 4 t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Southern In ti oval, IncNO RIGHTS UPON THE CERTIFICATE HOLDER_THIS CERTIFICATE DOES NOT AMEND, 1146D East White St. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_ r; ; Rock Hill, South Carolina 29730:f� COMPANIES AFFORDING COVERAGE COMPANY LETTER A Sou lPr INSURED LETTER in B CIGNA� N.C. SPECIAL OLYMPICS COMPANY P. O. Box 30191 LETTER C J: Raleigh, NC 27622 COMPANY LETTER SOUTHERN INTERNATIONAL COMPANY FIR_EWiRPS I LETTER E '"'"- - THIS IS TO CERTIFY THAT POLICIES OF•INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURy -'f: '. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT OTO WHICH THIS CE TFD'IICAITE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- iY.. TIONS OF SUCH POLICIES. 1``:; CO TYPE OF INSURANCE POLICY NUMBER I POLCY EFFECTIVE POLICY ExPAATJN LIABILITY LIMITS IXMOM PATE,MM/pp/YY) _ n' DATE(MMIpO.'VYI LAC'[ ;,GG.FG-T .. GENERAL LIABILITY ?GCvF uEtiCE E r': COMPRErIE`.SI E DR;; I IBOLIR ir ;NJLIRr 1$ PREMIJES;urE7r'IC':S i ��..� Vim. ;I'_� UNDERGROU'J0 PFaOPER1Y� ■ EXPLOSION; COLLAPSE HAZARD DAMAGE S '- ■ PRODUCTS•CONG,ETED OPERATIONS t° ■ CONTRAC1UAL GA 1988 01-01-88 01-01-89 HI s PD I •�`,1 ■ INDEPENDE'. RAC T ORS - 1' 8 8 I "s� COM61NED {$ T _..r T ir BROAD FORM PROPERTY DAMAGE g , PERSONAL NUR PERSONAL INJURY :T. $ AUTOMOBILE LIABILITY 300 000 ANY AUTO I 1 &-.),• '.= 1 •. , I 1.xa a•q,..:N I$ =_ ALL OWNED A:_ITOS'PRIV. PASS.i 1 S 7THER THAI: I 1, T° ALL DY✓NEO T FRIV P„55 � ' ■ HIRED:L'TO$ i I ca;,;,,-_,2p.” $ I te, NON OWNED A' TGS I I :DA'PFATY •- GARAGE LIAS VT`' Do.a,urE $ EXCESS LIABILITY I - - r- I 'OTHE~•!THA. ..: =E__ ^ORtJ: i. I C:34�51eD I S i$ 1 WORKERS-COMPENSATION ry .7 I TA-JTQRY _= AND I C2 /1 ! 2 23 2 1 $l00I( E ri± A,iI;E 'z EMPLOYERS'LIABILITY I $10 gIDISE.SG. (i!'C'r :ry'I { r 1 -I OTHER ADDITIOWAI, I —��__.,�__,__� -LOO�{IOISEiwi% r=Yt�_,�vrrl: ;=P INSURED: North Carolina Special Olympics r DESCRIPTION OF pF FRA1°J V$iLOCAT)ONSNEHICLESr$PECIAL ITEMS —�� Display site Chapel Hill, NC- :7: U. of NC-Chapel Hill - .• .1; Display on: May 13 , 1988 or alternate date .- , _ -- • =. _ ='rANCEL1a1Tt .. ...- ,- _ -•. __,3 `` Mr+ Alan Bolick SHOULD ANY OF THE/ABOVE DESC-IBED POLIC'- = CANCELLED BEFORE THE EX- _:;, P.O. Box 30191 PIRATION DATE THEREOF, TH 'IS - COMPANY WILL ENDEAVOR TO MAIL 1GDAYS:'WRITTEN'NO - 0 THE CERTIFICATE HOLDER NAMED TO THE '�, F'` = LEFT.BUT FAILURE:TO MAIL QTICE SHALL IMPOSE N OBLIGATION OR LIABILITY ti; Raleigh,gh, NC 27 622 OF ANY KIND UP: T. OMP`4 ', ITS AGENTS OR REPRESENTATIVES- AUTHORIZED REP• - gx1VE • — — .. «.r� w .',T'i"=','ia'+I - ii. y�, .c. _ .. . <- •rte•:�-,.- �T �:':,: ����TT..,e.: � �0ys v:� -v' L:,-, 7 `N``."': •',�,.-,: *'. . ,.. ....ii'''';' ,...yam. 'ir...• i� .'Y �k`f.F•�Y� ��_ �.�� a��,• .��.37c[y _:;�` .{- � _� dt� _ {.w•FkfHw ,., ... 'r.` ,-�a :. .:;P4. . ,- .. „,•x� .. .± „4',,..:&7;.," , `� 4:::: :"7, ± ' -,' -,2 ?:�" . NSU..RA10E - ` >:'' ',•'::'r. P RODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Bout]ern International I��`r I NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS CERTIFICATE DOES NOT AMEND, . . 1 ou u East White St. + EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B O . ;.- Rock Rill, South Carolina 29730 I — -----_-� COMPANIES AFFORDING COVERAGE LETTER SC7Lit �< INSURED - -.�� COMPANY g ��` ` LETTER CIGNA 1, ' N.C. SPECIAL OLYMPICS ' COMPANY `.���-��� — ...�--.-..__, 4 P.O. BOX 30191 ; LE TIER C Ralef . .. „ .. _, Y. c�h, NC 27622 _ rbrlPa�Y D uM1: LETTER _•{. ,k:_: SOU TH ERM INTERNATIONAL - ce,m.A::v -.�-_�.,�-- --._.-_•-- —-..-----__. ;.'+;`. .J . _ -r.. ....-f'k`-'' 7 `-)-,:eFAY-':��t'•ik w ., .rki1 i:.' r*j:; _ _ _ y-.. • `K... $ _•ii_i.� �C r'- ���� 1::�y„s�i ���J..i!'�'_._•: THIS)IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD _ 1, , NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OH OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POE;CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS,AND CON01- - TIONS OF SUCH POLICIES. r`= .�-�- ter.- -- • �____ _•r TYPE OF INSURANCE I �1-.- �OLICY NumBER :,.iT,,E I ,' , L;A_iLITY LtmilS I- ''_, . ,li GENERAL LIABILITY _—_.-.� � „ .a AG,; F.GP*E 7.t.,f V COMPREHENSIVE FORM �.�f„l.f ■ P iEMISCS/OPERATlO:.:> I 1pf I C - -- i - - -- .. —•. ■ UNDERGROUND i i� = EXPLOSION&COLLAPSE HAZARD j •r"HOPEgrr i j I GAMA sF I I - ' ■ PRODUCTS/COMPLETED OPERATIONS L •CDNTRACTUAL I GA 8 II INDEPENDENT CONTRACTORS RACTORS ' 8 -'� 1 -F.9 " P° �. 3i--�i- 1,„,,,B:r•::DI � t BROAD FORM PROPERTY DAMAGE Q j 000 ? • ! PERSONAL INJURY I �� �'- ■ I PERSONAL INJURY I i I yy _- AUTOMOBILE LIABILITY -- i 300 I ....': ANY AUTO I ■ ALL OWNED AUTOS(PRA' PASS I I i 'X ; ;� ALL OWNED AUTOS( 'F.R "RAN I 777T-------1 HIRED AUTOS Pql`: PASS I -_C�:r:.I S _ i NON-OWNED AUTOS GARAGE L ABiLlr, �'f"�F is EXCESS LIABILITY -. � ' _� ( UMBRELLA FORM I -__� OTRER TH UMBRE ' F ..:.1 i- I] I , 'Jr.tnNEG I 's WORKERS' COMPENSATION - -... a ... ,...i Ill AND C2 ? 2 - fiiiiEMPLOYERS' LIABILITY LJ I - ' n l ['•-z I OTHER q7� 7 __. ^- l l?,,;; r;'-;!IC,;!;: -...i. ADDITIONAL �• wr- 11-IURED: North Carol in S al Dillard f� .I DESCRrRTiON OF OPERATrOrJSiLCcATION r, S;VEH!�..ES;SPFoLdi ,7rr!5-- •-—•-- �.._� - - -..- ._-,_._.. - - - '..�,.K " of iYC•'�` � Dist'iay cite: Chapel P ?i, NC ,.. :a: pet Hill ,i 1 Di�s►Y�lay /��on: � May 13 , 1988 or alternate date '• ., -11r. Alan Bolick fir k _ •K^ :w,:ti �s:�: = SHOULD ANY OF THE ABOVE OESSCRIBED PQLIC,r_.;43E CANCELLED BEFORE THE EX- �. . -,4 P.O. Box J �gl - PIRATION DATE THEREOF, THE IS COMPANY c MAIL 1 0 DAYS WRITTEN NOT I .• OMPATE .O D MED T E 24.-•,,;` THE CERTIFICATE HOLDER NAMED TO THE Raleigh, NC 47521 -: LEFT.BUT FAILURE TO MAIL NOTICE SHALL IMPOSE ',-. • a,” OF ANV KIND UPON 7 OSE NO OBLIGATION OP,LIABILITY i(: r r16 COMCANY, ITS AGENTS OR REPRESENTATIVcS, ? l_- AL:7-1C,�,ZEC REPRE^'F,;TATIVE ----�-••-- •-- .._ -- ---.- . .-. -- ----• _. _ y .X. -r .r -.,. fix xy:ti,3 ��-.• •�.��r�'� ,:�;r ,:y �•���..�,�, •����' � �,;>~.�"pd��. °.k+'��.ws�;x!�ti.ri�.,� r:3"�,�•� _ - Ip vc-r !`1?¢y.. .3.f5 y.. 4s t, 1r J- -,' f.E- Y ,_. _ •._. - ,DTI 035 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. p•`7 MEETING DATE May 2, 1988 SUBJECT: CONTRACT APPROVAL; ARCHITECT FOR PUBLIC WORKS ADMINISTRATION BUILDING *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 497 CONTRACT FLOOR PLANS PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To approve a contract with Lucy Carol Davis Associates to provide architectural services in conjunction with the Construction of the proposed Public Works Administration Building. BACKGROUND: The construction of a Public Works Administration Building is funded at $130,000 in the 87-88 budget. Following approval by the Board, construction documents will be prepared and bid solicited with a targeted construction commencement in early July, 1988. The architect was selected based on availability, past work performed in the community and how that meshed with the goals for construction at the County facility, as well as cost. The fee schedule is based on the curve for architectural and engineering services as published by the N.C. Department of Administration -- Property Control & Construction Division and, is quoted at 8.4% of construction cost. RECOMMENDATION: Approve the contract with Lucy Carol Davis Associates, and authorize the Chair to sign on behalf of the Board. T H t A M E R I C A N I N S T I T U T E O F A R C H I T E C T S 63g j a� AM Document B141 Standard Form of Agreement Between ': Owner and Architect 1987 EDITION THIS DOCUMENT 11AS IAIPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: (Name and address) Orange County • 300 W. Tryon Street Hillsborough, NC 27278 and the Architect: (Name and address) Lucy Carol Davis Associates 314 University Square West Chapel Hill, NC 27515 For the following Project: (Include detailed description of Project, location, address and scope.) Administrative Building for the Department of Public Works with _ : interior design services and Site Planning for future facilities • The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948. 1951, 1953, 1958, 1961. 1963. 1966, 1967,1970, 1974,1977,(51987 by The American Institute of Architects, 1735 New York Avenue, N.Vf'., 'Washington, 1).C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. MA DOCUMENT B141 • owNER•ARCIIITECT AGREEMENT• FOURTEENTH EDI]ION • AIA•0 • t719R7 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WAS!IING1 ON,D.C.20006 B141-1967 1 037 • TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development'Documents ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents tor fix and describe the size and character of the Project as to architectural, struc- 1.1 ARCHITECT'S SERVICES tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may he appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments .consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall he performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner,the 2.4.1 Based on the approved Design Development Docu- , la Architect shall submit for the Owner's approval a schedule for ments and any further adjustments in the scope or quality of the performance of the Architect's services which may he the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Spccifica- bons setting forth in detail the requirements for the construe- approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to Condi- tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2-4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as pan of Basic Services,and include normal strut- 2.5 BIDDING OR NEGOTIATION PHASE tural, mechanical and electrical engineering services. - 2.5.1 The Architect, following the Owner's approval of the 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids — O nee to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE--ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and cnnstrurtsn'i budget requirements, each in terms of the other, subject to the limita_ 2.6.1 The Architect's responsibility to provide Basic Services tions set forth in Subparagraph 5.2.1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.2.3 The Architect shall review with the Owner altern:uirr at the earlier of the issuance to the Owner of the final Certificate approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based on the mutually :tweed-upon program, schedule •' of the Work,unless extended underihe terms of Subparagraph • and construction budget requirements, the Architect shall 1U-i-3• prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not he restricted,modified or extended without ' written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, • withheld. A1A DOCUMENT B141 • OWNFK-ARCI IITFCT AGREEMENT • FOI'It i EEN,I I EDITION•AIA' • (019g7. TEEE AMERICAN INSTITUTE OF ARCHITECTS,1735 Nrs'YORK AVENUE,N.R'.,V:'AsI IINGTON,D.C.2tJ4Hk 8141-1987 2 038 , 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work.(2)reviewed construction means,meth- and consult with the Owner(1)during construction until final od5, techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due,and(2)as an Additional Ser- •of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cot- pliers and other data requested by the Owner to substantiate rcction period described in the Contract for Construction.The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act On behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2,6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate dares not conform to the Contract Documents. Whenever the to the stage Of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar [ion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contact Docu- ner indicating that the Work when completed will he in accor- meats, whether or not such Work is fabricated, installed or dance with the Contact Documents. I1owcver, the Architect completed.I lowever,neither this authority of the Architect nor shall not he required to make exhaustive or continuous on-site a decision made in good faith either to exercise or ndt to exer- inspections to check the quality or quantity of the Work. On cisc such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall•endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. Wore extensive site 2.6.12 The Architect shall review and approve or take other representation iser in rag be agreed to as an Additional service, as appropriate action upon Contractor's submittals such as Shop described in Yaral;rnpl�3.2.) Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking For conformance with information given and the design concept expressed in the Contract Documents. and shall not he responsible for construction means,methods, The Architect's action shall he taken with such reasonable techniques,sequences or procedures,or for safety precautions rem rtes as to cause no delay in the Work or it the con and programs in r connection with the under Work, since era these are promptness of the Owner or of separate contractors,while allow- Construction.the Contractor's responsibility under the Contact for ing sufficient time in the Architect's professional judgment to Construction. "i•hc Architect shall not be responsible for the permit adequate review. Review of such submittals is not con- Contractor 5 schedules or failure to carry out the Work in accor- ducted for the purpose of determining the accuracy and corn- have with the Contract Documents. The Architect shall not pletencss of other details such as dimensions and quantities or have control over or charge of acts or omissions of the Cortese- for substantiating instructions for installation or performance of • other r perso Subcontractors,pu performing i g portions agents f or employees,W or of any equipment or systems designed by the Contractor,all of which •' other persons performing portions of the Work. remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise he provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spc- Architect's approval of a specific item shall not indicate dally authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect.Communications by and with the Archi- When professional certification of performance characteristics • tect's consultants shall he through the Architect. of materials,systems or equipment is required by the Contract Documents,-the Architect shall he entitled to rely upon such 2.6.9 Based on the Architect's observations and evaluations of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall mem will meet the performance criteria required by the Con- review and certify the amounts due the Contractor- tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a rcpresentation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and. and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3,for the Owner's approval and moot,that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that,to the best of the Architect's knowledge, information and • " may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract • Documents. The foregoing representations arc subject to an Time which are not inconsistent with the intent of the Contract _evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and.records written warranties and related -- that the Contractor is entitled to payment in tile amount certi- documents required by the Contract Documents and assem- J fled. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- , not he a representation that the Architect has(1)made cxhaus- mcnt upon compliance with the requirements of the Contract tive or Continuous on-site inspections to check the quality or Documents. AIA DOCUMENT BlaI • OWNER-ARCIIITECT AGREEMENT• FOURTEENTH EDITION• MA' • ©19R7 3 B141_1967 TI IF.AMERICAN INSTITUTE OF ARCIIITF.CTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 I - 039 • 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- ceming performance of the Owner and Contractor under the tatives,•the Architect shall endeavor to provide further protcc- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall he made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall he 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: • .• sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not he liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- ect The Architect's decisions on matters relating to aesthe- tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of aides, laws the Contract Documents. or regulations subsequent to the preparation of such documents;or 2.6.18 The Architect shall render written decisions within a reasonable time on all claims,disputes or other matters in guess- .3 due to changes required as a result of the Owner's fail- lion between the Owner and Contractor relating to the execu- urc to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to,size,qual- 2.6.19 The Architect's decisions on claims, disputes or other it} complexity, the Owner's schedule, or the method of bid • matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5. vidcd in Subparagraph 2.6.17,shall he subject to arbitration as • provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawingss,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 arc not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described tinder Paragraphs 3.2 and 3.4 shall only he provided of such Work. if authorized or confirmed in writing by the Owner.if services 3.3.6 Providing set-vices made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to con- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent A(kli_ with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection-with a public hearing, gallon to provide those services. arbitration proceeding or legal proceeding except where the • 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3-9 Preparing documents for alternate',separate or sequential • 3.2.1 If more extensive representation at the site than is. bids or providing services in connection with bidding.negotia- described in Subparagraph 2,6.5 is required,the Architect shall lion or construction prior to the completion of the Construe- provide one or more Project Representatives to assist in carry tion Documents Phase. ing out such additional on-site responsibilities. - 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall he selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- ` sated therefor a`agreed by the Owner and Architect- The ming the requirements of the Project. duties, responsibilities and limitations-of authority of Project 3.4.2 Providing financial feasibility or other special studies. •.._. Representatives shall he as described in the edition of AIA Document 13352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT B141 • owNFR-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AIA. • IKI1987 THE AMERICAN INSTITUTE OF ARCIIITECTS,1735 NEW YORK AVENUE,NW.,WASIiTNG'tON•DS:20(416 8141-1987 4 • 040 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project, costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect,the Owner shall furnish cvi- and equipment. dence that financial arrangements have been made to fulfill the Owner's obligations under this Agreement. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 act on the Owner's behalf with respect to the Project. The other information sei services to verify the accuracy Owner. •of drawings or Owner or such authorized representative shall render decisions other information (urnisbed by the Owner• in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces and mirth- and sequential progress of the Architect's services. nation of services required in connection with construction 4.5 The Owner shall furnish surveys describing physical performed and equipment supplied by the Owner. characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site.The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner, grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor. signs and necessary data pertaining to existing buildings,other improvements and trees;and information concerning available 3.4.12 Providing analyses of owning and operating COSTS- utility services and lines, both public and private, above and •3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of.furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect.Such 3.4.15 Making investigations, inventories of materials or equip services may include but are not limited to test borings, test ment,or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- _I ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional '• based on marked-up prints, drawings and other data furnished recommendations, by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural, mechanical, chemical, operation and maintenance,and consultation during operation. air and water pollution tests, tests for hazardous materials,and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance counseling services as may be necessary at any time for the 3.4.19 tectural,Providing services of consultants for other than archi Project, including auditing services the Owner may require to tcrtural, structural, mechanical and electrical engineering pot verify the Contractors Applications for Payment or to ascertain tions of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance 4.9 The services,information,surveys and reports required by with generally accepted architectural practice. Paragraphs hs 4.5..throu h 4.8 shall he furpished at the Owner's f- g p g expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall he given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project qr nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including:t program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule.constraints and cri- submitted to the Architect for review and A-pproval at least 14 teria, including space requirements and relationships, flexi- days prior to execution.The Owner shall not request certifica- , hility, expandability, special equipment, systems and site Lions that would require knowledge or services beyond the requirements. scope of this Agreement. MA DOCUMENT 1141 • OWNE.R•AR(:iiiTECT AGREEMENT• Fn1IRTF:ENTtI ErMTION• Ale • ©19R7 5 B141-1987 . ' Tilt:AMERICAN INSTITi1TF.OF ARCHITECTS,173s NEW YORK AVENUE,NW..WASHINGTON,D.C.20006 . . 041 ARTICLE 5 .3 if the Project Is abandoned, terminate in-accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as L. required to reduce the Construction Cost. 5.1 DEFINITION 5.2.5 if the Owner chooses to proceed under Clause 5.2,4A, 5.1.1 The Construction Cost shall he the total cost or esti- the Architect,without additional charge,shall modify the Con- mated cost to the Owner of all elements of the Project designed tract Documents as necessary to comply with the fixed limit,if or specified by the Architect. established as a condition of this Agreement.The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall he the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. • equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. in addition, a reasonable allow- the Construction Phase is commenced. ante for contingencies shall he included for market conditions . , at the time of bidding and for changes in the Work during construction. ARTICLE 6 , 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, ' the Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4.' 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project arc instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary • and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any,prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall he permitted to retain copies,including repro- the construction industry. it is recognized, however, that nci- ducihie copies, of the Architect's Drawings, Specifications and tiler the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining hid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not he or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to . and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. cation to the Architect. ' 5.2.2 No fixed limit of Construction Cost shall he established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- heen agreed upon in writing and signed by the parties hereto.if tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall he permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,conn- ponent systems and types of construction are to he included in ARTICLE 7 the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ARBITRATION meets alternate bids to adjust the Constriction Cost to the fixed limit.Fixed limits,if any,shall he increased in the amount of an 7.1 Claims,disputes or other matters in question between the increase: in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- Contract for Construction. meet or breach thereof shall be subject to and decided by arbi- 5.2-3 If the Bidding or Negotiation Phase has not commenced — tration in accordance with the Construction industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in Documents to the Owner,am'Project budget or fixed limit of i •effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall he filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion-Association.A demand for arbitration shall be made within Owner and the date on which proposals arc sought. a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In no event shall the demand for arbitration vided in Subparagraph'5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. limit; • 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, MA DOCUMENT B141 • OWNER-ARCItITECT AGREEMENT- FOURTEENTH EDITION•MA* • ©1957 THE AMERICAN INSTiTUTE.OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2r1U(1C B141-1987 6 -042 . except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect,and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase;or involving an additional person or entity shall not constitute ,3 Five percent of the total compensation for Basic and J consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person ours during any subsequent phase. or entity not named or described therein.The foregoing agree- ment to arbitrate and other agreements to arhitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall he final,and judgment may he entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any court having jurisdiction thereof. erred by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- • tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may he terminated h}• either party upon pertaining to acts or failures to act shall he deemed to have not less than seven days' written notice should the other part} accrued and the applicable statutes of limitations shall corn- fail substantially to perform in accordance with the terms of this mence to run not later than either the date of Substantial Corn- Agreement through no fault of the party initiating the temiination, plction for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for ser- . Completion. vices performed prior to notice of such suspension, When the Project is resumed, the Architect's compensation shall he equi- 9.4 r The Owner and Architect waive all rights against each table adjusted to provide for expenses incurred in the interrup_ other and against the contractors, consultants, agents and tion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may he terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions • i event that the Project is permanently abandoned. if the Project of the Contract for Construction, current as of the date of this '' is abandoned by the Owner for more than 9t)consecutive days, Agreement.The Owner and Architect each shall require similar , the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall he considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination. sors,assigns and legal representatives of such other party with 8.5 if the Otoner fails to make pay ntent n hen clue the Archi- respect to all covenants of this Agreement. Neither Owner nor sect for services and expenses, the Architect may, upon seven sent shall assign this Agreement without the written con- days'written notice to the Owner,suspend performance of ser- vices of the other. vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- . by the Architect within seven days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension:of services,the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall cm/tea contrac- 8.6 in the event of termination not the fault of the Architect, teal relationship with or a cause of action in favor of a third the Architect shall he compensated for services performed prior party against either the Owner or Architect✓ to termination, together' with Reimbursable Expenses then due ' and all Termination Expenses as defined in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses are in addition to compensation for discovery,presence,handling, removal or disposal of or expo- Basic and Additional Services,and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination.Termination Expenses shall site, including but not limited to asbestos, asbestos products, he computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of ter- mination, as follows: _ 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 Twenty percent of the total compensation for Baste exterior and interior, among the Architect's promotional and -.- and Additional Services earned to date if termination professional materials. The Architect's materials shall not ,� - occurs before or during the predesign,site analysis,or include the Owner's confidential or proprietary information if Schematic Design Phases: or the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 - OWNER•AkcIIIT-ECT AGREEMENT• FO11RTEENTtt EDITION• AIA • ©19R7 7 B141-1987 .TIIE AMERICAN INST'ITIITE OF ARCIrrTEGTS, 1735 NEW YORK AVENUE-NR',WAS1('N(:7YY',ID C.`IAN*, • 1 the specific information considered by the Owner to he confi- 10.3 PAYMENTS ON ACCOUNT OF BASICS 'ICES dcntial or proprietary. The Owner shall provide professional 10.3.1 An initial payment as set forth in Paragraph 11.1 is the credit for the Architect on the construction sign and in the pro- minimum payment under this Agreement. � \ motional materials for the Project. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service,on the basis set forth in Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended 10.1 DIRECT PERSONNEL EXPENSE through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per- and benefits. formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2,based on(1)the lowest bona fide 10.2 REIMBURSABLE EXPENSES hid or negotiated proposal, or(2)If no such hid or proposal is received, the most recent_preliminary estimate of Construction 10.2.1 Reimbursable Expenses arc in addition to compensa- Cost or detailed estimate of Construction Cost for such por- tion for Basic and Additional Services and include expenses bons of the Project, incurred by the Architect and Architect's employees and con- sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional . Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for sccur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. tiered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings,.Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's corn- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other ' overtime work requiring higher than regular rates. sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. - 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the 10.6.1 Records of Reimbursable Expenses and expenses per- --- Owner in excess of that normally carried by the Architect and tainingZn Additional Services and services performed on the Architect's consultants. basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of ff,, Dollars($500.00 ) shall be made upon execution of this Agreetrtt•r�teart12lRE1 to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (insert basis of compensation, including stipulated stuns, multiples or perceniaxes. and identify phases to wbicb particular method;of compensation apply. If necessary.) 8.4% of construction cost for building design with additional hourly rates for site planning and interior design (see 3.4.3 and 3.4.13 for definitions) . . AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AIA• • (01987 TI IE AMERICAN INSTITUTE OF ARCIIITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 8 044 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) - ) Schematic Design Phase: • • percent(15%) Design Development Phase: percent(20%) • Construction Documents Phase: percer t(40%) .;.... . , . Bidding or Negotiation Phase: percent( 5%) Construction Phase: - percent(20%) . Total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES • 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall be com- puted as follows: hourly rates as listed below: Principals Time $60/hour , Project Architect $40/hour Interior Design $40/hour Drafting Technician $25/hour . Administrative Support $20/hour 11.3.2 FOR ADD)ITIONAI, SERVICES OF TIIE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but excluding ser- vices of consultants, compensation shall be computed as follows: (Insert halls of crmtpensalion, in:'udinR rates aarl/nr multiples of Direct Personnel F_greuse for Principals and employees,and lde•tr((fy Principals and classify employees, if required.Identify specific services to winch particular methods of compensation apply, if necessary.) as in 11.3.1 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3A.19 or identified in Article 12 as part.of Additional Services, a multiple of ( 1.1 ) times the amounts billed to the Architect for such services. • (Identify sprafie Opec of nmsultams in Article 12 if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2.and any other items included in Article 12 as Reimbursable Expenses,2 multiple of ( 1 i )times the expenses incurred by the Architect,the Architect's • employees and consultants in the interest of the Project. . 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( •1 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be coMpensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable ( 30 ) days from the date of the Architect's invoice. Amounts unpaid ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) J (t/sure laws and requirements under the Federal Teeth in LendinR Art.similar stale and local consumer credit lards and other rvprdations at the rhtmer's and Archt- ten's principal places of business,the location of the Protect and&sem•h(re mar affect the validity of this provision.Specific legal adrice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or weavers.) AIA DOCUMENT 8141 • OWNER•ARCIIITECT AGREEMENT• FOIIRTEENTII EDITION• AIA• • t019R7 9 B141-1987 '►'I IF AMERIt AN INSTiTIITE OF ARCHITECTS.1735 NEW YORK AVENIIE,N.W.,WASHINGTON,D.C.20006 • 045 • 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (insert desc'riplinns of(finer services, tdenlifp Adds tholed SO-HMV included Within tiactc GtmnpenmNcm and modifications to the payment and mmper«atkm terms Drduded in MO Agreement.) This Agreement entered into as of the day and year first written above. OWNER ARCHITECT , l AL -AIL (Signature) — — (98 um? Lucy-Cart ol Davis (Printed name and title) (Printed name and title) AIA DOCUMENT Bill •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• • ©I9R7 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 10 -1"- ate, .*`;i .ir?',r• `. . .,.0..- ,_l I. 1 is IIII1 IIrI7 A IIIIIIIIIIIIE p 1lI1I111 1 1111 l I= IlIllIlIllIllhll 1 11 ! IPlI11111 _ in ees _ a s w . i Il :g iol ,s IIIIIIIIIII'IIPII1IIIIIIIII11IIIIIIIIIIIIIIIII re 11111 Zo t!1=== j$ 'ip a en a !till: X111 3 i ' I II1ii1 i i I pp:Iol__ Iii1;1# �� ' In ayZ���= = n ■ ■■■ o■ 1111111111111111111111111 r ■o ■ w" z � z L. z �,1e, is W # Ii!illLhhih011iiiiliuIiIiIlIIIø_ 1 .� 1111111111111 . Ria 7 p tee■ i s■ g 0 0 D` 5 Y z iiiiiiii Iii t I !IL 1I $I=ea 5.u_ >r§l$a x=■q ,,, 1 , a o=g:- _t urn i t -' n I R 1111 111.1 lln_l� o a �a { '191111111 iE 11 ' 3I�y • 4 � 11111111111111111 . p f as : ■ 1 I V ~ h ■S w I o -a. N � � 1�1� � . . .. _ _ = % hill 111 I II 1111 '-_ h1ililIilllilililOiOillh1l� V W ►— ¢ ¢ '�`= 1111 1 II 11 1 11 1 111 O u ='s'3= �n11 n :Iln lin n 1 u W -"""{ 11111 11 1 11 II III III III I *- `1 a 0 =la g= Or 047 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag nda Item No. (j1 ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2 , 1988 SUBJECT: Recommendation and Report on GIS for Phases IV and V of the Re-Mapping Project . DEPARTMENT: Central Land Records PUBLIC HEARING: Yes X No ATTACHMENT(S) : Letter to Manager . INFORMATION CONTACT: Roscoe Reeve Report GIS Evaluation Form. (Under Separate Cover) TELEPHONE NUMBER: Handout, "What is GIS?" Hillsborough - 732-8181 (Under Separate Cover) Chapel Hill - 968-4501 • Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the Base GIS Exploration Committee to recommend to the Board of Commissioners that Orange County obtain digital property maps , and a system with GIS (Geographic Information System) capabilities , as its preferred implementation of Phases IV and V of the re-mapping Agreement with L Robert Kimball & -Associates . BACKGROUND: In the 1987-88 budget process the Board asked staff to explore GIS as an option to the final (cadastral) phases of the re-mapping project . Staff formed a Base GIS Exploration Committee of potential major users , and they extensively explored the concept of GIS, read materials and reports , and visited counties and cities with GIS in operation. The Committee presented the GIS concept, its possibilities, limitations , potential applications , etc . , to all County Department heads , the Town of Chapel Hill , the Town of Carrboro, the Town of Hillsborough, OWASA, Duke Power, and UNC. It collected and summarized a survey of interest by all potential participants (attached) . The Committee now comes before the Board to recommend that GIS be the option of choice for the final phases of the re-mapping project, that began in 1985 . Upon Board approval , an "Evaluation" Committee of participants will be formed to look at existing potential systems , towards an RFP in the Fall of 1988 . It is proposed that the Base Committee supervise the receiving and evaluating of proposals ,. with a resulting recommendation to the Manager and Board. RECOMMENDATION(S) : That the Board of Commissioners approve the production of digital records of property and land features as the final two phases of that Agreement between County and L Robert Kimball & Associates , and that County evaluate and recommend a eograpphic information system (GIS) for purchase to implement the capability, subject to budget approval . ORANGE COUNTY 048 BOARD OF COMMISSIONERS Action Ag n a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 2, 1988 SUBJECT: REQUEST FOR WAIVER OF TOWN CAPITAL FACILITIES AND MAINTENANCE FEES/RENCHER STREET PROJECT DEPARTMENT: HOUSING/COMMUNITY DEV PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes TELEPHONE NUMBER- Hillsborough -- 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize a formal written request to waive Capital Facili- ties and Maintenance Fees for the Rencher Street CDBG Project. BACKGROUND: On April 4, 1988, the Board of Commissioners approved the execution of the Town of Hillsborough Water and Sewer Extension Contract pending approval and execution by the Hillsborough Town Board. This contract would allow the extension of water and sewer service to the Rencher Street Community Development target area. On April 11, 1988, the Hillsborough Town Board approved the Contract pending the clarification of details between the Town and County Attorneys . This contract requires that the County pay Capital Facilities fees (tap-on fees ) as well as a Perpetual Maintenance Fee for installation of a new sewage pump station in the project area. Since that time, County staff has been advised by the state that CDBG funds cannot be used to pay capital facilities fees for water/sewer construction costs . Additionally, CDBG funds cannot be used to pay maintenance fees . Presently, the Town is requiring the County to pay these fees . The estimated cost of the Capital Facilities Fees is $27, 000 and the estimated cost for the maintenance fee is $27, 000 . The payment of these fees would increase the project costs by approximately $54, 000 . Customarily, these fees are waived in order to make CDBG projects cost feasible. Therefore, County staff recommends that the Board of Commissioners request that the Hillsborough Town Board waive the capital facilities fees for the Rencher Street Project. This waiver is essential to the success of this application. RECOMMENDATION(S) : Authorize the Chair to make a formal written request to the Hillsborough Town Board asking that the all capital facilities and maintenance fees be waived for the Rencher Street Project. ORANGE COUNTY BOARD OF COMMISSIONERS 049 Action Ag nda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 2 , 1988 SUBJECT: SECTION' 202 HOUSING FOR THE ELDERLY APPLICATION DEPARTMENT: HOUSING/COMMUNITY DEV. PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes 1 -HUD 202 Fact Sheet 2-Letter from Community Housing Alternatives 3-Pre-Development Cost Sheet 4-Housing Consultant Contract 5-Location Map TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize financial commitment to InterFaith Council as a Sponsor of a HUD 202 Housing for the Elderly and Handicapped Application. BACKGROUND: The Greensboro Office of the Department of Housing and Urban Development has announced the acceptance of applications from nonprofit organizations for rental housing under the Section 202 Direct Loan Program for Housing for the Elderly and/or Handicapped. The InterFaith Council , a nonprofit corporation, has decided to sponsor an application for these funds with the cooperation and support of Orange County and the Town of Carrboro. InterFaith through its borrower corporation, Community Housing Alternatives, was successful in the construction of the Adelaide Walters Apartments in Chapel Hill under the 202 Program, which opened in the Fall of 1985. In order to develop an application for HUD 202 funds, InterFaith is requesting an initial $5 , 000 from Orange County as pre-development seed money. The services of Lane Sarver, a Housing Consultant from Chapel Hill with extensive experience with the HUD 202 Program, has been secured by InterFaith. (See the attached Contract for Consultant Services. ) In addition to the Consultant Fee, other pre-development costs may be paid with the initial seed money. Attached is an itemized budget for these costs. Applications are due on June 15, 1988. Additionally, a Minimum Capital Investment escrow of one-half percent of the total mortgage amount must be provided by the Borrower for a three year period. For this project , this would equal approximately $7, 500 . This money must be committed at the time of closing (approx. 