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HomeMy WebLinkAboutAgenda - 09-22-1987 1 APPROVED NOVEMBER 17, 1987. MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 22, 1987 The Orange County Board of Commissioners met in regular session on September 22, 1987 at 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Stephen Halkiotis, John Hartwell and Don Willhoit. BOARD MEMBER ABSENT: Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Management Analyst/Commission for Women Coordinator Andi Reynolds, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Director of Data Processing Keith Brooks, Social Services Director Marti Cook, Director of Housing and Community Development Tara Fikes, Purchasing Director Pam Jones, Director of Department on Aging Jerry Passmore, Economic Development Director Sylvia Price, and Data Processing Technician Jane Sparks. A. BOARD AND MANAGERS COMMENTS Chair Marshall added to the agenda a proclamation to proclaim October 4-10 as "National 4-H Week" . She made comments on the progress made in the Joint Planning meeting and a public hearing was tentatively set for October 14, 1987. Commissioner Halkiotis added an item to the agenda requesting a letter be sent to Duke Power for joint discussions on the possible use of refuse derived fuel (RDF) . B. AUDIENCE COMMENTS None. C. MINUTES Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for August 24, 1987 as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the minutes for September 8, 1987 as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley E. Marshall read the public charge. PUBLIC HEARING - COUNCILVILLE CDBG PROGRAM - CLOSEOUT Tara Fikes presented for receipt of citizen and Board comments a summarization of the closeout activities of the Councilville Community Development Program. All project activities proposed in the original grant application have been completed. She summarized the proposed accomplishments and the actual program results. THE PUBLIC HEARING WAS OPEN FOR COMMENTS. 2 STAN COUNCIL talked about the psychological impact of growing up in a community like Councilville without all the modern conveniences and the embarrassment when the Robins Wood Community was developed. He indicated he appreciated the improvements made to the area and that the money was well spent. The people now have a lot of pride in the community. BRENDA HARRIS who recently moved to the area asked about mail boxes and road names. Tara Fikes explained that the postmaster needs to be notified about the mail boxes and the street names should be decided by those who live in the community. These two items were referred to Albert Kittrell for follow-up. HELEN COUNCIL DAVIS indicated she recently returned to Councilville and was pleased with the changes that have taken place. She thanked the Board and stated that the changes do make a difference. She suggested for future projects that the building material be of a higher quality than that used for Councilville. She asked about the procedure for getting a sign for the entrance to Councilville and was told by Tara Fikes that the money allotted for Councilville could not be used for an entrance sign. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to (1) approve the Certification of Completion and authorize the Chair to sign on behalf of the Board and (2) authorize the Chair to sign a Certification of Public Hearing to include all comments received at this public hearing. VOTE: UNANIMOUS. NACO ACHIEVEMENT AWARD PRESENTATION Chair Marshall recognized and presented a certification of award to the County Departments that received NACo awards for 1987: 1. DEPARTMENT ON AGING Director of the Department on Aging Jerry Passmore accepted the award for the Volunteer Income Tax Assistance Program. 2 . COMMISSION FOR WOMEN Chair of the Commission for Women Miriam Saxon accepted the award for the Business Women's Roundtable. 3 . DATA PROCESSING Data Processing Technician Jane Sparks accepted the award for the Computerized Permit System. 4 . RECREATION AND PARKS DEPARTMENT Chair of the Recreation and Parks Advisory Council Lorraine Parker accepted the award for the Nature Enrichment Program in Orange County Schools. D. RESOLUTIONS OR PROCLAMATIONS 1. 4-H DAY Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to proclaim the week of October 4-10 as "National 4--H Week" in Orange County. The Proclamation is stated below: WHEREAS: Orange County's 4-H members and leaders are observing National 4-H Week, October 4-10, 1987, and WHEREAS: Four-H is an integral part of the U.S. Department of 3 Agriculture and the land-grant university system in each state. In North Carolina, the North Carolina Agricultural Extension Service, headquartered on the campuses of North Carolina State University and A & T State University, provides a professional leadership base for the 4-H program. Extension staffs in each county-professionals and paraprofessionals and adult and teen volunteers carry out the program at the local level. WHEREAS: 4-H members working with educational learn-by-doing projects put into practice new skills and science as they arrive "To Make the Best Better, " the motto of 4-H Club work; and WHEREAS: The citizenship and leadership training which 4-H members receive in this program is a valuable asset to our democratic way of life; now THEREFORE: We, the Orange County Board of Commissioners, County of Orange, do hereby proclaim October 4-10, 1987 as "NATIONAL 4-H WEEK" in Orange County, and urge all of our people to encourage and support the work of the 4-H Clubs. VOTE: UNANIMOUS. E. REPORTS 1. EMPLOYEE SMOKING SURVEY Albert Kittrell provided an update on the smoking survey. He explained the procedure that took place in developing the survey and how it will be distributed and analyzed. The results will be presented to the Board at the November 2 Board Meeting. 2 . CITIZEN COMMENT PROCEDURE Albert Kittrell reported on the development of a centralized internal tracking system for citizen comments. It is the responsibility of the department that receives the complaint to follow through by calling the appropriate department and obtaining the information desired by the complaintee. Commissioner Halkiotis asked that the form also be used for compliments as well as complaints. 3 . INFORMATION CARD A newly developed information card was distributed to the Board and its use explained. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis that the Consent Agenda be approved as follows: 1. RESPITE CARE BLOCK GRANT To approve the Respite Care Service Contract and authorize the Chair to sign. 2. TRANSPORTATION DRIVER PROVISION CONTRACT - OPCMH To approve the driver provision agreement with OPC Mental Health Center in which OPC-MHC would reimburse Orange County at $6.50 per hour for a contract period from October 1, 1987 through June 30, 1988. 3 . 1987-88 WORKPLAN FOR RE-MAPPING PROJECT (Copy is in the permanent agenda file in the Clerk's Office) To approve the 1987-88 workplan for the re-mapping project to complete Phase 3, explore GIS (computer mapping) as an option to future phases, and to purchase map reproduction equipment. 4 . BUDGET AMENDMENT - SOIL AND WATER To approve including the $12, 000 appropriation from USDA, Soil 4 Conservation Service, in the Orange Soil and Water Conservation District's 87-88 budget. 5. RENTAL REHABILITATION CONTRACT To approve the fiscal year 1986 Memorandum of Understanding and authorize the Chair to sign on behalf of the Board. 6. ECONOMIC DEVELOPMENT COMMISSION PRELIMINARY STUDY CONTRACT To approve the contract with Sarah Rubin to do a study for the Economic Development Commission at a cost of $5,000. 7. LEASE AND SUBLEASE APPROVAL - TOWN OF CHAPEL HILL FOR THE EMPLOYMENT SECURITY COMMISSION To approve the lease from October 1, 1987 through September 30, 1988 between the Town of Chapel Hill and the County and the sublease between the County and the Employment Security Commission and authorize the Chair to sign on behalf of the Board. 8. RESOLUTION FOR EARL WALKER ASSESSMENT (A complete signed copy is in the permanent agenda file in the Clerk's office) . To approve a resolution which will reduce the assessment for Mr. Earl Walker from $865.47 to $200.00 and authorize the Chair to sign. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. ENVIRONMENTAL AFFAIRS BOARD REPORT Bill Laws reported that in May, the EAB presented a report which outlined the needs which effect Orange County. Several of those items listed in the report have been completed while others are in the process of being finished. The Local Emergency Planning Committee has been appointed; the county appropriated $7, 000 in the 1987-88 budget for a comprehensive survey of natural resources in the County according to the guidelines of the North Carolina Natural Heritage program; the Orange County Planning Board is formulating alternative approaches for protecting and enhancing natural areas as identified in the survey into the Long Range Plan for the County; the Water Conservation Ordinance addressed the concerns for the management of the water of the Upper Eno River during drought conditions and the sediment and erosion control concern is being handled administratively with a report to the Board before January. Albert Kittrell requested that the EAB address the concern regarding the application of sludge and bring back a recommendation to the Board on April 1, 1988. Dave Moreau listed the items that need Board action: (1) The County Planning Department should be directed to identify areas of the County that are particularly sensitive to unplanned disposal of hazardous material. (2) The Commissioners should consider the adoption of an Ordinance requiring the posting of a performance bond of sufficient size to provide a reasonable guarantee that private wastewater package plants will continually satisfy their effluent limits. Would such an ordinance be legal and, if so, start the process for development of such an ordinance. (3) The Commissioners should direct the Health Department to conduct a sanitary survey of County watersheds in 1987 and repeat that survey at intervals not exceeding three years. (4) The County Commissioners should authorize the EAB to provide continuing oversight of the bi-county Solid Waste study and make recommendations, as appropriate, concerning the progress of the study and its findings. 5 (5) The County Commissioners should strongly urge U.N.C. to consider the use of Refuse Derived Fuel (RDF) in the new power plant planned for the Chapel Hill campus. (6) The Commissioners should continue the EAB indefinitely. Membership of the EAB should rotate through staggered three year terms with one third of the present membership being replaced annually, beginning July 1, 1988. The EAB should be directed to adopt by-laws governing the conduct of its meetings and the annual selection of its chair. In answer to a question from Commissioner Willhoit on the effectiveness of the process for sediment and erosion control, Moreau indicated that the study would include number of permits, number of notices for violations, number of trips per individual site, and other pertinent information. He stated that Orange County has one of the most stringent ordinances and also is experiencing growth. The ordinance will be reviewed by the EAB and a report will be given to the Board by December 31, 1987. Commissioner Willhoit commented that he wrote Gene Swecker, Plant Manager at UNC, about the use of RDF and that Swecker asked for the volume and type of material. The problem with using RDF in the boilers at the University is the lead time on the design that is necessary to accommodate this fuel. The design has been changed and there is still a possibility that something may be done to reopen talks with the University on the issue of RDF. Commissioner Halkiotis suggested, and the Board members concurred, that a letter be written to the University to request that talks be reopened and that RDF be explored further. Motion was made by Chair Marshall, seconded by Commissioner Halkiotis to continue the Environmental Affairs Board with members serving three year staggered terms and bylaws adopted, and to refer all other items mentioned above to the County Manager for further study. VOTE: UNANIMOUS. 2. COUNTY CAPITAL POLICIES Commissioner Willhoit disagreed with the logic of adopting policies on revenue allocations prior to reviewing revenue projections, estimates of the cost of the capital projects and the impact that the policies would have on funding alternatives. Chair Marshall stated it was important to set aside money and keep this money set aside for major expenses instead of spending the money elsewhere. By doing this, it is hoped that the County can create enough reserve to go pay-as-you-go. The policies have been formulated to give the administration some guidelines when doing the CIP. If the policy does not work, it can be changed. Commissioner Willhoit stated that the staff should be asked to present alternatives for funding the capital needs to the Board and then adopt policies necessary to implement the preferred plan. After a brief discussion and additional comments by members of the Board, motion was made by Commissioner Halkiotis, seconded by Chair Marshall to adopt the policy statement as stated below: 1. Eighty percent (80%) of the original half-cent sales tax revenue and sixty percent (60%) of the additional half-cent sales tax revenue shall be dedicated to school capital expenditures. Such expenditures shall be limited to acquisitions of or improvements to land, buildings, and equipment costing $50, 000 or more. Any year in which such 6 revenues exceed such expenditures, the excess shall be transferred to the School Capital Reserve Fund. 2. Twenty percent (20%) of the original half-cent sales tax revenue and forty percent (40%) of the additional half-cent sales tax revenue shall be limited to acquisitions of or improvements to land, buildings, and equipment costing $30, 000 or more. Any year in which such revenues exceed such expenditures, the excess shall be transferred to the County Capital Reserve Fund. 3. The School Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for school purposes costing $50,000 or more. 4. The County Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for county purposes costing $30, 000 or more. 5. A vehicle Capital Reserve Fund shall be established and used to accumulate funds for the acquisition of county vehicles. 6. Each year an amount equal to $800,000 minus the amount required for that year's debt service on school bonds issued prior to the 1987-88 fiscal year shall be appropriated in the General Fund budget and transferred to the School Capital Reserve Fund. 7. Debt incurred under the "two-thirds net debt reduction" rule shall be limited to instances where the health and safety of Orange County citizens are threatened. 8. The amount to be appropriated to each school system for recurring capital expenditures shall be $750,000. This appropriation shall be in effect for a period of at least five years and includes funds for roof repairs. 9. County capital expenditures with a cost of $30, 000 or more and a useful life of at least five years shall be considered capital projects and accounted for in capital project funds. 10. During each fiscal year, the Board shall adopt a Five-Year Capital Improvement Program. The Five-Year Program shall include anticipated county capital expenditures costing $30,000 or more and anticipated school capital expenditures costing $50, 000 or more, as well as available financing sources. The first year of the adopted Five-Year Capital Improvement Program shall be incorporated into the next annual operating budget recommended to the Board by the County Manager. VOTE: AYES, 3 ; NOES, 1 (Commissioner Willhoit) 3. SENIOR CITIZENS BOARD ORDINANCE AMENDMENT Jerry Passmore presented for consideration of approval an 7 amendment to the Ordinance which created the Orange County Senior Citizens Board. The amendment would change the name to County Advisory_ Board on Aginq and would increase the size of the Board to 15 members. After a brief discussion a motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the amendment to the Ordinance to change the name of the Senior Citizens Board to County Advisory Board on Aging and to increase the size of the Board to 12 members. VOTE: UNANIMOUS. 4. COMPUTER NEEDS FOR BOARD OF COMMISSIONERS' OFFICE Keith Brooks informed the Board of three alternatives for handling the computer needs in the Clerk's Office. After a brief discussion, motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve for the Clerk's Office the moving of all functions from the mainframe to microcomputers, retaining one CRT and the printer to use with the county-wide office automation system. VOTE: UNANIMOUS. ADDED ITEM REQUEST FOR ASSISTANCE FROM DUKE POWER COMPANY Commissioner Halkiotis suggested that a letter be sent to the local Duke Power Managers requesting their assistance in examining alternatives to the landfill operation in Orange County. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve writing such a letter to Duke Power. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: PRIVATE INDUSTRY COUNCIL - Dan Lunsford and Mildred Council were reappointed; Marti Cook was appointed replacing Phyllis Lotchin. HUMAN SERVICES ADVISORY COMMITTEE - Jim Garland was appointed replacing Horace Grant as the United Way Representative. COMMISSION FOR WOMEN - Marion Webb O'Malley and Ann M. Johnson were appointed. ECONOMIC DEVELOPMENT COMMISSION - James E. Gibson was appointed as the Chamber of Commerce representative. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - Randy Brantley was appointed. I. ADJOURNMENT With no further items to come before the Board, Chair Marshall adjourned the meeting at 9:35 p.m. The next regular meeting will be held on Monday, October 5, 1987 at 7: 30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, SEPTEMBER 22 , 1987 7: 30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. BOARD AND MANAGERS COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2 . Matters not on the Printed Agenda C. MINUTES PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that indivi- dual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PAGE # PUBLIC HEARING 002 *1. Councilville CDBG Program 007 *NACO ACHIEVEMENT AWARD PRESENTATION 1. Department on Aging 2. Commission for Women 3 . Planning Department 4. Recreation and Parks Department PAGE # D. RESOLUTIONS OR PROCLAMATIONS E. REPORTS 008 * 1. Employee Smoking Survey 0152. Citizen Comment Procedure 018 3. Information Card F. ITEMS FOR DECISION--CONSENT AGENDA Any item may be removed for separate consideration) Approval of Respite Care Block Grant 0332 . Transportation Driver Provision Contract with OPC Mental Health Center 0353 . Approval of 1987-88 Workplan for Re-mapping Pro- ject, completion of Phase 3 and GIS Exploration 037 *4. Budget Amendment--Soil and Water 0113 *5. Rental Rehabilitation Contract 050 *6. Economic Development Commission Preliminary Study Contract 070 *7 . Lease and Sublease Approval; Town of Chapel Hill; Employment Security Commission 082 *8. Resolution for Earl Walker Assessment G. ITEMS FOR DECISION--REGULAR AGENDA 083 *1. Environmental Affairs Board Report 088 *2 . County Capital Policies 091 *3 . Senior Citizens Ordinance Amendment--Department on Aging 098 *4. Computer Needs for Board of Commissioners' Office 101 H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. ry ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS it No. Cj ACTION AGENDA ITEM ABSTRACT MEETING DATE September 22, 1987 Subject: MINUTES Department: BOARD OF COMMISSIONERS f 1 Public Bearing: Yes X no f ! 1 • - Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, . 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: August 24, 1987 - Joint Public Hearing September 8, 1987 - Regular Meeting BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board' s proceedings. RECOMMENDATION: As the Board decides. 4 ORANGE COUNTY 002 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. ()Hi MEETING DATE September 22, 1987 SUBJECT: Councilville Community Development Block Grant Program *********************************************************************** DEPARTMENT: HOUSING/COMMUNITY DEVELOPMENT PUBLIC HEARING X YES NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: TARA FIXES Program Smeary EXT 425 Certificate of Completion PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To receive citizen and board comments prior to official closeout of the Councilville Community Development Program. BACKGROUND: In FY 1983, the County was awarded a Community Revitalization Grant in the amount of $687,000 for Community Development activities in the Councilville Community located in Southern Orange County. Presently, all project activities proposed in the original grant application have been completed. In order to complete the official grant closeout process, the Department of Natural Resources and Community Development (NRCD) requires that a public hearing be held prior to of- ficial closeout to assess the performance of the County in administering the grant program. Additionally the County is required to submit the following documents to NRCD. 1) Certificate of Completion 2) Certification of Public Hearing by the Chief Elected Official 3) Copy of the Final Audit Upon submission of the Certificate of Completion and the Certificate of Public Hearing, the grant may be closed contingent upon the receipt of the final audit. The program accomplishments are outlined in the attached Program Summary. All comments received during the hearing should be reviewed to determine the level of consistency with program goals. Additionally, all comments received shall be reported to NRCD along with the Public Hearing Certification. RECOMMENDATIONS: 1) Approve the Certification of Completion and authorize the Chair to sign on behalf of the Board. 2) Authorize the Chair to sign a Certification of Public Hearing to include all comments received at this public hearing. 0 0 3 COUNCILVILLE CDBG PROGRAM SUMMARY PROPOSED ACODI�L.I-_SEll�7 PROGRAM RESULTS ACQUISITION Acquire eight (8) Six (6) dilapidated dilapidated dwellings and dwellings and 196,800 196,800 square feet of square feet of Right-of Right-of-Way Way was acquired. *Two dilapidated dwellings were removed by the owner. TOTAL COST - $39,335 STREET IMPROVEMENTS 4,720 linear feet of road Road construction construction including has been completed clearance, grading, storm resulting in two (2) paved drainage system and road streets - Street A is approxi- paving mately .30 miles long and street B is approximately .45 miles long. TOTAL COST - $241,073 CLEARANCE Demolish eight (8) dilapidated Six (6) dilapidated dwellings dwellings and clear approximately were demolished and 1.5 acres of unburied refuse approximately 1.5 acres of unburied refuse cleared. TOTAL COST - $7,900 RELOCATION Relocate two (2) homeowners One (1) homeowners and five and 3 tenants from dilapidated (5) tenants were relocated to dwellings standard dwellings. *One homeowner moved out prior to beginning Community Development activities and two tenants moved into vacant units after Community Develop- ment work began. TOTAL COST - $34,970 REHABILITATION Rehabilitate nineteen (19) sub- Nineteen (19) substandard standard dwellings dwellings were rehabilitated to standard conditions accord- ing to HUD's Model Property Rehabilitation Standards TOTAL COST - $266,822 - 1 ADMINISTRATION 004 Provision of ongoing administration of program activities via County Staff TOTAL COST - $98, 103 1. Total Program Costs - $688,203 2. Total Program Income Applied to Program Costs - $ 1,203 3 . Total Grant Amount (No. 1 - No. 2) - $687,000 6. CERTIFICATE OF COMPLETION 1. NAME OF RECIPIENT 3. PROJECT NUMBER 005' County of Orange C-1 2. GRANT NUMBER 83—C-6654 4. PROJECT NAME Councilville 5. FINAL STATEMENT OF COST • TO BE COMPLETED BY RECIPIENT TO BE COMPLETED BY NRCD PROGRAM ACTIVITY CATEGORIES PAID UNPAID TOTAL COSTS APPROVED (a) COSTS COSTS (COL. b&c) TOTAL COSTS Activity _ (b) (c) (d) (e) a. Acquisition $ 39,335 b. Disposition $39/335 c. Public facilities & improvements (1) Senior & Handicapped centers (2) Parks, playgrounds & recreational facilities (3) Neighborhood facilities (4) Solid waste disposal facilities (5) Fire protection facilities & equipment - (6) Parking facilities • (7) Public utilities, other than water and sewer (8) Water and sewer improvements (9) Street improvements 241,073 241/073 (10) Flood & drainage improvements (11) Pedestrian improvements (12) Other public facilities d. Clearance activities 7,900 7/900 e. Public services f. Relocation assistance 34,970 34,970 g. Construction, rehabilitation and preservation activities - (1) Construction or rehabilitation of commercial and industrial bldgs. (2) Rehabilitation of privately owned dwellings 266,822 266,822 (3) Rehabilitation of publicly owned dwellings (4) Code enforcement (5) Historic preservation h. Development financing (1) Working capital (2) Machinery and equipment i. Removal of architectural barriers j. Other activities k. SUBTOTAL 590,000 590,000 I. Planning m.Administration 98,103 n. TOTAL — 98,103 o. Less: Program Income Applied to Program Costs 688,203 - 688,203 1,203 1,203 p. Equal: Grant Amount Applied to Program Costs 687,000 —687,000 6. COMPUTATION OF GRANT BALANCE TO BE TO BE • COMPLETED BY COMPLETED BY RECIPIENT NRCD DESCRIPTION APPROVED (a) AMOUNT AMOUNT _ (1) Grant Amount Applied to Program Costs (From Line p) I, Icl $6$7, (2) Estimated Amount for Unsettled Third-Party Claims 000 (3) Subtotal (4) Grant Amount 687,000 per Grant Agreement(s) 687,000 _ (5) Unutilized Grant to be Cancelled (Line 4-minus 3) (6) Grant Funds Received (7) Balance of Grant Payable (Line 3 - minus 6)* 6$7,000 *If Line 6 exceeds Line 3, enter the amount of the excess on Line 7 as a negative amount. This amount shall be repaid to — NRCD by check, unless NRCD has previously approved use of these funds (describe in block 8 below). CDBG#1 18 (3-84) 7. UNPAID COSTS & UNSETTLED THIRD-PARTY CLAIMS List any unpaid costs and unsettled third-party claims against the recipient's grant. Describe circumstances and amounts involved. N/A • 006 ❑ Check if continued on additional sheet and attach. 8. REMARKS 9. CERTIFICATION OF RECIPIENT It is hereby certified that all activities undertaken by the Recipient with funds provided under the grant agreement identified on page 1 hereof, have, to the best of my knowledge, been carried out in accordance with the grant agreement;that proper provision has been made by the Recipient for the payment of all unpaid costs and unsettled third-party claims identified on page 1 hereof; that the State of North Carolina is under no obligation to make any further payment to the Recipient under the grant agreement in excess of the amount identified on Line 7 hereof;and that every statement and amount set forth in this instrument is, to the best of my knowledge, true and correct as of this date. DATE TYPED NAME AND TITLE OF RECIPIENT'S SIGNATURE OF RECIPIENT'S AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE Shirley E. Marshall, Chair Orance County Board of Commissioners 10. NRCD APPROVAL This Certification of Completion is hereby approved.Therefore,I authorize cancellation of the unutilized contract commitment and related funds reservation and obligation of$ , less $ previously authorized for cancellation. (from Section 6, line 5, page 1) DATE TYPED NAME AND TITLE OF NRCD SIGNATURE OF NRCD AUTHORIZED OFFICIAL AUTHORIZED OFFICIAL CDBG#118 (3-84) 007 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: RECOGNITION OF 1987 (NACO) AWARD RECIPIENTS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S NONE OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To recognize and congratulate County departments that received NACo Awards for 1987. BACKGROUND: During 1986-87 Orange County initiated many enhancements to programs and activities. Four program descriptions were sub- mitted in the NACo Award competition. The NACo Achievement Awards Program, now in its 15th year, gives National recogni- tion to significant, innovative activities that improve the management or services of member counties. RECOMMENDATION(S) : Recognize the achievements of the following departments. 