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HomeMy WebLinkAboutAgenda - 10-20-1987 ■ ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, OCTOBER 20, 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 AND DECISION 002 * 1. Moriah Hill Road and Timberly Drive--Assessment Roll 013 * 2 . Readoption of Local Sales Tax D. RESOLUTIONS OR PROCLAMATIONS E. REPORT AND DECISION 021 1. Day Care Funding PAGE # F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 024 * 1. Fire Protection Contract 030 * 2 . Acceptance of a Matching Grant from the State's Land Records Management Program for the 1987-88 Re- Mapping Workplan 041 3 . Workplan--Housing Task Force Recommendations 045 4. Duke Forest--Greenway Access Policy G. ITEMS FOR DECISION--REGULAR AGENDA 057 * 1. Emergency Shelter Grant Application 068 * 2 . Water and Sewer Policy 070 3 . Memorandum of Understanding--Eno River State Park 081 4 . Town of Hillsborough Request--Relinquishment by Orange County of Administration of Subdivision Regulations 099 5. House Numbering--Hideaway Estates Subdivision 103 6. Animal Control Ordinance 104 7 . Continuation of Intergovernmental Work Group H. APPOINTMENTS EXECUTIVE SESSION--LITIGATION AND DISCUSSION OF COUNTY MANAGER APPLICANTS (IF TIME PERMITS) I. ADJOURNMENT (*) Indicates items that need immediate attention. m. APPROVED JUNE 6, 1988 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 20, 1987 The Orange County Board of Commissioners met in regular session on October 20, 1987 at 7: 30 p.m. in the courtroom of the Old Post Office in Chapel Hill, NC. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/Personnel Director Beverly M. Whitehead, Interim Management Analyst/Coordinator Commission for Women Andi Reynolds, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious, Planning Director Marvin Collins, Social Services Director Marti Pryor-Cook, Housing and Community Development Director Tara Fikes and Planner Greg Szymik. A. BOARD AND MANAGER'S COMMENTS By request of Commissioner Hartwell Item 8 was added under "Items for Decision" to discuss the letter received from Chatham County regarding water and Item 9 was added for distribution and discussion of the Preliminary Draft Report from the Reservoir Site Committee. Chair Marshall added to the agenda Item 10 for selection of a date to review manager applications. She added to the recommendation for Fl the statement "and to authorize the Chair to sign" . She reported that she was contacted by Dave Maner of Duke Power on the County's request for a meeting to discuss RDF. The Town of Chapel Hill is also interested in pursuing this issue with Duke Power. Duke Power will contact us when they have received more information from the company on implementing their technical assistance. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those citizens in the audience who desire to speak to an item on the printed agenda will be recognized at the time that item is discussed. 2 . MATTERS NOT ON THE PRINTED AGENDA Kate Sanford, Treasurer of the Day Care Coalition, asked that the Board allocate any additional funds that may be available for child care. She requested that the Board support any efforts from the North Carolina legislature to appropriate any additional funds. In answer to a question from Commissioner Willhoit, Social Services Director Marti Pryor-Cook stated that, according to the information she received from the State, the County cannot anticipate receiving any additional funds in addition to the $111, 000 the County has already been allocated. The County will not know if they will receive any further funds until December or early January. Commissioner Willhoit asked that the State be advised of the situation in Orange County; that requests be made for additional funds and that our representatives at the Federal level be appraised of the situation and the need for additional money for day care. Chair Marshall suggested that the day care funding be reviewed during the goal setting session scheduled for December 5. Rick Farrington spoke in support of additional funds. Virginia Cunningham, President of the League of Women Voters, ML 2 distributed copies of their new LWV 1987 handbook and asked that someone let her know how many copies are needed for the department heads and members of the various County Boards and Commissions. C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the June 16, 1987 minutes as corrected. VOTE: UNANIMOUS. The Minutes for September 22 and October 5 will be considered at the next meeting. PUBLIC CHARGE Chair Shirley Marshall read the Public Charge. PUBLIC HEARINGS 1. MORIAH HILL ROAD AND TIMBERLY DRIVE - ASSESSMENT ROLL Greg Szymik presented for receipt of public comment the Preliminary Assessment Roll for Moriah Hill Road and Timberly Drive. At the close of the public hearing he requested that the Board take the appropriate action. NO COMMENTS WERE MADE AND THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to (1) confirm the assessment roll, (2) accept the certificate of mailing offered by the Clerk, and (3) direct the Tax Collector to collect the assessment. VOTE: UNANIMOUS. 2 . READOPTION OF THE LOCAL SALES TAX NO PUBLIC COMMENTS WERE MADE AND THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to adopt the resolution as printed below reenacting local government sales taxes and authorize the Chair to sign. A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN ORANGE COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986) , codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Orange County by action of the Board of Commissioners acting pursuant to the authorizing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a transaction for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption of these taxes by County Board of Commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Orange County because they would be inconsistent with the scope of the levies authorized by Articles • 3 39, 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 20, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of Orange County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange county as follows: Section 1. The expansion of the Local Government Sales and use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, as amended. Section 2. Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of March 1, 1988. Section 3 . The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Orange County and the municipalities therein as prescribed by G.S. 105-472, 486, 493 and 501. The amount distributed to Orange County shall be divided among the county and the municipalities herein in accordance with the method previously selected by the Board of Commissioners of Orange County in accordance with the provisions of G.S. 105-472 . Section 4. This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this 20th day of October, 1987. In answer to a question from Commissioner Willhoit, Ken Chavious stated that the adjustment factor was necessary in order to insure that all counties benefit from the new tax law. Since the tax is based on "point of sale", counties with small commercial tax bases and few mail order companies would lose money under the new law. Orange County would be one of those counties. Because of the adjustment factor, Orange County could receive an increase in revenue of approximately 2%. VOTE: UNANIMOUS. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORT AND DECISION 1. DAY CARE FUNDING Marti Pryor-Cook reported that the Department of Social Services was notified in July, 1987 that there would be significant reduction in the amount of reallocated day care funds from the State. The Board of Commissioners responded by approving a contingency amount of $98, 000 to maintain service level after natural attrition. In answer to a question from Commissioner Willhoit, Cook stated v.. 4 that the County will not receive the allocations it had in the past because more Counties are utilizing these funds. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to authorize the release of $98,000 in contingency funding to support the day care subsidy program, effective January, 1988. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the Consent Agenda as listed below: 1. FIRE PROTECTION CONTRACT To approve the Fire Protection Contract with the Eno Fire District Trustees for the purpose of providing fire protection to the Eno Fire District and authorize the Chair to sign. 2 . ACCEPTANCE OF A MATCHING GRANT FROM THE STATE'S LAND RECORDS MANAGEMENT PROGRAM FOR THE 1987-88 REMAPPING WORKPLAN To approve an agreement with the State of North Carolina to receive a matching grant from the Land Records Management Program (NRCD) , to be used in the remapping project and to authorize the Chair to sign. 3 . WORKPLAN - HOUSING TASK FORCE RECOMMENDATIONS To receive for information the workplan of the Management Team that will analyze and develop implementation options on the Housing Task Force recommendations. 4. DUKE FOREST - GREENWAY ACCESS POLICY To approve a policy statement concerning the County's position regarding the preservation of the integrity of the Duke Forest properties when a County greenway abuts and/or adjoins these properties. The policy is printed below: POLICY STATEMENT DUKE FOREST PROPERTIES It is the policy of the Orange County Board of County Commissioners to encourage recreation access onto Duke Forest properties via designated greenways only at roads, fire trails or other points of entry mutually agreeable between Orange County and Duke University. No site plan and no subdivision plat of property adjacent to the Duke Forest properties and showing any portion of the Orange County greenway system (as outlined in the Orange County Land Use Plan and/or the Orange County Master Recreation and Park Plan) shall be approved which designates or shows the property as having recreation access to Duke Forest unless it is via a road, fire trail or other point of entry approved by Orange County and Duke University. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. EMERGENCY SHELTER GRANT APPLICATION Tara Fikes reported that the purpose of this program is to assist families and individuals who are homeless primarily due to their economic circumstances. These grants will be awarded to local governments to help improve the quality and availability of emergency shelters and services for the homeless in their communities. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the submission of an Emergency Shelter Grant appli- cation and to authorize the Chair to sign. VOTE: UNANIMOUS. 5 2 . WATER AND SEWER POLICY Planning Director Marvin Collins presented for discussion an outline for the Water and Sewer Policy. Three topics were listed: (1) public health hazard, (2) economic development and (3) requirement of con- sistency with the Orange County Land Use Plan. The same questions were listed for each topic. Collins indicated that the answers to these basic questions would help in developing a county water and sewer policy. County Attorney Geoffrey Gledhill stated that the Orange County Land Use Plan and Map could be made a part of any decision. The water and sewer policy could include the Land Use Plan and the Map. He noted that he has never seen the Efland Sewer line and the Land Use Plan in an overlay that would show the implications of the two decisions. Chair Marshall emphasized the importance of any project being consistent with the Land Use Plan and that all projects should be reviewed by the Planning Board prior to being considered by the Board. RESERVOIR REPORT FROM COMMISSIONER JOHN HARTWELL Commissioner Hartwell distributed copies of the draft preliminary report from Hazen and Sawyer on the Reservoir Site Study. He listed the finding as detailed in the report summary. Discussion ensued on the possibility of bringing water over from Jordan Lake. Chair Marshall stated a concern about the water quality and stated her desire not to bring water from the Jordan until more is known about the Haw River water. Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to write a letter to Chatham County government to explore the possibilities of forming an alliance and a procedure for proceeding. VOTE: UNANIMOUS. WATER AND SEWER POLICY There was a consensus that any water and sewer policy should include a requirement of consistency with the Orange County Land Use Plan and Map. Chair Marshall stated that policies on "Public Health Hazards" were made when the Efland Sewer Project was approved. The Board agreed that the County will participate in water/sewer projects. The Board favored county financial participation in water/sewer projects through a revolving fund. The County Attorney stated that such money could come from the general fund or an enterprise fund. It was decided that guidelines will need to be developed before the budget is considered for next year. Chair Marshall referred to a prior proposal of a revolving fund for Economic Development being established with an allocation of $50, 000 each year for five years. The limit of participation in economic development would be limited by the amount of money in the revolving fund. Commissioner Halkiotis stressed the importance of the Board getting involved in bringing meaningful economic development to the County. High quality development can only enhance the tax base. Commissioner Willhoit stated he favored an enterprise fund for economic development with an amount to be determined at a later date. Chair Marshall emphasized the importance of knowing what money may be available so that a response can be made when a request is received. Geoffrey Gledhill expressed two concerns about the Efland Sewer Project and noted that a decision needs to be made by the Board on these two items: (1) Whether or not the plans to develop the Efland Sewer Line are 6 consistent with the Land Use Plan, and (2) Whether or not the Board would be willing to do things to expand the Efland line consistent with the plan that it would not otherwise be willing to do, if it were new industry or being created in another industrial park in the County, because of the commitment to operate the system and perhaps someday desire not to have a fee arrangement. 3. MEMORANDUM OF UNDERSTANDING - ENO RIVER STATE PARK Marvin Collins presented for consideration a proposed "Memorandum of Understanding" between Orange County and the N.C. Division of Parks and Recreation (NCDP&R) addressing planning activities around Eno River State Park. It was the consensus of the Board that the Manager and the Planning Director meet with Geoffrey Gledhill and Commissioner Hartwell before they initiate discussions with NCDP&R as recommended by the Planning Board. fo OhtnIG Coa*1 1 4. TOWN OF HILLSBOROUGH REOUEST h TO RELINQUISH ADMINISTRATION OF SUBDIVISION REGULATIONS Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis not to relinquish administration and enforcement of its Subdivision Regulations within the Town limits and extraterritorial jurisdiction until such time as the conditions agreed upon on June 16, 1987 have been complied with by the Town of Hillsborough. VOTE: UNANIMOUS. 5. HOUSE NUMBERING - HIDEAWAY ESTATES SUBDIVISION Marvin Collins explained the system used in determining house numbers. He asked that exceptions not be granted. Dave Plasted, Jean Balick and Anne Rogers, Residents of Hideaway Estates Subdivision spoke in opposition of the new system and asked that they be allowed to keep their same house numbers or that they be assigned two house numbers - the old one and the new number. After a brief discussion, motion was made by Commissioner Halkiotis, seconded by Chair Marshall to maintain a consistent methodology in the application of house numbers in Orange County. The methodology used in the assignment of house numbers in Hideaway Estates and many other subdivisions on Rural Routes 2, 5, and 8 is consistent with the policy approved by the Board on April 21, 1987. VOTE: AYES, 4; NOES, 1 (Commissioner Hartwell) . 6. ANIMAL CONTROL ORDINANCE The Ordinance was received as revised and approved on June 16, 1987. Two items that need further clarification are: (1) definition on standards for kennels, and (2) hunting dogs. These two items will be considered by the Board of Health and a recommendation will be forthcoming. 7. CONTINUATION OF INTERGOVERNMENTAL WORK GROUP It was decided that the Board would like to see intergovernmental work group be continued with an agenda to include, among other items, impact fees and the Rural Buffer and that the membership should be rotating so that all members of the Board may have an opportunity to participate. H. APPOINTMENTS No appointments were made. EXECUTIVE SESSION 7 Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to adjourn the meeting into Executive Session. Motion was made by Commissioner Halkiotis, seconded by Chair Marshall to move out of Executive Session into Regular Session. I. ADJOURNMENT With no further items for the Board to consider, Chair Marshall adjourned the meeting. The next regular meeting will be held on November 2, 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 Action Ag BOARD OF COMMISSIONERS It No. ACTION AGENDA ITEM ABSTRACT MEETING DATE 10/20/87 Ott i Subject: MINUTES fDepartment: 'BOARD OF COMMISSIONERS Public Hearing: Yes I no Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: June 16, 1987 - Regular Meeting September 22, 1987 October 5, 1987 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. - ---- O R A N G E C O U N T Y BOARD OF COMMISSIONERS 00 ACTION AGENDA ITEM ABSTRACT Meeting Date October 2Qt 1987 _ Action enda Item # _ SUBJECT: MORIAH HILL ROAD AND TIMBERLY DRIVE - ASSESSMENT ROLL DEPARTMENT: PLANNING PUBLIC HEARING X _Yes No ATTACHMENT(S ) : INFORMATION CONTACT: Eddie Kirk PRELIMINARY ASSESSMENT ROLL CERTIFICATE OF MAILING TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To receive public comment on the Preliminary Assessment Roll for Moriah Hill Road (SR 1881 ) and Timberly Drive (SR 1749 ) . To confirm the Final Assessment Roll for the project. BACKGROUND: Public input on the Preliminary Assessment Roll , filed with the Clerk to the Board and containing a tax description of each parcel of land to be assessed, the basis for the assessment, the amount assessed against each parcel of land, the terms of payment and the name of the owner of each parcel as can be ascertained from County tax records, is necessary to complete the program procedures for the project. The Clerk to the Board has filed a Certificate of Mailing which certifies that the notices of this public hearing and notices of individual assessments were mailed on or before October 9, 1987 . The amount to be assessed includes the local share of the construction costs and project administrative costs . The combined total specified on the adopted Assessment Resolu- tion is $34,915 . 16. Upon close of the public hearing and confirmation of the Assessment Roll for the project, the Board can direct that the Assessment Roll be delivered to the Orange County Tax Collector for collection . RECOMMENDATION : The Administration recommends : Confirm the Assessment Roll . Accept the Certificate of Mailing offered by the Clerk. Direct the Tax Collector to collect the assessment. 003 PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (S) #1881 AND #1794, ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the owners of said property, the assessment levied against each parcel of property, the basis for the assessment levied against said parcel and the terms of payment of the assessment all set forth below, together with tax maps of the project, constitute the Assessment Roll for the paving of North Carolina State Road (s) #1881 and #1794, also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina. BASIS FOR ASSESSMENT The basis for assessment against the property described below is the number of lots served, or subject to be served, at an equal rate per lot which represents the total local share of the cost of this project. TERMS OF PAYMENT OF ASSESSMENT A. Within thirty (30) days after notice of the Confirmation of Assessment Roll is published, each owner of assessed property may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date 1 004 that the assessment roll is confirmed, and the remaining installments , with interest, due on the same date in each successive year until the assessment is paid in full. Map, Block Property Owners Amount of and Lot and Lot and Mailing Address Assessment 7 . 16. . 28 Myrtle Tillman oute 7, Box 185 $ 1 ,454.80 Durham, NC 27707 7 . l6 . . 28A Harry Harkins P.O. Box 2201 $ 1 ,454.80 Chapel Hill, NC 27514 7. 16 . . 28E Robert & Joanne Erznoznik Route 8, Box 104 $ 1 454.80 Chapel Hill, NC 27514 7 . 16. . 28C Wendell & Simone Rosse Route 7, Box 223 $ 1 '454.80 Durham, NC 27707 7 . 16. . 28D Walter & Elizabeth Loehr 2 Moriah Hill Road $ 1 ,1454.80 Durham, NC 27707 7 . 16. . 28E L.H. & Shulamit Lazarus 3 Moriah Hill Road $ 1 454.a�C Durham, NC 27707 7 . 16. .28E Andrew & Marion Huang $ 1 454.80 Route 7, Box 223-B ' Durham, NC 27707 7 . 16. . 286 James Allen & Mara Gabriel Route 7, Box 223 -F $ 1454.80 Durham, NC 27707 7 . 16 . . 28H Wendell & Simone Rosse Route 7 , Box 223 $ 1 454.80 Durham, NC 27707 7 . 16. . 29 Mount Moriah Baptist Church $ 1 ,454.80 7 . 16. . 32 Mt. Moriah Baptist Church $ 1 ,454.80 c/o C.S . Couch 2 OD 5 4003 Kerley Road Durham, NC 27705 7 . 16. . 33 Keith & Susan Reimer Route 7, Box 215 $ 1 ,454.80 Durham, NC 27707 7 . 16. .34 Keith & Susan Reimer $ 1 ,454.80 Rt. 7, Box 215 Durham, NC 27707 7 . 16 . . 35 Paul Proud $ 1 ,454.80 Rt. 7, Box 217 Durham, NC 27707 7 . 16. .36 Caroline Becker Rt. 7 , Box 218 $ 1 ,454.80 Durham, NC 27702 7 . 16. .37 John & Joan Black $ 1 ,454.80 Rt. 7 , Box 219 Durham, NC 27707 7 . 16. . 38 Martin & Ann Black Rt. 7, Box 220 $ 1 ,454.80 Durham, NC 27707 7 . 16. .40 John & Suzanne Goree Rt. 7, Box 223-A $ 1 454.80 Durham, NC 27707 7 . 16. .41 John & Pauline Rigdon $ 1 ,454.80 Rt. 7, Box 224 Durham, NC 27707 7 . 16 . .43 Jack & Catherine Robbins Rt. 7, Box 225 $ 1 ,454.80 Durham, NC 27707 7 . 16. . 44 Jack Robbins Rt. 7, Box 225 $ 1 ,454.80 Durham, NC 27707 7 . 16. .45 William & Annette Jurgelsky $ 1 ,454.80 Rt. 7 , Box 221 Durham, NC 27707 7 . 16 . . 46 Joel & Martha Haswell Rt. 7, Box 222A $ 1 ,454.80 Timberly Drive Durham, NC 27707 3 008 7 . 16. . 63 Michael & Joan Lamorte 222 Timberly Drive, Route 7 $ 1 ,454.80 Durham, NC 27707 4 MEMMEMmor The Board of Commissioners for the County of Orange , North Carolina, met in regular session in the courtroom of the old Post Office in Chapel Hill , North Carolina , the regular place of meeting, at 7 :30 o' clock p.m. on October 20 , 1987 . Present : Chair Shirley E. Marshall , and Commissioners Moses Carey, Jr. Stephen Halkiotis, John Hartwell and Don Willhoit. Absent: None ****************************************************************** The Chair announced that this was the hour and day fixed by the Board of Commissioners for the public hearing on the Preliminary Assessment Roll filed with the Clerk to the Board of Commissioners of Orange County pursuant to the direction of the Orange County Board of Commissioners and pursuant to the Board ' s decision to finance the local share of the cost of paving North Carolina State Road (s) # 1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , in Chapel Hill Township, Orange County, North Carolina . The Chair also announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the Preliminary Assessment Roll . Various persons appeared and were recognized and heard on the said Preliminary Assessment Roll . Those recognized and the essence of their 1 comments were recorded by the Clerk to the Board of Commissioners in the minutes of the Board . Thereupon, upon Motion of Commissioner Carey seconded by Commissioner Hartwell I and carried, the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , in Chapel Hill Township, Orange County, North Carolina , was confirmed October 20, 1987. The vote upon confirmation of the assessment made against each property owner was : Ayes : Commissior.ers Marshall , Carey, Halkiotis, Hartwell and Willhoit . Noes: Noes Upon motion of Commissioner Carey seconded by Commissioner Hartwell , and unanimously approved , the Clerk to the Board was directed to enter into the minutes of the Board the confirmation date , hour, and minutes . Thereupon, the Clerk to the Board entered the confirmation effective 8:06 p.m. o' clock p .m. , the 20th day of October, 1987 . Upon motion of Commissioner Carey , seconded by Commissioner Hartwell _, and unanimously approved , the Clerk to the Board was directed to deliver a copy of the confirmed Assessment Roll to the Orange County Tax Collector. Upon motion of Commissioner Carey seconded by Commissioner Hartwell and unanimously approved , 2 the Orange County Tax Collector was directed to publish once , a Notice , no earlier than twenty ( 20 ) days from the date of confirmation as herein set forth, that the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina, has been confirmed and that assessments may be paid without interest at any time before the expiration of thirty (30 ) days from the day that the Notice is published and that if not paid within that time , all installments thereof shall bear interest in an amount equal to the interest on past due ad valorem taxes in Orange County. The Chair directed that said Notice shall be published in the Durham Morning Herald . Said Notice shall be in substantially the following form: NOTICE OF CONFIRMATION OF ASSESSMENT ROLL FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD( S) #1881 AND #1794 , ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, LOCATED IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina , the Board of Commissioners of Orange County has confirmed the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also 3 known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina , Oct. 20, 1987 . The specifics of any adjustment made are in the minutes of the Orange County Board of Commissioners for its meeting on October 20 , 1987 . The confirmed Assessment Roll reflects any adjustment . Pursuant thereto: 1 . The Board of Commissioners of the County of Orange, North Carolina, met in regular session in the courtroom of the old Post Office in Chapel Hill , North Carolina, at 7 :30 o'clock p.m. on October 20 , 19$7 . 2 . The Chair announced that this was the hour and day fixed by the Board of Commissioners for the public hearing on the Preliminary Assessment Roll pursuant to the Board ' s decision to finance the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina . 3 . All persons attending and wishing to be heard were recognized by the Chair and were heard . 4 . The Board confirmed the Assessment Roll and directed its delivery to the Orange County Tax Collector. 5 . The assessments confirmed by the Board may be paid without interest at any time before the expiration of thirty (30 ) days from the date of the publication of this Notice . If not paid 4 1 within this time, all installments thereof shall bear interest at the rate set for past due Orange County ad valorem taxes . JOHN T. HORNER, Tax Collector for Orange County, N.C. I , Beverly Blythe , Clerk to the Board of Commissioners for the County of Orange , North Carolina , do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held on October 20 , 1987 , as relates in any way to the confirmation of the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road ( s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina . BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C . [SEAL] 5 1)12 CERTIFICATE OF MAILING I , Beverly Blythe , Clerk to the Board of Commissioners of Orange County, North Carolina , DO HEREBY CERTIFY that on or about October 9 , 1987 , I mailed, by first-class mail , postage prepaid , a Notice to each property owner of the public hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina . The Notice mailed set the date and time of the public hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the county tax records . WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina , this the 9th day of October, 1987 . 44./A BEVERLY BLYTHE , _-- �~ Clerk to the Board of - Commissioners of Orange County, N.C . ORANGE COUNTY Q13 BOARD OF COMMISSIONERS Action A da Item No. T ACTION AGENDA ITEM ABSTRACT Meeting Date: OCTOBER 20, 1987 SUBJECT: READOPTION OF LOCAL SALES TAX DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: X Yes No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 RESOLUTION SENATE BILL 944 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive public comment on readoption of local option sales taxes and adopt local option sales taxes resolution. BACKGROUND: Senate Bill 944 (ratified as Chapter 832 of the 1987 Session Laws) changed the definition of site of sale in the Local Government Sales and Use Tax Act. In order to accommodate this change in definition every county must readopt the local option sales taxes. The readoption process requires the Board to conduct a public hearing and adopt a resolution reenacting local government sales taxes within the County. RECOMMENDATION(S) : Adopt resolution reenacting local government sales taxes and authorize Chair to sign. t ► 014 A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN ORANGE COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986) , codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Orange County by action of the Board of Commissioners acting pursuant to the author- izing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a trans- action for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption of these taxes by county board of commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Orange County because they would be inconsis- tent with the scope of the levies authorized by Articles 39 , 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 20, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of Orange County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County as follows: Section 1. The expansion of the Local Government Sales and Use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles ` ' I 015 39, 40, 41 and 42 of Chapter 105 of the General Statutes, as amended. Section 2. Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of March 1, 1988. Section 3 . The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Orange County and the municipalities therein as prescribed by G.S. 105-472, 486, 493 and 501. The amount distributed to Orange County shall be divided among the county and the municipali- ties herein in accordance with the method previously selected by the Board of Commissioners of Orange County in accordance with the provisions of G.S. 105-472 . Section 4 . This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this day of , 1987. Shirley E. Marshall, Chair Board of County Commissioners M . M 018 ---) GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION RATIFIED BILL • CHAPTER 832 SENATE BILL 944 AN ACT TO INCREASE THE EXCISE TAX ON SPIRITUOUS LIQUOR AND TO PROVIDE THAT LOCAL SALES TAXES SHALL BE LEVIED BY THE COUNTY IN WHICH THE RETAILER IS LOCATED WHEN THE PROPERTY SOLD IS DELIVERED TO THE PURCHASER IN ANOTHER COUNTY. Whereas, the 1985 General Assembly during its 1986 Session enacted additional law enforcement retirement benefits which costs may have exceeded available financial resources across the State requiring that additional revenue be expended; and Whereas, it is the intent of the General Assembly that the additional revenue that will accrue to local governments as a result of this act be used to the extent necessary to fund the additional law enforcement retirement benefits; Now, therefore, T The General Assembly of North Carolina enacts: Section 1. G.S. 18B-208(b) reads as rewritten: "(b) Special Fund. A special fund in the office of the State Treasurer, the ABC Commission Fund, is created. On and after November 1, 1982, all moneys derived from the collection of bailment charges and bailment surcharges shall be deposited in the ABC Commission Fund for the purpose of carrying out the provisions of this Chapter. The ABC Commission Fund shall be subject to the provisions of the Executive Budget Act except that no unexpended surplus of this fund shall revert to the General Fund. The Commission shall fix the level of the bailment surcharges at an amount calculated to cover operating expenses of the Commission mrd-Bra ALE Division and the retirement of bonds issued for construction of a Commission warehouse and [offices. The Commission may impose a bailment surcharge only when revenue bonds issued under this section are outstanding. All moneys credited to the ABC Commission Fund shall be used to carry out the intent and purposes of the ABC law in accordance with plans approved by the North Carolina ABC Commission and the Director of the Budget, and all these funds are appropriated, reserved, set aside, and made available until expended for the administration of the ABC law." Sec. 2. G.S. 105-113.80(c) is rewritten to read: "(c) Liquor. An excise tax of twenty-eight percent (28%) is levied on liquor sold in ABC stores. Pursuant to G.S. 18B-804(b), the price of liquor on which this tax is computed is the distiller's price plus (i) the State ABC warehouse freight and bailment charges, and (ii) a markup for local ABC boards. This tax is in lieu of -\ sales and use taxes; accordingly, liquor is exempt from those taxes as provided in G.S. 105-164.13(37)." Sec. 3. Operating expenses for the ALE Division shall be paid from the budget of the Department of Crime Control and Public Safety. . . ( 17 Sec. 4. The last paragraph of G.S. 105-467 reads as rewritten: "The local sales tax authorized to be imposed and levied under the provisions of this Article shall he applicable to such retail sales, leases, rentals, rendering of services, furnishing of rooms, lodgings or accommodations and other taxable transactions which are made, furnished or rendered by retailers whose place of business is located within the taxing county. The tax imposed shall apply to the furnishing of rooms, lodging or other accommodations within the county which are rented to transients. . • • • • • • • . . • • • • • S. • • - • • • • • • 4. . , • • c • • . For the purpose of this Article, the situs of a transaction is the location of the retailer's place of business." Sec. 5. Section 4 of Chapter 1096 of the 1967 Session Laws, as amended, is further amended by deleting the sentence at the end of that section that begins "No tax shall" and substituting the following: "For the purpose of this act, the situs of a transaction is the location of the retailer's place of business." Sec. 6. G.S. 105-486 reads as rewritten:. "§ 105-486. Distribution of additional taxes. (a) County Allocation: The Secretary shall, on a quarterly basis, dit1 jbt.t allocate the net proceeds of the additional one-half percent (1/2%) sales and use taxes levied under this Article to the taxing counties on a per capita basis according to the most recent annual population estimates certified to the Secretary by the State Budget Officer. (b) Adjustment. The Secretary shall then adjust the amount allocated to each county under subsection (a) by multiplying the amount by the appropriate adjustment factor set out in the table below: - County Adjustment Factor Dare L49 Brunswick 1.17 Orange 1.15 Carteret and Durham 1.14 Avery 1.12 Moore 1.11 Transylvania 1.10 Chowan, McDowell, and Richmond 1.09 Pitt and New Hanover 1.07 Beaufort, Perquimans, Buncombe, and Watauga 1.06 Cabarrus, Jackson. and Surry L05 Alleghany, Bladen, Robeson, Washington, Craven, Henderson, Onslow, and Vance - 1.04 Gaston, Granville, and Martin 1.03 Alamance, Burke, Caldwell, Chatham, Duplin, Edgecombe, Haywood, Swain, and Wilkes 1.02 Hertford, Union , Stokes, Yancey, Halifax, Rockingham, and Cleveland 1.01 Alexander. Anson, Johnston Northampton, Pasquotank. Person.. Polk, and Yadkin 1.00 Catawba, Harnett, lredell, Pamlico, Pender, Randolph. Stank', and Tyrrell Q.99 Cherokee, Cumberland, Davidson, Graham, Hyde, Macon, Rutherford, 2 Senate Bill 944 018 Scotland. and Wilson 0.98 Ashe, Bertie, Franklin, Hoke, Lincoln, Montgomery, and Warren 0.97 Wayne, Clay, Madison, Sampson, Wake, Lee, and Forsyth 0.96 Caswell, Gates. Mitchell, and Greene 0.95 Currituck and Guilford 0.94 Davie and Nash 0.93 Rowan and Camden 0.92 Jones 0.90 Mecklenburg 0.89 Lenoir 0.88 Columbus 0.81 !c) Distribution Between Counties and Cities. The amount distributed to allocated to each taxing county shall then be divided among the county and its municipalities in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed. If any taxes levied under this Article by a county have not been collected in that county for a full quarter because of the levy or repeal of the taxes, the Secretary shall .distribute a pro rata share to that county for that quarter based on the number of months the taxes were collected in that county during the quarter." Sec. 7. G.S. 105-493 reads as rewritten: "§ 105-493. Distribution of taxes. The Secretary shall, on a quarterly basis, diatt ibutc allocate the net proceeds of any one-half percent (1/2%) sales and use taxes levied under this Article in accordance with G.S. 105-486. For purposes of the di,tr ibutiurt allocation under G.S. 105-486, a county that levies one-half percent (1/2%) sales and use taxes under this Article is considered a taxing county under that section. To make the distritr<rtid,' allocation required by G.S. 105-486 and this section, the Secretary shall add the net proceeds of local sales and use taxes levied under Article 40 of this Chapter and under this Article, and shall then distribute allocate this amount to the taxing counties on a per capita basis as provided in G.S. 105-486. The amount distr ibut�.d allocated to a county that levies one-half percent (1/2%) sales and use taxes under this Article shall be adjusted by multiplying it by the appropriate adjustment factor set out in the table in G.S. 105-486(b) and then divided among the county and its municipalities on either a per capita or an ad valorem tax basis, as designated by the board of county commissioners in a resolution adopted pursuant to G.S. 105-472. if any taxes levied under this Article by a county have not been collected in that county for a full quarter because of the levy or repeal of the taxes, the Secretary shall distribute a pro rata share to that county for that quarter based on the number of months the taxes were collected in that county during the quarter." Sec. 8. G.S. 105-501 reads as rewritten: "§ 105-501. Distribution of additional taxes. The Secretary shall, on a quarterly basis, distribute- allocate the net proceeds of the additional one-half percent (1/2%) sales and use taxes levied under this Article to the taxing counties on a per capita basis according to the most recent annual population estimates certified to the Secretary by the State Budget Officer. The Secretary shall then adjust the amount allocated to each county by multiplying the amount by the appropriate adjustment factor set out in the table in G.S. 105-486(bt The amount distr iLutt rl to a allocated to each taxing county shall then be divided among the county and the municipalities ) located in the county in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed. Senate Bill 944 3 If any taxes levied under this Article by a county have not been collected in that -0--9 county for a full quarter because of the levy or repeal of the taxes, the Secretary shall distribute a pro rata share to that county for that quarter based on the number of months the taxes were collected in that county during the quarter." Sec. 9. The board of commissioners of any county may, by resolution, after 10 days' public notice and a public hearing held pursuant thereto, adopt the expansion of the local sales tax levy provided in this act. Upon adoption of such a resolution, the board of commissioners shall forward a copy of the resolution to the Secretary of Revenue. Pursuant to the provisions of G.S. 105-483, 105-490, and 105- 498, adoption of the expansion of the Local Government Sales and Use Act provided in Section 4 of this act constitutes adoption of an equivalent expansion of the local sales taxes levied under Articles 40, 41, and 42 of Chapter 105 of the General Statutes. Sec. 10. If a county fails to adopt the expansion of the Local Government Sales and Use Tax Act provided in Section 4 of this act on or before February 1, 1988, the sales and use taxes levied by the county pursuant to Articles 39, 40, 41, and 42 are repealed effective March 1, 1988, because they will be inconsistent with the scope of the levies authorized by those Articles as amended effective March 1, 1988. If Mecklenburg County fails to adopt the expansion of Section 4 of Chapter 1096 of the 1967 Session Laws provided in Section 5 of this act on or before February 1, 1988, the sales and use tax levied by Mecklenburg County pursuant to Chapter.1096 of the 1967 Session Laws is repealed effective March 1, 1988, because it will be inconsistent with the scope of the levy authorized by that Chapter as amended effective March 1, 1988, and the sales and use taxes levied by Mecklenburg County pursuant to Articles 40, 41, and 42 are repealed effective March 1, 1988, because those Articles will no longer apply to Mecklenburg County, as provided in G.S. 105- 482, 105-489, and 105-497. If the sales and use taxes levied by a county are repealed as provided in this section because the county failed to adopt the expansion of the 1 local sales tax levy, the county may, on or after March 1, 1988, levy local sales and use taxes in accordance with the provisions of Articles 39, 40, 41, and 42 of Chapter 105 of the General Statutes and Chapter 1096 of the 1967 Session Laws, as applicable. Sec. 11. This act does not affect the rights or liabilities of the State, a taxpayer, or other person arising under a statute amended or repealed by this act before its amendment or repeal; nor does it affect the right to any refund or credit of a tax that would otherwise have been available under the amended or repealed statute before its amendment or repeal. Sec. 12. It is the intent of the General Assembly that a Select Committee composed of members of the General Assembly shall be appointed to study the impact on local sales and use tax revenue and the administrative cost savings to the State of consolidating the local sales and use taxes levied under Articles 39, 40, 41, and 42 of Chapter 105 of the General Statutes and under Chapter 1096 of the 1967 Session Laws, as amended, with the State sales and use tax levied under Article 5 of Chapter 105 of the General Statutes. It is further intended that the Select Committee shall report to the 1987 General Assembly on the first day of the 1988 Regular Session. Sec. 13. It is the intent of the General Assembly that if the local sales and use taxes levied under Articles 39, 40, 41, and 42 of Chapter 105 of the General Statutes and under Chapter 1096 of the 1967 Session Laws, as amended, are at a later date consolidated with the State sales and use taxes levied under Article 5 of Chapter 105 of the General Statutes, then the legislation enacting the consolidation shall also change the method of distributing the proceeds of the excise tax on liquor levied under G.S. 105-113.80(c) from the current formulation to a new method that would 4 Senate Bill 944 X20 distribute one-eighth (l/S) of the total proceeds of that excise tax to local } governments in the same manner as the State sales and use tax proceeds that are distributed to local governments under the legislation that consolidates the local sales taxes with the State sales tax. Sec. 14. Sections 1 through 3 of this act shall become effective October 1, 1987. Sections 4 through 8 of this act shall become effective March 1, 1988, and apply to sales made on or after that date. The remainder of this act is effective upon ratification. In the General Assembly read three times and ratified this the 14th day of August, 1987. ROBERT B. JORDAN III Robert B. Jordan III President of the Senate LISTON B. RAMSEy Liston B. Ramsey Speaker of the House of Representatives Senate Bill 944 5 ORANGE COUNTY 021 BOARD OF COMMISSIONERS Action A e da ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: October 20, 1987 SUBJECT: Dav Care Fundinc DEPARTMENT: PUBLIC HEARING: Yes x No Orange County Dept. of Social Services ATTACHMENT(S) : INFORMATION CONTACT: Martha Pryor-Cook Funding and Service Delivery Plan TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To provide additional information regarding funding of day care and the service plan. BACKGROUND: Orange County Department of Social Services was notified in July, 1987 that there would be a significant reduction in the amount of reallocated day care funds from the state. The Board of Commissioners responded by approving a contingency fund of $98,000 to maintain service level after natural attrition. The Board also requested a report when reallocated funds were received. RECOMMENDATION(S) : Authorize release of $98,000 in contingency funding to support the day care subsidy program, effective January, 1988. (Orange atuuntg Eleparijuent of *octal *atrial; 022 300 W. TRYON STREET tle� HILLSBOROUGH, NORTH CAROLINA 27278 410 CALDWELL STREET CHAPEL HILL, NORTH CAROLINA 27514 TELEPHONE: HILLSBOROUGH OFFICE 968-4501.967-9251 HILLSBOROUGH OFFICE 732-9361.732-8181 CHAPEL HILL OFFICE 929-0446 October 5, 1987 DAY CARE FUNDING UPDATE I . DAY CARE ALLOCATIONS : 1987-88 1986-87 Base Allocation $276 , 863 . 00 $276 , 863 . 00 First Quarter Expenditures 153, 975.42 145 , 342. 12 Remaining Base Allocation 122, 887. 58 131 ,520 . 88 Reallocation 111 , 915 .00 234 ,249 . 05 County Contingency 98 , 000 . 00 0 . 00 Average Day Care Dollars 36 , 978. 06 (September , 1987 — May, 1988) 57 , 168 . 04 II . AVERAGE NUMBER OF CHILDREN SERVED PER QUARTER : 1987-88 1986-87 First Quarter 279 292 Second Quarter (projected ) 221 251 Third Quarter (projected) 221 256 Fourth Quarter (projected ) 221 272 023 III . SERVICE DELIVERY PLAN: Endorsed by Department of Social Services Board 1 . All day care placements have been frozen except those for neglected and/or abused children . 2. There have been no rate increases approved for day care facilities . 3 . The reduction in the number of children being served has only been through attrition. 4 . A request has been made for JTPA funds for day care for Community Work Experience Program (CWEP) clients. 5 . Verification of income for all families receiving day care subsidy has been reviewed or requested in the last two months. 6 . Information which reflects changes in eligibility for families has been requested from day care directors. ® Martha Pryo Cook, ACSW Director MPC/cbw ORANGE COUNTY 024 BOARD OF COMMISSIONERS ACTION AAA ACTION AGENDA ITEM ABSTRACT ITEM NOEL MEETING DATE October 20, 1987 SUBJECT: Fire Protection Contract DEPART: Emergency Services PUBLIC HEARING: YFS X NO ATTACHMENT(S): Yes INFORMATION CONTACT: Bobby Baker PHONE NUMBERS: HILLSBOROUGH 732-8161 CHAPEL HILL 929--.8109 PURPOSE: For the Board to consider entering into a contract with the Eno Fire District Trustees for the purpose of providing fire protection to the Eno Fire District. NEED: To standardize all the County's arrangements to provide fire protection to the citizens of the County. IMPACT: None since 'fire protection is being provided to this area by the Eno Fire Dept. RECOMMENDATION(S): Approval of contract with Eno Fire District Trustees. 025 NORTH CAROLINA ORANGE COUNTY CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, made and entered into this the 1 st. day of July_, 1987, by and between the COUNTY of ORANGE , party of the first part, also referred to as County and the ENO VOLUNTEER FIRE DEPARTMENT, party of the second part, also referred to as Fire Department ; W I T N E S S E T H: THAT WHEREAS, N.C.G.S. 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with any incorporated nonprofit volunteer or community fire department; and WHEREAS, the new N.C.G.S. 159-13, which became effective July 1 , 1973, provides that the budget ordinance "may be in any form that the Board (of Commissioners of ORANGE County) deems most efficient in enabling it to make the fiscal policy decisions embodied therein, but it shall be so organized that the accounting system will show appropriations and revenues by items within at least the following funds: . . . a fund for each special district whose taxes are collected by the county of y ORANGE ; and WHEREAS, the party of the second part is a nonprofit corporation organized for fire protection purposes; and WHEREAS, it serves a special tax district created by a vote of the people ; and 4 a I 026 -2- WHEREAS, the Count of Y ORANGE levys and collects the taxes and is responsible for appropriatin the use and benefit 9 said funds for of the citizens in the fire protection district; and WHEREAS, the County desires to grant a long-term to enable party of the second part to contract o make long-range plans; and WHEREAS, the County desires to standardize all its arrangements with Fire Departments in the County; NOW, THEREFORE, in consideration of the premises consideration of TE and the N DOLLARS to each the other in hand the parties hereto contract and agree as follows; paid, 1. The party of the first part contracts and a that it will cause to be assessed or levied a s eC grees tax of P zal up to 15 per one hundred dollar valuation of a real and personal r ll property in the ENO FIRE TAX D otherwise limited by law ISTRCT unless and/or a vote of the people; and will collect said tax as a part of the ad valorem taxes County of ORANGE ; of the _ provided however, beginning with the fiscal year 1988 the amount levied annually shall be based on the _ needs projected in the budget estimate submitted b Department to the County and Y the Fire approved by the Count 2. That a s Y Commissioners. pecial or separate fund shall be maintained by the County for funds collected as a result of said special tax. 027 -3- 3. That current taxes, as they are collected by the county, shall be paid to END FIRE DEPARTMENT TRUSTEES , by the day of each month or as follows: Quarterly that delinquent taxes shall be remitted quarterly. 4. The party of the second part shall provide the necessary equipment and personnel for furnishing adequate fire protection as determined by the North Carolina Department of Insurance,Fire and Rescue Service Division, for all property located within the ENO FIRE TAX DISTRICT , and it will furnish said fire protection free of charge to all persons and individuals located in said District in an efficient and workmanlike manner. 5. That all funds paid to the party of the second part by the party of the first part shall be used exclusively to provide fire protection within said Fire Tax District , and to pay other legitimate fire protection expenses. 6. it is agreed that the party of the first part may inspect all books and accounty for the party of the second part at any time that it shall desire; it is further agreed that the Fire Department will present the County Commissioners an annual audit by a C.P.A. which audit shall be in conformity with existing audit policies of the County. 7. The party of the second part agrees to comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit budget estimates to the -4- 028 Board of Commissioners on the standard forms used by county departments; the party of the second part also agrees to use standard line items for accounting devised or consented to by the County Accountant from time to time. 8. This contract shall expire on the 1 st day of July , 1998. 9. The party of the second part further agrees to file with the County Auditor a true copy of the Articles of Incorporation, existing Bylaws and any changes made thereto from time to time; further, the party of the second part agrees to adopt bylaws which meet all minimum legal requirements and which bylaws, in addition thereto, have reasonable provisions enabling citizens of the community to participate in the affairs of the corporation at least an annual meeting and vesting in a Board of Directors the authority to manage the affairs of the corporation without a vote of the membership to the extent permitted by N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act. • r n29 -5- IN TESTIMONY WHEREOF, the party of the first caused this instrument to be executed part has xecuted by the chairman of the Board of County Commissioners and attested by the Clerk of the County Board of Commissioners, and the party of the second part has caused this instrument to be signed in its name by its president, attested by its Secretary, and its cos hereto affixed, all by Porate seal y order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS By: ATTEST: (Chairman (Clerk) ENO VOLUNTEER FIRE DEPARTMENT (Name of Fire Department) By: 1,1- -AhOCA-Ca (--,d (President) ATTEST: • (Secretary) (Acknowledgements) e. ?. 030 ORANGE COUNTY BOARD OF COMMISSIONERS Action A Item No. FA ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 1987 SUBJECT: Acceptance of a Matching Grant from the State ' s Land Records Management Program for the 1987-88 e_M WoZkplan DEPARTMENT: Central Land Records PUBLIC G: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Roscoe Reeve Letter Agreement TELEPHONE NUMBER: Hillsborough - 732,-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize the Chair to sign an Agreement with the State of North Carolina to receive a matching grant from the Land Records Management Program (NRCD) , to be used in the re-mapping project . BACKGROUND: Each year the State awards matching grant funds , based on funding from the General Assembly, for the improvement of land records in the counties . Orange County has entered a multi-year, multi-phased re-mapping project to provide new accurate base and cadastral maps . The State has approved that plan and has funded each of the past 8 years of improvements with a grant. This year ' s grant continues the re-mapping project with completion of the base maps for six townships , Phase 3 . The awarded $10,000 contributes greatly to the success of these efforts . RECOMMENDATION(S) : that the Board of Commissioners authorize its Chair to sign the agreement, accepting the matching fund grant . 031i -� i 2„ STATE OF NORTH CAROLINA OFFICE OF THE GOVERNOR RALEIGH 27611 JAMES G. MARTIN GOVERNOR September 28, 1987 Ms. Shirley Marshall Chair Courthouse Hillsborough, North Carolina 27278 Dear Ms. Marshall: I am pleased to announce that Orange County has been awarded $10,000 matching funds under the North Carolina Land Records Management Program (LRMP). Your application requesting funds defined a program of land records improvements that will benefit the county's operation and your taxpayers. With 57 counties requesting grants amounting to over $4,500,000 against only $475,000 in available appropriations, it was necessary to scale-down the requests according to an impartial and equitable formula. The figures for the recommended grant awards were obtained by prorating the $475,000 among all applicants according to their documented eligibility for funding over the next fiscal year. In addition, the amounts thus obtained were modified by the imposition of a "ceiling" of $10,000 per county and a "floor" of $1,000 or 50Z of the project cost, whichever was less. Attached here to are two (2) copies of the LRMP Grant Agreement covering your grant award to be signed and returned to the Land Records Management Program office. This Agreement states the rules and regulations that govern the funding of the state matching grant for your project. When signed by the proper county officials and returned to Donald P. Holloway, Director, N. C. Land Records Management Program, F P.O. Box 27687, Raleigh, North Carolina 27611, your decision to accept f" this grant will be formally recorded. Agreements not signed and : . returned by November 15, 1987 will be deemed to have been declined, and f those funds will be redistributed to all other counties accepting their grant awards. as tih y. 032 As usual, when grants are made to counties, audits are required for the work performed under the agreement. Your county will also be required to send a quarterly report to the LRMP office which will address all activities that are involved in the administration of this grant. 8 We hope that the grant funds will help you to continue the excellent program which your county has undertaken. Sincerely, • 7;4;4 fes G. Martin JCi/dph Attachments • P. ^�. Grant No. 88-41 Page 1 of 8 033 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this day of 1987 by and between the North Carolina Department of Natural Resources and Community Development (hereinafter called NRCD) and the County of Orange, a North Carolina municipal corporation (hereinafter called the "County"). WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the NRCD to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated May 1, 1987, prepared and submitted by the County, has been determined by NRCD to qualify the County for a grant award; and WHEREAS, the Secretary of the NRCD has awarded Land Records Management Grant No. 88-41 in the amount of $10,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County Engaged. The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 88-41. Grant No. 88-41 Page 2 of 8 034 2. General Responsibilities of the County. The County Government shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. 3. Provision of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $10,000. It is expressly understood that the County will match this State award with an expenditure of at least $10,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obligation of Grant Funds. Grant funds may not be obligated prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1985 -- June 30, 1989. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and - such agreement shall be endorsed thereon by authorized signatures. i Grant No. 88-41 Page 3 of 8 035 6. Termination of Agreement for Convenience. Either the Land Records Management Program or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 9. Interest of Land Records Management Program Members and Others. No employee of the Land Records Management Program, and no member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly Grant No. 88-41 Page 4 of 8 L or indirectly involved; or (b) have any 0 3 6 Y personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County Land Records Management Program or representatives make available to the State Auditor for examination all of its records with respect to all of matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. • 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to . expenditures against the grant received for a period of three years 9 followin the termination date of this Agreement. records are audited, all records shall be retained beyond event rueh Y period until audit findings have been resolved. the three-year 12. Audit Requirements_ The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare submit to the Land Records Management Program quarterly P and y Progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. Grant No. 88-41 037 Page 5 of 8 14. Compensation. The NRCD shall pay to the County an amount not to exceed $10,000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstandin an A reement it is e ressl a reed that: provisions of this save harmless the State of North Carolina Tand Cits temployees,shall indemnify from and against any and all claims, demands, suits, from and etc. , for sums of money for and on account'afud�ents, settlements, personal injuries, property damage, invasion of real property, or loss of life or of any persons whether in contract or tort, as in any way property Y connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. • 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Pro r notify the NRCD to g am shall Pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required Paragraph 13. under County shall be paid in a lump sum or as progress payments by the NRCD. If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work of the Land Records Management Program. k and 17. Designation and Earpla yment of Contractor. To carry out the Work Program, g , Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services 1 Grant No. 88-41 • Page 6 of B 038 to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in-house staff, the County shall provide the Land Records Management Program: (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. 18. Availability of Funds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. • i 1• Grant No. 88-41 03 n Page 7 of 8 a "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of NRCD and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base and Cadastral Maps," implement tie PIN system, and automate its office. •w, i Grant No. 88-41 Page 8 of 8 04.0 IN WITNESS WHEREOF, the NRCD and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT BY r BY TITLE S. THOMAS RHODES (t Secretary of Natural Resources and Community Development ATTEST= ORANGE COUNTY BY BY Chairman of the Board of County TITLE Commissioners • 1. ORANGE COUNTY 4 BOARD OF COMMISSIONERS Action A en ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: OCTOBER 20, 1987 SUBJECT: WORKPLAN_--HOUSING TASK FORCE RECOMMENDATIONS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, 501 WORK PLAN TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To review the work plan of the Management Team that will analyze and develop implementation options on the Housing Task Force recommendations. BACKGROUND: The Housing Task Force presented a report, September 8, 1987, on recommendations to address the housing needs of Low and Moderate Income persons in Orange County. The Board of Commissioners referred the report to the Manager for review and implementation strategies. The Manager designated several departmental directors to work on this project. Attached is the team's workplan. RECOMMENDATION: Receive as information. 042 ATTACHMENT The Board of Commissioners referred the Housing Task Force Report to the Manager for review and development of implementation strategies. The Manager designated the Directors of Finance, Housing and CD, Planning, Economic Development, the CAT Coordinator and the Interim ACM to work on this project. The Manager's Office convened the group for the purpose of formulating an action plan to accomplish the above stated tasks. The following bases, for the work plan, were agreed upon by this Management Team. 1. Distinguish target groups, their relative share of the demographics, and propose remedies respective to target groups. 2. The target groups are low and moderate income families living in substandard and marginal housing; low and moderate income families unable to locate affordably priced housing in the County; low income renters, paying excessive rents and cannot afford standard housing, and are either waiting or ineligible for federal housing assistance; and special populations who are homeless or cannot live independently in traditional housing situations. 3 . For each Task Force recommendation, the team will present objective realistic options on implementation. WORK PLAN ON: Task Force Recommendation One 1. By 11/13/87 team members will meet with officials from the Downtown Housing Improvement Corporation in Raleigh and it's counterpart in Greensboro to discuss the formation of the agencies, mission, population served, program activities, budget, legal authority, and operational structure. 2. By 12/11/87, review sample Bylaws for a Nonprofit Housing Organization; and research statutory authority and limitations. 3 . By 2/12/88 advise the Manager of options for establishing an Orange County Nonprofit Housing Corporation. 043 Task Force Recommendation Two Completed -- the report was referred to the appropriate departments. Task Force Recommendation Three Incorporated in this recommendation are suggested program activities to be undertaken by the Nonprofit Housing Corporation. These, in addition to other innovative programs, will be analyzed and options developed by 2/12/88. Task Force Recommendations Four and Five 1. The Ordinance Review Subcommittee of the Planning Board will be asked to review and report on the following by 1/8/88. a) Existing Standards for new mobile home parks b) Density Bonus/Incentives to encourage development c) Effective methods to deal with existing mobile home parks 2 . Hold a public hearing, February 1988, to receive citizen comments on any proposed change or addition. Task Force Recommendation Six 1. The Ordinance Review and Transportation Advisory subcommittees of the Planning Board will be undertaking a review of the public vs private roads issue within the next two months. In addition, they will discuss development of a Thoroughfare Plan. Currently, we have a Street Classification Plan that deals only with existing roads. A thoroughfare Plan will identify new roads and deal with deficiencies in existing roads. We propose a public hearing be set for May 1988 (contingent upon DOT's schedule) to receive citizen comment. 2. Currently, the County has a Transportation Plan that addresses transportation needs of special populations under the umbrella of the human services delivery system. In an attempt to address the issue of County-wide public transportation, the team will explore four options. a) Expand the existing transportation plan to serve a larger population through Section 18 federal funds. The focal point, however, must remain meeting the transportation needs of the special populations. 044 These funds, for example, can be used for construction of a garage, shelters, and bus stops. Application for Section 18 funding must be submitted Spring 1988. A DOT representative is scheduled to come in December and this matter will be assessed further at that time. b) Request expansion of the Chapel Hill Transit System. c) Explore the development of a Regional Transportation System, recognizing that with the completion of I-40, inter-county transportation (Orange and Durham) may be needed. d) Establish and coordinate a Park and Ride Program. Staff will report it's findings and options Spring, 1988. Task Force Recommendation Seven This recommendation addresses the issue of home ownership for low and moderate income persons and the proposed remedies will be reflected in options presented for recommendations one and three. Task Force Recommendation Eight 1. The Ordinance Review Subcommittee will be asked to review the Zoning Ordinance regarding any sections that may hamper the development of necessary facilities such as family care homes, group homes, transition homes, and community shelters. 2 . Other suggested activities incorporated in the recommendation will be reviewed and reflected in the February 12th report to the Manager. Task Force Recommendation Nine Suggested Activities incorporated in this recommendation will be reviewed and reflected in the February 12th report. Task Force Recommendation Ten The Economic Development Commission Director will contact the Housing Task Force Chairperson to seek clarification on this matter. In addition, the team will explore the feasibility of a Demonstration Project - Modular and/or Low Cost Cluster homes for the Elderly. Details on this idea will be presented in the February 12th report. ORANGE COUNTY R45 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 2O2_ 1987 Action Agenda Item L - _-Eq' SUBJECT: DUKE FOREST - GREENWAY ACCESS POLICY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No R ATTACHMENT( S ) : INFORMATION CONTACT: Mary Anne Black Proposed Policy Statement Marvin Collins 9/ 15/87 Memorandum-Recreation & Parks Director County Attorney 9/25/87 Letter 8/ 12/87 Letter-Duke Forest Resource Manager 10/13/87 Draft Planning Board Minutes TELEPHONE NUMBERS : T� Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a policy statement concerning the County ' s position regarding the preservation of the integrity of the Duke Forest properties when a County greenway abuts and/or adjoins these properties . BACKGROUND : Recently proposed subdivisions adjoining Duke Forest have referenced the County ' s designated greenways as providing access to the Duke Forest properties . However, not all points of entry to the Duke Forest property are suitable for recreation access . At its August 18, 1987 meeting, the Board of Commissioners requested that a policy statement concerning the situation be drafted and presented to them for consideration and adoption . A policy statement was drafted by the Recreation & Parks Director and approved by the Manager and Planning Director . Approval of the policy was also obtained from the Recreation & Parks Advisory Council on September 1 . On September 15, the policy proposal was presented to the County Attorney for review and comment. Following revisions by the County Attorney on September 25 , the Board of Commissioners considered the proposal at its October 5 meeting. Action on the policy statement was deferred, pending receipt of comment from Duke Forest officials . The Recreation Director has spoken with Judson Edeburn, the Duke Forest Resource Manager, concerning the policy, and he has verbally approved the proposal . Written confirmation supporting the discussion is to be provided . 