18 months) and is retained by the Borrower in an interest bearing account for a period of three years. If these funds are not needed during the three year operating period for major repair items, the escrow is returned with interest . InterFaith is asking that the County also display their support of this project by pledging to provide the Minumum Capital Investment in 18 months if the project is funded. Fund Reservations will be announced at the end of September. This financial commitment by Orange County will display the County ' s support for this project which greatly improves chances for funding. This commitment will also be a method of implementation of the Low and Moderate Income Housing Task Force Recommendation by supporting the housing efforts of local social service agencies. 050 RECOMMENDATION(S) : 1 ) Approve the contribution of $5 , 000 as pre-development seed money to the InterFaith Council . Funds should be taken from the Rental Rehab Income Account which presently has a balance of $22, 140 . 2 ) Commit a contribution of not more than $7 , 500 as the Minimum Capital Investment escrow for the project . These funds should be taken from the Rental Rehab Income Account when necessary. If a Fund Reservation is obtained in September, those funds are estimated to be needed in November 1989 . Funds should be taken from the Rental Rehab Income Account . ALIT 1 FACT SHEET-HUD SECTION 202 HOUSING FUND RESERVATIONS SECTION 202 DIRECT LOANS: 2aBS 051 -Section 202 provides direct mortgage loans from HUD to nonproft sponsors of housing for the elderly and handicapped. -Loans cover 100% of HUD approved costs for buying sites, constructing buildings and paying related development costs such as legal, architectural and consultant fees, interest, organizational costs, surveys, soil engineering tests. -Terms are 9% interest for 40 years. -A Minimum Capital Investment escrow of one-half percent of the mortgage ($5 per $1000) must be provided by the 13 orrower for a three year period. For the Carrboro Apartments, this is approximately $6,500. If not needed during the three year operating period for major repair items, the Minimum Capital Escrow is returned with interest. -Sponsors must be private nonprofit organizations. Not eligible to receive funds under Section 202 are public bodies, agencies and instrumentalities of public bodies (such as housing authorities) and private for-profit organizations. -The Sponsor must have an IRS determination letter at the time application is made. -The mortgage will be in the name of a Borrower corporation, a separate entity created by the Sponsor solely for the purpose of borrowing the funds for this Section 202 project. While the Sponsor has no legal obligation under the terms of the mortgage, HUD expects full support by the Sponsor of the Borrower's activities, and will rank proposals on the strength of such support. SECTION 8 RENTAL ASSISTANCE; Each Section 202 Fund Reservation carries with it a commitment for Section 8 rental assistance for all units for a 20 year contract period. Rents are guaranteed for all units. -Residents of a unit pay 30% of their income toward the rent, HUD Section 8 pays the remainder of the rent. A typical unit renting for $400 might contain a resident with Social Security retirement income of $300; the resident would pay 30% , or $90, and HUD would pay $310. -All units are limited to occupancy by very low income persons, below 50% of median income for the county, who are either elderly (over 62 years old) or handicapped. O52 FUND RESERVATION APPLICATION PROCESS: - Award of fund reservation is on a competitive basis. - A scoring system rates and ranks competing applications within priority categories [Metro and NonMetro;High Priority and Low Priority, based on previous funding levels, by county] -Main scoring criteria are: a. Previous history and experience of the Sponsor in providing housing and/or other services to low income elderly or handicapped populations; b. History and experience in handling financial matters; c. Showing of significant financial strength to undertake the proposed project. [Current assets over current liabilities (due within one year), or Fund Balances, must show sufficient capital to cover pre-development expenses, the required Initial Capital Escrow and a contingency reserve for unanticipated expenses. Net Current Assets of$13,500 will earn maximum score in Greensboro HUD rating] d. Local Community Base - Support of the proposed project by all sectors of the local community will increase the score in the ranking system. Support by local governments, especially financial support to Sponsor, greatly improves chances for funding. -Applications for elderly must have site control(option, sales contract or deed), preliminary site and building plans. - Nonelderly handicapped projects do not need sites now. For 1988, funding availability is expected in late March, 1988, with applications to be due 1 June, 1988. Winners will be announced on September 30, the end of the Federal fiscal year. Sponsors who receive a Fund Reservation will be expected to close the loan and begin construction 18 months later. 1989 funding will be announced in early 1989. For More Information, call Dan McCanless, Chief, Housing Programs Branch, HUD/Greensboro (919) 333-5618. Fact sheet prepared by : L. Lane Sarver, Inc., Housing Consultant, (919)942-3464, P.OBox 3493, Chapel Hill, NC 27515 ATT C H NPl1TP 2 053 COMMUNITY MOUSING ALTERNATIVES % Inter-Faith Council for Social Service 207 Wilson Court Chapel Hill, NC 27514 929-6380 April 25, 1988 Ms. Shirley Marshall, Chair Orange County Board of Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Ms. Marshall: This letter is to formally request financial assistance from Orange County to assist in the development of 32 units of low income elderly housing. As you know, Community Housing Alternatives currently owns and operates 24 units of 202 elderly/handicapped housing in Chapel Hill, the Adelaide Walters Apartments. CNA was created in 1982 by the Inter-Faith Council not only to construct and operate those 24 units but also to pursue other opportunities to provide the greater community with sorely needed housing for special populations. Over the past several weeks we have had a number of discussions with Tara Fykes, of your staff, and James Harris of the Carrboro staff about the possibility of developing a low income elderly project in the Carrboro planning jurisdiction. We have a landowner who is interested in moving ahead with the project, and has agreed to the necessary option on the property. On April 8, 1988, the CHI Board formally approved its participation in this project, as developer and owner. On April 12, 1988, the Inter-Faith Council gave its formal approval to serve as sponsor of the development venture. What we need at this point is a relatively small amount of seed money to allow us ta;.ivelop an application to the Department of Housing and Urban Development for funding through their Section 202 program. Applications for this yearn a cle of funds are due June 15, 1988. To develop this application, we have secured the services of Lane Sarver, a housing consultant from Chapel Hill with extensive experience with HUD and the 202 program in particular. We also will need the services of an architect, as yet unchosen, to do a preliminary site plan, and an attorney, also yet to be selected. An itemized listing of seed money needs and amounts is attached. 054 Ms. Marshall April 25, 1988 Page Two The need for this type of housing is growing in our county, as we have seen during our operation of Adelaide Walters. If we can obtain funding from MUD, which we will know by the end of the summer, the 202 program will fund other normal development-related cost. All we need is a start. If you need further information, please contact me. My daytime phone number is 549-9046. I hope that this request. can be on your next agenda, and I will be happy to attend to amplify on this request and answer any questions. Sincerely nc[ dfrl Keith Aldridge President, Community Housing Alternatives enclosures AZTACBNOMT 3 0 55 PRE-DEVELOPMENT SEED MONEY BUDGET HUD SECTION 202 - ELDERLY HOUSING PROJECT 1 . SURVEY $2, 000 2. HOUSING CONSULTANT FEE 1 , 000 3 . LAND OPTION FEE 1 , 000 4 . ARCHITECT RETAINER 750 5 . LEGAL RETAINER 200 6. INCORPORATION FEE 50 TOTAL $5, 000 MINIMUM CAPITAL INVESTMENT ESCROW - NOT TO EXCEED $7,500 -- actual funds needed at the time of closing - Estimated November 1989 ATT 4 056 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOMENT GUIDE FORM OF CONTRACT FOR HOUSING CONSULTANT SERVICES FOR NONPROFIT PROJECTS UNDER SECTION 202 Carrboro Elderly Housing 1988 Fund Reservation This Agreement made this _ 25th day of April, 1988. by and between lz IpterFaith Council for Social Service. Inc,(hereinafter referred to as the Applicant) and L• Lane Sarver. Inc. (hereinafter referred to as the Housing Consultant). WHEREAS, the Applicant has formed or intends to form a nonprofit mortgagor corporation, (the term "Applicant " shall also include said mortgagor), to house elderly or handicapped families and persons in accordance with Section 202 of the Housing Act of 1959, and to make or cause to be made an application to the Secretary of Housing and Urban Development, (hereinafter referred to as Secretary), for direct loan to finance development of the project. WHEREAS, the Applicant desires to avail itself of the services of a Housing Consultant to assist and counsel the Applicant in matters affecting the initiation, processing, financing, design, construction, equipping, operations and management of the housing project. NOW, THEREFORE, the parties mututally agree as follows: 1. The Housing Consultant agrees to provide the following services for or on behalf of the Applicant in a manner satisfactory to Applicant and acceptable to the Secretary, which may include the guidance in the selection of other persons, firms or organizations with the capability of performing one or more of the services required: (a)Assist the Applicant in making an analysis of available market reports and other pertinent data to determine the type of housing for the elderly or handicapped suitable for the neighborhood or area where the project is to be located, the number of units planned and appropriate to the zoning applicable to the site and the approximate rentals to be charged and in collecting all information required to establish the feasibility of the project; (b)Assist the Applicant in selecting a suitable site for the development of a rental project for the elderly or handicapped and obtaining, if necessary, appraisals of the land from a qualified appraiser, and obtaining an option to purchase the land or otherwise arranging suitable terms for the purchase of the real property or, where appropriate, obtaining a long-term lease acceptable to the Secretary; (c)Assist the Applicant in negotiations with the Local Public Agency when the site is within an approved Urban Renewal Project area; (d) Assist in the conferences and discussions with the representatiaves of the Secretary to obtain site approval and feasibility approval of the project; (e)Assist in the selection of a qualified architect and in the negotiations for a contract to prepare preliminary and final plans and specifications and provide architectural supervision during construction; (f)Assist in the preparation of request for Section 202 funds reservation, Section 8 preliminary and final proposals, and request for direct loan financing; (g) Assist in obtaining a construction contract, either through a competitive bidding process or negotiation, which contract will incorporate the plans and specifications approved by the Secretary and provide for the construction of the project within a period allowed by the Secretary; (h)Assist in the selection of and arrangements with an attorney, to render to the nonprofit Applicant such legal services as are necessary to form an eligible nonprofit owner-mortgagor legal entity, to conclude an initial and final closing of the mortgage loan transaction; (i)Assist in organizing an eligible nonprofit owner-mortgagor entity to hold title to the real propetry, in fee or leasehold, and maintain and operate the project over the life of the mortgage in accordance with the requirements of the Secretary, Section 202 and the Regulations applicable thereto; page 1 of 3 HUD-92531-A (EH) (3-81) 057 (j) Assist and counsel the Applicant during the construction phase of the project in matters relating to filing application for and obtaining monthly construc- tion funds, coordinating and implementing changes in construction; and obtaining the service of a qualified person or firm to certify the project costs; (k)Assist the Applicant in establishing sound management and operating procedures , including the selection of a qualified management agent, and (1) Assist and counsel the Applicant in establishing appropriate methods of keeping records and accounting procedures to meet the requirements of the Secretary. Delete any of the above duties which are inapplicable and insert any other duties which the Housing Cosultant will perform. 2. (a) The Applicant agrees to compensate the Housing Consultant by payment of a fee in the amount of 2% of the HUD Approved mortgage amount. to a maximum of$20.000.00: plus 1% of excess mortgage amount Aver 51.500.000.00 to a maximum fee of S40.00(1.00 (b)The fee provided herein shall be due and payable in the following manner: 1. An initial retainer of One Thousand dollars ($1,000.00). 2. An additional amount to bring total paid up to 60% of total fee at Initial Closing. 3. During the construction, up to seventy-five percent (75%), less any previous payments. This represents an additional fifteen percent (15%) to be paid during the construction period. Payment of this portion of the fee shall be made at the time construction draws are made and amount will be based on percentage of completion. 4. The balance remaining shall be approved for payment at Final Closing. (c) If a retainer fee in the amount of S1.000.00 , as mutually agreed to between the Applicant and the Housing Consultant, has been paid by the Applicant to the Housing Consultant, it shall become a part of the total fee due hereunder. In the event a Section 202 loan is made by the Secretary to the Applicant, the first payment of the fee, as provided in Section 2(b) of this Contract, shall be reduced by the amount of the retainer fee already paid. In the event a Section 202 loan is not made by the Secretary to the Applicant, the Applicant agrees to forfeit the retainer and the Housing Consultant agrees to accept the retainer as full compensation under this Contract. This Contract will then become null and void, and the applicant shall have no further liability for payments due hereunder. (d) The fee shall include all those expenses of the Housing Consultant which are reasonably related to providing the services for the Applicant as set forth herein, including such items as travel and telephone expenses. 3. The services of the Housing Consultant are to commence upon the execution of this Contract and the work required shall be undertaken and completed in an expeditious and business-like manner. Failure to do so. or violation of any of the covenants, agreements or stipulations of this Contract by the Housing Consultant shall give the Applicant the right to terminate this Contract provided the Housing Consultant is notified in writing five days prior to the effective termination date. If so terminated. the Applicant shall have no further liability for payments due under this Contract. The Applicant reserves the right to reduce the total amount of the fee, based on its determination of poor performance or nonperformance of any of the covenants. agreements or stipulations of this Contract by the Housing Consultant; provided, the Housing Consultant is notified in writing of the basis for this determination and the amount of the reduction. 4. The Housing Consultant shall periodically submit written narrative progress reports to the Applicant. 5.The Applicant agrees to cooperate with the Housing Consultant in carrying out the purposes of this Contract. Failure to do so, or violations of any of the covenants. agreements or stipulations of this Contract by the Applicant shall give the Housing Consultant the right to terminate this Contract provided the Applicant is notified in writing five days prior to the effective termination date. If so terminated, the Housing Consultant shall be entitled to reasonable compensation for all work done under this Contract. 6. If at any time the Applicant decides not to proceed with the housing project. the Applicant shall have the right to terminate this contract provided the Housing Consultant is notified in writing five days prior to the effective termination date. If so terminated, the Housing Consultant shall be entitled to reasonable compensation for all work done under this Contract. page 2 of 3 HUD-92531-A (EH) (3-51) 058 7. In the event that a Section 202 loan is not made to the Applicant by the Secretary, this Contract shall be considered terminated and the Applicant shall have no further liability for payments due hereunder. 8. The Applicant may from time to time request changes in the scope of the services of the Housing Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Housing Consultant's compensation. which are mutually agreed upon by and between the nonprofit Applicant and the Housing Consultant, and are approved by the Secretary, shall be incoroporated in written amendments to this Contract. 9. To induce the Secretary to make a loan to finance the development of the project, the Housing Consultant: - (a) Agrees and avers that the statements certified to on HUD Form Number 92531-A under date of 25 April . 1988 are true, correct and complete to the best of his/her knowledge and belief; and (b) Agrees upon final payment of the fee provided above, to furnish to the Applicant a certified receipt on Form HUD-92531-B reaffirming the statements made in the aforesaid certificate. 10.In no event shall the parties to this Contract have or assert any claim against the Federal Government or the Secretary by reason of this Contract, or any action taken by the Federal Government with respect to the project or loan application, including disapproval of the loan. 11. The terms and conditions of this Contract are subject to the review and approval of the Secretary, including FHA-2530 Previous Participation review. 12. Notwithstanding the execution of this Contract by the Applicant and the Housing Consultant and the fact that work has commenced hereunder, the terms and conditions may be amended upon review and approval by the Secretary. IN WITNESS WHEREOF, the nonprofit Applicant and the Housing Consultant have executed this Contract the date first above written. The InterFaith Council for Social Service, Inc. L.Lane Sarver,Inc. BY: �r.J BY: iitiffilSrivirlf—' Nonprofit Applicant Housing Consultant (NOTE: Appropriate additional provisions may be added as requried and agreed upon by the parties to the Contract and approved by the Secretary.) WARNING Section 1001 of Title 18 of the United States Code (Criminal Code and Criminal Procedure, 72 Stat.967) shall apply to such statements. (18 U.S.C. 1001, among other things, provides that whoever knowingly and willfully makes or uses a document or writing containing any false, fictitious, fraudulent statement or entry, in any matter within the Jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or Imprisoned for not more than five years, or both.) Service to be Performed Percentage of by Housing Consultant Total Fes 1. Initial meeting with non-profit sponsor and formation of non-profit corporation 6% 2.Selection of development team 4% 3.Preparation and submission of fund reservation Application 8% 4.Preparation and submission of Conditional Commitment application 22% 5.Preparation and submission of Firm Commitment application 12% 6.Initial Closing 8% 7.Construction Period-site visits, preparation of construction draws,preparation of and advice regarding change orders & application for mortgage increase 15% 8.Cost Certification 796 9.Final Closing 996 10.Rent-Up 9-11 TOTAL 100% •If Borrower chooses to by-pass a phase of processing, the percentage attributable to the by-passed phase will be added to the next phase. page 3 of 3 HUD-92531-A (EH) (3-81) rip is .L0._•^'�.w� 1a- • { :oss z r n w Ae I 3/re N_89-57_96-E --- . - 818.35' 199.43' M I j ' 5- 3► I _C/N/T 1' MAP PARCEL Q1 i JOIftej Smith Pr P• 14 . 82 Ac. - 1 .c-4 _ • 0 p / IO . 60r_.AC.:.,: v o .-. .. .: T.. C5 s Q� o s , r - - • Q.-- Q C_J r, , - - O H GO'R/W - . .. . 14- y. .� �� •0 .7 n n ca Off .� v 9 4i_- 7-3— •- SEE N0 N - F• • ,°� n h - ronlrol corner // �p ‘° ti W O y y N 0 9 • N, Riggj6.. Prof. / PARCENor/ • r S / ® • ' o• JS II . 42 Ac. / y �4 O c_2 q9'is . ' 4:.. \ P - 59./3• - yZ°�Z c° ,„..•/ 5 DZ gyp' y� / 10'EASEMENT SEWER `*-1 'q '141 EASEA[ENT . _ e°• o Is _ A/ 6 r _ PARCEL '° . --� A . : _ N? - 5EE NOTEY �. g-__ .� -_. A -_- -: — 6110' y •a�y II. 63-Ae:-_ _. _ ;� _. . .�a - - G a °p_ 4 anti` • p s ' :s .. j'. ` :,," .=gym..' - \\/ A, , 4 060 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 2 , 1988 Action enda Item # (4 SUBJECT: THEODORE PARRISH, ET AL - PRELIMINARY ACTION BY: June 6, 1988 DEPARTMENT: PLANNING PUBLIC HEARING Yes x_No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plan Certification Private Road Justification Vicinity Map Agency Letters Preliminary Plan Draft Planning Board 4/18/88 Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the preliminary plan for Theodore Parrish, et al . BACKGROUND: This property is located in Chapel Hill Township off Mt. Sinai Road (SR 1718) . The total acreage of the tract is 10 . 01 acres . Four (4) lots are proposed which average 2 . 08 acres in size. A Class B private road (Running Green Road) is proposed to serve the four lots . The property is zoned Rural Buffer (RB) and designated Rural Buffer in the Land Use Plan. All appropriate agencies have reviewed the preliminary plan. The Town of Chapel Hill indicated a need for a public pedestrian and non-motorized vehicle easement along the eastern boundary of lot 4A. The plat has been revised to reflect this easement. 061 2 The N.C. Department of Transportation responded that the subdivision would not satisfy the minimum housing requirements for addition to the State system of maintained roads . The sight distance at the road intersection was adequate. OWASA indicated a need to reserve a minimum 30 foot wide sewer utility easement along New Hope Creek. County policy prevents the extension of public sewer services into the Rural Buffer except to address health emergencies . The policy thus prevents the reservation and/or dedication of sewer utility easements . The Planning Board at its April 18 meeting recommended approval of the preliminary plan with the following conditions : ( 1) That the plat indicate a 30-foot pedestrian and non-motorized vehicle easement; and (2 ) That the Road Maintenance Agreement state that in the event that Running Green Road is upgraded by development of the property to the east, the owners of the property in Theodore Parrish Subdivision as well as the owners of the property being developed to the east will agree to maintain Running Green Road in an upgraded condition (NCDOT standards) until NCDOT accepts the road for maintenance. RECOMMENDATION: The Administration recommends approval of the preliminary plan per the Planning Board's recommendation; provided, however, condition #2 should reworded to read as follows : (2 ) The Road Maintenance Agreement must state that if the Liddy Hart Heirs property (Chapel Hill, Tax Map 14, Lot 7A) or the M.D. Scott Heirs property (Chapel Hill, Tax Map 14, Lot 6) is subdivided, access will be provided to Running Green Road and the owners of the property in Theodore Parrish Subdivision will participate in the maintenance of Running Green Road to an approved higher standard, including NCDOT standards for paved roads . The Administration also recommends acceptance of the dedication of the 0 . 34 acre tract referenced recreation and/or open space on the preliminary plan. The deed submitted to the County should include the recreation/open space area as well as the 30-foot pedestrian and non-motorized access easement extending from Running Green Road. El> DRAFT 2 b. Preliminary Plats 062 ( 1 ) Theodore Parrish Presentation by Eddie Kirk. This item is for the consideration of the 1 preliminary plan for Theodore Parrish, et al. This property is located in Chapel Hill Township off Mt. Sinai Road (SR 1718 ) . The total acreage of the tract is 10 . 01 acres . Four (4 ) lots are proposed which average 2 . 08 acres in size. A Class B private road is proposed to serve the four lots . The property is zoned Rural Buffer (RB) and designated Rural Buffer in the Land Use Plan. All appropriate agencies have reviewed the preliminary plan. Orange County Recreation and Parks Department noted that the public easement width should be thirty feet not twenty as indicated on the plat. The Town of Chapel Hill indicated a need for a public pedestrian and non-motorized vehicle easement along the eastern boundary of lot 4A. The plat has been revised to reflect this easement. The N.C. Department of Transportation responded that the subdivision would not satisfy the minimum housing requirements for addition to the State system of maintained roads . The sight distance at the road intersection was adequate. OWASA indicated a need to reserve a minimum 30 foot wide sewer utility easement along New Hope Creek. County policy prevents the extension of public sewer services into the Rural Buffer except to address health emergencies . The policy thus prevents the reservation and/or dedication of sewer utility easements . The Planning Staff recommends approval of the preliminary plan with the correction on the plat to thirty feet as noted by Mary Anne Black, Orange County Recreation and Parks Director. Yuhasz and Eddleman expressed concern with the wording "public" easement noting that the easement should be for those living in the subdivision and asked that the word "public" be deleted. Collins responded that this would be consistent with the 3 County Attorney' s concern that those persons 063 purchasing lots in the subdivision rather than the general public should have access to the recreation area. Eddleman asked if adjoining property owners should have access to the Class B private road in order to remain consistent with the policy as indicated in a previous subdivision (Turtledove) . Best asked if that could be added as a condition. Yuhasz expressed concern that such a condition would allow access without being a party to the Road Maintenance Agreement. Jacobs noted if the condition is worded as that in Turtledove Subdivision (in the event the road is upgraded by development of adjoining properties, the owners of the property in the subdivision as well as the owners of the adjoining properties, will agree to maintain the private road in an upgraded condition-NCDOT standards ) until NCDOT accepts the road for maintenance. Best indicated that he would like to include a condition for no further subdivision of the lots in Theodore Parrish Subdivision. MOTION: Best moved approval with three conditions : ( 1 ) that the plat indicate a 30-foot pedestrian and non-motorized vehicle easement; (2 ) that the Road Maintenance Agreement state that in the event that Running Green Road is upgraded by development of the property to the east, the owners of property in Theodore Parrish Subdivision as well as the owners of the property being developed to the east will agree to maintain Running Green Road in an upgraded condition (NCDOT standards ) until NCDOT accepts the road for maintenance. (3 ) that there be no further subdivision of the lots in Theodore Parrish Subdivision. Seconded by Pilkey. Eddleman expressed concern with condition #3 in that a more restrictive requirement might be placed on the subdivision than future zoning reclassification might allow. Collins expressed agreement with Eddleman' s concern. Yuhasz again expressed concern with adjoining property owners having immediate access without 064 4 being a party to the Road Maintenance Agreement. Collins suggested that the condition be worded: that property owners to the east of Theodore Parrish Subdivision have access to Running Green Road if said property is developed in the future. Collins continued that Staff 's concern is the possibility of another road being created if said property is developed in the future. Also, Staff is concerned that if, due to development of adjoining properties in the future, the Orange County Board of Commissioners determine that Running Green Road should be upgraded, all property owners with access would participate in the upgrading and maintenance. One of the lot owners of Theodore Parrish Subdivision informed the Board that restrictive covenants of the subdivision prevented further subdivision of the lots . The amendment to the motion expressed by Collins was accepted by the first and second to the original motion. VOTE; Unanimous . (2 ) Eagles Chase - Phase III Presentation by Eddie Kirk. This item is for consideration of the preliminary plan for Phase Three Eagles Chase subdivision. Kirk indicated this is the final phase of Eagles Chase Subdivision. The property is located in Hillsborough Township off Ode Turner Road ( SR 1130 ) . There are 7 lots proposed out of 21 . 71 acres . The average lot size will be 3 . 10 acres . Each lot will have frontage on Jacobs Trail. The road will be dedicated and constructed to NCDOT standards . There will be a 50 foot reserved right-of-way at the end of the cul-de-sac for future road extension. The property is zoned Residential-1, and the Land Use Plan designation is Rural Residential. All lots are proposed to be served by individual wells and septic tanks . The Rural Residential designation in the Land Use Plan indicates this area is suitable for low density residential development that would not require urban-type services . All agencies have reviewed the preliminary plan for Phase Three Eagles Chase. bz4L-L., /oh rfr7 • "" ADD, 1.-g.,- ,n,,, rno cs,a-11VIC1lw tc=pr.nVs1 `:f!_-r • 065 D eh•::= 7, I -Y 1 2, DATE: gl)•' ij1 SUBDIVISION NAME: —a-Lod y ( <2p. . �r_ �r . LOCATION: 1'y'T S;.,,:.,i koz-..a OWNER/DEVEL DP EP. )€. Ya-� ra?, 7EL�PHpNE NO. : q�� -��01 ADDRESS: c. ,,.,c.._A G+-∎ !! ry.r- . - . AGENT/CONTACT: �±R-JL U1;1., TELEPHONE ND. : 9a9- qn -F-., c s.i..oU 41..- d .-.....-....re..... • A. SUMMARY I NF ORMAT I ON: '/// ,,,,,,,Drenoe County Tex Map /4/ Block Lots) IB Township, 2onlno DIstrlct(s) : DTeI Number of Acres: I o . I A- c . Pneses: _ Total Number of Lots: L- Averepe Lot Slze:z--O Mlnlmum LOT 5112e Z n( Number/Type of Structures ; ( exlstlno) Q ( proposed) L 1 neal Feet 1 n Streets: , l 7 SD _ Acres I n Open Space • 3 a .4 s . Water Supply: ---.-0—_ F ubl lc (specify) CommunIty V ndivioual , w'as'tewater Disposal : Pub! lc( specify) Oommunity, Indilvldual School DISTr1c`: Ov...- c e- F 1 r e Dis-r1ct: Plo ' Genera l Land Uses yn A i e t: -,s ue t \••.j r, ep *7 L_.4.../." /1 - Or I t I c a' Areas: ✓ stream/ ora l naoe.+eys , x-_ 1 food prone areas A's1C- C 6e.r..._ watershed (specify) historlc sites -other (expleln), E. Al I plats must be submitted on sheer no smaller than one Inch equals two-nundred feet 11 'F2DD1 ) and no Itroer Than one Inch equals fifty feet -( 1h1-5D1 ) and must contain -he 1 o Iowlno Informs; Ion: :: supal.'Isian none . ..SL : ;: bulldlnp serppck I Ines n...r 01 oeher(s) • by neTeTIon or 7ypI rI let r •. nr1.t o1 surrerar, I eyoeT Snpin.er or IbnC ::;i4;: exit/Int end proposed •Plrhner }::::-: seteeen/1 (arelnepe. • {: 1/17100 Frrl lnlnery / ••'""" uT l t t-a its, rasps, e7C_) {--': 1'1 en ..iL : i exisTlnt. prapated and .. ideis, nor7h error bG 161nintl rlons gal-ray • {--: lnorTh eT Tap of r•bp) Iheluding tlline nLlbns and •✓ ':' oCTe ( InCludlnp _ FTrreT nr.,es and tleTe / �• r.vISlan pens) I1 roeC numb..FS - ✓ :::!4::::::: TornL'Io. Tax ear. . _: ■x1FT inC and prppossC ..... bloc R- - . ✓ !et reterehCes ▪ utilities. Indludine rype, ' bounbary priceID. • i17es, h!..OrenTs, rlleet elTh pserlhps one / ••ennales ✓ LIFT enc.S N! sxltTlr. 'he erepot.d e— : TCT., •Cr.aas a1 The Culv.r; Indiudlhp sires r _ TreC one ■c-..pe of :::::::r. one oreoes - D IPTi♦ InClud lhp and :;:24§-: Typltal FTrreT cross- exCluClnp beet olTnln- -set/ions end in ion rlph-l.-o+..b m ----_• 7 esTe111 Ineludlnp oeslpn .= canTrof corns _ - .end ■le1t el T Irer . ✓ :'-"-f prapasee it limes - W _• end FaoOlp.rt �.. _. _ r ...0 - - ..___ rIr dimensions : :• har120n/a1 slip. .snl one� -,,. 7: 101- ..uwo.rs peneriel Ceree pate 1publ IC .e.• `� rr,r�'?: pn•i lnp I Ines rasps) D ../__ ._f topbprenhy e1 Ten 1oeT 1- :;= permefenT teeTUra nett. et • 11D) Interval$ _ bulldlnbs. ceeelarieL, . -- ;:t ":.: rtTST p6dleL. St r.r4 lr / •_.: hlf'oric Ianoweres U 0 S lob bete 6n[ 11000- .✓ } "-_- ed loInihp IC`. Ibvo VT n.wes plains C.1 or - - 01 atl lPlnlnp trope rTr ep . 2 . str.m.. butlers one ▪ Donors end supolvlslnn$ 4) - - next-Ian Indies)ihp •''•"-' Q1 - resTrl-T.e be..tlap.. r ✓ Pblontlel - W/I :` : Tarnsnls, earporett one orvre-Terrl-lorlel plennlnc lurlsQlt- • w ,,,:-.:,:' /lon Ilnei onleh cress The properly ✓ M ✓ :: Ioeellon enC sire of [streets o.GItt-oG for public use or �J� `-`' C in Co....on I..D i1') ,G.;,', •f}1+'': I0Cetian enC SI,t e1 1675 e1 res/r1c7eL oreelapber.T oater,Tlel / bnt nCT t1ion on pie' r.pbrclne Stet • �/-4 : :: STbre.rt'er nenep.lnenl plan Indlet-Inc provBien 1c, Cbnlroi •••• : of Tne l IrsT 1/2 Ines of runoff /roe Ie.pvrvlous surlec.S I please complete reverse side OTHER SUBMITTAL REQUIREMENTS 1 . Twenty-seven (27 ) copies of the preliminary plat. 066 2. Two full size copies of an Dranae County Tax map ( one copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not available, a letter from the Dranoe County Health Department certifying the proposed wastewater system for each lot. the applicant, hereby certify that the foregoing application is -nplete and accurate. I understand that a 5105 . 00 fee ( subdivisions 1 -5 lots) , 5210 . 00 fee ( subdivision of 6-9 lots) , 5315 . 00 fee ( sub- visions of 10-25 lots ) or e 5420 . 00 fee ( subdivisions of 26 lots or re) is due at the time of application. A 55 . 00 per lot fee is due at e time the final plat Is presented for recordation. DLICANT ' S SIGNATURE DWNERtS SIGNATURE 9 l - Z I'%7 DATE FE.S: Amount Date Paid Ic/3cq't`7 Receipt , l4 (n • 067 THEODORE PARRISH 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 1 -28-87 Reviewed _ 2-4-87 PRELIMINARY PLAT: Received 10-30-87 Reviewed 11 -4-87 REVISED PRELIMINARY PLAT: Received 3-18-88 Reviewed 3-21-88 NCDOT: .DATE: 11-22-87 CERTIFICATION:- mike Mills SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: 11-4-87 CERTIFICATION: N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE: 12-2-87 • CERTIFICATION: Health Department , OTHER: Recreation Advisory Council 11-30-87 (Date) Carrboro Fire Department (Date) Chapel Hill 3-23-88 (Date) Carrboro (Date) Hillsborough - - (Date) Durham (Date) Other - OWASA 11 -17-87 (Date) - Erosion Control 4-4-88 (Date) PLANNING BOARD: Date: 4-18-88 A'D roval Approval with Condition(s ) X Denial BOARD OF CO_I.MIISSIONERS: Date: Approval Approval with Condition(s) Denial 39_88 + _ 068 • THEODORE PARRISH 2A ' 0 APPLICANT : THEQDOREPARRISH 33 AC. I zoN1NG : RURAL BUFFER •'�� LUP : RURAL BUFFER • �i SC A LE I " .... 400. . 11 / Recreation area �Q�/ - �o.' to be dedicated • Q���/ ,%-•- �N 30-foot pedestrian fi easement to recreation ,(O i.-...PA .-,... .. • area• 01A°l 1111 10•_ 8549 ,:C' -_ 10 AC. s tiy _ . _ , 1' LI DDY as . • HART ' • 4921 .- -- ... . I 213•_ - -: __ 1621. ',.. ' —7 36713 . A,'" ,-_.r;•,_:-_ -; = - -_ • • .• .- • • ass? - °gigs • •, _ - - 4 • . , ... .. , 11...t .AC '..• . .:.: --:.7..,-.."--;---"--.- r .1.L '- _-__.,__. __. .'.,.:-' '-',..-.- - ...• • • I all _ 0 _ - _ -- r 10 AC . - -- - - -• -- s CD '-.04-40. .--.. . . - - _ - 37� -- .D - -• AC - _ . - D;STRIcT' --- w 7� i;T:. S+N-Ai '3! - NEW. HOPE RURAL FIR D15TRICT • • 06.9 � �. . March 15, 1983 Mr. Marvin Collins, Director Orange County Planning Department Revere Road Annex Hillsborough, :;.C. 27278 Dear Mr. Collins: This letter is to provide reasons to justify my request for approval of a private road associated with my subdivision request. It is my contention that this proposal for a private road approval is consistent with all Orange County policies and land use plans. The subdivision proposed is clearly designed to preserve the rural character of the area. It is my conscious plan to maintain a wooded character by .minimizing the destruction of existing trees and vegetation in locating the private road and subseouent houses. It is also clear that the proposed private road does not conflict with present or future Orange County road plans. This means that it is not designated as a current or proposed arterial or collector street and does ' not extend one. Please note that the proposed subdivision will include only four (4) lots. These lots are located within the designated Rural Buffer Zone on the Orange County Land Use Plan. This designation, by agreement between the Towns and County, precludes this land from becomming a part of the Town of Chapel Hill. .Thus, the Town is precluded from annexing this property. Therefore, County standards should be controlling. Zech lot in the proposed subdivision is at least two (2) acres in size. It is my understanding that the proposed density will preclude the road from acceptance by the state_for maintenence purposes even if constructed to state standards. Since the minimum lot size in the area is two acres (2), the proposed lots will not be subject to subsequent division to treat more lots. Therefore the road will not generate sufficient traffic to justify public road standards. Further, the proposed private road will. not present a safety hazard since it will be constructed so as to allow sufficient access and turn - space for fire and emergency vehicles. I believe the above stated reasons sufficiently justifies the approval of a private road for the proposed subdivision. Thanks for your cooperation. Sincerely, 11- a/IN-A, Theodore Parrish OGE N Orange County Recreation and Parks Department • Post Office Box 8181 • Hillsborough, North Carolina 27278 y�i, %� r' 0 7 0 Life.Beinit. 4r sc Mary Anne Black, Director MEMORANDUM T0: Eddie Kirk, Planning Department FROM: Mary Anne Black DATE: April 18, 1988 RE: Courtesy Review -- T. Parrish Properties Upon review of the T. Parrish properties preliminary plan, I see that my concern of last November has been corrected on the plan; namely, the specific designation of the tract for public recreation/open space has been made. Public easement width, however, should be thiry, not twenty feet, as required by subdivision ordinance. Thank you for the opportunity to offer these staff comments. I will present my recommendations to the Orange County Recreation & Parks Advisory Council at their May meeting and will forward to you any changes/additional comments they may have. MAB/pbl cc: Richard Ward, Advisory Council Offices located at 300 W. Tryon Street, Hillsborough, NC Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 TOWN OF CHAPEL HILL .071 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 27514-3699 Tcicphone (919) 968-2700 March 23, 1988 Mr. Eddie Kirk Orange County Planning Dept. 306F Revere Rd. Hillsborough, NC 27278 Re: Preliminary Plat for Theodore Parrish, et al Dear Eddie: Thank you for providing an opportunity for a courtesy review of the Preliminary Plat for Theodore Parrish. I understand the property is located within the Rural Buffer. Town staff has completed its review of the subdivision proposal and offers the following recommendation: 1. Provide a public pedestrian Pnd non-motorized vehicle easement, at least 20 feet wide, along the eastern property boundary from the northern end of the road right-of-way to the New Rope Creek recreation area. Should you have any questions, please call: Si cerely, Planner r±s3 t y r 072 _____} STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, N. C . 