1. Commission for Women - "Business Women's Round Table Program" 2. Recreation and Parks - "Nature Enrichment Programs" 3 . Planning - "Computerized Permit System" 4. Aging - "Volunteer Income Tax Assistance Program" 008 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agult Item No. bp ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: EMPLOYEE SMOKING SURVEY UPDATE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 SURVEY TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To provide an update on Employee Smoking Survey. BACKGROUND: The Board of Commissioners heard a resolution from the Health and Medical Care Advisory in May requesting smoking be pro- hibited in all County buildings. The Board did not adopt the resolution, but requested a survey of County employees be undertaken. A survey on smoking was developed to gather information from County employees about various issues related to smoking at work. It was distributed to all permanent (part-time and full-time) County employees (398) as well as to those non-County employees who predominantly work in County buidings and offices (279) --a total of 677 people--on September 18. A final report to the Board is expected to be ready by November 2 . RECOMMENDATION(S) : No Board action requested. • 009 ORANGE COUNTY EMPLOYEE SURVEY About Smoking at Work • Check the Answer that Applies to You: 1. What is your current status of tobacco use? a. Never smoked b. Ex-smoker/currently use no tobacco products c. Current cigarette smoker d. Current pipe or cigar smoker e. Currently use only smokeless tobacco (chewing tobacco or snuff) f. Currently smoke cigarettes and pipes or cigars g. Currently smoke and dip or chew 2 . How much do you smoke on average daily? a. Non-smoker--not applicable b. Dip or chew tobacco only c. Smoke less than 1/2 pack per day d. Smoke 1/2 to 1 pack per day e. Smoke 2 packs per day f. Smoke 2 or more packs per day g. Smoke 1-2 cigars or pipes per day h. Smoke 2-3 cigars or pipes per day i. Smoke 4 or more cigars or pipes per day 3 . How often do you smoke at work on average? a. Non-smoker--not applicable b. Do not smoke at work c. Seldom smoke at work d. Occasionally smoke at work (not daily) e. Smoke 1-2 times a day at work f. Smoke 3-4 times a day at work g. Smoke more than 4 times a day at work 4 . Where do you usually smoke at work? a. Non-smoker--not applicable b. At my work station (desk, work area, office) c. In an employee lounge d. In the restrooms e. In the hallways f. Outdoors g. Other (ovER) Page 1 of 6 010 5. To what extent are you bothered by someone else smoking at work? a. Not at all b. Slightly c. Considerably d. It constitutes a health hazard for me 6. How often are you bothered by someone else smoking at work? a. Always b. Frequently c. Occasionally _ d. Seldom e. Never 7 . In what ways are you bothered by smoking? (Check as many as apply. ) a. Not at all b. Eye irritation c. Coughing d. Headaches e. Interferes with work performance (ex. must move to a smoke- free area to work) f. Concerned about long-term health effects g. Clothing and hair smell h. Allergy i. Asthma j . All of the above k. Some of the above 1. Other (specify) m. Odor 8. What is your opinion of a County smoking policy? Please rank the following on a scale of 1 to 6 with 1. being most acceptable and 6. being least acceptable. a. There should be no restrictions. b. There should be a total ban on smoking by employees and public alike in all County facilities. c. There should be a total ban on smoking by employees with public restricted to smoking in designated areas. d. There should be designated smoking and non-smoking areas for employees and public alike. 1) If smoking is allowed, smokeless ashtrays purchased at personal expense of smokers required Yes ^ No e. Smoking should be allowed in work areas if all co- workers agree, except in areas restricted for safety (elevators, around flammable or explosive materials, etc. ) , otherwise smoking prohibited. 1) If smoking is allowed, smokeless ashtrays purchased at personal expense of smokers required __ Yes — No (Question 8 is continued on the next page. ) Page 2 of 6 011 f. Smoking should be allowed in work areas if the majority of all co-workers sharing the workspace agree, except in areas restricted for safety (elevators, around flammable or explosive materials, etc. ) , otherwise smoking prohibited. 1) If smoking is allowed, smokeless ashtrays purchased at personal expense of smokers required — Yes ! No g. Other ideas? (Specify) 9. How would you prefer a policy regarding smoking be adopted? a. No opinion b. County wide c. By Department d. By division e. By immediate work area f. By Building g. Other (specify) 10. Should the County offer programs to employees to help them stop smoking voluntarily? a. Yes b. No c. Not Sure 11. If the County offered a voluntary program to help you stop smoking, would you attend? a. Non-Smoker, not applicable b. Yes c. No d. Not Sure 12 . If the County introduces a policy restricting smoking on County premises, how do you feel this would affect your smoking? (Choose only one) a. I 'm a non-smoker--if smoking allowed at all, I would seek employment elsewhere b. Not applicable--Do not smoke c. Would not affect my smoking d. I would probably smoke more away from work e. I would probably smoke less overall f. I might try to quit smoking g. I 'd consider getting a job where I can smoke at work h. Other (specify) (OVER) Page 3 of 6 012 13 . Which County Building do you predominantly work in? a. Old County Courthouse _ m. Old Agricultural Building b. New County Courthouse n. Jail c. Human Services Complex o. Child Support Office d. Public Works p. Economic Development e. Sheriff' s Office Office f. Tax and Records Office q. 911 Center g. Northside Center Complex r. Moody Building _ h. Planning/Agricultural Complex s. Carrboro Health Dept. i. Northern Recreation Center Office j . Calvander Recreation Center k. Efland Community Center 1. Central Recreation Center 14 . How many employees are in your immediate work area? a. 1-5 b. 6-10 c. More than 10 d. Varies 15. How many employees in your immediate work area smoke? a. None b. 1-5 c. 6-10 d. More than 10 e. Varies 16. Is the public allowed to smoke in your immediate work area? a. Yes b. No 17. To what extent are you bothered by the public smoking in your work areas? a. Not at all _ b. Slightly c. Considerably d. It constitutes a health hazard for me 18 . How often are you bothered by the public smoking in your work area? a. Always b. Frequently c. Occasionally d. Seldom e. Never Page 4 of 6 013 19 . How often are you bothered by the public smoking in your building? a. Always b. Frequently c. Occasionally d. Seldom e. Never 20. In what parts of the building are you bothered by the public smoking? (Check as many as apply) a. No smoking allowed b. Not bothered c. Restrooms d. Hallways e. Elevators f. Stairwells g. Lobbies h. Waiting Rooms i. Reception Areas _ j . Meeting Rooms k. Immediate work area 21. Are you. . . a. Male b. Female 22 . Please denote your race: a. Black b. Asian or Pacific Islander c. White d. American Indian or Alaskan Native e. Spanish Surnamed American f. Other (specify) 23 . What is your age? a. 18-25 b. 26-35 c. 36-55 d. Over 55 24 . Which of the following best describes your working environment: a. Predominantly closed, individual office b. Shared office/work area with limited public or visitor traffic c. Open work area with public and visitor traffic d. Predominantly outdoor/outside field work e. Varying work areas (combination field/office/clinic or other work areas) f. Other (specify) (OVER) Page 5 of 6 014 25. Do you supervise other employees? a. Yes b. No 26. Additional Comments: INSTRUCTIONS FOR RETURN: Please return to your department head by September 23rd. OR Return to a member of the smoking committee by September 23rd (see attached list) . OR Return to: Andi Reynolds (Interoffice mail) Manager' s Office (U.S. mail) 106 E. Margaret Lane Hillsborough, NC 27278 Thank you for your help. To contribute ideas and suggestions about smoking at work, or to ask questions, contact a member of the Smoking Survey Committee (list is attached) or call Andi Reynolds at ext. 556. Page 6 of 6 ORANGE COUNTY 015 BOARD OF COMMISSIONERS Action Agenda Item No. E . ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: CITIZEN COMMENT PROCEDURE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 CITIZEN COMMENT PROCEDURE CITIZEN COMMENT FORM TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To review citizen comment procedure. BACKGROUND: A standardized, centralized procedure to handle citizen com- ments--compliments, ideas, suggestions, concerns and com- plaints--has been established. This procedure facilitates County government's responsiveness to citizens and the Board of Commissioners. It also improves internal communications. A long term benefit is the collective information which can be used to analyze persistent trouble spots in County government. RECOMMENDATION(S) : No Board action requested. 016 STANDARD PROCEDURE COUNTY OF ORANGE SUBJECT: Citizen Comment Procedure PURPOSE: It is the purpose of the Citizen Comment Procedure to: Provide a formalized method of receiving, document- ing, and taking action on citizen comments; Promote County Government's responsiveness to citizens and the Board of Commissioners; and to -- Centralize information which can be used to analyze persistent concerns with services provided by the County. ORGANIZATIONS AFFECTED: All Departments and Divisions ADMINISTRATIVE POLICY: It is the administrative policy of Orange County to receive, document, and take action on citizen comments in a fair and expeditious manner. PROCEDURE: 1. Departments shall immediately attempt to resolve concerns or complaints of citizens regarding their departmental operation. 1.1 Documents the concern/complaint on the "Citizen Comment" form and disseminate as outlined. 1.2 Contact the citizen, by phone or in writing, regarding the status of the matter within 10 (ten) working days of first contact. 1. 3 If the complaint can not be resolved at the depart- mental level, notify the Manager' s Office. 1.4 The Department and Manager's Office shall maintain permanent record of the matter. 2 . Departments shall document citizen comments, such as compliments, ideas or suggestions, by completion of a "Citizen Comment" form and disseminate on the last workday of the month. 3 . Citizen comments received in the Manager's Office shall be routed to the appropriate department. VaTIZEN COMMENT, FORM ROUTE: CODE (See Below) 017 • TO: FROM: DATE: TO: FROM: - DATE:FROM: _DATE:� CITIZEN ~` Name ADDRESS Street City DAY/WORK pgOgE Zip Code HOME PHONE COMMENT (Attach and copy extra page(s) if necessary) PREVIOUS CONTACT ON THIS MATTER WITH Comm? NO YES WHEN? WITH WHOM? TAKEN BY Name Department DATE TIME ❑ In Person ❑ Phone ❑ Letter ❑ Commissioners Referral Ei Managers Referral TO a1 DATE CORRESPONDENCE AND OTHER BACKGROUND INFORMATION FIL1) WHERE DISPOSITION DATE INITIALS Revised 9/87 White Copy: Department Original Pink Copy: $es onse Yellow Copy: Citizen P Buff Ledger Copy: Manager COMMENT CODES 01 County Commissioners 02 Elections 14 Planning (Physical) _._03 _ -Electior.of Deeds 14A Erosion Control 20 Aging Senior,) 04 Soil & Water 14E Inspections 20A Senior Center 05 County M 15 Economic Development 20C RSVP.- 06 Countynel Manager i6 Social Services (Admire.) 20C Transportation 07 Finance 16A Income Maintenance 20D I & R 08 Purchasing 16B Services 21 Commission for Women 08A Central Services Division 16C Veteran 22 Sheriff (Admin.) 17 Public Health Affairs 09 Tax Supervisor 22A Patrol 09A Listing 17A Medical Health 22B Jail 09B Appraisal 17B Environmental 22C Investigation 17C Dental 22D ABC 09C Revaluation 23 Emergency 10 Land Records 17D Animal Control- g y Management Services (Admire.) 11 Tax Collector 18 Agriculture 23B Communications 12 Child Support 19 Recreation and Parks 23B Medical Services 13 Data Processing 23C Flight Program 24 Public Works (Admin.) 24A Buildings & Grounds 24B Sanitation 24C Motor Pool 25 Housing & Community Development ORANGE COUNTY 018 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No._E Meeting Date: SEPTEMBER 22, 1987 SUBJECT: INFORMATION CARD DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S (TO BE DISTRIBUTED AT MEETING) OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To review information card. BACKGROUND: A generic information card to enclose with routine citizen requests for information has been developed for use by all County departments. The card provides general phone numbers for the County and blank space to hand write a note to the citizen when sending out information. The back of the card lists emergency numbers and most-called County department extensions for citizens' use. The Manager's office is pursuing a more responsive mode to citizens, County personnel and the Commissioners. This infor- mation card is one mechanism among several to help foster better communication and information flow. RECOMMENDATION(S) : No Board action requested. MEW _ 1 019 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F ACTION AGENDA ITEM ABSTRACT Meeting Date: September 22 , 1987 SUBJECT: Approval of Respite Care Block Grant DEPARTMENT: PUBLIC HEARING: Yes X No Social Services/Aging ATTACHMENT(S) : INFORMATION CONTACT: Marti Pryor-Cook Contract with Jerry Passmore Triangle J Council of Governments TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane -- 227-2031 Durham - 688-7331 PURPOSE: To consider renewing a Respite Care Service contract with the Triangle J Council of Governments effective July 1, 1987 through June 30, 1988 in the amount of $4,081.00 BACKGROUND: If approved, the contract would provide funds to assist with short-term relief for caregivers of patients who are not covered by N.0 Medicaid eligibility standards. The respite care service would be coordinated by the Inter-department Case Management Team (Social Services/Aging) and in- home aides provided by the existing DSS Chore Program and the Home Health Agency. There is a local match of $510.00 to be provided in the existing DSS budget. Approximately, sixteen families will be served by this contract. RECOMMENDATION(S): Approve Respite Care Service Contract and authorize Chair to sign. 020 ORANGE COUNTY and TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR RESPITE CARE SERVICE THIS AGREEMENT, entered into as this 1st day of July, 1987, by and between Orange County , (hereinafter referred to as "Contractor" or Agency") and the Triangle J Council of Governments, (hereinafter referred to as "C0G"). W I T N E S S E T H THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking or project and referred to as the "Project") which is to be wholly or partially financed by a grant from the N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies"), said grant being a Contract for Respite Care Service (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. C 0 G hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2 Local Support. In accepting this contract providing for $ -0- of federal funds and $ 3,571 of the state funds, the Agency agrees to provide not less than $ 510 of acceptable non-federal cash and $ -0- acceptable in-kind contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" (or as described in FY 88 Area Plan) which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on or before June 30, 1988. 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in 021 Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of S3 .571 6. Progress Payments. Unless otherwise provided in Attachment "A", the Agency shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the Agency shall submit to COG an invoice for payment based on the unit cost reimbursement rate per service (as identified in Attachment "A") through the invoiced period. Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, C 0 G will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. 7. Documentation of Expenses. Agency shall maintain full and complete documentation of all expenses associated with performing the scope of work under this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by C 0 G). 8. Documentation of Service Recipents and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by C 0 G in a form which allows identification of the individual, without the written consent of the individual. It is understod and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of funds received from the North Carolina Division of Aging is reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, C 0 G may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to other contracts and services. 10. Change of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances: 022 - (a) Upon a showing by Agency that actual costs have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have increased due to a sudden increase in client load (e.g., due to a disaster event). The parties further agree that COG shall have the right to decrease the reimbursement rate under any circumstances which show that actual costs are less than projected; including, but not limited to, circumstances in which: (a) Overall costs of providing service are shown to be less than forecast in the Agency's original bid for this service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (9( X) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by C 0 G. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract activity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, C 0 G shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 023 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of C 0 G, nor shall such personnel have been employees of COG duirng any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of C 0 G. Further, Agency agrees that no one employed by C 0 G now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. 14. Approval of Subcontracts. None of the work of services to be performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. if such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. the Agency acknowledges that if the work or services to be performed under this contract is financed soley or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcon- tractors adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, C 0 G shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which C 0 G is required to report to the funding agency), in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by suh report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 17. Inspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. 18. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is 024 wholly or partially funded with Federal funds, the Comptroller General of the United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 19. Compliance with Requirements of the Concerned Funding Agency. The Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by C 0 G. C 0 G, its agents and employees, shall fully cooperate with the - Agency in the performance of the Agency's duties under this contract. 21- Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced in whole or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency or its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to C 0 G. This contract does not provide for the development of systems analysis products, models, electronic data processing systems, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle .] COG". The date (month and year) in which the document was prepared shall also be shown. 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract is any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of C 0 G, and if C 0 G shall notify the 025 Agency in writing that the Agency's contemplated action will not constitute a violation hereof, then the Agency shall be authorized to take a such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member or employee of COG, and no public official or any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested; nor shall any such officer, member or employee of COG, or public official of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 25. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract or to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or, national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. the Agency certifies that it presently has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non—discrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontractors for less than $10,000.00. (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as C 0 G or the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or 026 decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability. The Agency shall not assign, sublet or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all or part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fulfilling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/$50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefoe lead to termination of the Agreement by COG. The Agency shall hold COG harmless for any damages to the person or property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fulfill in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations or stipulations of this contract; or if services do not meet standards as set forth by N.C. Division of Aging; or if for nutrition service specifically, meals fail to follow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, C O G shall give the Agency written notice specifying such failure or violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure or remedy such failure or violation. If within such specified period the Agency shall cure or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure or remedy the same or to take such steps as foresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. In the event of such termination, all finished or unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liabilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. _ 027 32. Termination for Lack of Funds. In the event of prospective termination due to non—receipt of funds with which to carry out the provisions of this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Agency and COG have executed this Agreement as of the day first above written. AGENCY: BY: Chairman or Designated Official TRIANGLE J COUNCIL OF GOVERNMENTS: BY: Executive Director s ' cd h�d .i,ie<is. cr.e?tGt aaiv`eec rnr aentt h e 3.lro Act. c. r':jai t . "3-pr..044.,____/g- -A_____ -- r - ;'r:.,J County APPROVED AS TO LEGAL FORM: r''''-' I ,,,/,:9•._.- . / z, Counsel, Triangle Council of Governments 028 _ i -)`i RESPITE CARE SERVICE DEFINITION : A service which provides needed relief to care- givers of patients who cannot be left alone because of mental or physical problec :.and whose incomes preclude coverage under North Carolina's Medicaid eligibility standards. UNIT OF SERVICE: One ( 1 ) hour . SERVICE OBJECTIVES To provide relief time for unpaid caregivers who are caring for patients who require constant super- vision and who cannot be left alone either because of memory impairment or other problems that make them subject to wandering or make them dangerous to themselves or others , or because of physical immobility regardless of etiology , that renders them unsafe alone . These services are aimed toward preventing premature long-term institutionalization of the patient . PREFERRED TARGET GROUP; Caregivers of mentally or physically impaired adults (sixty years of age or older and/or their spouses ) at risk of institutionalization . SERVICE ACTIVITIES; Activities may include: 1 . Attendance and companion services for the patient in order to provide release time to the caregiver . 2 . Personal care services , including meal prepara- tion, to the patient of the caregiver . 3 . Patient assessment and care planning for the patient of the caregiver . 4 . Counseling and training in the caregiving role , including coping mechanisms and behavior modification techniques . 5 . Counseling in accessing available local , regional and state services . 6. Temporary placement of the patient in an adult day care , family care or domiciliary care facility . The above are limited to a maximum of forty-eight (48) hours of service per month per caretaker . Duration of the service period shall be unlimited for as long as the caretaker continues to qualify as a caretaker as defined by the service objective . LOCATION OF 029 SERVICE;. Any of these : 1 . Home of the patient 2 . Offices or training location of the service providing agency . 3 . Licensed domiciliary home , family care home , or adult day care facility . ASSESS TO SERVICE, Patient and/or caregiver may be referred by se] f, physician , family members, friend or other service provider . Referral accompanied by name , address, and phone number , if available , of applicant . DELIVERY CHARACTERISTXCS: . The specific services to be provided shall be determined by an appropriate professional staff member (e .g . , registered nurse , social worker , home economist , etc . ) . An appropriate in-home assessment shall be made and documented within ten ( 10 ) days of referral . . All contacts must be documented . . An emergency contact person identified and maintained on each participant. . A monitoring contact will be made at least quarterly to each service recipient during the period . STAFFING REOUJiEMENTS: . The provider shall assure supervision of all respite care workers . . All respite aides shall be at least eighteen ( 18 ) years of age and older. . Ability to follow oral and written instructions and keep necessary records . . Understanding of care of disabled , ill or convalescing people . . Staff assignments shall be determined by the level of care needed (e.g. , chore , homemaker , registered nurse) . . Assigned staff must have the appropriate training to provide services to a given client . PROHIBITED SERVJcE ACTIVITIES: . Accepting gifts . Lending or borrowing money or articles . Minor home repairs . Pet grooming . Yard maintenance . Heavy household cleaning (cleaning closets , washing walls ) 030 MINIMUM TRAINNN5 REQUIREMENTS, Shall include the following: Twenty (20 ) hours of training and/or orientation including the following : 1 . Orientation to respite care , 2 . Basic first aid 3 . Emergency response 4 . Human relationship skills a . Coping skills regarding disorientation and dementia b . Aging process c . Dealing with terminal illness d . Communication with caregiver _ .e . Leisure time with aged_ . 5. Routine, personal hygiene and meal preparation All staff, however, assigned to clients , shall have a basic orientation to respite . d O - 0 Ca 1 C h • I • 1 • • ■ I , • _-/ B n u OD ■ re Q1 e rr r-r . O 7 W u CO= ge o o g 43 c V4 • I • • 1 --'■ * I r � / 4 Cr C! 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N y Cl) <Pf 46 SA C dP n •� I 0 n m N e N - n n e+1 O► C' "'I ^i I �. y H 11iA U> N r l• >' �D tP w O N n '.\ C - m '"� en u 1 N N Z N.w "� m D' N n 0 - Aj 0, vs N a! vs N N Cl) _� z ) >4 N •'S.4 id Cr'C s H S w• 0 ,� ...6) 1 -,., 01 0 1 ili en E MO 4+ —IZ CCi ctrl o AI C/2 ti] o Q a�i U �n U 14 Fo L i a.. CD ❑ C 0 ■r G - in W -, c E .b 1. 3 E i t a E i t 4 2 E i t ; t 1 :r ..-4w �4 �n - • mod .r ]-p croi rGrLLi.Y �. 