446 The Planning Board, at its October 13, 1987 meeting, considered the proposed policy statement and recommended approval of the proposed policy statement as drafted . RECOMMENDATION : The Administration recommends approval of the proposed policy as recommended by the Planning Board . POLICY STATEMENT 047 It is the policy of the Orange County Board of County Commis- sioners to encourage g recreation access onto Duke Forest properties via designated greenways only at roads other points of entry firetrails or Y mutually a g reeable between Oran e and Duke University. No 9 County site plan and no subdivision plat of property adjacent to the Duke Forest properties rtes and showing any portion of the Orange County greenway system (as outlined in the Orange County Land Use Plan and/or the Recreation & Park Plan Orange County Master shall be approved which designates or shows the property as having recreation access to un- less it is via a road, firet Duke Forest un- rail or other point of entry approved by Orange County and Duke University. Orange County Recreation and Parks Department N • AD■� j 48 300 West Tryon Street • Hillsborough, North Carolina 27 278 r. Life.Beinit. Mary Anne Black, Director MEMORANDUM TO: Geoff Gledhill, County Attorney FROM: Mary Anne Black '-trq DATE: September 15, 1987 RE: Policy Statement -- Greenway Access to Duke Forest As per Chair Marshall's request, attached please find a draft for your review of a policy statement concerning the preservation of the integrity of the Duke Forest tracts when a designated greenway adjoins or abutts these properties. This policy statement is recommended by the County Manager, Planning Director, and myself. The concept was presented at the last Orange County Recreation & Parks Advisory Council meeting on September 1st and it met with unanimous approval. Please note the usage of "recreational" access wordage. "Recreational" access implies "people"; in that greenways are classfied in basically four (4) categories not all of which imply "people", this distinction is important. Greenways can be utilized to (1) protect/preserve unique natural areas of botanical/wildlife significance, (2) provide natural undisturbed corridors of greenspace between larger tracts of land, (3) provide walking (usually paved path) corridors and recreational opportunities ull n unpaved/unimproved urban areas, and (4) provide hiking and walking y paved/unimproved paths) opportunities in more rural or less developed areas. The first two (2) categories do not imply "people" in that neither one's usage is compatable with people traversing it for purely recreational purposes. Please call if you have questions. The County Manager would like to have this on the agenda for the October 5, 1987 meeting of the Board. Please ensure timely review. MAB/pbl CC: Albert Kittrell, County Manager Marvin E. Collins, Planning Director Lorraine Parker, Chair, Recreation & Parks Advisory Council Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 I COI,E'1AX, BERNHOLZ, DICKERSON. BERNHOLZ. GLEDHILL & HAR(GRAV1:- Qp ATTORNEYS AT LAW 04�7 110 CHt:RTON STREET HILLSBOROUGH. N.C. 27278 919-73.2-2196 919-94.2-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E-FRANKLIN STREET CHAPEL HILL,N.C.27514 C 7151 $eptember 25, 1987 ALONZO B.COLEMAN,JR. STEVEN A.BERNHOLZ DONALD R. DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J.BERNHOLZ RICHARD J. SNIDER.JR. G.NICHOLAS HERMAN KAREN J• 5HANGRAW Ms. Mary Anne Black Of Counsel Director BONNERR D1 SAWYER Orange County Recreation and Parks Department 300 West Tryon Street Hillsborough, North Carolina 27278 Re: Greenway Access to Duke Forest Dear Mary Anne: - In response to your September 15, 1987 letter, enclosed is a copy of the policy statement edited by me. The changes i have made are principally Cosmetic. It seems to me that when and if this policy statement is incorporated into the County's Land Use Plan, the four categories of greenway utilization outlined in your September 15, 1987 letter should likewise become part of the Land Use Plan. Very truly yours, Geoffrey :E. Gledhill GEG/lsg Enclosure xc: Marvin Collin\f Barry Jacobs acobs Albert Kittrell Lorraine Parker 5 Puke Xnitrprsitg DURHAM / NORTH CAROLINA 27706 SCHOOL OF FORESTRY AND ENVIRONMENTAL STUDIES OFFICE OF THE DUKE FOREST TELEPHONE(pip)684.2421 August 12, 1987 Ms. Mary Ann Black, Director Orange County Recreation and Parks Department 300 West Tryon Street Hillsborough, NC 27278 Dear Mary Ann: As we recently discussed I am sends use and policy for the Duke Forest. Enclosedmare nma information regarding recreational Forest roads in Orange County have been highlighted,pa policy which access points and recreational uses, and a summary of a recreational survey lconducted man few nyears ago. I should note that there is a comprehensive land use planning process underway at Duke which includes the Duke Forest. at ukeowth Recreational use policy may of being prepared, so I cannot speculate on future changes.Y become escr oe Duke' I can describe the present situation and relate some specific concerns. y mission is as an outdoor teaching and research laboratory.The Duke Forest's primary than 50 year history, however, certain types �'' Throughout its more 11 without significantly impacting of recreation have existed usually include hiking and n jogging oioangoa g research and teaching rails and picningoatcdesignatedses spots. Should researchers report damage to scientific equipment, trampling vegetation in research plots, wildfires that destroy study areas or other adverse effects, then I must react in an appropriate way to protect their interests. Several specific areas which warrant some consideration are as follows: Fires: Fires, except in the picnic site grills are not permitted. We have been very fortunate in recent years that the wildfires caused by careless smokers or a campfire have been few and not very destructive. Limiting public access to certain areas may be necessary if research sites are damaged due to fire. Costs for fire control are currently borne by the Duke Forest, volunterer fire departments and the North Carolina Forest Service. Trash: Most individuals take their trash when they leave the Forest, though h certain more heavily used spots now become littered with beer cans picnic debris. Trash containers, emptied by Forest employees are located at the picnic sites and several other areas. recreation, truck loads of household garbage and ncog tru riontde b to 1 1 frequently dumped on Duke Forest Road (SR 1716) and Eubanks Road (SR 1727) and other scattered locations. 051 Access: Entry to the Forest should be limited to foot travel on gated roads and firetrails. Indiscriminate random paths from subdivisions, apartment complexes etc. have no regard for sensitive vegetation and research work. We are concerned that some developers advertise "easy access to Duke Forest". Parking of large numbers of cars at some gates, especially after dark is an increasing problem. We may need to control this and are considering limiting access to daylight hours. Liability: Areas such as "Rhododendion Bluffs" and New Hope Creek could be considered an "attractive nuisance" if someone were injured. I am worried about possible legal action against the University. Limiting access to daylight hours and appropriate signage may help. In reading the Draft Recreation and Parks Master Plan, the reference to Quasi Public facilities in Chapter 4 probably should be clarified. I agree with definition which refers to them as "...privately owned but open to the public on a limited basis", but .the Quasi—Public designation infers something that is not correct. The Duke Forest is private property, and any public use must be carefully controlled to protect the large investment of time, money and human energy research projects in the Forest. I believe our Advisory Group should consider this. I hope that these thoughts will be the seeds for some discussion at our next meeting. Sincerely, Judson Edeburn Duke Forest Resource Manager JDE/as Enclosures cc: Dean George Dutrow Mr. Max Wallace 052 DUKE FOREST Members of the University Community are invited to make use of the Duke Forest for recreational Foweser, to purposes such as hiking, fishing or picnicking. Hoseech protect the large investments of time, money and human energy on projects established within the forest boundaries, the following rules are strictly enforced. 1 . No fires of any kind are permitted in the Forest at any time except in the stone grills provided at the designated picnic sites. 2. Cars, motorcycles or other motorized vehicles are not allowed within the Forest nor on the Forest roads, except at the picnic sites. 3. Gates must not be blocked at any time. The roads are for emergency use as well as access in the normal operation of the Forest. 4. No trees, brush or other vegetation may any way mutilated as such damage might destroy research or in ht g g destroy projects. 5. Hunting or shooting of fire arms of any type is not permitted. 6. Overnight camping is not permitted. Other information for Visitors There are no facilities for drinking water or The R. L. Rigsbee Picnic Shelter is located at public open in the Fs art. at gates C, D, and 8 off N.C. 751 . These facilities may yd be reserved ervedc sites are office of the School of Forestry and Environmental Studies, 214eB Biological Sciences Building. A S5 deposit for gate keys is required; the deposit is not . refundable for use of the sheltered site. Forest cover and topographic maps of the five main divisions of the Duke Forest are available in 214 Biological Sciences Building for S1. The office of the Duke Forest Resource Manager is in 206-A Biological Sciences Building, Science Drive, on Duke University's West Campus. Telephone 684-2421 . — p �_ i I I �~ 1 -leasant Grove Dai _ i /a) I N a a. � a e a o 0 1 w u x • E G • • Mebane Hillsboro i n I 0 Durham p a us 70 � _ � �, a � cK ip 1 Eno elver ��Hlllsbo fat Wallill". I 1 -1 : ...... 1:1■41\14 . 1, _..., P ihk s C./ Dodson's e to lib 64-1 Durham �� ATetc .. 4 — : ,....,, +c.eir 1 , V ' Il _ ;Chapel �`';Hill • '� _ ack Carrboro�; NC 54 _ L -11pi I Chathrrpy y / fey, / • O • er y w ,-/ •Bynum H �I� us 64 LOCATION MAP DUKE FOREST •ittsboro Approximate Scale 1 inch : 4 s ~.... 054 „ I: it. Nk • cn r . _ a . ' — .. o ---"it-z:-.. - ... ! o il ---............. B 122 ... g A. c..1 - a 5' \ 1 • p.• — ..... .. ........ ce •- ,—...--,—..,E . • •.— - - • • . -- • , E • -.1..••••-.1: .N ., . , -54 N / ; -.• 0 vt • . . . \ ■ 0 tp04.1... • c...i . • . . . • • 1 ,‘ • •-..••••••••••`".■ :• ..:: 1 . , . \; ''S : o • 'IP:. : ..— 1 - ' -•• ... : .). , I ; .-' •' :. : • !4/. --. r : . 1 • i \ i ..... 1 . •'. • • • • 1 : .; . ...:1L7°--.■■ • '/ • i 4.:1 F. ... .1 0 • ... .....i 1- ...... •. •.• ' - , .. o' • tis) N. 4 • ..": , ;-, . • -. . ., , ....„ • . _. _•:_. • -:i 1 : ,---. . ,. - /. , : .14,. ___, ,....... .,%,4,is / .. -- ,-w. .... I l: • ' ..., I . - ,..a V •. 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I; ‘,..,.....;.=".•....-.,........... _ . .=,•••,--------------------r.---.,,,,,,:ln. -.. 1 . 055 . t�, - _,__ t `' o / ...... i i A/71 .- • tr. w •: -• :" _• ■ • • • . 0 - L . y = • a.•• •:--07 •r.� by •..•- ~� 4 j �:; - tee..-;....1.. -..: •'« ••l�_ •rte« ,.._ti ..•�• ,••� • ,^ { r i ..,�.. 'a .rte.. •Y _:u E 1 f /� 1..1 C•1 _ . l - ►-� u7 • a 0 0 z 0 a e 01 A w - F• U - .. - a ) Z1 r CO I 1 I <1 D continued that if it was possible to zone low-density 056 residential around the park, many of the restrictions of the overlay district would not be necessary. Jacobs asked Bell if such an agreement could be worked in with the Land Use Plan Update. Bell responded that he felt that the Memorandum of Understanding with Eno River State Park could be handled with the overall process of the Land Use Plan Update for Eno Township. MOTION : Pilkey moved that Planning Staff be authorized to contact and confer with the State regarding the Memorandum of Understanding with Eno River State Park. Seconded by Best. VOTE : 8 in favor. 1 opposed (Yuhasz - did not wish to approve something of which he did not know the specifics ) . 0 c. Duke Forest - Greenway Policy Presentation by Collins. Recently proposed subdivisions adjoining Duke Forest have referenced the County' s designated greenways as providing access to the Duke Forest properties . However, not all points of entry to the Duke Forest property are suitable for recreation access . At its August 18, 1987 meeting, the Board of Commissioners requested that a policy statement concerning the situation be drafted and presented to them for consid- eration and adoption . A policy statement was drafted by the Recreation and Parks Director and presented to the County Attorney and Planning Director on September 15. Following revisions by the County Attorney on September 25, the Board of Commissioners considered the proposal at its October 5 meeting . Action on the policy statement was deferred, pending receipt of comment from Duke Forest officials . The Recreation Director has spoken with Judson Edeburn, the Duke Forest Resource Manager, concerning the policy, and he has verbally approved the proposal . Written confirmation is to be provided by October 14, and the item will be placed on the Board of Commissioners October 20 agenda for decision . The Planning Staff recommends approval of the proposed policy statement (attached on page of these minutes ) as prepared by the Recreation and Parks Director. MOTION : Kramer moved approval . Seconded by Eddleman . VOTE: Unanimous. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGE D ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE • October 20, 1987 SUBJECT: Emergency Shelter Grant Application **************************************************************MY **** DEPARTMENT: Housing/Community Development PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : Grant Application INFORMATION CONTACT: Tara L. Pikes PHONE NUMBERS: HILLSBOROUGH 732-8181 - HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 **************************************************************************** PURPOSE: To authorize execution of an Emergency ncy S,Ater Grant Application. BACKC aJND: Again the Department of Natural Resources and Community Develop- ment (M CD) has announced the availability of Emergency Shelter Grant Program (ESGP) funds. The purpose of this program is to assist families and individuals who are homeless primarily due to their economic circumstances. These grants will be awarded to local governments to help improve the quality and availabil- ity of emergency shelters and services for the homeless in their communities. The maximum grant amount is determined by the shelter to be assisted with these funds. A shelter may receive $35,000 for rehabilitation activities and up to $40,000 for operation and services. The deadline for submission of the application is November 2, 1987. State and federal regulations also require that any ESGP funds received must be matched with non - ESGP funds by the local government or a subrecipient. In May 1987, the County was awarded $5,000 in ESGP funds for the Inter-Faith Community Shelter with that organization acting as subrecipient. Again, the Inter-Faith Council has agreed to act as sub-recipient and provide the matching resources necessary. The Towns of Chapel Hill and Carrboro have decided to submit an application for B.9GP finds, and if Orange County applies each locality would request $25,000 which would enable Interfaith to receive a total of $75,000. The submission of these applications would represent intergovernmental cooperation on behalf of the Inter- faith Council. County personnel have met with representatives of both local governments and Interfaith Council to discuss and prepare been forwarded to t application. The County application has appropriate County officials for review and comment. RECD DATIO T: Authorize the submission of an Emergency Shelter Grant Application and authorize the Chair to sign the Application on behalf of the board. EMERGENCY SHELTER GRANTS PROGRAM 058 APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: 106 E. Margaret bane Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Pikes Address: 300 W. Tryon Street Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. FINAL SUBRECIPIENT a. Name of subrecipient (service provider) : Interfaith council for Social Services, Inc b. Address: 207 Wilson Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran, amity Services Consultant Telephone: (919) 929-6380 3. SUMMARY OF GRANT REQUEST Rehabilitation funds requested $ 12,000 Operations/Services funds requested $ 13,000 TOTAL $ 25,000 4. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official Shi r1 py g. Manahan.1. Chai_r b. Signature c. Date FOR NRCD USE ONLY DATE RECD _ APPLICATION NO. ESGP #101 (Revised 10/87) 059 EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of applicant County of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. Please include the approximate number of homeless persons in your community. There are approximately 150-160 homeless persons in our community during a calendar year in need of emergency shelter facilities. The Town of Chapel Hill has leased Interfaith Council a building that will adequately house the Community Shelter and the Community Kitchen which is presently operated in two different locations. This facility will allow Interfaith to accomodate the growing home- less population in Orange County. 2. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? Services available to the homeless in our community nhity are provided by the Inter- faith Council. These services include emergency housing, food services, and referrals to other human services agencies such as Vocational Rehabilitation, the County Health Department, local Mental Health organizations, Joint Orange Chatham Community Action Agency and the Orange Chatham ComprehensiVe Health Services. 3. What additional programs, funds, or resources (including ESGP funds) does your community require for the next 3 years to meet the needs described in Question #1 above? Because of the growing population of homeless persons in this area, Interfaith Council has acquired adequate space to provide shelter to the County's home- less population. However, approximately $550,000 is needed for extensive rehabilitation of the present location. Additionally, the human service re- ferral program needs to be expanded to include ccunselinxg, social security problems, job counseling and placement. Y 4. Is the local government providing any of the federally required matching resources? Yes No X (See Question 17 on the Operations/Services Activities Form don Question 16 on the Rehabilitation Activities Form.) If yes, are these local government resources firmly committed? Yes No Briefly explain. ESGP #102 (Revised 10/87) EMERGENCY SHELTER GRANTS PROGRAM 060 OPERATIONS/SERVICES ACTIVITJES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Directions for filling out this form are found on pages 8 and 9 of the guidelines. A. Name of Applicant: County of Orange (Local Government) B. Name of Shelter: Interfaith Community Shelter C. Name of Organization: Interfaith Council, Incorporated 1. What is the overnight lodging capacity of your shelter now? 24 Persons 2. Amount Requested for Operations $ 11,000 3. For what kind of operating costs are ESGP funds to be used? Rent? Utilities? Maintenance? X Furnishings? Blankets/Cots? Maintenance Supplies? Insurance? Telephone? _x__ Appliances? X Other? (Specify) 4. Amount Requested for Services $ 2,000 5. What kind of essential services are to be performed with ESGP funds? Purchase of Food? X Life Skills Training? Housing Referrals? Employment Counseling? Job Training? �w Mental Health Services? Substance Abuse? Health Services? Day Care? Other? Clothing i (Specify) Transportation 6. How long has your organization been providing assistance to the homeless? 10 Years 6 Months 7. Are you currently occupying the shelter to be assisted with ESOP funds? Yes X No ESGP #112-1 (10/87) Operation/Services Activities Form (Page 2 of 3) 8. Is your shelter a soup kitchen, day shelter, or other entirely O S service-oriented organization? T .e X No 9. Estimate the number of persons who use your shelter or servi:_ - etch, day. Lodging: ig Persons Provision of Services: 17 Persons Meals Served: 3g Persons Referral for Service: 5 Persons Other (Specify alenhol ) : 7 Persons Counseling 10. How many different persons use your facility per day, on average? 46 Persons 11. Describe the types and circumstances of your average clients. Among those requiring emergency services at the Comity Shelter are families temporarily homeless. Women with children/ teenagers who are pregnant or who are having disputes with their families. deinstituti.onalized persona, chronic street people, alcoholics, ex-offenders and transients. 12. Estimate and briefly explain the impact of ESGP-assisted Operations and Services funds on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. Expand # Clients X Expand Services X Improve Services X Other (specify) wing provided by the Emergency Shelter Grant Program will enable the Interfaith Council to expand their present lodging capacity from 24 persons to the ability to serve an additional 15 persons on an as needed basis. Addition- ally funding will provide the enhancement of the present social services pro- slhlteerr facilities.assist with the rehabilitation work necessary for � 13. How many months of the year is your facility now open? 12 Months How many days of the week? 7 Days How many hours per day? 12 Hours 14. If ESGP funds will enable you to increase the time your shelter is open, please explain. The Interfaith Cauccil has set a goal of gradually increasing the present hours of shelter operation to 24 hours per day. Receipt of ESGP funds will enable them to reach this goal by the target date of December 1, 1988. 15. List the sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 Volunteer Time 37.960 Federal/State Funds 25 000 In-Kind Contributions Private Contributions 8 000 Institutional Contributions Other (Specify ) 7.000 TOTAL $ 97,96Q ESGP #112-2 (10/87) Operations/Services Activities Form (Page 3 of 3) 062 16. What assurances do you have that the resources cited in Question 15 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Interfaith Council has been in existence for approximately ten (10) years and has continuously provided service to the low income citizens of this community. Private contributions and donations as well as local government support has steadily increased over the past years and it is anticipated that this trend will continue. 17. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant. Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Refer to page 5 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds $ Staff Salaries 27.000 Volunteer Time 49,490 Donated Material Donated Buildings 50,000 Other (Specify ) TOTAL $ 126.E 18. Will all ESGP funds your organization receives be expended within 180 days of the date ESGP funds are available to your local government? Yea__x No 19. Is your organization a primarily religious organization? (See 24 CFR 575.21(b)(2) .) Yes No X 20. Row will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Interfaith Council who will be the subrecipient of the ESGP Grant is a private. incorporated non--profit organization, approved as a 501 (c) (3) non-profit organization by the Internal Revenue Service on December 14, 1970. ESGP #112-3 (10/87) EMERGENCY SHELTER GRANTS PROGRAM REHABILITATION ACTIVITIES FORM 063 A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Instructions for filling out this form are found on pages 10 and 11 of the guidelines. A. Name of Applicant: County of Orange (Local Government) B. Name of Shelter: Interfaith Cosumity Shelter C. Name of Organization: Interfaith Coil, Incorporated 1. Amount requested for Rehabilitation: 42,000 2. What kind of rehabilitation is to be performed with ESGP funds? Renovation? Major Rehabilitation? Conversion? 3. Describe the rehabilitation activities to be performed with ESGP funds. There is a need to removal all asbestos material from the building being occupied by the Community Shelter in order to eliminate the health hazard associated with asbestos materials. This project is estimated to cost approximately $54,000. The ESGP contribution of $12,000 will assist Inter- faith with this project. 4. Estimate and briefly explain the impact of ESGP-assisted rehabilitation on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. Meet code Improve facilities Expand services Other (specify) Elimination of Health This rehabilitation will Hazard future homeless �e the facilities available to the present and population of the County. The naval of asbestos will also eliminate a potential health hazard. 5. Do you own your facility? Lease your facility? —g Other? ESGP #113-1 (10/87) I5litation Activities Form (Page 2 of 3) •lb 6. Are you currently occupying the building to be assisted with Rehabilitation funds? Yes X No 7. How long has your organization been providing assistance to the homeless? 10 Years 6 Months 8. Is your facility a soup kitchen, day shelter, or other entirely service-oriented organization? Yes X No 9. Estimate the number of persons who use your shelter or services each day. Lodging: 18 Persons Provision of Services: Meals Served 39 Persons Referral for Service: 17 Persons Other (Specify Alcohol ): 2 Persons 2 Persons Counseling 10. How many different persons use your facility per day, on average? 45 Persons 11. Describe the types and circumstances of your average clients. Among those requiring emergency services at the Community Shelter are families temporarily homeless/ women with children, teenagers who are pregnant or who are having disputes with their fami lies/ deinstitutionalized persons/ chronic street people/ alcoholics/ ex-offenders and transients. 12. What is the overnight lodging capacity of your shelter now? 24 Persons 13. How many months of the year is your facility now open? 12 Months How many days of the week? 7 Days How many hours per day? _ 12 Hours 14. List the sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 Volunteer Time 37,960 Federal/State Funds - 25 000 In-Kind Contributions Private Contributions 8.000 Institutional Contributions Other (Specify ) 7.000 TOTAL $ a7,9 t) ESOP #113-2 (10/87) Rehabilitation Activities Form (Page 3 of 3) S 15. What assurances do you have that the resources cited in Question 14 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Interfaith Council has been in existence for approximately ten (10) years and has continuously provided service to the low income citizens of this community. Private contributions and donations as well as local government support has trdi1 eased over the past years and it is anticipated that 16. carte he source an cfollar value of federally required matching resouces that must be available during the period of the grant. Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5.00/hour) as they directly relate to carrying out proposed activities. Refer to page 5 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds Staff Salaries _ 27.000 Volunteer Time 49.400 Donated Material Donated Building 50.000 Other (Specify ) TOTAL $. 125.4p0 17. Briefly show how you will obligate Rehabilitation funds within 180 days of the date that the grant award is available to the local government. The Interfaith Council has acquired the services of an architect who has prepared work specifications along with cost estimates for the scheduled rehabilitation work. Asbestos removal has been identified as a portion of phase one of the rehab project. 18. Briefly show how you will expend Rehabilitation funds within 360 days of the date that the grant award is available to the local government. This Rehabilitation activity is a part of Phase One of the Rehabilitation Project which is scheduled to begin during the Spring of 1988. 19. Is your organization a primarily religious organization? (See 24 CFR 575.21(b)(2).) Yeses_ No-� 20. Row will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Interfaith Council who will be the subrecipient of the ESGP Grant is a private, incorporated non-profit organization, approved as a 501 (c) (3) non-profit organization by the Internal Revenue Service on December 14, 1970. ESGP #113-3 (10/87) 066 EMERGENCY SHELTER GRANTS PROGRAM LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, City of °tame , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 575.51 will be provided. A description of the sources and amounts of such supplemental funds is provided in this application. (b) It possesses legal authority to apply for the grant, and to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant approved by NRCD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 CFR 58.5, which further the purposes of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (3) Consents to review and comment on all Environmental Impact Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CPR 58 and 40 CFR 1500-1508. (e) Its ESGP program 'Jill be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15 NCAC 130 of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 10/87) 067 (g) It will give NRCD, HUD and the Comptroller General, through any authorized representatives access to and the right to examine all records, books, papers or documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. Name & Title of Chief Elect; Official Signature Date ESGP #104-2 (Revised 10/87) 068 ORANGE COUNTY BOARD OF COMMISSIONERS Action A nga Item No.(j ACTION AGENDA ITEM ABSTRACT Meeting Date: October 20, 1987 SUBJECT: Proposed Water and Sewer Policy (Discussion) DEPARTMENT: Manager PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To discuss water and sewer policy questions. BACKGROUND: On September 8, 1987 the Board reviewed a draft Water and Sewer Policy. Numerous suggestions were offered by the Board and the proposed policy was referred to the administration for rewrite. Although comments/suggestions were provided, staff has been unable to draft a policy without additional Board input. Discussion of questions included in the following outline would assist staff in development of a draft Water and Sewer Policy. Water and Sewer Policy Outline I. Public Health Hazard A. Will the County participate in water/sewer projects? B. If so, to what extent financially 1. with revolving fund? 2 . with grants and loans federal/state? 3 . county general fund or county enterprise fund contributions a) capital? b) operating? n69 C. Requirement of consistency with the Orange County Land Use Plan? II. Economic Development A. Will the County participate in water/sewer projects? B. If so, to what extent financially 1. with revolving funds? 2 . with grants and loans federal/state? 3 . county general fund or county enterprise fund contributions a) capital? b) operating? C. Requirement of consistency with the Orange County Land Use Plan? III. Efland Line (County Owned Systems) A. Will the county participate in water/sewer projects? B. If so, to what extent financially 1. with revolving fund? 2 . with grants and loans federal/state? 3 . county general fund or county enterprise fund contributions a) capital? b) operating? C. Requirement of consistency with the Orange County Land Use Plan? • 070 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 20, 1987 Action Agenda Item LG � SUBJECT: MEMORANDUM OF UNDERSTANDING -- ENO RIVER STATE PARK DEPARTMENT: PLANNING PUBLIC HEARING Yes _X_ No ATTACHMENT(S ) : INFORMATION CONTACT: Gene Bell Gene Bell 10/7/87 Memorandum Draft Memorandum of Understanding BOCC 2/16/82 Minutes Draft Planning Board 10/13/87 Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a proposed "Memorandum of Understanding" between Orange County and the N . C. Division of Parks and Recreation (NCDP&R) to address planning activities around Eno River State Park . BACKGROUND : At the September 21 Planning Board meeting, staff asked the Board for comments on a proposed Memorandum of Understanding between the County and NCDP&R . Discussions with NCDP&R personnel relative to the Durham/Hillsborough water line and potential development impacts on Eno River State Park highlighted the need for greater coordination of State and local planning efforts . The State proposed a Memorandum of Understanding to address such concerns and provided a copy of such an agreement with the City of Raleigh . Prior to making a decision on the issue, the Planning Board requested that staff obtain a copy of the plan to be jointly developed by the City of Raleigh and NCDP&R. The Board also asked staff to contact representatives of both agencies and inquire as to their perceptions of the overall process . At its October 13 meeting, the Planning Board considered a draft Memorandum of Understanding as well as information obtained from the City of Raleigh and NCDP&R. A question arose as to whether approval of the Eno River State Park Plan had been given by the Board of Commissioners . A review of the Commissioners minutes indicated that approval of an RC&D Measure Plan had been granted on February 16, 1982, but no approval of the Park Plan was evident. The Planning Board recommended that Orange County begin discussions with NCDP&R relative to coordinated planning efforts using the draft Memorandum of Understanding as the starting point for 071 discussions . RECOMMENDATION : The Administration recommends that the Manager and Planning Director be authorized to initiate discussions with NCDP&R as recommended by the Planning Board . ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD _ HILLSBOROUGH, NORTH CAROLINA 27278 072 O R A N G E„.1.„_,. .,,,,,,,, (..) .12; . , =0 C O U N T Y INTEROFFICE MEMORANDUM 8710-1101 TO: Marvin Collins, Planning Director FROM: Gene Bell , Planner III 4,1a SUBJECT: Memorandum of Understanding Follow-up DATE : October 7, 1987 When the proposed "Memorandum of Understanding” between Orange County and the N.C. Division of Parks and Recreation (NCDP&R) was presented to the Planning Board on September 21 , the Board requested that we learn more about the Umstead Park experience before they (the Planning Board ) made a recommendation . Specifically, the Board requested that we obtain a copy of the Umstead District Plan and speak with Raleigh and NCDP&R officials regarding their participation in the planning process . I have followed up on this request and the results are summarized below. I talked with Anne Walker, Data Services Supervisor, in the Raleigh Planning Department. She supplied me with a copy of the j.lmstead District Plan and likewise, relayed my questions regarding the City ' s participation to the Chief of Comprehensive Planning, Zoning Administrator, and Subdivision Administrator. In a follow-up phone call , she told me that the planning process had gone well and that City staff involved felt the process had been productive. She also stated that the plan was the only element in the memorandum of understanding which had currently taken place, i .e. , zoning policies around the park have not been addressed yet. Next, I spoke with Carol Tingley, Parks Environmental Analyst with NCDP&R and also a member of the Umstead Planning Task Force. She thought the process had gone well , but stated that it took longer than initially anticipated. She emphasized that it was an extremely complex area and that there were some conflicting goals related to, in particular, implementation . She also said there were some things written into the agreement which it was not possible for the City to comply with , e.g. , the agreement calls for low density residential areas around the park and there are already office and institutional uses existing in some of these areas . m ir 073 MEMORANDUM OF UNDERSTANDING WHEREAS, the State of North Carolina, hereinafter referred to as "the State", owns 1 ,354.27 acres known as the Eno River State Park, hereinafter referred to as "the Park", and has delegated management responsibilities for the Park to the N. C. Department of Natural Resources and Community Development (Division of Parks and Recreation ) , hereinafter referred to as "NRCD" ; and WHEREAS, NRCD, in 1979, finalized the Master Plan for the Park which prescribes the land acquisition, facility development and management goals for the Park; and WHEREAS, urban development is encroaching on the Park and has the potential for adversely impacting the Park ' s important natural and recreational resources ; and WHEREAS, the County of Orange, hereinafter referred to as "the County", has the ability to manage urban development adjacent to the Park through its comprehensive land use planning, zoning and enforcement authorities; and WHEREAS, NRCD and the County are strongly committed to the development and implementation of land use and zoning policies to protect the - natural and recreational values of the Park. NOW, THEREFORE , BE IT RESOLVED THAT: 1 . The County in consultation with NRCD, will zone the Park to a classification that will allow for the ` continuation of current Park uses and for the implementation of the 1979 Master Plan for the Park; 2. The County herewith accepts the 1979 Master Plan as adopted by NRCD and finds that all uses and recommendations outlined therein are deemed to be permitted accessary uses as defined by the zoning and development codes of the County; 3 . The County, in consultation with NRCD, will develop a comprehensive land use plan for areas surrounding the Park which would recommend mechanisms to protect and buffer the Park and its natural and recreational resources; 4. The County will establish zoning districts adjacent to park bounda- ries which would offer the maximum protection for the Park and its natural recreational resources; 5. Only after careful study and consideration of and after consulta- tion with NRCD will the Board of County Commissioners act on rezoning petitions for private properties proposed for the Park acquisition as defined in the 1979 Master Plan for the Park; 6. The County will establish zoning and land use policies that provide a smooth transition in uses from low density residential DOEFIT ' and conservation uses adjacent to the Park to higher density residential and non-residential uses at greater distances from the Park boundaries ; 7. The County will develop and implement watershed protection policies for the drainage basins of those major streams which traverse the Park; 8. NRCD shall be the sole entity responsible for making or requiring any changes to the 1979 Master Plan for the Park as administered by NRCD. 9. The State will retain title to the Park and NRCD will retain full and complete management, design and development responsibilities for the Park; 10. NRCD shall consult with the County prior to adopting significant changes in the 1979 Master Plan or its operation of the Park which would have substantial impacts on lands adjacent to the Park or public facilities serving the Park or its adjacent lands. (SEAL ) THE COUNTY OF ORANGE ATTEST: BY: Shirley E . Marshall , Chair Board of County Commissioners Beverly Blythe Date Clerk to the Commissioners ( SEAL ) STATE OF NORTH CAROLINA ATTEST: BY: Date -. ORI N E COUNTY _4; 17` • BOARD 0; CcflMISSIONVS Action Arjenda 075 ACTZOV Item N E-4 AG�'O•A ZT�I ABSTRACT ' MEEr= DATE FEBRUARY 16, 1982 • Subject: RC & D ENO RIVER STATE PARK MEASURE PLAN Department: s. :,. ., Z A •, • I Public Rearing: yes xno 1_ • Attachments): Ir formation, Contact: Bob Tennant - .. — Yes--Letter from Phone Number: 732-8181 ext.451. _ , :, !•, '-- -.,;. '-: . --- -Mr. Tennant. .PURPOSE: Board approval of the RC&D Eno River State Park Public Water-' Based Recreation Development, Measure Plan No. 37-6001-135-029. . Nom: This Plan applies only to the Cates Ford section of the - Eno River Park. There is no financial obligation required on the part of the County. The Board of Commissioners, as the governing body of the County where the Park is located, is asked to endorse , this plan'. Funding, when available will be 50% State Park and 50% RC & D--No district or local funds. ` The North Central RC&D prepared this plan which was endorsed _-by^the Orange Water and Soil Conservation District Board of. '--: Supervisors on 1/27/82. IMPACT: Addition of recreational developments at the Eno State Park would add water-based recreation acreage of about 15.5 acres per 1000/population. . This plan aids implemenation of a stated objective of the North Central RC & C which"calls for development of parks, recreational facilities, and wildlife sanctuaries.' If the Board approves the Plan, it should authorize the-Chairman to sign it. -1 RECOMMENDATION As the Board decides. I . ":.-•. .:- . . ...., area. Opposition to locating Day Care in the Cafeteria building was also voiced; reasons were that the Mental Health Center has money for locating 076 a day hospital there as well as this building (the cafeteria) being a possible site for the Willie M. program. Ms. Pattie Paddock, Director of the Cammunity Sdiool for People Under Six (hereafter referred to as Day Care), told the Board that locating the day care facility in the Cafetria was attractive to them. But they had no money for the renovation or the move. She added a _concern was also a lack of permanency for li,,7,4toi, ?:.15;: ir,* Day Carespace. ... . . . Cammissioner Wilihoit said that on March 1st the Board would &emulate what would go to public hearing. Instructions to the Manager were to delete the driver-'s license office. The Board set March 16, 1982, at 7:30 P.M.- in the Nutrition Roam at the Northside Multipurpose for a public hearing on the space allocation of the site. 4. Eno River State Park Measure Plan: Mr. Don Cax, Chairman of the Board of Supervisors for the Orange Soil and Water Conservation District, presented this Plan to the Board. He stated the history of the Eno River Park and said this was _ for the development of the Cates For area only in accordance with the RC & D program. Be said there was no land acquisition involved, no local funding requested and Orange County was being asked to sign the contract as one of the Sponsors of . ... . the Park.:. _ . _____________ Mt. Stuart Barbour, representing the Eno River Group, asked the Board of Commissioners to withhold approval of this Plan and to delay any action for sixty days to permit the Eno River Group time to study the Plan and prepare a list of questions for submission. Mr. Barbour said this is a waste of taxpayer's money and asked the Board to say no to the spending of tax money. MS. Sandy Williamson;. representing the Eno River Association, said mr. Barb 'a concerns have no relation to the document the Board was being asked to approve. She said there is no land acquisition involved and this pertains only to the develop- ment of one section. She added the community had been consulted as well as a study of the archaeology of the site completed. The goal is to preserve and protect the Park with access for the public. 1 - , Mt. Cox Qnid the environmental impact assessment had been widely circulated for this site and at that time he had answered a long list of questions.submitted by Mr. Barbour. Mere will be no negative environmental impact. -. , .... .- , .-. - ' .-. . . ::-_._. _ _. _- - - - st : '7'-''',:e.''''',-, 077 „:„:,--.k, Mr. Jones, representing the neighbors of the Eno State Park, said he lived at the Cates Ford area of the Park and the Eno River State Park is a good neighbor. The park is an asset to the area and all would benefit fran the implementation of the proposals contained within this Plan. . Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to approve l the Eno River State Park Public Water-Based Recreation Development, RC & D Measure - Plan # 37-6001-135-029, and to authorize the Chair to sign it. Commissioner Walker suggested delaying action until the Eno River Group -��--w--- had n..:;vgd,14,-1!”= .l emir" - ._. had sufficient time to study it and to allow others to speak. Other Board m=ute,-; said there had been a long process of public input and discussion. Vote: Ayes, 4 (C ommmissiaiers Gustaveson, Marshall,: Whitted and Willhoit) noes, 1 (Ozrinissioner Walker). 5. Status Report ai Planning Department Objectives: Mr. Polatty, Planning Director, presented summary of the written report the Board had received.out- lining acccmplishmants and objectives for the Planning Department. 6. Joint Public Hearing with Planning Board: The Board of Commissioners . rescheduled the joint public hearing (which should have been held on February 22nd) for March 8, 1982. 7. Board of Equalization and Review: Commissioner-Willhoit moved, seconded by Commissioner Gustaveson,.to adopt the Resolution establishing the Board of Equalization and Review for Orange County_ (a Dopy of that Resolution is on pages . . . of this book). Vote: Ayes, 5; noes, 0. Ctamissioner Willhoit said in his motion it was'3iis intent that the. mer diem be $40.00. 8. Proclamation—School Bus Safety: (Commissioner Gustaveson moved, seconded by Ckannissioner Walker, to adopt the joint proclamation (see page of this book) issued by Orange County and the pawns of Chapel Hill and Chrrboro proclaiming the week of February 21-27 School Bus Safety Week in Orange County. Vote: Ayes, 5; noes, 0. 9. Volunteers for Youth: Commissioner Gustaveson moved, seconded by Com- missioner Whitted, to adopt the Resolution for Volunteers for Youth, Inc. Vote: Ayes, 4 (Commissioner Gustaveson was out of the roan at the time of the vote): noes; 0. Commissioner Willhoit asked the Chair to write a letter and to enclose a copy of this Resolution to Mr. Charles Petty with•a copy to Ms. Virginia Wier noting the Board's enthusiastic endorsement for the Volunteers for Youth, Inc. _ MMIIF 078 DRAFT PLANNING BOARD MINUTES LONG RANGE PLANNING MEETING OCTOBER 13, 1987 MEMBERS PRESENT: Barry Jacobs (Chair) , Chris Best, Dan Eddleman, Peter Kramer, Mike Lewis, Sharlene Pilkey, Prince Taylor, Steve Yuhasz . Betty Margison arrived at 8 : 00 p .m. MEMBERS ABSENT: Virginia Boland (excused ) , Brenda Swann ( unexcused ) . STAFF PRESENT: Marvin Collins, Gene Bell , Greg Szymik, Brad Torgan , Emily Crudup, Joanna Bradshaw . AGENDA ITEM #2: ADDITIONS TO THE AGENDA Pilkey added a report on the Board of Adjustment meeting . Kramer added a report on the Hardscrabble meeting with the Durham Planning Commission . Jacobs informed the Board of the hospitilazation of Planning Board member Boland . AGENDA ITEM #4 : CHAIR COMMENTS Jacobs reported on the Economic Development Commission meeting for September indicating AGENDA ITEM #6 : PLANNING BOARD ITEMS a. Open Space Plan Draft Requests for Proposals (RFP ) Deferred to the regularly scheduled meeting October 19, 1987 . --) b . Memo of Understanding Eno River State Park Presentation by Gene Bell . At the September 21 Planning Board meeting, staff asked the Board for comments on a proposed Memorandum of Understanding between the County and NCDP&R . Discussions with NCDP&R personnel relative to the . . A D „079 Durham/Hillsborough water line and potential develop- ment impacts on Eno River State Park highlighted the need for greater coordination of State and local planning efforts . The State proposed a Memorandum of Understanding to address such concerns and provided a copy of such an agreement with the City of Raleigh . Prior to making a decision on the issue, the Planning Board requested that staff obtain a copy of the plan to be jointly developed by the City of Raleigh and NCDP&R . The Board also asked staff to contact representatives of both agencies and inquire as to their perceptions of the overall process . The Planning Staff recommends that the County begin discussions with NCDP&R relative to coordinated planning efforts using the Draft Memorandum of Understanding (copy included on pages of these minutes ) as the starting point for those discussions . Bell continued noting that Carol Tingley of the Division of State Parks and former member of the Task Force for Umstead District Plan was in attendance and could address some of the Board ' s concerns regarding previous experience with a Memorandum of Understanding . Jacobs asked about item #2 of the Memorandum of Understanding which indicates the County has already accepted the 1979 Master Plan . Collins responded that the Clerk to the Commissioners has researched this item in the Board of Commissioners minutes and she found that the County had approved an RC&D application relating to Eno State Park, particularly the Phase 4 Area . This indicated that the County had only approved the RC&D Plan and not the Master Plan . Bell noted that Susan Phillips, Eno River State Park Superintendent was also available for questions from the Board . Jacobs asked what procedure was used for NRCD to consult with any county regarding significant changes and their adoption for the Master Park Plan . Ms . Tingley responded that all of the master plans are subject to public review and suggestions by means of public information meetings and public hearings during their preparation . Pilkey asked about the timetable on Umstead Park . Ms . Tingley explained the implementation process and the overlay district adjacent to the park indicating some of the more stringent restrictions that would apply in the overlay district. Yuhasz asked if a copy of the specifics of the proposals could be obtained . Ms. Tingley responded that a final draft is being prepared and Orange County could obtain a copy when this is accomplished . She El 12 8 I 080 continued that if it was possible to zone low-density residential around the park, many of the restrictions of the overlay district would not be necessary. Jacobs asked Bell if such an agreement could be worked in with the Land Use Plan Update. Bell responded that he felt that the Memorandum of Understanding with Eno River State Park could be handled with the overall process of the Land Use Plan Update for Eno Township. MOTION : Pilkey moved that Planning Staff be authorized to contact and confer with the State regarding the Memorandum of Understanding with Eno River State Park . Seconded by Best. VOTE : 8 in favor . 1 opposed (Yuhasz - did not wish to approve something of which he did not know the specifics ) . c. Duke Forest - Greenway Policy Presentation by Collins . Recently proposed subdivisions adjoining Duke Forest have referenced the County ' s designated greenways as providing access to the Duke Forest properties . However, not all points of entry to the Duke Forest property are suitable for recreation access . At its August 18, 1987 meeting, the Board of Commissioners requested that a policy statement concerning the situation be drafted and presented to them for consid- eration and adoption . A policy statement was drafted by the Recreation and Parks Director and presented to the County Attorney and Planning Director on September 15 . Following revisions by the County Attorney on September 25, the Board of Commissioners considered the proposal at its October 5 meeting . Action on the policy statement was deferred, pending receipt of comment from Duke Forest officials . The Recreation Director has spoken with Judson Edeburn, the Duke Forest Resource Manager, concerning the policy, and he has verbally approved the proposal . Written confirmation is to be provided by October 14, and the item will be placed on the Board of Commissioners October 20 agenda for decision . The Planning Staff recommends approval of the proposed policy statement (attached on page of these minutes ) as prepared by the Recreation and Parks Director . MOTION : Kramer moved approval . Seconded by Eddleman . VOTE : Unanimous . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 081 ACTION AGENDA ITEM ABSTRACT Meeting Date OctobeL 20, 1987 Action A ea Item # C nd SUBJECT: TOWN OF HILLSBOROUGH REQUEST - RELINQUISHMENT BY ORANGE COUNTY OF ADMINISTRATION OF SUBDIVISION REGULATIONS DEPARTMENT: PLANNING PUBLIC HEARING Yes No ATTACHMENT(S ) : INFORMATION CONTACT: Marvin Collins 9/24/87 Sheffield Letter BOCC 6/16/87 Agenda Abstract 6/9/87 Rigsbee Letter 6/2/80 BOCC Minutes 1 -40 Design Standards G. S . 160A-360 10/13/87 Draft Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a request by the Town of Hillsborough for Orange County to relinquish administration of its Subdivision Regulations within the Town ' s planning and zoning jurisdiction . BACKGROUND : On June 2, 1980 , the Town of Hillsborough formally requested that Orange County enforce the County Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction . The Board of Commissioners approved the request. Since June of 1980, subdivision activity within the Town ' s corporate limits and extraterritorial zoning jurisdiction has been limited (3-5 applications per year ) . Likewise, revenues collected from application fees have been minimal , ranging from $630 to $1050 annually . The Town Board now feels the Town is ready to adopt and enforce its own Subdivision Regulations , a draft of which will be reviewed by the Town Board at its October 19, 1987 meeting. A public hearing regarding the regulations has been scheduled for October 27 , 1987 . The Town, by way of a letter from Mayor Frank Sheffield, has officially requested that Orange County release to the Town of Hillsborough the administration and enforcement responsibilities for the Subdivision Regulations . The request follows a June 9, 1987 proposal by the Town that Orange County release control of enforcement of the Subdivision Regulations . The Board of Commissioners agreed to the release on June 16, 1987 under the following 082 conditions : ( 1 ) The Town provides Orange County with the opportunity to review and comment on the proposed regulations prior to adoption ; and (2 ) The Town adopts and incorporates into its zoning ordinance and subdivision regulations design standards applicable within the Major Transportation Corridors of 1 -85 and 1 -40 and which meet, as a minimum, the Recommended Minimum Design Standards for the Interstate 40 Corridor and Other Controlled Access Highways as approved by the Triangle J Board of Delegates on May 27, 1987 . The Town has not yet provided Orange County with an opportunity to review the proposed regulations other than a rough draft presented to the Planning Director . The release of jurisdiction would not alter other services currently performed by Orange County at the request of the Town ; i . e. , administration and enforcement of the N . C. State Building Code and the Orange County Sedimentation and Erosion Control Ordinance. G. S . 160A-360 (g ) contains the statutory authority under which the County assumed responsibility for enforcement of its Subdivision Regulations within the Town ' s jurisdiction . The same statutory citation identifies the procedure by which the release of jurisdictional authority may be accomplished . At its October 13 meeting, the Planning Board recommended that Orange County not relinquish administration and enforcement of its Subdivision Regulations within the Town limits and extraterritorial jurisdiction until such time as the above conditions have been met. RECOMMENDATION : The Administration recommends approval of the Planning Board recommendation and further recommends that the Town of Hillsborough be notified of this position prior to the October 27 public hearing . Harding Hughe CJLIIUn of lTown Administrate Mayer ! Town Clerk Frank H. Sheffield, Jr. 083 Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 Supt. Water Works Commissioners James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd �w`k� '�t� L.D. Wagoner Remus J. Smith „ `sr - Chief of Police PaniZatammatoc 7k.740.3 Arnold W. Hamlett Sally Boericke * Fire Chief 10. John Forrest k , vy1,v September 24, 1987 Ms. Shirley Marshall, Chair Orange County Board of Commissioners Orange County Courthouse Hillsborough, N. C. 27278 Dear Shirley: Since 1980, Orange County Planning Department has enforced the Orange County Subdivision Regulations within Hillsborough and its environs and has been most effective in its administration. Last July, the Town was able to hire a full-time planning person and later this fiscal year a part-time person will be added to that department to help with the planning and zoning for Hillsborough and its extraterritorial area. The Town Board feels the Town is now ready to adopt and enforce its own subdivision regulations, a draft of which will be reviewed by the Town Board at the October 19, 1987 meeting. A. public hearing regarding the regulations has been scheduled for October 27, 1987. With this schedule in mind, the Town officially request that Orange County release the Town of Hillsborough from the enforcement of the Orange County Subdivision Regulations. Hillsborough appreciates the service Orange County has extended to its citizens and the Town Board looks forward to continued undertakings with the County. With highest regards. Sincerely, 474X:4C z,k.#416 Frank H. Sheffield, Jr., Mayor cc: Marvin Collins Harding Hughes Hillsborough Town Board 084 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 16, 19t7 Action Agenda Item # 4;4 SUBJECT: - TOWN OF HILLSBOROUGH REQUEST - RELINQUISHMENT BY ORANGE COUNTY OF ADMINISTRATION OF SUBDIVISION REGULATIONS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Marvin Collins 6/9/87 Letter - Hillsborough Planning Director 6/2/80 Commissioners Minutes Design Standards - 1-40 TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a request by the Town of Hillsborough for Orange County to indicate if it will relinquish administration of the Subdivision Regulations within the Town ' s planning and zoning jurisdiction. BACKGROUND: On June 2, 1980, the Town of Hillsborough formally requested that- . Orange - County enforce- the County Subdivision Regulations- within the -- Town limits and extraterritorial zoning jurisdiction. The Board of Commissioners approved the request. Since June of 1980, subdivision activity within the Town ' s corporate limits and extraterritorial zoning jurisdiction has been limited (3-5 applications per year) . Likewise, revenues collected from application fees have been minimal , rang i ng_.f rom-. $630-- to- 51050 annually. The Town has now initiated the - preparation`s--.of : = subdivision regulations for its planning and zoning jurisdiction using the Orange County Subdivision Regulations as a model . Before commencing,- this effort in earnest, the Town would like to -know - If the Board —of-Commissioners will--release control of administration -- and enforcement -- of the -subdivision regulations to -the Town upon adoption of its own. ordinance. The request would not alter other services currently performed by Orange County at the request of the Town; i . e. , administration and enforcement of the N. C. State Building Code and the Orange County Sedimentation and Erosion Control Ordinance. The Town of Hillsborough currently has no regulations V its zoning ordinance which apply to the MajoTransportat. Corridors (MTC) of 1-40 and 1 -85 . The Orange Cou Subdivision Regulations apply buffer and landscape standaruz to new subdivisions which are similar to and achieve the same effect as the MTC provisions within its zoning ordinance. Wake County has initiated a procedure whereby it re uires p municipalities to adopt certain regulations q of additional extraterritorial jurisdictionby� or to role ntse The procedure has been applied twice, both involving MTC requirements. Given the lack Hillsborough ordinances, and since uthe Initiative tforn the the preparation and adoption of subdivision regulations was the application of buffer standards along 1 -85 , a similar procedure as applied to the release of subdivision regulation administration to Hillsborough appears warranted. RECOMMENDATION: The Manager recommends that the Town of Hillsborough informed that Orange County ronquish administration Y will agree to relinquish Regulations within the nfTown melimits f and iextraturritirial zoning jurisdiction upon adoption of the Town 's subdivision regulations under the following conditions : ( 1 ) The Town- provides Orange County with the opportunity rev-1 ew-and..r_comment on the_ ns to adoption ; and Pr o posed._r.egula#_ions prior (2) The Town_-adopts and incorporates- into _Its zoning ordinance. and subdivision- regulations design standards appiicab-le 'wHthin the Major Transportation Corridors of 1-85 and 1-40 and which meet, -as---.. a- - minimum, - the Recommendations-- for pas is-- -Des I n Interstate 40= y as b g Standards along the TJCOG Regional Image TaskForce. l`40 Subcommittee of 9/§§ );Turn of 3rti1L5buruug —_ Frank H. Sheffield, Jr. Town Clerk HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Water er Works Commissioners Supt. Water Works Myron L. Martin James Pendergraph Horace H. Johnson Street Supt. Allen A. Lloyd 40- f s a'� L.D. Wagoner Remus J. Smith y Sally Boericke Chief of Police � Arnold W. Hamlett A. Fire Chief • John Forrest June 9, 1987 •'�...i�w Orange County Board of Commissioners 106 E. Margaret Lane Hillsborough, N. C. 27278 Dear County Commissioners:- At the June 8, 1987 . meeting of the Hillsborough Town Board, the Board instructed me to write to you regarding the County's relin- quishment of the administration of the Town of Hillsborough' s Subdivision Regulations. The Town Board would like to inform you that Hillsborough has started developing subdivision regulations for the Hillsborough zoning area. Orange County' s Subdivision Regulations will serve as our model as we feel that they are well conceived and well written. Of course, the new subdivision regulations will need to be discussed at many meetings in the near future, be counted upon at a Public Hearing, and, then, finally adopted by the Hillsborough Town Board. Before the above work is started in earnest, we would like to know if the Orange County Board of Commissioners will release control of the enforcement of the subdivision regulations for the Town of Hillsborough when the Town Board adopts the Subdivision Regulations of the. Town of Hillsborough. If you foresee any problem in releasing us from your subdivision administration, we would appreciate it if you will advise us as soon as possible. I should like to request the Board of County Commissioners to place this matter on your agenda for the June 16th meeting of your Board. The Town Board thanks you and your efficient and knowledgeable plan- ning staff for all of the assistance and cooperation that you have shown to the Town of Hillsborough over the past years . Respectfully ours , ru? 7' net V. Rigsb. e arming Director cc: Marvin E. Collins, Planning Director, Orange County . ' y Commissioner Willhoit moved, seconded by Commissioner Barnes, to table the New Hope and Orange County Rescue Squads ' requests f for supplemental funds until budget deliberations. Vote: ayes, 4; 087 noes, 0. Agenda Item 10: Luther Clayton Road + Commissioner Willhoit moved, seconded by Commissioner Barnes, to acknowledge receipt of a secondary road investigation report from the Department of Transportation recommending Luther Clayton Road not be added to the state system. Vote: ayes, 4; noes, 0. I. Agenda Item 16: Reouest from Town of Hillsborough - Enforcement of County Subdivision Regulations— Mr. Horace Johnson appeared on behalf of the Hillsborough Town Board and reported the Town's action concerning a request that the county staff enforce the county's subdivision regulations within the Town limits and 1 extraterritorial zoning jurisdiction of Hillsborough. • Commissioner Willhoit moved to honor the Town of Hillsborough's request and to request the Manager to develop the county's cost for providing such services for Board review. Commissioner Willhoit withdrew his motion. Commissioner Gustaveson moved, seconded by Commissioner Willhoit, to honor the request by the Town of Hillsborough and to work out a fee schedule to submit to the Town. Vote: ayes, Commissioners Willhoit, Whitted and Gustaveson; noes, Commissioner Barnes. Commissioner Willhoit moved, seconded by Commissioner Barnes, to table items 11, 14, 17 and 18 until June 3. Commissioner Willhoit withdrew his motion. Commissioner Willhoit moved, seconded by Commissioner Barnes, to adjourn the meeting of June 2nd until 7:30 p.m. , June 3, 1980. Vote: ayes, 4; noes, D. / 1 /,, i riff Richard E. Whitted, Chairman , , .• ...-L.....,...,- ,.4,_ ,- „ ., ,,ir,.4,;‘,,'.z.,,;.,1.-,....,. ''• 'r 't 40, 4io ' '-''1, 4 1%.1' 4--'. 2:.', 7- -4' r"....'r7' -,2'1-,-A" -'' '•,,, , ' ..1-- -; ,r— 7" ,- ""' :-7-2'-: -1 '''T''..e 4 -rt're r.. 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'!""■-e,' ''4• -' ''',0- '"' " '"'' MAY, TRIANGLE J COUNCIL OF GOVERNMENTS 27 MAY 1987-,-.:•_.---,•.,,., _ :.-,,,•,:;,,,;„.:_, ,,..„,.,, , ,.A, ,,,,. ., .,,_:.34., ,, '-1. 4.'''''-----,::::-''''',.'-Z,TO'''-':.-''''''-'''.-: ""-''',•2'•i''•,-'•:12-1.--'_,.-----`',-t-'*',`•-if••••:--Ifc' kli,••44i44.,i,.•-i. , •g-.2-'• `-t4::,11-4.4i ..,,A..1bil:-..- 1,-.4-- _--.:•;7:1.4.,44i,i',4,,,,,,,s.,... .,,,:.;,..,„•, ,:-:‘•;••,,. t *4.-:,tt,!. .;,--.r1,-:,,-,,'...1.',?''.-2.''I'''-'';'";:f.,.'...':i •:!-'''' '''''''.':.'''''''' -"'"'" ' .,;,44'..4,' '7;* "' :,.L.4 fii.?.F-0:-*A-Y7V-74,--:;--t'.'.:-%:jr44.ei-g4."-:044:-4-1A -."."Z"-i 'k,',t'll,",i' :.;ti,.-Yrs°*:'''''.4",trir-r;';',-, • ;: • '''' ''1. ''''' ""Zh' ,`"Cr ' +-'4'"- 4''' 7. -'','''t '''"' -.' i"V'''' .1','7-",-4. '7 i-'.' ' -4 ''';-'.e'ri-i'-i"-'4'i*k. 'kr,''''',":'tcs."A''''''''''- PUrpose btatement -,;•. 1,,. •-_ -. -4''''' -r %,- - --',0-- ' *''-' -: 1--' !—," •-''' '''', .'"' '- . - " t-,.,. '4,y,-,,,,,74 „; ilx .. „ 4 - 4-The tree-lined highway corridors are one of the most important features contributing to ,,,..,;;*.,,,,..-,,,,•4.42,,,,„ :,• •, ;44,„..•:„,;1.„: f„,,,. , . . :•.,;,• .4,,, ,..,.• ' the rural park like quality of the Research Triangle Area, and are a major factor-,,, rt, , . ., .., ,.. _:,,•!,••;.,. ru , - , .... _ --- • • - 7.a ' i'' 'i''.:.'•'•6..5 i.:.''.T.'''.*Shaping the Region's image now and into the future. The purpose of this effort is to .,,,-- ...-4,,y, ..,...-;•-•., ,. '1,• ,o-,-oo!„,,,-.•4'.develop a set of design guidelines to protect and enhance the visual image along ,:•..:, ..,:„ „, .: ,. :i -- ,,,„.-42.-,,-•dif; . ,i4, -e-rPi. interstate 40 and other major highway corridors in the Region. Although the Research ,,,,,t.,,4,44r,,,,t4f.e.,. Triangle area is rapidly urbanizing, the rural Ian_dscape,representsatrditi_p.9 th,t,_.4„;::::,,,,,-,,..,_,...-...,--.'-',.., ., ,.1,4. 1-47 ',,%.0.11,- should be woven into its future visual image. --- •••=:-. •:: -_.:•:.., ;-_ ‘...- ,... -....,.:„. •• ! 2,s_.,_,......,, -._....,,_.; _•..-2-, ..- .. -. .. -•- -....-. .. .;••,:e , :...,-,. 3.-1----,:',..,-.. .*',1,1:k ir''....-;',:.‘,.-4,1 r-,t..-r.r'....-_1-11-:,,:7,"-".K riT,:VelA•4744",.'4,-"r::-...',1/24', ''''F'.:-'77..;..:,:''',;, ..-., "_.•!..-:. '='-.74 E1,3.t.k7Z,•:4.'.'c.'4":44--.7..,.,..t:t7AL,; 7...41,7.7.1:::-QP.:~4..t,v.54:_,:.-,:,,,?...,.At...-.:-,'-;7,,,_.