27253 JAMES G. MARTIN November -22 , 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON SECRETARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR ORANGE COUNTY Mr. Eddie Kirk Orange County Planning Department 106E Revere Road Hillsborough, N. C. 27278 . • St CT: -Theodore ?ar •ish Subdivision off SR 1718 Dear Mr . Kirk: This is to advise the sight distance appears to be adequate ; therefore , the subject preliminary plan is approved as a private subdivision. ' In response -to your earlier question, this particular subdivision would not satisfy the minimum housing requirements for addition to the state system of maintained roads. If you have any questions , please advise . Yours Very ruly, ,;M.M:s p i An Equal Opportunity/Affirmative Action Employer 'Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 073 November 17, 1987 Mr. Eddie Kirk planning Department Orange County 306F Revere Road Hillsborough, NC 27278 Dear Eddie: Thank you very much for providing Orange Water and Sewer Authority (O'ISA) staff with the opportunity to review the major subdivisions of: (1) Lot 9 of Lake Woods; and (2) the property of Theodore Parrish. The following comments are offered in response to these proposals: Lot 9 Lake Woods The preliminary plan does not show the areas suitable for the primary and backup septic tank systems. The presence of the drainage easement and narrow configuration of Lot 9B would appear to limit the development potential of that proposed lot. Theodore Parrish Tract Ii, in the future, public sewer services are determined necessary and appropriate in the general area of this property, it would be necessary to extend a gravity sewer main or other public sewer improvement through the property, along New Hope Creek. A sewer utility easement or right—of—way should be reserved for this purpose in advance of further development or subdivision of the tract. OWASA requests that, as a condition to subdivision approval, the property owner be required to dedicate a public utility easement along New Hope Creek, as marked on the enclosed sketch. At a minimum, the easement should be 30 feet wide. Your consideration of the above comments is appreciated. Please do not hesitate to contact me if you have any questions. Sinc e y, Patrick K. Davis Assistant to the Executive Director WP E closure An Equal Opportunity Employer --=------ • o ti. .' rr= _ r • eft . ,_ r- . • .,4 /' _ w .�^ ..�•• r,• ,_/.' :1.;: - s 07. 27'0S- - '.r+ rYld'+"�C: •r� l!.'.i•', - - .. . •0999 -. •rte \ f 1• _ _ Via• p 220 A• .::�;;�+a•K/ "i▪ac^-•t• . :'0T26.2S'r•N..°, :�.•.. .. :<' - _ - ,i -''• _,-''''..4.14%.41',•••`.1-•. .14•%�.1'� +-• =l: 44,'1.c;{. e.�•• - i _. •Y' .,-•S o7. 2e a5'•w 'i• r r_ .« =c. �;:.,, r one ,•�.�_ v. .r: `F `��SIREAM 'BUFFER „•�;',' :�.. .:,: 7•..�. ``,` /I .{. - .. a`1'r�rr •I/•:e:r r`• a - �•rl,..'.•,,, - - .: ..'i •- g2.IZ ..GjZ:�a;�,!r .z�r •�_•' .:� ��. tt:OINCIDENT'•WTFt�.1�E REA•f1bN •AREIA),, II ' '• T .,. :r„T•:;i#Arr •,r ...r 0.32 :•;:r �1 '= tp:•.•k/0-11•77V..- -_ r' : �/ VrMO � w 's '" • •�Zr: "�• 2.ID:AC,.s1NC�;: `: :c� ii:; - • / \•s;z � J- k�1-+:y9'�i. •':_. 1 i'w. %;��,L y W , �_ „•�+ �: . • AC.-INCL.'R/W ' cs5•c!4�q` r � .4., ". \ ". x,,1_'.1D.09;in .R • J •�- -¢ P. o :-I•i ;- ,, :A.141 .r?r.l, 1; .AC, NET.•.. :.s:"=: AG E r __ = � � sc �.,�r'�,c�.r- {':ry�`.�„T bs'�\. .� `:... : ' srs' `r'~�';I'.~-��'`F . 1GREW ° D PRIVATE •_ R%w.' 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'. _ANDSZA°�'NQT�S.'T;: ••••:•••:•• ,i� -,••:•••'•,r y_' P= WILLIAM w.;'.G�. yji )_EhT1FL TR:G ;15'WDDDED. 8 S C UPLAND MIXED_. , . • "� -- •-.1-IARDWOOD B.PUC,WITM SOME PURE PINE NEAR _j j: _ .`,-. -yr •y"t<`;ryiSTATE:ROAD:. .r: h f •, ,,—,z_%•:.: � .,:,'S.:•'i_. _ .. _ - +7Plr'`".•r�t 71 N'10eE J ,h • .t?� 7��PRG,E.'T1DN Di•'�C15T1NG ICcG��TA D .`` :�: : • ▪ ''I .'LLCDMPL.IShDIN ACCORDANCE WITM SEC.N-B-B_ --,.7 -f''' -_ - '`, '{-os.=-••LANJ'SCAPING AND BUFFER FEDUIREMENT^ :.`•-,~=r: _ // _ - _ • mo=w 0F.im E ORANGE.CD S I•D'ORDNANCE.•:----ESPEGALlY_ /'r(�./ • ": TC? �r yARTSCLE.JV-'5::8-b.'PRPTECT7DN OF.E OSTING w:;;:--'•' •' - ^- - .—. .r;IT• PRMERVEgTR�S' •y'- ''"' "•"y``�7d'.ME'T 1C'Loosc.a°E•REQUIREMENTS•OF-SE�71DN.' :• - /7 . `/ .- (f///� ;7r �^-'-'1V- 6�i-f.::/_ -; rxJ: .w■ v.•:.: r,:r::_ :i. :,;: .r'•••rp• --e�jI.. �i 4')-V- ; •-t_/a - _•L'it'r.:• ___,..•C7-"t.'i• -;▪ j.-.- Itt•i7,.7 . •—.771 A.i-4..;.5....,,,:..:. ,.._•...-.r. _:•. %...,./...:„.).,:::it•Lc.... cias, * : • . . . . . „.-, • ?lf'i�. ? �r.�.: ♦i IP.J?0:9€YBaOS L .•41,4 1• _ ••i • � 3• �°- i '^ '' •♦. •�4. •+•dr �.rf-- '-.: __ `_ _ - • - y▪ CEN�`.;.:>_�; tii:r,;, 7w i:-lsc;t,�`^ _ _ - _• n LD C -7;::,,f :a';N 'PRIMARY:TREK. ..•Lti .. _ : _ \ ; n-._�{ `. �yY �1PROTECTIDN=ARr1:: '.: :7s '''7'' �/ 7 SECONDAR,.TREcEt::q,i -- _ -_ .. _ -ei'''' 4• ••'' Li:PROTECTION!'•ARE r~ .-., -- - _ r , ORANGE COUNTY PLANNING DEPARTMENT C 306F REVERE ROAD 0 7 i HILLSBOROUGH, NORTH CAROLINA 27278 i fir} M E M O R A N D U M TO: Eddie Kirk. Planner II FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Theodore Parrish Subdivision DATE: April 5 , 1988 This subdivision meets the Ordinance requirements by using large lots, limited additional impervious surfaces on each lot, stream buffers, and retaining a buffer of vegetation around the perimeter of each lot to filter and absorb runoff. (�. • )cam, Z .I/4 076 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, 1988 Action geeda Item # SUBJECT: SETTER RUN, SECTION TWO - PRELIMINARY PLAN ACTION BY: June 6, -1988 DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Private Road Justification Restrictive Covenants Covenants for Common Areas Road Maintenance Agreement Agency Comments Planning Board 4/18/88 Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the preliminary plan of Setter Run, Section Two. BACKGROUND: The 74 . 6 acre tract is located in northern Cheeks Township on the south side of Harmony Church Road (SR 1339) west of Efland-Cedar Grove Road (SR 1004) . The property is zoned Agricultural-Residential and Protected Watershed II (Upper Eno) . The Land Use Plan designation is also Agricultural-Residential. Section One of Setter Run consists of four (4) lots which were created through a minor subdivision in October, 1987 . Ten ( 10) lots are proposed in Section Two which range in size from 2 . 86 acres to 18. 1 acres and will have individual wells and septic tanks . The applicant has proposed a Class B private Road to access the ten lots as shown. The required private road justification is included in the agenda packet. Restrictive Covenants and a Road Maintenance Agreement 2 077 have also been submitted. All applicable agencies have reviewed the preliminary plan. Due to the location of the proposed subdivision in the Upper Eno Protected Watershed, and based on the design features included, the Planning Staff recommends a Class A private road to access the ten lots proposed. The plan is consistent with Orange County's policy of protecting water quality and it preserves the rural character of the County by providing: 1 . Larger lots than required; 2 . Larger building setbacks than required; 3 . More landscaping than is required; 4 . The maximum stream buffer; 5 . Restrictive covenants to prevent further subdivision of the ten lots proposed, to preserve landscaping, and to provide appearance guidelines; and 6 . A 50-foot strip of common open space surrounding the subdivision for equestrian trails . The Planning Board at its April 18 meeting recommended approval of the preliminary plan for Setter Run Section Two with a Class A private road subject to the following conditions : 1 . Restrict the use of Setter Lane to only the ten lots in Section Two; 2 . Submit Restrictive Covenants and Road Maintenance Agreement for review and approval by the County Attorney; 3 . Provide a note on the final plat regarding restricted use of the required Stream Buffer; and 4 . Restrictive covenants to prevent further subdivision of the ten lots proposed, to preserve landscaping, and to provide appearance guidelines . RECOMMENDATION: The Administration recommends approval of the preliminary plan for Setter Run Section Two per the Planning Board's recommendation. PLEASE TYPE OR PRINT ( INK ONLY) 6/57 APP! !CATION F01 SUBDIVISION ApPR�VAL 078 ARAN G COUNTY DATE: -7.4r7103 SUBDIVISION NAME: -c flo1 WO `'':1-r i LOCATION: PACO /WP. A IO)4' ' R� OWNER/DEVELOPER: AVM Wvu..i ADDRESS: TELEPHONE NO. : AGENT/CONTACT: - S s . c.. TELEPHONE N0. : 73L-42-4.t cvr yUial& A. SUMMARY INFORMATION: 3 Drange County Tax Map s Block - Lot( s), (o Township Zon1ng Distr1ct( s) : ,aCtZICULTI) L-r->YSIPgU11M- i, PV.(= (tP?.LO). Total Number of Acres : `74 'Co0 • - Phases: Total Number of Lots:_3__Average Lot Size: 7•4Ct Minimum Lot Size3,�SCe Number/Type of Structures; ( exlsting) (proposed) Lineal Feet In Streets: 2000 Acres in Open Space 5.00 Water Supply: _Public (specify) _Community 0"- Individual ri Indlvldyal c Wastewater Disposal : Public( speClfy) Community im p eu�4V School District:, or ate Y CoUAIT Fire District: General Land Uses in Area: l_TL - - ��Si�r�t`1TIb(r Critical Areas:, v_ .stream/dreinaoeways , -flood pr o e sites prone a areas(specify) other (explain), B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet ( 1"=200' ) and no larger than one inch equals fifty feet ( 1" 501 ) end must contain the following information: subdivision name :-' =- building setback lines �- '. .• name of ownerls) Kw by notation or typical lot — ::— name of surveyor, layout •.. engineer or land — -..;y} existing and proposed planner easements (drainage, :4i/.2: (title) Preliminary :.: utilities, roads, etc.) Plan existing. proposed and — : scale, north arrow adjoining rights-Of-way V: (North at top of map) including dimensions and I. date ( Including street names and state }w revision dates) : road numbers :i4;;::: township, tax map- ___ •,4111a::: existing and proposed •: ::: block-lot references utilities. Including type, — - boundary described sizes, hydrants, valves _ with bearings and manholes distances :::;;A:4::: existing and proposed 7+ total eereeoe of The culvert Including sizes Ctreat and acreage of and grades o lots, including and --- :' .. typical street cross- excluding area within sections end intersection v, rights-of-way details Including design . = Control [Owner and width of Tray i::::..ie, proposed lot lines and shoulders W rltn dimensions _ - horizontal alignment and in E V :112:::: lot numbers general curve data (Public E phasing lines roads) +.. 4v- : topography at ten foot :::!: permanent features such as C (10) Intervals :::::: buildings. Cemeteries, ID 1- : rater bodies, streams, �-�,�t•�r historic landmarks d) p floodway and flood- :: : adjoining lot layout names •., u- plains of adjoining property D) -: _ stream buffers end owners end supolvlsions ID- notetlon Indicating E L _ _ restricted development 0 M potential U �; [ township, corporate and extra«territorial planning jurlsdic- 4) / tion lines which cross the property M _ :.;.;L U location and size Of parcels dedicated for public use or rfl •• '' reserved in common (.-v in _ _; location and size of lots of restricted development potential and notation on pint retarding same — ::..., : stormweter management plan Indicating provision for control - of the first 1/2 Inch of runoff from Impervious surfaces please complete reverse side r J 079 C. OTHER SUBMITTAL REQUIREMENTS 1 . Twenty--seven ( 27 ) copies of the preliminary plat. 2. Two full size copies of an Orange County Tax map ( one copy with tax parcels involved clearly marked) . 3 . Where municipal or OWASA sewer is not available, a letter from the Orange County Health Department certifying the proposed wastewater system for each lot . I , the applicant, hereby certify that the foregoing application is complete and accurate . I understand that a $105 .00 fee ( subdivisions of 1 -5 lots) , $210 .00 fee ( subdivision of 6-9 lots) , $315 .00 fee ( sub- divisions of 10-25 lots) or a $420 .00 fee ( subdivisions of 26 lots or more) is due at the time of application . A $5 .00 per lot fee is due at the time the final plat is presented for recordation. / ) APPLICANT' S SIGNATURE OWNER' S SIGNATURE 2 3 - p DATE DATE FEES : Amount ,1210. 00 Date Paid 2-i`7 `S$ Receipt 1 -706-3 080 SETTER RUN SECTION TWO - PRELIMINARY PLAN 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN: Received Reviewed 12-2-87 PRELIMINARY PLAT: Received 2-17-88 Reviewed 2-19-88 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE: 3-23-88 CERTIFICATION: J. M. Mills, District Engineer SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: 3-2-88 CERTIFICATION: N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE : CERTIFICATION: OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - S & E W. Fa i rcl oth 3-21 -88 (Date) - Health R.Holdway 4-5-88 (Date) - SCS G. Hughes 3-948 PLANNING BOARD: Date: 4/18/88 Approval Approval with Condition( s ) — _ Denial BOARD OF COMMISSIONERS : Date: Approval Approval with Condition( s ) Denial i op;z,v4.6.,--) - `,\ 081 1.91 5 18, 48s stTrR I U L L za IJ I LI : 4Z /Pw IC N LI EC 10 kl p vukl e.C.: p4V 1 D spezw1k1 l 54 P/o -2..c1 •98 acres oki; • . 5 AC .ALg. I' 4O' 0 62 N 8 3. 33 AC. 54 C., ` 9 AG 6943 3 AC. - (o AG 9 ,. .. . - Or J 7 J 9458 2�KE � PC WfR COMpAM Y----------- 51.66 AC. / r Rationale For a Private Road at Setter Run Subdivision 082 The Setter Run Subdivision off Harmony Church Road in western Orange County has been planned to be a small residential community in keeping with the surrounding rural area. We the owners, David and Janice Brown, plan to live in the subdivision and wish to preserve as much of the natural environment as possible. Setter Run is designed as an equestrian community with land set aside for common bridle trails. With this in mind and in an effort to maintain the rural character of the area we feel that this subdivision is best suited for a gravel road. Although the portion of Harmony Church Road adjoining our land is paved it becomes a gravel road within three-tenths of a mile from our property line. In planning Setter Run we will prepare and record Restrictive Covenants on the lots which address the issue of further subdivision. Under these covenants only one single family dwelling per lot is permitted. Setbacks, minimum square footage and easements for utilities and drainage facilities are also provided for. Lots will be restricted against further subdivision. In justifying a private road we have reviewed the conditions of the Orange County Subdivision Regulations Section IV-B-3-d and have planned Setter Run to meet the following conditions: A) S tter Run will consist of ten lots ranging in size from 4.0 acres to with setbacks of 75 feet in the front and 50 feet in the rear of each lot. Trees on all boundry lines and a dividing row of trees up the middle of the tract will screen the view of the subdivision from the public road and individual lots from each other. All lots are designed so that the dwelling could be placed against or in a group of trees with pasture in front thus preserving the beauty of the open farmland surrounded by wooded areas. B) Setter Run is designed with a private road to preserve as much of the natural environment as possible. It is located in the protected Upper Eno watershed and a portion of each lot will be restricted use according to the impervious surface in this watershed. The private dirt and gravel road will serve to also preserve this watershed. Conversely, a paved road would require 48,600 feet (1.11 acres) of pavement which is not consistent with restrictions on the impervious surface in the Upper Eno watershed. Even if constructed to State standards the Setter Run Road would not be accepted by the State for maintenance due to State density requirements. C) This subdivision does not embrace or abut any part of a thorough- fare plan or a municipality's thoroughfare plan within the county and does not lie within a designated transition area. 083 J D) The owners of the lots at Setter Run Subdivision will belong to a Homeowners Association which will collect annual fees for maintanence of the private road. Richard Bingham has been contacted and will act as attorney to draw up such documents as are necessary to assure maintanence of this private road. The individual owners of the lots will understand the nature and purpose of the private road. They will understand that the road can not be extended and that it will not be upgraded at a future date for dedication for public use. These conditions will become part of the road maintanence agreement to be reviewed and signed by each owner at the time of purchase of the property. E)" A natural bridle trial running along the two sides and back boundry of the subdivision will be preserved by restrictive covenants so that the residents may enjoy the abundant wildlife (deer, wild turkeys, quail, rabbits and squirrels) and the natural beauty of the area. Large lot size and setbacks will ensure the preservation of as much of the existing habitat as possible. F) Due to economic reasons, if required to pave the subdivision road the owners would have to decrease individual lot size and increase the total number of lots in the subdivision. We feel that this would not be in the best interest of the surrounding rural community and would be detrimental to the existing wildlife and natural environment. Submitted by: David and Janice Brown srArt„ Q _ 7t 170;i'riiNrq i STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN March 23, 1988 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup Orange County Planning Department 306-P Revere Road L Hillsborough, NC 27278 Subject: Setter Run - Section Two Off SR 1339 (Harmony Church Road) Dear Ms. Crudup: After a field review of the subject private development, it has been determined the sight distance is adequate. A driveway permit will be required. If there are any questions, do not hesitate to contact this office. Yours very truly, ! . Mills, P. E. E"ISTRICT ENGINEER • JMM/SPI:jbh An Equal Opportunity/Affirmative Action Employer ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD • 085 HILLSBOROUGH, NORTH CAROLINA 27278 V 11 + • p MEMORANDUM TO: Emily Crudup, Planner II FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Setter Run Section II DATE: March 21 , 1988 This subdivision meets the Ordinance requirements by using large lots, limited additional impervious surfaces on each lot, stream buffers, and retaining a buffer of vegetation around the perimeter of each lot to filter and absorb runoff. `..- 086 Orange Soil and Water Conservation District Orange County Agricultural/Environmental Center 306 Revere Road Hillsborough, NC 27278 Phone: (919) 732-9361, Ext. 451 March 9, 1988 MEMORANDUM TO: Emily Crudup, Planner II , Orange Co. Planning Department FROM: Gail M. Hu es, Soil Conservationist SUBJECT: Setter Run, Section Two The soils on this site are Appling, Helena, Cecil and Chewacla. Appling and Cecil have slight limitations for dwellings with and without basements, and moderate limitations for septic tank absorption fields. Helena has severe limitations for dwellings with and without basement because of shrink-swell , and severe limitation for septic tank absorption fields because of slow percolation. Chewacla has severe limitation for development be- cause of a seasonal high water table and flooding. Moderate limitations for septic tank absorption fields can usually be overcome by increasing the area of the absorption fields. Severe limitations for other uses will require special absorption field and foundation designs. If I can be of further assistance, please call . GMH:jw CONSERVATION - DEVELOPMENT- SELF-GOVERNMENT ti O ' �.. � � rl 1 h t STATE OF NORTH CAROLINA DECLARATION OF COVENANTS, RESERVATIONS AND RESTRICTIONS COUNTY OF ORANGE WHICH CONSTITUTE COVENANTS ANIS RUNNING WITH CERTAIN LANDS OF 087 DAVID BROWN AND JANICE BROWN IN SEaTER RUN SUBDIVISION, ORANGE COUNTY, NORTH CAROLINA THIS DECLARATION, made this day of , 1988, by DAVID BROWN and wife, JANICE BROWN with their principal place of business in Chapel Hill, Orange County, North Carolina, hereinafter called Declarants. WITNESSETH: WHEREAS, Declarants are the owners of the real property described as being: BEING all of Lots 5-14, Setter Run Subdivision, Section II, as shown on plat recorded in Book of Maps , Page , Orange County Registry. WHEREAS, Declarants are the owners of all property in Setter Run Subdivision according to a map recorded in Book of Maps , Page , Orange County Registry. Declarants desire to declare covenants, reservations and restrictions to apply to all lots in Setter Run Subdivision. WHEREAS, the Declarants desire to provide for the preservation of the values and amenities of the said Community and to impose certain protective covenants governing and regulating the use and occupancy of the same, for itself and every person who shall hereinafter purchase any lot (tract) in property described above, together with such additions as may hereafter be made, to the covenants, restrictions easements, affirmative obligations, charges and liens, hereinafter set forth, each and all of which is and hereby declared to be for the benefit of said property and each and every owner of any and all parts thereof; NOW, THEREFORE, in consideration of the premises and covenants contained herein, the Declarants declare that the real property described above is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations liens (sometimes referred to as the covenants") hereinafter set forth, and said covenants shall run with the land and be binding on all persons claiming under and through the Declarants. 1. All lots in said Residential Areas shall be used for residential purposes exclusively, except that Declarants hereby reserve the right to use or allow the use of any of the above described lots or parcels as streets for the purpose of providing access to and from other property, whether or not located in said subdivision. No structure or fence or wall shall be erected, placed or altered on any tract until the construction 088 plans and specifications and a plan showing location of said structure or fence have been approved by the Declarants as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No structure, except as hereinafter provided shall be erected, altered, placed or permitted to remain on any lot other than one (1) detached single family dwelling not to exceed two and one-half (2-1/2) stories in height, a stable and such other accessory buildings as allowed by the Declarants. No structure, except a stable, (barn) and fence may be constructed prior to the construction of the main building. 2. The exterior of all houses and other structures must be completed within one (1) year after the construction of same shall have commenced, except where such completion is impossible or would result in great hardship on the owner or builder, due to strikes, fires, national emergency or natural calamities, except as allowed by the Declarants of Setter Run Property Owners' Association. No modular homes shall be permitted. 3. The ground floor area of the main residential structure shall not be less than 1,600 square feet of heated area for a one-story dwelling; nor less than 1,200 square feet of ground floor heated area for a dwelling of more than one story; in no event shall there be less than a total of 1,600 square feet of heated area in a multi-story structure. 4. No dwelling or building of any kind, other than a well house, shall be located on any lot nearer than 75 feet to the front lot line nor nearer than 50 feet to the rear line. No building shall be located nearer than 30 feet to an interior side lot line nor nearer than 40 feet to a corner side lot line. No point of any stable shall be more than 60 feet from the rear lot line, nor nearer than five feet to any bridle trail, or if none, to the rear property lines; however, if the rear property line is an exterior subdivision line, then no nearer than 30 feet to the rear property line. Where these set back lines are found to be impractical for the utility of a particular lot, these set back lines may be changed by written consent of the Declarants. 5. It shall be the responsibility of each lot owner to prevent the development of any unclean, unsightly or unkept conditions of buildings or neighborhood as a whole or the specific area. Non-operating cars, unused objects • or apparatus, or any portion thereof, shall not be permitted to remain on any lot. All lots shall be kept clean and free of garbage, junk, trash, debris, or any substance that might contribute to a health hazard or the breeding and habitation of snakes, rats, insects, etc. Each purchaser of a respective lot shall cause each lawn to be mowed as needed, cause the maintenance and protection of landscaping insuring proper drainage of the lot so as to prevent soil erosion, and cause the maintenance of the home and any other structures and improvements located on said lot insuring its good condition and appearance in the opinion of the Declarants referred to above. Failure to maintain lots and homes and any other structures and improvements, including fences, in a tidy manner in the opinion of the Declarants, 14 days after written notice from said Declarants of the undesireable condition(s) , will result in maintenance of the aforesaid by the Declarants for which a reasonable charge will ae levied against the purchaser. Failure to pay such charge within a 089 reasonable time will result in a lien against the subject property. Neither the Declarants nor any of its agents, employees or contractors shall be liable for any damage which may result from any maintenance work performed hereunder except in cases of gross negligence. 6. No offensive or noxious activity shall be carried on upon any lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. There shall not be maintained any plants or animals, or device or thing of any sort whose normal activity or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the neighborhood by the owners thereof; except that horses and stables may be maintained, but every effort must be made to reduce the stable odors. 7. No parking of vehicles shall be permitted on or adjacent to the roads of the subdivision except by written consent of the Declarants. 8. No structure of a temporary character, trailer, camper, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot, at any time as a residence either temporarily or permanently, except that stables may be maintained for horses. 9. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more that eighteen (18) inches square and one sign not more than six square feet advertising the property during the construction and sales period. ; except that Declarants reserve the right to display to the public view one sign of not more than 32 square feet advertising the property during the sales period. 10. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except horses, dogs, cats or other pets may be kept provided that they are not kept, bred, or maintained for any commercial purposes, unless allowed by Setter Run's Declarants, and provided that such household pets do not attack horses or horsemen. 11. Each lot owner shall provide receptacles for garbage in an area not generally visible from public street view, or provide underground garbage receptacles or similar facility in accordance with reasonable standards. • 12. No fuel tanks or similar storage receptacles may be exposed to view, and may be installed only within the main dwelling house, within any other structure, or buried underground. 13. Sewage disposal will be by means of an individual septic tank system at purchaser's expense, upon approval of said system by appropriate public authority. 14. The Declarants reserve unto themselves, their successors and assigns, in addition to the easements shown on the recorded subdivision plat, a perpetual, alienable and releasable easement and right on, over and under the ground to erect, maintain and use electric and telephone poles, wires, cables, conduits, sewers, water mains, water drainage provisions and facilities, and other suitable equipment for the conveyance 090 and use of .electricity, telephone equipment, gas, water, sewer, water drainage and other public conveniences or utilities on, in or over twenty (20) feet of each lot along all property lines, including the Common Properties, provided, however, that the easements shall be thirty (3U) feet along all exterior subdivision lines. These easements and rights expressly include the right to cut any trees, bushes, or shrubbery, and bury lot debris, make any grading of the soil, or to take any other similar action reasonably necessary to maintain reasonable standards of health, safety and appearance. 15. In keeping with the intention of the developer to create an equestrian community with observance of good environmental practices, the number of horses pastured and belonging to a certain lot shall be limited to one horse per 1/2 acre of lot area. All equestrian matters shall be subject to the jurisdiction of the County authorities. 16. No single lot may be subdivided by purchaser so as to create two or more building lots from the original; purchaser may erect a structure on two or more lots with the provision that multiple lots are to be considered as one lot for the purpose of set back lines. 17. The covenants and restrictions of the Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by all parties to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said Covenants shall be automatically extended for successive periods of ten (10) ye-ars except they may be altered, amended or revoked in whole or in part by written agreement of the record owner(s) of at least 2/3 of the platted lots. 18. Any notice required to be sent to any owner under the provisions of this Declaration shall be deemed to have been properly sent and notice thereby given, when mailed, postpaid, to the last known address of the person who appears as owner. Notice to one of two or more co-owners of a lot shall constitute notice to all co-owners. 19. Minor violations of set back lines and square footage of less than 5% shall not be cause for corrective action by other record owners. 20. Enforcement of covenants and restrictions shall be by any preceeding at law or in equity against any person or persons violating or attempting to violate or circumvent any covenant or restriction, either to restrain violation or to recover damages; and failure by any party hereto to enforce any covenants or restrictions herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce any or all restrictions thereafter. 21. Should any covenants or restrictions herein contained, or any sentence, clause, phrase or term of this Declaration be declared to be void, invalid, illegal or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction over the parties hereto and the subject matter hereof, such judgment shall in no wise affect the other provisions hereof which are hereby declared to be severable and which shall remain in full force and effect. In addition, if there is any contradiction between these restrictions and any governmental ordinances, laws or regulations of a Federal, State or local agency, the latter shall prevail. r6)) 1!1:j11A 091 17- _ STATE OF NORTH CAROLINA DECLARATION OF COVENANTS FOR COMMON PROPERTIES WHICH COUNTY OF ORANGE CONSTITUTE COVENANTS RUNNIN; WITH CERTAIN LANDS OF SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC., AND OTHERS IN S1rrrR RUN SUBDIVISION, SECTION II AND PROVISIONS OF SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC. THIS DECLARATION, made this day of , 1988, by SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC., a Nortn Carolina corporation with its principal place of business in Chapel Hill, North Carolina, hereinafter called "Company." WITNESSETH WHEREAS, Company is the owner of the real property described as being: BEING all of Lots 5-14, Setter Run Subdivision, Section II, as shown on plat recorded in Book of Maps , Page Orange County Registry. WHEREAS, the Company desires to create on said property certain recreational facilities more particularly described as Common Properties on the recorded map, for the benefit of said community and for the benefit of all of the lots (tracts) of the subdivision; and WHEREAS, the Company desires to provide for the preservation of the values, amenities and conceptual intent of the said community and for the maintenance of the said Common Properties; and, to this end, desires to subject the said real property above described to the covenants, restrictions, easements, affirmative obligations, charges and liens, hereinafter set forth, each and all of which is and hereby declared to be for the benefit of said property and each and every owner of any and all parts therof; and Company hereby expressly reserves an easement for horse trails as shown on the recorded plat of the subdivision; and WHEREAS, the Company has deemed it desirable for the efficient preservation of the values and amenities in said community to create an • agency to which should be delegated and assigned the power and authority of maintaining and administering the Common Properties and Services and administering the enforcing of the covenants and restrictions governing the same and platted residential lots, and collecting and disbursing all assessments and charges necessary for such maintenance, administration and enforcement, as hereinafter created; and WHEREAS, Company has caused to be incorporated under the laws of the State of North Carolina, as a non-profit corporation, SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC. , for the purpose of exercising the functions aforesaid, and which are hereinafter more fully set forth. 092 NOW, THEREFORE, in consideration of the premises and covenants contained herein, the Company declares that the real property described above is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations, and liens (sometimes referred to as "The Covenants") hereinafter set forth, and Said covenants shall run with the land and be binding on all persons claiming under and through the Declarant. ARTICLE I DEFINITIONS: Section 1. The following words and terms, when used in this Declaration, or any Supplemental Declaration, shall have the following meanings: (a) "Association" shall mean and refer to the St:rrEx RUN PROPERTY OWNERS' ASSOCIATION, INC. , a North Carolina non-profit organization. (b) "Owner" shall mean and refer to the record owner, whether one or more persons, firms, association, corporations, or other legal entities, of the fee simple title to any tract situated upon the Properties, but, notwithstanding any applicable theory of a mortgage, shall not mean or refer to the mortgagee, its successors or assigns, unless and until such mortgagee has acquired title pursuant to foreclosure or a proceeding in lieu of foreclosure; nor shall the term "Owner" mean or refer to any lessee or tenant of an owner. (c) "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may herPAfter be brought within the jurisdiction of the Association, as are subjected to this Declaration or any Supplemental Declaration. (d) "Common Properties" shall mean and refer to those areas of land with any improvements thereon which are deeded to the Association and designated in said deed as "Common Properties." The term "Common Properties" shall also include any personal property acquired by the Association if said property is designated as "Common Property." All common properties are to be devoted to and intended for the common use and enjoyment of the owners, subject to the fee schedules and operating rules adopted by the Association. (e) "Lot (tract)" shall mean and refer to any improved or unimproved parcel of land, shown upon any recorded subdivision map of the Properties, intended for the construction of a detached single family dwelling and for stable, excluding any "Common Properties," as heretofore defined. (f) "Member" shall mean and refer to all owners as heretofore defined. (g) "Company" shall mean and refer to Setter Run Property Owners' Association, Inc. , its successors and assigns. 