1 1 , , 34 • r ORANGE COUNTY 033 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. _2_ Meeting Date: September 22, 1987 SUBJECT: Transportation Driver Provision Contract with OPC Mental Health Center DEPARTMENT; Aging PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: J OPC Mental Health Center Contract Jerry M. Passmore, Ext. 280 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Request approval for driver provision agreement with OPC Mental Health Center who is part of the Orange County Transportation Plan (TDP) . OPC-MHC would reimburse Orange County at $6.50 per hour for established work schedule. Contract period would be • October 1, 1987 through June 30, 1988. BACKGROUND: The Orange CAI Program, administered by the Department on Aging, provides van drivers to transport Program clients. This agreement would maintain the coordinated use of certified drivers and shared use of CAT vehicles encouraged under the County Trans- portation Development Plan (TDP) . The Agreement would pay for the full cost of hirin a driver by the Depatment on Aging and provide additional revenues to cover other CAT transportation-related expenses. RECOMMENDATION(S): Approve contract and authorize Chair to sign. 034 Orange County C.A.T. Driver Agreement This agreement entered into this 1st. day of October, 1987 ,by and between the County of Orange on behalf of the Department on Aging , hereinafter referred to as the"County" and Orange-Person-Chatham Mental Health Center , Inc. on behalf of Children 's Learning Center hereinafter referred to as "OPCMH. The purpose of this agreement is to outline the conditions under which the County and OPCMHC will cooperatively provide human service transportation under the C.A.T. (Coordinated Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1 . To provide a certified driver for Children ' s Learning Center Southern Orange route Monday through Friday for daily pick-up and take home of clients between the hours of 7 : 15 - 9:00 a.m. and 2: 15 - 4:00 p.m. 2. To provide back-up drivers in case the regular driver is not available due to pre-arranged absences. 3. To employ a C.A.T. Transportation Supervisor to handle any problems and to assure there is a driver available. SPECIFIC RESPONSIBILITIES OF OPC MENTAL HEALTH CENTER 1. To reimburse Orange County at $6. 50 per hour for a three hour minimum each day of operation within 30 days after billing . 2. To provide and pay for specialized training in the areas of client behavior interaction techniques with clients/families, med- ical management including CPR and first aid training and, any other procedures specific to the Children' s Learning Center program and route. The term of this contract shall be from October 1 , 1987 through June 30, 1988. IN WITNESS WHEREOF, Orange County and Orange-Person-Chatham Mental Health Center, Inc. have executed the Agreement of the date first written above. County of Orange Orange-Person-Chatham Mental Health Center By: Chair or Designated Official By: Chair or Designated Official Date : Date: 035 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. • Meeting Date: September 22, 1987 SUBJECT: Approval of 1987-88 Workplan for Re-mapping Project, completion of DEPARTMENT: n' Central, Land Records PUBLIC HEARING: Yes • No • ATTACHMENT(S) : Memorandum INFORMATION CONTACT: Roscoe Reeve TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the 1987-88 workplan for the re-mapping project, and to issue a workplan letter to L Robert Kimball & Associates completing Phase 3 ; to explore GIS (computer mapping) as an alternative to the next mapping phase; and, to purchase additional map reproduction equipment . • • BACKGROUND: The completion of Phase 3 of the multi-year, multi-phased remapping project, will provide the orthophoto base maps of all the remaining County townships, and a complete orthophoto model of the County at 1" = 400 ' . All land records departments will participate in ' exploring and evaluating the option of computer mapping for the final re-mapping phases , with a resulting recommendation to the Board of Commissioners in early 1988 . The purpose would be to obtain accurate and usable map information for citizens and decision-makers . In addition, equipment will be purchased to provide the Land Records Office with the ability -to - develop map prints produced on its copier, which will be sold to citizens . Funds for the workplan will be provided by the County and by • a matching grant from the State of North Carolina . RECOMMENDATION(S) : Approve the 1987-88 Workplan (attached) to complete Phase 3, to explore GIS (computer mapping) as an option to future phases, and to purchase map repro- duction equipment. .nv flik.: 036 COUNTY of ORANGE CENTRAL LAND RECORDS OFFICE Roscoe E, Reeve Manager Patricia B. Smith Mapping Supervisor MEMORANDUM To: Orange County Board of Commissioners From: Roscoe E. Reeve, Land Records Manager.dt. Date : September 22, 1987 Subject : Approval of 1987-88 Workplan for Re-Mapping Project . In cooperation with the Contractor, we propose the following workplan and costs for this year, completing Phase 3 : Item Cost Analytical Aerial Triangulation $27 618 County Cost $27 , 618 Orthophoto Base Maps 65,408 65,408 GIS Exploration Fund 3 ,000 3,000 GIS Exploration Contingency Fund* 10,000 10,000 Diazo Copy Developer 2 ,000 2 ,000 Bond - -1 , 527 1 ,-52-7- Sub-Total $198;026 $108,026 Less State Grant (10, 000) Less Bond non-execution (1 ,527) Total: $96,499 The Board of Commissioners asked staff to explore and evaluate computer mapping as an option of the re-mapping project, and not have the County hire consultants . It is requested that the $10,000 that could be deducted from the map budget ($97 ,000) by receiving a grant from the State of North Carolina, be designated to a contingency fund for the GIS exploration, to supplement the $3,000 designated in the budget for that purpose . 208 South Cameron Street • Hillsborough, North Carolina 27278 Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 031 °t�ori Age nda O RANGE I IONERS Item No BOARD OF CO • ACTION AGENDA p e M AB S TgACpT Meeta q Date' September 22, 1987 SUS5EC T DEARe ST id: e� Amendment Soil and Wager pUBXIC 'BEARING: Yes.$ __lc_ 01 1- a No Orange Soil Conservation District INFORMATION CONTACT Charles Snipes/ ATTACENT`S, R Mike Washington PROPOSED DRAFT OF AGRE gMgNT B 1� ANGE TE EpYONEE AND USDA, SOIL CON58RVA SERVICE. yl l 11 h — bxt• 1 Meb ne - 2.20 31 Durhm 658-1 31 88 v at i on District's i stn i ct�s Conservation 8S Service ce (SCSI Soil and Water Cserva iil ct's '40-8 t° the the Orange from the tergln 1rvi F° To amend th appropriation in-office de REQUIRED by the t" pUgPOSE� a $12,000 t° make as a d prepare documen ding s county basis Budget by mployee on an hourly lands conduct analysis hire an of highly facts anon gather identification g nations- bmploYee d determinations.Act (ESA erodible lan for highly er u1re5 that d 85 req BACKGROUND• Food Security Act ° 1 °untY• The o' r X1 , of the be made in each provisions ovis'The Tit highly erodible lands nt the conservation will be provided more rapidly 'guidance and training farm in 0r8 supervision, g made on every approve be us be. p Sbeterminat'°ns must 0_ All plans must Determinations 199 b'1 �a uarY g ND ATI O N(S o include t e $12,000 appropriation from°m USDA, 'e Sof i and Waer Con istrict's '87-88 budget. v� • •i 111, DR f 038 COOPERATIVE AGREEMENT Agreement No. A-4532-41 between the O eft 6 E SOIL AND WATER CONSERVATION DISTRICT and the SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE This agreement is entered into this day of , 19 , by and between the Fishing Creek Soil and Water Conservation District (District) , and the United States of America, acting by and through the Soil Conservation Service, United States Department of Agriculture (Service) , to provide federal financial assistance to the District. I. Authority Food Security Act of 1985, 16 U.S.C. § 3801 et. seq. , and the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. § 590 a-f. This is a cooperative agreement as defined in the Federal Grant and Cooperative Agreement Act, 31 U.S.C. § 6301 et. seq. , and Office of Management and Budget Circular A-102. II. Purposes and Objectives Under the provisions of Title XII of the Food Security Act of 1985, the Service is assigned responsibility to make determinations relating to` identification of highly erodible lands and wetlands and to assist owners and operators with the development and implementation of conservation plans and systems. The District is a subdivision of state government empowered under state law to establish and administer a program of soil and water conservation. Under Title XII of the Food Security Act, conservation districts are assigned responsibility for approving conservation plans and systems. This agreement is intended to further the implementation of the Food Security Act. This agreement will (1) assist the District in gathering facts and in preparing documentation to form the basis for determinations of highly erodible land, wetlands, converted wetlands and minimal effects of wetland conversion and (2) assist the District in providing assistance to landowners and landusers in the development and implementation of conservation plans and systems. This assistance will more rapidly implement the conservation provisions of the Food Security Act of 1985. III.)e-The District Agrees to do the Following: A. To perform any or all of the following items of work as designated by the Service: 4 A • Page 2 of 5 039 g pages, Agreement No. A-4532--41 1. ether facts conduct anal sis and re are documentation to form the basis for hi:hly erodible land determine ions to be char•ed to a ante advances at the - - • WNW per determination. B. Perform Item of Work No. 1 as specified in the SCS National Manual for Assisting ASCS Cost Share Programs, SCS National Conservation Planning Manual, and the Field Office Technical Guide. In no case shall the District make any final dete Act, i.e. , sign off Highly tLe and Wetland Conservation Determination. All of the above ble Land reference materYa s are avai a e In all SCS field offices and the Service shall make them available upon request by the District. C. For accounting purposes, notify the Serv3Re money of items of work performed. Monitoring and reporting will be done pursuant to Attachment I of Office of Management and Budget Circular A--102. D. Comply will all of the provisions of Office of Management and Budget Circular A-102 and audit guidelines of Circular A-128, both of which may be amended from time to time and which are herein incorporated by reference. Copies of both of these documents will be provided to the District by the Service. B. Comply with the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, and other nondiscrimination statutes; namely, Section 504, Title IX, and the Age Discrimination Act of 1975, and in accordance with the regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or any agency thereof. F. Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. IV. The Service Agrees to do the Following: A. Provide technical supervision, guidance and training_as determined Ehe Service to be adequate to enable the District to carry out its responsibilities under this agreement. If the Service is unable to maintain such support, the District's requirements will be adjusted by mutual agreement. 040 Page 3 of 5 pages, Agreement No. A-4532-41 B. Advance assistance funds to the District pursuant to this agreement with requests submitted on Standard Form 270. Advances will be made to ediate disbursement needs on a monfhTy- asis. However, the Service may make disbursements at any time it Niermines it to be necessary to facilitate the purposes of this agreement. C. Upon notification of the completion of an item of work, the Service shall promptly review the performance of the District to determine if it has met the specifications for that item. Approval of such performance shall be required prior to such item f� being charged against assistance advances. It is Mutually Agreed: A. The total amount of assistance which may be provided to the District under this agreement is B. This agreement shall be effective on the date appearing in the first paragraph and shall continue in effec rou er 30, 1987. It may be renewed for subsequent fiscal years by an exchange of correspondence between the State onservationist acting for the Service and 17e C airman of„t_hp igtrict Board acting for the District. C. This agreement may be terminated by either party hereto by written notice to the other party at least 30 days in advance of the effective date of the termination. D. It is the intent of the Service to fulfill its obligations under this agreement. However, the Service cannot make commitments in excess of appropriated funds authorized by law or administratively made available. If the Service cannot fulfill its obligations because of lack of appropriated funds, this agreement will automatically terminate. E. In the event that this agreement is terminated for any reason, the financial obligations of the parties will be as set forth in Paragraph 3 of Office of Management and Budget Circular A-102, Attachment L. F. No member of, or delegate to, Congress, or resident commissioner after his election or appointment, and either before or after he has qualified, and no officer, agent, or employee of the government shall be admitted to any share or part of this agreement, or any benefit to arise therefrom. The provision herein with respect to the interest of members of, or delegates to, Congress, and resident commissioners shall not be construed to extend to any incorporated company where such agreement is made for" the general benefit of such incorporated company. 04.E Page 4 of 5 pages, Agreement No. A-4532-41 G. No officer, agent or employee of the District shall participate, rest y or indirectly. in any stork agreed tofu tip agreement on h-3-_ -5 -her r own land or on the land of any other officer, agent or employee of the District. H. Employees of the District shall not be considered federal employees for any purpose under this agreement. I. The District will cooperate, as appropriate, with the Service in the event of the appeal of any decision of the Service which is based upon any item of work performed by the District under this agreement. J. Any dispute between the District and the Service arising under this agreement that cannot be resolved at the District Conservationist level will be referre1 to the Area Conservationist. Unless reviewed by the State Conservationist, the Area Conservationist shall be the highest level for dispute resolution. If the dispute cannot be resolved at the Area Conservationist level, the State Conservationist, in consultation with the State Soil Conservation agency, may attempt to effect a resolution. It is agreed that this is not a contract subject to the Contract Disputes Act, 41 U.S.C. 601, et. seq. K. This agreement may be amended by the State Conservationist acting for the Service and by the Chairman of the District Board acting for the District. VI. Definitions A. All terms herein which are defined in the Food Security Act of 1985 and implementing regulations & CFR Parts 12, 614, 1940, 1941, 1943, 1945, and 1980 shall have the same definitions for purposes of this agreement. B. The term "Training" means providing opportunities to obtain the skills and knowledge needed to complete the agreed upon items of work. C. The term "Technical Supervision" means providing the day-to-day guidance needed and/or requested to carry out satisfactorily the items of work agreed upon in this agreement. D. The term "Conservation planning" means the gathering of information and preparation of materials for use in development of conservation plans, in conformity with the local SCS Service field office technical guide, for individuals or groups; and arranging for and conducting group conservation planning meetings. • 042 Page 5 of 5 pages, Agreement No. A-4532-41 E. The term "Determination" means a decision by the Service, under 7 CFR Part 12, on the identification of highly erodible lands, wetlands, converted wetlands, and whether the conversion of wetland for agricultural commodity production would have a minimal effect on the hydrological and biological aspect of wetland. ' -.. - - SOIL AND WATER CONSERVATION DISTRICT BY: TITLE: Chairman DATE: UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE BY: TITLE: State Conservationist DATE: t a• ' ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. J-S MEETING DATE September 22, 1987 SUBJECT: Rental Rehabilitation Agreement 043 **********************************************************desk*********** DEPARTMENT: HOUSING/COMMUNITY DEVELOPMENT PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: TARA FIXES Memorandum of Understanding - 1985 EXT 425 Memorandum of Understanding - 1986 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 *****************************************************UR*I********************* PURPOSE: To execute a FY1986 Memorandum of Understanding for the Rental Rehabilitation Program with the Town of Chapel Hill. BACKGROUND: The Town of Chapel has been administering the Rental Rehab Program (RRP) in Chapel Hill since 1985. At that time a Memorandum of Understanding was executed between the Town of Chapel Hill, the Orange County Housing and Community Development Department as the local Public Housing Authority (PHA) and the North Carolina Housing Finance Agency. (See Attached) At that time the Town was awarded $75,000 in Rental Rehab grant funds to provide matching rehabilitation funds for rental property owners. Presently, the Town of Chapel Hill has expended all Rental Rehab grant funds and has requested an additional $7,000 from the N.C. Housing Finance Agency (NCHFA) in order to complete two remaining units. N.C. Housing Finance Agency has approved this request for additional grant fLhds,however,since these funds are a part of the state's FY86 grant a FY86 Memorandum of Understanding must be executed. Although additional funds are being granted, no new Section 8 vouchers will be allocated to Orange County. Therefore, execution of this Memorandum will represent the County's commitment to continue to support the RRP to the extent of availability of previously received and unused Section 8 vouchers. This document has been forwarded to all required Orange County officials for review. RECOMMENDATION: Approve the execution of the FY86 Memorandum of Understanding and authorize the Chair to sign oibehalf of the Board. 0 4 4 MEMORANDUM OF UNDERSTANDING . RENTAL REHABILITATION PROGRAM 1986 BONUS ROUND ADDITIONAL FUNDING This Memorandum of Understanding (hereinafter referred to as the "Agreement") is between the Town of Chapel Hill (hereinafter referred to as the "City"), the Orange County Department of Housing and Community Development (hereinafter referred to as the "PHA") and the North Carolina Housing Finance Agency (hereinafter referred to as "NCHFA"). This Agreement sets forth the obligations of the parties in conducting the Rental Rehabilitation Program (hereinafter referred to as the "Program") having the primary goals described in the Notice entitled "Rental Rehabilitation Program; interim rule" published in Volume 49 No. 78 of the "Federal Register" at pages 16936 - 16957 April 20. 1984 (hereinafter referred to as the "Notice") . WHEREAS, the NCHFA is currently administering the Rental Rehabilitation Program for small cities in North Carolina; and WHEREAS, the United States Department of Housing and Urban Development (HUD) on September 25, 1986 submitted to the NCHFA notification of approval of the Program Description and the award of $714,000 in Rental Rehabilitation Program grant funds and an accompanying 142 Section 8 Housing Assistance Vouchers; and WHEREAS, the City submitted an application to the NCHFA requesting determination of eligibility to participate in the Program; and WHEREAS, the NCHFA has awarded to the City a Fiscal Year 1986 Rental Rehabili- tation Program Fund Reservation in the amount of $7,000 and, WHEREAS, the PHA administers the Section 8 Housing Assistance Payments Program for the City; and WHEREAS, the City has the administrative and legal capacity to locally administer the Program. NOW, THEREFORE, all parties hereby agree as follows: 1. Compliance with Federal Register Notice. The parties hereto agree to carry out the Rental Rehabilitation Program in a manner which conforms with the provisions of the Notice and all other applicable Federal and State laws. 2. Commitment of Public Funds. The City agrees that it will commit adequate local public funds for the local administration of the Program. The City represents that it currently has the amount of local public funds unconditionally available for such commitment. 3. Performance. The City agrees to carry out its Rental Rehabilitation Program in accordance with the schedule in its Program Design as submitted to and approved by the NCHFA. h A / 045 4. Tenant Assistance and Displacement. The City agrees to implement and operate its Program in accordance with its Tenant Assistance and Displacement Policy as submitted and approved by the NCHFA. 5. Affirmative Marketing. The City agrees to its Program in accordance with its AffirmativelMarketing Plan Bas submitted and approved by the NCHFA. 6. Agreements with Investor/Owner. The City agrees to enter into an agreement with each investor/owner receiving Program assistance which provides for a recapture of the Program assistance should the investor/owner convert the assisted project to condominiums, discriminate against prospective tenants on the basis of their receipt of or eligibility for public rental assistance programs or discriminate against prospective or existing tenants on the basis of their having (or proposing to have) a minor child or children living with them unless the assisted project is an elderly Agreement will constitute a lien against the assisted project. project. 7. Eligible Projects. The City may include a project in the Program if it meets all of the requirements of the Notice and any additional project eligibility requirements as outlined in the City's Program Design. 8. Provision of Information. The City agrees to provide the NCHFA with any data, information or assistance that the NCHFA deems necessary to allow the NCHFA to monitor and evaluate the Program including, but not limited to, information regarding rehabilitation financing and any relocation of tenants occupying the building prior to rehabilitation and the specific relocation measures used in each case. 9. Notice to PHA. The City agrees to give notice of the actual need for issuance ofhSectionw8nHousing days of Vouchers for the City's Program or the maximum feasible notice possible. This notice will state the number of Section 8 Certificates and/or Housing Vouchers needed and the Bedroom sizes. 10. Administration of Section 8 Assistance. The PHA agrees to administer the Section 8 Existing Housing Voucher Program funding provided by HUD for the City's Program in accordance with: a. Section 8 and other applicable laws; b. The regulations in 24 CFR Part 882; and c. Other HUD regulations and requirements including the Annual Contributions Contract (ACC) between HUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by HUD. 11. Tenant Certification. The PHA agrees, upon notice by the City of the projects approved for Rental Rehabilitation Program assistance, to determine the eligibility for Section 8 Assistance of the . a 046 families residing in the projects to be rehabilitated. The PHA further agrees to refer to the investor/owner of rehabilitated, vacant projects eligible Section 8 existing voucher holders for the initial occupancy of any vacant rehabilitated unit(s). 12. Technical Assistance. The North Carolina Housing Finance Agency agrees to provide to the City technical assistance to assist in designing and implementing an effective Program to the extent that the Agency determines feasible within statutory and budgetory limitations. City of Mayor Date _ Housing Authority Name Date Title NORTH CAROLINA HOUSING FINANCE AGENCY Name Date Title MEMORANDUM OF UNDERSTANDING 047 RENTAL REHABILITATION PROGRAM 1985 This Memorandum of Understanding (hereinafter referred to as the "Agreement") is between the Town of Chapel Hill (hereinafter referred to as the "City"), the Orange County Housing and Community Development Department Housing Authority (hereinafter referred to as the "PHA") and the North Carolina Housing Finance Agency (hereinafter referred to as "NCHFA") . This Agreement sets forth the obligations of the parties in conducting the Rental Rehabilitation Program (hereinafter referred to as the "Program") having the primary goals described in the Notice entitled "Rental Rehabilitation Program; interim rule" published in Volume 49 No. 78 of the "Federal Register" at pages 16936 - 16957 April 20, 1984 (hereinafter referred to as the "Notice") . WHEREAS, the NCHFA is currently administering the Rental Rehabilitation Program for small cities in North Carolina; and WHEREAS, the United States Department of Housing and Urban Development (HUD) on February 18, 1985 submitted to the NCHFA notification of approval of the Program Description and the award of x1,353,000 in Rental Rehabilitation Program grant funds and an accompanying 271 Section 8 Housing Assistance Vouchers; and WHEREAS, the City submitted an application to the NCHFA requesting determination of eligibility to participate in the Program; and WHEREAS, the local needs analysis or existing Housing Assistance Plan of the City supports the increased allocation of 15 units for the Section 8 Existing Housing Assistance Payments Program as evidenced in Exhibit A, which is hereto attached; and WHEREAS, the NCHFA has awarded to the City a Fiscal Year 1985 Rental Rehabilitation Program Fund Reservation in the amount of $75,000 and, upon availability, the use of 15 Section 8 Existing Housing Assistance; and WHEREAS, the PHA administers the Section 8 _Housing Assistance Payments Program for the City; and WHEREAS, the City has the administrative and legal capacity to locally administer the Program. NOW, THEREFORE, all parties hereby agree as follows: 1. Com liance with Federal Re ister Notice. The parties hereto agree to carry out the Rental Rehabilitation Program in a manner which conforms with the provisions of the Notice and all other applicable Federal and State laws. Z.�8Commitdient of Public Funds. The City agrees that it will commit adequate local public funds for the local administration of the Program. The City represents that it currently has the amount of local public funds unconditionally available for such commitment. 3. Performance. The City agrees to carry out its Rental Rehabilitation Program in accordance with the schedule in its Program Design as submitted to and approved by the NCHFA. 4. Tenant Assistance and Displacement. The City agrees to implement and operate their Program in accordance with their Tenant Assistance and Displacement Policy as submitted and approved by the NCHFA. 5. Affirmative Marketing. The City agrees to implement and operate their Program in accordance with their Affirmative Marketing Plan as submitted and approved by the NCHFA. 6. Agreements with Investor/Owner. The City agrees to enter into an agreement with each investor/owner receiving Program assistance which provides for a recapture of the Program assistance should the investor/owner convert the assisted project to condominiums, discriminate against prospective tenants on the basis of their receipt of or eligibility for public rental assistance programs or discriminate against prospective or existing tenants on the basis of their having (or propose to have) a minor child or children living with them unless the assisted project is an elderly project. This Agreement will be liened against the assisted project. 7. Eligible Projects. The City may include a project in the Program if it meets all of the requirements of the Notice and any additional project eleigibility requirements as outlined in the City's Program Design. 8. Provision of Information. The City agrees to provide the NCHFA with any data, information or assistance that the NCHFA deems necessary to allow the NCHFA to monitor and evaluate the Program including, but not limited to, information regarding rehabilitation • financing and any relocation of tenants occupying the building prior to rehabilitation and the specific relocation measures used in each case. 9. Notice to PHA. The City agrees to give the PHA 5 notice of the actual need for issuance of Section 0 8 Housing Vouchers for the City's Program or the maximum feasible notice possible. This notice will state the number of Section 8 Certificates and/or Housing Vouchers needed and the Bedroom sizes. 