„,‘s-4.1.,,z.i.,715,:24:1:;:c.;:,,,4.14:1.....,--,-,. .. '4.._ •-.._•-f■-';'-: ,.54-' -, ,;--, . ,i ,.-.,, .;,.:,,,,. .,..,„....4..,4...,... .........-..,,,, .,..- ,..,.-,7.- ..'. -. ::-., ---., ,;-.''-1.q:,-4:5=?,?,'rir.,...--e---'-.. . r--.1.•,_--, -,•-,--....,--- ' -- - ., ',05ii4.Lid-r.;7-,Lq- '-'-'r:k.'-''. '' Approach -.,,,,,-,..-4.• •.. - . ... . . . _ . . . •"' To recommend a minimum set of design guidelines that all communities in the Region ..-4A''''4 ;•'-e ', - ' - „ • - - . .- - . _ • te •-,,:,y..4,-.z.-_-_,:--.,-..,-,-..--.--...,...„,--.•_,.;7-.-,. - •.‘ '-''''''''''''''''''' i e to meet or exceed in the development or amendment of their appropna ,,,..,,, - ‘...;.,...._ - gre .- ,--„,- ,- --,- ,- • -. . - - ..- . -,--,..-7L--. ',..7;*:".i'stMAr_ifrt"."77,7 v;7',„:. ,.:.;. ,,,-.:•.-..._.,21;_--, v„.,,:,•-•-..,.:••-•,,,-'..!,';.,.,• •"• --- '-:-..;;:■'..-i'F---='•-• -"'" 1,-,4v,?-6'frretn ordinances, regulations or policies,t,, ,,,-,.:--.-.:,•.-2- ,:,_•,,_.- ,7s--t.,„:„,g, _,-„......... s_7,.,,,..„._,;•, ..,_,,,,_:,...,,.„._:_,..,,, .... , _.,,,,,,,,,„1„..,.._,.„,.,,,, ,,., --••:--.'•--y,..•-•-----, •- •."24- ---1,,..-0,- 0, ,• •-•e,.2.,..-2-,g,z.--i. :re.,t-4,-,-,Eut,A1:,,,,-. :,7:-.-.:,-,2,-4 -•-•,-;1_24;,-,- :,, --.- -. -.--,:-_:::.-.,...- .--_,--_-'TP,':1:"2-.,,17-A7 '''4,';'ir- '. ...v.'.-7.'.;:. ..'.....!.••••,--.--,7 .L.-12 ,, ,-_-.^ ,,,.''. ''',...'.;....,..17_, ...'4 ''''t'-'''''' . -.•'-''..r.,..,---say.xe,A . ,fi.,4 ,:......fr,L, ,,,.,,_ ',, ' ....,'„_,. .-,,Z,•;.. .,...,''.2,4.. .',.-,d.A.z.g...,.. „,f,r,7,.. i.,,,...:,;,-4....,-04:--,--*_4-,--1;-...1.-,•••••• -, -- :;* ''7` '-'--.. ReCOMMendatiOn7.7. 11:44A-(it-.4; ::%,1- ,-4:' -.;:i7::7;:-'47-77. -- ,-.-. :F.,-,,,-•-.-.• -.-„,.,-.. ..------,--„-.,---,--., %-._-._ , . ,,,,..7,,.,___7_,.;0._, , _. 7'.7--3,.: .:"-.• - ,' - :-- - - .'-5 - - '' -':'-- 6--- -' 1..F'gf..4,^re-,-`•..i'"',•':''''-;,(S''L v"`-'414 The recommendation is in two parts that are keyed to building height and would apply 1-'1- - ' -,, •,,,--,- AO..... '..:.. . ' • . 0 ''....;'Li ...."77,... 1! Y,.:.,..',,,,,,;..,.1 ,....;..,...:4....Y':i.....:7;..;.7..:.;;i.., ;'','?7'.1.6;..:::.•::':;:'i''..•:!...57.!...' ' L. ..1*'' .+1''.'in an area 1250-1500 feet from each nght-of-way line. ...5,;;._.-....-,i.„ ,,..-A-,.,;,,_.5.-...,,,,,.. ..,,t- 4,44,-,„t.,,,,.,....4s,r,..-__,,,,,,Lq t_,.,..*-,_.x.s.•_,,,r...-•, . - *1•._,v.:.,,i,-, Ifigia:, ‘ •••-,4,,,,,A,..,r-...,:,,,,,,,,..tv4,74.4„_.:,,,,:,,,,,,,,:i.,,,,_-,,,...,,„-_,41:,...,- :._7,-„,..,.,,,,,-, ...-.-..:-:,:v,„-•,,,--.....r:5:-.....,!.,.--.:.f.. .,':,..-.--.17':::7'''...- 6-'..'_'::.•"...".r.6.1:-':'Z:-..'"..;-te-174.;".".. =--76',e;w3%2-1';:i --7.- '4;'..•,„,tL,-•: '- --t, I l'e- :. . '4-•,‘-* *4'-";"'' "1-'; '" ''' '"1"t''''''''''"."I''' -2.1--"Ae-' ..:2'''''''Y. '- '"' Recommended Standard ..4,,,,.?„,. _,,., ;,,,i,.. •,-.7.2i-,..:-.1,-,,.- „,,,,,,, ,,,....il„-s :„.:-. 3„:•_ _,,,..-.;y20-...•;i7:'.-,-:-It-,,,,i,,r,g,,,-,A2„1:,,14::!•;.:.:•,-,.7:---f.:_'•.--;.•.,:•, -,--';r:-. :._ • . -`, •-•"'4'6 4 v, ,,,,,-,R, -,,,,,,.,, ,ti.. i).-,4„1,,,,, AL4,-.;...,-.:,w.;; ,.,,,f;:ig.,,,,,i.i-,-..., Lity.,,- .5,.:.•,,,. --,!.,,,-- --;,-,-. -. .- ._ ,: .'7”, '-' ''"-,' -•'.- -Z.., 1 .'•`, .-•.-' '.I', '. • _ ''‘••• -4,,.- 4!-WF:).'"'-•:.T.,74#ir..,-•.7-1,1 _. It -...., 7 - -. .___- . .. .7....k.....---4.!,;.-..Y.......,,,I'-'''-'44,41 Part oh-e-(buildings 60 feet or lees above benchmark level - B.M.), -. :..,,- =.:,„_,, • , ,.--•. , -;__-_;:_.•,;.„ ..,.3•___;•-,,,,..„ ---;;;,,,;,-.isE%--3- .,: ....,. .4,...4.;,fa''-. .-....^'-t'■cl...:',4,•r :1.':'T.^-;7):-.,t'_a-::'= :'li':'-i.."4-=, •':.:.' .. 7 ,, ..= '-'-:-'".'- --'--.'',•;P74;:.i."T'T',. -:1--•- 17-4,,2.:7-: ::.-1,;-'LL .4. ,:..: -.-i-,-,,T.,,,,i...-:-7';:-...::!.!-,F-:7:-,--.. • ''.' 7'•' ' -747:,••;'..-:. --',,• -:.f_,, -',.,•,:.. _ - 144 4- - " ,•■ . . • LI 7,.^.....V.:,2•_,,,Y_Li'r',.r.t,-:2-:...-.4,-Z,--.;;k.,-....-:. -4.474.Perrnit mequireasc.,-,,--_,.•;:___,,, __,-----,•-_-..4,,-_,4- ,_:_-_'.-- .-=',.•::,7:-,-',----,,•-',..:-.T, ..:= Site plan Review (footnote 1) r•,-.-,y,-_-..= - _ -.• ,-., _ .%:.--;:•:.:,-..-z.i .,.,:to Height. . ••,,7- _.-:0214,,,q. Building meignt Limit.(14.7-:'•= --_.•,-:;..--'---_:.,,I-6:._' '-`72,..-,i'--,'_-,--;-.•,::;:j„i''_•-•.1-.-_,:ir--__.:,'=•,,,-,_ ',.. 60 feet/5 stories above B.M. or -, .--", 7.....'' 'f'tit'47**P4 -47-4-4,--- '"-!-.4.,----=.3'' ':''-::::. -:":e'''''":24:':-t- '- ''''''`--6'. '"'-f 150 feet/13-15 stories total height '6Y-'' ..-.7"4,-- *._1?: -,--1"-,',".".:-..!-,4,5"--_-414-t iiz--.;-'-'4, 7.-,--.-a:.:,-..;„, ,--,.:-4:- ;f.'4...- "i••^--''t. -**LF-Af4:4--''`..-ti7.`--;774,-e4r:x.-'-,-";' /g • • 13%';' "- '- '' ''' --;' '-'.---"-'' 5`--;"` i,;"7 "."'',A``#-'-f .7''• ---1 :.; ..,...:..s it-..., .,.li:41,T„ ,' '''.-.7..,.;;;77.t.:: :t' ,,Td-',..!-:--'.-,•.-rf -1,fq.,:'':- L.-.-----_ t 00 inoie &,,,, -•,,_---.••••-...:--..-:5:•:---.-._- --,.:-..-.7.• -_:,-,,,,.,, ;.;....-,,,„.•.•-:---,.-, •,,,....,:04. -..,..,A.,__ ,•<-4•-•,,..2. .,- 7.4..,-J,e,...,_ . „-„,--_,....:es,,k-k,_..,,,,,„__.:.:,......,.,.,,„„..'L.^,-,,...,•::.:7.....,,,,,..11.,:,.7.,..,-. ;.. VIF' '' ' Al 4'''''.0- 6,. ,-3“-,1 -a---.,,7-4' ,-- --1--4;-,'-'4.-'-i'''-''-':- -- ,:T-- -'4'-'-'-,-- "- = 50 feet; natural or landscaped ,--.•54 ,,...- -•-•••-%'-"e-4;,,T,13r:.• Buner: ,,- -•.-0..z*- -Ai-r•:--,. ..---v.---•-,:::: "--!:-'47-.. -'."' :-: ,-,a;j447,;');A't7, :-...r:,,'7. ;;-,..--.,-.-'-': - --_a. . . 15% -"'-'.."'""-'''-:' 7,-.■:" "-"cf-.7.;"; t:"'' -,; %.-..i...-- i.''-.,.$'-1 ' ,t''-'. ';- Y--K,Ilt.V.k=-61s-- 3,k.e-,:r.: -;',- -;- --L---if-,a ,-zr-----vooinoie 01;1,.27,,,f,.-:-,-, -•:•„t-,,,,,Rts:.rify„,-;at.i..„,T,•„•It,-„;:it.,,,,,,,_-,-..;,--, „: - ' - - - -- --,'• L-,4-"-,r-14-w." .4""ts - -*'-y.:=be., ".: .-i:"..:er.;_;...." ,-,41-....--,-.Itld...cm!=, 4:-'.:164. :t.,-Building Setback from ROW.;•::::::. -.•,- 71--.' ... ' ;- t' - L 100 feet (footnote 4) `:;.:''t:-. '.-'_ '',::. '-'2•t ' - _ 1-,117,.IV';'.;,?•;.-• -• ,-,•4,,,...„ „„:„, ,,„;,,,,,,----,',.•:._ L'-' 7'-•...A•-: -r•."-::. .• , -71.'"•4t.l.0 ,:■::'''111W"".On-PremiSe oigns'. ."7?-"`''''''-' 446k"..A1-1' ,. .i.3_,!,,,.t.f,tt_;::: ---,,---,-,,'A'',--.;,.--v:.,''.-.-.,'''-.'.-'„'r,-,',',„,'',=,_',-07„',•.•4•..„"_i-. . ''' r,` i •.,..X.'L...','o,,..wT,•.----.---.-.1-,•--" 7l4qli- ,Vw''',.4,e4,1,1.7:7--4_ .:"- 1:.•..:,..'-:%7. „•:F-.:=::..?,1-_7:,,-'I'.Av't:2 ,,!--L-2.2,.--,7.-,-: ‘fr, n-t ne n tna in__it,t,/.e,__4 d•.-1..2'-_,•:l..-,-',•7-.,,!1't"•.k.'4.i-e'!''.'..,.,.,,-.,..z"-,'.,.,_J--k.J,"•--".;:•,1;-:":4.41'".'4.-'_,..t.1..4..4.4A:'7.--).4,-r.-,,1.t,';''.,!"s..','L-„''..'-„-h'..''.,',..i,"•..`-.'t.k-,i_t C.L:ro..5,..,7‘:'t7o..t.7.4e•.+.:.'4!-':,.-=.0?-,-'.,,--.67':.,'-,,,.-0•••"---..,,_--,'-,-t.-'..t--c;'.7 Bilioads- -. N Ot P 1.,,-__4-_,,,..".47,;..•;!-...4.-..,,-,.r z,-.1':g:-:•,.,;:,.':-:L'tr--..-;:-:- : Part-TWO (buildings more than 60 feet above benchmark level • B M ) ••-•'-'.:7- .7t:,,,i•f•,..---;{-?7:---1%,?--•::,,,-Z- :.f-r•-e•-;4.-:-::" * r,:-.5,•,_•,:_.. -,•_,- -, •-!-,!,-'7, - 4-3-,..eft*,4„,... - i--re,,4*-.1-,----N---...,•,-.,---:- :,_:-.7,--,:-.•----. 6-1_=.1r.: "=7:--:- --,:-."---_ --!..r--..---, -._ - ._-:-,-.-.,-._;_.„ •: •,,,,_.,, : - .4. _ --.„,-...„:__-_,-..:,,__,-,:„.t._-:,..,. ,L,1--..' ..tttAe.-riw.:(11,7_,.-z.,--.,..r--..,,...... ' , _7 .., _-..._,,r,..; _. .. _,.._,, , s ' ermit equire 4.--,4-•-,--t,-17-,...E,,,t-_.E..._ ,,,f-_-_,,.. ,...., ., -,-- _ - - _. _ _ T 171 R . • d''"--'4----'."--"---.:- -•.--'-, - •--'-':' "=- ---* - - --- Special Use (footnote 6) •,-,-,,-,..,:•-7,-.•.-7-,-. -. Building Height umit-.t.w.477z. ---37..-...'4,-..-,-,--..i.--t-:-__ .:-„•• ,.-,-::-.~s.,-,.-i: 150 feet/ 137.15 stones total height '-,-;'.---.7_,- .---.:-,,:_--,..-,::--1.- . _,,. ___ _,_ ..: '-.7:''Ll,-;.--r-r---.4a6-f4•'-----,-„,*To- Buffer-,-_"''''''44:,--ii'-''''-''--:-'44--`"i14-=',--- -- ------- ,----:=''''''''-'' 7=- '-'-- ------- ' 0 feet*- natural or landscaped ---,-.:-i-f -- :-• :------- __•-, .-_-,--•:- : .,- _ - , - _ :7-7'.---'.'T::15;':--c-41--.7'. "'-" ..'2'' :.'^' 4' --:''---'''''..L. ''''''.. ..-:".i:"';"--;L-"---;.-"'- '-''''' T='"—•-'';'-'"'-::'''''''"- -'- - ' 12 --2 (footnote 3) - -••--t- -.:---- ----:----7- - --:::• -- - -..'.-,..--: --.-_-_-_ _2. _,-/,-...„.„.-...„-A-„--- ••--,..- ---_ -- _ _ -, .,. . _. ,--'F----.-='-'2,-N:7--4 ":•-77'r Building Setback from ROW--'• -•7-7----:,-:::•-----=-----' ------. - ----_: 100 feet plus 2.0 feet per -::,.: -.-.- - - -'-' -: : ' ':-- . .- ' - : - - 1 foot above 60 ft. (footnote 7) ,..':...-f: _ 7 • - . • ' - - - On-Premise Signs z-,-7-- ..7_: _".::'.,:' - -- -,._ : _ :- (footnote 5)- • • -----: ------T -- :---__ _5 Billboards -, -.,•.?:-•- ;,,,„ ..,-,:„.-.-.:--: •, ...--_7__•„_, _ .. -_ 7 _. -- -_ - -. Not Permitted - - -- - - _ . _ . . . „ . . . _ ....., .. ,__ . ... , _ • - , _ - ,.., '., ' - ....:-• - ,, .. ...., . . ....::.,, ,.;., „-,...,.,-.„ i.„7■.■.: '''.3-Lk lf'''At'it*'•...f.aq it'eli-4*-t4i,t; """ -''' '.''''-'.';,- .''," '-',,e'', i Tel . .i v ..,rd.,.* ...A.,L,,,.,,„ , --__-...,' , :- '. -r.''0.74,:i4-4'-;-.,:,v?, .';''')..", •:-.',,':,i.V.. ''.;- 4,4•I''''.''''?'74. '-•,•- ' .. •INL-'''S:,,,7- ., ,1- -,. : , , -e-le-' .,. .• ''',... ,. -‘' -f'-: t::.•..- .,.'..-'..:.!,':' ....., : , . .-,I:.'....;`', :1!■,,..4.:PAt,N,:d.4,..'", ),',i,','-':r--.,''''!:,■,■,:'•..;:' ..'L'i,4114.ii-,...;..■*„'.,,,,r4...,74-, 7 L'.0.-,1,4.'''e',1.,?rActabt, ' ?','.. ,'•■•::' .,ot,.) i.q.:-.: * •■ ' ),7-:.,1 ••': -. .:' ... „„i:--.,i, .. 4,1„..., ±*...*. 4, ' .. -:str..- ,'''.'-- -....- .., •.-'■i'..., . t.i., •..•-•,■' '-'' P. ,4.4.,--' ''•''C'}4''t*,r17''-',,AP1LV4''''''..''''''''''''.'''...' 1.'"-L24.'4-''4''''' ' .''I-.;•%ir''-'•''V'i- ''',2 I',. 4.'`,Lli; Vail',4T,Wrn'''''''...,"/V?'-'r''', 1(14','•+'''... ..: , 'l'Oi.'4.6 -" ± ..;.:,,....':,.'-,:is.f.; .,.....,,`.,: ' .;".,,,,... ri,.:1,;.i,er,,-F.6,-',,t,," :r;4,:.,.3.%. ,,,t1.14, _:......,;'=;',.6174,-.. 7.7,7...„.:•,..':,. .,54_,• :,,c-,. .-' ,-„' :7.....4r.,-,-,.'.,!:-...: ,4s.f.':'44el'... ffy.Qi.,..,:;,-,..iiic', 4,. :'. ''','" .',...1'..:+-,' 4l''''''''*:0".4..i4tar'''''Ai:4147'41.' '-' 21:'Z . • .-.; "*.C4.17,..-,..,4k-:0.-iW;LOY!ir''''Ai'l'414,1'"!''?.!,t".,‘,*'.*'e.r'1.1 -4',7-, -1".:1,'..:1:;;,...-':=7't' 'Wt.' !".';,".r.....,-,,,:.'.,.r %.;,',67.,„ ,. .,., !...'.!...:4,-,. ,4 vo•i-ni,.41..,',- - - ' ' -, -',. - -,— ' -' . ''''' :--'-. . :-. developer..-—_: ,,,,..-%7 .-;,,-,----.!L;.:,y' ..., ;,.., ... 7,,;, ..,-.`4':4,.;io,■.,-, ..r..' )NO,c,,4,,,-4‘,,,,.:; :.34,-.■.14 "tr FOOTNOTE 1,,,%Site plan review would require the cieveioper.„ :1:-.•„:,,e--i. !,.,:-. , .,.., ,i.;_, „,._:, „.„. .., I 1...!;:■_ ,... ,,w w ,. , , ,,,, ..7... ". 'octe.,..,;;,-,,t...;-:,---::,•4::f.,,•., f:4. ...to submit a detailed site plan for evaluation againist ',t'ii;.i.,-,:iz.:4:.,, ,,:i-::7•,;:r,t-',1..,;:,'17,itrL,,,4;,'.^-;:'.7;.:,',7,,r-2.::: .11,1 ,,,,,,,,,d•• a • ;'414'1'As'-'ck;'''',.','J' r'''',.‘4X'i4'' '''',... these and other..t..w.....ic cruena established by the.:_:,r,tz-zt,!:?y,-,, ,,,,4,4Z':t-:4,2.,t1,','...',"4i- -'::".44.,SeLL.,40 i.1'4,4%.,..,-,,,-‘.-4,i;.:.?", e; :,..c.,,, ....4. .:. '4-0140041*;14::::"-:';',..:0.;."•:::'. .''';:;..''',r'•.:54 -''''''.4.-1,' '''''''.-ij.ilt.:?:.!.!,j2;:.''''I'f.':::.,..'';'i":,.,:,,i''..t;::',,,1-,..,...,1-•: .4N, ,f,k-,::„.„,-,g,,..,„:„.•,:v„....-,,,,...,!-,E to,.„-,. local jurisd.......n,.,..-ti. ,:.:,:, .tr,„.,. "D !-::4.,:;,,Iv.', :t.'„-;,,,..,! :-•;''' .-..2-. , `,. ..r..- 7....,.: .:, , .... , f . . ...,• FOOTNOTE 2 ,.j Xt.ty'Crk17 in.'''...t•'77.:,;,, 2......,rri:..C.'''....3-',.';',::'1,`.4..;,,Y.,1,;',.:::.1:"...."':'','. 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' --..: '"-'--''.'':...-7. -_' ''.'='---'- ''• r."-""'L'= . --.• 7-.=.',-Z-3•1:- ','+':-.tr.*:.21-7-,...-t-',:-;:t3I-"•'- '4-7:• :--i. --T- -" ' 17,f7 . f'''.--.-::-'-' :.7... :.:-..:-..---. -,7-,...- .. 2, ,;- .- - -:_:1 . _. . .., . , . . • - ,•:,. - .. ._ _ , .. __ ._.. . !:,':-'--,-11.74.'..7.,.... ..■.,,7-7.,- -; .:',. ..,,"4-7;1,7- ,tri".., 1.7.-%.V:....t.Ljn't..,;,-P:::::e.;-:7.:,=',!.-...--_T,.,', ',',":..- --_Z•:7 ..s....' ...,--.r,...-_,......,_.., .. . , .:..., -. ,..- _ :. , : ..,:.,-.T._, „..„,._,i,„,.,_,_,,,..,,,.....',,, .,..,_ , ,, .., . ,---,- :,. •-•.-._..,-...,... ..... , •,•• --.-• • L•,,-.,... „:',2L--•--.,-• . ._ .__ ...•. __.:.. .. . . . .: .......- . , -,..• .. „: r:,.... _., ,,,:,.- -:.,,,,. ..- . , . _ „, .. . - y ,y •'��F+i { :`tiLp�L� „�;: - )•?,:._ .-4. :4, ,y x,11. . ,,`'',.r 47" o,..''.; :..4,_. .)F„_, ( •!r•- : ;p,. �µaY ,T, -•{ ',.} �:�H^) �:uki1 t1-4;f'4,,^V-' cy5�� ..W t� •t. ..>; `.,5.:.`:w..'.V� iir.,W;. �{ :• 'yh ..,'' •' :�I� •. +ry ¢ '�!5'�;w,�Y'�1.:- y..),):.. ;'�hc "C.4..v. . gip.ry`1' fYte� y � gyp; .Cpj�yy �;'+{'.•R1:•''1:.. _.?,,, 3,•....;,t!, ,,S, ?1,1V TV. �f• ,1is ',F4, nT'`' 1 �� K.{.F.,,--:: ,,• X9!44. 1,,,' n:�y�, , - FOOTNOTE 3: Natural, ^or landscaped t''' buffer standards (exceptions allowed for water bodies j V. . .s °'-w ,:'f,-* ,�:';`a - located in the buffer and specifically designed as a landscape f , ,µr:> Pe Y i9 s sca feature): ,n 'fie: •••1 µ, l'''' :' .- - ,'Ir• .i, x �.:-,:z. x., .}:T>a '.: '�� .y�1.Where surface parking sa .-;.; ,�r;;::.: ace pa ng and/or a service area is in the yard space adjacent to the pr ?„� 'y, . , }-=Y'"„,.` right-of way,a continuous screen of evergreen plant material and/or berm that reaches at least 10-12 feet high within 3 years is require& w'. k it' ,x. p` Buffer Right of Way- I►w/ IIP .....:...... dd — — — — ;... •y]g,L...a+y. •raw w,r..• � _ -':,. 1 r.= — .. � - — - --_ - _ .. f''''-' -- -- -. .--.- 2.Where h - �: .,,_ e e t e building(s)only is in the yard space adjacent to the right-of-way = _,-_,_'”'=- , - intermittent screening of mixed deciduous and/or evergreen plant material =. ' �->�-,-',:_-':-1x and/or berm aat least 10-12 feet high within 3 years is required. -- -- - Right of Way. . :. ,_ ; ■ .... -- - - - - - - .`lt.-'_%. :::;—:74,: FOOTNOTE 4: Building setback des - - rt B -id-. Setback �--:��.RightofWa =.4,,,_,:. • Way _ , ti • �., . }} J. yy�� ,�yi0 t ..Ily��� _ ,%�,�v'JY�c- ':i. i�T.',,,..e �5���,q,•n ?lyrr ;r ,+y �`,,�'�y` '"� ,Ir ol��.• 7�F'« :: 7 � r'�N ;I�* 'a;l.:,+r; .. . :�?• : i`: ..q: ,„•••:'�, ,�.yM yy: �,i• .; �r::r,iP.,Yr~r�:,: 'y:'r,t•* i� ' ,,k4. {e'.,•,., fir- ') ,jd,: .bw �Y :�rir ;a' . :.t{,t. ar.,, t '�,', ��"r^� .« _ .. Wit,V`,S. .4. �Y,"T':�,.�r,�:r d'ds!.�. 1.���7 r�`c��:: Y�.�L,:.`1k�y .t.,•�;.,R,N:''".',0, Y 33 1■:-=,-- FOOTNOTE 5:On-Premise Sign Standards = ' , '-' 1.No signs in natural or landscaped buffer - - _ " .fir. '• 2.No pole-mounted signs above 15 feet in application area(1250-1500 feet from Interstate ROW) o building facade signs ° ',,'. FOOTNOTE :The Special : t y,v 6 e Spec a Use Permit process would include submission of detailed site plans,but would ,. r the local government to include more complex performance or design ..p, additional asoa allow �tana flexibility•standards. ', . ; t } . �.,......� • .:..[n ,r ..----..•_, _(.: R, • l.r _�.is _:.r... r'D. - • - • 7.-._7.411,-- _..... ::c.,_:. - - _ —' — _ - r ,µ: - - .,ram; ;u fxy.•R� _ _ - ' _ q}� 4'+'t'+11i- P.'S:F xi.+Er:fx4•h.Mi:'.in,y..'re.T-: w.+.;.esl:r.:.w v{ti-.-.... -• ..:..1,.m• -. :-..--.;1 - '... ..i' -. .tip `'.::. �,......�•.-gip..-,..a;.�. ,.-..�...-n._.^.,.. ...__ . . w.. ,s• - r• _— --a...... .r—:�. .yam_. v.. . • Y• . — • .Y Spy .,S 64' - ,WYE, 'iy ,.'f 4r`;:' .R�.•3w. I• 44 *i.. Y.S, ' °ti - r ira ti't. .y rte, 0 ,.mri ;r i , yf 'ac, FOOTNOTE 7: Buildings taller than 60'above benchmark level shall be setback an additional two(2)feet for every foot above 60',as follows: . x.•,; ,4:: : r:" Building Setback ��'•, '��',�:' 100' n-,;• Right of Way •n fi0'Building Heigh Above Benchmark ` :�'. :.:.... : Right Way .. - • - '. � - - .. Building Height _ .,l y. Benchmark .�. : ::_. . , _ _ _.." ..-_.-: -'.-':. � . . . __ :-- - -• Buildi Setback -`. _' _.=_ - .:. . ng _ - . Right of Way 4 ■�, - - _ - — - -_ - - - -_ , Building Height. -- Above Benchmark f OVERLAY DEVELOPMENT REGULATIONS IN THE REGION J 1-40 CORRIDOR JULY,1987 Trianolo J Durham City Durham Co. Johnston Co. Chapel Hill Orange Co. Cary Raleioh Raleioh Wake County Morrisville TYPE OF ORDINANCE Zoning Zoning Zoning General Zoning Zoning Zoning Zoning Zoning Zoning Overlay Thoroughfare Overlay Overlay Overlay Ordinance(a) Ordinance Overlay Overlay Overlay I Overlay 11 and new zone Buffer Mir" WIDTH OF AREA 1250.1500 feet 1250 Feet 1250 Feet t000.1500 Feet NA 1250 Feet 100 Feel(b) 1000.1500 Feet NA 1250 Feet NA (from right-of way) WIDTH AT INTERCHANGES 1250.1500 Feet 2500 Feel 2500 Feet 1000-1500 Feel NA 2500 Feel 100 Feet(b) 1000.1500 Feel NA 1250 Feet NA BUFFER AREA 1D0 1.Wdlh 50 Feet 100 Feel _Wpeet 50 Feet 100 Feet 100 Feet 100 Feel 50 Feet 25 Feet 50 Feet 100 Feet(c) 2.Construction Allowed? No No(d) No(d) No No No No No No No No 3.Site Clearance Allowed? No No No Yes No No No No No No No 4.Landscaping or Natural Plant Material Required? Yes Ls] Yes Yes NA Yes Yes(e) ? Yes Yes Yes Yes Yes BUILDING SETBACK 100 Fast or FROM RIGHT-OF-WAY More Bawd an U.LZ- 1.112 NA U.LZ. 100 Feel U.L.Z. 50-90 Feat 50-90 Feat 100 Feet (g) Height(1} SITE PLAN REVIEW? Yes(h) Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes SPECIAL USE PERMIT?Yw(1; No Yes NA No No No No No No No ON-PREMISE SIGNS 0) (k) (k) sign ord. U.L.Z. U.L.Z. 1.112 U.L.Z. U.L.Z. U.L.Z. U.L.Z. l BILLBOARDS No No Na No No No No No No No No 1 MAXIMUM BUILDING 0� HEIGHT 15o F/W(1) U.L.Z. U.L.Z. NA 1.112. U.L.Z. U.L.Z. 5 Stories U.L.Z. 5 Slodes NA NA:Not Applicable tl r 7 rf,j r.._„_.,Inn dn=.rl,- FOOTNOTES REGION J 1-40 CORRIDOR DEVELOPMENT REGULATIONS 0 a Johnston County does not excerise zoning authority.The ordinance Is based on the general ordinance making power of county governments in the N.G.General Statues(G.S.153-121) b. 100 feet along controlled access highways(1-40.US 1164)to the point where controlled access ends. C. Can be reduced to 30 feet during site plan review. d. Jogging and walking trails are allowed not exceeding 5 feet In width,and not constructed with Impervious surfaces. e. Supplemental landscape material not allowed L Setback Is 100 feet for buildings that are equal lo or less than 60 feet above the benchmark(le.elevation al roadway); For buildings higher than 60 feet above benchmark,an additional setback Is required-2 feet of setback(beyond 100 feet)for every 1 toot above 60 feet g. Depends on adjacent zoning h. Required for buildings that are 60 feet or less above benchmark I. Required for buildings that are more then 60 toot above benchmark �. On-premise sign standards: -no signs In natural or landscaped buffer -no pole mounted signs higher than 15 feet in the application area(1250-1500 feet from Interstate ROW) -no building facade signs above the roof line k. On-premise sign standards:same as 0)except no signs higher than 12 feet In application area I. 150 feet Is maximum actual building height In any situation SPECIAL NOTE Garner and Hillsborough currently do not have overlay zoning In the 1-40 corridor In their planning jurisdictions. Gamer has a draft ordinance under review by the Board of Alderman. fPrepared b} 095 - Planning and Regulation of Development ORGANIZATION AND JURISDICTION Chapter 160A. Cities and Towns. ARTICLE 19. Planning and Regulation of Development. - Part 1. General Provisions. _.,:. § 160A-360. Territorial jurisdiction.—(a)All of the powers granted by this Article may be exercised by any city within its corporate limits. In addition, any city may exercise these powers within a defined area extending not more than one mile beyond its limits. With the approval of the board or boards of county commissioners with jurisdiction over the area,a city of 10,000 or more population but less than 25,000 may exercise these powers over an area extending not more than two miles beyond its limits and a city of 25,000 or more population may exercise these powers over an area extending not more than three miles beyond its limits. The boundaries of the city's extraterritorial jurisdiction shall be the same for all powers conferred in this Article. No city may exercise extraterritorially any power conferred by this Article that it is not exercising within its corporate limits. In determining the population of a city for the purposes of this Article, the city council and the board of county commissioners may use the most recent annual estimate of population as certified by the Secretary of the North Carolina Department of Administration. (b► Any council wishing to exercise extraterritorial jurisdiction under this Article shall adopt, and may amend from time to time, an ordinance specifying the areas to be included based upon existing or projected urban development and areas of critical concern to the city, as evidenced by officially adopted plans for its development. Boundaries shall he defined, to the extent feasible, in terms of geographical features identifiable on the ground. A council may. in its discretion, exclude from its extraterritorial jurisdiction areas lying in another county, areas separated from the city by barriers to urban growth, or areas whose projected development will have minimal impact on the city. The boundaries specified in the ordinance shall at all times be drawn on a map, set forth in a written description, or shown by a combination of these techniques. This delineation shall be maintained in the manner provided in G.S. 160A-22 for the delineation of the corporate limits, and shall be recorded in the office of the register of deeds of each county in which any portion of the area lies. ic) Where the extraterritorial jurisdiction of two or more cities overlaps, the jurisdictional boundary between them shall he a line connecting the midway points of the overlapping area unless the city councils agree to another 1977 • 096 I-10 boundary line within the overlapping area based upon existing or projected 't patterns of deg elnpment. id) If a city fails to adopt an ordinance specifying the boundaries of its extraterritorial jurisdiction. the,count y of which it is a part shall he authorized to exercise the powers granted by this Article in any area beyond the city's corporate limits. The county may also, on request of the city council, exercise any or all these powers in any or all areas lying within the city's corporate limits or within the city's specified area of extraterritorial jurisdiction. (e) No city may hereafter extend its extraterritorial powers under this Article into any area for which the county at that time has adopted and is enforcing a zoning ordinance and subdivision regulations and within which it is enforcing the State Building Code. However, the city may do so where the county is not exercising all three of these powers, or when the city and the county have agreed upon the area within which each will exercise the powers conferred by this Article. (f) When a city annexes, or a new city is incorporated in, or a city extends its jurisdiction to include, an area that is currently being regulated by the county, the county regulations and powers of enforcement shall remain in effect until. (i) the city has adopted such regulations, or (ii) a period of 60 days has elapsed following the annexation, extension or incorporation, whichever is sooner. During this period the city may hold hearings and take any other measures that may be required in order to adopt its regulations for the area. (f1) When a city relinquishes jurisdiction over an area that it is regulating under this Article to a county, the city regulations and powers of enforcement shall remain in effect until (i) the county has adopted this regulation or (ii) a period of 60 days has elapsed following the action by which the city relinguished jurisdiction, whichever is sooner. During this period the county may hold 0 earings and take other measures that may be required in order to adopt its regulations for the area. (g) When a local government is granted powers by this section subject to the request, approval, or agreement of another local government, the request, approval, or agreement shall be evidenced by a formally adopted resolution of j that government's legislative body. Any such request, approval, or agreement can be rescinded upon two years' written notice to the other legislative bodies concerned by repealing the resolution. The resolution may be modified at any time by mutual agreement of the legislative bodies concerned. (h) Nothing in this section shall repeal, modify, or amend any local.act which defines the boundaries of a city's extraterritorial jurisdiction by metes and bounds or courses and distances. (i) Whenever a city or county, pursuant to this section, acquires jurisdiction over a territory that theretofore has been subject to the jurisdiction of another local government, any person who has acquired vested rights under a permit, certificate, or other evidence of compliance issued by the local government surrendering jurisdiction may exercise those rights as if no change of jurisdiction had occurred. The city or county acquiring jurisdiction may take any action regarding such a permit, certificate, or other evidence of compliance that could have been taken by the local government surrendering jurisdiction pursuant to its ordinances and regulations. Except as provided in this subsection, any building, structure, or other land use in a territory over which a city or county has acquired jurisdiction is subject to the ordinances and regulations of the city or county. (j) Repealed by Session Laws 1973, c. 669, s. 1. (1959, c. 1204; 1961, c. 103; c. 548, ss. 1, 13/4; c. 1217; 1968, cc. 519, 889, 1076, 1105; 1965, c. 121; c. 348, s. 2; c. 450,s. 1;c. 864,ss. 3-6; 1967, cc. 15, 22, 149;c. 197, s. 2; cc. 246, 685;c. 1208,s. 3; 1969,cc. 11, 53; c. 1010. s. 5; c. 1099; 1971,c. 698,s. 1;c. 1076,s. 3; 1973,c. 426,s. 56:c.525:c. 669,s. 1.1 § 160A-361. Planning agency. -- Any city may by ordinance create or designate one or more agencies to perform the following du ties: (1) Make studies of the area within its jurisdiction and surrounding areas; (2) Determine objectives to 1'.e sought in the development of the study area; v 1977 097 d. Town of Hillsborough - Request to Relinquish Subdivision Administration Presentation by Collins . On June 2, 1980, the Town of Hillsborough formally requested that Orange County enforce the County Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction . The Board of Commissioners approved the request. Since June of 1980, subdivision activity within the Town ' s corporate limits and extraterritorial zoning jurisdiction has been limited (3-5 applications per year ) . Likewise, revenues collected from application fees have been minimal , ranging from $630 to $1050 annually . The Town Board now feels the Town is ready to adopt and enforce its own Subdivision Regulations, a draft of which will be reviewed by the Town Board at its October 19, 1987 meeting . A public hearing regarding the regulations has been scheduled for October 27 , 1987 . The Town, by way of a letter from Mayor Frank Sheffield, has officially requested that Orange County release to the Town of Hillsborough the administration and enforcement responsibilities for the Subdivision Regulations. The request follows a June 9, 1987 proposal by the Town that Orange County release control of enforcement of the Subdivision Regulations . The Board of Commissioners agreed to the release on June 16, 1987 under the following conditions : ( 1 ) The Town provides Orange County with the opportunity to review and comment on the proposed regulations prior to adoption ; and (2 ) The Town adopts and incorporates into its zoning ordinance and subdivision regulations design standards applicable within the Major Transportation Corridors of 1 -85 and 1 -40 and which meet, as a minimum, the Recommended Minimum Design Standards for the Interstate 40 Corridor and Other Controlled Access Highways as approved by the Triangle J Board of Delegates on May 27, 1987 . The Town has not yet provided Orange County with an opportunity to review the proposed regulations. The release of jurisdiction would not alter other services currently performed by Orange County at the request of the Town ; i . e. , administration and enforcement of the N . C. State Building Code and the Orange County Sedimentation and Erosion Control Ordinance. The Planning Staff recommends that Orange County not relinquish administration and enforcement of its Sub- division Regulations within the Town limits and A 4 n m _L\ if tir 098 extraterritorial jurisdiction until such time as the above conditions have been met. MOTION : Kramer moved approval of the Planning Staff recommendation and conditions . Seconded by Margison . VOTE : Unanimous . . Q-99 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date October 20, 1987 Action Agenda Item # (11 6 SUBJECT: HOUSE NUMBERING - HIDEAWAY ESTATES SUBDIVISION DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Vicinity Maps TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the method for assigning house numbers in Hideaway Estates Subdivision. BACKGROUND: On September 8 , 1987, the Board of Commissioners approved the proposed assignment of house numbers on Rural Route 2 , including Hideaway Estates Subdivision. Since that time, several members of the community have voiced concern about the method used for the assignment of numbers. In an effort to clarify the application of the house numbering system to Hideaway Estates, information is provided regarding the procedure. The four-digit numbers assigned to Hideaway Estates were determined by scaling 50-foot increments on County tax maps southward along Old N.C. Highway 86 from its intersection with U.S. Highway 70 to a point of horizontal alignment with Hideaway Estates northern tip. The beginning point; i.e. , U.S. 70/Old N.C. 86, was used, since the two routes represent components of the north-south and east-west axes of the numbering system. From the northern tip of Hideaway Estates, addresses were assigned to residences at 50-foot intervals, beginning with Mr. Gambill at 5214 Hideaway Drive and, with increasing numbers, to Ms. Horne at 5912 , the southernmost property on Hideaway Drive. The assignment of numbers on 50-foot increments permits additional numbers to be present for assignment in the event that new residences are constructed in the future. The number which aligns most closely with an existing residence is assigned to that home. The system used to assign house numbers permits comparable numbers to be assigned to roads which run parallel to the . 100 major north-south and east-west axes. In effect, numbers are thus assigned on the basis of a grid system approach, facilitating access by emergency vehicles and expediting the delivery of mail. RECOMMENDATION: The Administration recommends that the Board maintain a consistent methodology in the application of house numbers in Orange County. The methodology used in the assignment of house numbers in Hideaway Estates and many other subdivisions on rural routes 2 , 5, and 8 is consistent with the policy approved by the Board on April 21, 1987. 44. w _.J i I - 9URICE ; W II 1. f,,,,'' �'' r111 . R $T. DN. / T ` _ �, r'.' i5.',..,;... J,;•Y /'` F-.. Y 1111 • Eno/ ...:;=-: 44 i e .\ „. ' 111 ti �f r W 1 ihaI ''''41:12, I"1;,lk,'':!.0 47 ,V- ilil: -L1.;`41!...41: �.• ,',S ,w::.�.::tom _ : y A %- Ts ... i:•s 71111110..%, �, 1(T.YEt �_ 1en4 iii` /i Numb 1181 _ i3 $ - g 11 g "� BEN JOHNS � � '. "`s`:.. g - 'PARE ul. g K1 1 i RD. ,:..: 'v: : ,. ,,:z -,_ -, I OEwEY k0. / Ek0'mac_RD_ - U.5.70 1148 1 ... , -•.`/PEER \ 4.i„,::. c.:( le. . .... .,::::, e L-..—s ,.:.3.0; (1,.0„,,,s,„„ i --1111PA\ 1133 OA . . D ; ��e'e ..,; 1842 I 1 A •I 1 i 1 Ceo 6 1 4 3,,err=3't':;,; - r; .. 1 x �. ' r ' , Y• ' 1 1 p p \ V-.2111 ,t} ;,i7�, ! f' j 1710 + ••,-1■,,,„,/' 1;. ,'.,f yd„ •,. . ,....„ ' �1 i 1130 �� 4k Q `� l f t7. EE FARM RD. (1 \ _- _F .., ti RIGS 1199 1 ' _ / . /��h RD. I A \J ,/� BRD,NUS l ` `�� X29 ; 111 c' (am' � . _ . . f G = _, �4:14.:45,r ,..-- ) 4' --- 3 iiiii ' ENO A .:s_.......• ) >_i jo,.. . . .,.,,e,. .._ ,,,,,, � •: T + milk ru _ ., 9 0 RD.1 1 1 „ �_..._ z 14 77..gOA nt,4 r it,-------) �� %.,-Ai 1 RD. ; 1113 i�Q� �' R: .t. __ ...... a4 ., MINNIS / 1 - ) ,./”. Nin21114111i Mlki # ' 4- 1115 Rp P . .� Blackwood •1 J r�, kr ` ___ i Ste ion /7"----.a. •;y ' 1_ ; ALEXANDER Cr' ° y :ga x i,..!:-'3 .1-3 w - ♦1. - r ,.:cam• - -... ..; ~. _ a•A YAW ie-.,,....- — µ ... �7•.' i7^P: •.r_', i. .. _ _..,_ dye:_ S' a - s ! ' j4 ir iii•A _, _ NO • elf .i.Z.Z::::,,.. /la fe. - - _ 1 ..- i irel nil ._ ._ - ::.- 1.VI:0 _ : � Sri • = L3* : ii' — _== = _ _- _ _ k .. moo _- ; .- - -r.t--,- litil 1111.11010 .•-.- fir0 47(Ji:„,...x.....• 1-.r„-.,4,_.-.-_.,-:,.L_,..;::.,.,'.-,„;7•:1n1.....-.,.1-,77.-.,:7,„,..,.„_,:',7.,,7..-*.:,--.`7`- ,:,s_,T,=-.i4,:-4{-,4-4.-7.'-'f-■-!=:-:'--- -: ..-.-;,:_-- 0._ a.--±7,,--. 1 7..-=,_ -,--- _ I :,,_.._....,,a X 1:17:::-.__L.:. - .:7` = .:-.;e _ __ws_�,. -.^�^'�. �•eJ _ e° ` =i _ lip! - 7,- ;741.-7-r.'--.-. .,7:!.'.? �-.-T-r .*":7.::._7-'-''Z-• I-cam'+..- 'rr'•� :'1 �- -_ - _.-,- , in _ �r.N«M1-�j.r-err - - - Arla am :5. .- - 441bp _ y _ - �.",�'�ld-2ai/ ter._. .-._ _ �. r._...-_ _.____ _. .- .� ORANGE COUNTY a:03 BOARD OF COMMISSIONERS Action A nda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: OCTOBER 20, 1987 SUBJECT: ANIMAL CONTROL ORDINANCE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S ANIMAL CONTROL ORDINANCE OFFTCE,X501 (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt proposed animal control ordinance. BACKGROUND: On February 24, 1987, the Board created the Animal Control Task Force with the following charge: 1. Review the current animal control program in Orange County. a. the animal control ordinance and its enforcement b. programs designed to control the animal population (e.g. , spay/neuter, public education) c. incentives for animal control d. financial support for animal control e. organizational roles and responsibilities for animal control On May 26, 1987 public comments were received regarding the ordinance. At the June 16 Regular Meeting, the Board discussed the Ordinance and approved revisions. The County Attorney has revised the document with changes highlighted. RECOMMENDATION(S) : Approve Animal Control Ordinance effective January 1, 1988 . ORANGE COUNTY Action Agenda ( BOARD OF COMMISSIONERS Item No. -.- ACTION AGENDA ITEM ABSTRACT MEETING DATE OCTOBER 20; .1987 ' 04 Subject: CONTINUATION OF INTERGOVERNMENTAL WORK GROUP Department: BOARD OF COMMISSIONERS Public Hearing: Yes % no Attachments: Information Contact: Shirley E. Marshall None Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To discuss the continuation of the Intergovernmental Work Group • BACKGROUND: The working members of the Intergovernmental Work Group agree that: ( 1 ) there are many issues of concern to the three jurisdictions that can benefit from a mechanism by which representatives of the jurisdictions discuss and propose resolutions to them; (2) that a mechanism should exist among the jurisdictions to address issues that are not now identified, but which may arise and create dissension in the future; (3) that no further issues should be addressed until after the municipal elections, and (4) that the future of the group be discussed by the several jurisdictional boards as soon as possible. The members of the group do not agree that the present mechanism providing for a fixed representation, bi-weekly meetings, and internal agenda setting is the best mechanism. While a formal vote has not been taken, it appears that four members would like to continue on with no change and four members would prefer that: (1 ) all jurisdictions agree to talk on issues of mutual concern; (2) that each issue or, group of issues, be identified by the jurisdictional boards and that the members be appointed to discuss and propose resolutions to them who are most qualified and/or most interested in that issue, or, particular set of issues; (3) that an appropriate calendar of meetings be set for each issue, or group of issues, and, (4) that no meetings be held except to discuss such identified issues. RECOMMENDATION: Discuss and adopt a method of procedure. 105 ORANGE COUNTY Action Age BOARD OF COMMIISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT MEETING DATE October 20, 1987 o Subject: APPOINTMENTS ` Department: BOARD OF COl+11NIISSIONERS I Public Hearing: Yes % no I Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-1501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced together with the indication of the status of ' securing candidates for possible appointment consideration. A-12 - PRIVATE INDUSTRY COUNCIL - 1 vacancy for a Rehabilitation Representative. B-4 - COUNTY ADVISORY BOARD ON AGING - 3 vacancies. No additional resumes have been received. B-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 3 vacancies. No additional resumes have been received. B-6 - HEALTH AND MEDICAL CARE ADVISORY BOARD - 1 vacancy. No additional resumes have been received. B-7 - HUMAN SERVICES ADVISORY COMMISSION - 2 vacancies. B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy. No recommendation has been received. C-8 - ORANGE COUNTY PLANNING BOARD - 1 vacancy. Resumes are submitted for consideration. RECOMMENDATION: As the Board decides. COLEMAN, BERNHOLZ, DICKERSON, I3ERNHOLZ, GLEDHILL & HARORAVE ATTORNEYS AT LAW 110 C HUHTON STREET limisIioRouoli. N.C. 27278 919 732 2196 September 28 , 1987 919-942.8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 Mr. Eddie Kirk , Planner 919-929-7151 Orange County Planning Department ALONZO B.COLEMAN, JR. 306F Revere Road STEVEN A,BERNHOLZ DONALD R.DICKERSON Hillsborough, North Carolina 27278 ROGER B.BERNHOLZ GEOFFREY E.GLEDI-IILL DOUGLAS HARGRAVE Re : Moriah Hill Road and Timberly Drive - MARTIN J.BERNHOL'Z RICHARD J. SNIDER,JR. Participatory Paving Project 0.NICHOLAS HERMAN KAREN J- SHANGRAW o►CoUneei Dear Eddie: BONNER D.SAWYER (1902-1972) Enclosed is a copy of the proceedings of the Board of Commissioners for the conduct of the public hearing on the Assessment Roll and the confirmation of the Roll which all should occur on October 20 , 1987 . I also have enclosed a copy of the certificate of mailing for the Preliminary Assessment Roll delivered to Beverly. Also, i by copy of this letter to Mr. Kittrell , I am requesting the following two agenda items for the Board' s October 20 , 1987 , meeting . 1 . Public hearing on the Assessment Roll prepared by the County Manager for the Moriah Hill Road and Timberly Drive Participatory Paving Project ( S.R. # 1881 and #1794 ) . 2 . Will the Board confirm the Assess ment Roll for the Moriah Hill Road and Timberly Drive Participatory Paving Project ( S.R. #1881 and #1794 ) and direct that it be delivered to the Orange County Tax Collector for collection? Note that the Preliminary Assessment Roll should be filed with the Clerk to the Board of Commissioners not later than October 9 , 1987 . Ver.. truly yours, f. '4, . E . Gledhill IP ,r: GEG/lsg Enclosures xc : Beverly Blythe/ Albert Kittrell mmommirmow CERTIFICATE OF MAILING I , Beverly Blythe , Clerk to the Board of Commissioners of Orange County, North Carolina , DO HEREBY CERTIFY that on or about October 9 , 1987 , I mailed, by first-class mail , postage prepaid, a Notice to each property owner of the public hearing to be held on the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road(s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina . The Notice mailed set the date and time of the public hearing and also the amount of assessment on the property owned by the person to whom the Notice was sent according to the county tax records . WITNESS my hand and official seal of the Board of Commissioners of Orange County, North Carolina , this the 9th day of October , 1987 . Age4 47106.41 BEVERLY BLYTHE, Clerk to the Board of Commissioners of Orange County, N.C. s iir. PRELIMINARY ASSESSMENT ROLL IN CONJUNCTION WITH THE FINANCING AND ASSESSING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COST OF PAVING NORTH CAROLINA STATE ROAD (S) #1881 AND #1794, ALSO KNOWN AS MORIAH HILL ROAD AND TIMBE'RLY DRIVE, IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA The property described below, the names of the owners of said property, the assessment levied against each parcel of property, the basis for the assessment levied against said parcel and the terms of payment of the assessment all set forth below, together with tax maps of the project, constitute the Assessment Roll for the paving of North Carolina State Road (s) #1881 and #1794, also known as Moriah Hill Road and Timberly Drive, in Chapel Hill Township, Orange County, North Carolina . BASIS FOR ASSESSMENT The basis for assessment against the property described below is the number of lots served, or subject to be served, at an equal rate per lot which represents the total local share of the cost of this project. TERMS OF PAYMENT OF ASSESSMENT A. Within thirty (30) days after notice of the Confirmation of Assessment Roll is published, each owner of assessed property may pay his or her assessment in full without interest. B. Any assessment not paid in full as provided above shall be paid in five (5) equal annual installments with the first such installment, with interest, due sixty (60) days after the date 1 J . that the assessment roll is confirmed, and the remaining installments, with interest, due on the same date in each successive year until the assessment is paid in full. Map, Block Property Owners Amount of and Lot and Mailing Address Assessment 7 . 16. . 28 Myrtle Tillman $ 1 ,454.80 cute 7, Box 185 Durham, NC 27707 7 . 16 . . 28A Harry Harkins $ 1 ,454.80 P.O. Box 2201 Chapel Hill, NC 27514 7 . 16. . 28B Robert & Joanne Erznoznik $ 1 ,454.80 Route 8 , Box 104 Chapel Hill, NC 27514 7 . 16. . 28C Wendell & Simone Rosse $ 1 ,454.80 Route 7, Box 223 Durham, NC 27707 7 . 16. . 28D Walter & Elizabeth Loehr $ 1 ,454.80 2 Moriah Hill Road Durham, NC 27707 7 . 16. . 28E L.H. & Shulamit Lazarus $ 1 ,454.80 3 Moriah Hill Road Durham, NC 27707 7 . 16. . 28F Andrew & Marion Huang $ 1 ,454.80 Route 7, Box 223-B Durham, NC 27707 7 . 16 . . 28G James Allen & Mara Gabriel $ 1 ,454.80 Route 7 , Box 223-F Durham, NC 27707 7 . 16 . . 28H Wendell & Simone Rosse $ 1 ,454.80 Route 7 , Box 223 Durham, NC 27707 7 . 16. . 29 Mount Moriah Baptist Church $ 1 ,454.80 7 . 16. . 32 Mt. Moriah Baptist Church $ 1 ,454.80 c/o C.S. Couch 2 4003 Kerley Road Durham, NC 27705 7 . 16. . 33 Keith & Susan Reimer $ 1 ,454.80 Route 7, Box 215 Durham, NC 27707 7 . 16. .34 Keith & Susan Reimer $ 1 ,454.80 Rt. 7, Box 215 Durham, NC 27707 7 . 16 . . 35 Paul Proud $ 1 ,454.8o Rt. 7 , Box 217 Durham, NC 27707 7 . 16. . 36 Caroline Becker $ 1 ,454.80 Rt. 7 , Box 218 Durham, NC 27702 7 . 16. .37 John & Joan Black $ 1 ,454.80 Rt. 7 , Box 219 Durham, NC 27707 7 . 16. .38 Martin & Ann Black $ 1 ,454.80 Rt. 7, Box 220 Durham, NC 27707 7 . 16. .40 John & Suzanne Goree $ 1 ,454.8o Rt. 7 , Box 223-A Durham, NC 27707 7 . 16. .41 John & Pauline Rigdon $ 1 ,454.80 Rt. 7, Box 224 Durham, NC 27707 7 . 16. .43 Jack & Catherine Robbins $ 1 ,454.80 Rt. 7, Box 225 Durham, NC 27707 7 . 16 . .44 Jack Robbins $ 1 ,454.80 Rt. 7, Box 225 Durham, NC 27707 7 . 16. .45 William & Annette Jurgelsky $ 1 ,454.80 Rt. 7 , Box 221 Durham, NC 27707 7 . 16 . . 46 Joel & Martha Haswell $ 1 ,454.80 Rt. 7, Box 222A Timberly Drive Durham, NC 27707 3 7 . 16. .63 Michael & Joan Lamorte $ 1 ,454.80 222 Timberly Drive, Route 7 Durham, NC 27707 4 F 11..E copy A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN ORANGE COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986) , codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Orange County by action of the Board of Commissioners acting pursuant to the author- izing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a trans- action for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption of these taxes by county board of commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Orange County because they would be inconsis- tent with the scope of the levies authorized by Articles 39 , 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 20, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of Orange County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County as follows: Section 1. The expansion of the Local Government Sales and Use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, as amended. Section 2 . Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of March 1, 1988 . Section 3 . The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Orange County and the municipalities therein as prescribed by G.S. 105-472 , 486, 493 and 501. The amount distributed to Orange County shall be divided among the county and the municipali- ties herein in accordance with the method previously selected by the Board of Commissioners of Orange County in accordance with the provisions of G.S. 105-472 . Section 4 . This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this 4-O,4 day of 6144,4/' , 1987. Shirley E rshall, Chair Board of County Commissioners FILE COPY NORTH CAROLINA CONTRACT AND AGREEMENT ORANGE COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the 1 st. day of July , 1987, by and between the COUNTY of ORANGE , party of the first part, also referred to as County and the ENO VOLUNTEER FIRE DEPARTMENT, party of the second part, also referred to as Fire Department; W I T N E S S E T H: THAT WHEREAS, N.C.G.S. 69-25.5 provides that counties may provide for fire protection in a fire district by contracting with any incorporated nonprofit volunteer or community fire department; and WHEREAS, the new N.C.G.S. 159-13, which became effective July 1 , 1973 , provides that the budget ordinance "may be in any form that the Board ( of Commissioners of ORANGE County) deems most efficient in enabling it to make the fiscal policy decisions embodied therein, but it shall be so organized that the accounting system will show appropriations and revenues by items within at least the following funds: . . . a fund for each special district whose taxes are collected by . . . " the county of ORANGE ; and WHEREAS, the party of the second part is a nonprofit corporation organized for fire protection purposes; and WHEREAS, it serves a special tax district created by a vote of the people; and -2- WHEREAS, the County of ORANGE levys and collects the taxes and is responsible for appropriating said funds for the use and benefit of the citizens in the fire protection district; and WHEREAS, the County desires to grant a long-term contract to enable party of the second part to make long-range plans; and WHEREAS, the County desires to standardize all its arrangements with Fire Departments in the County; NOW, THEREFORE, in consideration of the premises and the consideration of TEN DOLLARS to each the other in hand paid, the parties hereto contract and agree as follows: 1 . The party of the first part contracts and agrees that it will cause to be assessed or levied a special tax of up to . 15 _ per one hundred dollar valuation of all real and personal property in the ENO FIRE TAX DISTRCT unless otherwise limited by law and/or a vote of the people; and will collect said tax as a part of the ad valorem taxes of the County of ORANGE ; provided however, beginning with the fiscal year 1988 the amount levied annually shall be based on the _ needs projected in the budget estimate submitted by the Fire Department to the County and approved by the County Commissioners. 2. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. s -3- 3. That current taxes, as they are collected by the county, shall be paid to ENO FIRE DEPARTMENT TRUSTEES , by the day of each month or as follows: Quarterly that delinquent taxes shall be remitted quarterly. 4. The party of the second part shall provide the necessary equipment and personnel for furnishing adequate fire protection as determined by the North Carolina Department of Insurance,Fire and Rescue Service Division, for all property located within the ENO FIRE TAX DISTRICT , and it will furnish said fire protection free of charge to all persons and individuals' located in said District in an efficient and workmanlike manner. 5. That all funds paid to the party of the second part by the party of the first part shall be used exclusively to provide fire protection within said Fire Tax District , and to pay other legitimate fire protection expenses. 6. It is agreed that the party of the first part may inspect all books and accounty for the party of the second part at any time that it shall desire; it is further agreed that the Fire Department will present the County Commissioners an annual audit by a C.P.A. which audit shall be in conformity with existing audit policies of the County. 7 . The party of the second part agrees to comply with County budgeting procedures and other procedures provided for by State Law and agrees to submit budget estimates to the -4- Board of Commissioners on the standard forms used by county departments; the party of the second part also agrees to use standard line items for accounting devised or consented to by the County Accountant from time to time. 8. This contract shall expire on the 1 st day of July , 1998. 9. The party of the second part further agrees to file with the County Auditor a true copy of the Articles of Incorporation, existing Bylaws and any changes made thereto from time to time; further, the party of the second part agrees to adopt bylaws which meet all minimum legal requirements and which bylaws, in addition thereto, have reasonable provisions enabling citizens of the community to participate in the affairs of the corporation at least an annual meeting and vesting in a Board of Directors the authority to manage the affairs of the corporation without a vote of the membership to the extent permitted by N.C.G.S. 55A, the North Carolina Nonprofit Corporation Act. -5- IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed by the chairman of the Board of County Commissioners and attested by the Clerk of the County Board of Commissioners, and the party of the second part has caused this instrument to be signed in its name by its president, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ORANGE COUNTY BOARD OF COMMISSIONERS B r� Y� J (Chairman ATTEST- / F (Clerk ENO VOLUNTEER FIRE DEPARTMENT (Name of Fire Department) By: IIJJ & Likwi P c 04 (President) ATTEST: ,-7 (Secretary) (Acknowledgements) FY 87 FILE COPY AGREEMENT TO PROVIDE PROFESSIONAL ACCOUNTING SERVICES TO Orange County, North Carolina THIS AGREEMENT , entered into this ./iL day of Oc4Ier , 19$7 and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consul- tant") and the County of Orange , State of North Carolina (hereinafter called the "County") , WITNESSETH THAT: WHEREAS, the County has programs which it operates with Federal funding , and WHEREAS , the County supports these programs with support services paid from the County appropriated funds , and WHEREAS, the Federal government and the State will pay a fair share of these costs if supported by an approved cost allocation plan , and WHEREAS , the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans , and WHEREAS, the County desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives NOW THEREFORE, the parties hereto mutually agree as follows : 1. Employment of Consultant. The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner the following services : a . Development of a central services cost allocation plan which identified the various costs incurred by the County to support and administer Federal programs. This plan will contain a determination of the allowable costs of providing each supporting service such as purchasing , legal counsel , disbursement processing , etc . b . Negotiation of the completed cost allocation plan with the representatives of the state or Federal government , whichever is applicable . c . Assistance in preparing the initial claims for recovery of funds due the County . d. Prepare indirect cost proposal for Social Services and CETA. Additionally , prepare indirect cost rates for EPA and HUD if necessary . 3 . Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. All services requried hereunder shall be completed by �1�QC/� 3/111¢L_ . The cost allocation plan will be available by ak&AdLtl/ „a9/ 0 for your review and our negotiation with Federal and State representatives . 4. Compensation. The County agrees to pay the Consultant a sum not to exceed eight thousand dollars ($8 , 000) for all services required herein, which shall include reimbursement for expense incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5. Method of Payment. The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. The Consultant agrees to undertake this engagement with the following advantages to the County. First, the Consultant will not require any compensation for services until a cost allocation plan has been prepared and is acceptable as a basis for filing claims. Second, Consultant's fees are to be paid from recoveries paid by Federal programs to the County as well as recoveries from Enter- prise Funds. Recoveries due solely from the plan will be shared equally by the County and the Consultant until Consultant's fees are paid in full. Then all additional funds are paid to the County. Payment to Consultant will be made within four weeks of receipt by the County of funds realized from the plan. 6. Changes. The County may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes , which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in written amendment to this agreement. 7. Services and Materials to be Furnished kx County. The County shall locally furnish the Consultant with all available necessary information , data , and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with, the Consultant and other agencies of County government . 8. Termination of Agreement for Cause. If, through any cause, the. Consultant shall fail to fulfill in timely and proper manner his obligations under this agreement , the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and Page 2 of 3 specifying the effective date thereof, at least five (5) days before the effective date of such termination. 9. Information and Reports. The Consultant such time and in such form as the County may require , furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the County. The Consultant shall furnish the County, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of the project. Copies of working papers prepared in conjunction with the cost allocation plan may be turned over to the County for safekeeping if requested. 10. Consultant Liability If Audited. The Consultant will assume all financial and statistical information provided to the Consultant by County employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the County under the plan is the sole responsibility of the County. However , where a disallowance had an impact on the fee computation, the computation will be recalculated and any unearned portion of the fee will be returned to the client. Additionally, the Consultant will provide asistance to the County should an audit be undertaken of County indirect costs. 11 . Notices. Any notices , bills , invoices , or reports required by this agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: County of eAddeid:� _ David M. Griffith & Associates l E 1100 Logger Court , Suite D-100 /LI 1/5040/15/4 C. .27.77 - Raleigh , North Carolina 27609 IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above . ;; iCounty , JA C. : ( cou official) �� , ATTEST : . David M. iff ' , A ociates - ' By : David . Maz Vice Preside "This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Page 3 of 3 Finance Officer of Orange County" ORANGE COUNTY COMMISSIONERS 106 EAST MA&JAREr LANE FILE COPY HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT October 20, 1987 Robert Chandler, Director Division of Community Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, NC 11 276 -7687 Dear Orange County is pleased to submit a 1987 Emergency Shelter Grant Application for review and consideration by your staff. This County has always been aware of the acute problems facing our ever-growing homeless '. population and appreciate the availability of : these funds- to assist in meeting these n Beds. Should you-have questions- regarding this application, do not estate to call. Tara Z. -Fikes Housing Services Director at (919) 732-8181 Extension 425 Sincerely, Shirley: E M rsha11 Chair SEM/ l I4 APPENDIX TO, JOINT PLANNING AGREEMENT AMONG ORANGE COUNTY, CHAPEL HILL AND CARRBORO WHEREAS, A Joint Planning/Watershed Work Group, including represen- tatives of the Town of Carrboro and Chapel Hill and Orange County, developed an "Outline of Agreement in Principle" containing thirteen (13) statements of principle; and WHEREAS, the governing boards of Carrboro, Chapel Hill and Orange County have, by resolution, each approved in concept the "Outline of Agreement in Principle" ; and WHEREAS, the Joint Planning Agreement to which this Appendix pertains implements those matters in the "Outline of Agreement in Principle" upon which there is agreement among Carrboro, Chapel Hill and Orange County except as provided in this Appendix; and WHEREAS, Carrboro, Chapel Hill and Orange County wish to fully implement those matters in the "Outline of Agreement in Principle" upon which there is agreement. Carrboro, Chapel Hill and Orange County hereby mutually agree as follows: 1. They have requested OWASA to commission a University Lake watershed carrying capacity study. They will request OWASA to commission a carrying capacity study for the Cane Creek watershed. The University Lake Watershed study shall be completed as soon as reasonably possible. 2 . For the period of time ending ninety (90) days following the completion of the University Lake carrying capacity study the following restrictions on Carrboro, Chapel Hill and Orange County shall apply: a. Except pursuant to the written consent of all three parties, neither municipality may annex into the University Lake Watershed (whether by involuntary or voluntary annexation or any other method authorized by law) nor shall either town seek special legislation accomplishing such annexation. b. Except pursuant to the written consent of all three parties, no party shall seek or approve or encourage extension of water and sewer lines into the University Lake Watershed. 3 . The University Lake Watershed is, for the purpose of this Appendix, defined in the Joint Planning Area Land Use Plan and located outside of the corporate limits of Carrboro as those limits exist on the date this Appendix is executed. 4. It is the intent of Carrboro, Chapel Hill and Orange County to jointly discuss watershed planning and protection procedures, standards and/or regulations which may be incorporated into ordinances and into the Joint Planning Agreement. 1 This Appendix entered into this 5th day of October, 1987 . a ('ll/4€‘14-d-1"? Chair, 0 ge County Board of Commissioners Attest: Clerk to the Board of Commissioners Mayor, Town of Chapel Hill Attest: Town Clerk Mayor, Town of Carrboro Attest:. Town Clerk 2 L' : \ w Pi. ii'u� COLEMAN. BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE _ AtTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGH,N.C. 27278 919.732.2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 - October 19 , 1987 919-929.7151 ALONZO B.COLEMAN,JR. S1'EVEN A.BERNHOLZ DONALD R.DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J.BERNHOLZ RICHARD J. SNIDER,JR. R J GiKEN SE NRw Ms. Shirley E. Marshall, Chair Of Counsel Mr. Moses Carey BONNER D.SAWYER Mr. Steve Halkiotls 0902-1972) Mr. John Hartwell Mr. Don Willhoit Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Animal Control Ordinance Dear Board Members: Enclosed with this letter is the Animal . r Control Ordinance which was approved by the Board on June 16 , 1987. I have used the April 29 , . 1987 Proposed Orange County Animal Control Ordinance as a base . The changes to that document are indciated as follows : 1. underlined language is that added by the Board on June 16 , 1987 ; 2 . lined through and bracketed language is that deleted by the Board on June 16, 1987. The draft minutes of the Board' s June 16, 1987 meeting indicate that additional work is still needed on definition number 8 following a report from • the. Health Board on standards for kennels . Very truly yours, Ir46re' E. Gledhill GEG/lsg Enclosure xc: Don Ingraham, Moore and Van Allen • 1 ORANGE COUNTY ANIMAL CONTROL ORDINANCE CONTENTS Section ~Y Authority Pace 1 II Animal Shelter 1 III Animal Control Officers 1 IV Animal License Fees 2 V Licenses , Permits, Registrations, and Fees Required by this Ordinance 3 VI Ordinance ! 4 VII Definitions ' 4 VIII Animal Control Program 11 IX Relation to Hunting Laws 14 • X Notice in Case of Injury 14 XI Mistreatment of Animals Unlawful 15 [41.Z e�-tr� �- �1se-�-r 4.4.3 XII Control of Vicious Animals; Security Dogs 18 XIII Impoundment of Animals 19 . XIV Handling of Stray Animals 20 XV Public Nuisance 21 XVI Rabies Control 22 XVII Rabies Tag and Identification Tag 22 XVIII Applicability to Veterinarians 22 XIX Kennel Standards 23 XX Permits and Standards for Animal Collection 29 XXI Penalties 35 XXII Severability 37 XXIII Effective Date 37 1 ORANGE COUNTY ANIMAL CONTROL ORDINANCE AN ORDINANCE TO PROVIDE FOR ANIMAL CONTROL AND PROTECTION IN ORANGE COUNTY, NORTH CAROLINA BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA Section I - Authority. This ordinance is adopted pursuant to the power granted Orange County in N.C. Gen. Stat. Section. • . 153A-121 , Section 153A-127 , Section 153A-153 and Section 153A- 442. Section II - Animal Shelter. Orange County shall operate and maintain a County Animal Shelter for the purpose of impound- ing or caring for animals held under the authority of state law, this ordinance or any other county or municipal ordinance . Orange County may contract for the operation of the Animal Shel- ter as it deems appropriate. ' Section III - Animal Control Officers . Orange County may appoint one or more Animal Control Officers . Any such officer or officers shall be County employees. . County Animal Control Of- ficers shall have only the following powers and duties within Orange County and within any municipality therein that has given prior approval therefor: A. The responsibility for the enforcement of all state and local laws including ordinances, resolutions and proclamations pertaining to the ownership and control of dogs and other animals . 1 B. To cooperate with the County Health Director and all law enforcement officers in the county and the towns therein and assist in the enforcement of the laws of the state with regard to animals, the vaccination of dogs and cats against rabies, the confinement and leashing of vicious animals , and any other state law applicable to animals or animal control .- C. To investigate reported or observed animal cruelty or animal abuse and make written reports of such investigations and, when requested , provide such reports to animal cruelty investigators , appropriate law enforcement officers or the trict Attorney ' s Office . D. To investigate reports of observed harassment or at- tacks by dogs or other animals against domesticated livestock and to assist in locating those persons owning or harboring the at- tacking animals . E. County Animal Control Officers shall not have. the power to arrest. Section IV - Animal License Fees. Orange County may set animal license fees as allowed by law and set the fee amounts an- nually as part of the Budget Ordinance. in order to further the goals of controlling animal population, the fees of unspayed or unneutered dogs and cats shall be higher than those of neutered animals . Within thirty days of acquisition of an animal for which a license is required, the owner or keeper shall purchase the appropriate county license . 2 Section V - Licenses , Permits , Registrations , and Fees Required By This Ordinance. A. The following licenses, permits, and registrations are required by this ordinance: 1. Licenses for dogs , cats, or other animals designated by the Board of Commissioners in the Budget Ordinance (see Section IV) . 2. Registration of patrol dogs or sentry dogs (see Section XII 3 . Rabies and identification tags for dogs and cats (see XVII Section 4 . Permits for collecting of dogs and cats for sale (see XX Section [.X -14 ) . - [�-_-����a���i-�exm�� Beet4en-X—7) 5 . [.:4 Permits for commercial kennels, non-commercial kennels XIX and pet shops (see Section IIK4 ) . B. The amount of license or permit fees shall be recom- mended by the Animal Control Director and approved by the Board of Commissioners in the Budget Ordinance. The Animal Control Director may propose for approval by the Board of Commissioners such policies or procedures as may be necessary' or appropriate to allow for payment of fees over extended periods of time , at 3 reduced rates , or a waiver of fees (fv -arc-nn- a -br-rem mrr-.0 -- ilm in r1--karerskrp-to-pmy-t+re- -fe'e-s-r) Additionally, dog and cat owners or keepers who furnish to the Animal Control Director a statement from a licensed veterinarian that - the animal , due to age , physical reasons, or chronic health problems cannot withstand spay/neuter surgery, shall be allowed to pay the license fees provided for spayed or neutered animals . Section VI - Ordinance. All other Orange County ordinances in conflict with [t-hH this ordinance except the Ordinance to Regulate Wild and Vicious Animals are hereby repealed to the ex- tent of such conflict. The Ordinance to Provide for Animal Con- trol and Protection in Orange County , adopted May 15 , 1979 , as amended October 3 , 1983 , is hereby repealed. Section VII - Definitions . As used in this ordinance , the following terms mean: 1 . Adequate Food: The provision at suitable intervals , not to exceed 24 hours, of a quantity of wholesome foodstuff suitable for the species and age , sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle , dish , or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum. 2. Adequate Shelter: That shelter which will keep a non- aquatic animal dry, out of the direct path of winds and out of the direct sun, at a temperature at a level that is healthful for 4 the animal , which animal containment area shall be free of ac- cumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris , and a suitable method of draining shall be provided to eliminate rapidly excess water or moisture . Aquatic or semi- aquatic animals shall have an adequate amount of clean water in which to move. 3 . Adequate Water :_ A constant access to a supply of clean, fresh water provided in a sanitary manner. 4. Animal: Any live , vertebrate creature specifically in- cluding but not limited to dogs, cats , farm animals , birds , fish and reptiles . 5'. Animal Control Director: That person designated by ap- propriate authority in Orange County, and where appropriate , his or her designee , charged with the responsibility and authority to implement and enforce the Animal Control program in Orange County. 6. Animal Shelter : A place provided and operated by Orange County directly or by contractual agreement , whether jointly with another governmental unit or independently, for the restraint, care , adoption, and disposition of animals . 7. At Large: Any animal shall be deemed to be at large when it is off the property of its owner or its keeper and not under the restraint of a competent person. 8 . Commercial Kennels: Any person maintaining an estab- lishment where animals of any species excluding domesticated 5 livestock, kept for the purpose of breeding , buying , selling , or boarding such animals or engaged in the training of dogs for guard or sentry purposes , and which establishment is so con- structed that the animals cannot stray. therefrom; or any person owning or keeping 15 or more animals , excluding domesticated livestock , each of which is four months of age or older. 9 . Competent Person: A person of suitable age and discre- tion to keep an animal under sufficient restraint and control in order to prevent harm to the animal and to persons , ', other animals, including but not limited to domesticated livestock, or property. 10 . Cruel and Cruel Treatment: Every act, omission , or neglect whereby unjustifiable physical pain, suffering , or death is caused or permitted; such acts or omissions shall include , but not , be limited to, beating , kicking , hanging , submerging under water, suffocating , poisoning , setting on fire , and depriving of food, water, and medical treatment, or otherwise subjecting the animal to conditions detrimental to its health or general welfare . Such terms, however, shall not be construed to include lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, lawful activities sponsored by agencies conducting biomedical research or training, lawful ac- tivities for sport. 11. Domesticated Livestock : Livestock raised for the production of meat, milk, eggs, fiber, or used for draft or 6 equestrian purposes , including but not limited to cattle , sheep, goats, swine , horses, mules, rabbits, and poultry. 12. Exposed to Rabies : An animal has been exposed to rabies within the meaning of this ordinance if it has been bitten by, or . otherwise come into contact with, any animal known or suspected to have been infected with rabies. 13 . Harbor: An Animal shall be deemed to be harbored if it is fed or sheltered by the same person or household for seventy- two (72 ) consecutive hours or more. 14 . Health Department: Orange County Health Department . 15 . Health Director: Director of the Orange County Health Department 16 . Keeper: A person having custody of an animal or who keeps or harbors an animal or who knowingly permits an animal to • remain on or about any premises occupied or controlled by such • person. 17 . Noncommercial Kennels: Any person maintaining an es- tablishment where animals of any species , excluding domesticated livestock, are kept for the purpose of showing, competition, hunting or sport, and which establishment is so constructed that the animals cannot stray therefrom, and which maintains more than five but less than 15 animals. 18 . Owner: Any person owning , keeping , having charge of, sheltering, feeding, harboring or taking care of any animal . The owner of an animal is responsible for the care , actions, and be- havior of the animal . 7 • 19. Person: Any individual , family, group of individuals , corporation, partnership, organization, or institution recognized by law as a person. 20 . Pet Shop: A person that acquires for the purposes of resale animals, excluding domesticated livestock, bred by others whether as owner , agent , or on consignment , and that sells , trades or offers to sell or trade such animals at retail or wholesale , or a person that holds or keeps animals , excluding domesticated livestock, for the purpose of cleaning or grooming. 21. Public Nuisance: Actions deemed prima facie evidence of a public nuisance include the following activities of an animal , or conditions maintained or permitted by the animal' s owner or keeper: (a) The animal is found at large off the premises of its owner or keeper and not under the restraint of a competent person. (b) The animal damages the property of anyone other than its owner or keeper, including , but not limited to, turning over garbage containers or damaging gardens, flowers, shrubbery, vegetables or trees, fences or gates, or causes injury to domes- ticated livestock or pets. (c) The animal habitually and repeatedly , barks , whines, or howls so as to interfere seriously with the reasonable use and enjoyment by neighboring residents of their property. (d) The animal repeatedly chases, snaps at, or barks at persons, domesticated livestock, pets, or vehicles when it is 8 not in an enclosure , leashed , or on the owner ' s or keeper ' s property. (e ) The owner or keeper fails to confine a female dog while in heat (estrus) in a building or secure enclosure in such a manner that ' she will not be in contact with another dog , provided, this section shall not be construed to prohibit the in- , tentional breeding of animals within an enclosed area on the premises of the owner or keeper of an animal involved in the breeding process . 22 . Restraint: An animal is under restraint if it is under sufficient physical restraint such as a leash, cage , bridle, or similar effective and humane device which restrains and controls the animal, or within a vehicle , or adequately contained by a fence on the premises or other secure enclosure . If a competent adult is physically outside on the land with the animal , on land where the owner or keeper of the animal resides , ' then the animal shall be deemed to be under restraint during the time the animal is in the company of and under the control of that competent per- son and the animal is on the premises. If any unattended animal is restrained by a chain, leash or similar restraint, it shall be designed and placed to prevent choking or strangulation. Such chain or restraint shall not be less than ten ( 10 ) feet in length and either on a swivel designed to prevent the animal from chok- ing or strangling itself , or on a chain run . 23 . Security Dog : Any dog used, kept or maintained on the premises of its owner or keeper for the purpose of protecting any 9 person or property. Any such dog shall be further classified as a patrol dog , sentry dog, or watchdog. (a) Patrol dog - A dog that is trained or conditioned to attack or otherwise ] respond aggressively, but only upon command from a handler either off or on lead. (b) Sentry dog - A dog that is trained or conditioned to attack or otherwise respond aggressively without command. (c) Watch dog - A dog that barks and threatens to bite any intruder that has not been specially trained or conditioned for that purpose . 24 . Steel Jaw Trap - Spring-powered devices or, traps which capture or hold an animal by exerting a lateral force with fix- mounted jaws on the leg , toe , paw, or any other part of the animal ' s body, 25 . Stray: Any domestic animal that is not under restraint or is not on the property of its owner and is wandering at large or is lost, or does not have an owner, or does not bear evidence of the identification of any owner. 26. Suspected of Having Rabies: An animal which has bitten a person or another animal. deathT9 27 . i--.-3 Veterinary Hospital : Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and 10 treatment of diseases and injuries of animals. 28 . F2-3-. Vicious Animal: Any animal on or off the premises of its owner or keeper, security dog excluded, which is three months of age or older and without provocation has bitten, killed, or who are not tres- caused physical harm through bites to people (rtrr--a-rriine-1- --wt _. passing_ and animals that are not where their owners have been not-trespxzssfnrg;-wrri -err-ar-ef:f--t ire-premises-trf-tlrc-o.wmer-vr told they cannot be . Any dog that is owned or harbored for the lreepe ---cam --aFry- dog -th.at purpose of dog fighting or training for dog fighting is also g}og_frglrti-rrg- r-trrrrrrrrt �cr-ad -figtrti-rrg•-] defined as a vicious animal . Section VIII - Animal Control Program. The Orange County Animal Control Program, as herein described and as otherwise described in other County ordinances related to animals and as otherwise described in the laws of North Carolina, shall be ad- ministered by the Animal Control Director. Specifically: A. The Animal Control Director shall designate employees or agents enforcing this ordinance as Animal Control Officers and Rabies Control Officers. Animal Cruelty Investigators may be ap- pointed by the Board of County Commissioners as provided by law. In the performance of their duties , officers and investigators shall have all the power, authority, and immunity granted under this ordinance and by the general laws of this State to enforce the provisions of this ordinance , and the laws of North Carolina as they relate to the care , treatment, control or impounding of 11 animals . All investigations of reported or observed animal cruelty or animal abuse shall be the joint responsibility of and shall be jointly carried out by the Animal Cruelty Investigators and the Animal Control Officers of Orange County. B. Except as may be otherwise provided by law, no officer, agent , or employee of the County charged with the duty of enforc- ing the provisions of this ordinance or other applicable laws , shall be personally liable for any damage that may accrue to per- sons or property as a result of any act required or permitted in the discharge of such duty unless he or she acts with actual malice . C. It shall be unlawful for any person to interfere with, hinder, or molest any Animal Control Officer , Rabies Control Officer, Animal Cruelty Investigator , police officer Fr-o-�-etlee appei-R 4-ageR r-4Relladieg7-43e4- -44-trite-e -t-o-r-xae-r c --A�r - Resccc-imorkers79 while in the performance of any duty authorized by this ordinance or the Animal Control Program, or to seek to release any animal in the custody of said agents, except in the manner as herein provided. D. Animal Control Officers, Rabies Control Officers and Animal Cruelty Investigators are not authorized to carry on their person firearms of any kind except as provided herein . The Orange County Animal Control Program may store at the Health Department and use firearms when necessary to enforce sections of this ordinance or under applicable law for the control of wild, vicious, or diseased animals . 12 E. The Animal Control Program shall: 1. Have the responsibility along with law enforcement agencies and where applicable with animal cruelty investigators to enforce all laws of North Carolina and all ordinances of Orange County pertaining to animals and shall cooperate with all law enforcement officers within Orange County in fulfilling this duty. 2 . Enforce and carry out all laws of North Carolina and all ordinances of Orange County pertaining to rabies control . 3 . Be responsible for the investigation of all reported animal bites , for the quarantine of any dog or cat ex- posed to or suspected of having rabies, for a period of not less than ten ( 10 ) days , and for reporting to the Health Director as soon as practicable the occurrence of any such animal bite and the condition of any quarantined animal . 4 . Be responsible for the investigation of reports or observations of incidents of harassment of or injuries to domes- ticated livestock caused by animals. 5. Be responsible for the seizure and arranging for the impoundment, where deemed necessary, of any dog or other animal in Orange County involved in a violation of this or any other County ordinance or state law. 6. Investigate cruelty or abuse with regard to animals independently or with a duly appointed Animal Cruelty Investigator I;--ate---o`t. .er errr--e�� -�r T-aka-�,� �aa�-tom�ro� 13 7 . Make such investigations or inquiries as necessary for the purpose of ascertaining compliance with this ordinance or applicable state statute. 8 . Keep, or cause to be kept, accurate and detailed records of: ( i ) Seizure , impoundment , and disposition of all animals coming into the custody of the animal control program. ( ii ) Bite cases, violations and complaints, and investigation of same , including names and addresses of persons bitten , date , circumstances , and breed. ( iii) Any other matters deemed necessary by the Animal Control Director. 9 . Be empowered to issue citations or notices of violation of this ordinance in such form as the Animal Control Director may prescribe . 10 . Have employees who are trained to standards to be established by the Animal Control Director, which training shall include , but not be limited to , training in animal first aid taught by a licensed veterinarian. F. The premises for all Animal Shelters operated by or for the County shall meet the standards prescribed for commercial XIX kennels set out in Section F(A) of this ordinance . G. The standards applicable to vehicles and care in XX transportation set out in Sections t: -( A) (2 ) (a ) apply to Animal 14 . Control Officers collecting, transporting, or holding animals in this County. • Section IX - Relation to Hunting Laws. Nothing in this or- dinance is intended to be in' conflict with the laws of the State of North Carolina regulating, restricting, authorizing or other- wise affecting dogs while used in hunting, but this exception under the control applies only while the dogs are -ere- p_ _sK.___, of the owner, keeper, or competent person, and are actually lawfully being used for hunting or training for hunting in compliance with applicable statutes, regulations, or ordinances. This ordinance should be read and enforced consistent with any such law. Section X - Notice in Case of Iniurv. It shall be unlawful for any person who causes injury to an animal , including but not limited to, running over or hitting the animal with any vehicle , to fail to notify immediately at least one of the following: ( 1 ). the owner ( s ) or keeper ( s ) of the animal ( if known or ascer- tainable with reasonable efforts made to locate the owner or keeper ) , (2 ) an Animal Control Officer , (3 ) the Sheriff ' s Department, or (4) the Animal Shelter. Section XI - Mistreatment of Animals Dnlawful. The follow- ing acts or failure to act relating to the mistreatment of animals are unlawful and violations of this ordinance: A. It shall be unlawful for any person to subject or cause to be subjected any animal to cruel treatment , [=e--tre -amr -errinm71;-} or to deprive or cause to be deprived any animal of 15 adequate food, and water. With respect to domesticated animals or wild animals in captivity or under restraint , it shall addi- tionally be unlawful to deprive or cause to be deprived any such animal of adequate shelter or veterinary care. B. It shall be unlawful for any person to sell or offer for sale , barter or give away within the county baby chickens , baby ducklings or other fowl under six (6 ) weeks of age or rab- bits under eight (8 ) weeks of age as pets, toys , premiums or novelties ; provided, however, that this section shall not be con- ' strued to prohibit the sale or display of such baby chickens, ducklings or other fowl or such rabbits in proper facilities with adequate food, water, and shelter, by breeders or stores engaged in the business of selling the animals for purposes other than as pets or novelties . C. It shall be unlawful to color , dye , stain or otherwise change the natural color of baby chickens or other fowl or rabbits. D. It shall be unlawful for any person to tether any fowl. E. It shall be unlawful to restrain any animal except in a humane fashion; minimum standards of restraint are set out in Section VII (22) above. F. It shall be unlawful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper , or to seize , molest or tease any animal while the animal is held or controlled by its, owner or keeper or while the animal is on or off the property of its owner or keeper . 16 r G. It shall be unlawful to possess any paraphernalia re lated to dog, cock or other animal fighting,9 9. including, but not limited to, gaffs. H. It shall" be unlawful for any person to transport an animal in the closed trunk of a vehicle , (>r--t� .t -mot `4{ open-- -.vf--e.- k,ep-_treek-eT--t,re4.-3.e-.w t- _ p P -Fest4atT -€td 44ke*7-4t-e4.1e44-4@e-eeae44e4--te-4eaJre-aA-aA4giaa_ . ��aatz�sad44-.far_z pe.r-ieti-ter€-•f- --rrrkhi-b. - -meEe-4A- or closed compart- ment on a vehicle or trailer when the ambient temperature in the vicinity of the vehicle or trailer is greater than or equal to 70° F. I. It shall be unlawful for any person to commit any acts made unlawful under the Y of • provisions of North Carolina General Statute Section 14-362 , as the same relate to a dog or . dogs, or to commit any other act made unlawful by any other 1 of the State of North Carolina relating to animal fighting o w animal baiting. The g r repeal of such law or laws of the State of North Carolina shall have no effect upon this Section, and the acts herein made unlawful shall , in the event of such repeal , be those referred to in said law or laws immediately prior to such repeal. p.a-b4 we-Vieeelnt.T_=e••K-e_pe-r.4ee--e4_,t-Ar,Ct ter"'¢ -�► i -# Lc.c_c - t_4.1e4e•es-•thc -a-eeees--�-��at-a-�_��,�_•a��_wa��--a-t��--�.�-F Sato slte 17 J. 4,-3 It shall be unlawful for any person to abandon or forsake any animal within the county. t-s t4. r- I3--- t-r-i tot n--D -4lse—of--£ 1- -4xapa, - rrt3e-l��rse"r -se�r �aeer-r�aRae-ee- efld7-e•-ems -ttr -atee r-&etrr-p�eee�7_ f t�ri t �r-g eed- acv- � 5-p .elcee - -e- r. +-- tee- r---teep--3-cr-w-oc+r r+c - Ith-a x�e�detiv r ri- -4rr3 -3-s�s -4'Y- -op � a 3 s XII Section 14-3".-I-1.4 - Control of Vicious Animals ; Security Doas . A. It shall be unlawful for any person to keep any vicious animal within the county , unless under restraint and on the premises of the owner or keeper. Security dogs are subject to all other provisions of this. ordinance while off the premises of their owner or keeper. B. Upon an Animal Control Officer' s observation of a vi- cious animal at large ' or off the premises of its owner or keeper and not restrained by a competent person, such officer shall im- pound the animal. C. Upon an Animal Control Officer' s receipt of a complaint that an animal is behaving or has behaved viciously and is at large or off the premises of its owner and not restrained by a competent person, the officer shall investigate the complaint and, upon a finding that. there is probable cause to believe a violation of this ordinance or other applicable law or regulation has occurred, shall take any action allowed by this ordinance or State law as the circumstances may require . 18 D. All persons owning security dogs that are classed as patrol dogs 'or sentry dogs as defined by this ordinance shall register such animals with the Animal Control Director; the owner or keeper of any dog that is classed as a patrol dog or sentry dog under this ordinance shall place a sign or placard on his premises noting "Beware of Dog" or other information noting the presence of security dog (s) . E. If an animal is impounded as vicious, authorization for reclamation after any required holding period shall be granted when the Animal Shelter Manager [o.41-i�-ear-- r- n.e.e4 in con- sultation with the Animal Control Director f o-r--#t s--&r- ee€4gtiee. is reasonably assured that the animal is not vicious or the vicious animal will be properly restrained on the premises of its owner or keeper. XIII Section [R41,4 - Impoundment of Animals. A. An animal impounded under this ordinance may be reclaimed by its owner or keeper according to the procedures of the Animal Shelter. The owner or keeper of an impounded animal shall be responsible for all expenses and boarding costs as- sociated with such impoundment. Unless reclaimed, the impounded - animal may be allowed to be adopted or humanely destroyed accord- ing to standard Animal Shelter procedures after five (5 ) days of impoundment. B. In lieu of impoundment, the Animal Control Director is authorized to issue a confinement order to the animal owner or 19 keeper that would require the owner or keeper to confine a vi- cious animal or an animal otherwise violating provisions of the ordinance . Failure to thus confine the animal would constitute a further violation of the ordinance , subjecting the owner to ap- propriate criminal or civil penalties. XIV Section ( ] - Handling of Stray Animals. It shall be _ unlawful for any .person, without the consent of the owner or keeper, knowingly and intentionally to harbor, feed , keep !in pos- session by confinement or otherwise any animal that does not belong to him, unless he has , within seventy-two (72 ) hours from the time such animal came into his possession, notified an Animal Control Officer or the Animal Shelter. A. Any animal at large may in a humane manner be seized, impounded , and confined in the Animal Shelter and thereafter "-- adopted out or disposed of pursuant to procedures of the Animal Shelter and applicable State law. B. Impoundment of such an animal shall not relieve the owner or keeper thereof from any penalty which may be imposed for violation of this ordinance . C. Any animal seized and impounded that is badly wounded or diseased and has no identification, may be destroyed pursuant to procedures of the Animal Shelter. If the animal has rabies or is suspected of having rabies , the body shall be disposed of in accordance with applicable state regulations. "If the animal has 20 identification, the Animal Shelter shall attempt to notify ex- peditiously the owner or keeper before euthanizing such animal ; in any event, and except as may be otherwise provided by law, the Animal Shelter and Animal Control Program shall have no liability for euthanizing wounded or diseased animals when such action is taken upon the advice or recommendation of a veterinarian who has been advised of the animal ' s condition. - XV Section 144-174.-3 Public Nuisance . It shall be unlawful for an owner or keeper to permit an animal or animals to create a public nuisance , or to maintain a public nuisance created by an animal or animals . Compliance shall be required as follows: A. When an Animal Control Officer or law enforcement of- ficer observes a violation, the owner or keeper will be provided written notification of such violation and be given forty-eight (48 ) hours [et-stie-i-acs:cam-afttattrr -e- -time- .ieh-s+re?-1--be- -ig- -ne.ted- -t-i-te- obat rt-- ,r-d t---c -ei- tr ] to abate the nuisance . An abatement order, when issued by a judoe of the General Courts of Justice , may prescribe a lesser time to abate the nuisance . B. 'Upon receipt of a written detailed and signed complaint alleging that any person is maintaining a public nuisance as defined in this ordinance , the Animal Control Director shall cause the owner or keeper of the animal or animals in question to be notified that a complaint has been received, and shall cause the situation complained or to be investigated and a written report thereon to be prepared. 21 C. If the written findings indicate that the complaint is justified, the Animal Control Director [ •r-pe-r-smi. - --au-t-hvor4- by_ y, ]� tup.�-DcteP] shall cause the owner or keeper of the animal or animals in question to be notified in writing, and shall order abatement• of such nuisance within forty-eight (48 ) hours or such lesser amount of time which shall be desig- nated on the abatement order _= . D. If , after forty-eight (48 ) hours or such lesser time as is designated in the abatement order [et-eitst4en74 the nuisance is not abated , the animal creating the nuisance shall be impounded. XVI Section -X --3 - Rabies Control . It shall be unlawful and a violation of this ordinance for any animal owner, keeper or other person to fail to comply with the laws of North Carolina relating to the control of rabies . XVII Section 7 ] - Rabies Tao and Identification Tag. All dogs and cats shall wear a valid rabies tag . All dogs shall ad- ditionally wear an identification tag giving the owner or keeper' s name , current address and telephone number. XVIII Section {-XIX) - Aoolicability to Veterinarians. Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this ordinance except for the provisions relating to cruelty to animals and rabies control . 22 XIX Section 774 - Kennel Standards. A. Standards for Commercial Kennels. All commercial ken- nels shall , in addition to the other requirements of this ordinance , 'comply with the minimum standards of this subsection. Owners or operators of commercial kennels must apply to the Animal Control Director, pay any designated fee , and receive a permit to own or operate a commercial kennel in Orange - County. Facilities shall be subject to inspection during reasonable hours . by an Animal Control Officer (>r---tom rfrpr4-a e- r�=_FIA.at3. .. --t-kip—il-,,aT.t-r-o-1 RKc}r ] upon his or her request. Failure to meet the standards set out herein shall be grounds for the is- suance of a citation subjecting the owner to the penalties described .herein, and/or the issuance of an abatement order to comply with the provisions of this ordinance . The premises of commercial kennels shall meet the following standards: 1 . Buildings or enclosures must be provided which shall allow adequate protection against extreme weather conditions. Floors of buildings and runs , and walls shall be of an non-porous material or otherwise constructed so as to permit proper cleaning and disinfecting_ Temperatures. in animal con- tainments shall be maintained at a level that is healthful for every species of animal in the containment. 2. Cages , kennels , or runs shall have sufficient space for each animal to sit , stand up, lie down, turn around, and stretch out to its full length without touching the sides or 23 tops of the cage , kennel , or run. Cages , kennels, and runs are to be of a material and construction that permits cleaning and, disinfecting , and shall have an impervious surface . Cage , kennel , and run floors of concrete shall have a resting board or some type of bedding . Cages, kennels„ and runs shall provide protection from the weather. All animal quarters are to be kept clean, dry, and in a sanitary condition. Cages , kennels and runs shall be structurally sound and maintained in good repair to protect animals from potential injury, contain the animals , and restrict the entrance of other animals and people. 3 . Animals shall not be placed in cages, kennels , or runs less such cages, kennels, or runs are so constructed to prevent animal excreta from entering other cages , kennels , or runs . 4 . Sufficient shade shall be provided to allow all animals kept outdoors to protect themselves from the direct rays of the sun. 5 . Each animal shall be given the opportunity for vigorous daily exercise as appropriate. 6. Litter boxes shall be provided for cats and kittens. 7. Food shall not be contaminated, and shall be wholesome , palatable , and of sufficient quantity and nutritive value and offered at appropriate intervals to meet the normal daily requirements for the condition, size , and age of the 24 • animal. Food for all animals shall be served in a clean con- . taiher so mounted that the animals cannot readily tip it over or defecate or urinate in it. 8 . Supplies of food and bedding shall be stored in facilities which adequately protect such supplies against infes- tation or contamination by vermin . Refrigeration shall be provided for supplies_ of perishable food. 9. All animals shall have fresh , drinkable water available at all times . Water containers shall be of removable type and be mounted or secured so that the animals cannot readily tip it over or defecate or urinate in them. 10 . All food and water containers shall be cleaned and disinfected daily. 11 . All animals must be fed and watered , cages and kennels cleaned each day, including Sundays and holidays . 12 . ' Adequate veterinary care shall be provided as needed for each animal . 13 . Provisions shall be made for the removal and dis- posal of animal and food waste , bedding and debris, to assure the facility will be maintained in a clean and sanitary manner_ 14. Facilities such as a washroom, sink , or basin shall be provided to maintain cleanliness among animal caretakers and animal food and water containers. 15 . Facilities for animals shall be adequately venti- lated to provide for the health and comfort of the animals at all times. Such facilities shall be provided with fresh air, either 25 • • by means of windows, doors, vents , or air conditioning and shall be ventilated so as to minimize drafts , odors , and moisture condensation. 16 . Facilities for animals shall have ample light by natural or artificial means or both, of good quality and well distributed and as appropriate for each animal ' s health and well being . Such lighting shall provide uniformly distributed il- lumination of sufficient light intensity to permit routine in- spection and cleaning during the entire working period . Enclosures shall be so placed as to protect the animals from ex- cessive illumination . 17 . Every person maintaining such a facility shall post a notice clearly visible from the ground level at the main entrance to the ' facility containing the names, addresses, and telephone numbers of persons responsible for the facility where they may be contacted during any hours of the day or night. B. Standards for Non-commercial Kennels . All non- commercial kennels shall , in addition to other requirements of this ordinance , comply with the minimum standards of this subsection. Owners or operators of non-commercial kennels must apply to the Animal Control Director, pay any designated fee , and receive a permit to own or operate a non-commercial kennel in Orange County. Facilities shall be subject to inspection during reasonable hours by the Animal Control Officers --& -e -- �..Irnsappf+at --:,epT-Ers.Entri -ti-re-isnimml.-eentrei-Ptreg-rem upon his or her request . Failure to meet these standards set out herein 26 shall be grounds for the issuance of a citation subjecting the owner to the penalties described herein, and/or the issuance of an abatement order to comply with the provisions of this ordinance . The premises at non-commercial kennels shall meet the following standards: 1. All enclosures housing animals must provide adequate shelter. 2. The food shall be free from contamination , wholesome , palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal . 3 . All animals shall have fresh water available at all times . 4 . All areas housing animals shall be free of accumu- lated waste and debris and shall be maintained regularly so as to promote proper health. 5 . All areas housing animals shall be free of accumu- lated or standing water. 6 . All animals housed shall be provided with proper veterinary care to promote good health_ C. Standards for Pet Shops . All pet shops , as defined herein , including pet shops run in conjunction with another animal facility, shall , in addition to the other requirements of this ordinance , comply with the minimum standards of this section. Failure to meet these standards shall be grounds for the issuance of a citation subjecting the owner to the penalties 27 described herein , and/or the issuance of an abatement order to comply with the provisions of this ordinance . Owner or operators of pet shops must apply to the Animal Control Director, pay any designated fee , and receive a permit to own or operate a pet shop in Orange County. Facilities shall be subject to inspection during reasonable hours by the Animal Control Officer or other appropriate representative of the Animal Protection Program upon his or her request . The premises for pet shops shall meet the following standards: 1. There shall be available hot water at a minimum tem- perature of 140° Fahrenheit for washing cages and disinfecting , and cold water easily accessible to all parts of the shop. 2 . Fresh water shall be available to all species at all times. Containers are to be cleaned and disinfected each day. All water containers shall be removable for cleaning and be mounted so the animal cannot turn them over or defecate in them. 3 . The temperature of the area around the animal enclosures in the shop shall be maintained at a level that is healthful for every species of animals kept in the shop. 4. All cages and enclosures are to be of a nonporous material for easy cleaning and disinfecting. Each cage must be of sufficient size that the animal will have room to stand, turn, lie down, and stretch out to its full length without touching the sides , or tops of the enclosure , and floors of sufficient strength and design to ensure the animal ' s limbs or paws cannot pass through the floor material . 28 5. All animals under three (3 ) months of age are to be fed at least two (2 ) times per twenty-four (24 ) hours . Food for all animals shall be free from contamination , wholesome , palatable and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal . Food for all animals shall be served in a clean dish so mounted that the animal cannot readily tip it over and be of the removal type. 6 . Each bird must have a perch and sufficient room to sit on a perch. Perches shall be placed horizontal to each other in the same cage . Cages and perches must be cleaned every day and cages must be disinfected when birds are sold or as otherwise transferred. Parrots and other large birds shall have separate cages. from smaller birds . 7 . There shall be sufficient clean, dry bedding to meet the needs of each individual animal. Provision shall be made for the removal and disposal of animal and food waste , bedding and debris, to assure the enclosure is maintained in a clean and sanitary manner. 8. All animals must be fed, watered, and all cages cleaned every day, including Sundays and holidays. xx Section 1.44.x474, - Permits and Standards for Animal Collection. A. A permit for the collecting of dogs and cats for sale shall be required before any individual may engage in any action 29 in Orange County in furtherance of any action involving or relat- ing to the collection or procurement of dogs and cats for sale or disposal . A permit allowing such actions will be issued only upon payment of a fee set by the County Commissioners and demonstration by the applicant that the following requirements shall be met: 1. Permit Application: a. An application for a collection permit shall be made by each and every individual involved in the collecting of dogs and/or cats in Orange County for the purpose of sale or other disposal . Any such application for the above mentioned purpose shall have to be made to the Animal Control Director on a form prescribed by the Animal Control Director. b. An investigation may then be conducted by the Animal Control Director ( - e -4 --a t 4 '--t -- 4- .1*-i eeteei which may include inspection of the premises where the animals are to be kept and any vehicles in which animals are to be transported. c. Upon the determination by the Animal Control Direc- tor or person duly authorized by the Animal Control Director that the requirements of these regulations have been met and are capable of continuing to be met during the duration of the permit, a permit for no more than one ( 1 ) year shall be issued, upon payment of applicable fees , to the individual applicant only for the specific individual applicant, premises , and vehicles listed on the application. 30 d. Application for a permit renewal is the respon- sibility of the permit holder and shall be made no later than thirty (30 ) days prior to the expiration of the current permit. Failure to reapply prior to the 30-day limit may result in a penalty fee. e . No individual shall be issued a collection permit unless: 1. the individual is properly licensed by the U.S. Department of Agriculture and/or N.C. Department of Agriculture and such license is unsuspended and unrevoked; 2 . the individual complies with the Orange County Animal Control Ordinance and all other applicable laws and regulations ; 3 . all requirements of this section have been met . f . The following information shall be provided on or with the application for a collection permit: 1. - the name , address, and telephone number of the applicant; 2 . U .S . Department of Agriculture and/or N .C. Department of Agriculture license number under which the ap- plicant operates; 3 . a basic description of the applicant ' s background, including but not limited to all licenses he may have had for handling or keeping of animals , and all arrests or con- victions involving any matter or law in any way pertaining to animals; 31 4. a complete description, including vehicle iden- tification number and vehicle license number of each and every vehicle which will be used to collect and/or transport animals; 5. the address and location where the animals will be kept or maintained for the five days after collection. 2. Permit Requirements: a. No permit shall be issued or remain valid unless the Animal Control Director or person duly authorized by the Animal Control Director is satisfied that both the vehicles in which the animals will be collected and transported and/or the premises where the animals, will be housed meet the following requirements: 1. Premises All premises shall meet the same standards as set for commercial kennels in Section XIX of this Ordinance . 2 . vehicles a. Vehicles used to transport animals must be mechanically sound and equipped to provide fresh air to all animals without harmful drafts. b. The sections of the vehicles where the animals are placed are to be constructed and maintained so that engine exhaust fumes cannot get to the animals. c. The sections of the vehicles where the animals are to be kept should be cleaned and disinfected after each use and as needed. 32 • 3 . Enclosures In or On Vehicles a. Enclosures ( including compartments or cages,• cartons , or crates) used to transport animals are to be well constructed, well ventilated, and designed in such a way to protect the health and insure the safety of the animals. b. These enclosures must be constructed or placed on the vehicles so that: - i ) every animal in the vehicle has suffi- cient fresh air for normal breathing , ii ) the openings of these enclosures must be easily accessible for emergency removals at all times , iii ) the animals must be adequately protected from the elements , including heat and old. iv ) the animals must be adequately • protected from one another. c. Only animals of the same species shall be transported in the same enclosure . Puppies and kittens under six (6 ) months of age shall not be transported in the same enclosure with adult animals, other than their mother. d. Each enclosure used to transport animals shall be large enough for each animal to stand erect , sit, turn about freely and lie down in a normal position. e . Animals shall not be placed in enclosures over other animals while being transported unless each enclosure is so constructed to prevent animal excreta from entering the other enclosures . 33 • f. All enclosures used to transport animals shall be disinfected after each use and as needed. 4 . Care in Transit a. The attendant or driver shall be respon- sible for inspecting the animals frequently enough to assure the health and comfort of the animals and to determine if emergency care is needed and to obtain said emergency care if needed. b. If any animal is in a vehicle for more than three (3 ) hours, it shall be provided fresh, drinkable water, and food as appropriate . c. Each animal in transit shall have a tag af- fixed to its collar of a type approved by the United States Department of Agriculture . 3 . Records: a. Every person who sells, gives, exchanges, or other- wise delivers any animal to a collector must receive from the collector a written receipt, a copy of which is to be kept by the collector, signed by both the owner or keeper and the collector, stating the following: 1. the number of animals received by the collector; 2. the sex, breed, and a general description of each animal received and the U.S. Department of Agriculture num- ber assigned to each animal ; 34 r 3 . the name, address, location, and telephone num- ber of the location to which the animal will be taken for the following five (5) days; 4 . the name , address, and telephone number of the collector; I,4 5. the name , address, and telephone number of the person surrendering the animal. b. A written report containing the above information shall be delivered by the person collecting the animals to the Animal Shelter within twenty-four (24 ) hours of the surrender of the animal. c. A record shall be kept of the disposition of every animal which is collected. d. Every collector shall maintain a copy of all receipts and disposition records for one ( 1) year. B. A Quality Assurance program to ensure adherence to these standards shall be carried out within the Animal Control Division. C. The Animal Control Director shall be responsible for the full and proper application of this policy. Questions concerning the applicability or interpretation of this policy shall be the responsibility of the Animal Control Director. - XXI Section - Penalties . The following penalties shall pertain to violations of this ordinance . 35 • A. The violation of any provision of this ordinance shall be a misdemeanor and any person convicted of such violation shall be punishable as provided in North Carolina General Statute Sec- tion 14-4, or other applicable law. Each day' s violation of this ordinance is a separate offense . Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of his liability for taxes or fees imposed under this ordinance . E. Enforcement of this ordinance may include any ap- propriate equitable remedy, injunction or order of abatement is- suing from a court of competent jurisdiction pursuant to North Carolina General Statute Section 153A-123 (d) and (e ) . C. In addition to and independent of any criminal penalties and other sanctions provided in this ordinance ,, a violation of this ordinance may also subject the offender to the civil penalties hereinafter set forth. 1. [4 --crff-i•i mmr&r m-i-re -by e-] The Animal Control Director may issue to the known owner or keeper of any animal , or to any other violator of the provisions of this ordinance, a ticket or citation giving notice of the alleged violation(s) . Tickets or citations so issued may be delivered in person or mailed by certified or registered mail to the person charged if that person cannot readily be found. The ticket or citation, ex- cept, those issued for failure to license an animal , shall impose upon the violator a minimum civil penalty of Twenty-five Dollars ( $25 .00 ) , or such greater amounts for subsequent offenses as may 36 • be set by the Commissioners. Tickets or citations issued for failure to license an animal as required by the ordinance shall impose upon the violator a penalty of Ten Dollars ($10 .00 ) . This civil penalty may, in the discretion of the violator, be paid to the Animal Control Director or his or her designee within four- . teen ( 14 ) days of receipt in full satisfaction of the assessed civil penalty. This civil penalty is in addition to any other fees or costs authorized by this ordinance . 2 . In the event that the owner or keeper of an animal or other alleged violator does not appear in response to the above described ticket or citation , or the applicable civil penalty is not paid within the time period prescribed , a civil action may be commenced to recover the penalty and costs as- sociated with collection of the penalty, and/or a criminal sum- mons may be issued against the owner or keeper or other alleged violator of this ordinance , and upon conviction, the owner shall be punished as provided by State law. XXII - Severability. If any part of this ordinance shall be held invalid , such part shall be deemed severable and the invalidity thereof shall not affect the remain- ing parts. X.XI I I Section ; =.'? - Effective Date. This ordinance shall be effective , 1987 . Adopted this the day of , 1987 . Upon motion of Commissioner seconded 37 by Commissioner , the foregoing Animal Con- . trol Ordinance was adopted this the day of 1987 . 38 ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSESCAREY,JR. November 17, 1987 STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT Mr. E. C. Byrum, Assistant Director Sales and Use Tax Division N.C. Department of Revenue P.O. Box 25000 Raleigh, NC 27640 Dear Mr. Byrum: Thank you very much for calling to my attention the certification and seal that was needed on the resolution reenacting local government sales taxes within Orange County. rw- rq «. .r• -fit' I have attached an original with both the Chair :s signature and mine plus the County seal>. x` If I can be .of.:..any_ further service, please-do not hesitate to contact Thank .,you. „z= ..�;,_ _ - .r wry__ _-.,.-- - -- `�Y •_ - ;ar. �. - Beverly A. Blythe, Clerk /bab File Attachment A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN ORANGE COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986) , codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Orange County by action of the Board of Commissioners acting pursuant to the author- izing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a trans- action for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption of these taxes by county board of commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Orange County because they would be inconsis- tent with the scope of the levies authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 20, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of Orange County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County as follows: Section 1. The expansion of the Local Government Sales and Use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, as amended. Section 2. Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of March 1, 1988. Section 3. The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Orange County and the municipalities therein as prescribed by G.S. 105-472, 486, 493 and 501. The amount distributed to Orange County shall be divided among the county and the municipali- ties herein in accordance with the method previously selected by the Board of Commissioners of Orange County in accordance with the provisions of G.S. 105-472. Section 4. This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this 20th day of October , 1987. Shirle Marshall, Chair Board of County Commissioners ATTEST: 4.44e.71 ,, _ 1 A RESOLUTION REENACTING LOCAL GOVERNMENT SALES TAXES WITHIN ORANGE COUNTY WHEREAS, the North Carolina General Assembly authorized the levy of local government sales and use taxes through enactment of Chapter 77 of the 1971 Session Laws, codified as Articles 40 and 41 of Chapter 105 of the General Statutes; and Chapter 906 of the 1985 Session Laws (Regular Session, 1986) , codified as Article 42 of Chapter 105 of the General Statutes; and WHEREAS, these sales and use taxes authorized by the General Assembly have been levied in Orange County by action of the Board of Commissioners acting pursuant to the author- izing legislation; and WHEREAS, enactment by the General Assembly of Chapter 832 of the 1987 Session Laws redefined the situs of a trans- action for the purpose of collecting local government sales and use taxes, thus redefining the application of those taxes and requiring readoption of these taxes by county board of commissioners; and WHEREAS, Section 10 of Chapter 832 of the 1987 Session Laws provides that failure to adopt expansion of the Local Government Sales and Use Tax Act will result in repeal of these taxes in Orange County because they would be inconsis- tent with the scope of the levies authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes as amended; and WHEREAS, a public hearing was held on October 20, 1987 to consider the expansion of local government sales and use taxes authorized by Articles 39, 40, 41 and 42 of Chapter 105 of the General Statutes, and interested citizens presented their views to the Board of Commissioners; and WHEREAS, the Board of County Commissioners caused public notice of the public hearing to be given, as required by Section 9 of Chapter 832 of the 1987 Session Laws, at least ten days prior to the date of the hearing; and WHEREAS, the Board of Commissioners of Orange County does hereby find that adoption of the expansion of the Local Government Sales and Use Tax Act within Orange County is both desirable and necessary to adequately finance the operation of the county and the cities and towns herein; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Orange County as follows: Section 1. The expansion of the Local Government Sales and Use Tax Act, as defined in Section 4 of Chapter 832 of the 1987 Session Laws, is hereby adopted. The taxes hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in Articles r_ 7 39, 40, 41 and 42 of Chapter 105 of the General Statutes, as amended. Section 2. Collection of the expanded Local Government Sales and Use Tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of March 1, 1988. Section 3 . The net proceeds of the taxes levied herein shall be distributed by the Secretary of Revenue to Orange County and the municipalities therein as prescribed by G.S. 105-472, 486, 493 and 501. The amount distributed to Orange County shall be divided among the county and the municipali- ties herein in accordance with the method previously selected by the Board of Commissioners of Orange County in accordance with the provisions of G.S. 105-472 . Section 4. This Resolution is effective upon its adoption and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue, pursuant to the provisions of Section 9 of Chapter 832 of the 1987 Session Laws. Adopted this 20th _ day of October , 1987. Shirley . Marshall, Chair Board of County Commissioners ATTEST: '_ � The Board of Commissioners for the County of Orange , North Carolina, met in regular session in the courtroom of the old Post Office in Chapel Hill , North Carolina , the regular place of meeting , at 7 :30 o' clock p .m. on October 20 , 1987 . Present : Chair Shirley E. Marshall , and Commissioners Moses Carey, Jr. Stephen Halkiotis, John Hartwell and Don k'i1lhoit. Absent: None ****************************************************************** The Chair announced that this was the hour and day fixed by the Board of Commissioners for the public hearing on the Preliminary Assessment Roll filed with the Clerk to the Board of Commissioners of Orange County pursuant to the direction of the Orange County Board of Commissioners and pursuant to the Board ' s decision to finance the local share of the cost of paving North Carolina State Road (s) # 1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , in Chapel Hill Township, Orange County, North Carolina . The Chair also announced that the Board of Commissioners would immediately hear anyone who might wish to be heard on the Preliminary Assessment Roll . Various persons appeared and were recognized and heard on the said Preliminary Assessment Roll . Those recognized and the essence of their 1 comments were recorded by the Clerk to the Board of Commissioners in the minutes of the Board. Thereupon , upon Motion of Commissioner Carey seconded by Commissioner Hartwell and carried, the Preliminary Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , in Chapel Hill Township, Orange County, North Carolina , was confirmed October 20, 1987. The vote upon confirmation of the assessment made against each property owner was: Ayes : Commissioners Marshall , Carey, Halkiotis, Hartwell and Willhoit. Noes: Noes Upon motion of Commissioner Carey , seconded by Commissioner Hartwell , and unanimously approved , the Clerk to the Board was directed to enter into the minutes of the Board the confirmation date , hour, and minutes . Thereupon, the Clerk to the Board entered the confirmation effective 8:06 p.m. o' clock p.m. , the 20th day of October, 1987 . Upon motion of Commissioner Carey , seconded by Commissioner Hartwell , and unanimously approved, the Clerk to the Board was directed to deliver a copy of the confirmed Assessment Roll to the Orange County Tax Collector. Upon motion of Commissioner Carey , seconded by Commissioner Hartwell , and unanimously approved , 2 the Orange County Tax Collector was directed to publish once , a Notice , no earlier than twenty (20 ) days from the date of confirmation as herein set forth , that the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County , North Carolina, has been confirmed and that assessments may be paid without interest at any time before the expiration of thirty (30 ) days from the day that the Notice is published and that if not paid within that time , all installments thereof shall bear interest in an amount equal to the interest on past due ad valorem taxes in Orange County. The Chair directed that said Notice shall be published in the Durham Morning Herald . Said Notice shall be in substantially the following form: NOTICE OF CONFIRMATION OF ASSESSMENT ROLL FOR THE FINANCING BY ORANGE COUNTY OF THE LOCAL SHARE OF THE COSTS OF PAVING NORTH CAROLINA STATE ROAD( S) #1881 AND #1794 , ALSO KNOWN AS MORIAH HILL ROAD AND TIMBERLY DRIVE, LOCATED IN CHAPEL HILL TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA Notice is hereby given that pursuant to Article 9 of Chapter 153A of the General Statutes of North Carolina , the Board of Commissioners of Orange County has confirmed the Assessment Roll for the financing by Orange County of the local share of the cost of paving North Carolina State Road (s) #1881 and #1794 , also 3 known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina , Oct. 20, 1987 . The specifics of any adjustment made are in the minutes of the Orange County Board of Commissioners for its meeting on October 20 , 1987 . The confirmed Assessment Roll reflects any adjustment. Pursuant thereto: 1 . The Board of Commissioners of the County of Orange, North Carolina, met in regular session in the courtroom of the old Post Office in Chapel Hill , North Carolina , at 7 :30 o' clock p.m. on October 20 , 1987 . 2 . The Chair announced that this was the hour and day fixed by the Board of Commissioners for the public hearing on the Preliminary Assessment Roll pursuant to the Board ' s decision to finance the local share of the cost of paving North Carolina State Road (s ) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina. 3 . All persons attending and wishing to be heard were recognized by the Chair and were heard. 4 . The Board confirmed the Assessment Roll and directed its delivery to the Orange County Tax Collector. 5 . The assessments confirmed by the Board may be paid without interest at any time before the expiration of thirty (30 ) days from the date of the publication of this Notice . If not paid 4 within this time , all installments thereof shall bear interest at the rate set for past due Orange County ad valorem taxes . JOHN T. HORNER, Tax Collector for Orange County, N .C. I , Beverly Blythe , Clerk to the Board of Commissioners for the County of Orange , North Carolina , do hereby certify that the foregoing is a true copy of so much of the proceedings of the Board of Commissioners for said County at a meeting held on October 20 , 1987 , as relates in any way to the confirmation of the Assessment Roll for the financing by Orange County of the local share . of the cost of paving North Carolina State Road ( s) #1881 and #1794 , also known as Moriah Hill Road and Timberly Drive , located in Chapel Hill Township, Orange County, North Carolina . 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Tryon Street Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. FINAL SUBRECIPIENT a. Name of subrecipient (service provider) : Interfaith Council for Social Services, Inc b. Address: 207 Wilson Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran, City Services Consultant Telephone: (919) 929-6380 3. SUMMARY OF GRANT REQUEST Rehabilitation funds requested $_ 12,000 Operations/Services funds requested $ 13,000 TOTAL $ 25.000 4. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official Shiir]py E. Marshall._ Chair nrangP (Inanity Board of Commission b. Signature G ' Date 7 FOR NRCD USE ONLY DATE REC'D APPLICATION NO. ESGP #101 (Revised 10/87) EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of applicant County of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. Please include the approximate number of homeless persons in your community. There are approximately 150-160 homeless persons in our community during a calendar year in need of emergency shelter facilities_ The Town of Chapel Hill has leased Interfaith Council a building that will adequately house the Community Shelter and the Community Kitchen which is presently operated in two different locations. This facility will allow Interfaith to accomodate the growing home- less population in Orange County. 2. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? Services available to the homeless in our community are provided by the Inter- faith Council. These services include emergency housing, food services, and referrals to other human services agencies such as Vocational Rehabilitation, the County Health Department, local Mental Health organizations, Joint Orange Chatham Community Action Agency and the Orange Chatham Comprehensive Health Services. 3. What additional programs, funds, or resources (including ESGP funds) does your community require for the next 3 years to meet the needs described in Question #1 above? Because of the growing population of homeless persons in this area. Interfaith Council has acquired adequate space to provide shelter to the County's home- less population. However, approximately $550.000 is needed for extensive rehabilitation of the present location. Additionally, the human service re- ferral program needs to be expanded to include counseling, social security benefits problems. job counseling and placement. 4. Is the local government providing any of the federally required matching resources? Yes No x (See Question 17 on the Operations/Services Activities Form and Question 16 on the Rehabilitation Activities Form.) If yes, are these local government resources firmly committed? Yes No Briefly explain. ESGP #102 (Revised 10/87) EMERGENCY SHELTER GRANTS PROGRAM OPERATIONS/SERVICES ACTIVITZES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Directions for filling out this form are found on pages 8 and 9 of the guidelines. A. Name of Applicant: County of Orange (Local Government) B. Name of Shelter: Interfaith Ccomuzity Shelter C. Name of Organization: Interfaith Council, Incorporated 1. What is the overnight lodging capacity of your shelter now? 24 Persons 2. Amount Requested for Operations $ 11,000 3. For what kind of operating costs are ESGP funds to be used? Rent? Utilities? Maintenance? X Furnishings? Blankets/Cots? Maintenance Supplies? Insurance? Telephone? Appliances? X Other? (Specify) 4. Amount Requested for Services $ 2,000 5. What kind of essential services are to be performed with ESGP funds? Purchase of Food? X Life Skills Training? Housing Referrals? Employment Counseling? Job Training? Mental Health Services? Substance Abuse? Health Services? Day Care? Other? Clothing (Specify) Transportation 6. How long has your organization been providing assistance to the homeless? 10 Years 6 Months 7. Are you currently occupying the shelter to be assisted with ESGP funds? Yes X No ESGP #112-1 (10/87) Operation/Services Activities Form (Page 2 of 3) 8. Is your shelter a soup kitchen, day shelter, or other entire:;- service-oriented organization? `-EE X NO 9. Estimate the number of persons who use your shelter or servi.: , = eLcr, day. Lodging: 1R Persons Provision of Services: 17 Persons Meals Served: 3g Persons Referral for Service: 5 Persons Other (Specify Al ,l ) : 2 _ Persons Counseling 10. How many different persons use your facility per day, on average? qc Persons 11. Describe the types and circumstances of your average clients. Among those requiring emergency services at the Community Shelter are families temporarily homeless, women with children, teenagers who are pregnant or who are having disputes with their families, deinstitutionalized persons, chronic street people, alcoholics, ex-offenders and transients. 12. Estimate and briefly explain the impact of ESGP-assisted Operations and Services funds on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. Expand # Clients X Expand Services X Improve Services X Other (specify) Funding provided by the Emergency Shelter Grant Program will enable the Interfaith Council to expand their present lodging capacity from 24 persons to the ability to serve an additional 15 persons on an as needed basis. Addition- ally funding will provide the enhancement of the present social services pro- gram as well as assist with the rehabilitation work necessary for improved shelter facilities. 13. How many months of the year is your facility now open? 12 Months How many days of the week? 7 Days How many hours per day? 12 Hours 14. If ESGP funds will enable you to increase the time your shelter is open, please explain. The Interfaith Council has set a goal of gradually increasing the present hours of shelter operation to 24 hours per day. Receipt of ESGP funds will enable them to reach this goal by the target date of December 1, 1988. 15. List the sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 Volunteer Time 49,400 Federal/State Funds 28,000 In-Kind Contributions Private Contributions 8,000 Institutional ansaibutions 5,000 Other (Specify Ac.rnss America ) 3,300 TOTAL $, 110,700 ESGP #112-2 (10/87) Operations/Services Activities Form (Page 3 of _) 16. What assurances do you have that the resources cited in Question 15 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Interfaith Council has been in existence for approximately ten (10) years and has continuously provided service to the low income citizens of this community. Private contributions and donations as well as local government support has steadily increased over the past years and it is anticipated that this trend will continue. 17. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant. Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Refer to page 5 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds $ 20,000 Staff Salaries 27,000 Volunteer Time 37,960 _ Donated Material Donated Buildings Q,000 Other (Specify ) TOTAL $ 134,960 18. Will all ESGP funds your organization receives be expended within 180 days of the date ESGP funds are available to your local government? Yes_i_ No 19. Is your organization a primarily religious organization? (See 24 CFR 575.21(b)(2) .) Yes No X 20. How will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Interfaith Council who will be the subrecipient of the ESGP Grant is a private, incorporated non-profit organization, approved as a 501 (c) (3) non-profit organization by the Internal Revenue Service on December 14, 1970. ESGP #112-3 (10/87) EMERGENCY SHELTER GRANTS PROGRAM REHABILITATION ACTIVITIES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Instructions for filling out this form are found on pages 10 and 11 of the guidelines. A. Name of A pp licant: County of Orange (Local Government) B. Name of Shelter: Interfaith Community Shelter C. Name of Organization: Interfaith Council, Incorporated 1. Amount requested for Rehabilitation: $12,000 2. What kind of rehabilitation is to be performed with ESGP funds? Renovation? Major Rehabilitation? x Conversion? 3. Describe the rehabilitation activities to be performed with ESGP funds. There is a need to removal all asbestos material from the building being occupied by the Community Shelter in order to eliminate the health hazard associated with asbestos materials. This project is estimated to cost approximately $54,000. The ESGP contribution of $12,000 will assist Inter- faith with this project. 4. Estimate and briefly explain the impact of ESGP-assisted rehabilitation on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. Meet code Expand services Improve facilities � Other (specify) Elimination of Health Hazard This rehabilitation will improve the facilities available to the present and future homeless population of the County. The removal of asbestos will also eliminate a potential health hazard. 5. Do you own your facility? Lease your facility? g Other? ESGP #113-1 (10/87) Rehabilitation Activities Form (Page 2 of 3) A 6. Are you currently occupying the building to be assisted with Rehabilitation funds? Yes X No 7. How long has your organization been providing assistance to the homeless? 10 Years 6 Months 8. Is your facility a soup kitchen, day shelter, or other entirely service-oriented organization? Yes X No 9. Estimate the number of persons who use your shelter or services each day. Lodging: 18 Persons Provision of Services: 17 Persons Meals Served 39 Persons Referral for Service: 5 Persons Other (Specify Alcohol ) : 2 Persons Counseling 10. How many different persons use your facility per day, on average? 45 Persons 11. Describe the types and circumstances of your average clients. Among those requiring emergency services at the Community Shelter are families temporarily homeless, women with children, teenagers who are pregnant or who are having disputes with their families, deinstitutionalized persons, chronic street people, alcoholics, ex-offenders and transients. 12. What is the overnight lodging capacity of your shelter now? 24 Persons 13. How many months of the year is your facility now open? 12 Months _--� How many days of the week? 7 Days How many hours per day? 12 Hours 14. List the sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 Volunteer Time 49,400 Federal/State Funds 28,000 In-Kind Contributions Private Contributions $,000 7:istitutional Contributions 5,000 Other (SpecifyAgarrAV Amprir 3,300 TOTAL ESGP #113-2 (10/87) Rehabilitation Activities Form (Page 3 of 3) A 15. What assurances do you have that the resources cited in Question 14 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Interfaith Council has been in existence for approximately ten (10) years and has continuously provided service to the low income citizens of this community. Private contributions and donations as well as local government support has steadil increased over the past years and it is anticipated that �nll aon�in e. 16. �ca e e source an�dollar value of federally required matching resouces that must be available during the period of the grant. Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5.00/hour) as they directly relate to carrying out proposed activities. Refer to page 5 of the Application Guidelines for the federal requirements for matching resources. Local Government Funds $ 20,000 Staff Salaries 27,000 Volunteer Time 37,960 Donated Material Donated Building _50,000 Other (Specify ) TOTAL $ ]W.960 17. Briefly show how you will obligate Rehabilitation funds within 180 days of the date that the grant award is available to the local government. - _ - " The Interfaith Council has acquired the services of an architect who has prepared work specifications along with cost estimates for the scheduled rehabilitation work. Asbestos removal has been identified as a portion of phase one of the rehab project. 18. Briefly show how you will expend Rehabilitation funds within 360 days of the date that the grant award is available to the local government. This Rehabilitation activity is a part of Phase One of the Rehabilitation Project which is scheduled to begin during the Spring of 1988. 19. Is your organization a primarily religious organization? (See 24 CFR 575.21(b) (2).) Yes No 20. How will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Interfaith Council who will be the subrecipient of the ESGP Grant is a private, incorporated non-profit organization, approved as a 501 (c) (3) non-profit organization by the Internal Revenue Service on December 14, 1970. ESGP #113-3 (10/87) 4 ' " A • EMERGENCY SHELTER GRANTS PROGRAM LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, county of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 575.51 will be provided. A description of the sources and amounts of such supplemental funds is provided in this application. (b) It possesses legal authority to apply for the grant, and to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant approved by NRCD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 CFR 58.5, = = == which further the purposes of NEPA. - (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (3) Consents to review and comment on all Environmental Impact Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) Its ESGP program will be conducted and administered in conformity with public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15 NCAC 130 of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 10/87) (g) It will give NRCD, HUD and the Comptroller General, through any authorized representatives access to and the right to examine all records, books, papers or documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. Shirley E. (Marshall, Chair Name & Title of Chief Elected Official C/, Signature /e/4 7 Date ESGP #104-2 (Revised 10/87)