093 ARTICLE II Section 1. - Existing Property. The real property which is, and shall be held, transferred, sold, conveyed, leased and occupied, subject to these covenants, is located in Orange County, North Carolina, and is more particularly described hereinabove. All of the real property hereinabove described shall hereinafter be referred to as "Existing Property." Section 2. - Additions to Existing Property. Additional lands may become subject to this Declaration in the following manner: (a) Additions_ . The Company, its successors and assigns, including the Association, shall have the right to bring within the plan and operation of this Declaration, additional later acquired properties as future stages of the development. The additions authorized under this and the succeeding subsection, shall be made by filing of record of Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the operation and effect of the Covenants and Restrictions of the Declaration to such additional property. The Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient, and in the judgment of the Company to reflect the different character, if any, of the added properties and as are not inconsistent with the Plan of this Declaration. (b) Other Additions. Upon approval in writing of the Association pursuant to two-thirds of the vote at a duly called meeting, the owner of the property other than the Company who desires to add it to the plan of these covenants and to subject it to the jurisdiction of the Association, may file or record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the operation and effect of the covenants and restrictions of the Declaration of such additional property. The Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary or convenient, in the judgment of the Company, to reflect the different character, if any, of the added properties and not inconsistent with the Plan of this Declaration. (c) Mergers. Upon a merger or consolidation of the Association with another association as provided for in the By-Laws of the Association, its properties, rights and obligations may, as operation of Law, be transferred to another surviving or consolidated association, or, in the alternative, the properties, rights and obligations of another association may, by operation of law, be added to the properties of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this 094 Declaration with the Existing Property, together with the covenants and restrictions established upon any other properties as one plan. No such merger or consolidation, however, shall effect any revocation, change of or addition to the Covenants established by this Declaration within the Existing Property as herein provided. ARTICLE III MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION: Section 1. Membership. The company and every person or entity who is a record owner of a fee simple or undivided fee simple interest in any lot (tract) which is subject to the Covenants to assessment by the Association shall be a member of the Association, except that the Company is entitled to membership for lots owned by it whether or not subject to assessments thereon, provided that any such person or entity who holds such title or interest merely as a security for the performance of an obligation shall not be a member of the Association; membership shall be appurtenant to and may not be separated from ownership of any lot (tract) which is subject to assessment by the Association. Section 2. Voting Rights. The Association shall have two (2) classes of voting memberships: CLASS "A" - Class A members shall be all those owners as defined in Section One (1) of this Article III, with the exception of the Company; and they shall be entitled to one vote per lot owner. CLASS "B" - The Class B member shall be the Company. The Class B member shall be entitled to one vote per lot owned, plus three votes for each vote held by the Class "A" member; this right of additional votes for each vote held by a Class "A" member shall terminate when the Company has effective sales agreements for the sale of all of the lots in the subdivision. Thereafter, the Company shall be entitled to one vote per lot owned. The total vote for the Association shall consist of the sum of the votes of Class A Members and the votes of Class B Members. When more than one person holds an interest in any lot, all such persons shall be members; and the vote for any such lot shall be exercised as they among themselves determine, but in no event may more than one vote be cast with respect to any lot owned by Class A Member. When one or more co-owners sign a proxy or purports to vote for his or her co-owners, such vote shall be counted unless one or more of other co-owners is present and objects to such vote, or if not present, submits a proxy or objects in writing delivered to the Secretary of the Association before the vote is counted. If co-owners disagree as to the vote, it shall be split equally among the co-owners. ARTICLE IV PROPERTY RIGHTS IN THE COMMON PROPERTIES: Section 1. Member's Easements of Enjoyment. Subject to the provisions of these covenants and the rules and regulations of the 095 Association, every member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall oe appurtenant to and shall pass with the title of every lot. Section 2. Delegation of Use. Any member may delegate in accordance with the By-Laws, his right of enjoyment to the Common Properties and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Title to Common Properties. The Company hereby covenants, for itself, its successors and assigns that it shall convey, bargain and sell the Common Properties to the Association on or before the date the Company has acquired effective contracts for the sale of all of the lots as shown on the recorded map at the subdivision subject to all restrictive covenants of record. Section 4. Extent of Member's Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Company and of the Association, in accordance with its By-Laws, to borrow money for the purpose of improving the Common Properties and in aid thereof to mortgage said properties. (b) The right of the Association to take such steps as are reasonably necessary to protect the above-described properties against foreclosures; and (c) The right of the Association, as provided in its By-Laws, to suspend the enjoyment of rights of any member or any tenant of any member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations, it being understood that any suspension for either non-payment or any assessment or a breach of the rules and regulations of the Association shall not constitute a waiver or discharge of the Member's obligations to pay the assessment; and (d) The right of the Association to charge reasonable admission and other fees for the use of the Common Properties and/or facilities therein; and (e) The right of the Association to give or sell all or any part of the Common Properties including leasehold interest to any public agency, authority, or utility or private concern for such purposes and subject to such conditions as may be agreed to by the members, provided that no such gift or sale or determination as to the purposes or as to the conditions thereof shall be effective unless such dedications, transfer and determination as to purpose and conditions shall be authorized by the vote of two-thirds (2/3) of the vote at a duly called meeting and unless written notice of the proposed agreement and action thereunder is sent to every member at least twenty (20) days in advance of any action taken. A true copy of such resolution togetner with a certificate of the result of the vote taken thereon shall be made and acknowledged by the President or Vice-President and Secretary or Assistant Secretary of the Association and such certificate shall be annexed to any instrument of dedication or transfer affecting the Common Properties, prior to the recording thereof. Such certificate shall be conclusive evidence of authorization by the membership. ARTICT.F V 096 COVENANTS FOR MAINTENANCE ASSESSME I'S: Section 1. Creation of the Lien and Personal Obligation of Assessments. Each owner of any lot shall, by acceptance of a deed therefore, whether or not is shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to all of the terms and provisions of those covenants and to pay to the Association: (1) Annual assessment or charges; (2) Special Assessments for the purposes set forth in Section 4 of this Article, such assessments to be fixed, established and collected from time to time as hereinafter provided. The Annual and Special Assessments together with such interest thereon and costs of collection therefore as hereinafter provided, shall be a charge and continuing lien on the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due. In the case of co-ownership of a lot, all of such co-owners shall be jointly and severally liable for the entire amount of the assessment. Section 2. Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the improvement, maintenance, and operation of the Common Properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereof, and for the cost of labor, equipment, materials, management and supervision thereof. The Special Assessments shall be used for the purposes set forth in Section 4 of this Article. Section 3. Maximum Annual Assessments. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be One Hundred Fifty Dollars ($150.00) per lot. (a) From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased each year not more than 5% above the maximum assessment for the previous year without a vote of membership. (b) From and after January 1 of the year immediately following the convenyance of the first lot to an owner, the maximum anneal assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum, however, the Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the annual assessment for any year at a lesser amount, but such action shall not constitute a waiver by the Association of its right to revert to the full assessment for the remaining year or years of the then current period fixed as provided in the preceding paragraph. 097 Section 4. Special Assessments for Improvements and Additions. In addition to the annual assessments authorized by Section 3 hereof, the Association may levy special assessments, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto or additions to the Common Properties, provided that any such assessment shall have the assent of two-thirds (2/3) of the vote at a duly called meeting, written notice of which shall be sent twenty (20) days in advance and shall set forth the purpose of a meeting. Section 5. Change in Basis and Maximum of Annual Assessments Upon Merger or Consolidation. The limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessment undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under Article 2, Section 2, hereof, and under the By-Laws of the Association. Section 6. Notice and Quorum of any Action Authorized. The presence at the meeting of members or of proxies, entitled to cast thirty (30) percent of the total vote of the membership shall constitute a quorum. If the required quorum is not forthcoming at a meeting, another meeting may be called subject to the notice requirement set forth in Section 4 of this Article; but no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 7. Date of Commencement of Annual Assessments. The annual assessments provided for herein shall mice on the date (which shall be the first day of the month) fixed by the Board of Directors of the Association to be the date of commencement. The first annual assessments shall be made for the balance of the calendar year and shall be payable monthly on the first day of each month commencing on the first day of the month fixed for commencement. The assessments for any year after the first year, shall similarly be payable monthly commencing on the first day of January of said year. The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3, hereto, as the remaining number of months in the year bear to twelve. The same reduction in the amount of the assessment shall apply to the properties now subject to assessment at a time other than the beginning of any assessment period. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment. Section 8. Duties of the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against all lots for each assessment period and shall, at that time, prepare a roster of the properties and 098 assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any owner. Written notice of the assessment shall thereupon be sent to every owner subject thereto. The Association shall upon demand at any time furnish to any owner liable for said assessment a certificate in writing signed by an officers of its Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 9. Effect of Non-Payment of Assessment. The Personal Obligation of the Owner, the Lien; Remedies of Association. If the assessment or any monthly installment(s) thereof are not paid on the date when due (being the dates specified in Section 7 hereof) , then such assessment shall become delinquent and shall, together with interest thereon at the rate of eight (8) percent per annum from the due date and cost of collection thereof as hereinafter provided, thereupon become a charge and continuing lien on the land and all improvements thereon, against which each assessment is made, in the hands of the then owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the owner at the time of the assessment to pay such assessment, however, shall remain in his personal obligation and shall not pass as a personal obligation to his successors in title unless expressly assumed by them. If the assessment of any monthly installment thereof is not paid within thirty (30) days after the due date, the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a resonable attorney's fee to be fixed by the court together with the costs of the action. Section 10. Subordination of the Lien to Mortaages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage, or mortgages now or hereafter placed upon the properties subject to assessment; provided however, that such subordination shall apply on to the assessment which nave become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments accruing after conveyance by mortgage owner to a subsequent owner. Section 11. Exempt Property. The following property, individuals, partnerships or corporations, subject to this Declaration shall oe exempted from the assessment, charge and lien created herein; 090 (a) The grantee in conveyance made for the purpose of granting utility easements; (b) All Common Properties as defined in Article 1, Section 1, hereof; (c) All properties exempted from taxation by the laws of the State of North Carolina, upon the terms and to the extent of such legal exemptions. (d) All properties owned by Setter Run Property Owners' Association, Inc. ; however, Setter Run Property Owners' Association, Inc. agrees to subsidize at its discretion the operation of the Association in order to show good faith and to help assure the maintenance and operation of the Common Properties up to the amount the corporation would have had to pay in assessments in accordance with these covenants if it were not exempted by this provision. (e) AU properties owned by builders or real estate agents under a statutory exemption from the Office of Interstate Land Sales Registration who acquire such lots for the purpose of engaging in the business of constructing residential buildings or for the purpose of resale of such lots to persons or companies engaged in such business, for a period of two years from the date of a sale contract. ARTICLE VI ARCHITECTURAL CONTROL: Section 1. Review and Approval of Landscaping Specifications for Additions, Alterations or Changes to Structures. No building, stable, wall, fence, swimming pool, or other structure shall be commenced, erected, or maintained upon the Common Properties, nor shall any landscaping be done, nor shall any exterior addition to any such existing structure or change or alteration therein, be made until the plans and specifications therfore showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony and compatibility of its external design and location, with the surrounding structures and topography, by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after the said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII 100 GENERAL PROVISIONS: Section 1. Duration and Amendments. The covenants and restrictions of this Declaration shall run with and bind the land, and shall insure to the benefit of and be enforceable by the Association, the Developer, or the owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a term of thirty (30) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive period of ten (10) years unless two-thirds (2/3) of the vote at the annual meeting approve a change in the covenants and restrictions. The covenants may be amended at any time if two-thirds (2/3) of the vote at a duly called meeting of the Association approves the change. Provided, however, that no such agreement to change shall be effective unless made and recorded sixty (60) days in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner of a lot, and the Company at least twenty (20) days in advance of any action taken. Section 2. Notices. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be deemed to have been properly sent, and notice thereby given, when mailed, postpaid, to the last known address of the person who appears as member or owner on the records of the Association at the time of such mailing. Notice to one of two or more co-owners of a lot shall constitute notice to all co-owners. It shall be the obligation of every member to immediately notify the Secretary of the Association in writing of any changes of address. Section 3. Enforcement. Enforcement of these covenants shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate or circumvent any covenant, either to restrain violation or to recover damages, and against the land and to enforce any lien created by these covenants; and failure by the Association or any owner or the Company to enforce any covenant herein contained for any period of time shall in no event be deemed a waiver or estoppel of the right to enforce same thereafter. Section 4. Severability. Should any covenant or restriction herein contained, or any Article, Section, Subsection, sentence, clause, phrase, or term of this Declaration be declared to be void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jursidiction over the parties hereto and the subject matter hereon, such judgment shall in no way affect the other provisions hereof which are hereby declared to be neverable and which shall remain in full force and effect. 101 IN WITNESS WHEREOF, SETTER RUN PROPERTY OWNERS' ASSOCIATION, has caused this instrument to be executed the day and year first above written, by its President and attested by its Secretary, and the corporate seal affixed, pursuant to a resolution duly and unanimously adopted by its Board of Directors. SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC.. BY: President ATTEST: Secretary WITNESS: WITNESS: STATE OF NORTH CAROLINA COUNTY OF This day of , A.D. 1988, personally came before me , who, being by me duly sworn, says that he is the President of SETTER RUN PROPERTY OWNERS' ASSOCIATION, INC. , and that the seal affixed to the foregoing instrument in writing is the corporate seal of the Company, and that said writing was signed and sealed by him, in behalf of said Corporation, by its authority duly given. And the said acknowledged the said writing to be the act and deed of said Corporation. Notary Public My Commission Expires: D Ti STATE OF NORTH CAROLINA DECLARATION OF RESTRICTIONS LLJJL i AND PROVISIONS FOR PRIVATE 1 02 COUNTY OF ORANGE ROAD MAINTENANCE THIS DECLARATION, made this day of , 1988, by DAVID BANN and JANICE BROWN, hereinafter called Declarants. W I T N E S S E T H: WHEREAS, Declarants own in fee simple the real property described in Article 1 below, known as Setter Run Subdivision, Section II; and WHEREAS, the said property will have acces to S.R. via the private road shown on the plat hereinafter referred to, said private road being known as Setter Lane; WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves, their successors and assigns to provide all owners of any portion of said property owned by Declarants described below perpetual ingress, egress and regress to State Roads; and WHEREAS, Declarants by this Declaration of Restrictions, wish to bind themselves, their successors and assigns to provide for maintenance of said private road until such time as the said private road is accepted by the State of North Carolina for maintenance; NOW, THEREFORE, Declarants agree for themselves and with any and all persons, firmss or corporations hereafter acquiring any of the property described in Article 1 below, that the same shall be subject to the following restrictions, conditions, and covenants relating to the use and occupancy thereof, which restrictions, conditions and covenants shall run with the said property and inure to the benefit of and be binding upon the heirs, successors and assigns of Declarants and other acquiring parties and persons. Article 1. The real property which is, and shall be, held, transferred, sold and conveyed subject to the protective and restrictive covenants set forth in the various Articles of this Declaration is located in Cheeks Township, Orange County, North Carolina, and is more particularly described as follows: BEING all of Lots 5-14, Setter Run Subdivision, Section II, as shown on plat recorded in Book .of Maps , Page , Orange County Registry. Article 2. Declarants hereby grant unto themselves and the future record owners of the aforesaid property adjoining and abutting Setter Lane as shown on the aforesaid recorded plat and as said road may be extended into the aforesaid property, perpetual ingress, egress and regress along the said road and for the purpose of installation and maintenance of utilities. Article 3. Declarants, so long as they shall be record owners of any of the aforesaid property, shall be responsible for the maintenance 103 of said private road as herein provided in the event Declarants no longer own any of the aforesaid property, the owners of Setter Run Subdivision, Phase II, as shown on the recorded plat herein before referred to shall be responsible for maintenance as herein provided. Article 4. Each record owner of any of the aforesaid property abutting on said road shall bear on a pro-rata basis the cost of maintaining said private road, this being each owner's pro-rata share for grading costs, gravel, or rock hauled in to fill ruts, holes, and washed out sections and necessary replacement of, or additional drainage culverts. Written notice to all proposed maintenance shall be made to all owners of record at their last known address. Setter Lane shall be maintained to Class A standards as prescribed by Orange County now and as the same may be revised from time to time. Maintenance and repairs necessary to keep the said road to Class A standards shall be approved by a majority of the votes cast with respect to the proposed maintenance provided that for this purpose each owner shall have one vote for each "point" assigned to his property. Each owner's pro-rata share of the maintenance costs of said private road shall be computed by a point system whereby one point is assigned per each acre owned, calculated to the nearest acre, and three points for each occupied dwelling unit and each owner's share shall be in proportion of his total points to the total points of the aforesaid property. Each owner's pro-rata share of the maintenance cost of the said private road shall be due and owing to whomever takes at that time responsibility for maintenance of said road within thirty (30) days of the work being completed. If not paid by that time, then said costs may be reduced to a judgment and shall become a lien on the land of the defaulting owner. Article 5. In the event that the said private road is extended within the aforesaid property, the costs of maintaing the entire road system shall be borne by all the owners of said property on the point system set forth above; provided, however, that the initial costs of constructing any extension of the road shall be borne solely by the owners of the portion of said property abutting said raod extension as they may agree, of if they do not agree, then by the same point system as set out above. Article 6. In the event Orange County or any other governmental body, as a condition to the approval of any further subdivision of the property described in Article 1, may require said private road to be upgraded above a Class A standard or publicly dedicated and constructed to Department of Transportation standards, then in that event, Declarants and all persons taking title to the property described in Article 1 shall be responsible for maintenance and the costs of maintenance of the entire road system to the new standard on the point system described in Article 4. Provided, however, that the initial cost of constructing the road or any portion of the road to a higher private road standard or to Department of Transportation standards shall be borne solely by the owners of the portion of said property, the subdivision of which requires that the road or any portion of it be upgraded. The cost of constructing the road or any portion of it to a higher private road standard or to Department of Transportation 1 O 4 standards shall be shared by the owners responsible for the upgrading according to the point system described in Article 4. In the event public dedication of the said private road or any extension of the private road or portion thereof is required by Orange County, Declarants and all persons taking title to the aforesaid property from and through Declarants shall publicly dedicate the portion of said road required to be dedicated. Article 7. The private road located within said property may be dedicated to the public at the election of the owners in the event dedication is not required by a governing body as set forth above. In that event, the owners and their successors in title and interest to any of the property described herein will remain responsible for road maintenance as here provided until such time as the road dedicated is maintained by the North Carolina Department of Transportation or other governmental body. Article 8. This Agreement shall run with and be appurtenant to the land and shall be binding upon the heirs, successors, and assigns of each record owner of the aforesaid property. Article 9. This Agreement shall remain in full force and effect until such time as said road or any portion thereof is taken over by the Department of Transportation for maintenance purposes, and any portion of said road not so taken over shall remain in full force and effect. IN WITNESS WHEREOF, Declarants have caused this instrument to be signed and sealed on the day and year first written above. (Seal) • DAVID BROWN (Seal) JANICE BROWN STATE OF NORTH CAROLINA COUNTY OF I► , a Notary Public of the county and state aforesaid, do hereby certify that DAVID BROWN and JANICE BROWN personally appeared before me this day and acknowledged the due execution of the foregoing Declaration of Restrictions and Provisions for Private Road Maintenance. Witness my hand and notarial seal, this day of 1988. Notary Public My Commission Expires: 105 6 a part of the Subdivision Regulations that requests for review be sent to Soil Conservation Service. Collins also noted that another reason for requesting this review was that there had been some problems experienced in installing foundations where there were soils that had a very high shrink and swell potential. This would provide much needed information for the developer as well as the homeowner and builder. Pilkey expressed concern with the steep slopes in the building area. The slopes were explained. Jacobs expressed concern with unclear plats being provided by Alois Callemyn who is the surveyor of this subdivision. VOTE: Unanimous . C> (3) Setter Run - Section Two Presentation by Marvin Collins . The 74 . 6 acre tract is located in northern Cheeks Township on the south side of Harmony Church Road ( SR 1339 ) west of Efland-Cedar Grove Road (SR 1004) . The property is zoned Agricultural- Residential and Protected Watershed II (Upper Eno) . The Land Use Plan designation is also Agricultural-Residential. Section One of Setter Run consists of four (4) lots which were created through a minor subdivision in October, 1987 . Ten ( 10) lots are proposed in Section Two which range in size from 2 . 86 acres to 18 . 1 acres and will have individual wells and septic tanks . The applicant has proposed a Class B private Road to access the ten lots as shown. The required private road justification is included in the agenda packet. Restrictive Covenants and a Road . Maintenance Agreement have also been submitted. All applicable agencies have reviewed the preliminary plan. Due to the location of the proposed subdivision in the Upper Eno Protected Watershed, and based on the design features included, the Planning Staff recommends a Class A private road to access the ten lots proposed. The plan is consistent with Orange County' s policy of protecting water quality and it preserves the rural character of the County by providing: 106 1 . Larger lots than required; 2 . Larger building setbacks than required; 3 . More landscaping than is required; 4 . The maximum stream buffer; 5 . Restrictive covenants to prevent further subdivision of the ten lots proposed, to preserve landscaping, and to provide appearance guidelines; and 6 . A 50-foot strip of common open space surrounding the subdivision for equestrian trails . The Planning Staff recommends approval of the preliminary plan for Setter Run Section Two with a Class A private road subject to the following conditions : 1 . Restrict the use of Setter Lane to only the ten lots in Section Two; 2 . Submit Restrictive Covenants and Road Maintenance Agreement for review and approval - by the County Attorney; and 3 . Provide a note on the final plat regarding restricted use of the required Stream Buffer. Best asked how condition #1 would apply in the case of further subdivision. Collins responded that adjoining tracts had other available access . He continued that this condition would combine with restrictive covenants to insure no further subdivision within this development. The reason Staff recommended a Class A private road was that this subdivision is being developed to the point where a Class A road is normally required. Best asked that a condition #4 be added as follows : Restrictive covenants to prevent further subdivision of the ten lots proposed, to preserve landscaping, and to provide appearance guidelines . MOTION: Best moved approval with the four conditions . Seconded by Pilkey. 107 8 Best noted that he felt that this subdivision was being developed in a manner that does warrant a private road. VOTE; 7 in favor. 1 abstained (Yuhasz - due to professional conflict interest) . c . Partial Width Right-of-Way ( 1 ) Frances S . Howard Presentation by Marvin Collins . Mrs . Frances Howard and husband, William, currently reside on the property and wish to pro- vide two lots for their sons, Charles Howard and Nathaniel Howard. The Planning Board granted Mrs . Howard a 25 foot partial width right-of-way on December 17 , 1984 . A 40 foot private road (Jack Gates Road) approximately 1100 feet in length would be connected to the 25 foot easement (granted by Mrs . Juanita McCauley, Lot 21A) leading to the subdivision. However, when the Easement Agreement was prepared Mrs . McCauley refused to sign. She was willing to provide a verbal agreement only. Mrs . Howard has since arranged an easement with another property owner, Mr. Raymond Atwater. To provide access, a 30 foot easement 413 . 45 feet in length would be connected to a 50 foot easement leading to the subdivision. A Class C private road (Howard Hill Road) is proposed. A partial width right-of-way is needed due to the topography of the land and the lot configuration. Collins reviewed the copy of the plat in the agenda packet (attached as part of these minutes ) explaining the easement agreement with Mr. Atwater. The Planning Staff recommends approval . MOTION: Best moved approval . Seconded by Eddleman. VOTE; 7 in favor. 1 abstained (Yuhasz - due to professional conflict of interest) . p 108 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 1988 Action da Item #� SUBJECT: REQUEST FOR PARTIAL WIDTH R/W - FRANCES S. HOWARD DEPARTMENT: PLANNING PUBLIC HEARING Yes _x_No ATTACHMENT(S) : INFORMATION CONTACT: Jane Garrett Partial Width R/W Checklist Minor Subdivision Application Vicinity Map Letter from Property Owner Granting Easement Planning Board 4/18/88 Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane -- 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider a request for a partial width right-of- way. BACKGROUND: Mrs. Frances Howard and husband, William, currently reside on the property and wish to provide two lots for their sons, Charles Howard and Nathaniel Howard. The Planning Board granted Mrs . Howard a 25 foot partial width right-of-way on December 17, 1984 . A 40 foot private road (Gates Road) approximately 1100 feet in length would be connected to the 25 foot easement (granted by Mrs . Juanita McCauley, Lot 21A) leading to the subdivision. However, when the Easement Agreement was prepared Mrs. McCauley refused to sign. She was willing to provide a verbal agreement only. Mrs . Howard has since arranged an easement with another property owner, Mr. Raymond Atwater. To provide access, a 30 foot easement 413 .45 feet in length would be connected to a 50 foot easement leading to the subdivision. A Class C private road (Howard Hill Road) is proposed. A partial width right-of-way is needed due to the topography of the 2 109 land and lot configuration. At its April 18, 1988 meeting, the Planning Board recommended approval of the partial width right-of-way of 30 feet. RECOMMENDATION: The Administration recommends approval per the Planning Board recommendation. DRAIlio 8 Best noted that he felt that this subdivision was being developed in a manner that does warrant a private road. VOTE; 7 in favor. 1 abstained (Yuhasz - due to professional conflict interest) . It> c . Partial Width Right-of-Way ( 1 ) Frances S . Howard Presentation by Marvin Collins . Mrs . Frances Howard and husband, William, currently reside on the property and wish to pro- vide two lots for their sons, Charles Howard and Nathaniel Howard. The Planning Board granted Mrs . Howard a 25 foot partial width right-of-way on December 17 , 1984 . A 40 foot private road (Jack Gates Road) approximately 1100 feet in length would be connected to the 25 foot easement (granted by Mrs . Juanita McCauley, Lot 21A) leading to the subdivision. However, when the Easement Agreement was prepared Mrs . McCauley refused to sign. She was willing to provide a verbal agreement only. Mrs . Howard has since arranged an easement with another property owner, Mr. Raymond Atwater. To provide access, a 30 foot easement 413 .45 feet in length would be connected to a 50 foot easement leading to the subdivision. A Class C private road (Howard Hill Road) is proposed. A partial width right-of-way is needed due to the topography of the land and the lot configuration. Collins reviewed the copy of the plat in the agenda packet (attached as part of these minutes ) explaining the easement agreement with Mr. Atwater. The Planning Staff recommends approval. MOTION: Best moved approval . Seconded by Eddleman. VOTE; 7 in favor. 1 abstained (Yuhasz - due to professional conflict of interest) . 1 1. MRS. FRANCES S. HOWARD MINOR SUBDIVISION PARTIAL WIDTH RIGHT-OF-WAY CHECKLIST (Adopted from Orange County Subdivision Regulations Section IV-B-3-c-2) NATURE OF SUBDIVISION - Topography - gradual incline, 3% grade, sloping away from NC Highway 54 toward the creek due north - Surrounding area - single family residences, Saffelle, Inc. - Future Road Plans - Class C Private Road - Access by public safety vehicles - topography fair , direct access to be provided to NC Highway 54 CONSTRUCTION OF ROAD: Proposed Howard Hill Road to be built to Orange County' s Class C private road standards. RIGHT-OF-WAY WIDTH: 30 feet wide with a length of 413 .45 feet, 50 feet wide with a length of 344 .47 feet. - Fire District is South Orange Rural Fire District CONDITIONS: - The provision of a full right-of-way is difficult to obtain due to the lot configuration and slope. - An alternate easement was denied by the neighboring property owner . 112 MINOR_LAIELLVISION APPLICATION P roperty Owner ( s ) Jt)I/f', 4 rn 14- Fi Ati C /E{4 W,0 P..Q Address 1T /k" t x �/l Phone (q/Y ) 9P9'9467 Developer/Contact Name i tJ_ /166,./GiA-4 Wo, Address„ a�_9 NG�u±-� 7RI�� G(4i-J . /� Phone ( 919 ) 3 'SggO (Ni,, Location of Property eI4AIP,�Z. PILL . 1/2 . ca.,/ township map block lot Zoning T -3 _ Pi_U� Fire District. 50(..171 r) .AtUC Watershed UNIV. LAIL - Impervious Surface 12 °/D Joint Planning : C. H. Carrboro /' School D istr ict MAPEL P/LL State Road Number A/C SV _ Name Type_ PAVED Private Road Class, l- Name POWA at) 11 1LL 120AD - Do you plan to build the road before final approval ? or secure construction with a security document? `! Utilities : Public Sewer Community System Septic Tank- 4 Public Water_ Community Water Well If on a septic system, the Health Department must examine all existing and potential building sites on lots shown on the plat. Total Lot Area // A C Number of Lots_ Lot Number: Size of Lots: Structures ( proposed or existing) A 9 Ac int62 Id-on-,4-- PR0POSt-t, AC /�dm PROAOS� y/ l L C r'xI c 7NE� F L)iV ! 1 A'r I (We) hereby certify that I ( we) have read the above infor- mation and that the information I ( we) . have supplied is accurate to the best of my ( our) knowledge. 1 (We) under- stand my ( our) application is not complete and cannot be approved unless all required information and material has been provided . Date Signature Date Signature Filing Fee is of Lots Fee _ _ Private Road Fee Other Fee__ Total Fees Date Paid _ d ,. dl 1.13 - - 6080 ' F RAM C 5 5 p op-wAy � PA 12I1 A-1., WI D114 � � �\wtc` . ......, . OIIC`• 1 - •6988 ... _ -..,. _ ........ . 1.01 .4_ -1 1/ a-59AC•.0.. . ._, • _. ., :. , ___-_-J--_ __ __2 - _ I RDA �ypCK�;ATEs -- �` CIRCLE 1 C 1943. %.1.1'.. __. '-:.-_ ....':--,.i. •-.77 - . wiiiiAilh :...,.. - ‘ .1 '- 0-- ---- 5.69 AC. .— . •9441 28.3 . AC7-1 I 1 ._.- . i ' ... — 6967 - .• ,l'" -. .'.__ . - 16A . ,s ./ B .95 s Y ^33s. 1 . I--=1 i /, 642 AC.-1 : ',. 10 AC. = CAL i :��- 3 • '1 . I • / '', L 0677 \ '. _-, 0 -.� \ °�� 3104c - - - 11 , AC. 21 • c� 2 II AC- \ u.1 2186 - II .AC - ` Ia . 6236 Jup X11 Tk 1 MGLAuLY \ o - 1 gE . 40- . 22. - • 1 4- AC. ' • .1 MAP 1128 , -���— .ty ;�r''r S 0 r a�uzE . QN 1 �� (AIWA 25 SEE M illi •4615 SAC;S / 2 AC ` "� ' JEF ATWA7ER . 1. 24 1.T2 l7 2A� C)4885 9928 AC A:. 1AL; r p a�'` . f 1 7 - f� GA \14.2BAC 11 6, ,�� 5 .8.5-AC . 13—G "R' ' : - ' l __ �, 112 ..z i J Ii=app,-O' - �,, 0 0 • - N I I -7 . , V. .ArwATER MVA5) !Net _ . . . .. G RA qtr OF EALSYJv - - • _ . _ . . .. _ I . , 1 ..... • ._,...._ .. 22 SOH _ • O4.gNGE I - - _ FIRE- • I 2 • -4767 = 7784 . 9753 . 0 . 0 o Q = 1.631 AC. 1.502 AC 1.502 AC. 1.504 _ AC. • ---i- HIGHWAY 54 WEST sV- .; f4ot, E s . ,ys nh � 5 x a� 1.15 1 h E D IC. II 4 / V ia. ~1—____.I .'0 I 0 k CDl 0, G"q 0 = 0. O M _______ ______ ____________I i ii W Q .b� • .LZ ZB( Q Alk 6fi ,00 0/Z .[9 F2/ w ti 3 9B/S M6/-BS-SOS s�L f o h L /alOn/1d •Oz'/ca a B r9�"t • b eo „ • se s/o Obpy 77/H OeJbMpy o A 33b0-a0. 2 ry I 36/-BS-S0 N I .._ co Q �2N • n ®Q V h ,. 0 O I o O T 4 N u N.te CS p 3 Q s_.. U p/ C ti 7 322.2„ O h 4 a ` 2 1, '00.OS' c Cc x e4 v ,0ai Q v OZ. �� 1 N Q O -N r 1 , ti 0 y 2 D1 w rN Q ° o ° O e Ch Hi `� l i kki Lu W r (" Q .'J o o hq V )-- 4 I r o ...1 OI I7K -1 r «. ` (..) NDREWS 116 . TWA__TER 104 Jones Ferry Rd- Suite C, Covenant Office Center. Carrboro, NC 27510 Office Phones: (919) 968-O662 and (919) 933-2287 `REALTY March 11, 1988 Mr. Charles Howard 269 Nature Trail Chapel Hill, NC 27514 Dear Charles: I am pleased to meet your request in writing for a verification of our willing- ness to grant a driveway easement and to clarify our position with regards to width. We are willing to grant a 30 foot wide easement running from North to South on the West property line of ourlot shown on the Tax Map as 7.112E.0.3. Considering the narrow width of the lot (about 150') and the topography (the lot slopes steeply down from West to East with a small creek on the East property line) , we feelthat we cannot grant more than a 30 foot wide easement without destroying our only chance for a building site. As we have discussed earlier, the reason for our willingness to grant any easement at all is in exchange for a suitable perc site on your land to the rear of our lot, again as a result of the steep topography that excludes all areas on our lot from approval by the Orange County Health Department. If a variance can be obtained from the Orange County Planning Dept. ,we are certainly willing to proceed immediately! Respectfully submitted, Atwater Farms,Inc. � 1� V Raymond W. Atwater, President 117 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1988 Action Agenda Item It (7 rl SUBJECT: ADDITIONS TO OPEN SPACE TECHNICAL ADVISORY COMMITTEE DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Planning Membership List Director TELEPHONE SRS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider the addition of new members to the Open Space Technical Advisory Committee. BACKGROUND: At its November 17, 1987 meeting, the Board of Commissioners approved the establishment of an Open Space Technical Advisory Committee and the appointment of 16 persons to serve on the Committee. The purpose of the Committee is twofold. First, the Committee is to assist in the selection of a consultant to prepare the Open Space Plan. Second, the Committee is to serve as a citizens advisory group and work with the consultant in preparing the Plan. To provide greater representation of interests throughout the county, seven (7) additional members ahe proposed. A larger committee will also assure adequate participation, since meeting schedule conflicts frequently arise, and all members are not able to attend. A membership list which identifies the original and proposed appointees is attached. RECATION: The Administration recommends approval of the additional appointments to the Open Space Technical Advisory Committee. _ t , X - New Appointee 118 0 - Original Appointee ORANGE COUNTY OPEN SPACE TECHNICAL ADVISORY COMMITTEE Member Area of Interest. X Mr. Roger Walden, Planning Director Chapel Hill Town of Chapel Hill Planning Director 306 North Columbia Street Chapel Hill, North Carolina 27514 968-2728 (0) X Mr. Roy Williford, Planning Director Carrboro Town of Carrboro Planning Director 301 West Main Street Carrboro, North Carolina 27510 942-8541 (0) 0 Mr. Barry Jacobs, Chair Planning Board Chair Orange County Planning Board & Historic Site c/o Route 6, Box 743 Caretaker Hillsborough, North Carolina 27278 732-4941 (H) 0 Dr. Carole Crumley Orange County Route 8, 105 Billabong Lane Environmental Affairs Chapel Hill, North Carolina 27514 Board 929-4863 (H) 0 Mr. Richard Ward, Chair Recreation & Parks Orange County Recreation & Parks Advisory Council Advisory Council Chair c/o Route 1, Box 112E Efland, North Carolina 27243 682-7153 (0) 732-6940 (H) 0 Ms. Lorraine Parker Former Recreation & c/o Route 1, Box 135B Parks Advisory Hurdle Mills, North Carolina 27541 Council Chair 732-7426 (H) 732-6136 (0) 0 Mr. Judson Edeburn Duke Forest Resource Duke Forest Resource Manager Manager c/o School of Forestry & Environmental Studies Duke University Durham, North Carolina 27706 684-2421 (0) 0 Mr. Lester Ray Southern Orange Route 1, Box 86 Farmer/Regional Chapel Hill, North Carolina 27514 Director - N. C. 929-8328 (H) Dairy Herd Improvement Assoc. 119 0 Mr. Patrick Davis OWASA Representative Assistant to the Executive Director Orange Water & Sewer Authority P. O. Box 366 Carrboro, North Carolina 27510 968-4421 (0) 0 Mr. Carl Walters Northern Orange Route 2, Box 225 Farmer/Orange County Efland, North Carolina 27243 Agricultural Advisory 563-3842 (H) Board/Former Planning Board Vice-Chair 0 Mr. Michael Washington District District Conservationist Conservationist-SC5 U. S. D. A. Soil Conservation Service 3O6D Revere Road Hillsborough, North Carolina 27278 732-8181 Ext. 451 (0) X Ms. Mary Anne Black Orange County Recreation & Parks Director Recreation & Parks Orange County Recreation & Parks Director Department P. O. Box 8181 Hillsborough, North Carolina 27278 732-8181 Ext. 292 (0) X Mr. Rocky Hall Cedar Grove Route 1, Box 209E Township Advisory Efland, North Carolina 27243 Council 563-1330 (H) D Ms. Elizabeth S. Dyer Eno Township Route 1, Box 150, Dumont Drive Advisory Council/ Hillsborough, North Carolina 27278 Eno River Assoc. 