10. Administration of Section 8 Assistance. The PHA agrees to administer the Section 8 Existing Housing Voucher Program funding provided by HUD for the City's Program in accordance with: 049 a. Section 8 and other applicable laws; b. The regulations in 24 CFR Part 882; c. The Notice of Funding Availability for Section 8 Housing Vouchers and Certificates dated July 12, 1984; and d. Other HUD regulations and requirements including the Annual Contributions Contract (ACC) between HUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by HUD. 11. Tenant Certification. The PHA agrees, upon notice by the City of the projects approved for Rental Rehabilitation Program assistance, to determine the eligibility for Section 8 Assistance of the families residing in the projects to be rehabilitated. The PHA further agrees to furnish to the investor/owner of rehabilitated, vacant projects eligible Section 8 tenants for the initial occupancy of any vacant rehabilitated unit(s). 12. Technical Assistance. The North Carolina Housing Finance Agency agrees to provide to the City technical assistance to assist in designing and implementing an effective Program to the extent that the Agency determines feasible within statutory and budgetory limitations. City Applik 011: ir - I 4Z/s 5-- L or V° / Date nr ? r o ing Authority LAJJ)k-d 4/4 * Name Date CA1A.r Title NORTH CAROLINA HOUSING FINANCE AGENCY Name GJ Date Title ORANGE COUNTY BOARD OF COMMISSIONERS 050 Action Agenda Item No. F ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: EDC Preliminary Study-Contract with Sarah Rubin DEPARTMENT: PUBLIC HEARING: Yes X No ECONOMIC DEVELOPMENT ATTACHMENT(S): INFORMATION CONTACT: Sylvia Price Contract with Sarah Rubin TELEPHONE NUMBER: Proposal from Sarah Rubin, as amended Hillsborough - 732-8181 Ext. 279 September 2, 1987 Chapel Hill - 968-4501 Proposed EDC Preliminary Study, approved Mebane - 227-2031 by BOCC on May 4, 1987 Durham - 688-7331 PURPOSE: The EDC wishes to engage Sarah Rubin, consultant, to carry out the EDC Preliminary Study on a contractural basis. The attached contract specifies the terms and conditions, performance schedule and financial obligations for the services provided. The proposal from Sarah Rubin, which will become a part of the contract, specifies the work which will be undertaken by the consultant. BACKGROUND: The EDC in 1987 developed a proposal for a preliminary study, which would help to develop a more explicit, operational definition of "economic development" (ED), the structure of an eventual ED plan, and to identify models, policy guidelines/ methods, and data required to make an ED plan realistic, effective and operational. The results of the study will be available as an input into the on-going work of the Planning Board and staff to update the Land Use Plan, and to prepare an enhanced comprehensive plan, which would have economic development as one of its elements. The proposed preliminary study was submitted to the BOCC, and at its meeting on May 4, 1987, the Commissioners approved: 1) in concept the development of a comprehensive ED plan for Orange County; and 2) the preliminary study with funding of $5,000. Following approval and funding by the BOCC, the EDC sought proposals from four consultancy groups, and received proposals from two of them. Both were subsequently interviewed, and a decision was made to recommend that Sarah Rubin be contracted to carry out the study, subject to clarifications in her proposal. The amended proposal, dated September 2, 1987, incorporates the clarifications desired by the EDC. RECOMMENDATION(S): Approve the contract with Sarah Rubin and authorize Chair to sign. 051 Proposal to Orange County Economic Development Commission for Preliminary Economic Development Study Submitted by: Sarah Rubin Route 1 , Box 2V1-F Durham, NC 27705 (919)967-4855 June 30, 1987 Revised: September 2, 1987 052 I. INTRODUCTION Now is an advantageous time for Orange County to plan for economic development. Economic development can help the county expand its tax base to support public services for the growing population, as well as creating more and better jobs for current residents and stimulating locally-owned enterprises and small businesses. Careful planning will enable the county to preserve the unique attributes that make it such a desirable place to live, while insuring that sufficient land is available for economic development. II. APPROACH This study will seek answers to the four questions posed in the Board of Commissioners May 4 resolution. We will review published materials and as necessary consult with national organizations (and their local members) such as the National League of Cities, National Association of Towns and Townships, National Association of Counties, and National Council for Urban Economic Development, to see how other local governments have dealt with the questions facing Orange County. We will make use of materials in the University of North Carolina 's Department of City and Regional Planning library, Institute of Government, and main library, including: standard planning references and economic development texts; journals; economic development materials published by the Urban Land Institute and other organizations; economic development plans prepared by cities, counties, and regional agencies; U. S. Census and North Carolina statistical reports. We will also consult experts at UNC, particularly the Department of City and Regional Planning, as needed during the course of the study. Specifically, our approach to each of the four questions is as follows: QUESTION 1: SUGGEST ALTERNATIVE DEFINITIONS OF ECONOMIC DEVELOPMENT An operational definition of economic development must emerge from a consensus on economic development goals and objectives for the county. Acceptance of a general set of goats can lead to agreement on more specific ob lec t ives, which can begin to define the kInds_ of _development the county seeks. That, in turn, can help paint a picture of what economic development will mean for the county in physical , or land use, terms. The process of establishing goals and objectives and defining the kind of development the county seeks (i . e. rnm- - 053 setting strategies) will undoubtedly be a lengthy one, which will occur when the county develops its economic development plan. The present study, however, can begin the process by presenting a framework for arriving at objectives and sketching out scenarios that would result from some of the alternative objectives. The scenarios will be useful to the EDC in educating the public about what economic development can mean for the county, and will also be helpful in focusing the research in Section 3 of this study. The Resolution of December 1982 which created the EDC cites three "problems of economic development in Orange County, " which could be restated as goals: reduce underemployment, strengthen the tax base, and improve the geographic distribution of job opportunities. " The Resolution also lists four factors to consider in defining types of development that will best serve the public interest: rate, type, location, and balance. These considerations can help generate economic development objectives, by asking, for instance: * What balance should be sought between start-ups. expansions, and recruited firms? How many of each would the county like to see, and how soon? * What sectors of the economy would the county like to see expanded -- manufacturing, retail, wholesale, services, agriculture, etc. . CAn objective might be "to increase retail sales in the county so the ratio of sales:population equals the state average" ] * What mix of small , medium, and large businesses is seen as most desirable? * What types of jobs are needed, in terms of skills, occupations, and wage level? [Objectives might be "to create jobs for displaced textile workers in Northern Orange, " or "to create entry level jobs with opportunities for advancement for the county ' s high school and college graduates. " ] * In which areas of the county is development most needed? What kinds of development are best suited to different areas of the county? We will prepare a discussion paper proposing an operational definition of economic development. The paper will begin with the three goals (and any others suggested by the EDC) , and will present a list of possible objectives that address those goals. It will then sketch out what kinds of economic development would meet each objective -- e. g. neighborhood or regional shopping center's, office complexes, large or small manufacturing plants, new business start-ups, etc. Each scenario will have specific 054 implications for land use and infrastructure. More detailed specification of these scenarios and their implications will undoubtedly occur when the county begins developing a full-blown economic development plan. QUESTION 2: EXAMINE THE FEASIBILITY AND STRUCTURE OF A COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN FOR ORANGE COUNTY Because local economies are so interconnected, comprehensive economic development planning is more feasible for counties than for individual towns, more feasible for regions than for individual counties. Therefore, if Orange County seeks to develop a comprehensive plan it makes sense to do so as a joint effort between the county and its municipalities. Whether the county and its four towns can agree on a joint plan is a policital question beyond the scope of this study. The study can, however, offer models for how to structure a joint plan, based on the numerous examples of regional and county-wide plans from around the country. We will use library sources and national organizations (as necessary) to identify examples of economic development plans prepared for other local governments and regions, looking especially for situations that resemble Orange County ' s in terms of the economic climate or the array of political jurisdictions. We will comment on the plans ' scope, main features, and a.p._Pl icalb_i 1_i_ty__to,..,Orange County. Where possible, we will provide information on the process by which the plan was developed, including: -- Who developed the plan? A planning department or other agency? Were consultants involved= -- How was consensus reached? Does the plan have legal status? -- How were other local jurisdictions involved in the planning process, and how are they included in the plan? -- How long did it take to develop the plan? -- For how long has in been operational? What effect has it had? 055 QUESTION 3: SEEK FORMULAS OR MODELS TO INTRODUCE ECONOMIC DEVELOPMENT CONCERNS INTO THE LAND USE PLANNING PROCESS 3a. Relationship between population growth and need and _private services.- The tremendous growth in residential development which is already occuring and is expected to accelerate in Orange County will clearly increase the need for public services. The need for expansion of various services will depend on factors such as household size and residential density. After reviewing research in this area, we will propose formulas to predict the change in demand for schools, pubic safety, parks and recreation, transportation, water and sewer, and other government services. The demand for private sector services is harder to project because the county 's economy is not self-contained. New households may require a predictable volume of certain public services, but their private sector-related activities (shopping, entertainment, health care, and others) will not necessarily occur within the county. Thus a model developed for a region or metro area would yield inaccurate results if applied to Orange County. The most useful kind of model would be one that could predict a range of demand based on different assumptions about consumers - behavior. We will survey the relevant research for formulas or models applicable to Orange County s situation. We will also take into account objectives ( identified in the Definition section) that call for increased retail sales and services in the county. 3b. Economic development acres as a function of residential acres The amount of land that the county should set aside for economic development depends largely on the county 's overall goals and priorities: the sort of residential environment the county wishes to maintain; the degree to which business development is needed to strengthen the tax base; and the perceived importance of creating employment opportunities close to home for county residents. These considerations will determine the enthusiasm with which the county encourages new service and retail businesses to meet the growing consumer demand. The same considerations will determine the county s receptivity to new "base employment, " including manufacturing, wholesale trade, and services to businesses i .e. any establishments not supported primarily by the demand from local households. The latter create jobs and contribute to the tax base but are not primarily a function of residential growth. 056 In seeking models to guide the county in setting aside land for economic development, we would consider household- generated service and retail businesses separately from "base employment. " For the former, we will look for formulas that can translate the findings from "a" above into acres. It is less meaningful to project base employment as a +unction of residential development, but we can provide average ratios between acres of manufacturing and other "base employment" ) and population. We can also use formulas that estimate jobs per acre for different kinds of business and industry, to predict how much land would be required for the various economic development scenarios to be identified above in the Definition section. 3c. Estimate the effect of economic development_ on__ county revenue By contributing to the county ' s property tax and sales tax revenue, business and industry can help offset the public cost of residential development. However, business development also incurs costs to the county in increased demand for public services and infrastructure. Some types of business and industry generate more tax revenue than others, and some incur more costs than others. Estimates of expected benefits from economic development should be readily available; estimates of projected costs may be harder to find. We will review the research in this area to seek guidelines for calculating the cost and benefit to the county of various types of business and industry. 3d. How far from residential areas should businesses be located? The question of where businesses should be located in order to protect the residential environment is an issue that depends heavily on the county 's goals and values on what sort of residential environment is desired in different parts of the county. However, we will seek relevant rules of thumb from the planning literature. QUESTION 4: ASSESS DATA NECEESSARY TO UTILIZE FORMULAS AND MODELS After assembling suggested formulas and models in #3 above, we will determine the specific data needed to utilize the formulas, 057 III . PRODUCTS We will produce a written report addressing the four questions in the Board of Commissioners resolution. The report will include a bibliography of reference materials. We will also make an oral presentation to the EDC and/or the project steering committee when the study is complete. In addition, midway through the project we will draft a discussion paper on alternative definitions of economic development. If EDC members so desire, we will participate in a discussion of alternative definitions. IV. REWIRED INPUT FROM COUNTY OFFICIALS AND STAFF We request the following from the EDC director: -- periodic discussions as questions arise during the course of the research; -- assistance in scheduling the roundtable discussion, if EDC members feel such a discussion would be fruitful; -- review and comment on a draft of the report before it is finalized; -- photocopying of the final report (consultant will provide two copies. ) V. WORK PLAN AND STAFFING The primary consultant will be Sarah Rubin, who has ten years experience in research and planning related to economic development and employment. (See attached resume. ) She will be responsible for the planning, management, and completion of all work. Ms. Rubin has lived in Orange County for six years. She will hire an assistanct, subject to approval by Sylvia Price. The work will occur between October 1 , 1987 and January 14, 1988, and will proceed as follows: 1 . Definition of Economic Development ** Library research ** Draft discussion paper on alternative definitions ** Roundtable discussion (optional ) 058 2.__....Str uctur n3 ?__.Comprehensive Plan ** Library research -- texts, journals, examples of plans on file ** Contact national organizations and local governments, as necessary, for more information ** Analyze materials ' applicability to Orange County 3. Formu l as and Models ** Library research -- texts, journals, etc. ** Analyze materials applicability to Orange County 4. Data Needs ** Assess what data is needed to utilize suggested formulas 5_m_..Final..._Report and Oral Presentation ** Draft report ** Receive comments from EDC director and finalize report ** Make oral presentation VI . BUDGET 25 days @ $200/day = $5000.00 059 SARAH IUBIN • Route 1.Box 201-F Durham,NC 27705 (919)967-4855 EDUCATION Master of City and Regional Planning (1977).Harvard University,Cambridge. MA. Areas a Specialization. Economic and Community Development Boners..Department Scholar,Best Workshop Award Bachelor of Arts,Psychology(1972).Oberlin College,Oberlin,Ohio. Honors'Dean's List EXPERIENCE ECONOMIC DEVELOPMENT CONSULTANT(1985- present) Conducted research on rural economic development strategies as part of MDC's Shadows in the Sunbelt study. Designed study, reviewed literature, conducted telephone interviews, co- authored report cataloging and assessing innovative economic development approaches. Participated in Southern Growth Policies Board's analysis of changing employment patterns in the nonmetro South.Designed study.analyzed data, co-authored report(After the Factories) Currently conducting survey of rural development resources and activities for the new N. C. Rural Economic Development Center. RESEARCH ASSOCIATE(1979- 84) MDC, Inc. Chapel Hill,North Carolina Managed and participated in numerous studies related to economic development and employment and training. Responsibilities included research design, conducting interviews, analyzing data,supervising staff,writing reports. Among the projects were the following: •Rural Lab, a national study of state and local economic development strategies. •Monitoring and assessment of efforts to establish the Local Initiatives Support Corporation progam (an innovative approach to community economic development)in eastern North Carolina. •Study of the economic status of women in the rural South. •Staff to Southern Education Foundation Task force on "Linking Post- Secondary Education and Economic Development". •Staff to Governor Hunt's Blue Ribbon Commission seeking to establish a rural development center in North Carolina. •Technical assistance to South Carolina community colleges in training women for nontraditional occupations •Monitoring and assessment of numerous state and national demonstration employment and training programs. 060 COMMUNITY DEVELOPMENT SUPERVISOR/SPECIALIST(1978-79) Massachusetts State Employment and Training Council,Boston,MA. Responsible for community development efforts of innovative state agency. Supervised five- person unit with responsibility for technical assistance, grant management, and policy development. Advised local governments and community organizations on use of CETA for economic development, energy conservation, and housing rehabilitation. Produced written materials and workshops; negotiated with state and federal agencies to facilitate local program implementation. Developed CETA Job Creation concept and administered innovative Governor's grant program to assist community-based enterprise development. FIELD REPRESENTATIVE (1974-75) Kentucky Commission on Human Rights,Louisville. KY. Served as liaison between state agency and local civil rights groups in eight towns. Helped local groups plan strategies; analyzed local government compliance with public housing and school desegregation;negotiated with local officials. VISTA VOLUNTEER (1973-74) Louisville-Jefferson County Community Action Commission, Louisville,KY. Organized and managed inner-city food cooperative; obtained grant to establish co-op warehouse: conducted workshops on consumer problems,nutrition,and co-ops. REFERENCES . Available upon request. 061 PUBLICATIONS Broadening.......---- . .. the Baif Economic-.....Development: __New Approaches for Fen with Linda Shaw, MDC, Chapel Hill , April Rural ... ',...__. ......w.7 ._. .,.. .1..._.. ...."....._-..:_........._---__9.,....__9_.._Emp 1o.Ym... Edward Bergman, the_.- Factories. Chan. in South with Stuart Rosenfeld and d...._,._._. ...._...__. _..rg_....._...._...—.... en F'attsr°ns in the Southern Growth Policies Board, Research Triangle Park, December 1985. "A Grassroots Development Strategy with Local Development Perspectives. U. S. Dept. of Agriculture, RJune".....198elopment ..._.... . 985. I ...._.an d....Econom,ic_....Developmenti_n Eastern North....Car'of naF... First_.....Year..._.Report, MDC, Chapel Hill , July 1984. Women ._...... ._....N ......_...._...............p i ;.... What the 198ca 3 Ceneus�Tells N�nmcor'author anMDCUtChapel Hill , 198.�. ..._ "New Strategies for Rural Economic Development, " with Emil Malizia, in Carolina Planning, vol .8, no. 1 , summer 1982. An Link xpandestRolee o for The Southern_ Education Foundation ..._in olndary Education and Economic Development, co-author, Southern Education Foundation, Atlanta, 1982. "The Folks Next Door: North Carolina 's Seafood Industrial Park at Wanchese, " with Jennifer Miller, Southern Exposure, vol . X, no. 3, May/June, 1982. Facilitator 's, ..._ � p '.._s....Role....i Collaborative. Rural Developmente ,.....The arthGrlina Rua E m�loyment Lab oatory, co-author, MDC, Chapel Hill , 1981. Concept State Employment Paper r'..,_aCETA-_Job Creation Program, Massachusetts and Training Council , Boston, 1978. CE TA Opportunities in Food and Agr i_cu i turre, co-author, ibid. CETA _and Energy Conservation, co--author, ibid. CETA.--_and.....Housing Rehabilitation, co-author, ibid. 4121"9 .40 CORRECTED 16 SEPTEMBER 1987 062 !�''' This agreement, made and entered into this 22nd day of September , 1987 , by and between the County of Orange, North Carolina, hereinafter referred to as COUNTY. and Sarah Rubin, hereinafter called the CONSULTANT. Witnesseth WHEREAS the COUNTY intends to develop a plan for future economic development in Orange County. NOW. THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereto have contracted and agreed as follows: I. SCOPE OF WORK 1. The scope of work is a study intended to provide a basis for a future comprehensive economic development plan. The work is detailed in the attached proposal, which was submitted June 30, 1987 and revised September 2, 1987. 2. The study will include all necessary research and the preparation of: A. A discussion paper proposing an operational definition of economic development; 'I, 063 2 B. A draft and final report addressing questions posed by the Board of Commissioners and the Economic Development Commission, as referenced in the original proposal. II. SCHEDULE OF PERFORMANCE The CONSULTANT shall accomplish the work defined in Section I on the following schedule: On or before November 6, 1987 shall deliver to the Economic Development Director a discussion paper proposing an opera- tional definition of economic development; At the discretion of the Economic Development Commission, the CONSULTANT shall participate in a discussion of the paper. On or before December 31, 1987 the CONSULTANT shall deliver to the Economic Development Director, one copy of the draft final report; On or before January 14, 1988 the CONSULTANT shall deliver to the Economic Development Director two (2) copies of the final report; D iP, ref 3 064 On January 14, 1988, the CONSULTANT shall make a presentation of the final report to the Economic Development Commission. III. COMPENSATION The total contract price is five thousand dollars ($5,000) . Payment shall be made on the following basis: $500 (10%) at contract inception to be paid no later than October 1, 1987. $1,000 (20%) following acceptance of discussion paper on the definition of economic development, to be paid no later than November 10, 1987 . $3,000 (60%) following acceptance of draft final report; to be paid no later than January 5, 1988 . $500 (10%) following presentation of final report to the Economic Development Commission; to be paid ,no later than January 16, 1988 . • CONSULTANT will submit invoices for completed work at each of the four benchmarks listed above. Payment will not be made without invoice. lb , r. : 065 � 4 IV. TERMINATION OF AGREEMENT The COUNTY, by seven (7) days written notice, deliverable in person or by certified or registered mail to the CONSULTANT, may terminate this agreement, in whole or in part, when it is in the best interest of the COUNTY. In the event of termination as herein provided, the CONSULTANT shall be paid compensation for work performed to termination date. V. WHOLE AGREEMENT This agreement and the proposal submitted by the CONSULTANT, a copy of which is attached hereto and made a part hereof shall constitute the whole contract between the parties. IN WITNESS WHEREOF, the COUNTY and the CONSULTANT have caused this instrument to be executed as of the day and year first above written. County of Orange, North Carolina Shirley E. Marshall, Chair Orange County Board of Commissioners Sarah Rubin This instrument has be preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Gordon Baker, Finance Director For Submission to the Orange County Board of Commissioners, 4 May 1987 066 PROPOSED EDC PRELIMINARY STUDY It is believed that an overall and comprehensive plan for economic growth and development for Orange County is necessary if the Economic Development Commission is to fulfill its charge. This charge, which is part of the Resolution dated December 14, 1982, specifically states: "it is deemed desirable to achieve the goal of increased economic development through clear and effective strategies and policies which stimulate development of an appropriate rate, type, location and balance to serve the public interest"; and that the Economic Development Commission shall "carry out an economic development program for all portions of the County and its encom— passed municipalities." Currently, there is considerable misunderstanding in the Country as to what constitutes economic growth and development, and it is further believed that there are factors within the infrastructure and operating procedures at both the County and the municipal Levels that are inhibitors to proper growth and development. Since it is generally acknowledged that development of some sort is going to occur, it is prudent to have in place a plan on which to guide an - regulate this growth. As a result, and because the Economic Development Commission desires to continue its progress in fulfilling its charge, the EDC �+ EDC Preliminary Study — Page 2 067 requests that the County Commissioners: 1 ) accept and approve that an overall and comprehensive economic development plan for Orange County is needed; and 2) appropriate $5000.00 to the Economic Development Commission to conduct a preliminary study to develop a set of guidelines and recommendations to be used by the Commission in its initiation of a major comprehensive study. The expected outcome of this future major study would be a proposed economic development plan for Orange County which would be offered to the County Commis- sioners for acceptance. Specifically, the $5,000.00 would be used to provide answers to the following questions. 1 . Specify explicit operational definitions of "economic development" which would be appropriate for Orange County. (The preliminary study should provide suggested definitions. The EDC will then consider these suggestions and agree on an acceptable operational definition for "economic development" in Orange County.] 2. Is the vision of an overall and comprehensive economic development plan for the county and its encompassed municipalities feasible? If so, how can such an economic development plan be structured so as to make it not only consistent with the Orange County Land Use Plan and the relevant municipal plans, but also to have equal status with those existing and future plans? L 068 EDC Preliminary Study -- Page 3 3. Do formulas or receipes or models exist that will assist in the formulation of the following types of policy guidelines: a. If population increases by X%, then the need for support services (public and private) must increase by 11? The answers provided should relate to specific service and infrastructure, and should be in terms of capacity measures and costs. b. If X acres are developed for residential uses, then Y acres should be set aside for economic development? c. In a. and b. above, what effect will economic development have in offsetting the costs to the public sector (i .e. infrastructure, public safety, parks and recreation, other government services)? d. How far away from residential development should business and commerce be located in order to protect the residential environment and yet provide convenient access which minimizes traffic strain and promotes less dependence on costly roadways? _0 6 9 EDC Preliminary Study — Page 4 4. What data must be assembled by the major study to make the economic development plan realistic, effective and operational? 5. What is a suggested timetable for conducting the major study? 6. What is the Likely cost for the major study? 7. What firms or individuals should be included in the list of potential contractors for undertaking the major study? I 3 ORANGE COUNTY 070 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. Fri MEETING DATE SEPTEMBER 22, 1987 SUBJECT: LEASE AND SUBLEASE APPROVAL; TOWN OF CHAPEL HILL; EMPLOYMENT SECURITY COMMISSION *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES LEASE WITH TOWN EXT 497 SUB-LEASE WITH EMPLOYMENT SECURITY COMMISSION PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 688-7331 *************************************************D*U* ******************* PURPOSE: To consider approving the following leases: a. ) Between the Town of Chapel Hill and the County; b. ) Between the County and the Employment Security Commission. BACKGROUND: Since January, 1984 the Employment Security Commission has maintained a Job Service office in the Chapel Hill Housing Authority Building at 318 Caldwell Street Extension. Since the County requested the satellite office be located in Orange County, they and the State have shared the $8.00 per square foot cost at a $5. 00 (County) / $3 .00 (State) split, which represents a cost of $8360 per year for Orange County. In 1987 the Chapel Hill Housing Authority was absorbed into the Town of Chapel Hill, thereby requiring that a new lease be negotiated with Town rather than with the Housing Authority. The Employment Security Commission subsequently leases the space from the County for Job Service offices. During the negotiations for the new lease, Job Service office management requested that the lease be modified to include an additional 337 square feet that they were using on an informal basis. It was negotiated with the State that the cost of the new lease, with the additional square footage included, be shared at a $4.00/$4.00 split. The cost to the County will be $8036 per year under this arrangement. For your information, the Town of Chapel Hill intends to utilize the space in the Housing Authority building for Town purposes next year and have therefore included a non-renewal clause in this lease. The State Property office is aware of the situation and is currently bidding space in the Chapel Hill area so the move can be made in an orderly manner. RECOMMENDATION: Approve the lease from October 1, 1987 through September 30, 1988 between the Town of Chapel Hill and the County; and the sub-lease between the County and the Employment Security Commission; and authorize the Chair to 071 sign on behalf of the Board. STATE OF NORTH CAROLINA COUNTY OF ORANGE LEASE AGREEMENT 072 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 Develop- ment 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 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. 4. Par g 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 Assi ent 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 conscent of the Town Manager, to make alterations, attach fixtures and e additions, structures or signs in or upon thp eleased premises.erect Such fixtures, additions, structures or signs so placed ineor 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 termination of this lease or any renewal or extension thereof, or within a reasonable time thereafter The Lessee shall have no duty to remove any �,7 3 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 premises, 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 renovations, but shall not enter the leased premises nor allow any agent of his to enter the leased premises after Lessee's business hours, except in emergency, without permission from the Lessee. 9. Personal Injury or Property Damage The County shall 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 and insurances maintained by the County. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a direct result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could reasonably have complied with said requirement. 10. Insurance The Town shall provide all risks of Physical 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 074 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 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. 11. Right of Inspection The Town reserves the right to enter Leased Premises and inspect them, or to repair and maintain them, at reasonable times and upon reasonable notice, but shall not enter the leased premises nor allow any agent of his to enter the leased premises after Lessee's business hours, except in emergency, without permission from the Lessee. 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 peaceably surrender the leased premises in as good order and condition as when received, reasonable use and wear and damage by fire, war, riots, insurrection, public calamity, by the elements, by act of God, or by circumstances 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 300 West Tryon Street Hillsborough, N. C. 27278 075 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: Town Manager Chair, Board of County Commissioners ATTEST: ATTEST: Town Clerk Approved as to Form and Authorization: Town 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 • 4• STATE OF NORTH CAROLINA 076 COUNTY OF ORANGE LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this the 22nd day of September, 1987, by and between COUNTY OF ORANGE of Orange County, ' North Carolina, hereinafter designated as Lessor, and the STATE OF NORTH CAROLINA, hereinafter designated as Lessee, W I T N E S S E T H : THAT WHEREAS, authority to approve and execute this lease agreement was delegated to the Department of Administration by resolution adopted by the Governor and Council of State on the 1st day of September, 1981; and WHEREAS, the parties hereto have mutually agreed to the terms of this lease agreement as hereinafter set out, NOW THEREFORE, in consideration of the rental hereinafter agreed to be paid and the terms and conditions hereinafter set forth, Lessor does hereby let and lease unto Lessee and Lessee hereby takes and leases from Lessor for and during the period of time and subject to the terms and conditions hereinafter set out certain space in Orange County, North Carolina, more particularly described as follows:. (include square feet and address) . BEING approximately 2,009 square feet of office space being the entire first floor of the building located at 317 Caldwell Street Extension, Chapel Hill, Orange County, North Carolina. (Dept. of Commerce - ESC) THE TERMS AND CONDITIONS OF THIS LEASE AGREEMENT ARE AS FOLLOWS: 1. The term of this lease shall be for a period of one year; commencing on the 1st day of October, 1987, and terminating on the 30th day of September, 1988. 2. The Lessee shall pay to the Lessor as rental for said premises the sum of $8, 036.00 Dollars per annum, which sum shall be paid in equal monthly installments of $669.67 Dollars, said rental to be payable within fifteen (15) days from receipt of invoice in triplicate. The Lessee agrees to pay the aforesaid' rental to Lessor at the address specified, or, to such other address as the Lessor may designate by a notice in writing at least fifteen (15) days prior to the due date. 3. Lessor agrees to furnish to the Lessee, as a part of the consideration for this lease, the following services and utilities. 077 A.- Heating facilities, air conditioning facilities, electrical facilities, adequate lighting fixtures and sockets, ventilation, hot and cold water facilities, and adequate toilet facilities. B. Janitorial services and supplies. Maintenance of lawns and paved areas. C. All utilities except telephone. D. Parking. 4. During the lease term, the Lessor shall keep the leased premises in good repair and tenantable condition, to the end that all facilities are kept in an operative condition. Further, the Lessor agrees to be responsible for the proper security and safekeeping of the leased premises. Maintenance shall include, but is not limited to, furnishing and replacing electrical light fixture ballasts, air conditioning and ventilating equipment filter pads, if applicable, and broken glass. In case Lessor shall, after notice in writing from the Lessee in regard to a specified condition, fail, refuse, or neglect to correct said condition, or in the event of an emergency constituting a hazard to the health or safety of the Lessee's employees, property or invitees, it shall then be lawful for the Lessee, in addition to any other remedy the Lessee may have, to make such repair at its own cost and to deduct the amount thereof from the rent that may then be or thereafter become due hereunder. The Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make necessary repairs to the premises. 5. The Lessee shall have the right during the existence of this lease with the Lessor's prior written consent, 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 termination 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 premises, Lessee will repair only to the extent of any such damage or injury. 6. 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 destruction or damage by fire or other casualty without 078 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. 7. Lessor shall be liable to Lessee for any loss or damages suffered by Lessee which are a direct result of the failure of Lessor to perform an act required by this lease, and provided that Lessor could reasonably have complied with said requirement. 8. Upon termination of this lease, the Lessee will peaceably surrender the leased premises in as good order and condition as when received, reasonable use and wear and damage by fire, war, riots, insurrection, public calamity, by the elements, by act of God, or by circumstances over which Lessee had no control or for which Lessor is responsible pursuant to this lease, excepted. 9. The Lessor agrees that the Lessee, upon keeping and performing the covenants and agreements herein contained, shall at all times during the existence of this lease peaceably and quitely have, hold, and enjoy the leased premises free from the adverse claims of any person. 10. The failure of either party to insist in any instance upon strict performance of any of the terms and conditions herein set forth shall not be construed as a waiver of the same in any other instance. No modification of any provision hereof and no cancellation or surrender hereof shall be valid unless in writing and signed and agreed to by both parties. 11. Either party shall give not less than sixty (60) days written notice to terminate the tenancy. • 12. The parties to this lease agree and understand the continuation of this lease agreement for the period set forth in this lease is subject to the Employment and Training Administration, United States Department of Labor allocating annually sufficient funds to continue rental of the property at the monthly rental rate set forth in paragraph 2 of this lease. The parties to this lease also agree that in the event that the Employment and Training Administration, United States Department of Labor reduces funding for leasing purposes, the Lessee, Employment Security Commission, in its sole discretion, may determine, in view of its total local office operations, whether available funding for payment of rents is sufficient to continue the operation of it s local office on the premises leased herein; and that upon such determination by the Lessee that the available funding is inadequate for such continued operation on leased premises herein, the Employment Security Commission shall give not less than sixty (60) days 079 written notice of its determination to the Lessor; and that upon the expiration of such notice period, the lease shall terminate without further liability of the Lessee, Employment Security Commission. 13. All notice herein provided to be given or which may be given, by 'either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid and addressed as follows: To the Lessor at 300 W. Tryon Street, Hillsborough, North Carolina (c/o Chairman) and the Lessee at (ESC) P.O. Box 25903, Raleigh, North Carolina. Nothing herein contained shall preclude the giving of such notice by personal service. The address to which notices shall be mailed as aforesaid to either party may be changed by written notice. 14. The Lessor hereby agrees that he will not enter the leased premised nor allow any agent of his to enter the leased premises after Lessee's business hours, except in an emergency, without first obtaining permission from the Lessee. IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in duplicate originals, as of the date first above written. STATE OF NORTH CAROLINA BY TITLE LESSOR: COUNTY OF ORANGE CHAIRMAN ATTEST: Secretary APPROVED AS TO FORM: LACY H. THORNBURG Attorney General Associate Attorney General 080 STATE OF NORTH CAROLINA COUNTY OF , 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 - , 198 Notary Public My Commission Expires: 081 STATE OF NORTH CAROLINA COUNTY OF WAKE 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 082 BOARD OF COMMISSIONERS Action Agenda Item No. Fr8 ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: RESOLUTION TO REDUCE EARL WALKER ASSESSMENT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 RESOLUTION (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To reduce the assessment made of Mr. Earl Walker from $865. 47 to $200. 00. BACKGROUND: Mr. Walker signed a PPP agreement based on information from the Planning Department and NCDOT which showed paving of a portion of road which fronted his property. The information was incorrect; that particular portion of the road had been abandoned and was not paved. Mr. Walker declined to pay the full amount of the assessment since the agreement he signed was in error. He did agree to pay $200. 00, since he does receive some benefit from the paved portion of the road. The County has already spent considerable administrative time in several departments straightening out this situation. To fully reassess the entire project would add considerable addi- tional cost far beyond the amount of the reduced assessment ($665.47) . Note that as a result of this and other similar situations, the Planning Department and NCDOT, in particular, have revamped their assessment procedure, adding two steps of on- site reconciliation prior to the actual paving or assessment, to avoid creating similar situations in the future. RECOMMENDATION(S) : Approve the resolution and authorize the Chair to sign. 083 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag n a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 22, 1987 SUBJECT: ENVIRONMENTAL AFFAIRS BOARD RECOMMENDATIONS AND ASSIGNMENTS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 EAB RECOMMENDATIONS SLUDGE INFORMATION UPDATE (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of items in the Environmental Affairs Board report and assign tasks to EAB. BACKGROUND: The Environmental Affairs Board presented a report in May, 1987 as to needs which effect Orange County. While the Board has addressed concerns of the EAB, others still require attention. The attached summary of recommendations identifies the EAB concerns. On September 8, 1987 the Board authorized preparation of a Local Environmental Impact Statement Ordinance following study by the Planning Department and review by the Planning Board and EAB. The ordinance is to be presented at public hearing on November 23, 1987. Although stated by the Board, EAB has not been formally assigned this task. Orange Water and Sewer Authority application of sludge in Bingham Township. Since the Bingham Township Advisory Committee presented sludge application concerns before the Board in 1985, there have been numerous discussions among citizens, OWASA, State Division of Environmental Health, Plan- ning staff/Board and County Management. Requesting the EAB to review OWASA sludge application and provide report/recommen- dation to the Board would centralize the discussion under one County entity. Planning and Health Departments along with Agriculture Extension would be readily available to assist EAB. (Please note several copies in attached background information are in poor condition; readable copies are not available. • o84 RECOMMENDATION(S) : As the Board decides regarding EAB Report. Manager recommends assigning EAB the tasks of reviewing Local Environmental Impact Statement Ordinance before November 23 , 1987 and review/comment/offer recommendation on OWASA Sludge Applica- tion in Bingham Township by April 1, 1988. 085 The Environmental Affairs Board presented a report to the Orange County Board of Commissioners in May, 1987 outlining certain areas of concern and requested action in this report. Some of these request have been accomplished at this point while others remain as a request. HAZARDOUS MATERIAL 1. The EAB recommends that the County Commissioners promptly esta- blish a Local Emergency Planning Committee (LEPC) as required by Title III of the federal Superfund Amendments and Reauthoriza- tion Act of 1986. This Committee shall be responsible for col- lecting information on hazardous materials used in the County and for preparing an emergency management plan for the County. The EAB recommends that the County and city fire departments report to the LEPC on the types, quantities and locations of hazardous materials contained in buildings in the County. * The Local Emergency Planning Committee has been appointed. 2. The County Planning Department should be directed to identify areas of the County that are particular sensitive to unplanned disposal of hazardous material. 3 . The Orange County Health Department should be directed to deve- lop public education programs regarding: a. the existence and functions of the County Emergency Response Team, b. requirements of the Right to Know law regarding hazardous materials, c. identification and disposal of farm and hazardous wastes. NATURAL RESOURCES 1. The County should appropriate funds for a comprehensive, survey of natural resources in the County according to the guidelines of the North Carolina Natural Heritage program. The EAB should have an advisory role in defining the scope and maintaining oversight of the project. * Orange County has appropriated in the 1987-1988 budget $7, 000 to assist in the natural resources and three members of the Envi- ronmental Affairs Board are attending the steering committee for the project. This recommendation has been accomplished. 086 2 . The Commissioners should request the Orange County Planning Board to formulate alternative approaches for protecting and enhancing natural areas as identified in the survey into the Long Range Plan for the County. The alternative should include at least the following options: a. dedications, b. fee purchases, c. real estate transfer fees, d. preferential tax policy, e. developer contributions in lieu of on-site dedications. * Most of these are being accomplished at this point with the exception of transfer tax and the Long Range Plan of the rest of the County other than the buffer area. 3 . Special attention should be given to protection of the North Carolina Botanical Garden and those sections of Duke Forest located in Orange County. WATER RESOURCES 1. The Board of Commissioners should direct the Orange County Reservoir Siting Committee to develop a proposal for the manage- ment of the water of the Upper Eno River during drought condi- tions. The proposal should include an operational definition of a drought, a set of rules for allocating available resources under a range of conditions that may exist during a drought, and a rule governing the release of water from upstream reservoirs to maintain appropriate levels of instream flow. That committee should report its findings to the Commissioners for review on or before December 31, 1987. * This recommendation should be dropped as the water conservation ordinance addresses most of the concerns. The sub-committee had not seen the ordinance when this recommendation was proposed. 2 . The Commissioners should consider the adoption of an Ordinance requiring the posting of a performance bond of sufficient size to provide a reasonable guarantee that private wastewater pack- age plants will continually satisfy their effluent limits. 3 . The Commissioners should direct the Health Department to conduct a sanitary survey of County watersheds in 1987 and repeat that survey at intervals not exceeding three years. The survey should identify any activities that continuously discharge to streams in those watersheds, activities from which stormwater w runoff could reach the streams, or activities that could acci- dentally discharge to streams. Results of that survey should be made available to purveyors of public water supplies both in the County and to others who may be affected. '087 4. The Commissioner should authorize and direct the County Sediment Control Officer to conduct a review of the adequacy of existing enforcement of the sediment control ordinance, and the adequacy of present staff resources to manage sediment and erosion in the County. The sediment control officer should be directed to deliver a report of its findings and recommendations to the EAB by December 31, 1987. * The sediment control concerns of adequacy of enforcement and the annual report are being addressed based on recommendation this is being handled administratively. 5. The Commissioners should authorize and direct the County EAB to undertake a study of the options for stormwater management. The study should include a review of policy and practices in neigh- boring communities and states. The EAB should be directed to deliver a report on its findings and recommendations to the Commissioners no later than May 1, 1988. SOLID WASTE 1. The County Commissioners should authorize the EAB to provide continuing oversight of the bi-county Solid Waste study and make recommendations, as appropriate, concerning the progress of the study and its findings. 2 . The County Commissioners should authorize the EAB to recommend appropriate steps to enhance the County's coordination with Chapel Hill and Carrboro concerning their recycling program. 3 . Since the planned U.N.C. power plant may contribute additional solid waste that will shorten the useful life of the landfill, the County Commissioners should strongly urge U.N.C. to consider the use of Refuse Derived Fuel (RDF) in the powerplant planned for the Chapel Hill campus. FUTURE OF THE ENVIRONMENTAL AFFAIRS BOARD 1. The Commissioners should continue the EAB indefinitely. Member- ship of the EAB should rotate through staggered three year terms with one third of the present membership being replaced annually, beginning July 1, 1988. The EAB should be directed to adopt by-laws governing the conduct of its meetings and the annual selection of its chair. r 4 T � 088 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag nc a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: September 22, 1987 SUBJECT: County Capital Policies DEPARTMENT: PUBLIC HEARING: Yes x No Manager ATTACHMENT(S): INFORMATION CONTACT: Manager, ext. 501 Orange County Capital Policies TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt policy statements regarding capital expenditures, capital reserves, and the Five-Year Capital Improvement Program. • BACKGROUND: Various policy issues relating to capital expenditures, capital reserves, and the capital improvement program were discussed by the Board at the September 8th meeting. The decisions made by the Board are incorporated into the attached policy statements. No policy regarding the use of the Recreation Capital Reserve Fund is included at this time as the Board expressed a desire to wait until receiving the Master Park Plan before making a final decision on this issue. RECOMMENDATION(S): Adopt the attached policy statements. ORANGE COUNTY CAPITAL POLICIES 1. Eighty percent (80%) of the original half-cent sales tax revenue and sixty percent (60%) of the additional half-cent sales tax revenue shall be dedicated to school capital expenditures. Such expenditures shall be limited to acquisitions of or improvements to land, buildings, and equipment costing $50,000 or more. Any year in which such revenues exceed such expenditures, the excess shall be transferred to the School Capital Reserve Fund. 2. twenty percent (20%) of the original half-cent sales tax revenue and forty percent (40%) of the additional half-cent sales- tax revenue shall be dedicated to county capital expenditures. Such expenditures shall be limited to acquisitions of or improvements to land, buildings, and equipment costing $30,000 or more. Any year in which such revenues exceed such expenditures, the excess shall be transferred to the County Capital Reserve Fund. 3. The School Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for school purposes costing $50,000 or more. 4_ The County Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for county purposes costing $30,000 or more. 5. A vehicle Capital Reserve Fund shall be established and used to accumulate funds for the acquisition of county vehicles. 6. Each year, an amount equal to $800,000 minus the amount required for that year's debt service on school bonds issued prior to the 1987-88 fiscal year shall be appropriated in the. General Fund budget and transferred to the School Capital Reserve Fund. 7. Debt incurred under the "two-thirds net debt reduction" rule shall be limited to instances, where the health and safety of Orange County citizens are threatened. 8. The amount to be appropriated to each school system for recurring capital expenditures shall be $750,000. This appropriation shall be in effect for a period of at least five years and includes funds for roof repairs. 9. County capital expenditures with a cost of $30,000 or more and a useful life of at least five years shall be considered capital projects and accounted for in capital project funds. 10. During each fiscal year, the Board shall adopt a Five-Year. Capital Improvement Program. The Five-Year Program shall include anticipated county capital expenditures costing $30,000 or more and anticipated school capital expenditures costing $50,000 or more, as well as available financing sources. The first year of the adopted Five-Year Capital Improvement Program shall be incorporated into the next annual operating budget recommended to the Board by the County Manager. Page 2 OCIO Orange County Capital Policies Adopted this 22nd day of September, 1987. Chair, Orange County Board of Commissioners ATTEST: _ Clerk, Orange County Board of Commissioners 091 ORANGE COUNTY BOARD OF COMMISSIONERS • Action AgAnda ACTION AGENDA ITEM ABSTRACT Item No. j Meeting Date: Seutember 22, 1987 SUBJECT: Senior Citizens Ordinance Amendment -- Department on Aging DEPARTMENT: - PUBLIC HEARING: Yes x No Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry M. Passmore Original Ordinance and Resolution - TELEPHONE NUMBER: September 2, 1980 Hillsborough -- 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To amend the Ordinance. of the Orange County Senior Citizens Board which would change the name to County Advisory Board on Aging and to increase the size from nine to fifteen members. The Ordinance, Article i , Section 1.0 would be amended as follows: "There is hereby created an Orange, County Advisory Board on Aging composed of fifteen citizens of Orange ■County. Each member of the Board shall be a County Resident, appointed by the Orange County Board of Commissioners. The Board shall include: at least eight members over the age of 60 years, one County Commissioner, at least one person who is a resident ofthe Town of Carrboro, at least two persons who are residents of the Town of Chapel Hill and at least one person who is a resident of the Town of Hillsborough. " The By-Laws would be changed to reflect the Ordinance Amendment and appoint- ments would continue to be three years with five member ' s terms expiring each year. BACKGROUND: In the spring, the Senior Citizens Board considered its size, composition and name. Due to the Boards ' limited size and turnover, many interested persons have not been able to serve on the Board. In addition, a larger Board would provide ( 1 ) a broader representation of the County' s . elderly, ( 2) a more varied discussion of issues affecting the elderly, and (3) a larger pool of people to draw from to fill various subcommittees. The proposed name change would show a more direct tie to the Department on Aging and to indicate its concern with not only older persons, but the aging process. RECOMMENDATION(S) : As the Board decides. duvN 4GJ j M IC 44 u114� "Uliill�Z S. September 2 , 1980 t 092 AN ORDINANCE AND RESOLUTION TO ESTABLISH THE ORANGE COUNTY DEPART:-LENT ON AGING AND TO CREATE THE ORANGE COUNTY SENIOR CITIZENS BOARD WHEREAS, Orange County deems it appropriate to meet the special needs of the elderly by establishing a Department on Aging and creating a Senior Citizens Board in order to provide a comprehensive=`and- integrated approach to the delivery of ser- vices to Orange County ' s senior citizens in- the fields of helth, mental health, social services , recreation, employment and other programs under federal , state -and local authority; IT IS NOW THEREFORE' ordained and resolved by the Board of County Commissioners of Orange County , North Carolina- as follows : ARTICLE I . SENIOR CITIZENS BOARD SECTION 1. CREATION, NAME, COMPOSITION. OF THE BOARD. There is hereby created an Orange County Senior Citizens Board composed of nine citizens of Orange County. Each member of the Board shall be a County resident appointed by the Orange County Board of Cornmi ssidners. The Senior Citizens Board sha? include: at least five members over the age of 60 years, one - County Commissioner, at least two persons who are residents of the Town of Chapel Hill , at least one person who is a resident of the Town of Carrboro and at least one person who is a resident of the Town of Hillsborough : The C ty..ot.n� Commissioner member of the Senior Citizens Board shall serve a term of office concurrent with 093 his or her term of office as County Commissioner. When the County Commissioner member of the Board ceases to be a County Commissioner for any reason , his 'or her appointment as a mem- ber of the Board shall .also cease and the Board of County Commissioners , during their next meeting, shall appoint another Commissioner to the Board . All vacancies in the Senior Citizens Board occurring from any cause shall be filled by appointment by the County Board o f Commissioners , and the person appointed shall serve for the unexpired portion of the term. Members of the Senior Citizens Board shall serve three- year terms , but no Board member may serve more than two consecu- - tive three-year terms . In order to establish a uniform staggered-term structure for the Senior Citizens Board whereby ''some members ' terms will expire each year, the Board of County Commissioners shall initially appoint two persons to a -one-year . . term, three persons to a two-year term and three persons to. a three-year term. All subsequent appointments for each such • member or successor shall be for three-year terms . •The Senior Citizens Board shall adopt By-Laws for the conduct of its business including the selection of appropriate officers and the setting iof regularly scheduled meetings_ Senior Citizens Board meetings shall be held in compliance with the Open Meetings Law, N.C. Gen. Stat . 5143-318 . 1 et sec • Senior Citizens Board members shall serve without monetar compensation . Consistent with general policies of Orange County , Board members may be reimbursed for travel and subsist-n-e . -2- 094 • for attending meetings , conferences and workshops . SECTION 2 . POWERS AND DUTIES OF THE SENIOR CITIZENS BOARD. A. The Board shall serve as a liasion between the older citizens of Orange County and the County government_ B. The Board' shall serve as the advisory body for the Orange County Department on Aging . The Board shall suggest policy and make recommendations to the Department, and the Board of County Commissioners on the special needs of the elderly, particularly with respect to the ;feeds for a comprehensive, integrated approach to the delivery of services in the fields • of health, mental health, social services, recreation, employment • and other programs for the elderly_ C. The Board shall work to stimulate and promote needed ' services and programs for older persons . D. The Board shall assist public and voluntary agencies in providing services to older persons . E. . The Board shall review and make recommendations con- cerning service proposals and funding of . services that have an impact on older persons,. - F. The Board shall consult with and assist the Director of the Department on Aging in the preparation of the Department's budget. G. The Board shall review the proposed budget of the Department on Aging prior to the time the Department ' s budget is submitted to the County Manager. Thereafter the Board may advocate the needs of the Department on Aging to the Board of County -3- 095 Commissioner . H. The Board shall assist the Director of the Depart- m •nt on Aging in planning and developing a unified and coordinated "County Aging Plan" with a view towards defining policies , services and facilities in consultation with the Area Agency on Aging of the Region J Council of Governments and the North Carolina Division of Aging. I . The Bo rd' shall perform other functions and duties as may from time to time be requested and vrescribed by the Board of County Commissioners . ARTICLE II . _DEPARTMENT ON AGING SECTION 1 . CREATION OF THE ORANGE COUNTY DEPARTMENT ON AGING. • There is hereby created a Department to be known as *the the Orangge County Department on Aging, which shall function directly under the County Manager. SECTION 2 . . DEPARTMENT ON AGING POWERS AND DUTIES_ The Department on Aging shall : ' A. Plan, coordinate and evaluate County programs and policies with respect -to- needs of ..older persons_ B. Cooperate with local , regional, state and federal agencies on _program fund, ng and development_ C. manage County facilities that serve as Senior Citizens Centers . D. Provide direct services that are appropriate to the needs of the older citizens of Orange County_ E. Negotiate contracts with public and voluntary agencies for services to older persons . -4- � y ..096 F. Serve generally as an advocate in promoting the health and welfare of the older citizens of Orange County. SECTION 3 . DIRECTOR OF DEPARTMENT ON AGING. The position of Director of the Department on Aging is hereby created. He shall be the chief administrative officer of the Department on Aging and shall be a Department head, reporting directly to the- Orange County Manager. The position of Director of the Department on Aging shall be filled pursuant to and in compliance with the Orange County Personnel Policy . The Senior Citizens Board will . have input regarding the position in accordance with the Orange County Personnel Policy_ Personnel as may be deemed necessary to the supervision, operation and maintenance of the Department on Aging programs and — services shall be employed and discharged in accordance with the Personnel Policy of the County . S.t CTION 3 . POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT ON AGING. The Director on Aging shall : A. Serve as Secretary to the Senior Citizens Board_ B. Administer programs and services established for the Department. ` - C. ' Appoint and supervise department personnel consistart with the Orange County Personnel Policy. D. Administer funds appropriated to the Department through_ t e County ' s budget process and administer funds provided through other funding sources in accordance with approved policies of )range County . • -5- ' 09 E. Have such other powers and duties as are necessary for the operation of the Orange County Danartrnent on Aging. A complete job description for the position of Director of the Department. on Aging shall be devised by Orange County_ The Senior Citizens Board shall make recommendations further defining the duties and responsibilities of the Director of the Department on Aging . This ordinance and resolution shall be in full force and . effect on October 1 , 1980 after having 'been adopted according to law by the Orange County Board of Commissioners . Adopted this the day of , 1980 _ ORANGE COUNTY BOARD OF COMMISSIONERS- . BY: Richard E. [:bitted. Chairman Attested to : Clerk to the Board of Commissioners of Orange County -6- II Q ORANGE COUNTY Q 9 8 BOARD OF COMMISSIONERS ACTION AG DA Item No. j L.� ACTION AGENDA ITEM ABSTRACT MEETING DATE: September 22, 1987 SUBJECT: Computer use by the Clerk to the Board DEPARTMENT: DATA PROCESSING PUBLIC HEARING: YES NO ATTACHMENT(S) : INFORMATION CONTACT: KEITH BROOKS PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 PURPOSE: To redefine the use of computer equipment in the Clerk's office. BACKGROUND: In the report, "Computer Utilization - Current and Projected" of April 21, 1987, and in the preparation of the current 1987-88 budget the County decided to move some applications and some users from the mainframe to microcomputers. The Clerks office is one of our primary users of word processing. The attached report details three options on how to utilize the computer equipment in the Clerk's office. The Data Processing Manager recommends option number one. RECOMMENDATION(S): Approve Option Number One. L � , 099 September 17, 1987 MEMO TO: County Commissioners SUBJECT: Computer Equipment Use by the Clerk FROM : R. Keith Brooks, Data Processing Manager In the preparation of the 1987-88 budget Orange County decided to reallocate several of the heavy word processing users from our mainframe computer to microcomputers. The Clerk to the Board uses word processing on the mainframe for the minutes, ordinances and regular office correspondence. The Clerk's office, and Planning, are the primary users on the mainframe for word processing. Currently the Clerk has three ports (connections) on the mainframe, two CRT's and one printer. In addition to the word processing the Clerk uses the mainframe for Information and Referral, Indexing the minutes, and keeping up with various Boards and Commissions. The following three options are ways to move some of this load off the mainframe to microcomputers. 1. The Clerk could move all functions to microcomputers but retain one CRT and the printer to use with the county-wide office automation system. This would require the reprogramming of those functions (Indexing,Boards and Commissions, Etc. ) which are not total word processing applications. It would also require the ability to transfer the data in the existing files (Ordinances, I and R, Etc. ) so the prior information can be saved. There are software packages on the market to do this and we are planning on having the capability in place by January, 1988. The Clerk would have two microcomputers, one CRT, one printer and part-time access to a shared micro on the third floor. The existing laser printer would be shared by the mainframe and the microcomputers. With this option, distribution of any data (minutes,etc. ) could be on diskettes. 2 . The only difference here is that the Information and Referral data base would stay on the mainframe. This system was designed to operate off the mainframe and since so many agencies were involved in the design of this function it may be required to leave it alone. The machine requirements would be the same as above except the Clerk would not need access to the third floor part-time micro. 3 . The Clerk could leave all functions except word processing on the mainframe. The maintenance of the ordinance files, the indexing of minutes, i and R and Boards and Commissions would stay on the mainframe with basically only the preparation of the minutes going to the microcomputer. 00 The machine requirements would be one CRT, one i microcomputer, one printer and access to the third floor part-time micro. The Data Processing staff recommends option number one. This would be the most efficient use of County staff and resources. It takes a big load off the mainframe (which is a problem with the existing hardware) and gives the Clerk's staff a lot of flexibility as to how they operate their various functions. This is basically the direction taken in the 1987-88 budget except we had only planned for one microcomputer in the Clerk's office. 101 ORANGE COUNTY Action Ager BOARD OF COMMISSIONERS Item No. ACTION AGENDA IT124 ABSTRACT MEETING DATE September 22, 1987 Subject: APPOINTS IDepartment: BOARD OF COMMISSIONERS I I Public Bearing: Yes X no f Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-1+501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced for the first time for information only: A-12 - PRIVATE INDUSTRY COUNCIL - 3 expiration of terms (Dan Lunsford, Tom Holt, and Mildred Council ) Tom Holt is not eligible for reappointment. Lunsford and Council are eligible and desire to be reappointed. B-7 - HUMAN SERVICES ADVISORY COMMISSION - 2 resignations (Horace Grant and Francis Douglass) A recommendation has been received to replace Mr. Grant. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. A-4 - COMMISSION FOR WOMEN - 3 vacancies. A recommendation has been received. A-5 - ECONOMIC DEVELOPMENT COMMISSION - 2 vacancies. 8-4 - COUNTY SENIOR CITIZENS BOARD - 1 vacancy for a Carrboro representative. No resumes have been received. B-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 4 vacancies. A recommendation has been received. B-6 - HEALTH AND MEDICAL CARE ADVISORY BOARD - 1 vacancy. Resumes have been submitted for consideration. B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy. Resumes have been submitted for consideration. RECOMMENDATION: As the Board decides. ers of Prange County , • mission the of the $Oard of Com Carolina, A meeting Creel Hill► North held at or the 2 2nd day of North Carolina, was at 7 :30 o' clock p.m. , regular place of meeting , September , 1987 • E. Marshall and Commissioners John Hartwell , Chair ' Shirley Present: Ste.hen Halkiotis and Don Willioit• Commissioner Moses �- Absent **************************** °wing resolution was read to the Board: foil ROLL The .following ASSESSMENT ORANGE COUNTY OF RESOLUTION RNA C D N BY OF THE COSTS OF FOR T SHA?:E O ROAD #1818 , LOCAL ROAD. THE NORTH CARP: INA STATE ROAD CAROLINA PAVING KNOWN AS CLSARWATEC LAKE NORTH ALSO ( RANGE CHAPEL HILL TOWNSHIP . IN the Board of Commissioners of on August S ` 195r Roll fax WHEREAS, confirmed the Assessment R Carolina, share of the Costs of Prange County , North local ,f the Orange County known as Clearwater the financing by Road #1918r also awing North Carolina State R°a P Road; and WHEREAS , of the Assessment Lake R subsequent to the c goad was EgEASr subseq Clearwater Lake that e County has determined Assessment Orange contemplated when the Roll, length as not t paved to its full Roll was confirmed; and 1 91, Return to Orange County County Commissioners 106 East Margaret Lane, Hillsborough NC RIGHT OF WAY AGREEMENT 27278 800:680 _ _ 257 STATE OF NORTH CAROLINA COUNTY OF Orange Street A and Street B - Councilvi,lle,� TOWNSHIP OF Chapel Hill Local Name of Road Parcel 1 Orange County the undersigned owners of that certain right of way recorded in the Register of Deeds office of Orange_County, and referred to as follows: PARCEL TOWNSHIP ID # MAP,BLOCK,LOT NA NE RECORDED 9768-58-8891 7 . 113 .C. 17 9768-58-8907 7 . 113.C. 17B 9768-58-6423 7. 113 .C. 19 9768-58-6065 7 . 113 .C. 18B 9768-58-4445 7 . 113 .C. 18 9768-58-8689 7 . 113 .C. 17D 9768-58-9561 7 . 113 .C. 23 Minor Deed Book 526, Page 496 9768-58-8895 7 . 113 .C. 17 9768-58-8907 7 . 113.C. 17B 9768-58-6423 7 . 113.0. 19 9768-58-6065 7. 113.0. 18B 9768--58-405. 7 . 113 .C. 18 9768-58-8689 7. 113 .C. 17D 9768-58-9561 7 . 113 .C. 23 Colson Deed Book 525, Page 447 9768-58--6145 7. 113 .C. 18A Davis Deed Book 525, Page 446 9768-58-6226 7 . 113 .C. 18C Atwater Deed Book 525, Page 445 9768-58-5341 7 . 113 .C . 18D Baldwin Deed Book 525, Page 444 9768-58-6423 7 . 113 .0. 19 Jones Deed Book 526, Page 494 9768-58-5852 7 . 113 .0. 16 Parrish Deed Book 539, Page 115 9768-59-7036 7. 113 .C. 15 Harris Deed Book 525, Page 443 9768-59-9238 7 . 113 .C. 13 9768-59--8149 7 . 113.0. 14 Fryar Deed Book 525, Page 422 9768-69-0325 7 . 113 .C. 12 Basden Deed Book 528, Page 592 9768-59-9545 7 . 113 .0. 11 Foggie Deed Book 525, Page 442 9768-59-970$ 7 , 113 .C. 10 Atwater Deed Book 525, Page 441 9768-69-4645 7. 113 .C. 25B Ingram Deed Book 525, Page 440 9768-79-5739 7. 114 ..1B Lloyd Deed Book 525, Page 439 9768-69-2558 7 . 113 .0. 26 Harris Deed Book 525, Page 438 9768-69-2446 7 . 113 .C. 27 -,'. 1 '--• _ - _ _ �.�: boo,K880 FADE 258 • Street A and Street B -- Councilville Local Name of Road Parcel 1 recognizing the benefits to said right of way by reason of the Department of Transportation assuming responsibility for the maintenance of the, above- described road, hereby grants to the Department of Transportation, the right of way for said proposed roads being 50 feet in width, 25 feet on each side of the center line of the proposed roads and releases the Department from all claims for damages by reason of said right of way across the lands of the undersigned and the past and future use thereof by the Department , its successors and assigns for all purposes for which the Department is authorized by law to subject said right of way; said right of way is shown upon plans for the project in the office of the Department of Transportation in Raleigh. it is further agreed that the property owner will erect no fencing nor engage in cultivation upon the right of way referred to herein. There are no conditions to this agreement not expressed herein. The undersigned hereby covenant that they are the sole owners of said right of way; that they solely have the right to grant this right of way, and that the: .rill , forever warrant and defend the title to the same against the lawful c ar all persons whomsoever. �3,�?i � llp�,;;`w, IN WITNESS WHEREOF we ha ye hereunto set our hands and affix f „1 this ' of yy ;d the day ,Ota e.�” 1 g�. ;`q, '`! :t ORAN E C•UNTY J '�. 4r,•3.ci 1`�w,Y"1" '""'� '115 /�: '`ti (SEAL) S •• _�iL ! �.�.'i:, Clerk � y r� Ch-; , County Board 'o ", � J .-- �C, ,. (SEAL) Commissioners .N (SEAL) ;:_._:. (SEAL) DRAWN FOR DEPARTMENT OF TRANSPORTATION By: Robert H. Broome, III NORTH CAROLINA, DIjis-M6E. COUNTY I , SpVto.1. CLemetl % , a Notary Public of O('a.ncj e County, North Carolina, do hereby certify that L'�je.Vex-ly IPT.'g\V-h. personally came before me this day and acknowledged that she/bm is thA (!1Ary „.F +ti.- n.._-a _t „ 0( . /Rez/se7 CONTRACT EDC PRELIMINARY STUDY ORANGE COUNTY ORIGINAL 1 ORIGINAL - ORANGE COUNTY COPY This agreement, made and entered into this 22nd day of September 1987 , by and between the County of Orange, North Carolina, hereinafter referred to as COUNTY, and Sarah Rubin, hereinafter called the CONSULTANT. Witnesseth WHEREAS the COUNTY intends to develop a plan for future economic development in Orange County, NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereto have contracted and agreed as follows: I. SCOPE OF WORK 1. The scope of work is a study intended to provide a basis for a future comprehensive economic development plan. The work is detailed in the attached proposal, which was submitted June 30, 1987 and revised September 2, 1987. 2. The study will include all necessary research and the preparation of: A. A discussion paper proposing an operational definition of economic development; r ' 2 B. A draft and final report addressing questions posed by the Board of Commissioners and the Economic Development Commission, as referenced in the original proposal. II. SCHEDULE OF PERFORMANCE The CONSULTANT shall accomplish the work defined in Section I on the following schedule: On or before November 6, 1987 shall deliver to the Economic Development Director a discussion paper proposing an opera- tional definition of economic development; At the discretion of the Economic Development Commission, the CONSULTANT shall participate in a discussion of the paper. On or before December 31, 1987 the CONSULTANT shall deliver to the Economic Development Director, one copy of the draft final report; On or before January 14, 1988 the CONSULTANT shall deliver to the Economic Development Director two (2) copies of the final report; r 3 On January 14, 1988, the CONSULTANT shall make a presentation of the final report to the Economic Development Commission. III. COMPENSATION The total contract price is five thousand dollars ($5,000). Payment shall be made on the following basis: $500 (10%) at contract inception to be paid no later than October 1, 1987. $1,000 (20%) following acceptance of discussion paper on the definition of economic development, to be paid no later than November 10, 1987 . $3,000 (60%) following acceptance of draft final report; to be paid no later than January 5, 1988 . $500 (10%) following presentation of final report to the Economic Development Commission; to be paid no later than January 16, 1988 . CONSULTANT will submit invoices for completed work at each of the four benchmarks listed above. Payment will not be made without invoice. 4 IV. TERMINATION OF AGREEMENT The COUNTY, by seven (7) days written notice, deliverable in person or by certified or registered mail to the CONSULTANT, may terminate this agreement, in whole or in part, when it is in the best interest of the COUNTY. In the event of termination as herein provided, the CONSULTANT shall be paid compensation for work performed to termination date. V. WHOLE AGREEMENT This agreement and the proposal submitted by the CONSULTANT, a copy of which is attached hereto and made a part hereof shall constitute the whole contract between the parties. IN WITNESS WHEREOF, the COUNTY and the CONSULTANT have caused this instrument to be executed as of the day and year first above written. County of Orange, Nor h Carolina ,■//eafq Shirley E. Marshall, Chair Orange County Board of Commissioners Sarah Rubin This instrument has be preaudited in the manner required by the Local Government Budget and Fiscal Control Act. 771144.4 �. Gordon Baker, Finance Director Proposal to Orange County Economic Development Commission for Preliminary Economic Development Study Submitted by: Sarah Rubin Route 1, Box 201-F Durham, NC 27705 (919) 967-4855 June 30, 1987 Revised: September 2, 1987 8 1 . INTRODUCTION Now is an advantageous time for Orange County to plan for economic development. Economic development can help the county expand its tax base to support public services for the growing population, as well as creating more and better jobs for current residents and stimulating locally-owned enterprises and small businesses. Careful planning will enable the county to preserve the unique attributes that make it such a desirable place to live, while insuring that sufficient land is available for economic development. II . APPROACH This study will seek answers to the four questions posed in the Board of Commissioners ' May 4 resolution. We will review published materials and as necessary consult with national organizations (and their local members) such as the National League of Cities, National Association of Towns and Townships, National Association of Counties, and National Council for Urban Economic Development, to see how other local governments have dealt with the questions facing Orange County. We will make use of materials in the University of North Carolina 's Department of City and Regional Planning library, Institute of Government, and main library, including: standard planning references and economic development texts; journals; economic development materials published by the Urban Land Institute and other organizations; economic development plans prepared by cities, counties, and regional agencies; U.S Census and North Carolina statistical reports. We will also consult experts at UNC, particularly the Department of City and Regional Planning, as needed during the course of the study. Specifically, our approach to each of the four questions is as follows: QUESTION 1 : SUGGEST ALTERNATIVE DEFINITIONS OF ECONOMIC DEVELOPMENT An operational definition of economic development must emerge from a consensus on economic development goals and objectives for the county. Acceptance of a general set of g_oal.s can lead to agreement on more specific ob, ectives, which can begin to define the kinds_of development the county seeks. That, in turn, can help paint a ..picture of what economic development will mean for' the county in physical, or land use, terms. The process of establishing goals and objectives and defining the kind of development the county seeks (i . e. mm setting strategies) will undoubtedly be a lengthy one, which will occur when the county develops its economic development plan. The present study, however, can begin the process by presenting a framework for arriving at objectives and sketching out scenarios that would result from some of the alternative objectives. The scenarios will be useful to the EDC in educating the public about what economic development can mean for the county, and will also be helpful in focusing the research in Section 3 of this study. The Resolution of December 1982 which created the EDC cites three "problems of economic development in Orange County, " which could be restated as goals: reduce underemployment, strengthen the tax base, and improve the geographic distribution of job opportunities. " The Resolution also lists four factors to consider in defining types of development that will best serve the public interest: rate, type, location, and balance. These considerations can help generate economic development objectives, by asking, for instance: * What balance should be sought between start-ups, expansions, and recruited firms? How many of each would the county like to see, and how soon? * What sectors of the economy would the county like to see expanded -- manufacturing, retail, wholesale, services, agriculture, etc. . [An objective might be "to increase retail sales in the county so the ratio of sales: population equals the state average"] * What mix of small, medium, and large businesses is seen as most desirable? * What types of jobs are needed, in terms of skills, occupations, and wage level? [Objectives might be "to create jobs for displaced textile workers in Northern Orange, " or "to create entry level jobs with opportunities for advancement for the county s high school and college graduates. " ] * In which areas of the county is development most needed? What kinds of development are best suited to different areas of the county? We will prepare a discussion paper proposing an operational definition of economic development. The paper will begin with the three goals (and any others suggested by the EDC) , and will present a list of possible objectives that address those goals. It will then sketch out what kinds of economic development would meet each objective -- e.g. neighborhood or regional shopping centers, office complexes, large or small manufacturing plants, new business start-ups, etc. Each scenario will have specific implications for land use and infrastructure. More detailed specification of these scenarios and their implications will undoubtedly occur when the county begins developing a full-blown economic development plan. QUESTION 2: EXAMINE THE FEASIBILITY AND STRUCTURE OF A COMPREHENSIVE ECONOMIC DEVELOPMENT PLAN FOR ORANGE COUNTY Because local economies are so interconnected, comprehensive economic development planning is more feasible for counties than for individual towns, more feasible for regions than for individual counties. Therefore, if Orange County seeks to develop a comprehensive plan it makes sense to do so as a joint effort between the county and its municipalities. Whether the county and its four towns can agree on a joint plan is a policital question beyond the scope of this study. The study can, however, offer models for how to structure a joint plan, based on the numerous examples of regional and county-wide plans from around the country. We will use library sources and national organizations as necessary) to identify examples of economic development plans prepared for other local governments and regions, looking especially for- situations that resemble Orange County 's in terms of the economic climate or the array of political jurisdictions. We will comment on the plans - scope, main . teatures, and applicability to ,Orange County. Where possible, we will provide information on the process by which the plan was developed, including: -- Who developed the plan? A planning department or other agency? Were consultants involved? -- How was consensus reached? Does the plan have legal status? -- How were other local jurisdictions involved in the planning process, and how are they included in the plan? -- How long did it take to develop the plan? -- For how long has in been operational ? What effect has it had? V QUESTION SEEK FORMULAS OR MODELS TO INTRODUCE ECONOMIC DEVELOPMENT CONCERNS INTO THE LAND USE PLANNING PROCESS 3a. Relationship._...between._...population..___gr owth.....and. need ..- for.._...public_....and...._private_..services. The tremendous growth in residential development which is already occuring and is expected to accelerate in Orange County will clearly increase the need for public services. The need for expansion of various services will depend on factors such as household size and residential density. After reviewing research in this area, we will propose formulas to predict the change in demand for schools, pubic safety, parks and recreation, transportation, water and sewer, and other government services. The demand for private sector services is harder to project because the county ' s economy is not self-contained. New households may require a predictable volume of certain public services, but their private sector-related activities (shopping, entertainment, health care, and others) will not necessarily occur within the county. Thus a model developed for a region or metro area would yield inaccurate results if applied to Orange County. The most useful kind of model would be one that could predict a range of demand based on different assumptions about consumers - behavior. We will survey the relevant research for formulas or models applicable to Orange County s situation. We will also take into account objectives ( identified in the Definition section) that call for increased retail sales and services in the county. 3b_ Economic development acres as a function of --- residential acres The amount of land that the county should set aside for economic development depends largely on the county 's overall goals and priorities: the sort of residential environment the county wishes to maintain; the degree to which business development is needed to strengthen the tax base; and the perceived importance of creating employment opportunities close to home for county residents. These considerations will determine the enthusiasm with which the county encourages new service and retail businesses to meet the growing consumer demand. The same considerations will determine the county s receptivity to new "base employment, " including manufacturing, wholesale trade, and services to businesses -- i . e. any establishments not supported primarily by the demand from local households. The latter create jobs and contribute to the tax base but are not primarily a function of residential growth. In seeking models to guide the county in setting aside land for economic development, we would consider household- generated service and retail businesses separately from "base employment. " For the former, we will look for formulas that can translate the findings from "a" above into acres. It is less meaningful to project base employment as a function of residential development, but we can provide average ratios between acres of manufacturing (and other "base employment" ) and population. We can also use formulas that estimate jobs per acre for different kinds of business and industry, to predict how much land would be required for the various economic development scenarios to be identified above in the Definition section. -mac. Estimate the effect of economic development on county revenue By contributing to the county 's property tax and sales tax revenue, business and industry can help offset the public cost of residential development. However, business development also incurs costs to the county in increased demand for public services and infrastructure. Some types of business and industry generate more tax revenue than others, and some incur more costs than others. Estimates of expected benefits from economic development should be readily available; estimates of projected costs may be harder to find. We will review the research in this area to seek guidelines for calculating the cost and benefit to the county of various types of business and industry. 3d, _ .How far from residential areas should businesses be located? The question of where businesses should be located in order to protect the residential environment is an issue that depends heavily on the county's goals and values on what sort of residential environment is desired in different parts of the county. However, we will seek relevant rules of thumb from the planning literature. QUESTION 4: ASSESS DATA NECEESSARY TO UTILIZE FORMULAS AND MODELS After assembling suggested formulas and models in #3 above, we will determine the specific data needed to utilize the formulas. III . PRODUCTS We will produce a written report addressing the four questions in the Board of Commissioners ' resolution. The report will include a bibliography of reference materials. We will also make an oral presentation to the EDC and/or the project steering committee when the study is complete. In addition, midway through the project we will draft a discussion paper on alternative definitions of economic development. If EDC members so desire, we will participate in a discussion of alternative definitions. 1y, REQUIRED INPUT FROM COUNTY OFFICIALS AND STAFF We request the following from the EDC director: -- periodic discussions as questions arise during the course of the research; -- assistance in scheduling the roundtable discussion, if EDC members feel such a discussion would be fruitful ; -- review and comment on a draft of the report before it is finalized; -- photocopying of the final report (consultant will provide two copies. ) V. WORK PLAN AND STAFFING The primary consultant will be Sarah Rubin, who has ten years experience in research and planning related to economic development and employment. (See attached resume. ) She will be responsible for the planning, management, and completion of all work. tie. Rubin has lived in Orange County for six years. She will hire an assistanct, subject to approval by Sylvia Price. The work will occur between October 1 , 1987 and January 14, 1988, and will proceed as follows: 1 . Definition of Economic Development ** Library research ** Draft discussion paper on alternative definitions ** Roundtable discussion (optional ) .-...._.St.r'uctur'ing a ...Com_prehensive Plan ** Library research -- texts, journals, examples of plans on file ** Contact national organizations and local governments, as necessary, for more information ** Analyze materials - applicability to Orange County 3. Formulas and Models ** Library research -- texts, journals, etc. ** Analyze materials ' applicability to Orange County 4. Data Needs ** Assess what data is needed to utilize suggested formulas 5. Final Report and Oral Presentation ** Draft report ** Receive comments from EDC director and finalize report ** Make oral presentation VI . BUDGET 25 days @ $200/day = $5000.00 SARAH RUBIN Route 1,Box 201-F Durham,NC 27705 (919)967-4855 EDUCATION Master of City and Regional Planning (1977).Harvard University,Cambridge. MA. Areas of Specialization..Economic and Community Development Honors..Department Scholar,Best Workshop Award Bachelor of Arts,Psychology(1972).Oberlin College,Oberlin,Ohio. Honors:Dean's List EXPERIENCE ECONOMIC DEVELOPMENT CONSULTANT(1985- present) Conducted research on rural economic development strategies as part of MDC's Shadows in the Sunbelt study. Designed study, reviewed literature, conducted telephone interviews, co- authored report cataloging and assessing innovative economic development approaches. Participated in Southern Growth Policies Board's analysis of changing employment patterns in the nonmetro South. Designed study, analyzed data, co-authored report(After.the Factories) Currently conducting survey of rural development resources and activities for the new N. C. Rural Economic Development Center. RESEARCH ASSOCIATE(1979- 84) MDC. Inc. Chapel Hill,North Carolina Managed and participated in numerous studies related to economic development and employment and training. Responsibilities included research design, conducting interviews, analyzing data,supervising staff,writing reports. Among the projects were the following: •Rural Lab, a national study of state and local economic development strategies. •Monitoring and assessment of efforts to establish the Local Initiatives Support Corporation progam (an innovative approach to community economic development)in eastern North Carolina. •Study of the economic status of women in the rural South. *Staff to Southern Education Foundation Task force on "Linking Post- Secondary Education and Economic Development". •Staff to Governor Hunt's Blue Ribbon Commission seeking to establish a rural development center in North Carolina. •Technical assistance to South Carolina community colleges in training women for nontraditional occupations •Monitoring and assessment of numerous state and national demonstration employment and training programs. COMMUNITY DEVELOPMENT SUPERVISOR/SPECIALIST(1978- 79) Massachusetts State Employment and Training Council,Boston,MA. Responsible for community development efforts of innovative state agency. Supervised five- person unit with responsibility for technical assistance, grant management, and policy development. Advised local governments and community organizations on use of CETA for economic development, energy conservation, and housing rehabilitation. Produced written materials and workshops; negotiated with state and federal agencies to facilitate local program implementation. Developed CETA Job Creation concept and administered innovative Governor's grant program to assist community-based enterprise development. FIELD REPRESENTATIVE (1974-75) Kentucky Commission on Human Rights,Louisville, KY. Served as liaison between state agency and local civil rights groups in eight towns. Helped local groups plan strategies; analyzed local government compliance with public housing and school desegregation;negotiated with local officials. VISTA VOLUNTEER (1973-74) Louisville-Jefferson County Community Action Commission, Louisville,KY. Organized and managed inner-city food cooperative; obtained grant to establish co-op warehouse; conducted workshops on consumer problems,nutrition,and co-ops. REFERENCES . Available upon request. PUBLICATIONS for Rural Areas, with....Liindo. a Shaw, New Approaches, April Broadening of Economic Development: Rural April 1986. Aftei tFactories?_.._.._.Chan 5 i ng. Empioyment....-Patte-ne_ n the het , with Stuart Rosenfeld and Edward Bergman, Southern Growth Policies Board, Research Triangle Park, December 1985. "A Grassroots Development Strategy with Local Development Organizations, " with Emil Malizia, in Rural Development P'e_rsPect ives, U. S. Dept. of Agriculture, June 1985. LISC......and .....Economic Development in...._East ern_...North.....Carolina: ..... First Year Report, MDC, Chapel Hill, July 1984. Women in Nonmetro.., ol_itan... Southeast: What MDC, Chapel--. a�!P- -....--_ .. the 1980 ......--._.__...._......_...._.............. Census Tells Us,, co-author, MDC Cha el Hi 11 1983. "New Strategies for Rural. Economic Development, " with Emil Mal is ia, in Carolina Planning, vol .8, no. 1 , summer 1982. An Expanded .._Role +o, The Southern_-.Education Foundation.._...inLinking e ,y Ed u ationand Economic Development, co-author, Southern Education oundation, Atlanta, 1982. "The Folks Next Door: North Carolina 's Seafood Industrial Park at Wanchese, " with Jennifer Miller, South ern Exposure, vo i . X, no. .;,, Ma /June 1982. Faci i,itator :s.. Role in Collaborative Rural Development: The NorthlCai 1l,Carolina Laboratory,Tator .- . , eo-author, MDDC, 1981 . Concept....-.Paper_.._for a CETA Job_.,Creation. Program, Massachusetts State Employment and Training Council , Boston, 1978. CE TA: ....._Opportunities i n Food and Ac1r ii.cu l tore, co-author, ibid. CETA.-._and Energy Conservation, co-author, ibid. CETA_ and....-..Housing Rehabilitation, co-author, ibid. BOARD OF COMMISSIONERS MEETING SUMMARY FOR: Tuesday, September 22, 1987 - Chapel Hill NOTE: This Summary is organized according to the meeting's agenda and includes items which require Board and staff follow-up. Items not on the printed agenda appear where they occurred. See the meeting's agenda and abstracts in the Clerk's Office - 732-8181 ext. 505. A. BOARD AND MANAGERS COMMENTS The Intergovernmental Planning Committee has come to an agreement. The Board authorized notice of a public hearing on the agreement for October 14. The place of the public hearing will be announced. B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2 . Matters not on the Printed Agenda C. MINUTES The minutes for the meetings of August 24 and September 8 were approved as corrected by written, distributed changes. PUBLIC HEARING 1. Councilville CDBG Program The Councilville CDBG Program activities and accomplishments were summarized (see attachment) . Public comments included concerns about placing the mailboxes in front of residents' homes, putting up street signs, the quality of materials used and designating the area as Councilville with a sign. Expressions of appreciation for the project were also made. The Department of Housing and Community Development and the Manager were asked to follow up on the concerns about mailboxes and road signs. Material quality is governed by resource limitations and CDBG funds were not targeted for a community sign. NACO ACHIEVEMENT AWARD PRESENTATION Chair Marshall presented National Association of Counties Achievement Awards to four department representatives. They were: 1) Department on Aging--Jerry Passmore, Director, accepted the award for the Volunteer Income Tax Assistance Program. 2) Commission for Women--Miriam Saxon, Chair, accepted the award for the Business Women's Roundtable. BOARD OF COMMISSIONERS MEETING SUMMARY -� SEA 22, 1987 PAGE 2 3) Planning Department--Jane Sparks, Data Processing Department, accepted the award for the Computerized Permit Process. 4) Recreation and Parks, Lorraine Parker, Recreation and Parks Advisory Council Chair, accepted the award for the Nature Enrichment Program in Orange County Schools. Special mention was made of Steve Law's contribution to the program (formerly District Supervisor in the department) . . D. RESOLUTIONS OR PROCLAMATIONS The Board proclaimed the week of October 4-10, 1987 as "National 4-H Week" in Orange County and urged "all of our people to encourage and support the work of the 4-H clubs. " E. REPORTS 1. Employee Smoking Survey Interim Manager, Albert Kittrell, reported on the progress of the Employee Smoking Survey. The survey was distributed through payroll on September 18. The committee conducting the survey will make a final report to the Board on November 2. 2. Citizen Comment Procedure Interim Manager, Albert Kittrell, reported on the development of a centralized internal tracking system for citizen comments. The system includeds a procedure and a form that can be routed. 3 . Information Card A newly developed information card was distributed to the Board and its use explained. F. ITEMS FOR DECISION--CONSENT AGENDA All of the Consent Agenda items were approved: 1. Respite Care Block Grant--was approved and Chair authorized to sign. 2. Transportation Driver Provision Contract with OPC Mental Health Center--was approved and Chair authorized to sign. 3 . 1987-88 Workplan for Re-mapping Project, completion of Phase 3 and GIS Exploration--was approved. 4. Budget Amendment--Soil and Water--to include the $12, 000 appropriation from USDA, Soil Conservation Service, in the Orange Soil and Water Conservation District's 1987-88 budget-- was approved. BOARD OF COMMCSSIONERS MEETING SUMMARY SEPTEMBER 22, 1987 PAGE 3 5. Rental Rehabilitation Contract--execution of the FY86 Memorandum of Understanding--was approved and Chair authorized to sign. 6. Economic Development Commission Preliminary Study Contract--was approved and Chair authorized to sign. 7. Lease and Sublease Town of Chapel Hill; Employment Security Commission--a lease from October 1, 1987 through September 30, 1988 between the Town of Chapel Hill and the County and a sublease between the County and the Employment Security Commission-- was approved and the Chair authorized to sign. 8. Resolution for Earl Walker Assessment--was approved and Chair authorized to sign. G. ITEMS FOR DECISION--REGULAR AGENDA 1. Environmental Affairs Board Report Chair David Moreau reported to the Board. Hazardous Material EAB requested that the Planning Department be directed to proceed with identification of areas of the County which are sensitive to unplanned disposal of hazardous waste. EAB asked that the Health Department be directed to develop public education programs regarding the County Emergency Response Team, Right to Know regarding hazardous materials and proper disposal of hazardous wastes. Natural Resources EAB asked that special attention be given to protection of the N. C. Botanical Garden and those sections of Duke Forest located in Orange County. Water Resources EAB asked the Board to consider adopting an ordinance requiring posting of a performance bond on private wastewater package plants. The Board asked the Interim, Manager to refer this suggestion appropriately and report back to the Board. EAB asked the Board to direct the Health Department to conduct a sanitary survey of County watersheds in 1987 and to repeat that survey at intervals not exceeding three years. EAB requested Board authorization to undertake a study of stormwater management options, the final report to be delivered no later than May 1, 1988. s BOARD OF COM IISSIONER.S MELTING SUMMARY ••• _. SEPTEMBER 22, 1987 PAGE 4 Solid Waste EAB requested a more defined role from the Board regarding solid waste. Such definition could be derived from the Board authorizing EAB to continue its oversight of the bi-county solid waste study and to make recommendations to enhance the County's coordination with Chapel Hill and Carrboro's recycling program. EAB requested that the Board strongly urge UNC to consider the use of Refuse Derived Fuel (RDF) in the planned campus power- plant. The Board voted to write a letter to the University requesting such consideration and a meeting to further discuss the issue. Future of the Environmental Affairs Board The Board voted to continue the EAB indefinitely and directed EAB to adopt by-laws. The Board voted to assign EAB the tasks of reviewing the Local Environmental Impact Statement Ordinance before November 23, 1987 and to review/comment/offer recommendation on the OWASA Sludge Application in Bingham Township by April 1, 1988. 2. County Capital Policies--(see attached) --were adopted. 3 . Senior Citizens Ordinance Amendment--The name change to County Advisory Board on Aging was approved. The request to increase the size of the Board from nine to fifteen was not approved. The Board agreed to an increase to twelve members. 4. Computer Needs for Board of Commissioners' Office--Option One was approved. ADDED ITEMS: The Board voted to send a letter to Steve Cruise and Dave Maner of Duke Power Company asking for suggested handling alternatives to burial of solid waste. H. APPOINTMENTS - Private Industry Council--Marti Pryor-Cook, Dan Lunsford, Mildred Council One vacancy (Rehabilitation Community) - Human Services Advisory Commission--Jim Garland Two vacancies (Mental Health Advisory Council on Aging) Commission for Women--Ann Johnson, Marion O'Malley Two vacancies (Hillsborough, Cheeks) Economic Development Commission--James Gibson One vacancy (Carrboro) - - BOARD OF COMMISSIONERS MEETlIG SUMMARY SIMMENHMR22, 1987 PAGE 5 Advisory Council on Aging--no recommendations One vacancy (Carrboro) - Domiciliary Home Community Advisory Committee--Randy Brantley Three vacancies (at-large) - Health and Medical Care Advisory Board--will be readvertised One vacancy (at-large) - Nursing Home Community Advisory Committee--resumes being con- sidered One vacancy (public sector) I. ADJOURNMENT - The meeting adjourned at 9:35 p.m. Orange County C.A.T. Driver Agreement This agreement entered into this 1st. day of October, 1987 by and between the County of Orange on behalf of the Department on Aging, hereinafter referred to as the"County" and Orange-Person-Chatham Mental Health Center, Inc. on behalf of Children 's Learning Center hereinafter referred to as "OPCMH. The purpose of this agreement is to outline the conditions under which the County and OPCMHC will cooperatively provide human service transportation under the C.A.T. (Coordinated Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1 . To provide a certified driver for Children's Learning Center Southern Orange route Monday through Friday for daily pick-up and take home of clients between the hours of 7:15 - 9:00 a.m. and 2: 15 - 4:00 p.m. 2. To provide back-up drivers in case the regular driver is not available due to pre-arranged absences. 3. To employ a C.A.T. Transportation Supervisor to handle any problems and to assure there is a driver available. SPECIFIC RESPONSIBILITIES OF OPC MENTAL HEALTH CENTER 1. To reimburse Orange County at $6.50 per hour for a three hour minimum each day of operation within 30 days after billing. 2. To provide and pay for specialized training in the areas of client behavior interaction techniques with clients/families, med- ical management including CPR and first aid training and, any other procedures specific to the Children' s Learning Center program and route. - The term of this contract shall be from October 1 through June 30, 1988 unless sooner terminated by either party giving 30 days price-~ written notice to the other party of intention to terminate. IN WITNESS WHEREOF, Orange County and Orange-Person-Chatham Mental Health Center, Inc. have executed the Agreement of the date first written above. County of Orange Orange-Person-Chatham Mental Health Center 114117 BY: e ' G � Chair �- - �esi-noted By: � ' 7 Official Chair or D -signi/ed Official Date: .26'_ Y Date: COOPERATIVE AGREEMENT Agreement No. A--4532-48 between the ORANGE SOIL AND WATER CONSERVATION DISTRICT and the SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE This agreement is entered into this day of SFp}E,K , 19 41 , by and between the Orange Soil and Water Conservation District (District) , and the United States of America, acting by and through the Soil Conservation Service, United States Department of Agriculture (Service) , to provide federal financial assistance to the District. I. Authority Food Security Act of 1985, 16 U.S.C. § 3801 et. seg., and the Soil Conservation and Domestic Allotment Act, as amended, 16 U.S.C. § 590 a-f. This is a cooperative agreement as defined in the Federal Grant and Cooperative Agreement Act, 31 U.S.C. § 6301 et. sea. , and Office of Management and Budget Circular A-102. II. Purposes and Objectives Under the provisions of Title XII of the Food Security Act of 1985, the Service is assigned responsibility to make determinations relating to identification of highly erodible lands and wetlands and to assist owners and operators with the development and implementation of conservation plans and systems. The District is a subdivision of state government empowered under state law to establish and administer a . program of soil and water conservation. Under Title XII of the Food Security Act, conservation districts are assigned responsibility for approving conservation plans and systems. This agreement is intended to further the implementation of the Food Security Act. This agreement will (1) assist the District in gathering facts and in preparing documentation to form the basis for determinations of highly erodible land, wetlands, converted wetlands and minimal effects of wetland conversion and (2) assist the District in providing assistance to landowners and landusers in the development and implementation of conservation plans and systems. This assistance will more rapidly implement the conservation provisions of the Food Security Act of 1985. III. The District Agrees to do the Following: A. To perform any or all of the following items of work as designated by the Service: Page 2 of 5 pages, Agreement No. A-4532-48 1. Gather facts, conduct analysis and prepare documentation to form the basis for 600 highly erodible land determinations to be charged to assistance advances at the rate of $20.00 per determination. B. Perform Item of Work No. 1 as specified in the SCS National Manual for Assisting ASCS Cost Share Programs. In no case shall the District make any final determination required by the Act, i.e. , sign off on the form SCS-CPA-026, Highly Erodible Land and Wetland Conservation Determination. The above referenced material is available in all SCS field offices and the Service shall make it available upon request by the District. C. For accounting purposes, notify the Service monthly of items of work performed. Monitoring and reporting will be done pursuant to Attachment I of Office of Management and Budget Circular A-102. D. Comply with all of the provisions of Office of Management and Budget Circular A-102 and audit guidelines of Circular A-128, both of which may be amended from time to time and which are herein incorporated by reference. Copies of both of these documents will be provided to the District by the Service. E. Comply with the nondiscrimination provisions of Title VI of the Civil Rights Act of 1964, and other nondiscrimination statutes; namely, Section 504, Title IX, and the Age Discrimination Act of 1975, and in accordance with the regulations of the Secretary of Agriculture (7 CFR-15, Subparts A & B) which provide that no person in the United States shall, on the grounds of race, color, national origin, age, sex, religion, or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or any agency thereof. F. Give the Service or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. IV. The Service Agrees to do the Following: A. Provide technical supervision, guidance and training as determined by the Service to be adequate, to enable the District to carry out its responsibilities under this _agreement. If the Service is unable to maintain such support, the District's requirements will be adjusted by mutual agreement. Page 3 of 5 pages, Agreement No. A-4532-48 B. Advance assistance funds to the District pursuant to this agreement with requests submitted on Standard Form 270. Advances will be made to satisfy immediate disbursement needs on a monthly basis. However, the Service may make disbursements at any time it determines it to be necessary to facilitate the purposes of this agreement. C. Upon notification of the completion of an item of work, the Service shall promptly review the performance of the District to determine if it has met the specifications for that item. Approval of such performance shall be required prior to such item being charged against assistance advances. V. It is Mutually Agreed: A. The total amount of assistance which may be provided to the District under this agreement is $12,000.00. B. This agreement shall be effective on the date appearing in the first paragraph and shall continue in effect through September 30, 1988. It may be renewed for subsequent fiscal years by an exchange of correspondence between the State Conservationist acting for the Service and the Chairman of the District Board acting for the District. - C. This agreement may be terminated by either party hereto by written notice to the other party at least 30 days in advance of the effective date of the termination. D. It is the intent of the Service to fulfill its obligations under this agreement. However, the Service cannot make commitments in excess of appropriated funds authorized by law or administratively made available. If the Service cannot fulfill its obligations because of lack of appropriated funds, this agreement will automatically terminate. E. In the event that this agreement is terminated for any reason, the financial obligations of the parties will be as set forth in Paragraph 3 of Office of Management and Budget Circular A-102, Attachment L. F. No member of, or delegate to, Congress, or resident commissioner after his election or appointment, and either before or after he has qualified, and no officer, agent, or employee of the government shall be admitted to any share or part of this agreement, or any benefit to arise therefrom. The provision herein with respect to the interest of members of, or delegates to, Congress, and resident commissioners shall not be construed to extend to any incorporated company where such agreement is made for the general benefit of such incorporated company. Page 4 of 5 pages, Agreement No. A-4532-48 G. No officer, agent or employee of the District shall participate, directly or indirectly, in any work agreed to in this agreement on his or her own land or on the land of any other officer, agent or employee of the District. H. Employees of the District shall not be considered federal employees for any purpose under this agreement. I. The District will cooperate, as appropriate, with the Service in the event of the appeal of any decision of the Service which is based upon any item of work performed by the District under this agreement. J. Any dispute between the District and the Service arising under this agreement that cannot be resolved at the District Conservationist level will be referred to the Area Conservationist. Unless reviewed by the State Conservationist, the Area Conservationist shall be the highest level for dispute resolution. If the dispute cannot be resolved at the Area Conservationist level, the State Conservationist, in consultation with the State Soil Conservation agency, may attempt to effect a resolution. It is agreed that this is not a contract subject to the Contract Disputes Act, 41 U.S.C. 601, et. seq. K. This agreement may be amended by the State Conservationist acting for the Service and by the Chairman of the District Board acting for the District. VI. Definitions A. All terms herein which are defined in the Food Security Act of 1985 and implementing regulations & CFR Parts 12, 614, 1940, 1941, 1943, 1945, and 1980 shall have the same definitions for purposes of this agreement. B. The term "Training" means providing opportunities to obtain the skills and knowledge needed to complete the agreed upon items of work. C. The term "Technical Supervision" means providing ,the day-to-day guidance needed and/or requested to carry out satisfactorily the items of work agreed upon in this agreement. D. The term "Conservation planning" means the gathering of information and preparation of materials for use in development of conservation plans, in conformity with the local SCS Service field office technical guide, for individuals or groups; and arranging for and conducting group conservation planning meetings. Page 5 of 5 pages, Agreement No. A-4532-48 E. The term "Determination" means a decision by the Service, under 7 CFR Part 12, on the identification of highly erodible lands, wetlands, converted wetlands, and whether the conversion of wetland for agricultural commodity production would have a minimal effect on the hydrological and biological aspect of wetland. ORANGE SOIL AND WATER CONSERVATION DISTRICT BY: �4 2 i�+r r e 1 TITLE: Chairman DATE: 95-F f7GEM , 0/ /9p, UNITED STATES DEPARTMENT OF AGRICULTURE L CON ERVATION SERVICE BY: TITLE: Sta Conservationist DATE: ,1 b MEMORANDUM OF UNDERSTANDING (SEC E IVE-Q RENTAL REHABILITATION PROGRAM 1986 BONUS ROUND ADDITIONAL FUNDING This Memorandum of Understanding (hereinafter referred to as the "Agreement") is between the Town of Chapel Hill (hereinafter referred to as the "City"), the Orange County Department of Housing and Community Development (hereinafter referred to as the "PHA") and the North Carolina Housing Finance Agency (hereinafter referred to as "NCHFA") . This Agreement sets forth the obligations of the parties in conducting the Rental Rehabilitation Program (hereinafter referred to as the "Program") having the primary goals described in the Notice entitled "Rental Rehabilitation Program; interim rule" published in Volume 49 No. 78 of the "Federal Register" at pages 16936 - 16957 April 20, 1984 (hereinafter referred to as .the "Notice") . WHEREAS, the NCHFA is currently administering the Rental Rehabilitation Program for small cities in North Carolina; and WHEREAS, the United States Department of Housing and Urban Development (HUD) on September 25, 1986 submitted to the NCHFA notification of approval of the Program Description and the award of $714,000 in Rental Rehabilitation Program grant funds and an accompanying 142 Section 8 Housing Assistance Vouchers; and WHEREAS, the City submitted an application to the NCHFA requesting determination of eligibility to participate in the Program; and WHEREAS, the NCHFA has awarded to the City a Fiscal Year 1986 Rental Rehabili- tation Program Fund Reservation in the amount of $7,000 and, WHEREAS, the PHA administers the Section 8 Housing Assistance Payments Program for the City; and WHEREAS, the City has the administrative and legal capacity to locally administer the Program. NOW, THEREFORE, all parties hereby agree as follows: 1. Compliance with Federal Register "Notice. The parties hereto agree to carry out the Rental Rehabilitation Program in a manner which conforms with the provisions of the Notice and all other applicable ' Federal and State laws. 2. Commitment of Public Funds. The City agrees that it will commit adequate local public funds for the local administration of the Program. The City represents that it currently has the amount of local public funds unconditionally available for such commitment. 3. Performance. The City agrees to carry out its Rental Rehabilitation Program in accordance with the schedule in its Program Design as submitted to and approved by the NCHFA. 4. Tenant Assistance and Displacement. The City agrees to implement and operate its Program in accordance with its Tenant Assistance and Displacement Policy as submitted and approved by the NCHFA. 5. Affirmative Marketing. The City agrees to implement and operate its Program in accordance with its Affirmative Marketing Plan as submitted and approved by the NCHFA. 6. Agreements with Investor/Owner. The City agrees to enter into an agreement with each investor/owner receiving Program assistance which provides for a recapture of the Program assistance should the investor/owner convert the assisted project to condominiums, discriminate against prospective tenants on the basis of their receipt of or eligibility for public rental assistance programs or discriminate against prospective or existing tenants on the basis of their having (or proposing to have) a minor child or children living with them unless the assisted project is an elderly project. This Agreement will constitute a lien against the assisted project. 7. Eligible Projects. The City may include a project in the Program if it meets all of the requirements of the Notice and any additional project eligibility requirements as outlined in the City's Program Design. 8. Provision of Information. The City agrees to provide the NCHFA with any data, information or assistance that the NCHFA deems necessary to allow the NCHFA to monitor and evaluate the Program including, but not limited to, information regarding rehabilitation financing and any relocation of tenants occupying the building prior to rehabilitation and the specific relocation measures used in each case. 9. Notice to PHA. The City agrees to give the PHA twenty (20) days of notice of the actual need for issuance of Section 8 Housing Vouchers for the City's Program or the maximum feasible notice possible. This notice will state the number of Section 8 Certificates and/or Housing Vouchers needed and the Bedroom sizes. 10. Administration of Section 8 Assistance. The PHA agrees to administer the Section 8 Existing. Housing Voucher Program funding provided by HUD for the City's Program in accordance with: a. Section 8 and other applicable laws; b. The regulations in 24 CFR Part-882; and c. Other HUD regulations and requirements including the Annual Contributions Contract (ACC) between HUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by HUD. 11. Tenant Certification. The PHA agrees, upon notice by the' City of the projects approved for Rental Rehabilitation Program assistance, to determine the eligibility for Section 8 Assistance of the families residing in the projects to be rehabilitated. The PHA further agrees to refer to the investor/owner of rehabilitated, vacant projects eligible Section 8 existing voucher holders for the initial occupancy of any vacant rehabilitated unit(s) . 12. Technical Assistance. The North Carolina Housing Finance Agency agrees to provide to the City technical assistance to assist in designing and implementing an effective Program to the extent that the Agency determines feasible within statutory and budgetory limitations. City of Chapel Hill C September 27, 1987 Mayor Date Orange County _ using Authority t1-4'44-e--e September 22, 1987 Name Date Chair, Orange County Board of Commissioners Title NORT CAROLINA HOUSING FINANCE AGENCY fi I I r- October 1, 1987 Name Date Executive Director Title ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH,•SBOROUGH, N. C. 27278 MOSES GREY,JR. STEPHEN H.HALKIQTIS JOHN HARTWELL SHIRLEY E.MARSHALL COUNTY OF ORANGE DON WILLHOIT P R O C L A M A T I O N WHEREAS: Orange County's 4-H members and leaders are observing National 4-H Week, October 4-10, 1987, and WHEREAS: Four-H is an integral part of the U.S. Department of Agriculture and the land-grant university system in each state. In North Carolina, the North Carolina Agricultural Extension Service, headquartered on the campuses of North Carolina State University and A & T State University, provides a professional leadership base for the 4-H program. Extension staffs in each county-professionals and parapro- fessionals-and adult and teen volunteers carry out the program at the local level . WHEREAS: 4-H members working with educational learn-by-doing projects put into practice new skills and science as they arrive "To Make the Best Better," the motto of 4-H Club work; and WHEREAS: The citizenship and leadership t-raining which 4-H members receive in this program is a valuable asset to our democratic way of life; ..now..:_. - THEREFORE:'"--We-, .County._Board of .Commissioners, County of Orange; do hereby proclaim October 4-10, 1987 as "NATIONAL 4-:H WEEK" in Orange County, and urge all of our people to -- encourage and support the work of the 4-H Clubs. • hirle . Marshall , Chair Orange Co my Board of Commissioners This the 22nd day of September, 1987. • ti x'tti,1 � _`S S 1TL7.1 w a ORANGE COUNTY CAPITAL POLICIES 1. Eighty percent (80%) of the original half-cent sales tax revenue and sixty percent (60%) of the additional half-cent sales tax revenue shall be dedicated to school capital expenditures. Such expenditures shall be limited to acquisitions Of or improvements to land, buildings, and equipment costing $50,000 or more. Any year in which such revenues exceed such expenditures, the excess shall be transferred to the School Capital Reserve Fund. 2. Monty percent (200) of the original half-cent sales tax revenue and forty percent (40%) of the additional half-cent sales tax revenue shall be dedicated to county capital expenditures. Such expenditures shall be limited to acquisitions of or improvements to land, buildings, and equipment costing $30,000 or more. Any year in which such revenues exceed such expenditures, the excess shall be transferred to the County Capital Reserve Fund. 3. The, School Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for school purposes costing $50,000 or more. 4.. The. County Capital Reserve Fund shall be used to accumulate funds for acquisitions of or improvements to land, buildings, and equipment for county purposes costing $30,000 or ,more. 5. A vehicle Capital Reserve Fund shall be established and used to accumulate funds for the' acquisition of county vehicles. 6. Each. year, an amount equal to $800,000 minus the amount required for that year's . debt service on school bonds issued prior to the 1987-88 fiscal year shall be appropriated in the. General Fund budget and transferred to the School Capital Reserve Fund. 7. Debt incurred under the "two-thirds net debt reduction" rule shall be limited to instances: where the health and safety of Orange County citizens are threatened. 8. The amount to be appropriated to each school system for recurring capital expenditures shall be $750,000. This appropriation shall be in effect for a period of at least five years and includes funds for roof repairs. 9. County capital expenditures with a cost of $30,000 or more and a useful life of at least five years shall be considered capital projects and accounted for in capital project funds. 10. During each fiscal year, the Board shall adopt a Five-Year Capital Improvement Program. The Five-Year Program shall include anticipated county capital expenditures . costing $30,000 or more and anticipated school capital expenditures costing $50,000 or more, as well as available financing sources. The first year of the adopted Five-Year Capital Improvement Program shall be incorporated into the next annual operating budget recommended to the Board by the County Manager. rage 2 Orange County Capital Policies Adopted this 22nd day of September, 1987. • Chair, Or e County Board of Commissioners ATTEST: Clerk, Orange t+ounty B- -rd of Commissioners ORANGE COUNTY COMMISSIONERS 106 EAST).01ARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H_HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT September 24, 1987 Mr. Dave Maner, Area Manager Duke Power Company 120 Homestead Road Chapel Hill, NC 27514 Pr Dear M At the Board of Commissioners meeting held on September 22, Commissioner Stephen Halkiotis added an item to the agenda requesting assistance from Duke Power in examining alternatives to the landfill operation in Orange County. The purpose of this letter is to set up a meeting between Duke Power and the County to explore some of the alternatives that may be available here in Orange County that will help expand the life of the present landfill such as the use of Refuse Derived. Fuel for steam. - - We would `appreciate you providing us with some dates that you would be available to meet with -members of the Board of Commissioners and - other members - of the County administrative staff. Thank you. Sincerely, //44-1---.0 Shirley E. Marshall, Chair Board of Commissioners /bab File cc: Steve Cruise ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOrIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT October 20, 1987 John W. Downs CDBG Program Director N.C. Department of Natural Resources and Community Development Division of Comunity Assistance P.O. Box 27687 Raleigh, N.C. 27611 7687 Re: CDBG Grant Number: 83-C-6654 Dear Mr. Downs: This correspondence transmits the following required documents for official closeout of the above referenced grant: 1 -- Certificate of Completion: .:- -, 2 - Copy of..the Final Audit. _ `-` •�Mr.R' Also, this letter serves a tion s-certificat .. ". :: ;that �a final Public Hearing was held on Tuesday;:;September_ 22T_1987_in__Chapel, Hill, N.C. during a regular Commissioners Meeting to receive citizen comments regarding the County's performance_; in administering_ -the grant.. program. Public comments received. included concern s- about--placing - the., mailboxes in front of the .residents': homes,;;`installing_street_ signs,, the quality of materials used for housing rehabilitation and designating-the area as Councilville with-_a sign. -_Additionally expressions of appreciation were made. — _ __. In response to these comments, the Board asked the Manager and the Housing and Community Development Department to follow up on concerns about mailboxes and road signs. Additionally, the Commissioners advised that the material quality of goods used for rehabilitation is governed by resource imitations and CDBG funds were not targeted for a community sign. If you need further information, please contact Tara L. Fikes, Housing Services Director at (919)732-8181. Sincerely, g:14/1144.--4-4<-- Shirley . arshall Chair Page 2 ,Orange County Capital Policies Adopted this 22nd day of September, 1987. air, e County Board of Commissioners ATTEST: a0P ! ° dOr lerk, Oran - County Boar. .f Commission:" s CERTIFICATE OF COMPLETION row_ 1. NAME OF RECIPIENT County of Orange 3. PROJECT NUMBER C-1 2. GRANT NUMBER 83—C-6654 4. PROJECT NAME Councilville 5. FINAL STATEMENT OF COST TO BE COMPLETED BY RECIPIENT TO BE COMPLETED BY NRCD PAID UNPAID TOTAL COSTS APPROVED PROGRAM ACTIVITY CATEGORIES COSTS COSTS (COL. b&c) TOTAL COSTS (a) (b) (c) (d) (e) Activity a. Acquisition $ 39,335 , $39,335 b. Disposition c. Public facilities & improvements - - (1) Senior & Handicapped centers (2) Parks, playgrounds & recreational facilities (3) Neighborhood facilities (4) Solid waste disposal facilities (5) Fire protection facilities & equipment (6) Parking facilities (7) Public utilities, other than water and sewer ` (8) Water and sewer improvements (9) Street improvements 241,073 241,073 - (10) Flood & drainage improvements (11) Pedestrian improvements ` (12) Other public facilities d. Clearance activities 7,900 7,900 e. Public services f. Relocation assistance 34,970 34,970 g. Construction, rehabilitation and preservation activities (1) Construction or rehabilitation of commercial and industrial bldgs. (2) Rehabilitation of privately owned dwellings 266,822 266,822 (3) Rehabilitation of publicly owned dwellings (4) Code enforcement (5) Historic preservation - h. Development financing (1) Working capital (2) Machinery and equipment i. Removal of architectural barriers j. Other activities k. SUBTOTAL 590,000 590,000 I. Planning m. Administration , 98,103 n. TOTAL 688,203 688,203 o. Less: Program Income Applied to Program Costs 1,203 1,203 p. Equal: Grant Amount Applied to Program Costs 687,000 687,000 6, COMPUTATION OF GRANT BALANCE TO BE TO BE COMPLETED BY COMPLETED BY RECIPIENT NRCD APPROVED DESCRIPTION AMOUNT AMOUNT (a) (b) (c) (1) Grant Amount Applied to Program Costs (From Line p) $687,000 (2) Estimated Amount for Unsettled Third-Party Claims (3) Subtotal 687,000 (4) Grant Amount per Grant Agreement(s) 687,000 (5) Unutilized Grant to be Cancelled (Line 4-minus 3) (6) Grant Funds Received 687/000 (7) Balance of Grant Payable (Line 3 - minus 6)' —0— *If Line 6 exceeds Line 3, enter the amount of the excess on Line 7 as a negative amount. This amount shall be repaid to NRCD by check, unless NRCD has previously approved use of these funds (describe in block 8 below). CDBG#1 18 (3-84) r--�v • j 7, UNPAID COSTS & UNSETTLED THIRD-PARTY CLAIMS List any unpaid costs and unsettled third-party claims against the recipient's grant. Describe circumstances and amounts involved. N/A ❑ Check if continued on additional sheet and attach. 8. REMARKS 9. CERTIFICATION OF RECIPIENT It is hereby certified that all activities undertaken by the Recipient with funds provided under the grant agreement identified on page 1 hereof, have, to the best of my knowledge, been carried out in accordance with the grant agreement;that proper provision has been made by the Recipient for the payment of all unpaid costs and unsettled third-party claims identified on page 1 hereof; that the State of North Carolina is under no obligation to make any further payment to the Recipient under the grant agreement in excess of the amount identified on Line 7 hereof; and that every statement and amount set forth in this instrument is, to the best of my knowledge, true and correct as of this date. DATE TYPED NAME AND TITLE OF RECIPIENT'S SIGNATURE OF REC PIENT'S AUTHORIZED REPRESENTATIVE AUTHORIZE REPR ENTATIVE g 2 .--r7 Shirley E. Marshall, Chair Orance County Board of Commissioners ,e . 10. NRCD APPROVAL This Certification of Completion is hereby approved.Therefore, I authorize cancellation of the unutilized contract commitment and related funds reservation and obligation of$ , less $ previously authorized for cancellation. (from Section 6, line 5, page 1) DATE TYPED NAME AND TITLE OF NRCD SIGNATURE OF NRCD AUTHORIZED OFFICIAL AUTHORIZED OFFICIAL -CDBG#118 (3-84) MEMORANDUM OF UNDERSTANDING RECEIVE O-' E% 19� RENTAL REHABILITATION PROGRAM 1986 BONUS ROUND ADDITIONAL FUNDING This Memorandum of Understanding (hereinafter referred to as the "Agreement") is between the Town of Chapel Hill (hereinafter referred to as the "City") , the Orange County Department of Housing and Community Development (hereinafter referred to as the "PHA") and the North Carolina Housing Finance Agency (hereinafter referred to as "NCHFA") . This Agreement sets forth the obligations of the parties in conducting the Rental Rehabilitation Program (hereinafter referred to as the "Program") having the primary goals described in the Notice entitled "Rental Rehabilitation Program; interim rule" published in Volume 49 No. 78 of the "Federal Register" at pages 16936 - 16957 April 20, 1984 (hereinafter referred to as the "Notice") . WHEREAS, the NCHFA is currently administering the Rental Rehabilitation Program for small cities in North Carolina; and WHEREAS, the United States Department of Housing and Urban Development (HUD) on September 25, 1986 submitted to the NCHFA notification of approval of the Program Description and the award of $714,000 in Rental Rehabilitation Program grant funds and an accompanying 142 Section 8 Housing Assistance Vouchers; and WHEREAS, the City submitted an application to the NCHFA requesting determination of eligibility to participate in the Program; and WHEREAS, the NCHFA has awarded to the City a Fiscal Year 1986 Rental Rehabili- tation Program Fund Reservation in the amount of $7,000 and, WHEREAS, the PHA administers the Section 8 Housing Assistance Payments Program for the City; and WHEREAS, the City has the administrative and legal capacity to locally administer the Program. NOW, THEREFORE, all parties hereby agree as follows: 1. Compliance with Federal Register "Notice. The parties hereto agree to carry out the Rental Rehabilitation Program in a manner which conforms with the provisions of the Notice and all other applicable ' Federal and State laws. 2. Commitment of Public Funds. The City agrees that it will commit adequate local public funds for the local administration of the Program. The City represents that it currently has the amount of local public funds unconditionally available for such commitment. 3. Performance. The City agrees to carry out its Rental Rehabilitation Program in accordance with the schedule in its Program Design as submitted to and approved by the NCHFA. 4. Tenant Assistance and Displacement. The City agrees to implement and operate its Program in accordance with its Tenant Assistance and Displacement Policy as submitted and approved by the NCHFA. 5. Affirmative Marketinf. The City agrees to implement and operate its Program in accordance with its Affirmative Marketing Plan as submitted and approved by the NCHFA. 6. Agreements with Investor/Owner. The City agrees to enter into an agreement with each investor/owner receiving Program assistance which provides for a recapture of the Program assistance should the investor/owner convert the assisted project to condominiums, discriminate against prospective tenants on the basis of their receipt of or eligibility for public rental assistance programs or discriminate against prospective or existing tenants on the basis of their having (or proposing to have) a minor child or children living with them unless the assisted project is an elderly project. This Agreement will constitute a lien against the assisted project. 7. Eligible Projects. The City may include a project in the Program if it meets all of the requirements of the Notice and any additional project eligibility requirements as outlined in the City's Program Design. 8. Provision of Information. The City agrees to provide the NCHFA with any data, information or assistance that the NCHFA deems necessary to allow the NCHFA to monitor and evaluate the Program including, but not limited to, information regarding rehabilitation financing and any relocation of tenants occupying the building prior to rehabilitation and the specific relocation measures used in each case. 9. Notice to PHA. The City agrees to give the PHA twenty (20) days of notice of the actual need for issuance of Section 8 Housing Vouchers for the City's Program or the maximum feasible notice possible. This notice will state the number of Section 8 Certificates and/or Housing Vouchers needed and the Bedroom sizes. 10. Administration of Section 8 Assistance. The PHA agrees to administer the Section 8 Existing,Housing Voucher Program funding provided by HUD for the City's Program in accordance with: a. Section 8 and other applicable laws; b. The regulations in 24 CFR Part-882; and c. Other HUD regulations and requirements including the Annual Contributions Contract (ACC) between HUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by HUD. 11. Tenant Certification. The PHA agrees, upon notice by the City of the projects approved for Rental Rehabilitation Program assistance, to determine the eligibility for Section 8 Assistance of the families residing in the projects to be rehabilitated. The PHA further agrees to refer to the investor/owner of rehabilitated, vacant projects eligible Section 8 existing voucher holders for the initial occupancy of any vacant rehabilitated unit(s). 12. Technical Assistance. The North Carolina Housing Finance Agency agrees to provide to the City technical assistance to assist in designing and implementing an effective Program to the extent that the Agency determines feasible within statutory and budgetory limitations. City of Chapel Hill r1 ' September 27, 1987 Mayor Date Orange County using Authority September 22, 1987 Name Date Chair, Orange County Board of Commissioners Title NORT CAROLINA HOUSING FINANCE AGENCY 4/4otAa— October 1, 1987 Name Date Executive Director Title