732-6030 (H) 0 Mr. Kirk Pelland Chapel Hill Route 3, Box 338, Davis Road Township Advisory Hillsborough, North Carolina 27278 Council Chair/UNC 966-5471 Ext. 64 (0) Forest Resource Manager 0 Mr. Steve Cruise Duke Power Company Duke Power Company Representative Old N. C. Highway 86 South Hillsborough, North Carolina 27278 732-2115 (0) • 120 0 Ms. Lisa Packenham Development Community c/o Allenton Realty & Insurance Co. 147 West King Street Hillsborough, North Carolina 27278 732-6101 (0) 0 Mr. Dawson Sather Environmental 800 Pritchard Avenue Inventory University Gardens D-10 Consultant/Biologist Chapel Hill, North Carolina 27514 967-9606 (H) 0 Ms. Olivia Ludington Triangle Land Triangle Land Conservancy Conservancy c/o 304 Ray Road Representative Chapel Hill, North Carolina 27514 929-2259 (H) 0 Mr. Bill Mainous Former Agricultural 427 North Cameron Street Extension Agent for Hillsborough, North Carolina 27278 Orange County 732-6918 (H) X Ms. Dolly Hunter Development Route 3, Box 685 Community Hillsborough, North Carolina 27278 X Ms. Minerva Kenyon Hillsborough Tree 122 East Tryon Street Board Hillsborough, North Carolina 27278 732-4486 (H) X Dr. Phillip Sloane Chapel Hill Greenways 124 Maple Drive Commission Chapel Hill, North Carolina 27514 929-1015 (H) 121 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 2L 1988 Action 44911ida Item # SUBJECT: PETITION FOR ADDITION OF TALLYHO TRAIL, HUNTSMAN COURT, AND LAIR COURT IN FOX MEADOW SUBDIVISION, TO THE STATE MAINTAINED ROAD SYSTEM DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk 4/13/88 Letter from J.M. Mills to County Manager Secondary Road Addition Investigation Report TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -- 968-4501 PURPOSE: Consideration of a petition from NCDOT for approval of the addition of Tallyho Trail, Huntsman Court, and Lair Court in Fox Meadow Subdivision, to the State- maintained Secondary Road System. BACKGROUND: The North Carolina Department of Transportation has submitted a petition for the addition of Tallyho Trail, Huntsman Court, and Lair Court to the Board of Commissioners for review. The Board' s decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the roads to the State-maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Tallyho Trail, Huntsman Court and Lair Court in the Fox Meadow Subdivision to the State-maintained secondary road. E';,a SrATF" • 7 r = � APR 1 5 1988 122 ;W ^'_ \ R��,►„.a y x 18-SS 1 Cr STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN April 13, 1988 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. John M. Link, Jr., County Manager Orange County 106 East Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Tallyho Trail, Huntsman Court, and Lair Court in Fox Meadow Subdivision Dear Mr. Link: Attached is Form SR-4, Secondary Road Addition In- vestigation Report, for Tallyho Trail, Huntsman Court, and Lair Court in Fox Meadow Subdivision. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, J. . Mills, P. E. DISTRICT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION 123 DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT County Qange Co. File No. Date Township Chapel gill Div. File No. Tallyho Trail, Local Na meEoptsinpn Cattrr,, /Air Court Subdivision Namegox Meadow See Attached Length t Width ITO Type _ 1-1 Condition Good Is this a subdivision street subject to the construction requirements for such streets? up Recorded Soe sttarhadBook See attachedPage$ee attached Is this a subdivision street subject to participation paving? No Number of homes having entrances into road -S' eattabhed sheet Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement? Yea If not, why? Is petition (SR-1 ) attached? Yea Is the County Commissioners ' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? Yes If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yee Cost to place in acceptable maintenance condition: Total Cost $ 0.00 Grade, drain, stabilize $ , Drainage $ , Other S ----- Remarks and Recommendations Meets minimum requirements. Recommend addition. Reviewed and approved Board of Transportation Member Reviewed and approved J. W. 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'-. .....:,',.-:,-::-.;--.-..:._,:.;: -•.:-..,::.',,' 2 r.:,- .:- ...---.t- --,•. .--.--.........:.- :.: .-:-.•.-.i.:.....,-.,-' i„.. .., ..... .... _. • • .•, • - - - . • .. .= . . . . .. ._... . .,.._. _ ._.. - • • • ' - . - •- -• - . - • .• .. . -• - .., .- ..._ •-••• • .. . . - . . • . . • .. . ......,-__....___,-:-....... ..._;.•,..:.•,.-,Zi:"7..-.:;=..::-..:"..,;:z.7:::.%":1'"';.".:":;7''777-•;:::177t:::-7L"tz..:::3Zii.t,; .,-... -..:-.7.7.=....--- .-. .---.•-....7-...:::_.--.. -;:r.--...:---77-..T2.t.!:="::::--....7.:"...7.7.:7::=1:!':■:-..!.:7'..!...=;Z:-..---:.'.• : I .-- .,.... .. . . .. „.... . .. .:, .. . . . . _ . 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS 126 ACTION AGENDA ITEM ABSTRACT Meeting Date May 2 , 1988 Action nda Item # SUBJECT: NCDOT TRANSPORTATION IMPROVEMENT PROGRAM ACTION BY: MAY 2, 1988 DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell Chapel Hill Request (Staff Recommendation) Carrboro Request Hillsborough Request TIP Hearing Schedule Position Statement TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider endorsement of proposed highway improvement requests by the Towns of Chapel Hill and Carrboro, and to authorize the Chair of the Board to support the requests before the North Carolina Board of Transportation. BACKGROUND: The N.C. Board of Transportation adopts annually a multi-year Transportation Improvement Program (TIP) outlining needed highway improvements and the method and schedule for funding such projects . Prior to adopting the Program, the Board of Transportation conducts a series of meetings around the state to obtain advice from local officials and citizens on needed improvements . On May 5, 1988, a public hearing will be held at Guilford Technical Community College, Price Complex Auditorium, in Greensboro, for officials and citizens in District 7 , the district in which Orange County is located. Representatives from each of the municipalities will be presenting their requests for highway improvements to the Board of Transportation. Each year, the Chair of the Board of Commissioners has attended the hearing and spoken in support of each municipalities request as well as other needs which Commissioners have identified. 2 12'7 A coordinated effort to support projects within Orange County increases the likelihood of specific projects being included in the TIP, particularly when improvement needs are great and funding sources limited. RECOMMENDATION: Authorize Commission Chair or designee to attend Transportation Improvements Program hearing and speak in support of improvement needs identified by municipalities as well as those identified by the County. FE'E EIVE Gs A TOWN OF CHAPEL HILL 128 HIEHWAY IMPRO'VEMEWT•REQUESTS Priority listing of needs by eligible Federal funding source: FY 89-89 Staff Recommendation FEDERAL AID FUNDS Priority Primary Secondary Urban Transportation System Management t 1 Widen and improve Widen and improve Widen existing Sage Purchase and install US 15-501 from the 86 from Homestead Road, 2-lane improved traffic US 15-501 Bypass Road to the I-40 segment north of signal system to the Chatham interchange 15-501 County line 2 Improve the US Construct Sage Rd Widen and improve Improve intersection 15-501 intersection Extension Weaver Dairy Road of Raleigh St!Country Club with Sage Rd. and from existing Weaver from Sage Road Old Durham! Dairy Road to Extension to Chanel Hill Rd Erwin Road NC 86. 3 Widen and improve Build Laurel Hill Widen NC 8b from Complete improvements US 15-501 from Parkway from US Estes Drive to at Dobbins/Erwin Franklin Street to 15-501 to NC 54 Homestead Road intersection the 1-40 interchange along a new alignment 4 Improve and extend Widen and improve Complete connection Improve left turn frontage roads alone Mt. CarR,el Church of Frances Street storage at Franklin/ US 15-501 from Rd. from US 15-501 from the US 15-501 Boundary intersection Franklin Etreet to to Chatham County Bypass via Willow the I-40 interch•n,e line Drive to Ephesus Church • Road 5 Widen Old Durham- Complete Pittsbcro Extend left turn Chapel Hill Road Et. Ecten:sion from storage along 15-501 from Scarlstte Dr. Cameron Ave. to at EuroasfErwin to the Durham County Airport Road intersection line t This project is included in State TIP for feasibiI__tY study. tt The 15-5011 Bypass and South Columbia Street projects have already been included in the State's '!F and will continua to be Town roadway _ccrcvesent orior_ties. 129 TOWN OF CHAPEL HILL BIKEWAYS IMPROVEMENT REQUESTS FY 88-89 Staff Recommendation 1 Estes Drive: Widen shoulders from Airport Road to Caswell 2 South Columbia: Widen shoulders from Manning Dr to Culbreth Rd 3 Weaver Dairy Road: Widen shoulders from Airport Road to Erwin Rd 4 Bikepath (Bolin Crk) from Airport Rd to Franklin St 5 NC 86: Widen shoulders from Homestead to I-40 6 Homestead Rd: Widen shoulders from Airport Rd to Seawell School Rd 7 Seawell School Rd: Widen shoulders from Homestead to Estes TOWN OF CARRBORO D E C I s G� D 1988-1989 TRANSPORTATION IMPROVEMENTS PROGRAM Adopted by Carrboro PRIMARY Board of Aldermen 3-22-P.8 130 1. Widen NC 54 to a four lane boulevard facility from 15-501 - to the intersection of NC 54 and Old Fayetteville Road. This project is currently included in the State TIP as project U-2003. The Town continues its support of this project. URBAN 1. Widen the following streets to 36 feet with curb & gutter and bike lanes: Hillsborough Street from West Main Street to the Town limits West Main Street from Hillsborough Street to NC 54 North Greensboro Street from Estes Drive to Hillsborough Street This project is currently included in the State TIP as project U-2002. The Town continues its support of this project. 2. Widen Estes Drive to three lanes from the Carrboro Town Limits to North Greensboro Street, and include bike lanes. 3. Improvement of downtown circulation patterns. Specifics will be included in Carrboro's long-range downtown circulation report. 4. Construct a bridge over Morgan Creek on the Old Fayetteville Road Extension as part of the Laurel Hill Parkway and include sidewalks and provisions for bicycle travel . STATE SECONDARY 1. Widen the bridge on Smith Level Road over Morgan Creek to five lanes and include sidewalks and provisions for bicycle travel . This project is currently included in the State TIP as project B-2159. The Town continues its support of this project. 2. Widen Smith Level to five lanes from NC 54 to Rock Haven Road, and to four lanes from Rock Haven Road to US 15-501 3. Widen Jones Ferry Road to five lanes from Old Fayetteville Road to NC 54 TRANSPORTATION SYSTEM MANAGEMENT 1. Implement the recommendations of the Chapel Hill-Carrboro Signalization Study to purchase and install improved signal equipment in the two towns. 2. Installation of an actuated signal with pedestrian controls at the intersection of Main Street-Weaver Street-Carr Mill Mall-Roberson Street BICYCLE PROGRAM 1. Include bike lanes on Estes Drive from the Carrboro Town Limits to North Greensboro Street, as an incidental project, and coordinate this project with project listed in State TIP for Estes Drive from Airport Road to Town Limits in Chapel Hill 131 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 O R A N G E C O U N T Y MEMORANDUM TO: Orange County Board of Commissioners FROM: Gene Bell , Planner III GI RE: Highway Project Request from Hillsborough DATE: April 18, 19$3 According to Janet Rigsbee, Planner, Town of Hil;lsborough, the Town has not taken action on a "wish list" of highway projects at this time. They will , however, be compiling such a list for the May 5, 1988 public meeting. s, SWE 4 0-31-- , 't 13,2 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O.BOX 25201 RALEIGH 27611-5201 JAMES G.MARTIN GOVERNOR DIVISION OF HIGHWAYS JAMES E.HARRINGTON MARCH 14 SECRETARY 1988 GEORGE E.WELLS. P.E. STATE HIGHWAY ADMINISTRATOR MEMORANDUM TO: Technical Coordinatin• Committee FROM: James E. Harrington Ni P "1' SUBJECT: Public Meetings to •.ate Transportion Improvement Program Governor Martin, the Board of Transportation and I invite you to participate in a public meeting to update our Transportation Improvement Program (TIP) . A series of 15 public meetings has been scheduled throughout the state to get your advice on highway improvements in your area. Your comments are carefully considered by board during their update of the TIP. We need you at the meetings to obtain a accurate assessment of the needs and priorities in your area. The TIP process has evolved from a "wish list" to a dependable program of transportation improvements. Last year we started over 90 percent of all highway projects scheduled to start in 1987. Thus, I believe the TIP format is the best way to schedule all types of transportation improvements. In addition to road improvements, we welcome your ideas on airports, public transportation, rail and bicycle projects. Your assistance is vital if we are to continue the high degree of accuracy and dependability currently included in our transportation planning process. If it is inconvenient for you to attend the meeting in your area, you may want to coordinate with other area officials and present a combined priority list of projects for the Board of Transportation to consider. Your recommendations, in priority, should be sent to Mr. George E. Wells , state highway administrator, North Carolina Department of Transportation, P.O. Box 25201, Raleigh, N.C. 27611. JEH/ala Attachment 1988 TIP UPDATE MEETINGS 133 DIV. 1 THURSDAY, APRIL 14 COLLEGE OF ALBEMARLE, BUILDING "B", ROOM 202, US 17 NORTH, ELIZABETH CITY DIV. 2 WEDNESDAY, APRIL 13 COUNTY OFFICE COMPLEX, 229 KINGOLD BOULEVARD, SNOW HILL DIV. 3 TUESDAY, APRIL 12 JAMES SPRUNT COMMUNITY COLLEGE, AUDITORIUM, KENANSVILLE DIV. 4 WEDNESDAY, APRIL 20 HERMAN PARK COMMUNITY CENTER, ASHE STREET (US 70 BUS. ) , GOLDSBORO DIV. 5 WEDNESDAY, MAY 4 TOWN HALL, CARY 316 N. ACADEMY. STREET DIV. 6 MONDAY, APRIL 18 CUMBERLAND COMMUNITY FOUNDATION 310 GREEN STREET, FAYETTEVILLE DIV. 7 THURSDAY, MAY 5 GUILFORD TECHNICAL, COMMUNITY COLLEGE PRICE COMPLEX AUDITORIUM, 400 WEST WHITTINGTON STREET, GREENSBORO DIV. 8 THURSDAY, APRIL 21 RICHMOND TECHNICAL COLLEGE, AUDITORIUM, US 74, BETWEEN ROCKINGHAM AND HAMLET DIV. 9 TUESDAY, APRIL 26 KING COMMUNITY CENTER, RECREATION ACRES PARK, 107 WHITE ROAD, KING DIV. 10 THURSDAY, APRIL 28 NATIONAL GUARD ARMORY, NC 49 , CONCORD DIV. 11 MONDAY, MAY 2 WILKES COMMUNITY COLLEGE, JOHN A. WALKER CENTER, WILKESBORO DIV. 12 WEDNESDAY, APRIL 27 MITCHELL COMMUNITY COLLEGE, AUDITORIUM, WEST BROAD STREET STATESVILLE DIV. 13 TUESDAY, MAY 17 ASHEVILLE - BUNCOMBE TECHNICAL COLLEGE, SIMPSON ADMINISTRATION BUILDING AUDITORIUM, 340 VICTORIA ROAD, ASHEVILLE • DIV. 14 WEDNESDAY, MAY 18 SWAIN COUNTY ADMINISTRATION BUILDING, SUPERIOR COURT ROOM, BRYSON CITY THRUSDAY, MAY 19 BLUE RIDGE TECHNICAL COLLEGE, AUDITORIUM, FLAT ROCK REGISTRATION 1:00 p.m. _ MEETINGS BEGIN AT 2:00 r, ,,, b ORANGE COUNTY COMMISSIONERS 134 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR_ STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT STATEMENT TO THE N.C. BOARD OF TRANSPORTATION MAY 5, 1988 There are numerous road improvement needs in Orange County. The County is one of the fastest growing counties and the impacts of this growth are resulting in severe deficiencies in our road network. To address these deficiencies, Orange County requests that specific projects be included in the Transportation Improvement Program.-_ The projects include- those listed in each of the attached requests of_ the County's three municipal jurisdictions . The : Orange County Board of Commissioners endorses those requests and respectfully asks that each of the projects be included= in- - the - 1989-1998 :Transportation Improvement Program. : _ Submitted -this 5th day of May, 1988 . - ORANGE ._COUNTY BOARD OF COISSIONERS By: Shirley E. Marshall 135 O R A N G E COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Maz s 1988 Action Agenda Item it SUBJECT: ORANGE COUNTY THOROUGHFARE PLAN PUBLIC HEARING: YesX No DEPARTMENT: Planning INFORMATION CONTACT: Planning ATTACHMENT I�') : D i rect or Norwood 3/28/88 Letter Proposed Work Plan TELEPHONE NUMBERS: Draft d/1inut Planning Hillsborough - 73E-8181 Board Minutes Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 schedule for the preparation of PURPOSE: To consider a proposed a thoroughfare plan for Orang e County. March 24, representatives of the N. C. Department of BACKGROUND: On Transportation (NCDOT) met with the Chair of the Commi Manager, County Attorney, Commissioners, County Planning Board Chair, and members of the Planning Department staff to discuss the status of thoroughfare planning for Orange County. As a result of the meeting, Mr. Blake Norwood, Systems Planning Engineer for NCDOT, corresponded with the County Manager on March 28, providing a schedule for development of a Thoroughfare Plan for Orange County. The schedule proposed a coordinated effort on the part of NCDOT and County staff to provide a Preliminary Thoroughfare Plan by July 1. Following local review and comment, the Plan would be finalized and considered for adoption during November. The County Manager requested that the Planing Department reviewtion feasibility of the for the schedule. Preparation rehf for Plan was Transportation Eleme�ilol8ththeoPpopased work plan, underway, and, on April the Thoroughfare BP , lComponent, was presented to the Planning Board. The work plan for the Thoroughfare nglanrCompon Component tracks the NCDOT schedule, providing on the EneLiAlluOINLy Thoroughfare Plan at the 136 August 22 quarterly public hearing. Consideration of adoption of the Plan would occur after the hearing. Following adoption of the Preliminary Plan, efforts would be focused on producing a final version, with a tentative public hearing date set for May, 1989. A consultant would be sought to assist in developing and refining Thoroughfare Plan elements dealing with a County-specific road classification system, private road standards, scenic road standards, a secondary roads evaluation system, and a collector-subcollector road system. The employment of a consultant is proposed prior to July 1. RECOMMENDATION: The Administration recommends approval of the proposed schedule for developing a Thoroughfare Plan for Orange County as presented by NCDOT and approval of the Planning Department work plan for developing same. °'rt snrE 1w, 137 r C ,ti C qty--".:; STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P-O_ BOX 25201 RALEIGH 27611-5201 JAMES G. MARTIN March 28, 1988 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS. P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Mr. John M. Link County Manager P. O. Box 8181 Hillsboro, N.C. 27278 SUBJECT: Orange County Thoroughfare Plan Dear John: Pursuant to our meeting March 24, 1988, I am writing to outline a process to develop an Orange County Thoroughfare Plan. We look forward to working with Orange County staff and elected officials to develop a plan that will reflect the unique needs and goals of Orange County. Attached is a proposed schedule that covers the primary steps that will lead to an adopted thoroughfare plan. This is a somewhat more ambitious schedule that I originally proposed. As you can see the County staff will play a lead role in coordinating this plan with the urban area plans and presentation to the general public. Our staff will develop the preliminary plan and play the lead role in preparing the street appendix. The appendix will detail the existing street system and detail proposals for improvements on thoroughfare plan streets. As pointed out at our meeting, our staff time will be limited. We must continue the Durham-Chapel Hill urban area planning process as our first priority. We will make every effort to complete the Orange County plan along with the DCHC plan. We encourage Orange County to continue to be an active participant in the DCHC Study and hope that the County will be able to mutually adopt a consensus plan in the same time period as other participants . If you have any questions please give me a call. Sincerely, / Blake Norwood, P.E. Systems Planning Engineer cc: Mr. Jim Greenhill Mrs. Shirley Marshall Mr. Bill Buchanan 7/ 138 Orange County Thoroughfare Plan Proposed Schedule I . Review of and other pertinent County, local and docume - and completed May 1. II . Preparation of base map and data collection (traffic counts and base street data) - State - complete by May 1. III. Develop preliminary thoroughfare plan - State - complete by July 1. IV. Local review and comment on Preliminary Plan - Lead role County - July-August. A. Local coordination of urban area plans and Orange County Plan. B. Public meetings. C. Comment to State concerning preliminary plan. V. Develop street appendix to detail plan (preliminary) -State - August 1. VI . Finalize plan - local and State effort - September-October. VII . Local adoption of thoroughfare plan - Local lead - November- December. VIII . Documentation of thoroughfare plan - State - after adoption. LOCAL GOVERNMENT REVIEW ARID COMMENT Receive preliminary plan from HCOOT NCDOT ] -1 ON PRELIMINARY PLAN Planner ltl Meet with Town of Hillsborough - 7 -5 representatives to discuss coordination of preliminary plan with Hillsborough Thoroughfare Plan Q 111 Meet with OCHC representatives to Planner 7 -6 discuss coordination of preliminary Ian with DCHC 1 C FUTURE DATE. d ACTIVITY COMPLETED. 6E— A ACTIV4iY COMPLETED AH ACTIVITY SYMBOLS: d ACTIVITIES i0 BE COMPLETED AT A SPECIFISYMBOLS: kD OF SCIiEDULE. ❑ G ACTIVITY DELAYED TO NEW COMPLETION DATE. • ac w� W I Page I of 3 OBJECTIVE NO. DATE: APRIL 3, 1989 PLAN PROJECT: TRANSPORTATION PLAN - THOROUGRFARES Plan. �11IDRK THOROUGHFARE section for the Transportation Element of the Comprehensive OBJECTIVE: Work jointly with NCDOT to develop STAFF j f M A M J J A S O N D ACTIVITY A 4 Plif NT TASK Planning INITIATE PLANNING PROCESS Meet with TAS to review: Planning - Work Plan - Adopted goals and objectives planner Ill related to transportation - Proposed goals and objectives Send to NCDOT: Planner III Q - Reproducible 1" °2000' county road maps - Land Use Plan - Map of critical environmental features PROVIDE STAFF ASSISTANCE TO NCOOT Assist NCDOT as requested in of Planner III & Q determining characteristics existing road system, i.e., measuring Interns ROW /pavement widths. D Thoroughfare Plan progress report to Planner ill - — 6 -8 TAS MEETING TAS Q LOCAL GOVERNMENT REVIEW ARID COMMENT Receive preliminary plan from HCOOT NCDOT ] -1 ON PRELIMINARY PLAN Planner ltl Meet with Town of Hillsborough - 7 -5 representatives to discuss coordination of preliminary plan with Hillsborough Thoroughfare Plan Q 111 Meet with OCHC representatives to Planner 7 -6 discuss coordination of preliminary Ian with DCHC 1 C FUTURE DATE. d ACTIVITY COMPLETED. 6E— A ACTIV4iY COMPLETED AH ACTIVITY SYMBOLS: d ACTIVITIES i0 BE COMPLETED AT A SPECIFISYMBOLS: kD OF SCIiEDULE. ❑ G ACTIVITY DELAYED TO NEW COMPLETION DATE. • ac w� W I F� rP� Page 2 of 3 WORK PLAN PROJECT: TRANSPORTATION PLAIT - THOROUGHFARES OBJECTIVE NO, DATE: APRIL 3, 1988 OBJECTIVE: Work jointly with NCDOT to develop THOROUGHFARE section for the Transportation Element of the Comprehensive Plan. STAFF M A M 1 1 A S O N D TASK ACTIVITY A IGPI NT Q CONDUCT TAC /PUBLIC INFORMATION Meeting in Little River Township Planner III 7-5 MEETINGS TO OBTAIN COMMENT ON Meeting in Cedar Grove Township Planner !II PRELIMINARY PLAN Q Meeting in Cheeks 'township Planner III 7 -7 Meeting in Eno Township Planner Joint meeting of Planning Board and Planner III �2 TAS for review and comment -i Meeting in Bingham Township Planner 111 7 -13 ORANGE COUNTY ADVISORY AND GOVERNING BOCC review and comment and approval Planner 111 7-19 BOARD REVSEW AND COMMENT of public hearing announcement RELAY COMMENTS ON PRELIMINARY PLAN p comments from the following Planner III TO NCDOT Comile and o N 7 -22 - Town of Hillsborough - DCHC Jurisdictions - TAC /Public Information Meetings - Planning Board - - BOCC - TAS - Planning Staff NCDOT TO FINALIZE PLAN AND DEVELOP Receive DRAFT Plan from NCDOT MCDOT 8 -1 STREET APPENDIX SPECIFIC A ACTIVITY COIAPtETED. AE— ❑ ACTIVITY COMPLETED AHEAD OF SCHCDULE, ACTIVITY SYMBOLS: ❑ ACTIVITIES TO BE ACTIVITY DELAYED COMPLETED AT A TO NEW COIN DATE. DATE. ❑ ❑ MD Page 3 of 3 OBJECTIVE NO. DATE: APRIL 3, 19B8 WORK PLAT V ANSPORTATION PLAN TH U PROJECT TR - OBJECTIVE: Work jointly with NCDOT to develop THOROUGHFARE section for the Transportation Element of the Comprehensive Plan. STAFF J F M A M J J A S O N D TASK ACTIVITY ASSIGPIf; HT Q B -3 ADVISORY BOARD REVIEW AND COMMENT Review and comment by TAS Planner 114 Q ON DRAFT PLAN Review and comment by Planning Board Planner III 8 -15 SECURE PUBLIC COMMENT REGARDING Conduct Public Hearing to receive Planner Ili 8� THOROUGHFARE PLAN FOR ORANGE COUNTY public comment and recommendations of advisory boards and commissions. Refer DRAFT plan to Planning Board for recommendation regarding adoption. SECURE ADOPTION OF THOROUGHFARE PLAN Review and recommendation regarding Planner 111 9-19 adoption by Planning Board Q Review and recommendation regarding Planner III 10 -3 adoption by BOCC Q Referral of plan to State Board of Planner 111 Transportation for adoption Plan Implementation Planning Staff A SPECIFIC FUTURE DATE. A ACTIVITY COMPLETED. ❑E— ❑ ACTIVITY COMPLETED AHEAD OF SCHEDULE. ACTIVITY SYMBOLS: ❑ ACTIVITIES TO BE COMPLETED AT ❑ 3 A ACTIVITY DELAYED TO NEW COMPLETIOIJ DATE. MD DRAFT 4-0-851 PB Minutes 142 9 a. Transportation Plan Framework Presentation by Gene Bell. This item is to consider a proposed work plan for Transportation Element of the Comprehensive Plan. In a memo dated 2-15-88, the Planning Director asked the Planner III in charge of Comprehensive Planning to proceed with development of a work plan and schedule for a County Transportation Plan. Key components of the plan would include thoroughfares, mass transit, bikeways, airports, and rail. The proposed work plan was submitted on 4-8-88 for the Planning Director' s review and comment. The Planning Board, at its long-range meeting on 4-12-88, requested a copy of the proposed work plan following the Planning Director's review. A copy of the memo regarding "Schedule for Completion of the Transportation Element Framework Design" and the memo regarding "Proposed Transportation and Plan Framework and Schedule" are attachments to these minutes . Also specified in the original assignment but not addressed in the work plan was the utilization of a transportation planning consultant. Following the 4-12-88 Planning Board meeting and further discussion at staff level, the consultant issue has been tentatively addressed in a memorandum dated April 14, 1988 (attachment to these minutes) . Staff recommends that the Planning Board comment on the proposed schedule as well as make suggestions on consultant duties and timing. Jacobs referred to the February 15 memo and the issue of private roads . He cited the proposed Governor's Club development in Chatham County and the case of a significant public interest area (mountain) accessed by private roads. He noted that when private roads are addressed in the Orange County Plan situations such as this should be avoided. In relation to scenic roads, Jacobs said the proposal needed to be more specific in regard to policies, programs and ordinances . In regard to Secondary Roads, the consultant needs 143 10 to consider the recommendations of the Secondary Roads Advisory Council and address the equity questions involved in the Participatory Paving Program. Jacobs then switched the discussion to the mass transit section. Bell stated that he did not see a major role for the county except in the case of Human Services, clients and programs . Jacobs stated that he would like to see an expert in transportation planning address the question and determine if there was potentially a greater county role. Jacobs inquired as to why Bell proposed deleting sidewalks from the Bikeways/Pedestrian component of the plan. Bell responded that the major transition areas were soon to be taken over by Chapel Hill and Carrboro as per the Joint Planning Agreement. Jacobs inquired about the transition areas around Hillsborough. Bell stated that sidewalks could be addressed in this area if the Board desired. Jacobs indicated this would be appropriate. Eddleman raised the question of compatibility of the proposed thoroughfare plan with the Hillsborough and Durham/Chapel Hill/Carrboro (DCHC) Thoroughfare Plans . Bell stated that "fine tuning" would be necessary in this regard and that a qualified consultant could address this as well as suggesting feasible alternatives to the NCDOT Plan(s) not consistent with County goals and objectives . Best inquired about the proposed public hearing schedule on the Plan. In particular, were all transportation plan elements to go to public hearing in August. Bell stated that the proposed schedule called for this, but realistically, it was very unlikely this would happen. Bell did emphasize, however, the importance of trying to adhere to NCDOT' s proposed schedule on the County Thoroughfare Plan which would entail going to public hearing in August. Jacobs stated that he could see some other elements of the plan taking as long as eight months to complete. Bell stated that with staff and interns compiling base data this summer and turning this over to a consultant for "fine tuning" , eight months might not be unrealistic; especially taking into account the need for periodic review and comment by the appropriate 144 11 boards and/or the public . Best stated that he wanted to be sure the County was not on a tight time frame with the consultant and wanted to be able to carry over the consultant' s services into the new fiscal year. Collins stated there would be no problem with this . Jacobs referred to the memo dated April 14, 1988 regarding consultant services . He referenced the desirability of the Transportation Planning Consultant working jointly with the Open Space Plan Consultant to define rural character districts and road classifications appropriate thereto. Jacobs also referenced efforts currently in Florida and Chapel Hill in regard to traffic impact ordinances and the desirability of addressing this in the plan. Best asked if the revised work plan needed to be approved by the County Commissioners . Bell said he thought approval of the work plan was within the purview of the Planning Board and TAS. Collins stated that the County Commissioners would have to approve the request for proposals for consultant services and that the work plan would be an integral part of this. 145 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2, 1988 Action I 1 da Item # k SUBJECT: ADVERTISEMENT -- MAY 23, 1988 PUBLIC HEARING DEPARTMENT: Planning PUBLIC HEARING: Yes _X_No ATTACHMENT(S) : INFORMATION CONTACT: Planning Legal Notice Director Proposed Comprehensive Plan Amendments (Separate) Proposed Ordinance TELEPHONE NUMBERS: Amendments Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: Consideration of the legal notice and items for discussion for the regularly scheduled quarterly public hearing on May 23, 1988 . BACKGROUND: The regularly scheduled quarterly public hearing will be held on May 23, 1988 . The Board of Commissioners reviews notices of public hearing for form and content prior to advertisement. The Board also reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Proposed ordinance and/or plan amendments to be considered at the May 23, 1988 public hearing include the following: 1 . Comprehensive Plan Amendments a. Cheeks Township Component b. Eno Township Component c . Hillsborough Township Component d. Chapel Hill Township Component (North of Joint Planning Area) 2 . Zoning Ordinance Amendments a. Article 9 - Signs (Noncommercial Copy) b. Article 6 - Application of Dimensional Requirements (Flag Lots) c . Article 22 - Definitions (Flag Lots) 146 3 . Subdivision Regulations Amendments a. Section IV-B-5 Lot Layout (Flag Lots) b. Section II - Definitions (Flag Lots) Approval of the notice will permit advertisement on May 11 and 18, 1988 as required by N.C . General Statutes . RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for May 23, 1988 . ORANGE COUNTY PLANNING DEPARTMENT i 4 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 .r c, [_ raul NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE COMPREHENSIVE PLAN, ZONING ORDINANCE AND SUBDIVISION REGULATIONS FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Sections 240, 323 and 343, and Article 20, Sections 20. 5 and 20. 6, Articles 2. 2. 12 and 2. 2. 13 of the Orange County Zoning Ordinance, and Section VIII of the Orange County Subdivision Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New) , 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, May 23, 1988, at 7:30 p. m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY COMPREHENSIVE. PLAN The proposed amendment to the Land Use Element of the Dranpe County Comprehensive Plan is as follows: 1. Amend the Land Use Element of the Dranpe County Comprehensive Plan to address changing township land use and population patterns, and in response to a five-year update schedule specified at the time of Plan adoption in 1981. Specific townships and issues to be addressed include the following: a. Section 3. 8 Cheeks Township - Protection of the Upper Eno, Cane Creek, and Back Creek watersheds; preservation of open space areas, including County- . owned lands and Moorefields; and orderly expansion of rural residential development. b. Section 3. 9 Hi l l sboraugh Township - Expansion of the Hillsborough growth area; protection of the Upper Eno watershed and Duke Forest; and preservation of rural character in the northern portion of the township. 148 c. Section 3. 10 Eno Township - Protection of Eno River State Park and Duke Forest ; preservation of rural character in the northern portion of the township; and orderly expansion of the Hillsborough-Durham growth areas. d. Section 3. 12 Chapel Hill Township of the Joint Planning Area) - Protection of Duke Forest (Couch Mountain tract) ; and preservation of existing rural character. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 9. SIGNS by adding wording to Article 9. 5 which allows any permitted sign to bear noncommercial copy in-lieu-of commercial copy. 2. Amend ARTICLE 6. APPLICATION OF DIMENSIONAL REQUIREMENTS by adding a new Article 6. 2. 3 which permits flag lots in new subdivisions if the proposed lots meet criteria set forth in the Subdivision Regulations. 3. Amend ARTICLE 22. DEFINITIONS by adding a definition of flag lot. ORANGE COUNTY SUBDIVISION REGULATIONS The proposed amendments to the Orange County Subdivision Regulations are as follows= 1. Amend SECTION IV-B-5. LOT LAYOUT by adding criteria under which flag lots may be permitted in new subdivisions. 2. Amend SECTION II. DEFINITIONS by adding a definition of flag lot. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence presented at the public hearing will be examined by the Planning Board and Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. 149 Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from l8:00aa. m. to 5:00:00op. m. , Monday through Friday. You may 9251. Marvin Collins, Planning Director PUBLISH: May 11, 1988 May 18, 1988 150 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 9 - Signs ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public x Other: County Attorney STAFF PRIORITY RECOMMENDATION: _x_High Middle _Low Comment: EXPECTED PUBLIC HEARING DATE: April 25 , 1988 PURPOSE OF AMENDMENT: Article 9 will be amended by adding a sentence which demonstrates that the sign section does not favor commercial signs over noncommercial signs . IMPACTS/ISSUES: The United States Supreme Court has upheld the proposed wording in another sign ordinance as demonstrating it did not favor commercial signs over noncommercial signs . PROPOSED ORDINANCE REVISIONS: Section 9 . 5 will be amended to include the following sentence after the first sentence: Anv sign authorized by this ordinance may contain noncommercial covv in lieu of anv other co'ov. i 151 9.3 Prohibited Locations For Sions Except where specifically permitted by this ordinance, all sions, including the supports, frames and embellishments thereto, shall not be located within any required setback area or public right of way, nor shall any sign be attached, . affixed or painted upon any utility poles, any tree, rock, or other natural object within the public right of way. No sign shall be permitted on the side street frontage of a corner building, if such building is located within one hundred feet of a Residential District. 9.4 Restrictions On Illumination, Etc. • • No source of illumination on a sign, such as floodlights, spotlights , unshielded bulbs, etc. , shall be directly visible from any public right of way, from any residential- district • or from adjacent. premises.- Animated, rotating, or other mov- ing or apparently movinng installations are prohibited. 9.5 Sions Subiect To Control All signs visible_ from the public right of way shall be. erected, maintained and operated in accordance with this ordinance and other relevant controls unless specifically excepted. Signs . not subject to the provisions of this ordinance are listed in • 5.6.� 9.6 • Sions Not Subject To Permit Requirements 'The following signs are not subject to the permit require-- ments ordinance: -- a) Non-illuminated sions not exceeding 2 per lot and 2 square feet in area, of a non-commercial nature and bearing only property identification numbers and names, post office box -numbers and names of occupants of the premises. b) Flags and insignia and sions of any government, when displayed in connection with a non-commercial activity. One flag of the United States displayed in connection with a commercial • activity. c) Lecal notices, identification and informational signs and traffic directional signs erected by or on behalf of a governmental body. d) Integral decorative or architectural features of buildings, 3 except letters, trademarks, moving parts or moving lights. e) Sions directing and guiding traffic on private property, not exceeding 4 square feet each, and bearing no advertising matte:. ended f) Sions, not exceeding 16 square feet in area and limited to 3/Ba 2 single--faced signs or 1 double-faced sion at each point of ecress, riving the name of residential subdivisions, multiple family housing developments, or motile home courts. 152 COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW F.Q. DRAWER 1529 129 E. TRYON ST. HILLSBOROUGH, N.C. 27278 March 8 , 1988 919-7322196 919-9428000 CHAPEL HILL OFFICE SLIME 20, FRANKLIN BIALDLNC 137 L FRANKLIN STREET CHAPFI.HILL, N.C.27514 919.92' 7151 Alma B.COLEMAN,1R STEVEN A.13ERNH012 Mr . Marvin Collins DONALD R DICKERSON Director ROGER B.BERNHOLZ "- GEOFFREY E. GLEDHILL Orange County Planning Department DOUGLAS HARAVE - 3 0 6 F Revere Road C.NICHOLAS HERMAN KIM ILSTEFFAN Hillsborough , North Carolina 27278 NATHANIEL.E.CLEMENTS . - - MARILYN ELLISON Re : Sign Regulations Contained in the Orange Of Cannel A. 80NNER SAWYER County Zoning Ordinance (1902-1973) Dear Marvin: Enclosed is a copy of a document I received from the Winter County Attorneys Conference related to sign control . After reviewing this material and comparing it with Article 9 in Orange County ' s zoning regulations I have only one recommended change to the zoning regulations . I recommend that Section 9 . 5 be amended to include a sentence after the first sentence which states : Any sign authorized by this ordinance may contain noncommercial copy in lieu of any other copy . It strikes me that our sign ordinance is , for the most part , content neutral . However, the United States Supreme Court has approved the language above as demonstrating that a sign ordinance 'containing it did .. not favor commercial signs over noncommercial signs . When an opportunity arises I would like to review with you the status of the County ' s sign survey and compliance deadline . Very truly yours , — jre, Gledhill GEG/lsg Enclosure 15.3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE VI SECTION 6 .2 . 3 FLAG LOTS ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: H i g h, M i d d l e exLow Comment: EXPECTED PUBLIC HEARING DATE: May 23 , 1988 ****************************************** PURPOSE OF AMENDMENT: To add a new section addressing flag lots . Flag lots are irregularly shaped lots where the buildable area of the lot is connected to the street by a smaller narrower portion of the lot. This narrower portion extends as an arm of the lot to the street, thus the name " flag lot" . This proposed amendment will correspond and refer to the Orange County Subdivision Regula- tions to identify various places and types of flag lots that will be allowed . IMPACTS/ ISSUES: The Zoning Ordinance establishes minimum lot width/ frontage requirements in zoned town- ships which now prevent flag lots . The proposed guidelines or standards will accommodate flag lots in certain situations where topography, soil conditions, lot configuration or access impose hardships in providing suitable building sites. EXISTING ORDINANCE PROVISIONS : None. Flag lots are not addressed in the Zoning Ordinance. PROPOSED ORDINANCE PROVISIONS : 6 .2 .3 Fl_ag 1 ots Flag lots as defined in Article 22 of this ordinance are accommodated for as provided in Section IV-B-5-d of the Orange County Subdivision Regulations . • 154 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 22 DEFINITIONS ORIGIN OF AMENDMENT: x Staff .R:x Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle x Low Comment: EXPECTED PUBLIC HEARING DATE: May 23, 1988 ****************************************** PURPOSE OF AMENDMENT: Article 22 will be amended by adding the definition of Flag Lots used in the Lot Layout requirements proposed as a new Section IV-B-5-d of the Subdivision Regulations. IMPACTS/ ISSUES: With the proposed amendment to the zoning Ordinance concerning flag lots, a definition is needed in the definition section.. This will help clarify what a flag lot is and provide a legal definition of flag lot. PROPOSED ORDINANCE PROVISIONS : The following term will be added alphabetically to Article 22 . Flag Lot: An irregularly shaped lot where the build- Lb le portion of the Lot is connected to its street • frontage by an arm of the Jot (see F i gutes 1 to 4 on o n Regulations ) . ******************************************** ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: 155 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION IV-B-5 LOT LAYOUT ORIGIN OF AMENDMENT: _x� Staff Planning Board BOCC Public Other : STAFF PRIORITY RECOMMENDATION: High Middle xLow Comment: EXPECTED PUBLIC HEARING DATE: February 22, 1988 PURPOSE OF AMENDMENT: To add to the first paragraph of Section IV-B-5 of the Subdivision Regulations and also to add a whole new section addressing lot layout in relation to flag lots. Flag lots are irregularly shaped lots where the buildable area of the lot is connected to the street by a smaller narrower portion of the lot. This narrower portion extends as an arm of the lot to the street, thus the name . "flag lot" . This proposed amendment will identify various places and types of flag lots that will be allowed. IMPACTS/ISSUES: The Zoning Ordinance establishes minimum lot width/frontage requirements in zoned townships which prevent flag lots. In unzoned townships, however, the minimum lot frontage requirement is only 20 feet. Thus, flag lots result. Such lots provide limited access and prevent future right-of- way extension. The proposed guidelines or standards will prohibit flag lots except in certain situations where topography, soil conditions, lot configuration or access impose hardships in providing suitable building sites. EXISTING ORDINANCE PROVISIONS: IV-B-5 . LOT LAYOUT IV-B-5-a. The shape and orientation of lots shall be appropriate to the location of the subdivision and the development intended. 156 2 Commercial and industrial lots shall be of sufficient size to include off-street service facilities, and off-street parking of all vehicles used by all patrons and employees. PROPOSED AMENDMENT: IV-B-5-a. The shape and orientation of lots shall be appropriate to the location of the subdivision. and the development intended. Interior lot lines extending from a street endicular 9r radial to the street right-pf-way line., Lot lines _shall be located to permit efficient installation And maintenance of zaximiz.e _buildable area _And, where Applicable, tc provide a suitable area for septic svte)ns, Commercial and industrial lots shall be of sufficient size to include off-street service facilities, and off- street parking of all vehicles used by all patrons and employees. Excep as allowed in eection IV-B-5--d all W s have a minimum lot width of one hundred 0 W e I . • - • - e , -• • measurement across d ' s c t 0 w v , that width between side lot lines at the W eet t the case of lots on the turning circles of cul-de-sacs or at points of street curvature where the radius at the right-of- points of the side lot ll.neA is less ethar, ninety feet, in which case the eighty a rementl1 not apply. 3 157 EXISTING ORDINANCE PROVISIONS: None. Flag lots are not addressed in the Subdivision Regulations. PROPOSED AMENDMENT: IV-B-5-d. Flag Lets a) Intent Orange County discourages and restricts forming flag lots (as defined in Section II - Definitions) . flag lot shall be land or to alleviate situations whicli would otherwise cause extreme hardship for him. b) Lot Standards E-ag lots are prohibited _except (g.) where ri.egessazv to eliminate access onto arterials (See Figure 1) (B) to reasonably utilize irregularly shaped land_ ($ee Fiqu,re 2) (C) to reasonably utilize land with difficult topography (See Figure 3) 9r (D) to re_asonably utilize land with limited . .tes suitable for septic tank u w c the number of access points onto an arterial or collector street. That length of a flan lot between the street onto which it has access and the point where a lot dimension psralls the street shall be based on the size of the p posed regular 19t. The f_oJlowj ng table indicates the allowed length, of the flag portion' of the lot based on the required minimum width of the regule.r lot (see example) . 158 4 Size of Regular Required Minimum Length of Flag Lot Width of Regular Staff Allowed Lot 40 ,000 sq.ft to 1 acre 130 feet 308 to 336 feet l+acres to 2 acres 130 feet 337 to 671 feet 2+acres 130 feet 672 to 700 feet maximum length allowed FLAG LOT • REGULAR LOT length of flag staff allowed width of regular lot "-�-� 130 feet --------I S T R E E T EXAMPLE The maximum length allowed prl anv flap 10t w t e o a v ° o lrector may approve ji rther reductioDs to a minimum of 20 feet cOnstruction 9f _an adequate driveway within a tha_t_itLiftt):6__Tbs_p_Lana _ma v leauire greater widths where necessasv to engure adeguate access. W R d 9 M in J I . 1 1 LOCAL STREET ( FIGURE . • I ) • • N. *c° I `1 I �`° L-- 1 - =sr t _ isy I • �iC >ay • STREET sTRFz.r ( FIGUR �) ' ( FIGURE 3 ) • SEPTIC 0 . TANK NITRIFICATION FIELD STREET (FIGURE 4) -33-D- 160 PROPOSED ORDINANCE AMENDMENT --- --_ ORDINANCE: Subdivision Regulations REFERENCE: Section II DEFINITIONS ORIGIN OF AMENDMENT: _x_ Staff x Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle_xLow Comment: EXPECTED PUBLIC HEARING DATE: February 22, 1988 PURPOSE OF AMENDMENT: Section II will be amended by adding the definition of Flag Lots used in the Lot Layout requirements proposed as a new Section I V-B--5-d of the Subdivision Regulations. IMPACTS/ ISSUES: With the proposed amendment to the Subdivi- sion Ordinance concerning flag lots, a • definition Is needed in the definition section. This will help clarify what a flag lot is and provide a legal definition of flag lot. PROPOSED AMENDMENT: The following term will be added • alphabetically to Section II . F I_an lit, An irresL l ari v shaved lot there the b u_i I dab I e_portlpn of the Ipt J s connected to its stcpet frQntA9e by .an arm of the Jot (see F iQures ] to 4 ., on Aare 332) )- 161 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2._ 1988 Action Agenda Item it Was SUBJECT: JUNE 1, 1988 PUBLIC HEARINGS - JOINT PLANNING AREA - ORANGE COUNTY - DEPARTMENT: Planning PUBLIC HEARING: .__ Yes _ X_,._„No� ATTACHM1ENT(5) : - _ INFORMATION CONTACT: Planning Draft Legal Notices Director Background Information (See 4-13-BB Agenda Packet) _Draft Property Owner TELEPHONE NUMBERS: Notification Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -- 967-9251/968-4501 PURPOSE: To consider rescheduling the Joint Planning Area and Orange County public hearings for June 1, 1988, and a proposed property owner notification format. BACKGROUND: April 13, 1988 was set as the public hearing date to consider items related to the refinement of the Joint Planning Area Land Use Plan and the implementation of the Joint Planning Agreement. The public hearing was not held due to inadequate notification of property owners. Upon review of the County budget cycle and based on contacts with the Towns of Chapel Hill and Carrboro, June 1, 1988 appears to be a satisfactory date for rescheduling the public hearings. The hearings would be conducted at 7:30 p. m. A place for the hearings has not yet been determined. The Carrboro of Aldermen will consider setting June 1 as the hearing date at its May 3 meeting. The Chapel Hill Town Council will consider same at its May 9 meeting. Items scheduled for consideration and which would involve a decision by Orange County as well as the Towns of Chapel Hill and Carrboro include the following: MOM 162 - A proposed amendment to the Joint Planning Area Land Use Plan text and map to provide descriptions and show the location of Transition Areas I and II, and the Rural Buffer. - An amendment proposed by Randy Danziger, a Calvander resident, to adjust the Transition Area I boundary to follow the western right-of-way line of Old N. C. 86 south of Homestead Road. - An amendment proposed by E. K. Powe, an attorney representing property owners in the Rural Buffer, to shift the boundary of Transition Area II northward to include his clients property. The proposed amendment also seeks to provide a better definition of the Transition Area boundary as related to Duke Forest. - An amendment proposed by the University of North Carolina to change the Joint Planning Area Land Use Plan text and map designation on Horace Williams Airport and adjacent UNC properties from "Public- Private Open Space" to "Future UNC Development. " The proposed amendment would provide consistency with municipal land use plans. - A proposed amendment to the Orange County Land Use Plan involving the Bingham Township component. The eastern portion of the township is in the Joint Planning Area. A petition of the Stoneycreek Neighborhood Association to be included in that portion of the Rural Buffer in the Joint Planning Area will not be considered. It has been tentatively scheduled for consideration as part of the North Chapel Hill Township Land Use Plan update at the regular quarterly public hearing on May 23, 1988. Items scheduled for consideration and which would involve a decision by Orange County only include the following: - A proposed amendment to the Orange County Land Use Plan involving the remaining (western) portion of the Bingham Township component. -- A proposed amendment to the Orange County Zoning Atlas which would incorporate a zoning plan prepared by the Town of Chapel Hill for that portion of the Transition Area lying in the Chapel Hill Joint Development Area (CHJDA) . 163 - A proposed amendment to the Orange County Zoning Atlas which would incorporate a zoning plan prepared by the Town of Carrboro for that portion of the Transition Area lying in the Carrboro Joint Development Area (CJDA) . - A proposed amendment to the Orange County Zoning Ordinance which would incorporate, by reference, the Chapel Hill Land Development Ordinance, making its provisions applicable within that portion of the Transition Area located in the CHJDA. - A proposed amendment to the Orange County Zoning Ordinance which would incorporate, by reference, the Carrboro Land Use Ordinance, making its provisions applicable within that portion of the Transition Area located in the CJDA. All property owners notified previously of the April 13 hearing would be notified again. A copy of the proposed notification is provided for the Board' s consideration. RECOATION: The Administration recommends that June 1, 1988 be set as the Joint Planning public hearing date, contingent upon the approval of the Towns of Chapel Hill and Carrboro. If the Board of Commissioners waits until its May 17 meeting to set the date, insufficient time would be available to advertise the hearing and notify property owners. The Administration also recommends approval of the property owner notification form and its distribution to all persons previously notified. 164 DRAFT Dear Property Owner: A public hearing will be held on Wednesday, June 1, 1988 at 7:30 p.m. at (place to be determined). The public hearing is being conducted in place of that previously scheduled for April 13, 1988. The previous hearing was postponed due to insufficient notice being provided to property owners. The items to be considered at the public hearing are listed below. Specific proposals may affect your property directly or you are simply being notified as a matter of courtesy because of the importance of the items in relation to the implementation of a Joint Planning Agreement between Orange County, and the Towns of Chapel Hill and Carrboro. JOINT PLANNING AREA LAND USE PLAN AND TEXT The proposed amendments to the Joint Planning Area Land Use Plan and Text are as follows: 1. A proposal to amend the Land Use Plan for the eastern portion of Bingham Township (Area within University Lake/New Hope Creek Basins) . 2. A proposal to show the location of and describe the Rural Buffer (a very low-density residential area predominantly rural in character) and the Transition Areas (projected growth areas changing from rural to urban character) for the Chapel Hill and Carrboro Joint Development Review Areas as provided in the Joint Planning Agreement adopted November 2, 1987. 3. A proposal to move the northern boundary of the Transition Areas to a set distance of 670 feet from the property line of Duke Forest. The current boundary of the Transition Area follows property lines one lot depth removed from Duke Forest and varies from 210 feet to 2, 520 feet distance from the Duke Forest border. 4. A proposal to adjust the Transition Area I boundary in the Carrboro Joint Development Review Area to follow the western right-of-way line of Old N. C. Highway 86 and the southern right-of-way line of Dairyland Road. 5. A proposal to change the land use designation on Horace Williams Airport and adjacent UNC properties from "Public-Private Open Space" to "Future UNC Development. " A proposal to extend the Joint Planning Area boundary and Rural Buffer land use designation to incorporate Stoneycreek Subdivision will not be considered. The proposal will be presented as part of a Land Use Plan amendment for North Chapel Hill Township (outside the Joint Planning Area) at a regular quarterly public hearing on May 23, 1988. Mk 165 ORANGE COUNTY ZONING ATLAS The proposed amendments to the Orange County Zoning Atlas would incorporate Zoning Maps prepared by the Towns of Chapel Hill and Carrboro for the Transition Areas located in their respective Joint Development Review Areas as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Orange County Zoning Ordinance would incorporate, by reference, regulations governing the use of land and structures, and dimensional requirements as contained in the Town of Chapel Hill Land Development Ordinance and the Town of Carrboro Land Use Ordinance. The regulations would be applicable in the Transition Areas of their respective Joint Development Review Areas as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. Another amendment would specify procedures for incorporating changes to the Chapel Hill and Carrboro Zoning Maps and Land Development/Use Ordinances into the Orange County Zoning Ordinance. Questions regarding the proposals may be directed to the Orange County Planning Department, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located in the Orange County Agricultural & Environmental Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a. m. to 5:00 p. m. , Monday through Friday. You may also call 732-8181 or 967-9251. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a. m. to 5:00 p. m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a.m. to 5:00 p.m. , Monday through Friday. You may also call 968-7714. Marvin Collins Planning Director 166 DRAFT NOTICE OF PUBLIC FEARING ON PROPOSED REVISIONS TO THE ORANGE COUNTY-[DEL HILL-CARRBORO JOINT PLANK I N6 LAND USE PLAN Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Sections 240, 323 and 343, Articles 2. 2. 12 and 2. 2. 13 of the Orange County Zoning Ordinance, and Article 2, Section 2. 4, of a Joint Planning Agreement between Orange County and the Town of Chapel Hill, adopted in October, 1984, notice is hereby given that a public hearing will be held at (place to be determined) on Wednesday, June 1, 1988, at 7:30 p. m. for the purpose of giving all interested citizens an opportunity to speak for or against proposed revisions to the Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan. The proposed amendments to the Joint Planning Land Use Plan are as follows: 1. Amend the Joint Planning Land Use Plan map and text to address changing land use and population patterns in Bingham Township, and in response to a five-year update schedule specified at the time of adoption of the Orange County Land Use Plan in 1981. Specific issues to be addressed include the potential for strip commercial development along N. C. Highway 54, the increasing attraction of new rural non-farm development because of the Township' s accessibility, the protection of water quality in the University Lake Watershed, the preservation of agriculture as an important economic activity and the effects of leapfrog development created by the establishment of the Rural Buffer zoning district adjacent to Chapel Hill and Carrboro. 2. Amend the Joint Planning Land Use Plan map and text to show the location of and describe the Rural Buffer and Transition Areas for the Chapel Hill and Carrboro Joint Development Review Areas as provided in the Joint Planning Agreement adopted November 2, 1987. 3. Amend the Joint Planning Land Use Plan map and text to move the northern boundary of the Transition Areas to a set distance of 670 feet from the property line of Duke Forest. The current boundary of the Transition Area follows property lines one lot depth removed from Duke Forest and varies from 210 feet to 2, 520 feet distance 167 from the Duke Forest border. The proposed amendment is based in part on a request by Mr. E. K. Rowe, representing property owners in the area. 4. Amend the Joint Planning Land Use Plan map and text to adjust the Transition Area I boundary in the Carrboro Joint Development Review Area to follow the western right-of-way line of Old N. C. Highway 86 and the southern right-of-way line of Dairyland Road. The proposed amendment has been requested by Mr. Randy Danziger, a Calvander resident. 5. Amend the Joint Planning Land Use Plan map and text to change the land use designation on Horace Williams Airport and adjacent UNC properties from "Public-Private Open Space" to "Future UNC Development. " The proposed amendment is based on a request by the University of North Carolina and would provide consistency with municipal land use plans. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence presented at the public hearing will be examined by the Planning Board and Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located in the Orange County Agricultural & Environmental Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a. m. to 5:00 p. m. , Monday through Friday. You may also call 732-8181 or 967-9251. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a.m. to 5:00 p. m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a. m. to 5:00 p. m. , Monday through Friday. You may also call 968-7714. Marvin Collins, Planning Director PUBLISH: May 18, 1988 May 25, 1988 166 RAFT NOTICE OF PUBLIC FEAR I N G ON PROPOSED REVISIONS TO THE COMPREHENSIVE PLAN AND ZONING ORDINANCE FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Sections 240, 323 and 343, and Article 20, Sections 20. 5 and 20. 6, and Articles 2. 2. 12 and 2.2. 13 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held at (place to be determined) on Wednesday, June 1, 1988, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ORANGE COUNTY COMPREHENSIVE PLAN The proposed amendment to the Land Use Element of the Orange County Comprehensive Plan is as follows: 1. Amend the Land Use Element of the Orange County Comprehensive Plan, Section 3. 11-Hingham Township, to address changing land use and population patterns, and in response to a five-year update schedule specified at the time of Plan adoption in 1981. Specific issues to be addressed include the potential for strip commercial development along N. C. Highway 54, the increasing attraction of new rural non-farm development because of the Township' s accessibility, the protection of water quality in the Cane Creek Watershed, the preservation of agriculture as an important economic activity and the effects of leapfrog development created by the establishment of the Rural Buffer zoning district adjacent to Chapel Hill and Carrboro. ORANGE COUNTY ZONING ATLAS The proposed amendments to the Orange County Zoning Atlas are as follows: 1. Amend the Orange County Zoning Atlas to incorporate a Zoning Map prepared by the Town of Chapel Hill for the Transition Area located in the Chapel Hill Joint Development Area as identified on the Orange County- Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 2. Amend the Orange County Zoning Atlas to incorporate a Zoning Map prepared by the Town of Carrboro for , • 168 Transition Areas I and II located in the Carrboro Joint Development Area as identified on the Orange County- Chapel Hill--Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE by adding a new Article 4. 1. 1 - Town of Chapel Hill Land Development, Standards to incorporate by reference regulations governing the use of land and structures as contained in the Town of Chapel Hill Land Development Ordinance. The regulations would be applicable in the Transition Area of the Chapel Hill Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 2, Amend ARTICLE 4. ESTABLISHMENT OF PERMITTED USE TABLE AND SCHEDULE by adding a new Article 4. 1. 2 - Town of Carrboro Land Use Standards to incorporate by reference regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance. The regulations would be applicable in Transition Areas I and II of the Carrboro Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 3. Amend ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS by adding a new Article 5. 1. 1 - Town of Chapel Hill Land Development Standards to incorporate by reference regulations governing dimensional requirements as contained in the Town of Chapel Hill Land Development Ordinance. The regulations would be applicable in the Transition Area of the Chapel Hill Joint Development Area as identified on the Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 4. Amend ARTICLE 5. ESTABLISHMENT OF DIMENSIONAL REQUIREMENTS by adding a new Article 5. 1. 2 - Town of Carrboro Land Use Standards to incorporate by reference regulations governing dimensional requirements as contained in the Town of Carrboro Land Use Ordinance. The regulations would be applicable in Transition Areas I and II of the Carrboro Joint Development Area as identified on the Orange County-Chapel Hill-Carrboro Joint Planning Land Use Plan and in the Joint Planning Agreement adopted November 2, 1987. 170 5. Amend ARTICLE 20. AMENDMENTS by adding a new Article 20. 3. 3 - Applications for Amendments-Joint Planning Area which require that amendment procedures for both the Orange County Zoning Ordinance and Zoning Atlas be as specified in the Joint Planning Agreement adopted November 2, 1987, and that any amendments adopted by Orange County be incorporated by reference into its Zoning Ordinance and Zoning Atlas. The proposed amendment further provides that where there is inconsistency between the Zoning Ordinance and the Joint Planning Agreement, the provisions of the Joint Planning Agreement shall apply. Upon adoption of the Zoning Ordinance and Zoning Atlas amendments described above, the Towns of Chapel Hill and Carrboro will administer their land development standards within their respective Transition Areas. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Following the close of the public hearing, only evidence presented at the public hearing will be examined by the Planning Board and Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department, the Town of Chapel Hill Planning Department and the Town of Carrboro Planning Department. The Orange County Planning Department is located in the Orange County Agricultural & Environmental Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a. m. to 5:00 p. m. , Monday through Friday. You may also call 732-8181 or 967-9251. The Town of Chapel Hill Planning Department is located in the Municipal Building, 306 North Columbia Street, Chapel Hill, North Carolina. Office hours are from 8:30 a.m. to 5:00 p. m. , Monday through Friday. You may also call 968-2728. The Town of Carrboro Planning Department is located in the Carrboro Town Hall, 301 West Main Street, Carrboro, North Carolina. Office hours are from 8:30 a. m. to 5:00 p. m. , Monday through Friday. You may also call 968-7714. Marvin Collins, Planning Director PUBLISH: May 18, 1988 May 25, 1988 171 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 2, 1988 Action A enda Item # _ SUBJECT: TURTLEDOVE 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 - Turtledove Location Map - JPA Strategy Map Deed 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 Turtledove Subdivision. BACKGROUND: On September 8, 1987, the Board of County Commissioners approved the preliminary plan for Turtledove subdivision. Turtledove is located on the old Greensboro Highway (SR 1005) . In accordance with Section IV-B-7-b of the Subdivision Regulations, the preliminary plan included the dedication of approximately 0 .253 acres along Phil' s Creek. This portion of Phil's 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 April 18, 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 with the final plat for Turtledove. 172 At its April 19 meeting, the Board of Commissioners expressed concern over the continued acceptance of recreation/open space dedications in the Joint Planning Area, particularly along Phils and Neville Creeks, tributaries which serve to carry water from the Cane Creek Reservoir to University Lake. While it recognized that such dedications could be accepted, the Board indicated that the issue must be resolved. RECOMMENDATION: The Administration recommends acceptance of the 0 .253 acres dedicated to Orange County for recreation/open space. The Administration further recommends that the question of recreation areas and greenways in the Joint Planning Area be submitted to the Orange County Assembly of Local Governments for consideration. a The foregoing certificate of 2 _ 0.31 ACRE 3 0.39 ACRE a Notary Public in and for Orange County. North 4 0.32 ACRE Carolina, is certified to be correct. This map 5 0.28 ACRE filed for Registration at o'clock. M.. 1 7 3 r.. on the___,�day o 1989. 1 // in the Plat Book . Pages Signed 4pNDS °��0 Betty June Hayes, Register of Deeds B. 811 Cp ova ,�F,B_pG.^�9 By P.g. 26 Deputy Assistant / i 7 coural �. c..ea io 0 pup �■30 1.1.1 oed` �reofoo or l — _ �q(� • r\ ( II\ W \.rt ce `ANTS _ _a 5 4 \\ f i r �� 2.307 AC. IN LOT G• /50 0.008 AC. I N R/W I ; -\� 2.3I7 AC.TOTAL D 11 o,K 1 I-- 0.253 AC. , X20' g.�• ' i '1 --144-1 , __ W 00 YEAR FLOOD PLAIN C7 - WAS SCALED AND PLOTTED / FROM. FLOOD INSURANCE �� RATE MAP (Approx. Elev. 410) Q I. NO hereby certify that I(wel am(are) the owner(a) N • of the property. shown and described hereon, which was _a"'""`"'r / conveyed gs to 12 , and that I hereby """ acknowledge this plat and allotment to be my(our) free act and deed and do hereby dedicate to public use e,MereafP as streets. rights-of-way. and easements forever. all areas so shown or indicated on said plat. Date , Owner x,.q Diner_ y I11-�, 1r s . < I re LOCATION MAP SCALE : 1"= 2,000'TAX MAP 115, LOT II - .�: r—_--- � __ .. � -- -•- Wilt � . ,.rte nil 1.10.1 AD ed 'i • r `� , it .----'c--ii .,. ., , • ` I , `i ; \ � � T ,�� ,' •,r �:; i - ..:w !},j'•f :� 4 -l-i 450,0 re 1 .. . liNt,,, , ..; ft82..1111 . ,I'l 31. ' a.„..ce.15114 A. :+/ y`+i ��LLI ��j;�1:� ;Zi '11.!'e� rrr A ' ♦ rr■ a-- VJ_:.r•'i}y.•1. 7 r,rl J.r T'•,:1 aw i1de - , ,Alt . f • ; 1 Eilorwaod ..i. +r<';., 3 F; ' q>;�y r�•{ i J:= , .. mess Ai!I �.4t, :t f.. Mr1,• �i7 ` vf aVj..p.lL t_ii d•�•T K,•.fir`+ •i• r 1"-:r } ` •ylf.1;t1�r. )''.41, 1 12 ® 1 fi, % .�_-?« t:j L.'lr:>{,S ELI a 1' � "at ter ;i pl, Y:k+:;s ie. • 0 to •'7� �yCti• ',, �5lf'1 a.�.� .r f`: 7+?e+� -• r�� ri�i E!v' rI i4 r:r•,�-,.• •,�aFyrt47:7• .. ",.,\11111,6„... 1 • : rA j© i1 ,.... 'ti: ''..,4/ ....- iiili.-Tirt., ...,.. • -,.• ,11 ' "3 .491. -� r4 M ' i ,iiiiV }- m. N ....'- • ,� �. g \ fir.-= sYS :w•.• in.C411- - \(-C4.1,-, - ...-:%_:-.. - - ..„-;,1„,-- ., -:-F - .' ' w —J nr' � i1' ' JO Ma\18/1 ..../..-- ..., 4.. --..., • v ly aA` / •• t.,• 1� �-�-f-°W° ►. - JOINT PLANNING AREA 0 . • STAILGY M4P .- 4 I,tUS.S : 1 '-h. Nlr.,, L. ✓ ■ } �Af' ... J_.,' .." 77' �' tyn.• z, �` a, •. •:ti - t'r.,rf� ■ 11 re . 1 till":1 ...... ''.t. ligthi ' . - .41111/16 _ coo i .? r- Ll1 r i 1 r .. .�_ 1,....ft-: , A • 1 I ' : . ' ? . w Pr .. '''' /kiliff .r•,,I• ( '.• Me4 al --- • T.1...s•4 � •s_ � t�-' i rA r�• r:;i =�rf,fr r . \ i,,,..0 9.0_,..........S : . .P . ,li.' •.. Fl *11; ( pp VI • 1 r i~ . I."tt 1 ar S <t.� �.�■�■��• yi 1 �j:Yom•• I 1.• a '^-... ;Ar. I .f, / 2.—. Chatham County ►. Legend: SCALE «««.illy GREENWAY MEM MIN .....•...1 .nnn nr,n/1 nrinn (N) Prepared by: Rex T. Savery, Jr. , Attorney at Law 176 Return to: Geoffrey E. Gledhill , P.O. Drawer 1529, Hillsborough, NC 27278 NORTH CAROLINA WARRANTY DEED ORANGE COUNTY This Deed made this day of April, 198'8, by and between Southern Securities, Ltd., Grantor/Dedicator, and Orange County, Grantee/Dedicatee, Hillsborough, North Carolina. WITNESSETH, that the Grantor/Dedicator, for a valuable consideration paid by the Grantee/Dedicatee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee/Dedicatee for the public use forever, in fee simple, all that certain lot or parcel of land situated in the County of Orange, . Township of Chapel Hill, North Carolina and more• particularl ' described as follows: BEGINNING at an existing iron pin at the northeast corner of- the property shown on plat of Turtledove Subdivision (which is shown as being N. 18 degrees 02' 14" W. 1582.89 feet from a control corner at • • the common corner of Turtledove Subdivision, •Walter H. Bennett and wife, and Thomas W. Hoenig) in Phil's Creek; running thence with the line of Carol B. Oldham S. 18 deg. 02' 14" E. 130.89 feet to a point; running thence with the north line of Lot 5 of Turtledove Subdivision S. 82 deg. 01' 40" W. 99.55 feet to a point; running thence with the line of Paul N. Guthrie and wife N. 04 deg. 46' 43" W. 133. 81 feet to an existing iron pin in Phil's Creek; running thence with Phil's Creek N. 85 deg. 56' 02" E. 69.38 feet to the point and place of BEGINNING, and being 0.253 acres, described as "Dedicated Public Area", on that certain plat entitled "TURTLEDOVE SUBDIVISION", by David A. Graffunder, R.L.S., and recorded in Plat Book , p. ' Orange County Registry, to which reference is hereby mace for a more particular description. This conveyance is made to satisfy an• Orange County condition for permission to create Turtledove Subdivision, and in consideration of future benefits to the public and the community that may result • from a network of public open space and recreation lands that Orange County intends to establish and of which this land is intended to-• become part. ' r •• .�^ • TO HAvE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee/ Dedicatee for the public use forever in fee simple. And the Grantor/Dedicator covenants with the Grantee/Dedicatee, that Grantor/Dedicator 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/ Dedicator will warrant and defend the title against the lawful claims of all persons whomsoever except for the following exceptions: (1) Ordinary utility easements, restrictions, and agreements of record. (2) Rights of others in and to the uninterrupted and continued flow of creeks, riparian rights incident to the premises, and title to that portion of the premises lying below the mean high water mark of Phil ' s Creek. (3) 1988 Orange County ad valorem taxes, a lien, but not yet due and payable. IN WITNESS WHEREOF, the Grantor/Dedicator has caused this deed 176 to be executed by its duly authorized officers and its seal to be hereunto affixed, the day and year first above written. SOUTHERN SECURITIES, LTD. • By: President ATTEST: • (CORPORATE SEAL) . Secretary North Carolina, - County . This day of , 1988, personally came before me, , a Notary Public for said County and State, , who, being by me duly sworn, says that he is president of Southern Securities, Ltd., a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said writing was signed and sealed by him • in behalf of said corporation by its authority duly given. And the said acknowledged the said instrument to be the act and deed of said corporation. . • witness my hand and official seal this day of 1988. . • My commission expires: • Notary Public North Carolina, County I, a Notary Public of the County and State aforesaid, certify - . that _ personally came before me this day and acknowledged that he is Secretary of Southern Securities, Ltd., 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 rw4.- ; and attested by himself as its Secretary. - Witness my hand and official seal this day of 1988. My commission expires: Notary Public L �/y 177 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 2 ,- 1988 Action genda Item # � /4 SUBJECT: SECTION FOUR - PHASE B FOX MEADOW SUBDIVISION - ACCEPTANCE OF LAND DEDICATED TO ORANGE COUNTY FOR 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 Location Map - JPA Strategy Map Deed 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 Section Four - Phase B Fox Meadow. BACKGROUND: On February 24, 1987, the Board of County Commissioners approved the preliminary plan for Section Four - Phase B Fox Meadow subdivision. Fox Meadow is located off Rogers Road (SR 1729 ) . In accordance with Section IV-B-7-b of the Subdivision Regulations, the preliminary plan included the dedication of approximately 5. 03 acres along a branch of Bolin Creek. This portion of Bolin 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 April 18, 1988 . The applicant has submitted a deed for the area shown on the final plat. A deed will be recorded with the final plat for the subdivision. 178 RECOMMENDATION: The Administration recommends acceptance of the 5 .03 acres dedicated to Orange County for recreation/open space. S. ~` * " I I CONTRO1 * .=ay - ;\ - 1 7 9 \. • Leo. II` 59 AI�Rgi/MATE /OD FEAR r f• . \ v. // \x- 58 \ Epg \ o� s st-cs.aR w �,INpG"� � FLOOD PLAIN ∎ia °� 53.4,5' O� 0� - Z1 \. W `rte Sy9• bq.�� - -.. ti p I9T� ti * - ) . b c.i. 0 I 4 p 1293 Ac. I R.C. Hogan and 5.O3 Ac. eto . 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' ,,,e•'- i• ' VI__,.... .. 1.44 ..." .., • - i ,Zillit 'AT-"t". .0er 1.::* to T‘- -- - x.11' it, - '''‘• -l' ; - . .4;-,:c■f.... -**OS: \ A ,r•4.... ..- -0 y, '" ' i :t 1 .'..1 1 0 IO I : .. .yr; , .... it, .,•._.- i z . • It. % :$.' " - rip''' \ i ( 's"l'•-• ■i 041 . ,?#."..." “ " A ,,,/ .:.-.,.,, ....., cS.% ' 0 % 0 \ri 41 ••■• .. / e c..^ Il 0,0 .4- ? % -i.., ..,„... ,... 4.f.. t 1 -"-• „..- —IV-; •-A11;‘'.- ...11,. 1 ' '5.•. .. . .- p ..,._..1` , .. . X.• • 1 ,, fr 1 ..,t:de___(..1 0 .., os .,-It l••••• ,•••V if w■••• I / Vp ,.• !fi.::' ,-, •■ '' Ir. ........' ;..mo. ' •00■•■• 14 /: -.-, •19. -) +.•■■•■•...■es■Boo .■.memm... .416......1 a It' ". ''.....'%•-• 1 • 14~ " 0 / -• • Chatham County .4..0•.."• - • • • . •s■•op= ■•■• • -- •• Legend: SCALE ..•••••••« GREENWAY - N......," 181 Excise Tax Recording Time,Book and Page Tax Lot No. Parcel Identifier No. Verified by County on the day of , 19 by Mail after recording to This instrument was prepared by THOMPSON & MCALLASTER, P.A. Brief description for the Index • NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this day of April , 1988 , by and between GRANTOR GRANTEE THE K M GROUP, INC. ORANGE COUNTY , 10901 Reed Hartman Highway Blue Ash, Ohio 45242 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 , ...CHAP.EL..HILL Township, ORANGE County,North Carolina and more particularly described as follows: Consisting of 5.03 acres more or less and BEING all of LOT E as designated on the Final Plat of Section Four - Phase B, FOX MEADOW, Plat Book , Page Orange County Registry, to which plat reference is hereby made for a more particu- lar description. 182 The property hereinabove described was acquired by Grantor by instrument recorded in A map showing the above described property is recorded in Plat Book page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. 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: IN 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 by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. THE_.K__M._uRO�le � � (SEAL) By - (SEAL) • President ATT'i ` 2 (SEAL) Secretary(Corporate Seal) �j (SEAL) SEAL-STAMP NORTH CAROLINA, - County. I, a Notary Public of the County and State aforesaid, certify that _ .5 Grantor, p personally appeared before me this day and acknowledged the execution of the foregoing instrument,Witness my Y g hand and official stamp or seal,this day of r , 19• My commission expires: - - Notary Public .Y SEAL-STAMP NORTH CAROLINA, ,J(ZA}-/ng— County. I, a Notary Public of the County and State aforesaid, certify that 1 l'1G 6>1A.5 .x personally carne before me this day and acknowledged that_ he is Secretary of ,x TJllC KM �+p/�f1Tl�1r 7k_LV'�_S7ILVYP�_A1]5�,. a North Carolina corporation,and that by authority duly ii given and as the act of the corporation, the foregoing instrument was signed in its name by its Thor pa President,sealed with its corporate seal and attested by e,r a K_as its Secretary, '" /� Witness my hand and official stamp or seal,this -�j__ a day of ____ lpr•I ,1.9_12f , My commission expires:__--_7:s =949- ✓ Notary Public The foregoing Certificate(s) of is;are certified to be correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. REGISTER OF DEEDS FOR COUNTY By Deputy;Assistant-Register of Deeds 183 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 016 ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 2, 1988 SUBJECT: OWASA CHATHAM WATER AGREEMENT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 OWASA CORRESPONDENCE TOWN OF CHAPEL HILL RESOLUTION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider the proposed agreement between OWASA and Chatham County regarding sale of water and cooperative planning of water facilities. BACKGROUND: By letter dated April 7, the Chairman of the OWASA Board asked the Orange County, Chapel Hill and Carrboro governing bodies to comment by April 28 on the proposed sale of water to Chatham County. At the April 19th Board meeting the Manager placed this item on the agenda and after brief discussion the Board approved the Manager's recommendation that: (1) the Board review the agreement and inform him of any questions or concerns, (2) that the Board through the Manager ask OWASA for additional time in order that this item be placed on the May 2 agenda for further discussion from which a collective response would be prepared for OWASA. Both the Chapel Hill and Carrboro Town Boards have postponed any recommendation on this proposal until further intergovern- mental study could be conducted to analyze its full impact. RECOMMENDATION(S) : Manager supports proposal of Chapel Hill Town Manager David Taylor (as cited in his proposed resolution presented to Town Council April 25) (see attached) that Chatham County, Orange County, Chapel Hill and Carrboro form an intergovernmental committee to look at this issue as well as other matters of mutual concern. 184. Orange Water and Sewer Authority 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 MEMORANDUM TO: Town of Carrboro Board of Aldermen Town of Chapel Hill Town Council Orange County Board of Commissioners FROM: Orange Water and Sewer Authority Board of Directors DATE: April 7, 1988 SUBJECT: Opportunities For Cooperative Water Supply Planning and Utilization With Chatham County and Other Parties Upon the request of the Chatham County Board of Commissioners, members of the Chatham County Water Board have met with representatives of Orange Water and Sewer Authority for the purpose of evaluating opportunities for cooperative water supply planning and utilization by the two parties. Three specific issues of interest to the Chatham County Water Board are: 1. The potential for CWASA to sell a limited supplemental supply of. treated drinking water to Chatham County for an interim period of time, while Chatham County develops an additional water source. 2. The cooperative planning for utilization of Jordan Lake as a future water supply source for the region, including the potential for submittal of a joint allocation request and possible joint development of facilities. 3. The establishment of a service area understanding between O ASA and Chatham County. Tne CWASA Board of Directors has for some time recognized the substantial benefits that can be derived from water transfer agreements and cooperative development and utilization of water supplies and system facilities. Several - benefits would accrue to present and future customers of CWASA, and other water purveyors and residents of Orange County if a cooperative agreement between - OW SA and Chatham County can be developed_ These include, but are not limited --= tox . . . . 1. Enhances relationship in complying with land use regulations associated with - construction of a water treatment facility at Jordan Lake, in Chatham . County. _ 2. Strengthens cooperation with Chatham County on University Lake watershed protection efforts. • 3. Facilitates receiving an allocation of water from Jordan Lake by using a multi—jurisdictional approach. • An Equal Opportunity Employer 185 Local Elected Officials April 7, 1988 Page Two 4. Improves accessibility of Jordan Lake water for remaining water purveyors and residents within Orange County. 5. Allows incremental approach to development of Jordan Lake water facilities. 6. Spreads overhead costs of water production over a larger population base. 7. Reduces environmental impacts by having multi-jurisdictional intakes and treatment facilities at Jordan Lake. 8. Improves financial economies of scale in facility development at Jordan Lake. Upon completion of the Cane Creek Reservoir and the expansion of the Water Filtration Plant in Carrboro, CWASA will have sufficient reserve supply and facility.capacity to transfer a limited quantity of water to Chatham County for a limited period of- time. With an interim supply available, Chatham County can defer any near-term action on developing facilities at Jordan Lake. Adequate time would be available to further evaluate Jordan Lake's suitability as a drinking water supply and the need for advanced treatment technologies, and to cooperatively plan for joint use of Jordan Lake by Chatham County, CNASA and other parties. (W SA's Long-Range Capital Improvements Program projects the development of water intake, transmission and/or water treatment facilities at Jordan Lake within the next ten to fifteen years. Although that need is not immediate, the OWASA Board of Directors has directed the staff to proceed with applying for and obtaining an allocation of Jordan Lake water and to evaluate potential sites for future facilities at Jordan Lake. The OW SA Board of Directors fully supports cooperative approaches to utilizing and managing the regional water supply which will be available at Jordan Lake. Therefore, the possibility for entering into a cooperative agreement with Chatham County, and other parties where a;JUZopriate, must be given the full consideration by the SSA Board of . _ Directors. - The meetings with Chatham County representatives have been positive and productive towards developing a pr elimi 7y-agreeme t. We wish to bring your attention to this matter, to give you an update on the fine progress we have -. - made, and to request your comments for consideration. In order to comply with Chatham County's requested schedule, we would need your comments by April 28, - 1988. . ORANGE WATER AND SEWER AUTHORITY • Edward N. Mann, Jr:, Crai *an Board of Directors V 186 A RESOLUTION REGARDING CONSIDERATION OF PLANNING MATTERS OF INTEREST TO ORANGE AND CHATHAM COUNTY JURISDICTIONS (88-4-25/R-5) WHEREAS, the OWASA Board of Directors has asked the governing bodies of Orange County, Carrboro and Chapel Hill to comment on a proposed agreement between OWASA and Chatham County regarding sale of water and cooperative planning of water facilities ; and WHEREAS, the Town Council supports the sharing of water supplies in the mutual interest of the citizens of Chapel Hill and other jurisdictions; and WHEREAS, the proposed agreement would enable sharing of OWASA' s water supplies on an interim basis as Chatham County develops facilities to use Jordan Lake water, most likely on a joint basis with other entities; and WHEREAS, the management of growth in southern Orange and northern Chatham Counties should be conducted on a cooperative, coordinat- ed basis in the best interest of the citizens of the areas; and WHEREAS, the Chapel Hill Town Council desires discussion of matters of interest from a broad planning perspective for north- ern Chatham County and Orange County; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill: 1 . That the Council endorses the purposes of the proposed draft agreement dated April , 1988 between Chatham County and OWASA regarding sale of water and coopera- tive water supply planning . 2 . That the Council requests the Orange and Chatham County Boards of Commissioners and Carrboro Board of Aldermen to appoint representatives to an intergovernmental committee to discuss planning matters of mutual inter- est. 3 . That the Council authorizes the Mayor to appoint one or more representatives of the Chapel Hill Town Council to participate in committee discussions on behalf of the Town. This the 25th day of April, 1988. 187 ORANGE COUNTY BOARD OF COMMISSIONERS Agenda Item No. G 4 ACTION AGENDA ITEM ABSTRACT Meeting Date: MAY 2, 1988 Action A SUBJECT: RESOLUTIONS AND/OR POLICY STATEMENTS FOR THE 1988 NCACC ANNUAL CONFERENCE DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: SHIRL MARSHALL, x505 CONFERENCE CORRESPONDENCE (DER SEPARATE COYER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To provide to the NCACC any proposed resolutions or policy statements for consideration at the 1988 Annual Conference to be held July 14-17 in Greensboro. BACKGROUND: The NCACC Resolutions Committee will receive for consideration resolutions, procedure/association policy statements, and proposed amendments to the association constitution that have been formulated and approved by official action of the Board of Commissioners. RECOMMENDATION(S) : As the Board decides. • 188 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agspda Item No. till ACTION AGENDA ITEM ABSTRACT Meeting Date: May 2 , 1988 SUBJECT: Budget Review DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Budget Review Schedule TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To set a process and schedule for reviewing the 1988-89 Proposed Budget. BACKGROUND: Attached is a proposed schedule for formal review of the 1988-89 Proposed Budget. The schedule calls for one all-day meeting, one half day meeting and one evening meeting as well as a night meeting for the public hearing. One additional date is set aside in the event that the Budget is not passed on the night of June 22 . RECOMMENDATION(S) : Approve 1988-89 Budget Review Schedule 8 y BUDGET REVIEW SCHEDULE June 6 Preliminary budget submitted to Commissioners . Manager gives brief overview of Budget recommendation. June 14 First budget study session. 9 : 00 a.m. - 5 : 00 p.m. County Manager and staff Agriculture Extension review highlights and Office objectives of budget; Manager also reviews revenue and expense projections; Manager begins reviews of each department. (Department heads are present to answer questions or give additional comments) June 15 Schools presentations . 1 : 00 p.m. to 5 : 00 Institute of Government June 20 Public Hearing 7 : 30 p.m. - 10 : 00 p.m. Superior Courtroom June 22 Non-Departmental agencies; 4 : 00 p.m. - 7 : 30 p.m. review of all items Institute of Government flagged by Commissioners for further deliberation. Possible Budget adoption. June 23 Additional Budget review if 4 : 00 p.m. - 7 : 30 p.m. required/possible Budget Institute of Government adoption. - 190 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. H ACTION AGENDA ITEM ABSTRACT MEETING DATE May 2, 1988 Subject: APPOINTMENTS Department: BOARD OF COMMISSIONERS 1 1 Public Hearing: Yes X no I Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-1501, 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 - 1 vacancy. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. B-4 - COUNTY ADVISORY BOARD ON AGING - 1 vacancy. B-7 - HUMAN SERVICES ADVISORY COMMISSION - 3 vacancies. B-14 - ARTS COMMISSION - 3 vacancies. B-27 - HUMAN SERVICES TRANSPORTATION BOARD - 2 vacancies. C-2 - CARRBORO PLANNING BOARD .- 1 vacancy. RECOMMENDATION: As the Board decides . /Ay a, /rig T H- E A M E. R. ...I.. C. A N I N S T I T U T E . O F A R C H I T E C T S n� I:J • AM Document 13141 Standard Form of Agreement Between Owner and Architect f 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: (Name and address) Orange County • • 300 W. Tryon Street Hillsborough, NC 27278 and the Architect: (Name and address) Lucy Carol Davis Associates - . _. 314 University Square West Chapel Hill, NC 27515 • For the following Project: (Include detailed description of Project, location, address and scope.) Administrative Building for the Department of Public Works with - interior design services and Site Planning•_for future facilities • The Owner and Architect agree as set forth below. Copyright 1917, 1926, 194R, 1951, 1953, 1958. 1961,1963. 1966. 1967, 1970, 1974,1977,©1987 by The American Institute of Architects, 1735 New York Avenue, N.W.. Washington. 17-(:. 2(8)06. Reproduction of the material herein or substantial quotation of its provisions without written permission of the A1A violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8111 • OWNER-ARCHITECT At;REEMENT• FOURTEENTH EDITION• AtAa • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1755 NEW YORK AVENUE,NW.,WASHINGTON,U.C.20006 B141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development.Documents ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, struc- 1.1 ARCHITECT'S SERVICES rural, mechanical and electrical systems, materials and such _ 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall advise the Owner of any adjustments .consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. , and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE ti()ttaly as is consistent with professional skill and care and the 2.4.1 Based on the approved Design Development Docu- orderly progress of the Work. Upon request of the Owner,the moots and any further adjustments in the scope or quality of Architect shall submit for the Owner's approval a schedule for the Project or in the construction budget authorized by the the performance of the Architect's cervices which may he Owner,the Architect shall prepare,for approval by the Owner, adjusted as the Project proceeds, and shall include allowances Construction Documents consisting of Drawings and Specifica- for periods of time required for the Owner's review and for tion5 setting forth in detail the requirements for the construe approval of submissions by authorities having jurisdiction over lion of the Project. the Project. Time limits established by this schedule approved by the Owner shall not,except for reasonable cause,he exceeded 2.4.2 The Architect shall assist the Owner in the preparation of by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement arc subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- cated by changes in requirements or general market conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall assist the Owner in connection with . 2.1 DEFINITION the Owner's responsibility for filing documents required for • the approval of governmental authorities having jurisdiction • 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services,and include normal strut- 2.5 BIDDING OR NEGOTIATION PHASE rural, mechanical and electrical engineering services. 2.5.1 The Architect, following the Owner's approval of the 2.2 SCHEMATIC DESIGN PHASE Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.6 CONSTRUCTION PHASE—ADMINISTRATION 2.2.2 The Architect shall provide a preliminary evaluation of OF THE CONSTRUCTION CONTRACT the Owner's program, schedule and construction budget requirements, each in terms of the other,subject to the limita- 2.6.1 The Architect's responsibility to provide Basic Services tuns set forth in Subparagraph 5.2.1. for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 2.23 The Architect shall review with the Owner alternative at the earlier of the issuance to the Owner of the final Certificate ---.. - approaches to design and construction of the Project. for Payment or 60 days after the date of Substantial Completion 2.2.4 Based on the mutually agieed-upon program, schedule ,' of the Work,unless extended under the terms of Subparagraph and construction budget requirements, the Architect shall 10.3.3. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AMA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. -- 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be'restricted,modified or extended without - written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AM DOCUMENT B141 •OWNER•ARCIItrzt:T A(:RF[ME.NT• FOt!RTEENiII EDITION•Ale •©19147 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C_2(K16 8141-1987 2 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work,(2)reviewed construction means,meth- and consult with the Owner(1)during construction until final ods, techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is due,and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction.The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar lion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will he in Amor- merits, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not he required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment suppliers, their agents or employees or other per- the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means,methods, and the design concept expressed in the Contract Documents. techniques,sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are promptness as to cause no delay in the Work or in the con- - solely the Contractor's responsibility under the Contract for sanction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the Ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and corn- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which ' remain the responsibility of the Contractor to the, extent ' 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review- wherever it is in preparation or progress. - - shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise he provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spc- Architect's approval of a specific item shall not indicate daily authorized,the Owner and Contractor shall communicate. - approval of an assembly of which the item is a component. through the Architect.Communications by and with the Archi- .. When professional certification of performance characteristics -- tect's consultants shall be through the Architect. - of materials,systems or equipment is required by the Contract Documents,-the Architect shall be entitled to rely upon such 2.6.9 Based on the Architect's observations and cvaluatkms of certification to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall menu will meet the performance criteria required by the Con- review and certify the amounts due the Contractor. tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's sanction Change Directives, with supporting documentation - observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Stihparagtaphs 3.1.1 and 3.3.3, for the Owner's approval and ment,that the Work has progressed to the point indicated and , execution in accordance with the Contract Documents, and that,to the best of the Architect's knowledge, information and ' may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spc- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate-for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payiiient in the amount certi- • documents required by the Contract Documents and assem- - lied. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- J not he a representation that the Architect has(I)made exhaus- ment upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the-quality or Documents,• AIA DOCUMENT 8141 • OWNER•ARCNITECT AGREEMENT• FOURTEENTH EDITION•AIA• • ®1987 3 B141-1987 TIIE AMERICAN INSTITUTE OF ARCIIITF,CTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C.20006 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- ceming performance of the Owner and Contractor under the tatives;'the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: lions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either,and shall not be liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Pmj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget;tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes,laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents;or reasonable time on all claims,disputes or other matters in ques- .3 due to changes required as a result of the Owner's fail- lion between the Owner and Contractor relating to the execu- urc to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents, 3.3.2 Providing services required because of significant 2.6.19 The Architect's decisions on claims, disputes or other in the Project including,but not limited to,size,qual- matters, including those in question between the Owner and ity, complexity, the Owner's schedule, or the method of bid Contractor, except for those relating to aesthetic effect as pro- ding or negotiating and contracting for construction,except for Services required under Subparagraph 5.2.5. vided in Subparagraph 2.6.17,shall he subject to arbitration as provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work he paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The sen-ices fishing services required in connection with the replacement described under Paragraphs 3.2 and 3A shall only he provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3,3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Midi- with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES " 3.3.9 Preparing documents fur alternate*,separate or sequential bids or providing services in connection with bidding,negotia- 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall flop or construction prior to the completion of the Construe- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. - 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall he cumlxn- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. par:tive studies of prospective sites. AIA DOCUMENT B141 • OWNER-ARCIIITECT AGRF.ESW.NT• FOURTEENTH EDITION•AIA' • ©t957 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NV.,WASHINGTON.D.C-20006 B141-1987 4 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget For submissions required for approvals of governmental authorities the Project,including the Construction.Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect,the Owner,shall furnish evi- and equipment. dente that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement, facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay In the orderly separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical 3.4.9 Providing services in connection with the work of a con characteristics,legal limitations and utility locations for the site of the Project, and a written legal description of the site. The struction manager or .separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor. lions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating casts, improvements and trees;and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or installation of furniture, furnishings and related equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. necrs when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include hut are not limited to test borings, test moot,or valuations and detailed appraising of existing facilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show- tivity tests, including necessary operations for anticipating sub- ..+ ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or - tants when such services are reasonably required by the scope - • .. systems such as testing,adjusting and balancing,preparation of of the Project and are requested by the Architect. operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. ... 4.7 The Owner shall furnish structural, mechanical,chemical, air and water pollution tests, tests for hazardous materials,and -- 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer- • reports required by law or the Contract Documents. tificate for Payment, more than 60 days after the elate of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of c for other than ardti counseling services as may he necessary at any time for the 3.4.19 , structural, mechanical and consultants ans rival engineering por Project, including auditing services the Owner may require to tions of the Project provided as a part of calif Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 Theservices,information,surveys and reports required by „ Paragraphs 4.5 through 4.8 shall he furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for._the Project. including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri- •submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution.The Owner shall not request certifica- • . hility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. MA DOCUMENT B141 • OWNER•ARCIHTECi'AGREEMENT• FOURTEENTH EDITION•MA's • ©19R7 5 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,U.C.20006 ARTICLE 5 .3 if the Project is abandoned, terminate in'accordance with Paragraph 8.3; or • . CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall he the total cost or esci 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, , mated cost to the Owner of all elements of the Project designed the Architect,without additional charge,shall modify the Con or specified by the Architect. tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement.The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall he the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants,the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary • and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, stnlction Cost,if any,prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry. it is recognized, however, that nei- tiuc'ible copies,of the Architect's Drawings, Specifications and tier the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining hid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not he or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others,unless will not vary from the Owner's Project budget or from any the Architect is adjudged to he in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall he established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If Lion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price esatlation,to determine what materials,equipment,com- ponent systems and types of construction arc to he included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 - the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims,disputes or other matters in question between the increase in the Contract Sum occurring after execution of the parties tci this Agreement arising out of or relating to this Agree Contract for Construction. -menu or breach thereof shall be subject to and decided by arhi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Industry Arbitra- within 90 days after the Architect submits the Construction Lion Rules of the American Arbitration Association currently in Documents to the Owner,any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall he adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the American Arbitra- date of submission of the Construction Documents to the tion Association.A demand for arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.in no event shall the demand for arbitration vided in Subparagraph 52.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed qucstkmn would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AHA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• • ©1987 THE AMERICAN INSTITUTE-OF ARCHITECTS,1 735 NEW YORK AVENUE,N.W.,WASHINGTON.D.C.20006 B141.1987 6 except by written consent containing a specific .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect,and reference Y Additional Services earned to•date If termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute i consent to arbitration of any claim, dispute or other matter in .3 Five percent of the total compensation for Basic and J question not described in the written consent or with a person Additional Services earned to date If termination or entity not named or described therein.The foregoing agree- occurs during any subsequent phase. ,ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall he final,and judgment may he entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any court having jurisdiction thereof. erned by the law of the principal place of business of the Architect. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days' written notice should the other party accrued and the applicable statutes of limitations shall co fail substantially to perform in accordance with the terms of this mence to run not later than Agreement the date of Substantial Com- Agreement through no fault of the party initiating the termination. plction for acts or failures to act occurring prior to Substantial Completion, 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures ailur'es to act occurring final after Substantial consecutive days, the Architect shall be compensated for scr- Completion. vices performed prior,to notice of such suspension, When the Project is resumed, the Architect's compensation shall he equi- 9.4 The Owner and Architect waive all rights against each tably adjusted to provide for expenses incurred in the interrup_ other and against 'the contractors, consultants, agents and lion and resumption of the Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement may he terminated by the Owner upon rights as they may have to the proceeds of such insurance as set not less than seven days' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions event that the Project is permanently ahandnnc•d. If the Project of the Contract for Construction, current as of the date of this • `r is abandoned by the Owner for more than 90 consecutive days, Agreement.The Owner and Architect each shall require similar the Architect may terminate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9. The Owner and Architect,8.4 Failure of the Owner to make payments to the Architect in hesuccessors,ir partners, assignrespectively, and dtlegal representatives to a • ccordance with this Agreement shall he considered substantial the other party to this Agreemerit and to the partners, succes-' - ' nonperformance and cause for termination. sors,assigns and legal representatives of such other party with 8.5 If the Owner fails to make payment when due the Archi- respect to all covenants of this Agreement. Neither Owner nor • ' tect for services and expenses, the Architect may, upon seven Architect shall assign this Agreement without the written con- days'written notice to the Owner,suspend performance of ser- vices under this Agreement. Unless payment in fill is received 9.6 This Agreement represents the entire and integrated agree- . by the Architect within seven clays of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effect without further notice.in the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall he compensated for services performed prior party against either the Owner or Architect. ` to termination,together with Reimbursable Expenses then due 9.8 1Inlcss otherwise provided in this Agreement,the Architect and all Termination Expenses as defined in Paragraph 8.7. and Architect's consultants shall have no responsibility for the 8.7 Termination Expenses arc in addition to compensation for discovery,presence,handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination,Termination Expenses shall site, including but not limited to asbestos, asbestos products, he computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of tcr- minatian, as follows: 9.9 The Architect shall have the right to include representa- . - tions of the design of the Project,including photographs of the .1 Twenty percent of the total compensation for Basic exterior and-interior, among the Architect's promotional and • and Additional Services earned to date if termination professional materials. The Architect's materials shall not J • occurs before or during the predesign,site analysis,or include the Owner's confidential or proprietary information if Schematic Design Phases: or the Owner has previously advised the Architect in writing of 7 B14I-1987 AIA DOCUMENT 8141 • OWNER•ARC:IIITECT'AGREEMENT• FOURTEENTH EDITION• AIA • ©19A7 THE AMERI(:AN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dcntial or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in'Paragraph 11.1 is the � . motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service,on the basis set forth In Subparagraph 11.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment struction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, vacations, pensions and similar contributions the Project shall be payable to the extent services are per and benefits. formed on those portions,in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide hid or negotiated proposal, or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses arc in addition to compensa received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such pop incurred by the Architect and Architect's employees and con- buns of the Project. sultants in the interest of the Project,as identified in the Follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for scour- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's corn- 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other overtime work requiring.higher than regular rates. sums withheld from payments to contractors,or on account of ' 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the -_10.6.1 Records of Reimbursable Expenses and expenses per- Owner in excess of that normally carried by the Architect and raining to Additional Services and services performed on the •Architect's consultants. basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 • BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of � ,i,- Dollars($500.00 shall be made upon execution of this AgreckIX�al7Fd tttitg to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2,and any other services included in Article 12 as part of Basic Services,Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply. If necessary) 8.4% of construction cost for building design with additional hourly rates for site planning and interior design (see 3.4.3 and 3.4.13 for definitionsj. • AIA DOCUMENT 13141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA• • (019R7 TIDE AMERICAN INSTITUTE.OF ARC111TECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2((X16 8141-1987 8 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (insert additional phases as appropriate.) ' Schematic Design Phase: - percent(15%) Design Development Phase: percent(20%) '° Construction Documents Phase: percent(40%) ,;. • Bidding or Negotiation Phase: percent( 5%) Construction Phase: percent(20%) Total Basic Compensation: one hundred percent(100%) - 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall be com- puted as follows: hourly rates as listed below: Principals Time $60/hour .. • '-1 Project Architect $40/hour Interior Design $40/hour • Drafting Technician $25/hour Administrative Support $20/hour 11.3.2 FOR ADDITIONAL SERViCES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional Project Representation,as described in Paragraph 3.2,and(2)services included in Article 12 as part of Additional Services,but excluding ser- vices of consultants, compensation shall be computed as follows: (insert basis of compensation, inthttling rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. identify specific services to which particular methods of compensation apply, if necessary,) as in 11.3.1 • • 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part.of Additional Services, a multiple of ( 1.1 )times the amounts billed to the Architect for such services. (Identify specific t37,es of consultants in Article 12.if required.) • 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of ( 1 J. )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ( )months of the date hereof,thr(nigh no fault of the Architect,extension of the Architect's services beyond that time shall be _ cothi5ensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable ( 30 ) days from the date of the Architect's invoice: Amounts unpaid ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. . (insert rate of interest agreed upon.) ((tcury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws and other regulations at the Owner's and Archi- tect s principal places of business, the location of the Protect and elsetc'here may affect the validity of this provision.Specific legal advice should be obtained with respect to deletions or modifications,and also regarding requirements such as written disclosures or waiters.) AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA• •©1987 9 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N.W.,WASHINGTON.D.C.20006 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services,identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included In this Agreement.) • This Agreement entered into as of the day and year first written above. OWNER . ARCHITECT - )421111111 (Signature) -- (st, 'y�.=) L,. Carol Davis 54l oupl M 4 i c-c, eWii 2 7-1) r &4EJ) • .� (Printed name and title) (Printed name and title) AIA DOCUMENT 9141 •OWNER-ARCIIITECT AGREEMENT• FOURTEENTII EDITION•AIA• •®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141.1987 10 7.7ki We the undersigned tax payer of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. 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[41/49 zi,`Lic._. icieJ --47;14---di Jci& X- - / --- . ) 04) c P/00 We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP *1,1,1 -101Alle't -/ / / • /� .,jry_ _A *mg/ •✓ . ,i - A A _ /6/ , • 17. fr, (el....WA -X &Vt.-4 lowl Al We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Creenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP II i44 .4 A.Ai _ _air - , " Er,_ / . Jam. /._., #141M 41Ir 10 _...,.. erld„ .401 , - ,...,/ _ _,,,Arar -.0 401,/,,, _ a. _,,r, .1_, 7L7 07// 2kS 47//----: eC /9//121/(V We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP t M., - / i . wit Now- . A I M I W*We' JIL/YAL fti" 41 - v(< < ,.p;ig ,i(ice44.„ i OA/It IP 4lir 4...ov.s__,eie __________._._.______ /jirlikirAt. .....4 ■,..___. --QA._S-( ,C4 ' r a — 3 f of „a„.4.5 - c.,,/2":./ . 2/1 .5 67,-,..L.4 :‘,-,s(),) „., 2 2. it- _ FIAP : • -1/4h,„,r,„) .. ,...,..2.,_ . _ , , .........."--7,-, p � ` A_��Jg ii _ - We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any Luther tax dollars are wasted. NAME TOWNSHIP Cl ,( l l� 11/41e-- ryes gees C-14%ra.e_e GL 'i1c PA) zi W (J4/6" /-( ila-a-e; 0/4),144.4..„ 44.7426,42_, .... / 13 .47 .444 siWtop, ea-44)491-Ci o ilk J24,, %%4-1-Aii- _.,�! p. ARO 4 . - , , 4 1164-1-41 120}4C,C.y4 We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any Luther tax dollars are wasted. NAME TOWNSHIP //7 16- czydi- llr+ Uat,( /3/15 7Igh4:7C- 3g6r.rvt.e.g 7.4.7/1„404 I % I e I l /4 /Z)-/ fff . /3/7 247A/S �• Z4/ We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP %VIM- ■' A pi .L4.0 , Pr r I 0, I I .._ ..ei 7' -4, IN• A .r =Z-. /� I- / 04' !i I��l i 4 / • _ - 1e' ./ d 1 - egad • f►i Bi .4v - ■ 14 -, 40 Alf OF Ak 41.1 -111.2aZari..ALI.i_.■...-..0 • Aliardialiartir (1 i ( 11.11JELN/ c4•0.) / .... lillih:mosh■wt ' A '1 / _ fix. J._ l 1 AaSilk-hall MA EL& WM We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME • E TOWNSHIP fi ..e./ , g N fii-m-fri To cA)A1c9/1 if ..., - &._. EA CIL-J.-) 14 qk IA.&'Ilfk. - 6-,..,....d lit'........,_ 1, 1 - r_'° ( r o GC?) - 4O ' , ,t r' . , 6.--^r�.�,_c:._ . r7 Jac—w`r� /i I ,,-- '7(12' t<z) / 1 ii IOW - ,� _ � / / A1,47 f _r1Rjo / // Z // _ —_— . .�_,,� _ � 410.4.0- OW G ( 1 , 0 . '1� 6. /q/,�. eldl ______L__._ _________ .1.- - -.[' '-'1 /4-- Al ii 5 / P4,We_f) V---- /2-g:7,-. R!_401) We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP .. ��' 'rev' --, ;4y/AP/ //r // eXvt-AJWAIA7--f-- CA / IJU . , -gyp,!_, - ( I'3k''x-. hamrt,) � f��f -: - r ��__. Sri.,.. r / • or I/ f c4{40 - /'f(LC AO I 1� 4 ..._ --.I. ..,•_iidelliPPIPv- ,y4.....:di s/ k, --A-dit /, l rte„/Jw� _ ! /, .. C 'i if 1/ !dit ---_griiill . / , 4' , 4,....e e 7) 1_ C J/ 1wai �I' (' J23 / L/ ' . doi� ,, to to zc I S— Cp7J �C c►� ( 7510 /...1. cA / .4. 4/ . TWO Q C h•Vc/ 1-111 /lam. -•••• �r i �•,. _f.:i� r" 7' may' y We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. / TOWNSHIP Illb. . /1/d.r/ri 4, 0, f,jetedi 7,1:41, ' � � , �,a f I' I I e:--- A h illi. A 4,. r.,"• / , .., 1 - I FAN '4.9)0,,,..a.0- - spiez.a.., 01/4 X _ yier-z-2:210-P , 1 1 ' et.a_ (_:/,12_,1 /.1(;e4, tiot-eAt I% , i e ...../ err) 1-.*_...P A I• /(--?, 0 i 4.1 -.Z.-44_ , 9r4At...). 46...., ,... '/ C //-Ar / 4. , - ._ . _ , - , lit 44 tAlifiA-Ji1/4.. ..5.1/2 a4' I---n) r p Co 6 t h „„ „.., „. -7)- -7-?rc , -R ,z)-N We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. • NAME TOWNSHIP Z,e2.;/4-.`”- ■ , '4,0 i d 24,i,,,' ,i f d td,,„j , (11. to, iecei ,0-----//12,4,1 47 1 ,,,,..„,----‘Al' 14't /1/7rjr.j1C°if-"g c /,,,, /.1 , ( 4°7 ..-- - A2-----7 tAr ,,,,,,,,,„„ 4.,21,.._ . cw:) , A4te CLP-/N/ArixiS'''''A;;Ike--- C-3 -k-\''VAVL //X rf,c-7t," / \ \a\ ilk Uat.iii, %. �� iv Ai -r - rte. �.4(, '^'f '` AL/447 f.l "'mil C}- \ 7 e-6 a d 174,7( d ifitairlIMIIMIW*WrielAri/- �t,L... g/ rrv-ei) ......,,,is We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME / TOWNSHIP ' C-�4 a / .. •f (/S S i ) ' MAII ......_ it, i • i ilL IR OilibOti) (2,{A L *,,___ eikeA24 g.ifi,/ i'14ed e %a,6- / e69 vvr ✓ovt, /U.C . ( ,.t � i/ Y 7ka 4 . . � . . '` 41 fl,�, ._. ,e-- ---1/4i- e G,-/-r& 14.u.t, Ai.C. _...4:4,7, a. A 1.2-. I a-LeV.--c,‹ 49-z‘-o-e-.9,-- -k ( 7,a_A. C___ _). ao sap CW cf6 714 , -1..g...2-.._ got...474_ y•vatteLejg, e-,- /i, _Atc,,,,,_Q 4,,,.a,.,z}„,-:_-_, 0._afv-tht-u, -----; ' .----y\ 0......___,., 'x--s '''..*S---c--te-r—L,L----, i C) c;Z: 79 --a--7-2., ,e-sc_ G.,--,...4,__,.....„. 5,0 y)-&-.1-4.- A o Chu 5.r. £-44,4,nr..-p ♦. _J. _ A • --c1.--1/4" 17/2/ A .,lWA!//_ IIIIMIll_ ,i. /i_ tom' ..!%1_/. ' �'.� ` 1.+' 4W `'T , / C v "244•1-A Per(fi 1 °Itg-45.-----4 c.+44'-- 3 �/ S. C� o,�.(61-"Ve-M-: c l„1 ,-C at 6 /ue-- Di. S76 _Aill H. Xedsa)V‘Xa'11/6d e /(. 1° 4 SM/VJ a2arr4d aate / A /4 /VS .„4__-' - Ecyz-4-77oN PLAA.2 We the undersigned tax pa ers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. • NAME TOWNSHIP � .p--„..."--9.1---waryo .4 1 1 C . • cv -./ -g ,a 1/ h`; _ / !1/ ;,l 1/ ■i ° 0 I 101.4. 0 .a.e."' I VIA _ko.,...t...) 41- le214k e/ --- 0.,1 ifign if _0_,41,,..b."..._ - •ID.1.- ezzAk) i f frit-1-- f, 744...claxio....,) „ ( 1 ,.•, �, /7 imp: / . .. .A I( 7941,/,, ,,,4 _,Pv ; iiilf./-0 a S.:2 1.11.1 A/"244, I/ Qua 4. i' 3 Li , r Veuru,efert Ivic.g.t....--LAC-v-a---1 (7 • We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME / TOWNSHIP 27-1C7""4-7 I , ' I f _A..* / i I f i 4. I 40z,Itti„„ S ) i . Th4,--7 , � I .� 1 4 ��t_��►�! 41111 1 •.o,1 C ' .1 r/j, - ere).- ac_ /1 , , cilt.`) C4... LOC-41 It / 1 CAlffffl""( ��� C / We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAM -PS i(&\-----) T SHIP fi,-G K-c.�_ , ,, ( e [. t 1 t ��4wo ,- '7 , C r t /1_ ",ice. , 1i ),( ,� 1l•Ai11VMi7 ://rAdve 4,4z.g........4 1 111119 tf . - 4,ih.d4i /CA •, ,1 II. J ' ,. I. ! r << `Amp. i /Wice _! . r IP We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP £A,ify R ad4 . . al •-kt,WN di AP 1 77 '' ''''Xfic.4.r' / 1374" — . 11 A L( 45 4J[.,,n L MA! •-- i 11111M01114 A !LA A4AILLIC4i; •-_ a , . r ( t 7 , _ .. A A d 1. I 1 o 76.4 1 1 a.4 i V Agri JA,d Al Ai 1 4 ;j4frl d A 41111111 A r � �1� : ' .1r NM" ' . 4111r , We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME TOWNSHIP 14 1,C. e (,/,‘ / r// alvel i l� rte!am))Oft4,e- 1 "r `,/ ►_ J _` / 4/ •Alltry , ofr 111111t C f . .0 •. 4,44 �. ,' 1 tatia,e. ,o1 / I de/de , . i� 401 Ay, We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green- way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. -MAME TOWNSHIP r � / IrAF' r f - al��Srv/ r / r. 4, 1071,....dkr.----.. iii 1■._ , .._,16,_,.....L.... 1W il ,._ _ imp IV ir L ..� . _______. J ! s;A, Ac ., Arror ...__4_,Rea......1„, .... ib.,_.‘i_ . ,..,„. lwAt /, Apt# wk., ... 411 ..._.i......_. lit. i.,,I____ .1 i r I i rA I liN/ Irt 4,r ! I AVM NIALA.A.A.4 -41,44 f - A 11K1111-441W r al( or / /J , II 1 We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. • NAME ,/ TOWNSHIP _ aV /,z. /. t mt m2 7. 8 _-_ -- I.�. _ Al C - 4 � L" . r ' Y fill l I: / p A Alli7' /r .�f AA 40 • 4 4 t 4 9.h lej169--' 6t0"="Pl.--.- (...9. .....4./uaL. A I ■A i .0 in LA+-cam. ,,r Ae - 6., dif."*.. ' _ . •ALL--er .1- ;.....M. or 411,,,,,e LIU -v •�..��I1 %N 1.A, a ak-i �I .� We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan immediately before any futher tax dollars are wasted. NAME / TOWNSHIP f / _ �• t e - r / al Al OF 0 ill . fry 126tee. B i Ce9.1.41 &go 1. ida J \S-%-\\NN,m \is4 f: -I ,t1 gr AV' Mr" A _-11111■111;'LW II .45 pp.., 2.4, _.... .. , Ode ._ . _ ,,,_,,,__41 0-- ) , ''. ,14INPA...... .":" ( z - a We the undersigned tax payers of Orange County N.C. hereby petition the Orange County board of Commissioners to dispose of the proposed Parks and recreation Greenway program which is totally unacceptable. The Green— way plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected commissioners condemn the proposed Greenway plan luinediately before any futher tax dollars are wasted. NAME TOWNSHIP 7 ��'Yi1/�/ , ..- 2 ,, .._ A ,Alk I_ ___,..,..t. -A A AL/ 4' VA lirdral I Of 4 1 , 0 __ Cam_ ,ip,//. or > G ' iff -0�_J�� A OP A *�, li∎ •_A. ! c• ` __,.__ tINNbita, .49 • l'IA NNW� 4111" t I J/i„ C_AUL4CLIIIIIIIk■ , • r - :11,41A51011)I_'_- ff &A elk 9.4.4._ � , k,. im 4 / , �i 4 C A ir AWL 1 • /1 e .... / • • a, L/( _ yid ae•cc- , S j TJ-,VL- /-0-f_P-Z71-0-(1.i/Le a-L.i CrJL�"l /L a-�•`Y�A} . a 4./24-7`-• Lpletfrouozz ,� . . e01._ .., , �• - �,Qiy -,per, -u'.= sC -. en-•W�cr�ei ii� -- - .v, ��[``,II��i7't.c--° a L .cLc /14.44-7` .c.�•u`�l AtIe.C. • . .t, ' awe - • �.�. €J)- s n .a-v ..11-1.- �,.� : . -9414.11_ • " L'ZG ,Z L46-e x V.44—) .Li iD aro? X.:a - (.7 ;J""`^ GJ�'7+Ki /l��Y-L '�1-t+L • �C ¢° (J� _`�G�CkGy l/yfytJ JJ,vT CL --Q.i�e l7�c-i z��.TGVJ 6-;" y Y? Z- t l '-^�^u' -cf-- 44-e_ Li: A • `f-":1114iP-Ga, ‘11-41,0' t#Lailia CytAA- It; _AJZ. 0264:$44‘.. ig.eAde- - Qivt.1 ne“;3 2. &w- a v1 vo a_ ._ fir, �. `2."���._.- ^�r!`• �•.,--<.,_,� •-1-kr:'u• i . i - lit) --- Y►:t w� �. w i+il wit . j,�--e d�n..e 1-�c 1 `A-T -CL; - i4.1" s:.;.1s, e.Q-C1-_. --\•:\,----c...--47. &LA-A . -- ---1.--..0 - - ...__ . .- ..._: a�,,, %.) cam,. \ !-7 'r Ct.,"'fit .e..,.._- -,c d, . ,,, c . c>tJL ./t,.-c..-. ,,,t a• _. ---__-.�.� ���7.7 '773/a4;t___4-02.___5u-14-4.D.- ...12 a c.•.a..ervuv - - i - .... _ 1. . , . _. Q-) .26•11:-:‘? _ 4,e___ i ci4L--6:,-...- (4., , to...,,.. � � 0 jC ■ � v rte- s 9irc. ee Home of Maview Holstein s /1/t_ccu 198' '7 Ohc& Lc -e U)--r7 i1- ,t cO ate: k LA.,ct cuti_ L,L,vict_ )/-0 pt, 14-0- q eJ is c c vrq £ uc t uxzeau / 90 cr-v) ,&t. 114 EL. Q JuG cL Wt. cam.e_ (.f` ,cam 6A. Yk e cut W--moo LL UiL OA cu t -Lc o Y1r. lC� Cau _OzcL . • e, ROBERT P.NUTTER ROUTE 3,BOX 542 IULLSBOROUGH,N.C.27278-9315 Tel.Chapel Hip 919-929-6397 NAME (PLEASE_-P INT)... ADDRESS ITEM # ... C� �z,r- mss grayer tree-1144 ,°, g A`-74.1" oe'/V 44. &rainger Barre _ M. Li v% Lodi 1P- / >O. CA CoLk /-719-V -h• .%,6 r4/2 FIN - � 11 1 . f . PAZ Al s 12. EA/, s 3• e ,L./ � y 1'H-1 ©D2- 114. P.r~v y L ' / 0 2f 16. 17. 18. 19. 20. 21 . 22. 23. 24. 25. 26. PLfriSTA Lova. . 27. 28. NO10 owO a_ s-- 30. 31 . 7 1 32. 33. 34. 35. 36. 37. 38. 74. 11:`'.• W‘ li . .0_,I,i STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION R O. BOX 178 GRAHAM 27253 JAMES E. HARRINGTON W. B. BUCHANAN SECRETARY BOARD MEMBER April 28, 1988 Ms. Shirley Marshall Chairperson Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Ms. Marshall , I have been approached concerning the renaming of a portion of highway 15-501 in honor of Chancellor Christopher Fordham. The proposed section would be from the Chapel Hill city limits, near Durham, to the highway 54 intersection, toward Graham. I have known Chancellor Fordham for many years. He is one of our finest educators and is certainly one of North Carolina' s most outstanding citizens. His retirement from the University of North Carolina this summer will end his era of educational leadership, but not his support and dedication to our educational system. I hope you and your Boardmembers will join with me in honoring one of North Carolina' s best. I very much support the project and would like to see your support in the form cf a resolution. My next DOT board meeting will be May 12, 1988. I would like to present letters and resolutions at that time. Sincerely yours, 1 / ' 1.00. 61----(--41-97'—' ' Wm. B. Buchanan, Jr. WBBJr/bsh An Equal Opportunity/Affirmative Action Employer May 3, 1988 Mr. Wm. B. Buchanan, Jr. State of North Carolina Department of Transportation P.O. Box 178 Graham, NC 27253 Dear Mr. Buchanan: The Orange County Board of Commissioners at their regular meeting held last evening approved a resolution to rename a portion of highway 15-501 in honor of Chancellor Christopher Fordham. I have attached a copy of the resolution for you to present at your meeting scheduled for May 12 . The County Commissioners fully support this project and are pleased to be a part of this undertaking. If there is anything further we can do, please do not hesitate to contact my office. Thank you. Sincerely, Beverly A. Blythe, Clerk Board of Commissioners /bab File attachment ORANGE COUNTY COMMISSIONERS 108 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H-HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL RESOLUTION DON WILLHOIT RENAMING A PORTION OF HIGHWAY 15-501 IN HONOR OF CHANCELLOR CHRISTOPHER FORDHAM WHEREAS, Chancellor Christopher Fordham has served in exemplary manner as Chancellor of the University of North Carolina in Chapel Hill, WHEREAS, Chancellor Christopher Fordham has recently announced his retirement from the university this summer thus ending an outstanding era of educational leadership, WHEREAS, Chancellor Christopher Fordham has pledged his continued support and dedication to our educational system, WHEREAS, the Orange County Board of Commissioners wishes to join the North Carolina Department of Transportation in honoring one of North Carolina's best educators, NOW, THEREFORE LET IT BE RESOLVED that the Orange County Board of Commissioners supports the renaming of a portion of highway 15- 501 in honor of Chancellor Christopher Fordham. The proposed section would be from the Chapel Hill city limits, hear Durham, to the highway 54 intersection, toward Graham. This the 2nd day of May, 1988. G- — Sh-irle . Marshall, Chair Attest: �7 to /5- /- • 7 P R O C L A M A T I O N • WHEREAS, According to the latest population figures, there are over 10, 000 persons over 60 years of age in Orange County; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have given and for what they have contributed to their County, State and Nation; and, WHEREAS, Because of them, the rest of the citizens enjoy the fruits of their visions and their labors, and their example is an inspiration to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County wishes to set aside a special month for recog- nition of the older segment of its citizenry; and, NOW, THEREFORE, We, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in PROCLAIMING May, 1988 OLDER AMERICANS MONTH AND, further, do encourage all citizens to join us in honoring our older Americans. Shirley =rshall , Chair Orange County Board of Commissioners 57- -erri 4 STATE OF NORTH CAROLINA LEASE AGREEMENT COUNTY OF ORANGE THIS LEASE AGREEMENT, made and entered into this the first day of October, 1987 by and between the TOWN OF CHAPEL HILL, a North Carolina Municipal Corporation, 306 North Columbia Street, Chapel Hill, North Carolina, hereinafter referred to as "Town" and the COUNTY OF ORANGE hereinafter referred to as "County". In consideration of the mutual covenants and conditions set forth below, the Town and the County agree as follows: 1.. Lease of Premises the Town agrees to lease to the County the first floor (2, 009 square feet) of the Department of Housing and Community Development Administration Building at 317 Caldwell Street Extension for use by the Employment Security Commission of North Carolina. 2. Rent a. The County agrees to pay to the Town as rent for the Leased Premises the sum of $1,339 per month. b. Rent shall be due in the Town' s Municipal Building on or before the Fifteenth day of each month. c. The County shall be deemed to have taken posses- sion of the Leased Premises on October 1, 1987. 3 . Term of Lease The term of this lease shall commence on October 1, 1987, and shall run for a period of twelve months. This lease shall be subject to nonrenewal. 4. Parking The County may, as a right and incident of this lease, use any of the parking spaces in the parking lot except those that have been reserved for Town staff. 5. Sublease or Assignment The County may not sublease the leased premises to any agency other than the Employment Security Commission of North Carolina. 6. Alterations The Lessee shall have the right during the existence of this lease, with the prior written consent of the Town Manager, to make alterations, attach fixtures and equipment, and erect additions, structures or signs in or upon the leased premises . Such fixtures, additions, structures or signs so placed in or upon or attached to the leased premises under this lease or any prior lease of which this lease is an extension or renewal shall be and remain the property of the Lessee and may be removed therefrom by the Lessee prior to the termina- tion of this lease or any renewal or extension thereof, or within a reasonable time thereafter. The Lessee shall have no duty to remove any improvement or fixture placed by it on the premises or to restore any portion of the premise altered by it. In the event Lessee elects to remove his improvements or fixtures and such removal causes damage or injury to the demised premis- es, Lessee will repair only to the extent of any such damage or injury. 7. Responsibilities of the County In addition to the other covenants and conditions of this lease to be observed by the County, it shall have the following responsibilities with respect to the Leased Premises: a. The County shall maintain the leased premises in good repair. b. The County shall be responsible for the proper security and safekeeping of the Leased Premises. 8. Responsibilities of the Town The Town shall have the following responsibilities with respect to the Leased Premises: a. The Town shall provide all utilities except telephone. b. The Town shall provide janitorial services. c. The Town shall have the right to regularly inspect the premises and approve alterations and renova- tions, but shall not enter the leased premises nor allow any agent of his to enter the leased premis- es after Lessee' s business hours, except in emergency, without permission from the Lessee. 9. Personal Injury or Property Damage The County shall defend, indemnify and hold harmless the Town against any claim, cost, expense, liability, action or judgement arising out of or related to any personal injury, death or property damage with respect to the Leased Premises to the extent allowed by law. 10. Insurance The Town shall provide all risks of physical loss or damage insurance coverage to the leased premises. Contents of the leased premises will be insured by the State of North Carolina. If the said premises be destroyed by fire or other casualty, without fault of the Lessee, this lease shall immediately terminate and the rent shall be apportioned to the time of the damage. In case of partial destruc- tion or damage by fire or other casualty without fault of the Lessee, so as to render the premises untenantable in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. During such period of repair, Lessee shall have the right to obtain similar office space at the expense of Lessee or the Lessee may terminate the lease by giving fifteen (15) days written notice to the Lessor. The County shall provide at its expense liability insurance, naming the Town as an additional insured, covering its activities at the Department of Housing and Community Development Administration Building in limits as follows: a. Worker's Compensation: If user falls under the State of N.C. workers' compensation law, coverage shall be provided for all employees. The coverage shall be statutory limits in compliance with the applicable state and federal laws. b. Comprehensive General Liability: Coverage shall be per occurrence combined single limit for bodily injury and property damage liability including premises - and operations, coverage limit to be $1,000,000. Copies of such insurance policies shall be provided to the Town's Purchasing Agent. Said insurance shall provide that the Town shall be given at least 30 days prior written notice before the policy may be altered, amended, cancelled or terminated or allowed to lapse. 11 . Waiver of Subrogation The Town agrees to maintain fire, extended coverage, and vandalism and malicious mischief insurance on the building and on personal property of the Town contained a therein to the extent of its full insurable value; the County shall do the same with respect to its property located in or on the demised premises. The Town and County hereby mutually release and dis- charge each other from all claims or liabilities arising or caused by fire or other casualty covered by the above insurance on the leased premises, or property in or on the leased premises. 12. Cancellation This lease agreement may be cancelled upon 60 days prior written notice by either the Town or the County. Upon termination of this lease, the Lessee will peace- ably surrender the leased premises in as good order and condition as when received, reasonable use and wear and damage by fire, water, riots, insurrection, public calamity, by the elements, by act of God, or by circum- stances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. 13. Notice Any notice or written communication related to this Lease Agreement shall be deemed effective if mailed or delivered to: 1. For the Town: Town Manager 306 N. Columbia Street Chapel Hill, N.C. 27514 2. For the County: County Manager P. 0. Box 8181 Hillsborough, N.C. 27278 This the day of 14411 , 0.1 Ai copy IN WITNESS WHEREOF, the p Agreement to be executed int eirsre respective names, this Lease This the day of 'ff ;' TOWN OF CHAPEL HILL A Municipal Corporation CONY OF ORANGE BY: 4 �� g L sw Manager , ,' r, � Cha r, d of County Commissioners <� s"-9' ,) - _ `'-�7XTTESI • --, . ' ?�°a _ -- rk '_ ATTEST: �� - ,-,,_-,:';:.1,::, ' 1 orm and Authorization: e - :A - '7.-, - eirAl■ _ te r 7o r This instrument has been p -audited in the Local Government Budget and Fiscal Control Act.manner required by the Hance D rector _"_-'ter- D rector, Departm nt of Hous ng and Community Development , 1 APPROVED JUNE 6, 1988 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING MAY 2 , 1988 The Board of Equalization and Review met at 4:00 p.m. Those minutes will be approved by that Board and entered into the Minute Book in the Clerk's Office. The Orange County Board of Commissioners met in regular session on May 2 , 1988 at 7: 30 p.m. in Superior Courtroom, New County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. COUNTY ATTORNEY PRESENT:, Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr. , Assistant County Managers William T. Laws and Albert Kittrell, EMS Director Bobby Baker, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Data Processing Director Keith Brooks, Planning Director Marvin Collins, Community Development Director Tara Fikes, Finance Director Ellen Liston, Tax Assessor Kermit Lloyd, Land Records Manager Roscoe Reeve, Health Director Dan Reimer and Planner Mary Scearbo. A. BOARD AND MANAGERS COMMENTS Chair Marshall added to the agenda a Resolution to rename a portion of 15-501 in honor of Chancellor Christopher Fordham and the swearing in of those Equalization and Review Board members who were not present for the 4: 00 p.m. meeting. Commissioner Halkiotis publicly commended the Orange County Sheriff' s Department, the Hillsborough Police Department, the SBI and other law enforcement groups that participated in providing a safe environment in the Orange County area last Saturday with the Klan march. They did an outstanding job and should be commended. B. PUBLIC COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those citizens who have signed up to speak will be recognized at the time their item appears on the agenda. 2 . MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to approve the April 19, 1988 minutes as corrected. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Marshall read the public charge. OATH OF OFFICE FOR THE BOARD OF EQUALIZATION AND REVIEW MEMBERS 2 Clerk Beverly A. Blythe gave the oath to Commissioners Moses Carey Jr. , Stephen Halkiotis and Don Willhoit. The oath was given earlier at the 4: 00 meeting of the Equalization and Review Board to Shirley E. Marshall and Lee F. Butzin. AWARD PRESENTATIONS 1. "HEALTH YOURSELF" CONTEST Chair Marshall presented to Tim Lutenski an award for winning the logo contest and to Meg Molloy an award for submitting the winning title for the newsletter. PUBLIC HEARINGS 1. MASTER RECREATION AND PARKS PLAN Chair Marshall stated that concerns have been raised about the location of the proposed parks and noted that the sites have not been determined. The circles on the map indicate only an area -- not a specific location. She noted that she cannot ever foresee that any future Board would move in and condemn land for recreational purposes when the family that owns that land does not want to sell. Recreation and Parks Director Mary Anne Black presented slides which gave an overview of the process that was used in developing the proposed Master Recreation and Parks Plan and how the plan is unique in that it addresses those recreation and park needs for the County for the next twenty years. The Public Hearing was open for citizen comments. CHARLES BURGER , member of the Orange County Recreation and Parks Advisory Council, stated he takes his responsibilities very seriously. He expressed his advocacy for the cause of public parks and recreation in Orange County. He noted that only through a well planned initiative by County Government can we put together a parks system which meets the recreational needs of Orange County citizens. Civic and volunteer organizations are important but are only a part of the whole structure. He asked that adequate support be given to the talented and dedicated recreational staff so they can deliver their services. He stated that the plan is both proper and reasonable for Orange County. He talked about the vision and courage that would be needed by the Board to initiate the Plan. FRANK SHEFFIELD spoke in strong support of the proposed Master Parks Plan and in particular the idea of a district park in the vicinity of a proposed new reservoir that will be built somewhere near Hillsborough. He also supported the need for a swimming pool at Orange High School. In general he stated that more parks are needed in Orange County. He pointed out that there is not a public swimming pool available north of Chapel Hill and there is a desperate need for a pool in the northern part of the County. GRAINGER BARRETT spoke in support of the Master Plan. Parks are a legacy for generations to come. He emphasized that approval of the plan is the first step before going to the citizens with a bond referendum to pay for these parks and pools. The bonds will be spread over a twenty year perio�nd will be the best dollars spent in Orange County. L LUDINGTON spoke about the controversy that the plan has aroused and her surprise at this controversy indicating a lot had to do with a lack of understanding of what the Master Park Plan actually is. It is important for the people to know that the County is not going to take their land or raise taxes. The County is growing with a rapid pace of development which makes it critical that the County have a plan for the next twenty years or 3 even the next fifty years. Without a plan, the County will not be a very attractive place and people will not want to come to a place without green space and recreational facilities. She noted that there are a lot of people who have been silent before who have not spoken out and that she represented many people who have not come to the public hearings but who strongly support the plan and she thinks it is an excellent plan. GEORGE CHOCKLEY from Cedar Grove Township stated he is not against recreation, swimming pools or any form of recreation but is against the master plan for rural Orange County. He stated that rural Orange County is going to be developed in the next fifteen to twenty years but the plan, if approved, will be implemented as soon as feasible which will throw the burden of cost on a sparsely populated rural Orange County. He suggested waiting until the area becomes more populated to implement the plan because there will be a base to draw from. JAMES R. SMITH spoke in opposition to the entire Master Plan. He is not opposed to the idea of swimming pools or parks and swimming pools in the schools. He emphasized that although the Master Plan has been studied, very little attention has been given to the details of the plan. He noted that when the plan is evaluated using a set of criteria that it fails in the technical and pragmatic approach, cost analysis and organization and management. Assumptions were made that determined the numerous contributing factors which influenced the needs and are neither stated or discussed. There is no supportive data or discussion of utilization rates or current or proposed facilities. Alternative approaches, if any were considered, are not discussed in the plan. He asked that the Board study the Plan before accepting it. CAROL RIGGS submitted a petition with 531 signatures. The petition read as follows: "We the undersigned taxpayers of Orange County N.C. hereby petition the Orange County Board of Commissioners to dispose of the proposed Parks and Recreation Greenway program which is totally unacceptable. The Greenway plan is too expensive and invades the rights of land owners in Orange County. We the people of Orange County demand that the elected Commissioners condemn the proposed Greenway plan immediately before any further tax dollars are wasted. " MINERVA KENYON , member of the Tree Board, spoke in support of designated and managed places for recreation space. Parks have trees and they are important to the whole community. TERESA LOCKLEAR read a statement which asked the Commissioners what the basis of their assumption was that gave them the power and authority to tell the people how they can and cannot use their property. LAURENCE GIRRARD talked about land that had been in the family for generations. He expressed concern about the proposed community park in the Caldwell area and noted that the circle on the map landed on 140 acres of Miller property. He stated that the money could be used for better things in Orange County. He is opposed to the Plan. He distributed a copy of his statements to the Board Members. BEN LLOYD stated he does not oppose parks or swimming pools and that the decision to delete the greenways was a good decision. He made reference to the tax rate and noted that the schools have dire needs. He stated that the County cannot afford to spend money at this particular time on parks and recreation. He made reference to a contract to put sewage to his house and indicated that this line should be run before money is spent on parks and swimming pools. He is against the plan at this time but will support it when and if the time comes that Orange County can afford it. HERVEY MCGIVEN spoke in support of the Master Plan. He feels it is a farsighted effort by the County to address the needs that will exist in the future. He also supports the flexibility provided in the plan for implementing certain aspects of the plan. The plan should go to referendum 4 and it is his hope that there will be parks in Orange County. PEARSON STEWART spoke in support of the Master Plan. The need for land for parks will continue to increase and become more difficult and more expensive to acquire. He urged the County Commissioners to come up with a financial plan which will permit the gradual acquisition of both schools, sewers and parkland over a period of years because all are necessary. ROBERT NICHOLS stated he is not opposed to parks and recreation but considers the plan a partial plan because the financing of it is not included in how to obtain what is wanted. The property owners cannot support everything that is needed. A financial plan is needed which includes all the people. He suggested~a sales tax that would tax all the people. MARIE TATE stated there are no parks or recreational facilities for the children in Cheeks Township. She is not opposed to the Plan. She is for the future and what can be done now for those that have no facilities. She is against waiting twenty years for these recreational facilities. SUSAN WALDROP expressed her surprise at finding there were no pools or parks in Hillsborough when she moved to the area eight years ago. She feels the community does not have adequate parks or recreational facilities and thus Orange County may not be the attractive location in which companies may want to locate. Investing now to make Orange County a better place to live and work is making good use of the County's tax dollars. FLETCHER REIMAN. stated the proposal does not contain facts on how to fund it. He questioned how anyone could vote to support the plan. JEAN FORREST asked about a statement made by Mary Anne Black with regards to OWASA. Mary Anne Black explained that the Master Plan proposes a district park in conjunction with the OWASA reservoir and adjoining properties. Patrick Davis, Assistant Director of OWASA, explained that OWASA has participated in the discussion about a Cane Creek district park. They will review some development plans with the County in the upcoming months. There are recreation activities at University Lake which are provided by OWASA. The uses of the Cane Creek Reservoir and the appropriate funding would need to be determined. DAVID SMUDSKI , member of the Orange County Recreation and Parks Advisory Council, stressed and illustrated the need for recreational facilities. Pools are needed in rural Orange County. He suggested that a way needs to be found to finance these needs. DOROTHY BAIN noted that the Southgate Home is owned by the State and would be a wonderful recreational area for the County. Eno desperately needs water and sewer and she would like more clean industry in that area. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. 2 . PROPOSED CDBG APPLICATION/RENCHER STREET AREA Tara Fikes presented for the receipt of citizen comments the proposed FY1988 Community Development Block Grant application for the Rencher Street area. THE PUBLIC HEARING WAS OPEN WAS CITIZEN COMMENTS. ALVIS LONG spoke for the Rencher Street Community and asked that the Board approve the project and make it a better place for everyone to live. G. C. CORBETT spoke in support of the project. He thanked the Commissioners and also the people in the community. The people are in need of some of the facilities that are included in the project. Water, sewer and roads needs to be improved. Housing needs to be upgraded. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. 5 Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the proposed project activities in the Rencher Street Community Development Program. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS 1. OLDER AMERICANS MONTH Betty Landsberger, Chair of the County Advisory Board on Aging, presented the following proclamation for approval: PROCLAMATION WHEREAS, According to the latest population figures, there are over 10,000 persons over 60 years of age in Orange County; and WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have given and for what they have contributed to their County, State and Nation; and, WHEREAS, Because of them, the rest of the citizens enjoy the fruits of their visions and their labors, and their example is an inspiration to continue to make Orange County a good place in which to live; and, WHEREAS, Orange County wishes to set aside a special month for recognition of the older segment of its citizenry; and, NOW THEREFORE WE, the Orange County Board of Commissioners, join the Governor of North Carolina and the President of the United States in proclaiming May, 1988 as OLDER AMERICANS MONTH and further do encourage all citizens to join us in honoring our older Americans. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the proclamation as stated above. VOTE: UNANIMOUS ADDED ITEM 2 . RENAMING A PORTION OF HIGHWAY 15-501 Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the resolution as stated below: RESOLUTION RENAMING A PORTION OF HIGHWAY 15-501 IN HONOR OF CHANCELLOR CHRISTOPHER FORDHAM WHEREAS, Chancellor Christopher Fordham has served in exemplary manner as Chancellor of the University of North Carolina in Chapel Hill, WHEREAS, Chancellor Christopher Fordham has recently announced his retirement from the university this summer thus ending an outstanding era of educational leadership, WHEREAS, Chancellor Christopher Fordham has pledged his continued support and dedication to our educational system, WHEREAS, the Orange County Board of Commissioners wishes to join the North Carolina Department of Transportation in honoring one of North Carolina's best educators, NOW, THEREFORE LET IT BE RESOLVED that the Orange County Board of Commissioners supports the renaming of a portion of highway 15- 501 in honor of Chancellor Christopher Fordham. The proposed section would be from the Chapel Hill city limits, near Durham, to th6 e highway 54 intersection, toward Graham. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA (Any item may be removed for separate consideration) Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the items on the Consent Agenda as stated below. 1. APPROVAL OF UPDATED TDP VEHICLE REPLACEMENT SCHEDULE (A copy of the schedule is in the permanent agenda file in the Clerk's Office) . To approve an updated vehicle replacement schedule which includes four backup vehicles left out of the original replacement schedule included in the Orange County Transportation Development Plan. 2 . JAIL INSPECTION REPORT To receive the March 17 semiannual jail inspection report from the State as information. 3. NON-EMERGENCY TRANSPORT FEES To approve an adjustment in the non-emergency transport fees from $60. 00 base charge and $2. 00 per loaded mile outside Orange County to $70. 00 base charge and $3 . 00 per loaded mile outside Orange County. 4. NON-EMERGENCY TRANSPORTS To approve a contract with Durham County Hospital to provide non emergency transports for Orange County residents from 5:30 p.m. until 11: 00 p.m. , Monday through Friday, and 7: 00 a.m. until 11: 00 p.m. , Saturday and Sunday and to authorize the Chair to sign. 5. LEASE FOR THE CHAPEL HILL HOUSING AUTHORITY BUILDING (A copy of the lease is in the permanent agenda file in the Clerk's Office) To approve a lease as modified between the County and the Town of Chapel Hill and the lease between the County and the State of North Carolina for the Employment Security Commission and to authorize the Chair to sign. 6. FIREWORKS PERMIT; SPECIAL OLYMPICS To approve a permit for a fireworks display in conjunction with the North Carolina Special Olympics State Summer Games to take place at Fetzer Field on May 13, 1988. 7. CONTRACT APPROVAL; ARCHITECT FOR PUBLIC WORKS ADMINISTRATION BUILDING (A Copy of the Contract is in the permanent agenda file in the Clerk's Office) . To approve a contract with Lucy Carol Davis Associates to architectural services in conjunction with the construction of the roposed Public Works Administration building and authorize the Chair to sign. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. RECOMMENDATION AND REPORT ON GIS FOR PHASES IV AND V OF THE REMAPPING PROJECT Roscoe Reeve, Land Records Manager, stated that the multi- year mapping project is at the point where a decision needs to be made on the next step. The base mapping phase of all the County has been completed. By moving the maps to the computer, an unlimited flexibility will be available in providing information about the land in a technologically and modern way. He explained the process followed in studying the concept and the potential of the GIS system which has led to the recommendation that GIS be the option of choice for the final phases of the remapping project. He gave several illustrations of how the system would work. He presented slides which showed what the maps would look like. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis that the Board of Commissioners approve the production records of property and land features as the final two phases of gthat Agreement between the County and L. Robert Kimball and Associates, and that the County evaluate and recommend a geographic information system (GIS) for purchase, to implement the capability, subject to budget approval. VOTE: UNANIMOUS. 2. REQUEST FOR WAIVER OF TOWN CAPITAL FACILITIES AND MAINTENANCE FEES/RENCHER STREET PROJECT Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to authorize the Chair to make a formal written request to the Hillsborough Town Board asking that all capital facilities and maintenance fees be waived for the Rencher Street Project. VOTE: UNANIMOUS. 3 . SECTION 202 HOUSING FOR THE ELDERLY APPLICATION Tara Pikes explained that the Greensboro Office of the Department of Housing and Urban Development has announced the acceptance of applications from nonprofit organizations for rental housing under the Section 202 Direct Loan Program for Housing for the Elderly and/or Handicapped. The InterFaith Council has decided to sponsor an application for these funds with the cooperation and support of Orange County and the Town of Carrboro. InterFaith Council is requesting an initial $5,000 from Orange County as pre- development seed money and $7,500 as the Minimum Capital Investment escrow for this project. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to (1) approve the contribution of $5, 000 as e money to the InterFaith Council with these funds taken fromeltheenRental Rehab Income Account which presently has a balance of $22,140, and (2) commit a contribution of not more than $7,500 as Investment escrow for the project. These funds should beltaken from pital Rental Rehab Income Account when necessary. If a Fund Reservation is obtained in September, those funds are estimated to be needed in November 1989. VOTE: UNANIMOUS. 4. THEODORE PARRISH ET AL - PRELIMINARY PLAN Planner Mary Scearbo made the presentation. located in Chapel Hill Township off Mt. Sinai Road. Toe s property is from a 10. 01 acre tract. A Class B private road is proposed toservepo the four lots. The property is zoned Rural Buffer and designated Rural Buffer in the Land Use Plan. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the preliminary plan for Theodore Parrish, Et Al with the following conditions: (1) That the plat indicate a 30-foot pedestrian and non-motorized vehicle easement, and (2) The Road Maintenance Agreement must state that if the Liddy Hart Heirs property (Chapel Hill, Tax Map 14, Lot 7A) or the M.D. Scott Heirs property (Chapel Hill, Tax Map 14, Lot 6) is subdivided, access will be provided to Running Green Road and the owners of the property in Theodore Parrish Subdivision will participate in the maintenance of Running Green Road to an approved higher standard, including NCDOT standards for paved roads. The motion also includes the acceptance of the dedication of the 0.34 acre tract referenced recreation and/or open space on the preliminary plan. The deed submitted to the County should include the recreation/open space area as well as the 30-foot pedestrian and non-motorized access easement extending from Running Green Road. VOTE: UNANIMOUS. 5. SETTER RUN, SECTION TWO - PRELIMINARY PLAN Planner Mary Scearbo made the presentation. The property is located in northern Cheeks Township on the south side of Harmony Church Road west of Efland-Cedar Grove Road. The property is zoned Agricultural Residential and Protected Watershed II. The Land Use Plan designation is also Agricultural-Residential. Ten lots are proposed which range in size from 2.86 acres to 18. 1 acres and will have individual wells and septic tanks. The Planning Board and County Administration recommends approval with four conditions. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the preliminary plan for Setter Run, Section Two with the following four conditions: (1) Restrict the use of Setter Lane to only the ten lots in Section Two; (2) Submit Restrictive Covenants and Road Maintenance Agreement for review and approval by the County Attorney; (3) Provide a note on the final plat regarding restricted use of the required Stream Buffer; and (4) Restrictive covenants to prevent further subdivision of the ten lots proposed, to preserve landscaping, and to provide VOTE: UNANIMOUppearance guidelines. 6. REQUEST FOR PARTIAL WIDTH RIGHT-OF-WAY - FRANCES S. HOWARD Mrs. Frances S. Howard and husband William requests approval for a 30 foot easement 413 .45 feet in length which would be connected to a 50 foot easement leading to a subdivision which will provide two lots for their sons. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the partial width right-of-way of 30 feet. VOTE: UNANIMOUS. 7. ADDITIONS TO OPEN SPACE TECHNICAL ADVISORY COMMITTEE -- Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the additional a Technical Advisory Committee. The appo en inteesare to Rogere Walden,SpRoy Williford, Mary Anne Black, Rocky Hall, Dolly Hunter, Minerva Kenyon and Phillip Sloane. VOTE: UNANIMOUS. 8. PETITION FOR ADDITION OF TALLYHO TRAIL, COURT IN FOX MEADOW SUBDIVISION, TO THE STATE MAINTAINED ROADOSYSTEM AND LAIR Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the addition of Tallyho Trail, Huntsman Court and Lair Court in the Fox Meadow Subdivision to the State-maintained secondary road system. VOTE: UNANIMOUS. 9. NCDOT TRANSPORTATION IMPROVEMENT PROGRAM (A copy of the TIP priorities for Carrboro and Chapel Hill is in the permanent agenda file in the Clerk's Office) . Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to authorize the Chair or her designee to attend the TIP meetin9 g and support the priorities as indicated by Chapel Hill, Carrboro and the County to include the connector from 15-501 to I-40 and the improvement to Lystra Road. VOTE: UNANIMOUS. 10. ORANGE COUNTY THOROUGHFARE PLAN SCHEDULE (A copy of the schedule is in the permanent agenda file in the Clerk's Office) Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the proposed schedule for developing a Thoroughfare Plan for Orange County as presented by NCDOT and approval of the Planning Department work plan for developing same. VOTE: UNANIMOUS. 11. ADVERTISEMENT - MAY 23 , 1988 PUBLIC HEARING (A copy of the advertisement is in the permanent agenda file in the Clerk's Office) . Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the legal notice and items for discussion for the regularly scheduled quarterly public hearing on May 23, 1988. VOTE: UNANIMOUS. 12 . JUNE 1, 1988 PUBLIC HEARING - JOINT PLANNING AREA. ORANGE COUNTY Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve June 1, 1988 as the Joint Planning public hearing date, contingent upon the approval of the Towns of Chapel Hill and Carrboro, and to approve the property owner notification form and its distribution to all persons previously notified. VOTE: UNANIMOUS. 13. ACCEPTANCE OF DEDICATION OF RECREATION/OPEN SPACE - TURTLE DOVE SUBDIVISION On September 8, 1987, the Board of County Commissioners approved the preliminary plan for Turtledove subdivision. Turtledove is located on the Old Greensboro Highway. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to approve the acceptance of the 0.253 acres dedicated to Orange County for recreation/open space and agreed with the Administration that the question of recreation areas and greenways in the Joint Planning Area shall be submitted to the Orange County Assembly of Local Governments for consideration. VOTE: UNANIMOUS. 14. ACCEPTANCE OF DEDICATION OF RECREATION/OPEN SPACE - FOX MEADOW SUBDIVISION On February 24, 1987, the Board of County Commissioners approved the preliminary plan for Section Four - Phase B Fox Meadow Subdivision. Fox Meadow is located off Rogers Road. The final plat was approved on April 18, 1988. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the acceptance of 5. 03 acres dedicated to Orange County for recreation/open space. VOTE: UNANIMOUS. 15. OWASA CHATHAM WATER AGREEMENT (A copy of Chapel Hill 's resolution is in the permanent agenda file in the Clerk's Office) . Chair Marshall summarized the discussion by the Chapel Hill 10 Town Council and the issues that they raised. Commissioner Hartwell commented on the verbiage in the contract whereby OWASA may provide water to Chatham at OWASA's discretion. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Manager's recommendation to support the proposal of Chapel Hill Town Manager David Taylor as cited in his resolution presented to Town Council April 25 that Chatham County, Orange County, Chapel Hill and Carrboro form an intergovernmental committee to look at this issue as well as other matters of mutual concern. VOTE: UNANIMOUS. 16. RESOLUTIONS AND/OR POLICY STATEMENTS FOR THE 1988 NCACC ANNUAL CONFERENCE No action was taken on this item. 17. BUDGET REVIEW (A copy of this calendar is in the permanent agenda file) . Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the budget review calendar for budget sessions to be held in June, 1988. VOTE: UNANIMOUS. H. APPOINTMENTS NONE EXECUTIVE SESSION Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to go into Executive Session to discuss a property matter. VOTE: UNANIMOUS. Motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to go back into regular session. VOTE: UNANIMOUS. I. ADJOURNMENT With no further items to be considered, motion was made by Commissioner Halkiotis, seconded by Commissioner Hartwell to adjourn the meeting. The next regular meeting will be held on May 17, 1988 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk