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Agenda - 09-20-1994
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING NOTE: BACKGROUND MATERIAL TUESDAY, SEPTEMBER 20, 1994 ON ALL ABSTRACTS 7 : 30 P.M. AVAILABLE IN THE OWASA OPERATION CENTER CLERK'S OFFICE. 400 JONES FERRY ROAD CARRBORO, NC COMPLIANCE WITH THE "AMERICANS WITH DISABILITIES ACT" interpreter services and/or special sound equipment are available on request. Call the County Clerk' s Office at 732-8181, extension 2130. If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager's Office at 732-8181, extension 2300. I. ADDITIONS OR CHANGES TO THE AGENDA II. AUDIENCE COMMENTS A. Matters on the Printed Agenda (7 : 30-7 : 35) (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) B. Matters not on the Printed Agenda (7 : 35-7 : 40) 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 individual 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. III. BOARD COMMENTS (7:40-7:45) IV. COUNTY MANAGER'S REPORT (7 :45-7 :50) V. RESOLUTIONS/PROCLAMATIONS (7 : 50-7: 55) A. Proclamation--Minority Enterprise Development Week VI. SPECIAL PRESENTATIONS VII. PUBLIC HEARINGS VIII. ITEMS FOR DECISION--CONSENT AGENDA (7: 55-8: 00) (Any item may be removed for separate consideration) A. Bid Award--Voting Booths for Orange County Board of Elections B. Lease Purchase Agreement--Voting Equipment C. C.A.T. Agreement Addendum D. Establish Public Hearing: Cuibreth Park Interim Assistance Grant Program E. Land Records Management Grant F. Realignment of Staff Hours in the County Commissioners ' Office G. Change in Meeting Time for the Assembly of Governments Meeting H. Appointments I. Minutes IX. ITEMS FOR DECISION--REGULAR AGENDA A. Cable TV Franchise Renewal Process and Cable TV Survey (8 : 00-8:20) B. Chapel Hill/Carrboro School District--Plans for New Elementary School (8:20-8:45) C. Presentation of Final Design of Southern Human Services Center (8:45-9 : 15) D. Sewer Easement Agreement with Hillsborough (9: 15-9:30) E. Piney Mountain Grant Funding Proposal (9: 30- 9:45) F. Professional Assistance--Justice Facility Study Group (9:45-9: 50) G. Proposed Purchase of Development Rights Program (9:50-10: 00) H. Extension of Two EPSDT (Health Check) Project Positions (10: 00-10: 10) X. REPORTS A. Youth and Family Services Coordination Function (10: 10-10: 15) B. Report from Violence Reduction and Conflict Resolution Task Force (10: 15-10: 25) C. 1994-95 Commissioners' Goals (10:25-10: 30) XI. APPOINTMENTS XII. MINUTES XIII. EXECUTIVE SESSION XIV. ADJOURNMENT (*) Indicates items that need immediate attention. Note: If you want to know what is on the agenda each time, call 732-8181, extension 2135 for a recording of the agenda items. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Proclamation - Minority Enterprise Development Week DEPARTMENT County Commissioners PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT Proclamation Moses Carey TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider proclaiming October 3-7, 1994, as Minority Enterprise Development Week in Orange County. BACKGROUND: President Clinton has declared October 9-15, 1994 as National Minority Enterprise Development Week. So as to be able to attend the twelfth annual national celebration in Washington, the Raleigh/Durham Minority Business Development Center (MBDC) will be observing the local celebration during the week of October 3-7 . The MBDC has requested that the Orange County Board of Commissioners consider proclaiming that week as Minority Enterprise Development Week in Orange County. RECOMMENDATION: Approve the proclamation. 2 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCLAMATION WHEREAS, the mission of the Orange County Economic Development Commission and the Small Business and Technology Development Center is to provide technical assistance and services to minority and women-owned business firms so that they will be able to develop contacts and successfully compete in the marketplace; and WHEREAS, during this week thousands of minority entrepreneurs, corporate representatives and federal, state and local governments will participate in activities in recognition of the success achieved by minority business; and WHEREAS, MED Week began in 1983 to recognize and celebrate achievements of the country' s minority entrepreneurs and the theme of this year' s MED Week is "Minority Business - Strengthening America' s Competitive Edge" ; and WHEREAS, the objectives of MED Week include increasing minority individuals ' awareness of the benefits, risks, requirements, and rewards to be obtained in owning a business; NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby proclaim the week of October 3-7 , 1994 MINORITY ENTERPRISE DEVELOPMENT WEEK in Orange County and call upon citizens to celebrate the outstanding accomplishments made by minority-owned firms and to support minority business developments . This the day of , 1994 . Moses Carey, Jr. Chairman ci ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS PROCLAMATION WHEREAS, the mission of the Orange County Economic Development Commission and the Small Business and Technology Development Center is to provide technical assistance and services to minority and women-owned business firms so that they will be able to develop contacts and successfully compete in the marketplace; and WHEREAS, during this week thousands of minority entrepreneurs, corporate representatives and federal, state and local governments will participate in activities in recognition of the success achieved by minority business; and WHEREAS, MED Week began in 1983 to recognize and celebrate achievements of the country' s minority entrepreneurs and the theme of this year's MED Week is "Minority Business - Strengthening America' s Competitive Edge" ; and WHEREAS, the objectives of MED Week include increasing minority individuals' awareness of the benefits, risks, requirements, and rewards to be obtained in owning a business; NOW, THEREFORE, BE IT RESOLVED that we, the Orange County Board of Commissioners, do hereby proclaim the week of October 3-7, 1994 MINORITY ENTERPRISE DEVELOPMENT WEEK in Orange County and call upon citizens to celebrate the outstanding accomplishments made by minority-owned firms and to support minority business developments. This the a? 9714 day of SEp7E/1/1 &sQ„ 1994. Moses Carey y. Chairman 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. \/ L-A MEETING DATE SEPTEMBER 20, 1994 SUBJECT: BID AWARD; VOTING BOOTHS FOR ORANGE COUNTY BOARD OF ELECTIONS ***************************************************************************** DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING YES X NO _ _ ***************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT: 2650 BID TABULATION PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ***************************************************************************** PURPOSE: To consider awarding a bid for the purchase of three hundred voting booths for the Orange County Board of Elections Department. BACKGROUND: Funds have been allocated in the CIP budget for the purchase of new voting booths for the Board of Elections Department. Orange County' s needs were identified and specifications were developed by County Staff and the Board of Elections. Bids were solicited from four vendors. Bids were received from two vendors on September 7 , 1994. Business Records Corporation of Clemmons North Carolina submitted the lowest responsible bid at a total delivered cost of $39, 000. 00. A tabulation of the bid is included. Bids for the booths were originally solicited with the bid for voting tabulators that were awarded at the August 23, 1994 meeting. However, due to a discrepancy in the specifications the bid for the booths was re-advertised. These booths will be added to the third party financing for the voting tabulators, that is being considered sepeately by the Board on this agneda. RECOMMENDATION: The Manager recommends award of the bid to Business Records Corporation of Clemmons North Carolina for a total cost of $39, 000.00 for three hundred ( 300) Voting Booths. 2 BID TABULATION BID NUMBER: /t ' BID FOR: UO1;1 / 0af413 BID AWARDED TO: ■ CLOSING DATE: 9- 7— 951. BID PRICE: CLOSING TIME: 3 : 0 0 /4: Al. BUDGETED AMOUNT: De / a` 2. re f,a/ VENDOR Ir'vef aSg q Q oo fks 1—re,.,,,,,„:„ '�' B us;,,,c0J3 /Pec0P'°' 3 0 Uy, X3000 /30. 0a 39, 000 (70,7, . .-a 1i7'0r/ /tjfab 30 days 1-77.y1 / 7 7Y7 3 .3/ y7dv 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No V_731-13 ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Lease Purchase Agreement - Voting Equipment DEPARTMENT Finance PUBLIC HEARING YES NO X ATTACHMENT(S) INFORMATION CONTACT Lease Purchase Agreement w/ Ken Chavious, ext 2450 attachments TELEPHONE NUMBER Resolution Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider approval of a lease purchase agreement for voting tabulators and voting stations. BACKGROUND: At the August 23, 1994 meeting, the Board of Commissioners approved the award of a bid for 45 voting tabulators to Business Records Corporation for $220,600. The Board is also considering at tonight' s meeting the award of a bid for voting stations to the same company for $39,000. The County was offered financing at a rate of 9% for all the voting equipment by the successful bidder. The Finance Director investigated third party financing options, and recommends that the Board consider approving the attached 5 year lease purchase agreement with Wachovia Leasing Corporation. Wachovia has offered to finance the voting equipment, at a total purchase price of $259,600, at a significantly lower rate of 7%. Total finance charges for the 5 year payback period are $50,316.80. Sufficient funds for the principal and interest payments on the equipment are included in the Equipment Replacement Capital Project in the approved 1994-1999 Capital Improvement Plan. RECOMMENDATION: The Manager recommends that the Board approve the lease purchase agreement, adopt the attached resolution, and authorize the Finance Director to execute all required documents, subject to review by the County Attorney. WACHOW& 2 Wachovia Leasing Corporation 301 North Main Street Winston-Salem,NC 27150 910 770-6662 September 8, 1994 Mr. Ken Chavious Orange County 109 Court St. P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Chavious: Enclosed with this letter are documents necessary to complete our transaction under Installment Purchase Number Three. The documents listed below are essential to this process and have been marked to indicate where signatures, titles, and placement of seal are required. In certain instances, you will be asked to provide a date, and these spaces have been marked as well to call your attention to them. All spaces marked in blue require completion by the person authorized to execute the transaction on behalf of Orange County. Spaces marked in yellow require completion by the individual charged with the responsibility for maintaining legal records of board meetings, usually identified as the Secretary or Clerk for the board. Your documentation package includes the following: Installment Purchase Contract Amortization Schedule Compensation of Escrow Agent Insurance Certificates Exhibit "A" Exhibit "B" Governing Body Resolution Non-Arbitrage Certificate Letter from Counsel 8038-G UCC Financing Statements Please look through each page of the package carefully. As you provide dates in the spaces marked, it is especially important that any date entered be selected relative to the date authorization occurred through board and/or legal representation. Your choice of the date used to activate our transaction must be on, or after, any board resolution or attorney opinion letter is dated. We will use the date you designate to activate the transaction as a reference date in other spaces not marked for you to complete. Along with the return of the completed documents, please have your insurance agent forward evidence of coverage as specified in the Certificates of Insurance included in your package. Any original invoice(s) not already submitted to us for payment may also be returned with your package if you have this available. Otherwise, I will expect the original invoice(s) to arrive later as equipment delivery occurs, I very much appreciate this opportunity to be of service to you and Orange County. Please call me at (910) 770-5776 if you have any questions or if I may be of additional assistance. I look forward to your return of the documents and to our continued association with Orange County. Sincerely, William E. McCarthy Vice President cc:Leslie Hayes • WACHOVIA 3 Wachovta Leasing Corporation 301 North Main Street Winston-Salem,NC 27150 919 770-6662 This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Finance Director INSTALLMENT PURCHASE CONTRACT-NUMBER THREE THIS INSTALLMENT PURCHASE CONTRACT,dated as of , 199 (this"Agreement")is by and among WACHOVIA LEASING CORPORATION (togetherwith its successors and assigns, the "Lender"), and ORANGE COUNTY, NORTH CAROLINA(the "Purchaser"), and WACHOVIA BANK OF NORTH CAROLINA, N.A., in its capacity as Escrow Agent(the "Escrow Agent"); WITNESSETH: WHEREAS, the Purchaser is a duly and validly created, organized and existing municipal corporation under and by virtue of the Constitution and laws of the State of North Carolina or a political subdivision of the State of North Carolina; WHEREAS,the Purchaser has the power,pursuant to Section 160A-20 of the General Statutes of North Carolina,to enter into installment contracts to finance the purchase of real or personal property; WHEREAS, the Lender desires to advance certain moneys to enable the Purchaser to acquire the Project(as hereinafter defined), and the Purchaser has determined that it is in its best interest to obtain said advance from the Lender and to acquire the Project pursuant to the terms and conditions of this Agreement; WHEREAS, in order to secure the obligations of the Lender hereunder, the Purchaser has requested that the Lender deposit moneys in escrow with the Escrow Agent,pursuant to the terms of this Agreement, in an amount equal to all or a portion of the costs of the Acquisition of the Project; WHEREAS, the obligation of the Purchaser to make Installment Payments (as hereinafter defined) under this Agreement shall not constitute a pledge of the faith and credit of the Purchaser within the meaning of any constitutional limitation or requirement concerning the creation of debt; WHEREAS, although the Project has been ordered from the manufacturers or suppliers thereof, or has been approved for ordering by the governing body of the Purchaser, there is expected to be a delay in the payment of the purchase price and the delivery of the Project to the Purchaser such that in order to secure the obligations of the Lender hereunder, the Purchaser has requested the Lender to set aside in escrow with the Escrow Agent,pursuant to their terms hereof, the purchase price of the Project; WHEREAS, the taxing power of the Purchaser is not,and shall not be, pledged directly or indirectly to secure any moneys due to the Lender or any other party, including the Escrow Agent,under this Agreement; WHEREAS, the Agreement shall not directly or indirectly obligate the Purchaser to make any payments in an aggregate amount greater than the sums appropriated in the sole discretion of the Purchaser for any fiscal year during which this Agreement shall be in effect; WHEREAS, no deficiency judgment may be rendered against the Purchaser in any action for breach of a contractual obligation under this Agreement, and the taxing power of the Purchaser is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under this Agreement; and WHEREAS, the Lender, the Purchaser and the Escrow Agent each has duly authorized the execution and delivery of this Agreement; IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. (Seal) ORANGE COUNTY 109 Court St.. P.O. Box 8181 Hillsborough,NC 27278 Attest: By: By: Title Tile _ (Seal) WACHOVIA LEASING CORPORATION Attest: By: By: Assistant Secretary Vice President WACHOVIA BANK OF NORTH CAROLINA, N.A. By: Tale Page 1 of 7 4 • NOW. THEREFORE, for and in consideration of the premises and of the covenants hereinafter contained, and other valuable consideration, the parties hereto agree as follows: ARTICLE I: DEFINITIONS • For purposes of this Agreement, the following terms shall have the respective meaning indicated(words imparting the singular number to include the plural number and vise versa): "Acquisition of the Project". The acquisition of the Project. "Code". The Internal Revenue Code of 1986,as amended, including temporary,proposed and final treasury regulations promulgated thereunder. "Escrow Agent". Wachovia Bank of North Carolina,N.A.together with its successors and assigns as Escrow Agent under the Escrow Agreement. "Escrow Fund". The Escrow Fund created in Section 4.1 of this Agreement. "Installment Payments". Those payments to be made by the Purchaser to the Lender as provided in Section 3.1 of this Agreement. "Net Proceeds". When used with respect to any proceeds from policies of insurance or the proceeds from any sale of the Project, the amount remaining after deducting from the gross proceeds thereof all expenses(including,without limitation,attorney's fees and expenses) • incurred in the collection of such proceeds. "Payment Dates", The dates listed on Schedule 3.1 attached hereto. "Plans and Specifications". The manufacturer's instructions relating to the installation and use of the Project. "Prime Rate". That interest rate denominated by Wachovia as its "Prime Rate' and set by Wachovia from time to time as an interest rate basis for borrowings, changes in the Prime Rate to be effective on the date of each such change. Wachovia lends at rates above and below the Prime Rate which is but one of several interest rate bases used by Wachovia. "Project". The personal property described on Exhibit A attached to this Agreement. "Project Costs". Payment of or reimbursement for the following items: (a)The costs of Acquisition of the Project; (b) Payments and prepayments of the principal component of Installment Payments (as provided for in Section 3.1 of this Agreement) from any moneys remaining in the Escrow Fund subsequent to the date the Acquisition of the Project is completed; "Purchase Price". The total amount advanced by the Lender to enable the Purchaser to finance all or a portion of the Acquisition of the Project under the terms of this Agreement, which amount equals the total of Installment Payment Principal Component set forth on Schedule 3.1 attached hereto. "State". The State of North Carolina. "Wachovia". Wachovia Bank of North Carolina, N.A. ARTICLE II: ADVANCE OF PURCHASE PRICE The Lender hereby makes an advance to the Purchaser of the Purchase Price and the Purchaser hereby accepts from the Lender the Purchase Price. The proceeds of the Purchase Price shall be applied by the Purchaser in the Acquisition of the Project, in accordance with the Plans and Specifications and in accordance with this Agreement. ARTICLE III: INSTALLMENT PAYMENTS Section 3.1. Amounts and Times of Installment Payments. The Purchaser shall make the Installment Payments on the date and in the respective amounts indicated on the Amortization Schedule attached to this Agreement as Schedule 3.1. The Purchaser shall pay a late charge on any Installment Payment not made when due in an amount equal to five percent(5%)of such overdue amount. Notwithstanding any other term of this Agreement, the maximum amount of interest which may be charged to or collected from the Purchaser by the Lender shall be absolutely limited to, and shall in no event exceed the maximum amount of interest which could lawfully be charged or collected under applicable law. Section 3.2. Nonappropriation. The Installment Payments are subject to annual appropriation by the governing body of the Purchaser. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise available by any means whatsoever in any fiscal period for Installment Payments due under this Agreement, then the Purchaser will immediately notify the Lender or its assignee of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the Purchaser of any kind whatsoever, except as to the portions of Installment Payments herein agreed upon for which funds have been appropriated and budgeted or are otherwise available. The Purchaser reasonably believes that funds can be obtained sufficient to make all Installment Payments and hereby covenants that it will take all actions lawfully within its power to obtain, maintain and properly request and pursue funds from which the Installment Payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the purpose of obtaining funding,using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is the Purchaser's intent to make all Installment Payments if funds are legally available therefor and in that regard the Purchaser represents that the use of the Project is essential to its proper,efficient and economic operation. Section 3.3. Place of Payments. All payments required to be made to the Lender hereunder shall be made at the Lender's principal office or as may be otherwise directed by the Lender or its assignee. Section 3.4. Abatement of Installment Payments. There shall be no abatement or reduction of the Installment Payments by the Purchaser for any reason, including,but not limited to,any defense, recoupment,setoff,counterclaim,or any claim arising out of or related to the Project. The Purchaser assumes and shall bear the entire risk of loss and damage to the Project from any cause whatsoever, it being the intention of the parties that the Installment Payments shall be made in all events. Section 3.5. Prepayment of Installment Payments. If the Purchaser has performed all of the terms and conditions of this Agreement, it shall have the option to prepay at any time, in whole, the principal component of the outstanding Installment Payments plus accrued but unpaid interest, upon thirty(30)days prior written notice to the Lender and the Escrow Agent subject to the prepayment penalty, if any, indicated on the Amortization Schedule attached to this Agreement as Schedule 3.1. Page 2 of 7 Section 3.6. Installment Payment Adjustment. (a)The Purchaser acknowledges that the Lender is providing the Purchase Price at the 5 interest rate set forth in Section 3.1 of this Agreement based on the premise that interest received under this Agreement is excludable from gross income of the Lender for Federal and North Carolina income tax purposes. If, as a result of any action or failure to take any action by the Purchaser, the Internal Revenue Service, a court of competent jurisdiction or nationally recognized bond counsel (selected by the Lender)determines that the interest received under this Agreement by the Lender is includable in the gross income of the Lender for Federal or North Carolina income tax purposes(a "Determination of Taxability"), then, at the option of the Lender, either(a) the Purchaser shall immediately prepay all remaining Installment Payments together with an amount equal to the difference between(i)the anticipated after-tax yield to the Lender under this Agreement had the interest received under this Agreement remained excludable from the gross income of the Lender for Federal and North Carolina income tax purposes and(ii)the actual after-tax yield to the Lender under this Agreement following such Determination of Taxability,or(b)the remaining Installment Payments shall be adjusted to provide for the payment of interest by the Purchaser at a taxable rate which will preserve the Lender's after-tax economic yield. if a Determination of Taxability shall occur, the Purchaser agrees, to the extent permitted by law, to indemnify and hold harmless the Lender from any costs and expense incurred as a result of the loss of the tax-exempt status of the obligation created by this Agreement, specifically including,without limitation,all administrative expenses arising in connection with the amendment of the Lender's tax returns. In addition, if, as a result of any action or failure to take any action by the Purchaser, the Lender's after-tax yield with respect to the obligation created by this Agreement is adversely affected, the Installment Payments shall be adjusted to produce an after-tax yield to the Lender equivalent to the Lender's after-tax yield prior to such action or failure to take any action. (b)If the maximum federal and/or North Carolina marginal corporate income tax rate applicable to the taxable income of the Lender decreases after the date of this Agreement, the Installment Payments shall be adjusted to produce an after-tax yield to the Lender aluivalent to the Lender's after-tax yield prior to such decrease. (c) For purposes of paragraphs (a) and (b) of this Section 3.6, the Lender's after-tax yield shall be as reasonably calculated by the Lender and such calculations, in the absence of manifest error, shall be binding on the parties hereto. (d) The Purchaser hereby agrees to enter into any amendments to this Agreement which the Lender determines are necessary to adjust the Installment Payments in the event of a breach by the Purchaser of any of the agreements contained in this Section. ARTICLE IV: ESCROW FUND Section 4.1. Creation of Escrow fund. Moneys in an amount equal to the Purchase Price will be deposited by the Lender with the Escrow Agent and this sum shall constitute the principal of the Escrow Fund, and shall be held by the Escrow Agent in trust in a separate fund designated as the "Escrow Fund" and applied in accordance with the provisions of this Article IV. The Purchaser hereby assigns, pledges and grants a security interest in the Escrow Fund in favor of the Lender to secure payment of the Installment Payments described in Section 3.1 of this Agreement. Section 4.2. Investment. The Escrow Agent shall invest and reinvest the Escrow fund in accordance with instructions received from the Purchaser. The Purchaser is solely responsible for ascertaining that all proposed investments and reinvestments comply with federal, state and local laws, regulations and ordinances governing investment of escrowed funds held pursuant to a financing arrangement similar in substance to the arrangement contemplated by this Agreement and for providing appropriate notice to the Escrow Agent for the reinvestment of any maturing investment. Accordingly,the Escrow Agent is not responsible for any liability,cost, expense, loss, damage or claim of any kind, directly or indirectly,arising out of or related to investment or reinvestment of all or a portion of the Escrow Fund, and the Purchaser agrees to release and indemnify and hold harmless the Escrow Agent and the Lender, and their respective officers, directors, employees and agents, from any such liability, cost, expense, loss, damage or claim. Section 4.3. Disbursements. (a) Payment by Escrow Agent. Unless the Escrow Fund is earlier terminated in accordance with the provisions of Section 4.4 of this Agreement, the principal of the Escrow Fund shall be disbursed by the Escrow Agent to the vendor as directed by the Purchaser in payment of the Project Costs on receipt of written authorization(s)from the Lender. The Lender agrees to provide such authorization(s)on receipt of a requisition from the Purchaser substantially in the form set forth in Exhibit B attached hereto, together with any documents or other items as the Lender may determine to be necessary, including but not limited to, copies of filed Uniform Commercial Code financing statements evidencing the Lender's security interest in the Project. If the principal of the Escrow Fund is insufficient to pay the Project Costs, the Purchaser shall provide any balance of the funds needed to complete the Acquisition of the Project. Any moneys remaining in the Escrow Fund after completion of the Acquisition of the Project or on termination hereof before such completion shall be distributed to the Lender to be applied to the outstanding principal balance and modify the Installment Payments due after the distribution. (b)Distribution of Interest. Interest earned on the Escrow Fund shall be disbursed by the Escrow Agent on the termination or the final distribution of the Escrow Fund in the following order: first,to the payment of the Escrow Agent's fees as set forth in Section 4.13 of this Agreement; and second, to the Purchaser. Section 4.4. Termination. The Escrow Fund shall be terminated at the earliest of(a) the final distribution of principal of the Escrow fund; (b) the Escrow agent receives written notice by the Lender of the occurrence of an event of Default under this Agreement, or (c) the termination of this Agreement. Section 4.5. Scope of Escrow Agent's Authority. The Escrow Agent shall act as escrow agent for the Escrow Fund under this Agreement until the termination of this Agreement in accordance with its terms,shall take such actions as are specifically provided for herein and may exercise such additional powers as are reasonably incidental thereto. The Escrow Agent shall not exercise any discretion or make any judgments and shall act or refrain from acting only in accordance with instructions and directions of the parties to this Agreement who shall have agreed to make such instructions or directions. Section 4.6. Limitation of Liability. The Escrow Agent shall not be liable for any act which it may do or omit to do hereunder so long as it shall have acted in a manner not inconsistent with the terms of this Agreement. The Escrow Agent shall not be liable in any respect on account of the identity,authority or rights of the parties executing or delivering or purporting to execute or deliver this Agreement, or any documents or papers the delivery of which is contemplated hereunder. The Escrow Agent is authorized to disregard any and all warnings from any person, and may disregard any directions, instructions, notices, communications, or information from any source whatsoever, excepting only directives conforming to the terms and provisions of this Agreement. Under no circumstances shall the Escrow Agent be liable or responsible for the application of funds after the same have been delivered to the Purchaser, any other person identified as a payee in any requisition submitted to the Escrow Agent by the Purchaser, or any other person in accordance with this Agreement. Section 4.7. Reliance of Escrow Agent on Documents. The Escrow Agent may act in reliance on any writing or instrument or signature which it,in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent is not liable in any manner for the sufficiency or correctness as to form, mariner and execution,or validity of any instrument nor as to the identity,authority,or right of any person executing same; and its duties hereunder are limited to the receipt of such moneys,instruments or other documents received by it as the Escrow Agent,and for the disposition of the same in accordance herewith. Section 4.8. Indemnification of Escrow Agent. Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, the Purchaser agrees to indemnify the Escrow Agent, and its officers,directors, employees and agents, and to hold them harmless from any and all damages, claims, liabilities,losses, actions, suits or proceedings at law or in equity, or any other expenses, fees or charges of any character or nature, which they may incur or with which they may be threatened by reason of actions taken in connection with this Agreement; and in connection therewith,to indemnify the Escrow Agent, and its officers, directors. employees and agents, against any and all expenses, including reasonable attorneys' fees and expenses and the cost of defending any action, suit or proceeding or resisting any claim. The Escrow Agent is vested with a lien on all property deposited hereunder, for indemnification, for reasonable attorneys' fees, court costs, for any suit, interpleader or otherwise, or any other expenses, fees or charges of any character or nature, which may be incurred by the Escrow Agent by reason of disputes arising between the Purchaser and the Lender as to the correct interpretation of this Agreement or any directions or instructions given to the Escrow Agent hereunder, or otherwise, with the right of the Page 3 of 7 Escrow Agent,regardless of the instructions aforesaid.to hold such property until and unless such additional expenses, fees and charges shall 6 be paid is full. Section 4.9. Discretion of the Escrow Agent to File Civil Action in the Event of Dispute. If the Purchaser or the Lender are in disagreement about the interpretation of this Agreement or about the rights and obligations or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but is not required to, file an appropriate civil action to resolve the disagreement. The Escrow Agent shall be indemnified for all costs, including reasonable attorneys' fees and expenses, in connection with such civil action and shall be fully protected in suspending all or part of its activities under this Agreement until a final judgment in such action is received. Section 4.10. Consultation with Counsel. The Escrow Agent may consult with counsel of its own choice and has full and complete authorization and protection in taking any action, or in omitting to take any action, in good faith reliance on the advice of such counsel. The Escrow Agent is otherwise not liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. Section 4.11. Additional Rights of Escrow Agent. The Escrow Agent shall have the following rights in addition to those granted above: (i) The Escrow Agent shall not be bound to make any investigation into the facts or other matters stated in any requisition, certificate, statement, instrument,evidentiary material, opinion,report, notice,request,directive,or consent, or any judgment, order or decree of any court of competent jurisdiction. (ii)The Escrow Agent shall not be required to institute legal proceedings of any kind or to defend any legal proceedings which may be instituted in respect of the subject matter of this Agreement. (iii)No provision of this Agreement shall require the Escrow Agent to expend its own funds or otherwise incur any financial loss or liability in the performance of its duties hereunder, or in the exercise of any of its rights or powers hereunder. Section 4.12. Resignation of Escrow Agent. The Escrow Agent, or any successor escrow agent, may at any time resign by giving notice in writing to the Lender and the Purchaser and shall be discharged from its duties under this Agreement upon the appointment of a successor escrow agent as provided herein. In the event of any resignation,a successor escrow agent shall be appointed by the Lender and the Purchaser. Any successor escrow agent shall deliver to the Lender and the Purchaser a written instrument accepting appointment under this Agreement, and thereupon it shall succeed to all the rights and duties of the Escrow Agent hereunder and shall be entitled to receive from the resigning Escrow Agent the assets held in the Escrow Fund. Section 4.13. Compensation. The Escrow Agent shall be compensated by the Purchaser for its services at the times and in the amounts set forth in Schedule 4.13 attached hereto and incorporated herein by reference. The Purchaser shall also reimburse to the Escrow Agent for all reasonable expenses, charges and other disbursements and those of the Escrow Agent's attorneys, agents and employees incurred in and about the administration and execution of the Escrow Fund and the performance of the Escrow Agent's powers and duties hereunder. The Purchaser hereby authorizes the Escrow Agent to deduct all such compensation,expenses, charges and other disbursements authorized by this Section 4.13 directly from the Escrow Fund in accordance with Section 4.3(b)of this Agreement. ARTICLE V: RESPONSIBILITIES OF THE PURCHASER Section 5.1. Care and Use. The Purchaser shall use the Project in a careful and proper manner, in compliance with all applicable laws and regulations, and, at its sole cost and expense, shall service, repair and maintain the Project so as to keep the Project in good condition, repair, appearance and working order for the purposes intended,ordinary wear and tear excepted, and shall replace any part of the Project as may from time to time become worn out,lost,stolen,destroyed or damaged or is unfit for use. Any and all additions to or replacements of the Project and all parts thereof shall constitute accessions to the Project and shall be subject to all terms and conditions of this Agreement and included in the term "Project" as used in this Agreement. If requested by the Lender, the Purchaser shall enter into or cause to be entered into,and maintained in full force and effect during the term of this Agreement, manufacturer's or supplier's standard maintenance contracts satisfactory to the Lender covering the Project and shall comply with all of its obligations thereunder. The Purchaser shall furnish evidence upon Lender's request to the Lender of such signed maintenance contracts at or prior to the date of this Agreement and the payment of all charges and premiums therefor. Substitute maintenance contracts may be used if necessary and if first approved by the Lender in writing. Upon the early termination of this agreement pursuant to Section 3.2 or 11.2 hereof, the Purchaser shall, at its sole cost and expense, surrender the Project to the Lender and return the Project to the Lender at a place designated by the Lender in the same condition as originally received, ordinary wear and tear accepted, and in a condition which will permit the Lender to be eligible for such standard maintenance contracts without incurring any expense to repair or rehabilitate the equipment. • Section 5.2. Inspection. The Lender has the right on reasonable prior notice to the Purchaser to enter into and on the premises where the Project is located to inspect the Project and observe its use during normal business hours. Section 5.3. Utilities. The Purchaser shall pay all charges for gas, water, steam, electricity,light,heat or power, telephone or other utility service furnished to or used on or in connection with the Project. There shall be no abatement of the Installment Payments on account of interruption of any such services. Section 5.4. Taxes. The Purchaser agrees to pay when due any and all taxes relating to the Project and the Purchaser's obligations hereunder including, but not limited to, all license or registration fees, gross receipt tax, sales and use tax, if applicable, license fees, documentary stamp taxes, rental taxes, assessments, charges, ad valorem taxes, excise taxes, and all other taxes and charges imposed on the ownership, possession or use of the Project by any governmental body or agency, together with any interest and penalties,other than taxes on or measured by the net income of the Lender. Section 5.5. Alterations. Without the prior written consent of the Lender, which consent shall not be unreasonably withheld, the Purchaser shall not make any alterations,modifications or attachments to the Project which cannot be removed without materially damaging the functional capabilities or economic value of the Project. Upon the return of the Project to the Lender upon the termination of this Agreement as described in Section 11.2 hereof and at the Lender's request, the Purchaser at its sole cost and expense will remove all alterations, additions and attachments and repair the Project as necessary to return the Project to the condition in which it was furnished, ordinary wear and tear excepted. Section 5.6. Transportation and Installation Charges. To the extent the money advanced as the Purchase Price therefor, the Purchaser shall be responsible for all charges relating to the transportation of the Project to the PureiralliMM installation at such location. The Lender may at its option either prepay such charges and invoice the Purchaser or Purchaser as they are received and the Purchaser shall remit payment within ten(10)calendar days. Section 5.7. Insurance. The Purchaser shall maintain at its sole cost and expense insurance on the Project coverm �rs' ` in such amounts and with such deductibles as are described in Schedule 5.7 attached hereto, with such insurance companies as chap be satisfactory to the Lender. All insurance for loss or damage shall name the Lender as an additional insured and shall provide that losses, if any, shall be payable to the Purchaser and the Lender, as their interests may appear. Evidence of all required liability insurance shall be provided to the Lender. The Purchaser shall pay the premiums therefor and deliver to the Lender the policies of insurance or duplicates thereof or other evidence satisfactory to the Lender of such insurance coverage. Each insurer shall also agree by endorsement upon the policy or policies issued by it that: (a)it will give thirty(30)days prior written notice to the Lender of cancellation,non-renewal or material modification of such policy and ten(10)days prior written notice for non-payment of premium; and (b) the coverage of the Lender shall not be terminated, reduced or affected in any manner regardless of any breach or violation by the Purchaser of any warranties, declarations or conditions of such insurance policy or policies. The Net Proceeds of such insurance, at the option of the Purchaser, shall be applied: (a) toward the replacement, restoration or repair of the Project,or(b)toward the prepayment of the obligations of the Purchaser hereunder, Page 4 of 7 — including,but not limited to,the Installment Payments. The Purchaser shall make claim for,receive payment of, and execute all documents, 7 checks of drafts received in payment of loss or damage under any such insurance policy. In no event shall the Purchaser permit any motor vehicle purchased hereunder to be used for the transportation for hire of goods or passengers. Section 5.8. Risk of Loss. The Purchaser shall bear all risk of loss to and condemnation of the Project. In the event of loss or damage to the Project, the Purchaser shall at its option.either (a)continue to make the installment Payments due hereunder and repair or replace the Project, as mutually agreed on by the Lender and the Purchaser, or (b) prepay in full the principal components of the outstanding Installment Payments plus accrued but unpaid interest in accordance with Section 3.5 of this Agreement, provided, however, that the prepayment price shall equal one hundred percent (100%) of the principal amount of the outstanding Installment Payments plus accrued interest to the date of the prepayment. Section 5.9. Performance by the Lender of the Purchaser's Responsibilities. Any performance required of the Purchaser or any payments required to be made by the Purchaser may,if not timely performed or paid,be performed or paid by the Lender, and, in that event, the Lender shall be immediately reimbursed by the Purchaser for these payments or other performance by the Lender, with interest thereon at a rate equal to the Prime Rate. Section 5.10. Financial Statements. The Purchaser agrees that upon the written request of the Lender during the term of this Agreement it will furnish the Lender its annual financial statements within 180 days after the end of each fiscal year of the Purchaser, and such other financial information as the Lender may from time to time reasonably request(including,without limitation,the Purchaser's annual budget as submitted or approved),and permit the Lender or its agents and representatives to inspect the Purchaser's books and records and make extracts therefrom. The Purchaser represents and warrants to the Lender that all financial statements which have been delivered to the Lender fairly and accurately reflect the Purchaser's financial condition and there has been no material adverse change in the Purchaser's financial condition as reflected in the financial statements since the date thereof, ARTICLE VI: TITLE; SECURITY INTEREST; LIENS; LOCATION Section 6.1. Title. Title to the Project and any and all additions, repairs, replacements or modifications thereto shall be in the Purchaser from and after the date of execution and delivery of this Agreement so long as the Purchaser shall not be in default hereunder and shall vest permanently in the Purchaser on the payment of all Installment Payments, free and clear of any lien or security interest of the Lender therein. Section 6.2. Security Agreement. To secure all obligations of the Purchaser hereunder, the Purchaser hereby grants to the Lender a security interest in any and all of the Purchaser's right, title and interest in and to the Project, all additions, attachments, accessions, substitutions and replacements thereto, and any and all proceeds thereof, including without limitation, and proceeds of insurance thereon. The Purchaser agrees to execute and deliver all documents, instruments and financing statements necessary or appropriate to perfect or maintain the security interest granted hereby and to maintain the Lender's security interest in the items of personal property constituting the Project purchased pursuant to Section 4.3(a)hereof. The Lender is authorized to file financing statements without the Purchaser's signature or to execute and file such financing statements without the Purchaser's signature on the Purchaser's behalf as specified by the Uniform Commercial Code to perfect or maintain the Lender's security interest granted hereby. At the request of the Lender, the Purchaser will keep and maintain a conspicuous marking or tag on the items of personal property constituting the Project that a security interest therein is held by the Lender. Section 6.3. Personal Property. The Project is,and shall at all times be and remain, personal property notwithstanding that the Project or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in,or permanently resting upon, real property or any building thereon or any fixtures,or attached in any manner to what is permanent by any means of cement,plaster,nails, bolts,screws or otherwise. Upon request of the Lender, the Purchaser shall obtain,as to any place where the Project is located, a waiver from the landlord and mortgagee thereof with respect to any rights they may have in and to the Project or the rights of levy or seizure thereon. Section 6.4. Liens, The Purchaser shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, security interest, encumbrance or claim on or with respect to the Project or any interest therein, except for the lien and security interest of the Lender therein. The Purchaser shall promptly,at its own expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, security interest,charge, encumbrance or claim if the same shall arise at any time. The Purchaser shall reimburse the Lender for any expense incurred by it in order to discharge or remove any such mortgage, pledge, lien, security interest, charge, encumbrance or claim. Section 6.5. Location of Proiect. The Purchaser agrees that unless the Lender otherwise consents in writing all of the personal property constituting the Project shall at all times remain at the location described in Exhibit A attached hereto. ARTICLE VII: WARRANTIES AND REPRESENTATIONS OF THE PURCHASER The Purchaser warrants and represents to the Lender as follows: (a)The Purchaser is duly organized and validly existing and has all powers necessary to enter into the transactions contemplated by this Agreement and to carry out its obligations hereunder and thereunder; (b) This Agreement and all other documents relating hereto and the performance of the Purchaser's'obligations hereunder and thereunder have been duly and validly authorized, executed and delivered by the Purchaser and approved under all laws, regulations and procedures applicable to the Purchaser including,but not limited to,compliance with public meeting and bidding requirements, and, assuming due authorization, execution and delivery thereof by the other parties hereto and thereto, constitute valid, legal and binding obligations of the Purchaser. enforceable in accordance with their respective terms,subject to bankruptcy,insolvency and other laws affecting the enforcement of creditors' rights generally and such principles of equity as a court having jurisdiction may impose; (c) No approval or consent is required from any governmental authority with respect to the entering into or performance by the Purchaser of this Agreement and the transactions contemplated hereby and thereby or, if such approval or consent is required, it has been duly obtained; (d) There is no action, suit. proceeding or investigation at law or in equity before or by any court, public board or body pending or, to the best of the Purchaser's knowledge, threatened, against or affecting the Purchaser challenging the validity or enforceability of this Agreement or any other documents relating hereto and the performance of the Purchaser's obligations hereunder and thereunder,and compliance with the provisions hereof, under the circumstances contemplated hereby, does not and will not in any material respect conflict with, constitute on the part of the Purchaser a breach of or default under,or result in the creation of a lien or other encumbrance on any property of the Purchaser(except as contemplated herein) pursuant to, any agreement or other instrument to which the Purchaser is a party, or any existing law, regulation, court order or consent decree to which the Purchaser is subject;(e)The description of the Project set forth in Exhibit A attached hereto is true and accurate: (f) The payment obligation created by this Agreement is not a "private activity bond" as defined in Section 141 of the Code; (g) The Purchaser intends to own and operate the Project at all times during the term of this Agreement; (h) There are no liens or encumbrances on the Project,other than the liens and security interests created by this Agreement and the other liens,if any,permitted hereby and thereby; (i)The obligations of the Purchaser under this Agreement are not directly or indirectly federally guaranteed; (j)Resolutions authorizing the execution, delivery and performance by the Purchaser of this Agreement and the transactions contemplated hereby and thereby have been duly adopted, are in full force and effect, and have not been in any respect modified,revoked or rescinded; (k)The Purchase Price will be used solely to pay Project Costs and no portion of the Purchase Price will be invested by or on behalf of the Purchaser: (I)The Acquisition and use of the Project is essential to the proper, efficient and economical operation of the Purchaser and the delivery of its service and the Project will provide an essential use and permit the Purchaser to carry out public functions that it is authorized by law to perform: and(m) If any of the Project includes one or more motor vehicles, such motor vehicles shall not at any time be leased, rented or otherwise used by the Purchaser for hire. Page 5 of 7 ARTICLE VIII: TAX COVENANTS AND REPRESENTATIONS 8 The Purchaser covenants that it will not take any action, or fail to take any action, if such action or failure to take action would adversely affect the exclusion from gross income of the interest component of the Installment Payments under Section 103 of the Code. The Purchaser will not directly or indirectly use or permit the use of any proceeds of the Escrow Fund or any funds of the Purchaser, or take or omit to take any action that would cause the obligation of the Purchaser under this Agreement to be an "arbitrage bond" within the meaning of Section 148(a)of the Code. Without limiting the generality of the foregoing, the Purchaser agrees that there shall be paid from time to time all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be applicable to the obligation created by this Agreement from time to time. This covenant shall survive the payment in full of all obligations under this Agreement. Notwithstanding any provision of this Section, if the Purchaser shall provide to the Lender an opinion of nationally recognized bond counsel to the effect that any action required under this Section is no longer required,or to the effect that some further action is required, to maintain the exclusion from gross income of the interest component of the Installment Payments pursuant to Section 103 of the Code,the Purchaser may rely conclusively on such opinion in complying with the provisions hereof. ARTICLE IX: INDEMNIFICATION The Purchaser hereby agrees to indemnify,protect and save the Lender and the Escrow Agent,and the Lender's and the Escrow Agent's respective directors, officers, employees and agents, harmless from all liability, obligations, losses, claims, damages, actions, suits, • proceedings, costs and expenses, including reasonable attorneys' fees and expenses, arising out of,connected with, or resulting,directly or indirectly,from the Project, including,without limitation,the possession,condition,installation or use thereof. The indemnification arising under this Section shall continue in full force and effect notwithstanding the termination of, or the payment in full of all obligations under, this Agreement. ARTICLE X: DISCLAIMER OF WARRANTIES Section 10.1. No Representations by the Lender. The Purchaser acknowledges and agrees that it has selected the Project based on its own judgment and disclaims any reliance on any statements or representations made by the Lender with respect thereto. Section 10.2. Disclaimer by the Lender. THE LENDER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE CONDITION, MERCHANTABILITY OR FITNESS FOR-A PARTICULAR PURPOSE OF THE PROJECT OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT. ARTICLE XI: DEFAULT AND REMEDIES Section 11.1. Definition of Event of Default. The Purchaser is in default hereunder on the happening of any of the following events of default(each, an "Event of Default"): (a) The Purchaser fails to make any Installment Payment or pay any other sum hereunder when due; (b) The Purchaser fails to perform or observe any term, condition or covenant of this Agreement on its part to be observed or performed,other than as referred to in paragraph(a)above,for a period of 30 days after written notice specifying such failure and requesting that it be remedied has been given to the Purchaser by the Lender; (c) The Purchaser fails to complete Acquisition of the Project in accordance with this Agreement; (d) The Purchaser fails to satisfy any of the Purchaser's bonded indebtedness or other credit obligations when required under the instruments evidencing such obligations;(e)Proceedings under any bankruptcy,insolvency,reorganization or similar litigation are instituted by or against the Purchaser, or a receiver, custodian, or similar officer shall be appointed for the Purchaser or any of its property, and such proceedings or appointments are not vacated or fully stayed after the institution or occurrence thereof; (f) Any warranty, representation or statement made by the Purchaser herein or in any other document executed or delivered in connection herewith or therewith is found to be-incorrect or misleading in any material respect on the date made; or(g) Any attachment, levy or execution is levied on or against the Project or any part thereof. Section 11.2. Remedies on Default. On the occurrence of an Event of Default,the Lender may exercise one or more of the following remedies as the Lender, in its sole discretion,elects: (a)Declare the entire amount of the Installment Payments immediately due and payable without notice or demand to the Purchaser; (b)Proceed by appropriate court action to enforce performance by the Purchaser of the applicable covenants of this Agreement or to recover for the breach thereof;(c)Exercise all the rights and remedies of a secured party or creditor under the Uniform Commercial Code of the State and the general laws of the State with respect to the enforcement of the security interest granted or reserved hereunder including, without limitation,to the extent permitted by law, reenter and take possession of the Project without any court order or other process of law and without liability for entering the premises and sell,lease, sublease or make other disposition of the same in a commercially reasonable manner for the account of the Purchaser,and apply the proceeds of any such sale,lease, sublease or other disposition,after deducting all costs and expenses, including court costs and attorneys'fees, incurred with the recovery, repair, storage and other sale, lease, sublease or other disposition costs, toward the balance due under this Agreement and, thereafter, pay any remaining proceeds to the Purchaser; (d) Terminate this Agreement as to all or any part of the Project and use, operate, lease or hold the Project as the Lender in its sole discretion may decide; (e)Enforce its security interest in the Project;or(f)Terminate the Escrow Fund in accordance with Section 4.4(b)of this Agreement. Notwithstanding any other provisions herein,it is the intent of the parties hereto to comply with Section 160A-20 of the General Statutes of North Carolina. No deficiency judgment may be entered against the Purchaser in favor of the Lender in violation of Section 160A-20 including, without limitation,any deficiency judgment for amounts that may be owed hereunder when the sale of all or any portion of the Project is insufficient to produce enough money to pay in full all remaining obligations under this Agreement. Section 11.3. Further Remedies. A termination hereunder shall occur only on notice by the Lender to the Purchaser and only with respect to such part or parts of the Project as the Lender specifically elects to terminate in such notice. Except as to those parts of the Project with respect to which there is a termination,this Agreement shall remain in full force and effect and the Purchaser shall be and remain liable for the full performance of all its obligations hereunder. All remedies of the Lender are cumulative and may be exercised concurrently or separately. The exercise of any one remedy shall not be deemed an election of such remedy or preclude the exercise of any other remedy. ARTICLE XII: ASSIGNMENT Section 12.1. Assignment By the Purchaser. The Purchaser agrees not to sell,assign,lease, sublease, pledge or otherwise encumber or suffer a lien or encumbrance on or against any interest in this Agreement or the Project(except for the lien and security interest of the Lender therein)without the Lender's prior written consent. The Purchaser's interest herein may not be assigned or transferred by operation of law. Section 12.2. Assignment By the Lender, The Lender may, at any time and from time to time, assign all or any part of its interest in the Project or this Agreement, including without limitation, the Lender's rights to receive the Installment Payments and any additional payments due and to become due hereunder. The Purchaser agrees that this Agreement may become part of a pool of obligations at the Lender's or its assignee's option. The Lender or its assignee may assign or reassign either all of its rights under this Agreement or any partial interest herein. Notwithstanding the foregoing, no assignment or reassignment, except as to Wachovia or any direct or indirect subsidiary or affiliate,of the Lender's interest in the Project or this Agreement shall be effective unless and until the Purchaser receives a Pane 6 nf7 duplicate original counterpart of the document by which such assignment or reassignment is made disclosing the name and address of each 9 such assignee. The Purchaser covenants and agrees with the Lender and each subsequent assignee of the Lender to maintain for the full term of this Agreement a written record of each such assignment or reassignment. The Purchaser further agrees that the Lender's interest in this Agreement may be assigned in whole or in part on terms which provide in effect that the assignor or assignee will act as a collection and paying agent for any holders of certificates of participation in this Agreement,provided the Purchaser receives a copy of such agency contract and such collection and paying agent covenants and agrees to maintain for the full remaining term of this Agreement a written record of each assignment and reassignment of such certificates of participation. The Purchaser agrees to execute any document reasonably required by the Lender in connection with any assignment. After the giving of notice described above to the Purchaser, the Purchaser shall thereafter make all payments in accordance with the notice to the assignee named therein and shall, if so requested, acknowledge such assignment in writing, but such acknowledgement shall in no way be deemed necessary to make the assignment effective. Section 12.3. Escrow Fund Assignment by the Lender. The Lender may freely assign all or any part of its interest in the Escrow Fund established pursuant to Article IV of this Agreement in connection with an assignment by the Lender of this Agreement. ARTICLE XIII: LIMITED OBLIGATION OF THE PURCHASER NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE PURCHASER WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT LIMITATION, NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR INTERPRETED AS CREATING A DELEGATION OF GOVERNMENTAL POWERS NOR AS A DONATION BY OR A LENDING OF THE CREDIT OF THE PURCHASER WITHIN THE MEANING OF THE CONSTITUTION OF THE STATE OF NORTH CAROLINA. THIS AGREEMENT SHALL NOT DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE PURCHASER TO MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE SOLE DISCRETION OF THE PURCHASER FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT SHALL BE IN EFFECT. NO DEFICIENCY JUDGMENT MAY BE RENDERED AGAINST THE PURCHASER IN ANY ACTION FOR BREACH OF A CONTRACTUAL OBLIGATION UNDER THIS AGREEMENT AND THE TAXING POWER OF THE PURCHASER IS NOT AND MAY NOT BE PLEDGED DIRECTLY OR INDIRECTLY OR CONTINGENTLY TO SECURE ANY MONEYS DUE UNDER THIS AGREEMENT. No provision of this Agreement shall be construed to pledge or to create a lien on any class or source of the Purchaser's moneys (other than the Escrow Fund), nor shall any provision of this Agreement restrict the future issuance of any of the Purchaser's bonds or obligations payable from any class or source of the Purchaser's moneys. To the extent of any conflict between this Section and any other provision of this Agreement, this Section shall take priority. ARTICLE XIV: JOINDER BY THE ESCROW AGENT The Escrow Agent hereby executes this Agreement to signify its acceptance of the Escrow Fund created under Article IV of this Agreement and to agree to be bound by the terms of such Article. ARTICLE XV: MISCELLANEOUS Section 15.1. Waiver. No covenant or condition of this Agreement can be waived except by the written consent of the Lender. Any failure of the Lender to require strict performance by the Purchaser or any waiver by the Lender of any terms, covenants or agreements herein shall not be construed as a waiver of any other breach of the same or any other term, covenant or agreement herein. Section 15.2. Severability. If any portion of this Agreement is determined to be invalid under any applicable law, such provision shall be deemed void and the remainder of this Agreement shall continue in full force and effect. Section 15.3. Governing Law. This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State. Section 15.4. Notices. Any and all notices, requests, demands and other communications given under or in connection with this Agreement are effective only if in writing and either personally delivered or mailed by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: Wachovia Leasing Corporation, 301 North Main Street, Winston-Salem, North Carolina 27102. Section 15.5. Section Headings. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. Section 15.6. Entire Agreement. This Agreement, together with the schedules and exhibits hereto constitutes the entire agreement between the parties and this Agreement shall not be modified,amended, altered or changed except by written agreement signed by the parties. Section 15.7, Binding Effect. Subject to the specific provisions of this Agreement, this Agreement is binding on and inures to the benefit of the parties and their respective successors and assigns (including expressly any successor of the Escrow Agent). Section 15.8. Time. Time is of the essence of this Agreement and each and all of its provisions. Section 15.9. Execution in Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. Section 15.10. Interest Limitation. Notwithstanding any other term of this Agreement, the maximum amount of interest which may be charged to or collected from any person liable hereunder by the Bank shall be absolutely limited to, and shall in no event exceed, the maximum amount or interest which could lawfully be charged or collected under applicable law (including, to the extent applicable, the provisions of section 5197 of the Revised Statutes of the United States of America, as amended, 12 U.S,C. §85, as amended), so that the maximum of all amounts constituting interest under applicable law,howsoever computed,shall never exceed as to any Person liable therefor such lawful maximum, and any term of this Agreement which could be construed as providing for interest in excess of such lawful maximum shall be and hereby is made expressly subject to and modified by the provisions of this Section. • 10 I SCHEDULE 3.1 Orange County Installment Purchase Contract — Number Three PRINCIPAL : $ 259,600.00 RATE : 7.00% TERM : 5 years PAYMENT : $ 15,495.84 INSTALLMENT BALANCE BALANCE PAYMENT'S AFTER PAYMENT BEFORE INTEREST PRINCIPAL INSTALLMENT INSTALLMENT PAYMENT DATE PAYMENT DUE COMPONENT PAYMENT PAYMENT NUMBER (END PD.) (BEG. PD.) (END PD.) (END PD.) (END PD.) (END PD.) 1 12/05/94 259,600.00 4,543.00 10,952.84 15,495.84 248,647.16 2 03/05/95 248,647.16 4,351.32 11,144.52 15,495.84 237,502.64 3 06/05/95 237,502.64 4,156.29 11,339.55 15,495,84 226,163.09 4 09/05/95 226,163.09 3,957.85 11,537.99 15,495.84 214,625.10 5 12/05/95 214,625.10 3,755.94 11,739.90 15,495.84 202,885.20 6 03/05/96 202,885.20 3,550.49 11,945.35 15,495.84 190,939.85 7 06/05/96 190,939.85 3,341.44 12,154.40 15,495.84 178,785.45 8 09/05/96 178,785.45 3,128.74 12,367.10 15,495.84 166,418.36 9 12/05/96 166,418.36 2,912.32 12,583.52 15,495.84 153,834.84 10 03/05/97 153,834.84 2,692.11 12,803.73 15,495.84 141,031.10 11 06/05/97 141,031.10 2,468.04 13,027.80 15,495.84 128,003.31 12 09/05/97 128,003.31 2,240.06 13,255.78 15,495.84 114,747.52 13 12/05/97 114,747.52 2,008.08 13,487.76 15,495.84 101,259.76 14 03/05/98 101,259.76 1,772.04 13,723.80 15,495.84 87,535.97 15 06/05/98 87,535.97 1,531.88 13,963.96 15,495.84 73,572.01 16 09/05/98 73,572.01 1,287.51 14,208.33 15,495.84 59,363.67 17 12/05/98 59,363.67 ' 1,038.86 14,456.98 15,495.84 44,906.70 18 03/05/99 44,906.70 785.87 14,709.97 15,495.84 30,196.72 19 06/05/99 30,196.72 528.44 14,967.40 15,495.84 15,229.33 20 08/05/99 15,229.33 266.51 15,229.33 15,495.84 0.00 Totals 50,316.80 259,600,00 309,916.80 SEE NEXT PAGE FOR IMPORTANT FOOTNOTE . 11 SCHEDULE 3.1 Orange County Installment Purchase Contract — Number Three PRINCIPAL : $ 259,600.00 AIPPAkrt. RATE : 7.00% TERM : 5 years PAYMENT : $ 15,495.84 A prepayment of this transaction will be subject to the following prepayment penalty expressed as a percentage of the BALANCE AFTER INSTALLMENT PAYMENT Year 1 3.0000 2 2.0000 3 1.0000 4 0.0000 5 0.0000 12 SCHEDULE 4. 13 COMPENSATION OF ESCROW A GENT The Escrow Agent and the Lessee have agreed that the Escrow Agent shall charge, and the Lessee shall pay, the sum of Zero and 00/100 Dollars ($ 0.00 ) per transaction as compensation to the Escrow Agent for its services under the Lease Purchase Agreement to which the Schedule 4. 13 is attached, p/us all expenses, disbursements and advances made by the Escrow Agent in accordance with Section 4. 13 of such Lease Purchase Agreement. c:I Data l wp\docs\NCI Sche4. 13 13 • SCHEDULE 5.7 Coverage is provided for, Orange County Name of Iraurd of 109 Court St. P.O. Box 8181 Hillsborough NC 27278 Street Ciry State Zip as Named Insured, and Lender its successors and assigns, as loss payee (Loss Payee). Detailed Description and Location of Property Covered See Exhibit "A" (Description of Project) attached to and made a part hereof. Equipment Cost: $259,600.00 Of additional space is needed, attach plain white 81/2 x 11 sheers of paper.) Description of Physical Damage Insurance for Which this certificate Is Issued Policy Number Effective Date Expiration Date Fire and Lighting Extended Coves-age Vandalism Mal. Mis. Other(Specify) Policy Limits-Contents, Only $ % of Co-Insurance Applicable Exclusions(if any)from Coverage Insurance Loss Payable Endorsement The proceeds of the Policy for any loss or damage covered by the Policy as to any insured property in which Loss Payee now has or may hereafter acquire interest of any kind,including a security or lien interest, shall be payable to Loss payee as its interest may appear. The Policy,as to the interest of Loss payee,shall not be invalidated by any act of omission or commission or neglect or misconduct of the Named Insured at any time,nor by any foreclosure or other proceeding or notice of sale relating to the insured property,nor by any change in the title or ownership thereof or the occupation of the premises for purposes more hazardous than are permitted by the Policy,provided,that in case the Named Insured shall fail to pay any premium due under the Policy,Loss Payee shall,on demand,pay such premium. Loss Payee shall notify the Insurer of any change of ownership or occupancy or increase of hazard which shall come to Loss Payee's actual knowledge. The Policy may be cancelled at any time by either Insurer or Named Insured according to its provisions,but in any such case the Policy shall continue in full force and effect for exclusive benefit of Loss Payee for ten days after written notice to Loss Payee of such cancellation and shall then cease. Thc Insurer shall also have the right,upon ten days written notice to Loss Payee,to cancel this Endorsement. If the Named Insured fails to render proof of loss within the time granted in the Policy,Loss Payee may do so in the manner provided in the Policy. If Loss Payee is furnished with a copy of the Policy,Loss Payee shall thereafter be subject to the provisions of the Policy relating to appraisal,time payment and of bringing suit. Whenever the Insurer shall pay Loss Payee any sum for loss or damage under the Policy,and shall claim that,as to the Named Insured,no liability thereof existed,the Insurer shall,to the extent of such payment,be subrogatod to all of the rights of Loss Payee with respect to any collateral security held by Loss Payee,but such right of subrogation shall not impair the right of Loss payee to recover the full amount of its claim. The Insurer,at its option,may pay Loss payee the entire indebtedness due it by the Named Insured and shall thereupon be entitled to receive a full assignment and transfer of the indebtedness and all collateral security therefor. This Certificate and the above Endorsement refer to Policy Number of the (Name mod Address of Insurance Company) issued at this Agency. Dated this day of Audoriud Agent Address 4.7(2/93) 14 SCHEDULE 5.7 Coverage is provided for Orange County Nude of lowed of 109 Court St. P.O. Box 8181 Hillsborough NC 27278 Sum dry Sou Zip It is understood that Lender is named as Additional Insured under said policy, but only with respect to equipment, materials, and/or machinery financed by Lender to the named insured. Location to Which Certificate Applies (Detail Completely) 110 E. King St. Hillsborough, NC 27278 Description of Liability & Property Damage Insurance for Which This Certificate Is Issued Policy Number Effective Date Expiration Date Bodily Injury Property Aggregate Each Person Each Accident Damage Comprehensive General Liability Other(Specify) NOTICE OF CANCELLATION This Policy may be cancelled at any time by either Insurer of Named Insured per its provisions, but in any such case this Policy shall continue in full force and effect, only the benefit of the Additional Insured, for a period of twenty days after notice to Lender of such cancellation and shall then cease, and the Insurer shall have the right, on like notice, to cancel this Endorsement. Iourucc Conlnrry Address By Dale Signature of Agrn Address 4.7(2/93) 15 EXHIBIT A DESCRIPTION OF PROJECT ITEM QUANTITY DESCRIPTION MODEL NUMBER SERIAL NUMBER 1 45 Optical Scan Vote Tabulators w/Ballot Box, Memory Card or Data Pack Necessary for Operation 2 258 High Impact Plastic Voting Stations w/Light 3 42 High Impact Plastic Voting Stations w/Light and Privacy Curtain 4 1 Free Standing System Including Hardware and Software for Ballot Tabulation, Tabulator Programming, Centrally Consolidating Election Returns and Centrally Programming and Counting Absentees for 100 Precints Location: 110 E. King St. Hillsborough, NC 27278 c:\Data\wp\docs\NC\ExhibitA 16 EXHIBIT B FORM OF REQUISITION To: Escrow Agent From: Wachovia Leasing Corporation In accordance with the terms of the Installment Purchase Contract, dated as of , 199_ (the "Agreement"), among Wachovia Leasing Corporation (the "Lender"), Orange County, North Carolina (the "Purchaser") and Wachovia Bank of North Carolina, N.A., as Escrow Agent (the "Escrow Agent") the Purchaser hereby requests the Escrow Agent to pay the following person the following amounts (less any taxes, maintenance, warranty fees, or freight) from the Escrow Fund(Account Number ) created under the Agreement (the "Escrow Fund") for the following purposes: Payee's Name Invoice Number Dollar Amount Purpose and Address The Purchaser hereby certifies that it has conducted such inspection of the Acquisition of the Project(as defined in the Agreement)as it deems necessary and appropriate and hereby acknowledges that it accepts such Acquisition for all purposes and authorizes the Escrow Agent to pay for such Acquisition. The Purchaser further certifies that the use of the Project is essential to its proper, efficient and economic operation; that it anticipates an ongoing need for the Project; that the Project will provide an essential use and permit the Purchaser to carry out public functions that it is authorized by law to perform; that obligations in the amounts stated above have been incurred by the Purchaser and are presently due and payable and have not been paid previously from the Escrow Fund; and that it reasonably believes that funds in an amount sufficient to make all Installment Payments (herein so called and as defined in the Agreement) under the Agreement will be available. Nothing contained in this certificate shall be construed as contractually obligating or otherwise binding the Purchaser, it being expressly stated that any and all obligations by the Purchaser with respect to the Project and the Installment Payments are limited to those expressly set forth in the Agreement. The Purchaser certifies that no Event of Default (as defined in the Agreement), and no event which with notice or lapse of time, or both, would become an Event of Default, has occurred and is continuing on the date hereof. The Purchaser further certifies that it has provided coverage and proof of insurance with respect to the Project and all risks required to be covered thereby pursuant to the provisions of the Agreement. Attached hereto is a contract certificate or an invoice or other evidence relating to the requested disbursement. Orange County Purchaser By: (Date) Wachovia Leasing Corporation By: (Date) C:(Data iwp\docsWC\ExhibitB NON-ARBITRAGE CERTIFICATE AND TAX COVENANTS 17 The undersigned officer of Orange County , North Carolina ("Purchaser") hereby certifies that the following exist or are reasonably expected to occur: Delivery of Installment Purchase Contract 1. The Purchaser will this day deliver the Installment Purchase Contract, Number Three ("Agreement") among the Purchaser, Wachovia Leasing Corporation ("Lender") and Wachovia Bank of North Carolina, N.A., as escrow agent ("Escrow Agent"). Under the Agreement the Lender will advance to the Purchaser certain moneys ("Purchase Price") to be used by the Purchaser to acquire the Project (as defined in the Agreement). The Purchaser will repay the Purchase Price by making Installment Payments (as defined in the Agreement) to the Lender. Proceeds 2. The Lender will deposit the Purchase Price for the Project in the amount of $259,600.00 in an escrow fund ("Escrow Fund") to be held by the Escrow Agent pursuant to the Agreement. Amounts on deposit in the Escrow Fund will be used to pay the costs of acquisition of the Project. It is anticipated that all amounts on deposit in the Escrow Fund will be expended with due diligence to pay the costs of acquisition and installation of the Project and that all such amounts will be expended within three years after the date of this certificate. No Funds 3. Other than the Escrow Fund the Purchaser has not and will not create or establish any sinking fund or similar fund with respect to the Installment Payments, unless the Purchaser obtains an opinion of nationally recognized bond counsel that the creation or establishment of any such fund will not cause the Agreement to be an arbitrage obligation. The undersigned officer covenants on behalf of the Purchaser as follows: No Overissuance 4. The Purchase Price(including any proceeds from the investment thereof), less the costs of issuing the Agreement, will not exceed by more than 5% the amount necessary to pay the cost of the Project. Rebate Requirement 5. The Purchaser agrees to take all steps necessary to cause the requirements of Section 148 (f) of the Internal Revenue Code 1986, as amended ("Code") to be complied with, including but not limited to all reporting and rebate requirements. Other Issues fi. If the Purchaser is required to calculate the "yield" on the Agreement pursuant to Section 148 of the Code, the Purchaser will include any other governmental obligations of the Purchaser which would be treated as part of the same issue under the Code. 18 Private Use Restrictions 7. The Purchaser shall not exceed the private use restrictions set forth in Section 141 of the Code. Specifically, the Purchaser shall not permit more than 10% of the proceeds of the Agreement to be used for Private Business Use (as defined herein)if, in addition, the payment of more than 10% of the Installment Payments is, directly or indirectly, secured by (i) any interest in property used or to be used for a Private Business Use or (ii) any interest in payments in respect of such property or derived from any payment in respect of property or borrowed money used or to be used for a Private Business Use. In addition, in the event that both (A) more than 5% of the proceeds of the Agreement are used as described above with respect to Private Business Use and(B)more than 5% of the Installment Payments is secured by Private Business Use property or payments as described above, then the excess over such 5% ("Excess Private Use Portion") shall be used for a Private Business Use related to the governmental use of the Project. For purposes of this paragraph "Private Business Use" means use directly or indirectly in a trade or business carried on by a natural person, or in any activity carried on by a person other than a natural person, excluding, however, use by a state or local governmental unit and excluding use as a member of the general public. No Federal Guaranty 8. The Purchaser shall not take or permit any action which would cause its obligation under the Agreement to be "federally guaranteed" within the meaning of Section 149(b) of the Code and applicable regulations. Miscellaneous 9. (a) The Purchaser will not take any action or approve the use of proceeds of the Agreement or the taking of any other action which would cause the Agreement to be an arbitrage obligation within the meaning of Section 148 of the Code and applicable Treasury Regulations. (b) To the best of our knowledge, information and belief, the above expectations are reasonable and there are no other facts, estimates or circumstances that would materially change the expectations expressed herein. (c) The Purchaser has not been notified of any listing or proposed listing of it by the Internal Revenue Service as an issuer who may not certify its notes or bonds. (d) The terms used herein have the same meaning as those given them in Section 148 of the Code and the Treasury Regulations issued thereunder by the United States Department of Treasury. This Certificate is being executed and delivered pursuant to Sections 1. 103-13, 1. 103-14 and 1. 103-15 of the Treasury Regulations. The undersigned is an officer of the Purchaser charged with the responsibility of the delivery of the Agreement. Date Signature Title 19 Letter from Counsel Re: INSTALLMENT PURCHASE CONTRACT-NUMBER ONE ("Agreement") by and between Orange County , North Carolina ("Purchaser") and Wachovia Leasing Corporation ("Lender") Gentlemen: The undersigned is the counsel for Orange County , North Carolina. Unless otherwise defined herein, all terms having a defined meaning in the above-described contract shall have the same meaning when used herein. I have reviewed the Agreement and such other documents, records and certificates of Purchaser as I have deemed relevant and am of the opinion that: I. Purchaser is a political subdivision of the State of North Carolina. 2. The execution, delivery and performance by Purchaser of the Agreement has been duly authorized by all necessary action on the part of Purchaser. 3. The Agreement constitutes a legal, valid and binding obligation of Purchaser enforceable in accordance with its terms except as set forth herein. The obligations of Purchaser under the Agreement are subject to the provisions of applicable bankruptcy, insolvency, reorganization, moratorium and similar laws, now or hereafter in effect, relating to or affecting the enforcement of creditors' rights. Such obligations are also subject to usual equitable principles, which may limit the specific enforcement of certain remedies but which do not affect the validity of such documents. 4. To my knowledge, the entering into and performance of the Agreement will not violate any judgment, order, law or regulation applicable to Purchaser or result in any breach of, or constitute a security interest or other encumbrance upon the Project or any assets of Purchaser pursuant to any indenture, mortgage, deed of trust, bank loan, credit agreement or other instrument by which Purchaser is a party or by which it or its assets may be bound. 5. There are no actions, suits or proceedings pending, or, to my knowledge, threatened against or affecting Purchaser in any court or before any governmental commission, board or authority, which, if adversely determined, will have a material, adverse effect on the ability of Purchaser to perform its obligations under the Agreement. 6. No governmental orders, permissions, consents, approvals or authorizations are required to be obtained and no registrations or declarations are required to be filed in connection with the execution and delivery of the Agreement or the acquisition of the Project. 7. The Agreement does not violate the usury statutes of the State of North Carolina. 20 The opinion expressed herein may be relied upon by Lender, Lender's special tax counsel, and any subsequent assignee of Lender's interest in the Agreement. Very truly yours, Title Date c:IDatalwpldocslNC1CounNC 21 Form Information Return for Tax-Exempt Governmental Obligations ■ Under Internal Revenue Code section 149(e) OMB No. 1545-0720 (Rev. May 1993) ■ see separate Instructions. Department of the Treasury (Use Form 8038-GC if the issue price is under$100,000.) Infernal Revenue Sernco . Reporting Authority If Amended Return, check here 0- ❑ 1 Issuer's name 2 Issuer's employer identification number Orange County 56 6000327 3 Number arid street (or P.O. box if mail is not delivered to street address) Room/suite 4 Report number 109 Court St. P.O. Box 8181 G19 94 - k/ 5 City, town, slate, and ZIP code . 6 Date of issue Hillsborough, NC 27278 • . 9/8/94 . j I {I Min Type of Issue (check applicable boxes) and enter the issue price) Issue price 9 ❑ Education (attach schedule—see instructions) $ 10 ❑ Health and hospital (attach schedule—see instructions) 11 ❑ Transportation 12 ❑ Public safety . 13 ❑ Environment (including sewage bonds) 14 ❑ Housing 15 ❑ Utilities 16 Other. Describe (see Instructions) 0- Various Voting Equipment - 17 11 obligations are tax or other revenue anticipation bonds, check box 0- Ill //// 18 If obligations are in the form of a lease or installment sale, check box I- ® �/� Min Description of Obligations (al fbl (c) (d) (e) 18 (9) Maturity ale Interest rate Issue price Staled redemption Weighted Yield Net interest Y price al maturity average mattuuurriitty���//�//�� ��� coostt 19 Final maturity. % r ����////////!//////���//1"�// 20 Entire issue . / /J////////�/y/f �/ 7.00 % 7.00 Part IV. Uses of Original Proceeds of Bond Issue (including underwriters' discount) 21 Proceeds used for accrued interest 21 N/A 22 Issue price of entire issue (enter amount from line 20, column (c)) 22 N/A 23 Proceeds used for bond issuance costs (including underwriters' discount) , 23 N/A 24 Proceeds used for credit enhancement 24 N/A 25 Proceeds allocated to reasonably required reserve or replacement fund , 25 N/A 26 Proceeds used to refund prior issues 26 N/A //A 27 Total (add lines 23 through 26) 27 N/A 28 Nonrefunding proceeds of the issue (subtract line 27 from line 22 and enter amount here). . 28 N/A Ezma Description of Refunded Bonds (complete this part only for refunding bonds) 29 Enter the remaining weighted average maturity of the bonds to be refunded . years 30 Enter the last date on which the refunded bonds will be called 0- 31 Enter the date(s) the refunded bonds were issued 0- Miscellaneous • 32 Enter the amount of the state volume cap allocated to the issue 33 Enter the amount of the bonds designated by the issuer under section 265(b)(3)(B)(i)(III) (small issuer exception) 0- 259,600'00 34 Pooled financings: a Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units I► b If this issue is a loan made from the proceeds of another tax-exempt issue, check box r ❑ and enter the name of the issuer 0- and the date of the issue P 35 If the issuer has elected to pay a penalty in lieu of rebate, check box 0- ❑ Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements,and Io the best of my knowledge and betel,they are true,correct,and complete. Please Sign . Here ' eSignalure of officer Date 1/' Type or print name and title For Paperwork Reduction Act Notice, see page 1 of the Instructions. Cat.No. 63773S Form 8038-G (Rev.5-93) 'U.S.r,overnmant Priming 011lce: 1993—1,134734/130150 22 i ) REORDER FROM Registre, Inc. NORTH CAROLINA 514 PIERCE ST. UNIFORM COMMERCIAL CODE—FINANCING STATEMENT UCC-1 ' P.O.80X 218 ANOKA.MN.55303 (READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM) (612)421.1713 This FINANCING STATEMENT is presented-to a Filing Officer for- No.of Additional filing pursuant to the Uniform Commercial Code. Sheets Presented: (1) Debtor(s) (Last Name First) and Address(es): (2) Secured Party(ies) (Name(s) And Address(es): (Please Type) Orange County Wachovia Leasing Corporation 109 Court St., P.O. Box 8181 • 301 N. Main St. Hillsborough, NC 27278 Winston-Salem, NC 27150 #3 (3) (a) ❑Collateral is or includes fixtures. (4) Assignee(s) of Secured Party, Address(es): (b)❑Timber,Minerals or Accounts Subject to G.S. 25-9-103(5),.are covered (c) ❑Crops Are-Growing Or To Be Grown* For On Real Property Described In Section (5). f either block 3(a)or block 3 (b)applies describe real Filing -state,Including record owner(s) in section (5), Officer (5) This Financing Statement Covers the Following types [or items] of property. See Exhibit "A" (Description of Project) attached to and made a part herof. Location: 110 E. King St. Hillsborough, NC 27278 3 Products of the Collateral Are Also Covered. annot be Filedrun unless County i C s named.)Debtor Resides in ( 6) Signatures: Debtor(s) Secured Party(ies) [or Assignees] Orarlc� Camty Wactiovia Leasing Corporation (By) By Signature of Secured Party Permitted in Lieu of Debtor's Signature: Standard Form Approved by N.C.Sec. of State (1) Collateral is subject to Security Interest In Another Jurisdiction and Revised 1 1-90 ❑Collateral Is Brought Into This State ❑Debtor's Location Changed To This State (1)Filing Officer Copy-Numerical (2) For Other Situations See: G.S. 25-9-402 (2) UCC-1 23 EXHIBIT A DESCRIPTION OF PROJECT ITEM QUANTITY DESCRIPTION MODEL NUMBER SERIAL NUMBER 1 45 Optical Scan Vote Tabulators w/Ballot Box, Memory Card or Data Pack Necessary for Operation 2 258 High Impact Plastic Voting Stations w/Light 3 42 High Impact Plastic Voting Stations w/Light and Privacy Curtain 4 1 Free Standing System Including Hardware and Software for Ballot Tabulation, Tabulator Programming, Centrally Consolidating Election Returns and Centrally Programming and Counting Absentees for 100 Precints Location: 110 E. King St. Hillsborough, NC 27278 c:\Data\wp\docs\NC\ExhibitA 2120/50211 MIIOM NORTH CAROLINA OV:0L 24 Regi•tre, Ina. 514(NOME ST. UNIFORM COMMERCIAL CODE—FINANCING STATEMENT UCC-1 P.O.90 X 2111 ANOKA,MN.55303 (READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM) (612)421.1713 This FINANCING STATEMENT is presented to a Filing Officer for No,of Additional filing pursuant to the Uniform Commercial Code. sheets Presented: 1) Debtor(s) (Last Name First)and Address(es): (2) Secured Party(ies) (Name(:) And Address(es): (Please Type) Orange County Wachovia Leasing Corporation 109 Court St., P.O. Box 8181 301 N. Main St. Hillsborough, NC 27278 - Winston=Salem,`NC' 27150 F #3 :, - • (3) (a) ❑Collateral is or includes fixtures. (4) Assignee(s) of Secured Party, Address(es): (b)❑Timber,Minerals or Accounts Subject o G.S.25-9-103(5) are covered (c) ❑Crops Are Growing Or To Be Grown* For Jn Real Property Described In Section (5). Filing f either block 3(a)or block 3 (b)applies describe real Officer :state, including record Owner(s) in section (5). 5) This Financing Statement Covers the Following types [or items] of property. See Exhibit "A" (Description of Project) attached to and made a part herof. • Location: 110 E. King St. Hillsborough, NC 27278 *On Farm Collateral Filing, Name County Debtor Resides in Products of the Collateral Are Also Covered. (Cannot be Filed unless County is named.) 3) Signatures: Debtor(s) Secured Party(ies) [or Assignees] Wachovia Leasing Corporation Orange County (By) Signature of Secured Party Permitted in Lieu of Debtor's Signature: Standard Form Approved by N.C.Sec. of State (1) Collateral is subject to Security Interest In Another Jurisdiction and El Revised 11-90 0 Collateral Is Brought Into This State ❑Debtor's Location Changed To This State (1)Fmng officer Copy Numerical (2) For Other Situations See: G.S. 25-9-402 (2) UGC-1 ) 25 EXHIBIT A DESCRIPTION OF PROJECT • ITEM QUANTITY DESCRIPTION MODEL NUMBER SERIAL NUMBER 1 45 Optical Scan Vote Tabulators w/Ballot Box, Memory Card or Data Pack Necessary for Operation 2 258 High Impact Plastic Voting Stations w/Light 3 42 High Impact Plastic Voting Stations w/Light and Privacy Curtain 4 1 Free Standing System Including Hardware and Software for Ballot Tabulation, Tabulator Programming, Centrally Consolidating Election Returns and Centrally Programming and Counting Absentees for 100 Precints Location: 110 E. King St. Hillsborough, NC 27278 c:\Data\wp\docs\NC\ExhibitA 26 Governing Body,Resolution The ("Governing Body") of Orange County, North Carolina ("Purchaser") has determined that it is necessary for the Purchaser to acquire and install certain personal property ("Project")for the Purchaser and to obtain financing for the Project through an installment purchase transaction; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY: 1. Authorization of Financing. The Governing Body determines that the financing of the acquisition and installation of the Project pursuant to the terms of Installment Purchase Contract-Number Three ("Agreement")providing for the installment purchase of the Project by the Purchaser from Wachovia Leasing Corporation is in the best interest of the Purchaser and such installment purchase financing is authorized. 2. Designation. The Governing Body designates the obligations of the Purchaser to make payments under the Agreement as non-qualified, tax-exempt, tax-exempt obligation; in accordance with the provisions of Section 265 (b) (3) (ii) of the Internal Revenue Code of 1986, as amended. 3. Further Actions. The Governing Body authorizes Name the to execute and deliver the Agreement and any and all Title other documents, instruments, opinions, and certificates necessary to carry out the purposes of this Resolution and all such action previously taken is ratified and confirmed. 4. Effective Date. This resolution shall take effect immediately. Adopted: (SEAL) Clerk, Governing Body Orange County, North Carolina c:idatalwpidocsincinbggbr 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. V ,-c„ ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: C.A.T. Agreement Addendum DEPARTMENT: Aging PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Addendum Form Jerry M. Passmore, ext. 2009 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To request approval to amend the Coordinated Area Transportation (C.A.T. ) Driver Assignment agreement between Orange County and Wake Opportunities, Inc. to increase Head Start transportation from four to five days a week and to increase the assigned drivers' hours accordingly. BACKGROUND: Wake Opportunities, Inc. operates the Head Start program located in the Northern Human Services Center. Since September, 1992 C.A.T. has provided transportation to this four day-per-week program. Wake Opportunities has received funding to increase all of its Head Start programs to five days per week. This will necessitate providing transportation for the additional day. The C.A.T. drivers assigned to the Head Start routes are permanent County employees who currently work 30 and 35 hours per week. Their hours would need to be increased to 34 and 39 hours respectively. Wake Opportunities would reimburse the County for the additional personnel and vehicle expense incurred in providing the fifth day of service. RECOMMENDATION(S) : The Manager recommends approval and Chair to sign C.A.T. Agreement Addendum with Wake Opportunities, Inc. to increase Head Start transportation to five days per week. 2 ORANGE COUNTY C.A.T. DRIVER AGREEMENT ADDENDUM This addendum to the agreement between the County of Orange on behalf of the Department on Aging and Wake Opportunities, Inc. amends the original agreement as follows: SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide three certified drivers for Northern Orange routes Monday through Friday for daily pick-up and take- home of clients between the hours of 7:00-8:45 am and 2: 15-4: 15 pm. All other terms and conditions of the original agreement will remain the same. County of Orange Wake Opportunities, Inc. By: By: Chair or Designated Chair or Designated Official Official Date: Date: /OF ORANGE COUNTY C.A.T. DRIVER AGREEMENT ADDENDUM This addendum to the agreement between the County of Orange on behalf of the Department on Aging and Wake Opportunities, Inc. amends the original agreement as follows: SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1 . To provide three certified drivers for Northern Orange routes Monday through Friday for daily pick-up and take- home of clients between the hours of 7 : 00-8 :45 am and 2 : 15-4 : 15 pm. All other terms and conditions of the original agreement will remain the same. County of Orange, Wake Opportunities, Inc. k By fr, By:14211/.. Chair or Designated Chair r Designated Official Official Date: 101 ( elticr/ Date: /0 L _r i"_ 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No V.rir-D ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Establish Public Hearing Date for Culbreth Park Interim Assistance Grant Program DEPARTMENT: Housing/CD PUBLIC HEARING YES NO x _ _ ATTACHMENT(S) : INFORMATION CONTACT Tara L. Fikes x2490 TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To establish a public hearing date to receive citizen comments prior to official closeout of the Culbreth Park Interim Assistance (CDBG) Program. BACKGROUND: All project activities in the Culbreth Park subdivision have been completed. In order to complete the grant closeout process, the N.C. Department of Commerce requires that a public hearing be held prior to official closeout of the CDBG Program to assess the performance of the County and non-profit corporation - Culbreth Park Community Development Corporation - in administering the grant program. Therefore, the Housing and Community Development Staff is requesting that October 18, 1994 be established as the public hearing date to receive citizen comments prior to grant closeout. Notices will be published in the appropriate news media. RECOMMENDATION: The Manager recommends that the Board establish October 18, 1994 as the public hearing date to receive citizen comments prior to official closeout of the Culbreth Park Interim Assistance (CDBG) Program. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item # V. -E ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Land Records Management Grant DEPARTMENT: Land Records/GIS PUBLIC HEARING: YES A NO ATTACHMENT(S) : INFORMATION CONTACT: 9/1/94 Letter from Secretary Roscoe Reeve, Ext 2501 of State State and County Agreement TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To accept a $5,000 Land Records Management Grant from the State of North Carolina. BACKGROUND: At the June 28, 1994 meeting, the Board of Commissioners authorized the submission of a Land Records Management Grant proposal to the Secretary of State' s office. Orange County applied for state funds amounting to $62,000. The County has received notice that a grant amounting to $5,000 in state funds has been awarded. Only $349,935 was available for distribution against grant applications totaling over $2.490 million. The grant funds are to be applied to the County' s GIS project, and are matched by County funds already included in the project budget. RECOMMENDATION(S) : The Manager recommends that the Board accept the grant and authorize the Chair to sign the agreement subject to final review by the County Attorney. STATE- 2 State of North Carolina Department of the Secretary of State RUFUS L EDMISTEN SECRETARY OF STATE September 1, 1994 RICHARD N.CARLTON CHIEF DEPUTY SECRETARY OF STATE Received Mr. John M. Link, Jr. Orange County Manager SEP 011994 P.O. Box 8181 Hillsborough, North Carolina 2727 Managers Office Dear Mr. Link: I am pleased to announce that Orange County has been awarded a matching grant of $5, 000 . 00 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 53 counties requesting grants amounting to over $2 , 490, 000 . 00 against only $349, 935 . 00 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 $349, 935 . 00 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 $13 , 000 . 00 per county and a "floor" of $2, 500 . 00 or 50% of the project cost, whichever was less . Attached 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 Phillip L. Stanley, Director, N. C. Land Records Management Division, P.O. Box 27687, Raleigh, North Carolina 27611, your decision to accept this grant will be formally recorded. Agreements not signed and returned by November 1, 1994 will be deemed to have been declined. 300 N. SALISBURY STREET, RALEIGH, N.C. 27803-5909 3 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 . We hope that the grant funds will help you to continue the excellent program which your county has undertaken. Sin.- e y, // AO' . / Rufus L. Edmisten RLE/clm At 1 4 Contract No. 95-34 Page 1 of 6 NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this day of , 1994 by and between the North Carolina Department of the Secretary of State (hereinafter called the "Department") and the County of Orange (hereinafter called the "County") . WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the Department 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 July 8, 1994, prepared and submitted by the County, has been determined by the Department to qualify the County for a grant award; and WHEREAS, the Secretary of State has awarded Land Records Management Grant No. 95-34 in the amount of $5, 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 Department 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. 95-34. 2. General Responsibilities of the County. The County shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by the Department, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of the Department, 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 the Department 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 $5, 000. It is expressly understood that the County will match this State award with an expenditure of at least $5,000 of local tax revenues applied exclusively to the work covered by this Agreement. 5 Contract No. 95-34 Page 2 of 6 4. Obligation of Grant Funds. Grant funds may not be obligated by the County prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be satisfied by the County 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, 1994 - June 30, 1996. 5. Changes or Extension of Document. The County or the Department 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. 6. Termination of Agreement for Convenience. Either the Department 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 Department 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, age, 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, age, sex or national origin. 9. Interest of Department Members and Others. No employee of the Department, 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 or indirectly involved; or (b) have any personal or pecuniary interest, Contract No. 95-34 6 Page 3 of 6 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 Department or the Department of State Auditor may deem necessary, the County shall make available to the Department or representatives of the Department of State Auditor for examination all of its records with respect to all 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 following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to the Department upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Department quarterly progress reports, due in the Department no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Department upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation. The Department shall pay to the County an amount not to exceed $5, 000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agreed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc. , for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, as in any way 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 Department that the services identified in Attachment A have been satisfactorily completed, 7 Contract No. 95-34 Page 4 of 6 the Department 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 under Paragraph 13. The County shall be paid in a lump sum or as progress payments by the Department, and the frequency of payment shall be determined by the Department. 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 and approval of the Department. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services 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 Department: (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 specified by the County's contract are to be completed, as well as the cost for each deliverable item. The County shall ensure that (a) the standards established by the Department are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Department and the County 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. 19. Availability of Public Records. All information, data, documents, maps, electronic data-processing records, magnetic or other tapes, or other documentary material, regardless of physical form or characteristics made, developed, or produced by or for the County as part of. the Work Program appended hereto as Attachment A shall be considered as a "public record" or "public records" and shall be subject to Chapter 132 of the North Carolina General Statutes. Any state agency or representative of a state agency shall have access to the public records made, produced, or developed as a part of the Work Program and can receive copies of the public records at a reasonable cost for reproduction purposes. 8 Contract No. 95-34 Page 5 of 6 "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 the Secretary of State 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: to continue a comprehensive mapping program and to purchase computer mapping hardware. 9 Contract No. 95-34 Page 6 of 6 IN WITNESS WHEREOF, the Department and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF THE SECRETARY OF STATE BY BY RUFUS L. EDMISTEN ,TITLE Secretary of State ATTEST: ORANGE COUNTY BY BY Chairman of the Board of County TITLE Commissioners- //A- (/*/ Contract No. 95-34 Page 1 of 6 V / 11- L NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this day of , 1994 by and between the North Carolina Department of the Secretary of State (hereinafter called the "Department") and the County of Orange (hereinafter called the "County") . WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the Department 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 July 8, 1994, prepared and submitted by the County, has been determined by the Department to qualify the County for a grant award; and WHEREAS, the Secretary of State has awarded Land Records Management Grant No. 95-34 in the amount of $5, 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 Department 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. 95-34. 2. General Responsibilities of the County. The County shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by the Department, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of the Department, 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 the Department 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 $5, 000. It is expressly understood that the County will match this State award with an expenditure of at least $5, 000 of local tax revenues applied exclusively to the work covered by this Agreement. Contract No. 95-34 Page 2 of 6 4. Obligation of Grant Funds. Grant funds may not be obligated by the County prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be satisfied by the County 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, 1994 - June 30, 1996. 5. Changes or Extension of Document. The County or the Department 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. 6. Termination of Agreement for Convenience. Either the Department 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 Department 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, age, 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, age, sex or national origin. 9. Interest of Department Members and Others. No employee of the Department, 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 or indirectly involved; or (b) have any personal or pecuniary interest, Contract No. 95-34 Page 3 of 6 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 Department or the Department of State Auditor may deem necessary, the County shall make available to the Department or representatives of the Department of State Auditor for examination all of its records with respect to all 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 following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to the Department upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Department quarterly progress reports, due in the Department no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Department upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 14. Compensation. The Department shall pay to the County an amount not to exceed $5, 000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agreed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc. , for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, as in any way 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 Department that the services identified in Attachment A have been satisfactorily completed, Contract No. 95-34 Page 4 of 6 the Department 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 under Paragraph 13 . The County shall be paid in a lump sum or as progress payments by the Department, and the frequency of payment shall be determined by the Department. 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 and approval of the Department. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services 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 Department: (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 specified by the County's contract are to be completed, as well as the cost for each deliverable item. The County shall ensure that (a) the standards established by the Department are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Department and the County 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. 19. Availability of Public Records. All information, data, documents, maps, electronic data-processing records, magnetic or other tapes, or other documentary material, regardless of physical form or characteristics made, developed, or produced by or for the County as part of the Work Program appended hereto as Attachment A shall be considered as a "public record" or "public records" and shall be subject to Chapter 132 of the North Carolina General Statutes. Any state agency or representative of a state agency shall have access to the public records made, produced, or developed as a part of the Work Program and can receive copies of the public records at a reasonable cost for reproduction purposes. Contract No. 95-34 Page 5 of 6 "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 the Secretary of State 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: to continue a comprehensive mapping program and to purchase computer mapping hardware. Contract No. 95-34 Page 6 of 6 IN WITNESS WHEREOF, the Department and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF THE SECRETAR Or .TATE • BY atj . INIV I tk, R ' S L EDMISTEN TITLE 4 . VP ' # Secretary of State ATTEST: BY COUNTY /, BY I A "AU, // Ir airman of the Board of ...nty TITLE Dap4t, ("jetA Commissioners ORANGE COUNTY 1 BOARD OF COMMISSIONERS Action Agenda Item No. V -F ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 20, 1994 SUBJECT: REALIGNMENT OF STAFF HOURS IN THE COUNTY COMMISSIONERS' OFFICE DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : NO INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968-5401 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To consider changing the hours of the two Assistant to the Clerk positions in the County Commissioners' office. BACKGROUND: Currently there are two permanent part-time Assistant to the Clerk positions in the Commissioners' office. One is regularly scheduled for 24 hours per week and the other is regularly scheduled for 25 hours per week. In addition, there is a temporary office support position working 20 hours per week. Over the past several months, the Clerk to the Board has completed a review of the functions and staffing of the Commissioners' office. Based on the Clerk's review of the functional needs of the office, it is proposed that: o One Assistant to the Clerk position be increased from 24 to 40 hours per week o One Assistant to the Clerk position be reduced from 25 to 20 hours per week o the temporary office support hours be eliminated at this time As a result the Full Time Equivalent of one position would increase from . 6 to one and the other position would decrease from . 63 to . 5. The main objective of this change is to provide greater stability in staff coverage by using permanent position hours rather than temporary position hours. The increased hours will be used to cover the functions that have been performed by the temporary staff and provide for afternoon receptionist coverage for the Government Services Center to assist in disseminating information to the public and directing visitors to County offices. This staff realignment does not result in any additional cost and can be accomplished within the approved 1994-95 Commissioners' office budget. RECOMMENDATION(S) : The Manager recommends that the Board of Commissioners approve (1) reducing the hours for one Assistant to the Clerk position in the Clerk's office from 25 to 20 hours and (2) increasing the hours for the other position from 24 to 40 effective October 10, 1994 . 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. WA -Cr ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 20, 1994 SUBJECT: CHANGE IN MEETING TIME FOR THE ASSEMBLY OF GOVERNMENTS MEETING DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : YES - NOTICE INFORMATION CONTACT: MOSES CAREY TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968-5401 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To change the time of the Assembly of Governments meeting scheduled for September 29, 1994. BACKGROUND: The Assembly of Governments meeting has been approved for September 29, 1994 at 7 : 30 p.m. It is recommended that the time be changed to 6: 00 p.m. for a light supper with the meeting starting at 6: 30 p.m. RECOMMENDATION(S) : Approve changing the meeting time for the Assembly of Governments meeting to 6: 00 p.m. on September 29 at the Homestead Community Center in Chapel Hill. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda , Item No jacC44 ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20 , 1994 SUBJECT: Appointments DEPARTMENT Board of Commissioners PUBLIC HEARING YES NO _X_ ATTACHMENT(S) : INFORMATION CONTACT Clerk' s Office, ext . 2130 UNDER SEPARATE COVER TELEPHONE NUMBER Hillsborough 732-8181 Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: The attached recommendations are being presented to the Board of Commissioners for their consideration. BACKGROUND: Human Relations Commission Commission For Women Chapel Hill/Orange County Visitor's Bureau RECOMMENDATION: Remove from the Consent Agenda those appointments requiring further discussion and place under Item XI . Approve all appointments not removed from the Consent Agenda. 4 1 The Board approved reducing the hours for one Assistant 2 to the Clerk position in the Clerk's office from 25 to 20 hours and 3 increasing the hours for the other position from 24 to 40 effective 4 October 10, 1994. 5 6 G. CHANGE IN MEETING TIME FOR THE ASSEMBLY OF GOVERNMENTS 7 MEETING 8 The Board approved changing the meeting time for the 9 Assembly of Governments meeting to 6:00 p.m. on September 29 at the 10 Homestead Community Center in Chapel Hill. 11 12 H. APPOINTMENTS 13 The Board approved the following appointments: 14 HUMAN RELATIONS COMMISSION 15 Leo Allison for a partial term ending 12/31/95. 16 Emilie Condon for a partial term ending 12/31/95. 17 CHAPEL HILL/ORANGE COUNTY VISITOR'S BUREAU 18 Raymond Strunk, Jr. , for a partial term ending 19 12/31/95. 20 COMMISSION FOR WOMEN 21 S Cindy McMahon for a partial term ending 12/31/95. 22 23 I. MINUTES 24 The Board approved the minutes for the August 22, 1994 as 25 corrected. 26 VOTE ON CONSENT AGENDA: UNANIMOUS 27 28 IX. ITEMS FOR DECISION - REGULAR AGENDA 29 A. CABLE TV FRANCHISE RENEWAL PROCESS AND CABLE TV SURVEY 30 This item was presented by Bob Gwyn, Chair of the Cable 31 TV Advisory Commission, for the purpose of receiving approval for the 32 Cable TV Franchise Renewal Process and presenting the Cable TV Survey 33 results. Mr. Gwyn mentioned that Orange County has two cable 34 companies. Cablevision serves over 5500 homes in the Chapel Hill 35 area. CVI serves approximately 300 homes in Carrboro, Hillsborough 36 and Orange County. He said that people are passionate about TV and 37 about their cable service and that some people have a great tolerance 38 for inefficiency while others have a very low tolerance. Both of 39 these issue are reflected in the survey results. Out of 3000 surveys 40 mailed, over 30% were returned which is a very good rate of return. 41 Many citizens were satisfied, however, those who were not satisfied 42 were very dissatisfied. Several issues to be discussed with the 43 cable companies resulting from the survey results are (1) reasons why 44 are there neighborhoods which are only partly served, (2) customers 45 dissatisfaction with the cable box and (3) technical problems. 46 Approximately 68% of the respondents requested that County 47 Commissioners meetings be televised. 48 49 Commissioner Gordon requested further updating on the negotiating 50 process for the cable boxes. Albert Kittrell will supply additional 51 information as it becomes available. 52 53 Mr. Gwyn reported that the small satellite dishes being advertised 54 on TV are currently being marketed in Orange County. He indicated 55 that the disadvantage to Orange County and for public policy is that 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. W-.1: ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 20, 1994 SUBJECT: MINUTES DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE INFORMATION CONTACT: BEVERLY BLYTHE COVER EXT. 2130 TELEPHONE NUMBER - Hillsborough - 732-8181 Chapel Hill - 968-5401 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To correct and approve the minutes as submitted for consideration by the Clerk to the Board. August 22, 1994 - Quarterly Public Hearing 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(S) : Remove from the Consent Agenda those minutes requiring further discussion and place under item XII. Approve all minutes not removed from the Consent Agenda. PhP: 9/-2-o/, Adopted 8/17/93 Amended 10/4/93 Draft Revision 9/15/94 HILLSBOROUGH COOPERATIVE PLANNING GOAL: IMPLEMENT THE ORANGE COUNTY-HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT, INCLUDING THE PREPARATION OF A LAND USE PLAN AND IMPLEMENTING ORDINANCES FOR THE COOPERATIVE PLANNING ZONE STATUS REPORT This initiative represents,the continuation of an objective included among the Commissioners' goals for FY 1992-93. The revised Plan of Action reflects the on-going discussion between the Hillsborough and Orange County governing boards of important issues which have a bearing on completion of this goal.A small area planning initiative has been undertaken resulting from the potential annexation of the University Station project by Hillsborough. Another small..area planning project has been initiated; e.g., the I-40/Old N.C.:86 Work Group, and has been addreessed under a separate "Economic Development District" goal. Likewise, initiation of an additional project;e.g., the I-85/N.C.Highway 86 Economic Development District,has been included under the same goal statement. The Town of Hillsborough will be contacted to determine its interest in continuing the Cooperative Planning Agreement,including the preparation of a Land Use Plan for the affected.area.Orange County will initiate a small area plan for the Stoney Creek drainage basin which extends from the proposed I-40/01d N.C.86 Economic Development District eastwardly to U.S.Highway 70. • BACKGROUND & OBJECTIVES This objective involves the implementation of the Orange County-Hillsborough Cooperative Planning Agreement signed by both jurisdictions in October of 1991. The objective specifically involves the preparation of a Land Use Plan and implementing ordinances for the Cooperative Planning Area. • RESOURCE REQUIREMENTS Preparation of the Cooperative Land Use Plan and implementing ordinances will involve the following commitment of staff resources: Planning Director Planner III/Comprehensive Planning Supervisor Planner II/Land Use & Environment Planner II/Transportation Planning Intern Planner III/Current Planning Supervisor Staff will compile data from time sheets concerning staff hours expended and costs associated with completion of this goal. Monthly reports will be distributed to County Manager,Agricultural Districts Advisory Board,Planning Board, and Board of Commissioners outlining monthly/cumulative staff hours and costs assigned to this project. 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F PI F N. i O I. 09 bn LI 4 F F O vg 0 l.) a o o ° r o,.t G o aa) a. a o °.P IA E2 � o a A a .0 za a Adopted 8/17/93 Amended 10/4/93 Draft Revision 9/15/94 RURAL CHARACTER STUDY GOAL: PREPARE/RESOLVE STRATEGIES AND ORDINANCES TO PRESERVE RURAL CHARACTER STATUS REPORT This initiative represents the continuation of an objective included among the Commissioners' goals for.PY 1992-93. Objective 2, the development of conceptual guidelines for'rurat Orange County outside the Joint Planning Area,will be completed by the end of calendar year.1994 Objective:!1, the adoption of the Rural'Buffer Conceptual Guidelines,has been awaiting the. approval of the Wastewater Treatment.Management Program. With program approval also possible by.the end of calendar year 1994, completion of Objective 1 also appears:likely. However, given;jthat almost four years have passed since the public hearing on the. Conceptual Guidelines,and given that governing board membership has changed in that .period,;the.revised Plan of Action proposes an Assembly of Governments meeting to review the proposals and determine a future course of action. The;Plan of Action,for Objective 3,.the preparation of a design guidebook and implementing ordinances/plan;amendments, has been:revised.It reflects the proposed involvement of< Randall Arendt::and:the Natural Lands Trust:in.the preparation of the design guidebook with: funding;`v holly or:partially provided through the:.Mbemarle-Pamlicoi Estuarine Study.'! BACKGROUND & OBJECTIVES On August 17, 1993, the Board of Commissioners adopted the Rural Character Study goal which included the objectives listed below. The goal was amended on October 4, 1993 to insure consistency with the adopted Watershed Protection goal. Objective 1 Pursue mutual adoption,by Orange County,Chapel Hill,and Carrboro,of Options A[2-Acre Lots],B[5-Acre Lots], and C [1-Acre Clusters] of the Rural Buffer Conceptual Guidelines. Objective 2 This objective involves the development of conceptual guidelines for the remainder of Orange County. Actions taken since June of 1990 and related to the completion of this objective are shown on the following Plan of Action. Objective 3 Upon approval of the strategies and development options by the Board of Commissioners, the next step in the Rural Character Study was to have staff prepare a design guidebook and implementing ordinances/plan amendments.In lieu of this approach,an alternative approach for accomplishing the goal has been developed.The proposal is provided as an attachment. Steps taken to determine the feasibility of the proposal have been incorporated into the Plan of Action. The product would be a design guidebook illustrating"how to"apply the adopted strategies.Case study sites would be selected, and the strategies applied to show how open space can be preserved and development occur. Draft implementation ordinances and Land Use Plan amendments would also be prepared. A Plan of Action for each objective is presented on the accompanying pages. RESOURCE REQUIREMENTS Completion of Objectives 1-3 will involve the following commitment of staff resources: Planning Director Planner II/Land Use & Environment Planner II/Landscape Architect Planner I/GIS County Engineer Planning Interns Staff will compile data from time sheets concerning staff hours expended and costs associated with completion of this objective. Monthly reports will be distributed to County Manager, Planning Board, and Board of Commissioners outlining monthly/cumulative staff hours and costs assigned to this project. ATTACHMENT TO OBJECTIVE 3 OF RURAL CHARACTER STUDY GOAL A PROPOSAL TO THE N.C. DEPARTMENT OF ENVIRONMENT, HEALTH,AND NATURAL RESOURCES FOR ASSISTANCE IN THE PREPARATION OF DESIGN GUIDELINES FOR OPEN SPACE DEVELOPMENTS NOTE: The proposal has been revised to reflect discussions with the N.C. Department of Environment, Health, and Natural Resources as well as the N.C.Association of County Commissioners and the Natural Lands Trust. Revisions as a result of the discussions are highlighted in Male text. INTRODUCTION Since June, 1987, Orange County, through its Rural Character Study Committee, has been working to develop strategies which would allow development to occur in rural portions of the county while preserving significant farm and forest land, natural areas, wildlife corridors, wetlands, scenic vistas, and historic sites. The Study Committee concluded its work by presenting a set of draft strategies to the Board of Commissioners at public hearing in December, 1992. The strategies are modeled on the work of Randall Arendt of the Natural Lands Trust, formerly with the Center for Rural Massachusetts. Mr. Arendt is nationally known for his promotion of cluster development design to preserve open space of all types.A final set of strategies is to be presented to Orange County's seven Township Advisory Councils this winter.A decision on adoption of the strategies by the Board of Commissioners is scheduled for March, 1994. Recently, the Board of Commissioners adopted a resolution supporting the goals and objectives of the Comprehensive Conservation&Management Plan(CCMP) of the Albemarle-Pamlico Estuarine Study.During the course of reviewing the CCMP, the Orange County staff was struck by the consistency between the goals and objectives of the CCMP and the adopted goals of the Board of Commissioners, particularly the promotion of local and regional planning that protects the environment and allows for economic growth. Orange County's current initiatives in areas of farmland preservation,watershed protection,rural character/natural areas preservation,and economic development are evidence of that consistency. Subsequent to the adoption of the resolution of support, the Orange County Planning Director was asked by Randall Arendt to review and comment on his first draft of an open space development design guidebook prepared for the Sussex County, Delaware Conservation District. Sussex County encompasses nearly half of the small state as well as the majority of Delaware's farmland, woodlands, natural areas, beaches, dunes, and tidal estuaries. From the review of the design guidebook emerged the proposal outlined below. PROPOSAL Simply stated, this proposal suggests that the Natural Lands Trust; e.g., Randall Arendt, be employed to prepare d i k for open space development s ng;fi e i oui es ':: ;stu :i s, one a headwaters or inland county such as Orange County,410.400fai representing coastal or tidewater counties such ' County. Thciwoititilogoo thus prepared would serve as a model for the other 34 counties in promoting local planning which protects the environment yet allows for economic growth. The design guidebook would be organized similar to the Sussex County study: - Purpose of the Handbook - `e s ti t :An Inventory - Conventional vs.Open Space Designs: Comparisons & Contrasts -Advantages of Open Space Design Economic Environmental and Ecological Social and Recreational - Roles and Responsibilities of Various Parties Land Owners Developers Realtors Site Designers Planning Staffs and Commissions Governing Boards State and Federal Agencies Conservation Organizations - Designing Open Space Developments Locational Context Mapping Significant Features Integrating Information Layers Prioritizing Objectives Design Stage - Creating An Open Space Network Area-wide Maps of Conservation and Development - Open Space Designs!O ' 'S udy Cou ti' - Model Ordinance Provisions - Management Techniques Conservation Easements Homeowners Associations Management Plans Liability and Tax Issues The approach addresses many of the goals and objectives contained in the CCMP. For example, it is consistent with the public education and understanding objective in that it provides a"how-to"handbook which can be used widely. In addition, it furthers the objective focusing on coordination of public agencies by involving them as well as the private sector in the development of a common set of design goals and standards which are consistent with those of the APES Study. Furthermore, it furthers those objectives which advocate the development of ecosystem plans and the use of geographic information systems (GIS) by providing opportunities for such systems to be used in preparing area-wide maps of conservation and development (ecosystem plans) and site-specific development plans for§KOK#40,case sites in each county. In essence, it provides a real opportunity for broad basin-wide goals to be.brought down to a grassroots level to show how wetlands, natural areas, and watercourses as well as farmland and historic sites can be protected and the land owner still derive economic benefit from the site. In terms of funding for the proposal, the Sussex County handbook was funded by a grant from the Environmental Protection Agency (EPA). The APES Study was funded jointly by the State and EPA. A similar a roach is proposed here E 1 • _ r d 4 t t tote be#1s¥'•'•04:4d �; .......l : 40.t 0Q...d. ...;;:die :..iS.; ded:XtiiT7iL:::V.hei:.::eour Vies•:JogIo* : •:: .Y.iJii::the::CK•. isot Ali:::JGF(itensi ::ii.te'L:.Y'Y.e o. k*....;f.i..e. wilmogfogmommo oiect Tao : sci tze n:::s5 04;1. • :>Od asa ,a d tlx e:::Na al::I4ads r t: itl ii g e..ee<r..... :: ;: out,. :. en4t.s:. o::is:: l ::t t:b w d a 'e::1 :: o :: •.. ;. w ..•..;. ...: , .: ....:.. :....: ,2 0 44 14 9.?u A U El l';'. . . . . .. . . . d? 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F aQ a� v4 Q F o. o•d +° ° = v ° .cz .d ic < o o O el) o.bio am2 .� 'til c.b O U fit 4 o ° laa P4 El t10 1 U o rn • V ii hI w O U Z A ca � ,r, I° o -; 3t ' h a F W ta g a '50° 24 "0 a p HJ ii 0 c p a U O " d ° p $" • ° i b t �; ° a,G . p � tp)) § c j ^ p � v U d b Zj y U 'S + 'ti �a) ° Ug8' � m.° bo oodai . o oo •5 4 p w U A C/3" 4' G rcj y y a, p .Q "� oj y .p b .$2,CC ,-6 cil Ill 2 5 t o c> p UIJIIIHIUh : a a � � a s I A to Adopted 8/17/93 Draft Revision 8/10/94 TRANSPORTATION PLANNING GOAL: ESTABLISH A COMPREHENSIVE TRANSPORTATION PLANNING PROCESS FOR ORANGE COUNTY STATUS REPORT NOTE:.. ` UPDATING OF THIS GOAL IS DEPENDENT UPON REVIEW OF A RECOMMENDED.FIVE:YEAR TRANSPORTATION PLANNING PROGRAM FOR THE COUNTY•INVOLVING THE COUNTY MANAGER,PLANNING STAFF,AND THEE BOARD:OF:COMMISSIONERS'REPRESENTATIVE ON THE . . TRANSPORTATION ADVISORY COUNCIL OF THE DURHAM-CHAPEL HILL- : CARRBORO METROPOLITAN PLANNING,ORGANIZATION. : ;! This initiative represents the.continuation of an objective included among the Commissioners' goals for.FY.1992.93, Objectives 1.3 and 5 represent on-going.activities, since they require the involvement of staff,:advisory board(s).or governing board on some.. • scheduled basis, i.e.;weekly, monthly,.annually,etc.A revised Plan of Action is proposed for Objective 4, implementation of the.Regional Bicycle.Plan.A work session with the Board of Commissioners is•proposed.to determine the most appropriate method(s) for:implementing that plan.A"work session' could consist of one of the following 1 A scheduled bimonthly work session of the.Commissioners;or 2. A scheduled meeting of the Commissioners at which a"Report".would be presented; 3 •A.called':meetng ofthe Commissioners for the purpose of discussing the goal; or 4. A:scheduled meeting of the Advisory Board. • :' BACKGROUND & OBJECTIVES On August 17, 1993, the Board of Commissioners adopted the Transportation Planning goal which included the objectives listed below. Objective 1 Establish a planning process which presents Orange County's requests to NCDOT in a timely manner and coordinates those requests with other jurisdictions, as appropriate. Objective 2 To represent Orange County in the context of regional transportation planning and coordinate County plans and projects with those of the NCDOT,municipal and county jurisdictions, the Triangle Transit Authority (TTA), and the Triangle J Council of Governments (TJCOG). Objective 3 Assist the Current Planning Division in reviewing the transportation requirements, impacts, and implications of development projects. Objective 4 Coordinate the review and adoption of the Regional Bicycle Plan into the Transportation Element of the Orange County Comprehensive Plan. Objective 5 Establish a planning process which carries out Orange County's policies to encourage environmentally responsible transportation planning. A Plan of Action for each objective is presented on the accompanying pages. RESOURCE REQUIREMENTS Completion of the objectives will involve the following commitment of staff resources: Planning Director Planner III/Comprehensive Planning Supervisor Planner II/Transportation Staff will compile data from time sheets concerning staff hours expended and costs associated with completion of this objective. Monthly reports will be distributed to County Manager, Planning Board, and Board of Commissioners outlining monthly/cumulative staff hours and costs assigned to this project. s7 lip .„. ,,, W ,-1 E i E � W A O a z � E � b o �. �, cYD C) C)a o P 0)CA i .c.i.! 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Adopted 8/17/93 Draft Revision 8/10/94 WATER RESOURCE QUANTITY AND QUALITY GOAL: DEVELOP A LONG RANGE STUDY AND PLANNING PROCESS TO IDENTIFY AND ADDRESS THE IMPACTS OF VARIOUS LAND USES AND WASTE TREATMENT OPTIONS ON THE QUANTITY AND QUALITY OF THE GROUND AND SURFACE WATER RESOURCES OF ORANGE COUNTY SO THAT THESE IMPACTS CAN BE FACTORED INTO THE LONG TERM PLANNING PROCESS. STATUS REPORT initiative.represents an objective included among the Commissioners'goals for FY .1993 94. The revised Plan of Action reflects an extended time period within which to complete work on this goal. The extension is due primarily to the amount of staff time required to address issues such as the rural character strategies, economic development district proposals, and the University Station Planning Group.These issues have required extensive use of GIS,Although needed expansion of the GIS work area has been accomplished, acquisition and/or movement of equipment has been delayed until this work is. complete. BACKGROUND & OBJECTIVES On August 17, 1993, the Board of Commissioners adopted the Water Resource Quantity & Quality goal which included the objectives listed below. Objective 1 Develop a public information and public feed-back process which will serve to inform the public as to the need for ground-water protection and the purpose and nature of proposals for the County's ground-water protection process, and which will stimulate public input into the efforts to develop protection strategies and to collect important anecdotal ground-water information. Objective 2 Begin the process of collecting all available and pertinent data related to the availability of ground-water supplies and to various human and land use activities recognized to have potential impacts on ground-water quality so that the data may be assessed as to its reliability and utility, then rendered into a form where it may be entered into an electronic or GIS database. Objective 3 Finalize recommendations to the BOCC as to additional ground- water investigation activities and associated staff and funding commitment necessary to complete development of an integrated ground-water resource data base sufficient to analyze the interrelationship of existing ground-water quality and quantity, physical environment, land use and conditions/activities having potential to impact adversely on future ground-water quality and quantity so that resource management and protection alternatives can be developed and submitted to the BOCC for its endorsement and implementation. Objective 4 Use available SCS soils mapping to determine general suitability of the areas of the County for land application-type waste treatment systems and obtain DEM data on remaining stream and surface water waste loading allocations in order to determine the relative capacity of different areas to support service by on-site waste treatment systems. Objective 5 Develop a water resource protection long range planning system or program using County GIS,computer or other available technological resources to predict and address impacts of various land uses and • land use patterns on the quality and quantity of the ground and surface water resources of the County. A Plan of Action for each objective is presented on the accompanying pages. RESOURCES REQUIREMENTS Existing staff resources required to accomplish the FY 1994-95 elements of the water resources goal are estimated at$30,000,and will be incurred by current staff of the County Departments of Planning,Health,Soil Conversation, Cooperative Extension, Land Records and County Manager. Additional capital and operating expenditures for this program in FY 1994-95 total $60,103 and include the following items: GIS hardware/software $ 14,975 GIS training 6,000 Interns 12,293 Public information & education 5,000 Phase I - USGS groundwater recharge analysis 19,625 Contingencies 2,210 Total $ 60,103 Funding for the above expenses includes unexpended funds from FY 1993-94 plus an additional appropriation in FY 1994-95 to cover Phase I of the proposed two-year USGS study. ua ka rn , 72%1 4- i 4- 6 ,..- a � I Z v E U 2 4 w A .............................................. . . . © :a_4, &i' Cin W a to F i o a+ 'ti PW E., a W E" b r ova CU CP"Q p p ,a v S! � FAN b 53 o w 4 ti U 4 w y p �cNaH � aibo0 , as N u v o"d O U N CY5 x, 14 .5 • • A °i.' • • U $, cis 0 c0 F ;2 c°) w 3 � , o a Z C to O ad 4 12 c. a vA O i �F Tt i 0 6 C" f... 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K ± . . teM > <: »«: n e a : :i ;M : W2Y : : :` : < a' : ; ; v ; :: viiiivi : i g ae :i :'M ' " i : i : ::: i {; : : < : > `> a ' s : > : : . . u:: . .ng a : : t �p : ::: : i;i :: O2 i ::.:: ::: < ene. at. . < , , .. , e < : M» ` : . e , :i :: . i : : , .:: : e << : $% : con *taW4 :� : ; • ii i : : :: > : : ;: > : € a O : ;::::: : 1 " ::i .: t :�O. :t�Yg��g •:: i: :i :> .: ;: : :: : 4 •» i:;3 .m' ' i l: : k �: A :OtiO : t � < ::::. >: : : ; ... :i:::< <»::< ::: ::< < . . . : io A. .:i:ii i : :' k ::5r d f : �i : a��ia Q� ' : : yr� > . :f;:: '•:•; . .:.:.. . . xi:: f: ; : ::ri::::is?::iS i::Si; i::i g : : : :: �. ? > ` <> ? � i> . . t : i • . f: : i i: : : : : : : ;i >3 5 ' ' ' , n :; •i t i.i . t : $ :: : i; iiiiii > : s '> >no' ' : . 4i ; . .. :> : > : < :w>:it: : << > ' < � : : : i::.:i :.: »i .> < . : BACKGROUND AND PAST OBJECTIVES The Board of Commissioners directed staff to complete a study of the Efland area to determine means of: a) financing sewer expansion construction; b) getting existing low income customers tapped onto the existing system; and c) assisting low income households to pay plumbing and tap-on fee costs. Once strategies were developed and implemented and grant funding was available, staff was directed to begin the process of constructing the expansion of the sewer system. 1. In 1992 and 1993, staff provided two reports to the BOCC outlining construction cost estimates and financing strategies for expanding the sewer system. The 1992 report developed the cost estimates and provided an analysis of capital cost recovery through sewer use rates. The 1993 report provided an analysis of capital cost recovery through an assessment process and through development of sewer district and district tax. This information was also provided to the Efland Environmental Committee through the committee's attorneys in May 1993. 2 . Staff's sewer expansion reports to BOCC ( 1992 report on financing through sewer rates and 1993 report on financing through assessments) indicated that existing Efland development patterns and potential sewer system customer base was not capable of generating sewer use or assessment revenues sufficient to provide all of the construction funding for system expansion. Funding all construction costs through sewer use rates, assessments or some combination thereof would prove to be prohibitively expensive to most existing and potential sewer system customers. 3. In 1991 and 1992, the County submitted CDBG funding applications for the section of Eland designated as Phase IV in the Efland Sewer Master Plan. Although the area was qualified to receive grant funding, both applications were unsuccessful. County staff initiated the process to submit a new CDBG application in 1994, but discovered that the area no longer qualifies for housing rehabilitation and utility development grant funding. Staff determined that new construction and demolition of several sub-standard dwellings in the target area have raised the overall housing standard in the area to a point above that which could qualify for CDBG funded improvements. The Phase IV area was the only area in Efland which is not currently provided with sewer service and which could have qualified for CDBG funding. A 1994 CDBG application was not submitted for Efland and staff does not anticipate any further CDBG funding application activity for this area in the future. 4 . The staff's efforts to investigate grant funding for the Efland sewer project and others have shown that sources of grant funds and very low interest loan funding do exist. Those sources include Farmers' Home Administration (FmHA) loans and grants and state Clean Water Revolving Fund loans and high unit cost grants. Unfortunately, qualifying for these loans and grants require significant expenditures of funds for engineering studies and reports, environmental assessments, and even construction plan development. While the expenditures on engineering are basically prerequisites for qualifying for grant funds, they do not guarantee that grant funds will be awarded. REVISED OBJECTIVES OBJECTIVE 1 Evaluate the costs of sewer expansion, evaluate the impact - if any - of providing sewer service to the Buckhorn Road EDD on sewer system expansion, develop cost recovery strategies, pursue available grant fund and revolving loan financing of sewer expansion. PLAN OF ACTION A. Create work group which will serve to study and make recommendations on the development of the Buckhorn Road EDD in November 1994 . B. Buckhorn Road EDD work group takes recommendations to public hearing in February 1995. C. BOCC acts on Buckhorn Road EDD standards in April 1995. D. Staff update construction costs for all proposed phases of Efland sewer system, including provision of sewer service to Buckhorn Road EDD, and reports to BOCC in April 1995. E. Update all capital financing strategies, integrate grant fund scenarios and report to BOCC on potential capital recovery through sewer district tax, sewer rates and various assessment strategies which will include Buckhorn Road EDD in May 1995. F. Develop estimates for engineering costs for reports, environmental assessment, construction drawings and right-of- way acquisition for expansion of Efland sewer system for possible inclusion into budget process and report to BOCC in May 1995. G. Hire consulting engineer to provide engineering studies, environmental assessment, construction documents by September 1995. F. Complete all engineering documentation necessary for grant applications and submit application for state high unit cost grant funding and revolving loan financing for remaining engineering, surveying, land acquisition and construction costs for all sections of Efland sewer system by March, 1996. OBJECTIVE 2 Construct sewer expansion and implement approved sewer use rates and sewer assessments. PLAN OF ACTION A. Complete engineering design, secure necessary design approvals and construction permits, begin easement acquisition by September 1996. B. Solicit and award construction bids, begin construction by November 1996. C. Complete construction - December 1997 . D. Complete development and begin implementing BOCC-approved sewer use rate structure and sewer assessment financing process as necessary to repay revolving loan funding in January 1998. ESTIMATED RESOURCES REQUIRED Staff costs involved in expanding the Efland sewer system are estimated to range from $75,000 to $100,000 over the next three years and will be incurred by the County departments of Housing and Community Development, Health, Tax Assessor, Tax Collector, Budget, Finance, Purchasing, Economic Development, Planning and County Manager. Engineering costs for preparation of environmental assessments and other reports, preparation of construction plans (with associated survey expense) and specifications will be in the $120,000 to $150,000 range. Construction inspection and administration will add another $30,000 to $50,000 in engineering. Overall costs for construction, contingencies, engineering, surveying and legal and easement acquisition costs are expected to range from $1,600,000 to $1,900,000. The viability of this project depends on the County expending funds for the engineering services required to attract grant funds and the acquisition of grant funds sufficient to cover approximately fifty percent of overall project costs. The remaining costs can be financed through low interest revolving loans with payback generated by a combination of assessments and adjustment to sewer use rates. These cost estimates may change, depending upon the final design of the sewer system, fluctuations in construction and materials costs, and grant funding requirements. a) 0 v o Q 0 o •rl U W •� Z O N WJ >- p •� 0 W W W WCC b N H b p Z ,b J W W tyl F LL 0 v r� 0 0 Id M M m al 41 v •r-I I-I Q1 0■ Z Q) 4.) !d r-i �-4 ri v N �•s { S r-I It illt 1 a A �a a X U d �W om C) U) co 3 Z N rI o •• +�o A O O N V O 0 C W U Z 4-) ° aG b u.Z ar0 � �- � 0 cd Uo U �. 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'� U 0 0 0) �) W w U •rol 0'4 •C •U) 0 O 0 01 4.01 •rr4•� a G (0 oU c1 (1) 0ao' CHi ( o 4 H U N 0 Ha A w 14+) 0 +) +) w U r-4 r-! •r1 0 U) Nd 0 -r�1 -� W0 ON U 3 >4 4-)) o•0 � jai 4)) ' w 0 4CNV a•r0i a Oo a Uomm UoA U Adopted 8/17/93 Draft Revision 9/13/94 ECONOMIC DEVELOPMENT DISTRICT GOAL: COMPLETE PREPARATION OF AN"ECONOMIC DEVELOPMENT DISTRICT" PROPOSAL STATUS REPORT This initiative has been completed and represented the continuation of an objective included among the Commissioners'.goals for.FY.1992.93. This initiative carried over into FY 1993-94 due to the amount of staff time required to address issues related to the completion of watershed protection standards, zoning of the two northern townships, and rural character strategies. Completion of this initiative resulted from adoption of the economic development district proposals in March, 1994 by the Board of Commissioners.Additional work will be required, however,which involves: (1) a cooperative planning effort,with the.Town of Hillsborough, on the I.40/O1d N.C. 86 district and a proposed I-85/N.C.Highway.86 district; (2) clarification of concerns related to Land.Use Plan categories and locational criteria, and approval procedures; (3) adjustment of district boundary lines to eliminate "split" properties; and (4) a cooperative planning effort, with the City of Mebane,on the proposed expansion of the I- 85/Buckhorn Road district,;'. BACKGROUND & OBJECTIVES As one of its FY 1990-91 goals,the Board of Commissioners asked that specific parcels be identified for pre-zoning in a manner consistent with the Orange County Land Use Plan. In October, 1990, the Economic Development Commission (EDC) and Planning Board (PB) adopted an agreement which included the following objectives: 1. Identify appropriate locational criteria, land use categories, and zoning designations to promote business; and 2. Develop performance standards and project size thresholds which measure the impact of land development. • In December, 1990, the EDC Target Advisory Group completed a report identifying preferred locations and types of businesses for Orange County. Using construction cost data supplied by an area contractor and a spreadsheet template to evaluate the economic feasibility of development scenarios, the PB/EDC Work Group identified the preferred distribution of land uses for selected target areas. Rather than limit itself to traditional techniques, the PB/EDC Work Group decided to evaluate other methods of controlling land use intensity. Among the techniques were those promoted by performance zoning advocates. To help the PB/EDC Work Group understand the application of the standards, the staff conducted detailed analyses of selected business sites to illustrate the relationship between development character and intensity standards. All of the work completed by the PB/EDC Work Group has led to the formulation of a more definitive goal; i.e., to develop an "economic development district" proposal with clear, acceptable performance standards and streamlined approval procedures.The concept of an economic development district is not new. The zoning district designation currently exists in the Zoning Ordinance, and the purpose of the district is"to provide locations for a wide range of low intensity industrial, institutional, office and research use with no adverse impacts beyond the space occupied by the use." While such districts are normally associated with the Land Use Plan designations of "Commercial" and "Commercial-Industrial"Activity Node,and designated in close association with interstate highways, some changes to the Land Use Plan were required to "target" economic development districts at specific locations. Thus, a new land use category entitled "Economic Development Activity Node" was proposed. A second proposal involved the actual application of the category through changes to the Land Use Plan (Map), including Township Plans. Finally, changes to the Land Use Element-Zoning District Matrix, and applicable goals and policies were proposed to insure consistency between the Land Use Element and the Zoning Ordinance. Associated with the changes to the Comprehensive Plan were proposals which sought to apply a revised"Economic Development District"zoning category to specific"target areas"in the county.Associated with the rezoning proposal was the establishment of performance standards and design criteria, and streamlined approval procedures applicable within those districts. RESOURCE REQUIREMENTS Completion of this goal involved the following commitment of staff resources: Planning Director Economic Development Director Planner III/Current Planning Supervisor Economic Development Specialist Planner II/Landscape Architect Data was not compiled concerning staff hours expended and costs associated with completion of this goal. m • p rn oA I WCA Ji g .. . , . . .. . . .. .. .. . ..... .... .. . . .. t-t UD A a) tC O U A eA �y • G O A A Wean z P. � o W a. 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Y -14-1 21-'41 1123 1�10 2 >4 0 0 ?C u1 0 0 ••RI 0.4 XI 11 •-.I 0 ) a, N N4O yI $44 4) RI RI Z 'd Old 'd rUA 0 rd O U 4•I +1 .0 0 LL O 00-1 •'•I 0 0 4.1 a1 0 •.1 R 0 0rf 3 +1 •r ill 0 maw J r1 44-1 3 4 0 +1 U >r 1 O 'd O rI U CO 0Id -P0 .0E a /Iid00OO � .0 D (0 w o .Q I 0 .0 14 •.1 > A A is 0W V a V wVI a M n Id aCD V W O m F= ° 4 O E 4 8 a u - LU Z 0 I- 0 W J 2 G W O w Q H 1 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA l.Zaiiver:c qri e e;dtaas/zecr/1762 MEMORANDUM TO: Orange County Board of Commissioners FROM: John Link, County Manager DATE: September 15, 1994 RE: Periodic Updates on Significant Topics I have several updates for you as summarized below and in the enclosed attachments: 1. State DPI Comments on CHCCS Elementary School Design As requested, I am passing along information (Attachment 1) pertaining to the State Department of Public Instruction' s review of the plans for the new elementary school. I understand from CHCCS staff that the DPI architect' s comments are "advisory" only, and formal approval of the design plans by DPI is not a requirement. 2 . New Health and Dental Insurance Rates The memo from Elaine Holmes at Attachment 2 outlines the planned health and dental insurance rates for employees effective January 1, 1995. 3 . Campaign Financing Rules Concerning Municipal Finance Professionals Director Robert High of the Local Government Commission has requested dissemination of the memo at Attachment 3 to all North Carolina local government elected officials. The major point is that under new rules approved by the Securities and Exchange Commission, municipal finance professionals (e.g. municipal bond underwriters) are prohibited from making campaign contributions to local government elected officials or candidates with whom they might do business. Acceptance of such contributions can preclude a local government from doing business with contributing individuals or their institutions for a period of two years. AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Ext. 2300 RUG-25-'94 THU 09:2E ID: TEL NU: 4,51r I- 4: '`'. p' ORTH CAROLINA • Ore- t'` -1 '. DEPARTMENT OF PUBLIC INSTRUCTION 301 North Wilmington Street,Education Buitdin _-- - Raleigh,NC 27601-2325 Sawshp.,ra+.r.,r August 9, 1994 . . Pearce Brinkley Cease & Lee . 4700 Homewood Court Suite 105 Raleigh, NC 27619 . SUBJECT: Chapel Hill-Carrboro Ci Schools McDougle Elementary Sc ool New School . DSP No. 681-4093 1 Gentlemen: • School Planning last saw this plan as a proposed elementary school location on the middle school site. Since the design h progressed to the design development stage without a schematic submittal, a det ed review of the concept will probably not be as productive. There are some conc rns that should be on the record. 1. Having all of the regular classrooms on single loaded corridors results in more corridors and longer travel distance. Exterior wall area is also increased resulting in hi' her construction cost and energy use. 2. Both the car and bus d p-off are too far from the building entries. Control of students goi g to and from these areas will be difficult. Covered walks must be rovided. 3. The shape of the buildi g has eliminated the PE playfield, which is a required, element of the lementary school program and,necessary for plan approval. 4. The corridor at the mul i-purpose room is too narrow. Most of the students will be criss-c swing through this area in the morning and afternoon. (The multi-p rpose room doors cannot swing more than 7" into the path of travel in the corridor.) 5. The principal's office is too far from the classroom areas (a private toilet for the principal i a luxury item). McDougle Elementary August 9, 1994 Page 2 6. The health room must e closer to the reception area for constant supervision. (The heal h room toilet door must swing out.) 7. Adjust the location of the group toilet entries to improve privacy sight lines from the corridor.) 8. Do a table layout for thei cafeteria. It looks like circulation will take up too much space with the'serving and scullery diagonally opposite from the entry. 9. Why is the ramp behind he stage so wide? (Do not swing the door out into the corridor.) 10. Why are there glass bl k windows in the two.multi-purpose storage, rooms? If the spaces ha ye windows, there will be a possibility that they will be used for other ,urposes in which operable windows would be appropriate. 11. Pits should not be use in the classrooms. They are a safety hazard and reduce the flexibili y of the room. If fixed seating is desired, use a removable carpeted p atform. 12. Why so many sinks in th pre-school room? The office will have to have a view window and glas in the door to provide a maximum view of the room. It may be desira e to shift the office to the corridor wall so that it can be entered from o tside the classroom for observation purposes. 13. Avoid sharp angles in torage and small special rooms. They will be difficult to use and cle.n. 14. 8'-8" classrooms ceilin:s are not approvable. 10'-0" is the height standard for this size c assroom. Since there is a light monitor in the ceiling, any height bet een 9'-4" and 10'-0" is approvable. 15. A simple roof edge wou d be preferable to the parapets. 16. The canopy at each of e classrooms will be full of bird nests. 17. Vent all spaces above t e insulation. 18. How do the ducts from t e mechanical mezzanine and the classroom light monitor co-exist? Se vicing the equipment will be disruptive to classroom instruction. -4-,U .LJ 7'^4. 1 1u) t.--,•-.44- ..... ii-J- I ice+. — , _.„ _ 1 McDougle Elementary August 9, 1994 Page 3 � Thank you for sending the plans in he review. Sin l4- 6 -. Ni Ger ott, AIA (91911 715-1911 Consulting Architect School Planning 1 Its pc: Dr. Neil Pederson, Supt. Mr. Chester F. Preyar, Asst.(Supt. Mr. Bill Mullin, Maint. Dir. Mr. Dave Tinker, Health & S ety Coor. The Roberts Stacy Group 4114Q8/11142,4+ f) yam g11' .,eT 1 P u n 2 ac' Orange County Personnel Department 208 S. Cameron Street Tel: 919-732-8181 Post Office Box 8181 September 15, 1994 919-968-4501 Hillsborough, NC 27278 919-688-7331 919-227-2031 Fax: 919-644-3009 MEMORANDUM TO: Orange County Board of Commissioners John Link, County Manager FROM: Elaine Holmes, Personnel Director SUBJECT: 1995 Orange County Health and Dental Insurance Rates Attached are the planned health and dental insurance rates effective January 1, 1995. The health insurance rates reflect an approximate 13.6 percent increase in Blue Cross and Blue Shield (BC/BS) rates and a three percent increase in Healthsource (formerly Carolina Physicians' Health Plan) rates. The 1994-95 budget included funds for an approximate 15 percent increase in health insurance cost beginning January 1, 1995. The County costs shown on the attachment are within the budget. The County health insurance subsidy amounts for individual and dependent coverage shown on the attachment are calculated in the same way as in past years. In summary, both the County and the employee cost for the BC/BS plan are increased by approximately 13.6 percent. The same dollar amount of subsidy for dependent coverage has been applied to the Healthsource plan as that provided for BC/BS. Employees will see the rate increases in paychecks issued on December 2, 1994 for coverage effective January 1, 1995. The annual open enrollment period is scheduled for the week of October 17. The dental insurance rates are the current rates and no increase is recommended for 1995. If you have any question or would like additional information, please give me a call (extension 2552 ) . An Equal Opportunity/Affirmative Action Employer i ATTACHMENT a) d' OVDNd' 0 r4 (.1 N 001 .4, CD .4 01 a) OOMOD Or10M OONd' 4) 01 a) • • • • • • . • • . '-1 3I ONNM ONNLf1 000 .4 4-) o '.0 VD ,-I d' d' CO I-I r-1 (0 N W •rl 0 a) W ONLf10 OtOMN 0010' 0 C.) a) 01000N 0 �d' d' N OONd' 0 a) 'C) • . I • • • • • • • • • '1 .4 •rl b 0 ' .' O CD lN00 OOLnd' a) NRr O in Lfl O In L)1 01 ri ri b C ri ri 0 * * k O Ln01NOo 001N00 0 N N N N R( •rl MOO a, '-4 OCO01r-I •rl C' d' d' d' 0 ›• 3 • • . • • I • • • • • • a) 4 a) '.0 M O In N f''1 0 Lf1 a) '.0 '.0 VD VD • a0 °' Ir4i OD CV a o 0 c, a) 0 a) r1 (0 A 0IINCO 0 elf N00 0 NNNN ri N CO 00ri u1OOrl i4 d' d' d' d' M 0 'd • • . • • . . • 0 • • • • co . b d' 01 d' d' 01 01 d' d' U) VD VD VD '.0 N C. 0 rI CO O N Ln N O N in 0 a) H p.1 0 ri 1-1 ri 1-1 ri 1-1 H ad -0 r-I a) +) 0 U IV g a) a) A 0 CO in in 01 N 0000 A N ri 10 N 4 01 (11 O1NO OOOIt) .4 Ui \000 CT-1 >4 • • • • • • • • >4 • • • • 0 ri 3 tO Ln M 01 N ri M 0 ri ■0 10 ri 0 0 • -0 co a) 01 00 O 0 W N co 1D .4 ri ri N -I N q a) 2 ri N N ri ri C•4 >a x -1-1 0. 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PN PN 0 a) w I-I r♦ b 'd '11 a) 4 — rib b b 1-i 1-i 'C) b b 0 1-i (0 0 0 0 g C) W 0 0 0 C 1-" 0 (0 0 0 0 0 1-i M U) aC) 0 (0 (00 k0 r'0 0 (0 (0 (0 -1 0 (0 (0 (0 w 0 0 1-4 (D (i) a) a) 0 g a a) a) a) a) a) a) a) a) (1) a) (0 N•rl (0 a) CL) a) a) 0 aa) a) a) A 04) 04) 04) (1) 4k C.) +) Ci >4 Ph P4 >4 4 I-I 4 P4 Ph PN Ph 'P'1 PI PI Ph •1-10 0000 4 04-) 0000 0 0000 a) -0 W ri 1-i 1-1 r I 1-i N 1-i 1-1 1--I 1-i 1-1 41 1-i 1-1 1-i 1-i N 1-11 N W 0 04 04 04 000 W C(0) W 4 E 0 0 a) 0 0 E 0 0 2 W EW 44 WWW 04 - 04 41 WWCc7 A 41 WWW * e S �'- ° c*tat�e I1:f 1"art11 Carolina t orar zxn #801 p e artmEnt Of (*tat.e Treasurer • HARLAN E. BOYLES State and Local Government Finance Division ROBERT M. HIGH TREASURER and the Local Government Commission DEPUTY TREASURER • • July 8, 1994 ) )IORANDUM TO: Locally Elected Officials FROM: Robert M. High 1 SUBJECT: Rule G-37 The Municipal Securities Rule Making Board ( "MSRB" ) with the approval of the Securities and Exchange Commission ( "SEC" ) has adopted Rule G-37 which became effective April 25, 1994 setting out campaign financing rules which, if not followed, could have a significant adverse impact upon the issuance and the cost of borrowing by all agencies of government, both state and local. Rule G-37 is directed toward municipal underwriters, banks ( generally, the officers designated by the bank's board of directors as responsible for the day-to-day conduct of the bank' s municipal securities dealer activities and any member of the separately identifiable department or division of the bank dealer) and other municipal finance professionals and .dealers. 'The Rule prohibits these institutions and persons from engaging in any securities business with any government within two years after a campaign contribution is made to a candidate or office holder of such government who directly or indirectly could influence the award of municipal bond business . Rule G-37 is detailed and complex as to the meaning of a dealer, a municipal finance professional , an associated person, an official of an issuer whose office is responsible for or can influence the outcome of the hiring of a dealer for municipal securities business and other definitional terms and terms of application and jurisdiction. In fact, on May 24 , the MSRB asked the SEC to approve several amendments to Rule G-37 covering such matters as protecting firms that make good faith efforts to comply with the Rule from being penalized for isolated violations by employees, making clear that the Rule does not cover the public sale of bonds by competitive sale as opposed to negotiated sale and also making clear that contributions to an incumbent or candidate for governor are covered by the Rule, assuming the governor has authority to appoint boards that determine bond issuance. The amendments proposed by the MSRB were approved by the SEC on June 3 . 325 North Salisbury Street, Raleigh, North Carolina 27609-1388 (919) 733-3064 (FAX 733-9586) An Equal Opportunity/Affirmative Action Employer Memorandtun #801 Page 2 Should prohibited contributions be made -by an underwriting or banking institution, the institution would not be able to do business with the affected governmental unit for two years after the contribution was made. The contribution prohibition does -not apply to contributions to issuers or officials made by public finance professionals who are entitled to vote for such officials , provided such contributions, in total, are not in excess of $250 by each such municipal finance professional to each official of such issuer, per election. The effect of a prohibited contribution could be to reduce significantly the number of underwriters or banks available in the market place to participate in the offering of the unit' s municipal securities which could affect the unit' s 'ability to have a wide choice of municipal finance professionals . In many instances this could lead to an increased cost of financing. As with most new rules, the complete interpretation and full impact of the new approach is yet to be determined. Specific concerns will not be determined until the MSRB confronts actual or apparent violations . Consequently, only the most cautious approach can responsibly be taken by a candidate or office holder to an offer of a contribution from a municipal finance professional who might be subject to the jurisdiction of Rule G- 37 . Each office holder or candidate should be aware of the potential risks to the holder' s or candidate' s governmental unit if campaign contributions are accepted from municipal finance professionals . Should you have questions about Rule G-37 , or if we may be of assistance in facilitating an understanding of the rule, please do not hesitate to call me at 919/733-3064 . september 20 , 1994 board of commissioners meeting CHANGES TO AGENDA: NONE Moses indicated that the school item will be heard and people will be allowed to speak . Ten minutes to each side of the issue and the Board will give a presentation . The board agreed to that No one spoke on items not on the agenda . PUBLIC CHARCE WAS READ BY CHAIR CAREY BOARD COMMENTS : Veri a requested that speakers on school issue give information that has not already been presented . Moses indicated that he has received many totters/memos and they have been read . Verla mentioned that Beverly ' s husband was doing well . Beverly is well loved and important to this process . Steve . . . whether you speak one minute or 10 hours you postions ale understood. V . RESOLUTIONS/PROCLAMAIoNS Moses repotted , dw/sh ALL ITEMS ON CONSENT AGENDA Minutes . . . al ice mentioned her addition vi/sh ALL ITEMS FOR DECISION A. john Link indicated that the commjAtee developed and issued d survey to find out from citizens about the service . Bob Gwyn the Chair of the Committee will share result of survey and he piocess and timetable for renewing the franchise Gwyn . . .mentioned the two companies — Cablevision and CVI . 5537 homes by cablevision . CVI is a smaller company and own systems in Carrboro/O/C and Hillsborough_ 300 subscribers in Orange County . Maps were distributed which show where the companies extend their lines . There is much passion about tv and about their cable service . This is reflected in the study . The survey research can not address the issue of personality , Some people have a great tolerance for inefficiency , others have a very low tolerence This is also reflected :in the survey . The sample consisted of 3000 chosen from the tax roles as well as surveys to mobile home parks in those areas connected to the Hillsborough, water line . 30% return which is very good , People seemed to he more , rather than less , satisfied with their cable service . Many people were satisfied, however , those who were not satisfied were extremely dissatisfied. There were a number who wanted cable and they were very unhappy about this lack of service , They questioned why does my neighbor have cable but 1 can ' t get it , We need to address these ' questions with the cable companies , The major concern and dissatisfaction with the cable companies was with the issue of the converter box . People do not like this box . Not being able to tape one show 'and watch another is a problem, Cablevision took over a system that had many problems and many of the complaints come from the previous company , Technical prca)1 ( ms were also mentioned , 68% indicated that they would like commissioners meetings on tv . This is something that we will pursue , Alice . . . how is the negotiating over the converter boxes going to be handled in your processs . Bob. . . CH negotiating has ground to a half and . . . . find out from albert Steve . . , . what is the status of the company that has been advertising satellite dishes . Can they operate here . Bob they are and they are marketing their services here . You rent or buy a 'small dish and you get a number of services that you get on cable . The disadvantage of that for o/c and for public policy is that it is all national programing . No local programing . Telephone companyies are in court requesting pejrmission to transmit on their lines . They would be a. great competitor to the cable companies . Cable companies are merging with telephone companies . Verla asked about the areas were their is competion . She requested that they research where if anywhere that is being done . dw/vi ALL IX B CHAPEL HILL/CARRBORO SCHOOL DISTRICT -PLANS FOR NE ELEMENTARY SCHOOL John Link presented info in the abstract . The Board of Ed is scheduled. to consider a Resolution which is a supplement to the documentation required by the Local Government Commission , Thetis page 3/4 of the agenda packet . NEIL . . . . Four topics need for school size / design cost funding strategy NEED. . . this need was identified in 1990 by a Tong. range planning committee . It needed to open this year but it was not included in earlier bond package. We have 5U() elementary school students more than we can house in our permanent facility , We have 19 temporary trailers . We will be 800 over in 199 when this school openS . The Kindergarten number was lowered by the state this year . That added 3 K classes . 99 , 000 square feet . . . near to the New Hope size . The flexibility to organize classes and the hands on approach and the need for support areas , We believe that we need to look at multi-track year roun schools . COST— The cost is based. on ? per square foot . jThat figure is less comfortable this year as reports are coming in from other schools . The school system is going to be paying the debt service and principal on this school , If the contingency does not need to be expened it would be in their interest to do that . FUNDING The school is not being financed through bonds . Property taxes were increased to pay the debt on those bonds . The impact fee is being used to build these facilities . This is a small piece of the payment . The remained will be ?Pay as you go??? BOB STOCKING , Technology co-ordinator . Teacher/voter/taxpayer . This is not an extravagent place but it is a place that professional exjoy going . The physical plant is inviting to students and staff . It welcomes kids . It is effectively designed . Teams of teachers are assigned rooms and they decide how to use it . Elective teachers do not feel they are imposing , Turf battles do not occur . Office space is shared and excourage contact with parents . Phones are available for the first time as are conference rooms . McDougal makes the statement that we are treating you as ' professionals . BOARD QUESTIONS Moses indicated that 10 minutes will be given . JEAN COLE , . Putting Children First . opposed the new elern school proposal . McDougal has won design awards and we do not need to seek more of that elitist , As risk children , 70% our nc . schools are 25 years old , Exisitng buildings are not going to get maintajned, We need safe schools not design awards . The school system is the spoiled child . Move the fifth. graders to the middle schools and study the issue . It is time to say no PETER MORACCMBE Showed the project environment report on the flooding of the school , One reason to delay/reject is that our administrators are fiscally irresponsible , Broke promises/ lied and showed poor management . $100 , 000 was wasted , Asked the BOCC to provide more oversite. The school needs to be a bond. referendum and "0" based budget for next year JOHN REINBARDT . . . chapel hill resident . . . Please approve a bond referendum. The letter from Pederson in the. CH , . , this seen) Lo be educational one upmanship . We are getting archtechical awards , What goes on inside is what is important . We need award winning curricula . ALAN BELCH . . . tHE School system :L growing but the plan to rrtortage property and use cetirficate of deposit is not fiscally sound . We can meet the needs of our children and still be fiscally responsible , A capital plan for new schools needs to be presented to the citizens as a bond referendum. BILL ESTRUM. . . 36 years in education at every level . Has taught everywhere . The facility had nothing to do with. it . SUPPORT Vicky Bower , parent and voter , parents appreciate this McDougal school , Please continue to build the best . Do not build the shool of the past \ NANCY SALMON , 1991 this school was considered an immediate need . McDougal has been completed for 14 M and the elementary school is 10 M. It has been scaled down , We are but better schools . A quality education must he in sites about the minimum. We need the elementary school and it has been studied for a long time . and we need it quickly and will be used for a very long time HARVEY GOLDSTEIN , parent and PTA council president , speaks on behalf of the parents who understand the needs of this school and the quality it is being , It is a good investment to build a school for the future and is designed to prepare our children to be competitive in the global market. place . Investment in quality education will pay for itself] through tax revenues from this quality . People have indicated that desire for qualify public education . Lets avoid the decision to be penny wise and pound L oolish. BETSY BARROW , teacher at Sewedl and a tax payer in orange county . Please fund this proposal to build this school Served on the educational specification committee , The teachers and administratiors , etc worked hard on this prolect to plan schools for 21st century , The building is a school designed by education as well as archetects . The design features put the children first and is also based on the curriculum. BARBARA PUTNEY PTA Presdident of FPG . . . please fund at the level, requested . Overcrowding has affected their school Parents are concerned about the increase in construction. in our area . We need to be planning for a 2nd elementary school . LOUIS COLE, a school is a good investment . We do not have a schoolin a mix neighbor . Suggested that Lincoln. Center be renovated . We cannot afford to upgrade all schools , We need to be thinking about merger . Look at the Ecocomic indicators . IBM and Duke Hosp , Northern Telecomemmm. Many of these places are cutting back , Make our school board accountable or we willhold you accountable , GERA1D MEP, Asked. that before money is spent require that the school board audit its general business pract . and its procurement procedures and technical . Listen to the tape . Projects are not managed well . , . .missing files , incomplete documentation, absence of line item pricing , absence of any one individual in school system who is responsible for PAM FREEZE indicated that the space is need for among other things to become a multi-track school . Computer labs and dance rooms have been eliminated . Many families select our community to live in because of the reputation of the schools . Construction is solid and designed for flexibility , Do not compromise the new elementary. school . . . the first one in, twenty years . STEWART . . . ch/CBRO FEDERATION OF TEACHER s , SPOke in support , Reducing class size is important and Raleigh is committed to doing that . We are close to crises proportions . It costs more to , build in CH , McDougal is innovative . We have the opportunity which, will be forward looking . Please support . COMMENTS Steve Halkiotis . . . . is concerned that this Board needs to address the issue of what is getting out of control , What we can afford W as raised several years ago, but LISTEN TO TAPE we need. to look at this again , When the 9th graders came to the highschool no furniture was supplied with them. 01d/broken chairs arrived . It took 6 years of using furniture replacement money to correct this problem. We need to sit down. and work this out The superintendents and manger need to talk.. or the elected boards need to sit down and talk , What is happening is not fair . We have to worry about where the money is coming. from. We need to atop wasting money . We are battling for the top of the line in the southern part o f t he county and in the nouthern part of the county are using used fixtures , There are no rich menu of electives for the northern orange kids . We need to discuss this Being polerized over a variety of issues is very bad for the community , The School Board needs to provide citizens requested information. whether you like them or not DPI issues need to be looked at closely . He wants to hear the answers . Safety and security systems need to be workable.. We need to negotiate with people to get things done . We need, to respect each others opinion . He applauded the innovations and we need to explain things . There are people in this county who do not get one thing , Challenged is to work together to see what we can do to work together . He is particularly conerned with the DPI 18 suggestions and believes we need to take them into account . NEIL PEDERSEN introducted Wayne Roberts , archtect , NP we always review and consider the DPI recommendations , We always take them seriously . i)W asked about that . Some of the suggestions indicated that some of the items indicated that they would have to be corrected . NP . . , those that would be non compliance we would automatically comply with— others we would, consider , Wayne Roberts , of Roberts Assoc . The DPI letter is normal and their comments are considered laboriously . Some design has been changed_ Each item will be considered individually, V the playfleld issue was addressed . The track for the wall in the cafe can be operated by one person . Verla , . The venting of spaces . . , .WR „ that will be done , She asked about the issue of the. Principal being too far from the clasrooms . WR. indicated that the admin was placed in the front near the parents etc coming in. NP „ , yes our priority was to place theoffice where the public could find it , The Classrooms are located in pods andthey are removed , We want the principals in the classrooms as much as possible but workablity is important , Verla , , , you work through each of the 18 is that correct , Yes . She is most concerned with the ones that they are going to disagree with DPI . She would like to hear the outcome of that , Alice Cordon „ , indicated that she has been advocating for a number os years that part of the work that needs to be done is school standards , ie design standards . We are in agreement with that 7. natural division is LISTEN*** After these four schools are built is a natural stopping 'point to work on the standards , In the context of the Capital Needs Advisory Committee where we met we discussed the 10 M with 1 M. for technology and now they must be shocked and dismayed that we are discussing cutting this figure , Chapel Hill/Carrbor is grown and Orange County is also growing . We should work on standards and it is a little late to send the message that the budget should be different now , After this we could determine standards , SH . . , He will not vote for this tonight because it is a statement that we need to stop before we go any further , He questions some things in. the budget . We need to sit dowri. and look at building needs and send a clear message about what we can and cannot at We have other things to worry about in the Court system, Sheriff ' s Department , Verla — intend to vote for this . It concerned about the proposal, to use Lincoln Center , It was looked.. at earlier and was deemed unacceptable in the ' 60 ' s . It was eonsidered to be not- renovatable , If questions were addressed, she does not know that , What is the teacher/student ratio at Duke School for Children_ Supports lower teacher/pupil ratio ' s and that would require more school classrooms . Her frame of reference about education.. has changed . She now has a better understanding of the need for a flexible building . DON WILLHOIT— Lincoin Center was suggested to be sold many years ago and his daughter was there later at 6 grade but it is not a satisfactory school . Look at the big picture . Head Start is very important . He could not get very excited about building a now administrative building. tor the schools . He thinks the should continue to use it ****ADD TO THE WORK PLAN A SERIES OF MEETINGS WITH THE SCHOOL BOARDS . *** Verla . . the standards do need to be worked on Moses we have encouraged the schools to build buildings are are useable to the community . If we continue to do that the costs are going to he fore than the basic costs for the schnol , s Calls to the C of C has gone from 300 to 3000 per day since the Money Meg Neil . . . your cash flow . . . our calender has us going for bids in. nov or doc . . Either of your financial packages . . . the process could. proceed and b/c would have reserve to cover the bills until the money was available from financing . If it delayed the school it would cause trouble but his understanding is that it would. not , The county admin proposal that we could move faster with private placement does not at fact the construction schedule but would impact the county ' s at JOHN ' S RECOM. IS THAT WE PURUSUE A N AMOUNT OF 9 , 999 , 999 . 00 AND WORK WITH THE SEt(OOL SYSTEM ABOUT THE REMAINING AMOUNT THROUGH THE SCHOOLS CIP. THEY COULD TAKE THE SCHOOLS TAX MONEY TO MAKE UP THE MONEY*****listen**** N PEDERSEN . . . could you talk about the difference .n. nterest rates . Ken. C . looking at both gives us options . They can be the sane or they can be different . Alice . . was John saying that if we approve 10 . 6M . Are you saying that you want the flexibility to see what the cost of the COP or the private placement would be and then you talk to the school to see which would be the best financing method. AUTHORIZE UP TO 10 . 6 THROUGH COP WITH THEUNERTANDING THAT IF WE CAN PURSUE THE ISSUANCE OF THE DEBT THROUGH PRIVATE PLACEMENT WITH THE CONCURRANCE Oh THE SCHOOL BOARD TO FINACE THEOTHER 6 . M THAT WE DO THAT . AG/VT NAY . . . . STEVE Rot) we can look at the project with all of the archtect fees and much of that is already appripriated and possibley the sales tax money can be pappropriated for that , N„ PRESENTATION OFFINAL DESIGN OF souTHpRN liDMAN_SERVICES CENTER. E . PINEY MOUNTAIN John introducted the county attorney . Your actoin is not nec for the state to act on the grant , The application. and possible ceta funds is focused. on 90 , 000 . GEOFF. . . The Piney system is an integrated system, and it is a failure in each of its three systems , The nit fields/ground absorb , collection system and step system. Every part of this system is failed. in some part . The grant intends to fix each of thesystems The county interest are to correct the septic system failures , and get grant money to hnlp in the repair and to insure that 0/C does not have aproblem with., the system while it is the owner and does not pass on to owasa any problem. Geoff ' s Sept 15th„ letter outlines how that would happen , **get that letter** , AS a result of the most recent nag with owasa in which owasa had concern about owning the step systems . Now the property owners would own in the new proposal . A high unit cost grant would be requested by the county and would be used to off set the cost of constructing a force main and a pump . With the close out of the grant . . ., o/c can get out of the ownership of the system and transfer to owasa , We need to not present a problem to owasa . The PM homeowners would fund. . .OWASA WILL oversee design and etc because they will be the eventual owner . HO Assoc . will depostit with the 010 the funds extimated the o main pump system etc , Geoff was going over the agreement . Alice . . . Geoff ' s Sept 2nd memo . What did. you mean on no 2 that the funds would not be available . and to allow constuction to begin promptly . GEOFF . . . dem has now adopted rules and it looks like the environ comm will award grants up to 90 , 000 (1 , 500 per home) . 500 , 000 of the 2 M is available to the North State System. Construction starting promptly cannot begin until the county is the system. The money for the step repair will be deposited by the homeowners with the county . JThe agreements will provide that the homeowners will up front the money . Septa . is th memo when are yougoing to work the 11 points into the agreement . Geoff , said that he will do that when there is an agreement . Alice would like to see the agreements after the 11 points are . Geoff suggested the BOCC make a decision about points of interest s and concepts and let the staff come Up with language that makes it happen . pw moved the managers recommendation SH including_the 11 items in the letter , MENDMENT _ _ which agreement shall nclude the 11 itmes in 00 motion , Julie spent last week in meetings about this item. owasa wants to work out this as soon o possible , they are committed to making L his system work , OWASA is not considereing owning the step system they are committed to (j ahead. with. the force ma.in owasas S afety valve is that they do no accept ownership until they approve , BOUT??? owasa needs the engineers certification that the system will work property . owasa will not allow hookup until the can certify that it is adequate , The force main and pump system is where owasa will be involved along with. way . . „ LOOK FOR THE MEHOHE GAVE TO Ceof i: t he colectionsystem would forbid. the county from allow the force main to be connected to durham until all occurs „ plus the • 12th one VOTE ALL JOHN LINK indidated that since the Chair is named as the authorized person to sign we would advise you not to sign the agrement if we deem it inappropriate and that advise it come back to the board . 0 , PURCHASE. OF DEVELOPMENTIRCHTS Marvin Collins indicated that there have been two ph on this issue , there are basic points that need clarfication from theBoarda Those 6 points aro listed , He indicated. them #1 . PH/VT ALL #2 AG/VT ALL #3 DW INDICATED THAT TH HOUDL BE ELIMINATED BECAUSE PEOPLE ARE CONCERNED BECASUE IT LOOKS LIKE A. TEMP , SET ASIDE AND IT IS UNLIKELY THAT IT WOULD BE WPOSSIBLE FOR.. THE FARMER TO BUY BUT A DEVELOPER COULD BACK. HIM. TO BUY TT BACK, IT COULD AFFECT SOME PEOPLES VOTE ON THIS . WE GET THE FEELING THAT PEOPLE WANT THI S TO BE PERMANENT , VERLA, if we do not accept this could be buy the residual rights , Marvin said that we could do the adm/sh that we not include the buy/back VOTE: ALL #4 dwjsh TILL #5 vote for close to urban areas vi/ag ALL #6 it is intent to favor purchase over lease PASSED OH VOTED NAYE P. PROPESOIONAL ASSISTANCE DW/Vif ALL C. PREBENTATION O FINAL DESIGN OF SOUTHERN NUMAN SERVICES Hakan and Cor1ey guy : floAihility and shared functions , particularly shared meeting space , The large meeting room is slighty laiger than the owasa room with a bode desks . That is not a part of the actually space , he pointed out major changes , jThey ace in the intake funtions . There is natural light in many places in this willhoit — energy concoru—what recycled material aro being planned , guy indicated that that is part oF the net stage of tellis plan to determine what recycled materials they will use , alien . what are the possibilities of change the colous/bricks , Vane would like it softened up a little vi/sh MOVED THE RECOMMENDATION VOTE: ALL THEY WILL COME BACK TO REPORT AGAIN REPORTS : B „ REPORT PROM VILENCE REDUCTION AND CONFLICT RESOLOT (ON TASK FORCE EILEEN KUGLER— showed a copy of the repo Find a copj/ of the repoLt* domestic violence prevention was their. 5ssue . They conducted a precepi: l on sureey r'')d32 returned and the mcwa Fete i Ling result was that the most frequent and serious for young peopl. e was the same as for the high schol at ***got the 15st of conflict*** the recommendatens are 9/10 in the report they revolve around STEVE _ 100% ON THE MONEY , , „ violent situation tghis report will go the the bane and be merge with 'the information with the forum, a press runt will be held next week . veria . . . what are the next steps _ coolabeEnLe with hsac , we must move toward implement so of this stuff , ***ACCEPTED THE REPORT ST/OW MOVED TO ADJOURN ALL B . I 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. .X-A ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Cable TV Franchise Renewal Process and Cable TV Survey Results DEPARTMENT: County Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Albert Kittrell 1. Cable TV Franchise Renewal Process TELEPHONE NUMBER- 2. Cable TV Survey Results Hillsborough -732-8181 Chapel Hill -968-4501 Mebane -227-2031 Durham -688-7331 PURPOSE: To approve Cable TV Franchise Renewal Process and receive Cable TV Survey Results. BACKGROUND: The Cable TV Citizen Advisory Committee has established a timetable and process for Cable TV Franchise Renewals of Cablevision and Cablevision Industries (CVI) . The franchise agreements with both cable companies expire February 24, 1996. The Cable Committee has discussed cable TV issues since April 1991. The Cable TV Franchise Renewal Process began on March 15, 1994 when the Board approved the dissemination of a Cable TV Survey. In April, 1994 a random survey of 3,000 County property owners was conducted. More than 900 residents responded to the survey. Respondents were generally satisfied with both cable companies; however, a majority expressed concerns about the converter boxes. Also, respondents would like to see more local programing on public access cable. County government, schools and other educational programs were highlighted. Bob Gwyn, Chair of the Cable TV Committee, will present the findings in detail. RECOMMENDATION(S) : The Manager recommends that the Board approve Cable TV Franchise Renewal Process with the understanding that dates for certain steps may be revised. 2 ATTACHMENT I Timetable Cable Television Franchise Renewal Process March 15, 1994 Cable Television Survey Approval (Board of Commissioners) April 4, 1994 Cable Television Survey Mailed (County Staff) .April 25, 1994 Cable Television Survey Returned May, 1994 Compile Survey Results (County Staff) September 20, 1994 Report Survey Results and Franchise Renewal Process to BOCC October 5, 1994 Public Hearing-Hillsborough (BOCC & Cable Committee) October 12, 1994 Discuss Request for Proposal (TJCOG Representatives attend meeting) November 9, 1994 Finalize Requests for Proposal (Cable Committee) November 30, 1994 County Attorney Review Requests for Proposal December 16, 1994 Submit Requests for Proposal to Cable Companies Identify Negotiation Team (Cable Committee) February 11, 1995 Responses to the Proposal (Cable Companies) March 6, 1995 Public Hearing - Hillsborough (BOCC & Cable Committee) March 20, 1995 Negotiation Begins (Negotiation Team) CTVTIMEL ATTACHMENT II 3 CABLE TELEVISION SURVEY-RESULTS (896) 1. Does your television have: 541 cable 60 satellite dish 187 antenna (outside) 151 "rabbit ears" 2. If you have cable, which cable company do you have? 484 Cablevision 59 CVI 355 Do not have cable 3. If you do not have cable, would you like to get it? 189 yes 148 no IF YOU DO NOT HAVE CABLE TV SKIP TO QUESTION #9. 4. If you have cable, what kind of reception have you had within the last year? 137 no problem 115 poor picture 224 uneven sound level between channels 199 frequent outages ✓ other (describe) 5. On a scale of 1 to 9, with 1 being "poor" to 9 being "excellent" , circle the one number that best indicates the quality of your reception. POOR EXCELLENT Cablevision 1(4) 2(7) 3(23) 4(43) 5(71) 6(98) 7 ( 118) 8(74 ) 9(35) CVI 1(0) 2( 1) 3(0) 4(1) 5(6) 6(5) 7(21) 8( 10) 9(9) 6. What is your experience with customer service? 274 satisfactory 32 long wait for installation 170 can't get through on the phone 47 long wait for repairs 52 ; billing problems ✓ other (describe) 7 . On a scale of 1 to 9, with 1 being "poor" to 9 being "excellent" , circle the one number that best indicates the quality of customer service. POOR EXCELLENT Cablevision 1(4) 2 (7) 3 (23) 4(42) 5(70) 6(99) 7 ( 117) 8(74 ) 9(35) CVI 1(0) 2 ( 1) 3(0) 4( 1) 5(6) 6(5) 7 (21) 8( 10) 9(9) 4 8. Cable services may be upgraded, what improvements would you suggest? 2 the system is fine as it is 385 get rid of tuner box (converter) and/or separate remote 267 even sound levels across channels 223 less frequent outages 340 be able to watch one channel and record another 204 be VCR+ compatible 301 be compatible with cable-ready TV or VCR 15 no opinion ✓ other (describe) 9. Would you like to have the following meetings televised? Orange County Commissioners Meetings 540 yes 249 no School Board Meetings 498 yes 268 no 10. What types of new programs would you like to have on cable? see attachment question 10 comments 11. Would you like to have local programs concerning Orange County information and entertainment such as: 318 High School cultural and sports events 435 Information from County Government (e.g. Cooperative Extension Services, Health, Employment, Library, Recreation and Parks, etc. ) 364 Adult and K through 12 educational programs ✓ Other (describe) 12 . Please give the name of the road, street or area where you reside. 13. Any other comments. 5 Question 10 - Cablevision's Customers NEW PROGRAMS SUGGESTED BY CABLEVISION'S CUSTOMERS 1 200 channels 2 Add multi language channels, less home shopping and old 3 movies, add SF channel 4 Agricultural, farm oriented shows 5 At least one ( 1) full time Christian station, such as 6 Goldsboro has. 7 Better "regional" sports coverage channel(s)-such as Sports 8 South on HTS. 9 Better family entertainment, less blood/guts! 10 Better programming in the early evening. 11 Better than is what is on now. Not a lot of movies 12 repeated more movies. 13 Boxing (More) 14 Bravo (Cable network) 15 Bring back HTS 16 Channel 2 and Channel 12 WXII. There are no stations west 17 of Durham available. 18 Channel for action type movies/programs. 19 Children (student) production through schools. 20 Children's 21 Christian Channels, Channel 16 22 Christian programming (currently available in Durham 23 County 24 Classical music, travel, geography, historical 25 CMT, Country Music Television 6 26 College level language, Finance, Continuing education 27 programs 28 College-level instructional programs. 29 Come down on rate 30 Comedy Central 31 Comedy Central 32 Comedy Central, The Cartoon Network 33 Comedy Central, Sci-Fi Channel, Romance Classics 34 Comedy Channel 35 Comedy Channel 36 Comedy Channel, Learning/Discovery Channel 37 Comedy Channel, NASA TV, Sci-Fi Channel, Cartoon Network 38 Comedy Channel, Adult Contemporary Music Channel 39 Comedy channel, Bravo 40 Comedy, Educational, Adventure 41 Continue nature oriented and scientific 42 Country Music Video Channel-CMTV, Comedy Channel, Cartoon 43 Channel, VH1 Video Channel 44 Country Video, Science Fiction 45 Court TV 46 Court TV 47 Court TV, and other current events 48 Court TV, Comedy Channel, VH-1, Sci-Fi Channel, Something 49 on the Mysterious Channel 8 that is reserved for a 50 Hypothetical station of the future. 51 Decent programs 52 Don't watch much TV 7 53 Educational 54 Educational 55 Educational - History - Entertainment 56 Educational and recreational 57 Educational such as Discovery 58 Educational/Adventure/Nature *Spanish language channel 59 Educational, "How-To" , (building, crafts, etc. ) Foreign 60 programs 61 Educational, like W-UNC, etc. 62 enough right now. 63 Expand the channels for one base price. 64 Family 65 Family & drama 66 Family oriented, less violent. Multi cultural history, 67 world, national, state, local programs dealing with 68 geography. Get rid of sex oriented soaps and movies. 69 Family shows 70 fewer commercials 71 Fewer community generated useless programming hours. 72 Fitness/exercise 73 Foreign country news programs (ie. SCOLA) 74 Foreign Language (eg. French) Channels 75 Foreign movies, French, Russian, German . . . More tennis 76 on sport channels 77 Game show channel, SCI-FI without extra charge 78 Get rid of ESPN2 . It is a waste of space. I would enjoy 79 the Science Fiction Channel. Also, either HTS or Sports 80 South. 81 Good moral programs; more news about Commissioners' plans 82 for Orange County. 8 83 Good movies (less commercial interruptions) 84 Health care & medical 85 Higher quality programs, too many sitcoms and crime stories 86 Higher quality local public access. All the local radio 87 stations (main ones; 1360, 680, 620, WUNC) . Film libraries 88 of classic and foreign films; Re?? news on line. 89 Historical, Educational, Movies 90 History-History Channel, Arts-Bravo, Sports-Sports South, 91 Movies-Turner Movie Channel 92 "Home Show" backl0 More western 93 movies and family entertainment. ( 1st - 5th grade) 94 Home Team Sports 7 days/week 95 Home Team Sports - Soccer 96 How to type programs on Art, Crafts, (wood carving) , Music 97 Course & Seminar coverage from UNC, State, Duke 98 HTS 99 HTS all week, Greensboro stations (2 &/or 8) 100 HTS full time 101 I can get any kind of programs I want now. 102 I don't know of any new programs, but I would sure like to 103 see fewer cartoons and re-runs. (i.e. Andy Griffith) 104 I think there are entirely too many channels already - high 105 cost of top level of service is justified on basis of many 106 channels - but most of them are junk. Channels offered at 107 intermediate price level are not especially interesting & 108 there is big cost jump from basic service to top tier. I 109 wish they would stop adding channels and raising the cost. 110 I would like for some governmental body to have guts enough 111 to say no to the profanity, violence, and sexual innuendo 112 that pervades every aspect of commercial television. Your 113 lack of responsibility is producing generation of children 114 that simply lack a recognizable value system. All of this 115 is in the name of personal freedom. I don't propose to 116 impose my values on anyone else. But programming AND 9 117 ADVERTISEMENTS FOR SUCH PROGRAMMING should be restricted 118 and pay for view. Spare the rest of us to struggle with all 119 the other negative influences and not have our homes 120 invaded through your black box. - Roger Brown 121 I would like more medical events and education. 122 I would like to have Star Hustler on during the day hours 123 vs. 12 : 30 every Sun. night. 124 I would like to have programs where there is not charge for 125 movies. I feel like that is what I have cable for. 126 I would like to also get Channel 1 (CBS affiliate) in 127 Greensboro, and Channel 8 in High Point. 128 I 'd like to have Channel 2 and WWOR and HTS in lieu of 129 Channel 40, ESPN2, and QVC. 130 Items like those listed in #11. Community events calendar. 131 Comfort screens like a fireplace with fire burning, an 132 aquarium, the beach. 133 Job listings at Employment Security Commission 134 Language classes 135 Less sports, more movies 136 Less violence & higher caliber programs in general 137 Less violence more animal/nature programs 138 Less violent, family programs like pay per view. Someday I 139 may even order a movie. 140 Like to have Court TV channel and El channel. 141 Live court cases 142 Local events: sports, concerts, e.g. local sports, ie. 143 racing, auto; family shows; Educational shows 144 Lots of sex, Adam & Eve type videos 145 Mini-series, nature, documentary, sports 146 More arts and cultural programming, ie. concerts, classical 147 music, etc. 148 More channel options at no additional fees 10 149 more children programs 150 More children programs without having to pay like 151 "Disney! "? (Disney?) 152 More children's programs. 153 More classical and jazz music; British comedy, drama, & 154 mystery; foreign language shows 155 More competitive home shopping, continuing education 156 dealing solely with the U.S. constitution. 157 More Discovery "type" channels 158 More diversity in basic service - 2 C-spans? Bring back 159 Learning Channel. 160 More documentaries, historic programs, science & astronomy. 161 Sports events other than football, basketball, and soccer. 162 More European documentaries. 163 More educational programs and comedy shows for children. 164 Remove violent, sex and bad language programs. 165 More educational 166 More educational programming, also VH1 167 More educational channels, such as Mind Extension 168 University 169 More educational programs (i.e. National Geographic, 170 Discovery Channel, A & E) - Less violent and sex related 171 programs. 172 More family oriented, less sex, profanity, nudity, violence 173 More family oriented programming. More educational 174 program. 175 more family shows, e.g. movies of decades earlier than the 176 70's, 177 movie classics, current events information. 178 More family type shows 179 More family variety type. 180 more independent stations 11 181 more Learning related (24 Hours) , Focus on Science & Math 182 more local cable access 183 more local programs 184 more movies and gospel singing 185 More movies, more educational TV, more TV that is 186 APPROPRIATE for children! 187 More musical (classic) programs; No more programs like QVC! 188 More non-commercial children's programming. 189 More of the channels with programs rather than blanks 190 non/pay. 191 More old (classic) movies 192 More opera & more Symphony Orchestra programs. 193 More pay per view options. 194 More pay per view, more educational 195 More programs detailing Orange County's long range plans. 196 More programs like the type that are on PBS, more 197 documentaries, educational programming 198 More programs on local/state politics, Christian shows, and 199 quality cultural programs plus Andy Griffith, My Three Sons 200 More programs suitable for children 201 more Public/Educational TV 202 more quality children's programs. 203 more quality, educational, children's programs 204 More religious programs 205 More religious-at least 1 all religious program 206 More serious drama, more news or PBS-type services. Music 207 programs, more channels from other cities, less sports and 208 advertising. 209 More serious, in-depth stories about foreign countries and 210 our relations with them. 12 211 more sports, first-line old movies, (not the same old 212 repeats. ) 213 more sports, more movies 214 More super stations, such as Chicago 215 More UNC station programs 216 More up to date movies on Show Time and other channels 217 Friday & Saturday nights 218 More versatile movie channels. We have been exposed to 219 many second rate movies repeatedly. 220 more western, mysteries 221 More westerns, good clean programs 222 More westerns. I'm a biker (gold winner) . How about 223 something on this. Also into crafts and wood working 224 projects with no fancy equipment. Get rid of reruns. Also 225 up coming weekend events like bike shows and happenings in 226 area. 227 More wholesome family viewing, more Christian channels 228 (X-TBN- Trinity Broadcasting) 229 Movie Classics - no interruptions 230 movies - on basic cable, local car racing coverage 231 Much less sex and violence. More programs that affirm the 232 worth and responsibilities of individuals. 233 My husband would like more volleyball games none 234 None-Banking and buying by TV is not needed. 235 OK as is. 236 Old movies that don't cost extra 237 Orange County calendar of events, local cable access. 238 Agriculture, NC State with focus on lawns and gardening. 239 Transmit various radio stations. 240 Playboy Channel, (Not pay per view. ) 241 Programs are good now! ! 13 242 Programs of more moderate political views, e.g. , counteract 243 leftist social democrat domination of PBS and major TV 244 networks. 245 Public access channel (subscriber made shows) 246 Public information - "How To's" - More cultural diversity 247 Public Service & Political & Social Issue discussions, 248 debates, etc. e.g. Growth in Orange County, Farmland 249 Protection, Historical Significance, etc. 250 Put home team sports back full-time. Computer oriented 251 -?( ?) Channel 68 (in the Raleigh paper) 252 Quality news analysis; Quality children's programs eg. Long 253 Ago & Faraway; Classic movies; Good family movies 254 Same as now is fine. 255 Sci-Fi Channel, VH-1 Music Channel 256 Sci-Fi Channel, Turner's Oldies, Comedy Channel 257 Sci-Fi, LMT 258 Sci-Fi & Comedy Channels 259 Sci-Fi (no charge) 260 Sci-Fi Channel 261 Sci-Fi channel! Shows about UNC programs, ie: what 262 departments are working on in Medl, Public Health, 263 Computer, Science, etc. 264 Sci-Fi Channel, Full-time home team sports 265 Sci-Fi Channel, Comedy Channel 266 Sci-Fi Channel, More nature 267 Sci-Fi channel, which Cablevision don't have CVI has it. 268 Sci-Fi Channel; Bring back Home Team Sports 269 Science 270 Science Fiction Channel 271 Science Fiction Channel, Comedy Central 272 Science Fiction channel 14 273 Science fiction channel 274 Science Fiction Network, Comedy Network 275 Science Fiction 276 Science Fiction, Movies 277 Science, Math 278 Scientific, Discovery type up-dates 279 SciFi Channel 280 SciFi channel CMT VH1 281 SciFi Channel 282 SciFi Channel, Comedy Channel, Cartoon Network 283 Selection Okay, a la carte rates are too high! 284 SiFi Channel 285 Some cable systems have a menu for shows airing each day. 286 Spanish & French programming 287 Spanish Programs 288 Spanish station for the soccer coverage 289 Spanish TV, Romance Classics (a new channel) . 290 Special interest, computers, auto repair, home improvement 291 shows. 292 Sport South Network 293 Sport(? ) South 294 Sports 295 Sports South instead of ESPN II. 296 Sports South, Comedy Central, No ESPN2, VH1, CMT 297 Televise Duke games more. 298 The Comedy Channel, more comedy programs, more women's 299 sports, HTS 300 The Comedy Channel, The Travel Channel 15 301 The new food station that is just coming out. 302 The Sci-Fi channels 303 The selection of channels is terrible! Please bring us the 304 Comedy Channel, Bravo, El , or anything new. 305 too many commercials; more sports coverage; more day 306 exercise programs. 307 Too much on already, how about more educational program, 308 seminar. 309 Travel 310 Turner Classic Movies, Bravo Channel, History Channel 311 Turner Classic Movies, Science Fiction Network 312 Two-way networking, ability to connect to my work computer 313 from home, and/or video games, etc. 314 Univision-Spanish Channel, SciFi Channel 315 Unsure 316 Variety of programs is fine. 317 VH-1 318 VH-1 319 VH-1 (but leave on MTV also) 320 VH-1, Channel 8 321 VH-1, Comedy Central, Bravo, Court Channel, the Sci-Fi 322 Channel, Cartoon Network, Etc. 323 VH-1; SciFi Channel; El 324 VH1 325 VH1 326 VHI, Sci-Fiction 327 Want more channels like Raleigh Cable, SciFi, Cartoon, etc. 16 328 We get about 7 hours of news a day. I would like to see 329 them cover more of this area. (Hillsborough) If I see a 330 fire or an accident around here, I would like to know what 331 happened. Give more local news. Please not more news 332 hours, just more local. 333 We have all we need. 334 We have relatives in Nashville, TN & they have 56 channels 335 and no converter box. We recently visited N.J. and the 336 people we stayed with had 64 channels and no converter box 337 and at less cost then we pay. 338 Wildlife programs that are free. The old channels that 339 were free when your service first was offered to use. TBS, 340 etc. 341 Women's sports ie. Volleyball, Basketball, Colorado's 342 Silver Bullets Baseball (Women's) 343 WOR, HTS all week long, Cartoon Network, SCIFI Channel, 344 Comedy Central 345 Would like the same services offered in Durham-it is the 346 same company-such as VH-1 347 Would like to return to HTS 348 (W) WOR ACTS 17 Question 10 - CVI's Customers NEW PROGRAMS SUGGESTED BY CVI'S CUSTOMERS 1 Better movie channels with no extra fees. Example: ShowTime 2 Channels - VH1 & Cartoon (24-hr. ) 3 CMT-County Music Television 4 Educational true documentaries 5 Educational, Classical/Opera 6 Family movies. More Christian programs. 7 Golf Channel 8 History, cartoons 9 I would like for Playboy, ShowTime Channel to be available 10 and more, but not to have to increase monthly payments. All 11 channels should be available with the price we pay. 12 More (PG) Less (R) 13 more Christian programs 14 More family & educational 15 More family movies, without 4 letter words 16 More free programs with a lower rate. 17 more independent stations 18 more sports 19 More Wildlife Programs. 20 none 21 Programs on Govt. waste. Perhaps Rush Limbaugh. 22 Shows without violence and more family programs, good clean 23 movies. 24 Some programs are fine, just that they either come on once or 25 either they come on at odd times or times when people are 18 26 away from home. 27 Programs need to be designated to the public more. We are 28 what makes them. 29 Sports 30 Take off the Spanish Network. Put on Channel 16 from 31 Raleigh/Garner. 32 Things that have "nice" talking. 33 VH-i 34 vH-1 35 VH-1, CMT 36 VH1 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No x(-13 ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Chapel Hill/Carrboro School District - Plans for New Elementary School DEPARTMENT: County Manager PUBLIC HEARING YES NO x ATTACHMENT(S) : INFORMATION CONTACT Manager' s Office ext. 2300 CHCCS Information on Elementary TELEPHONE NUMBER School Plans (under separate cover) Hillsborough 732-8181 8/30/94 CHCCS Report (sent with 9/6/94 Chapel Hill 968-4501 agenda) Mebane 227-2031 Draft 9/22/94 CHCCS Resolution Durham 688-7331 Draft Policy on School Startup Costs PURPOSE: To consider the amount of financing the Board of Commissioners will seek for the proposed Chapel Hill/Carrboro City Schools elementary school. BACKGROUND: At the September 6, 1994 meeting, the Board of Commissioners received a report from the Chapel Hill-Carrboro City School System concerning planning for a new 624 student elementary school to be located adjacent to the McDougle Middle School. The System would like to secure construction bids for this project by November 1994, with completion of the facility scheduled for the summer. of 1996, for opening for the 1996-97 school year. During the 1994 short session of the Legislature, the General Assembly authorized Orange County to secure installment financing for new school construction. The financing options for installment purchase include certificates of participation (COPS) or private placement. The procedures required by the Local Government Commission for both types of financing are similar, although COPS can take up to one additional month to receive the funds, and issuance costs are higher than private placements. Private placement financing issuance cost is lower, but the County is limited to a maximum amount of $10 million of tax-exempt debt using this financing mechanism. Once the Board of Commissioners determines the amount to be borrowed for the construction of this school, securing the financing will take approximately two months. The first step will be for the Board to adopt a resolution authorizing staff to proceed with the financing request for proposal (RFP) process. Staff will then begin the process with the Local Government Commission. In days 30 to 60 of the process, the formal application for financing will be filed with the Local Government Commission. The Board will need to hold a public hearing on this financing plan. In addition, the real property must be conveyed to the County and the agreement between the County and School District finalized. County staff will review all financing proposals and make a recommendation to the Board of Commissioners. 2 The Chapel Hill-Carrboro Board of Education is scheduled to consider adoption of the resolution on pages 3-4 of this abstract at their September 22 meeting. The resolution would be included as supporting documentation for the school financing application that must be submitted for approval by the North Carolina Local Government Commission. During 1994-95 budget worksessions in June 1994, the Board asked staff to draft a policy relating to the funding sources for startup costs for new schools. As the Board deliberates the amount of financing that staff should pursue for the new elementary school, it may want to consider adoption of a policy on funding of school startup costs as well. RECOMMENDATION: The Manager recommends that the Board of Commissioners determine the amount of financing the Board is willing to pursue for this project, and direct staff and the County Attorney to take all necessary legal and procedural steps to assist the Chapel Hill-Carrboro City Schools to implement financing and construction of the new elementary school. 3 CHAPEL HILL-CARRBORO CITY SCHOOLS Lincoln Center, Merritt Mill Road Chapel HiII, North Carolina 27516-2881 Telephone: (919) 967-8211 Nell G. Pedersen Ann Y.Hart,Assistant Superintendent Superintendent of Instructional Services Cheater F.Preyar.Assistant Superintendent of Support Services TO: Board of Education FROM: Neil G. Pedersen Superintendent RE: Resolution Requesting County Commissioners to Provide Funds to Construct New Elementary School DATE: September 22, 1994 The County Manager's Office has requested that the Board of Education formally pass a resolution requesting that the County Commissioners provide adequate funding to construct a new elementary school. This resolution is required as one of the steps which must be followed to secure financing. The wording contained in the resolution was reviewed by the County Manager's office and complies with the legal requirements. RESOLUTION: Resolution requesting the Board of Commissioners for the County of Orange to provide for adequate funding to construct a new elementary school in the Chapel HiII-Carrboro City School System. Be it, therefore, resolved by the Chapel Hill-Carrboro City Board of Education: Section 1: The Chapel Hill-Carrboro City Board of Education has determined and found as fact that adequate school facilities are not now available in the Chapel Hill-Carrboro City School System to comply with requirements of Section 2, Article IX of the constitution of North Carolina for the maintenance of schools, ten months in every year and that it is necessary, in order to maintain such ten months' school term as required by said Section 2 of Article IX of the constitution, to provide adequate school facilities in said unit by erecting an additional elementary school, furnishing and equipping thereof, and developing such land, the estimated cost of which is $10,646,915. 4 Section 2: The Board of Commissioners for the County of Orange is requested to take all necessary steps, by the issuance of bonds or otherwise, in order that funds may be provided for a new elementary school. Approved by the Chapel Hill-Carrboro City Board of Education in regular session on Thursday, September 22, 1994. NGP/asb 5 ORANGE COUNTY BOARD OF COMMISSIONERS DRAFT POLICY # ADOPTED: JUNE, 1994 REVENUE SOURCES FOR STARTUP COSTS ASSOCIATED WITH NEW SCHOOL SPACE It shall be the policy of the Orange County Board of Commissioners that funding of startup costs associated with new schools or additions to existing school facilities will derive from the following sources: Category I - For school facilities funded fully or partially by bonds, bond proceeds will be used to the maximum extent possible to purchase startup furnishings, equipment, furniture, machinery, data processing/automation items, and other instructional apparatus. Category II - Pay-as-you-go funds, including sales tax proceeds, will be used for the purchase of all startup equipment, furnishings, and supplies not funded through bond proceeds. Category III - Property tax proceeds will be used only for ongoing, annually recurring costs, such as personnel and utilities . This policy should be construed as expanding the specific purposes for which pay-as-you-go funds may be expended for school capital projects. DRAFT r cy.,?0/g To: County Commissioner County Manair-- From: Pam Freese Date: September 20, 1994 Subject: Support for the Proposed New Elementary School I am dismayed to learn that the proposed new elementary school,the first in the Chapel Hill/Carrboro School District in 22 years,may be compromised in reaction to negative publicity about a square foot equation. A careful review of the facts will show that the incremental space is needed for key programs and uses including: • Flexibility to become a multi-track year-round school • The rooms for grades K through 3 have the same amount of space providing flexibility to accommodate programs and changes in enrollment. • Space within each room to support teaching methodology • Team teaching • Learning centers or stations • Space for technology • Computers • Television monitor • VCR • Teacher workspace and classroom storage • Afterschool program needs. With the current design all classrooms could be used for Afterschool groups. Last year I co-chaired a task force to expand the current program in order to eliminate the significant waiting lists. In spite of our efforts three schools(Carrboro,Frank Porter Graham, Ephesus)still have approximately 50 students each on the waiting list. Already the computer lab and dance or creative movement room have been eliminated even though other schools in the district have them. It's important to remember that many families select Chapel Hill/Carrboro (over Durham,Raleigh and Cary)because of the reputation of its school system. My family chose Chapel Hill in spite of the higher housing costs and taxes because we believed in public education and learned that Chapel Hill/Carrboro offered the best in the area. To date we've been pleased with our children's experience. My son,Benjamin is a sixth grader at McDougal Middle School. He was excited,but anxious about attending Middle School. He is now a proud, enthusiastic "Trailblazer",excited about his teachers, classes and projects. We attribute it to both the McDougal staff and the school facilities. Everyone should take time to tour this new school to view the results of thoughtful planning. You'll see that the construction is solid,that it's designed for flexibility,that students have access to important technology, and finally,that it creates the kind of atmosphere that encourages learning. Support for the Proposed New Elementary Schoo109/20/94 Page 2 Frankly it's hard to believe that you'd compromise your first opportunity(in 22 years)to build a new elementary school that's designed to meet the needs(present and future) of the students. Your desire to reduce adverse publicity now must be weighed against what it would take to rebuild the reputation of the Chapel Hill/Carrboro School System. J7,f • 9 . .P0 --q71 Presentation to OCC 20 Sept 94: Louise E. Cole 967-4314 Community Pride;when you have a school in your neighborhood,it brings a certain amount of community pride. It also raises the value of the surrounding land and it lends a certain amount of community involvement. In the whole Chapel Hill school system there is no school in a predominantly mixed race neighborhood. What are our administrators trying to tell us? Are we becoming a Village of Snobs? Information I've received from the 1992 Tax Watch Proposal: Lincoln Center has 69,282 square feet of space with a gymnasium,cafeteria and 10.7 acres of playing fields. Fifteen thousand ft2 of this space is being used by the Head Start Program(supposedly being moved to the new elementary school). Do you realize that that gives 1358 square feet of space to each of the 51 administrators at Lincoln Center? If you conservatively gave each child 120 square feet,you could house 577 students,teachers and staff at Lincoln Center. If you were more liberal and gave them 140 square feet,you could still house 499 children. These renovations could be completed in less than a year therefore releiving the overcrowding at the elementary level one year earlier than the proposed new school. Lincoln Center was built with cinder blocks,brick and mortar. The building is in extremely good condition. Tax Watch's proposal to renovate it at the cost of $1 Million,possibily$1.2 Million now in 1994 is most reasonable,and should be very carefully considered. One of the reasons the School Board nixed this idea was the high cost of office space in Chapel Hill. This is no longer a valid excuse. With technology today,mobile units could be placed in clusters on any one of the spacious grounds of the schools at a very minimal cost for the 51 administrators. Several other town buildings have also been proposed. State Law prohibits the use of Certificates of Participation for building new schools. "Someone"got a waiver for this and you are prepared to raise our taxes without a Bond Referendum. Have any of you looked at the Economic Indicators of our immediate area? Tax Watch's proposal was right on the money with it's demographic study,looking ahead 2 years hence. Not so the School Board's. Are you aware that IBM is in the process of decreasing it's staff by 2000. in the triangle area? Duke Hospital is reducing it's staff by 1500 in the next 18 months,Durham County General,by 200 shortly,and Northern Telecom is in the process of reducing it's staff. American Airlines has cut back numbers of flights. There are others reducing or closing. Supposedly these Certificates of Participation will partly be funded with 70%of Orange County's Sales Tax Base over the next two years. I feel a pinch coming on with the new Wallmart being built just over the Orange County Line. The Tax base will go to Durham County,not Orange County. With six children,I for one will be shopping there. Home Depot will also be opening in Durham County soon. Speaking of Tax Base, why go to Raleigh for an Architectural Firm when we have several right here in Orange County. Wouldn't the$800,000.00 help our tax base if it was paid to a business and people here in our own county? Why are we increasing other's tax base when we need it to pay for this new school? The State of NC has mandated that by the year 2000 only 100 school boards will be funded,that's one per county. Also with the "goals 2000",all schools in all systems have to be equitable. I do not doubt this elaborate,architectural masterpiece won awards for design,but can we afford to upfit and upgrade all of the schools in our county to this standard of opulence? Why are we not thinking about a merger of the two school districts? The year 2000 is fast approaching. Our infamous School Board is constantly complaining about how important it is to be progressive,and they are willing to do it with our tax dollars. May I remind you that on a National Level, Outcome Based Education otherwise known as"Curriculum Restructruring"in Chapel Hill,is failing at a dismal rate. Schools have poured Billions into new schools, restructuring etc only to have lowered SAT scores and an increase in the dropout rate. Nationally employers are saying, "Send us someone from High School that can fill out an application!!!". OBE and it's cohorts are failing Nationally;and right here in"River City". John Leo said it best, "you cannot give self esteem,it has to be earned with hard work and committment". OBE takes away the hard work and committment. Standards are lowered,abilities are diluted. In this School District,in 1992 the requirements for induction into the National Honor Society were lowered. The SAT scores have gone down two years in a row since then,which has not happened in 20 years. Peter Morcomb and Alan Belch talked about these at the last School Board meeting. I'm giving you a copy of their presentations. Our arrogant administrators are Putting Themselves First in this issue of a new school without consideration for community,for spending,for raising taxes,for utilization of what we already have,for future repairs on existing schools,or anyone else's opinions but their own. They are totally intolerant of many parents in the community,and well documented research,if in disagreement with them. For example, several law suits because of their lies,as in the case of Mr.Morcomb, law suits because of their lack of ethics and protocol, as in the case of Mr.Kryder, (now we have a third appeal;the judge also disagreed with them). Because of the school board's intolerance for conservative,American thinking groups like the Boy Scouts, we have yet another law suit,and the Service Learning Coordinator just quit her job. Another policy that was the laughing stock of the whole community,forced on parents against our wishes,was the Condom Distribution,tidily disguised as Aids implementation. Three thousand condoms were obtained,6 or 7 were distributed,and 2000 suffered heat stroke in the trunk of the nurses car. We entrust these people with our tax dollars,and they have shown us to be wasteful,intolerant,and futile with these entrusted funds. They say progressive,I say they are digging a hole,where we will not have the money for needed repairs and then you the commissioners will have to bail them out by raising our taxes. If this school is so badly needed,why doesn't the school board renovate Lincoln Center to take the burden off the elementary school this year,and then sell their elitist plans to the voters next year,the way they are supposed to. You our elected officials,hold the keys to their spending. If you do not make them accountable,then I promise you the taxpayers will hold you accountable when the money is nowhere to be found, and you have to raise our taxes again without proper representation. PeF: 0- `79 For presentation to the Chapel Hill Carrboro School Board Alan Belch, September 1 , 1994 Members of the school board and more importantly, parents and members of the community. Tonight, Putting Children First and others in the community who are interested in seeing all children succeed in school are embarking on an educational campaign about Curriculum Restructuring. Curriculum Restructuring is the title given to the Chapel Hill-Carrboro School System's attempt at Outcome Based Education, or OBE for short. OBE is an insideous attempt to control all aspects of the student's thought - both intellectual and affectional. It focuses on the outcome or end product rather than the input or the knowledge offered to students. One of OBE's strongest advocates and designers wrote that "the purpose of education and schools is to change the thoughts, feelings and actions of students." In order to do this, a series of outcomes which sound wonderful are designed. However, to meet these outcomes, steps are designed which have the effect of pulling children toward the school-defined value system and away from the family-based value system. Less emphasis is put on providing students those necessary factual building blocks from which to form thoughtful conclusions and more emphasis is put in controlling what those conclusions are. We just went through a year-long battle over academic freedom. It is unfortunate that the end result of curriculum restructuring will be academic slavery for our children. The administrators in the school system deny that their curriculum restructuring is OBE. In fact, they are taking great pains to avoid even whispering that word. Our intent over the next few months is to expose the Curriculum Restructuring process as OBE and compare it with other OBE programs which are failing from all over the nation. Putting Children First intends to define the confusing edu-babble terms which accompany the restructuring program - terms such as "exit outcomes", "new basis", "higher order thinking skills", "critical thinking", "mastery, "portfolios", "exhibitions", "authentic assessment", etc. In fact, one of the first sure signs of OBE, stealth or otherwise, is the use of deceptive and confusing language mischievously chosen to mislead parents. We will expose the real intent and meaning behind this supposedly innocuous vocabulary. We will outline the steps involved in implementation of OBE and expose how far we have come. School Within a School and the Essential School Movement with which it is joined is a prime example of one OBE program already in place. Multi-aged classrooms and revised report cards are others. The health curriculum and health services and Communities in Schools are another OBE intrusion. We will present actual Chapel Hill/Carrboro curriculum for your inspection. Putting Children First will present many examples from the various states where OBE has been and is being tried and is failing. Academic standards have decreased and costs have skyrocketed. The casualties are not the replaced educrats or school boards (although that is welcome), but rather the children. In attempting to prepare them for the 21st century, this educational OBE shuttle has blown up on the launch pad taking a valuable crew with it. Putting Children First will also present curriculum ideas that have worked, not only in our own school system but in other systems around the country. We emphatically state that any system with 25% of its high school students who are at-risk of failing and 80% of the black students who are at-risk needs to use proven programs that work. What pride do we feel to say we are the best system in a state ranked 48th in the nation? Finally, we are banding together with citizen groups from Orange County and the surrounding school districts to stop OBE right here and right now. And it can be stopped. Look at Virginia, look at Littleton Colorado. Let's make Chapel Hill-Carrboro Schools known for more than condoms, and gay studies, and recall votes, and blue-ribbon failing. Let's truly make OBE in Chapel Hill/Carrboro stand for Our Best Education. ?Pif 9' .>0 Presentation to Board of Education by Peter H. Morcombe at the Chapel Hill town hall on September 1, 1994 On August 25, I attended a press conference in Raleigh. Bobby Ethridge, our state superintendent of education was releasing the 1993/4 SAT results. Even though the state SAT average has only advanced by one point, he was very up beat because this was the fifth straight year of improvement. In 1989, North Carolina was 67 points below the national average and in 1994 we are 42 points down. The state has closed the gap by 25 points in 5 years. What has happened in Chapel Hill? Compared to the national average, our scores have dropped by 33 points since,1992. Superintendent Pedersen is reported to have said "They're in line with the results that we've had for the past five years, with the exception of two years ago when we had, it seems, an exceptional class." For the record, this year's SAT results are the lowest for 5 years. Not only are they lower than the "exceptional" 1992 results, but also the 1990, 1991 and 1993 results as well. CHCCS SAT POttsfTS ABOVE NATIONAL AVERAGE 160 — / 140 — / .r 120 100 83 111111=„adm= _ 60 — El 1\ PIPV 20 73 74 75 76 77 78 79 CO 81 82 83 84 85 66 87 89 :t 93 91 92 93 94 As you can see from the trend lines in the graph above, this school district struggled for 20 years to raise academic achievement. Now we have a group of administrators who are leading us in the wrong direction. In spite of repeated appeals, we cannatset thern_to focus on the academic mission. This administration puts politics and bureaucrats„,before students, teachers and parents. The result is declining achievement and increased alienation for our children. Let us make sure that we all remember this in November 1995 when the next elections for the Board of Education will be held. p 4.F OPPOSITION TO THE CHCCS NEW ELEMENTARY SCHOOL PROPOSAL Putting Children First continues to oppose the proposed funding of $10.6 million for the construction a new elementary school in the Chapel Hill-Carrboro City Schools (CHCCS). The cost is excessive for the need, usurps much needed contingency funds, bypasses the common consent of the citizens through the voting process, mortgages City School property to the County, and in no way guarantees a long-term solution to the problems of overcrowding and improving the academic performance of the students. In a published newspaper article last week, Superintendent Pedersen twice mentioned the fact that McDougle Middle School had been nationally recognized by winning two design awards. It is obvious with a $10.6 million request that he is seeking additional design awards in the elementary school category. We don't need an elite elementary school in an ever increasing elitist community. Is he conducting research on how many square feet of school space contributes to improved performance of at-risk children? According to Dr. Charles Weaver, Assistant State Superintendent for facilities, there are presently 6,039 schools in North Carolina. Seventy percent of them are at least 25 years old, 50% are at least 35 years old, and a significant number are at least 50 years old. He is working to promote recognition of the seriousness of the health and safety concerns of these buildings throughout the state, and to encourage funding and action at the state level to reduce the risks to our children. With the CHCCS proposal there will be no available funds to maintain existing buildings, perhaps for years to come. Two elementary schools in the CHCCS system are now almost 40 years old. You are aware of the recent elementary school fire in North Carolina that has been linked to aged electrical wiring. Do we want safe schools or do we want design awards? Only you as Orange County Commissioners can put a stop to the "spoiled child syndrome" the CHCCS district exhibits. For years it has been given whatever it has wanted. Its annual continuation budget request still does not get detailed scrutinizing, allowing discontinued programs to receive funding without accountability, such as the Phillips Middle School AG program last year. As we have mentioned before, there are feasible alternatives to the proposed new school to ease overcrowding for two more years that have not yet been given serious consideration. A promising one is to move the fifth graders to the three middle schools. Two years will be sufficient to conduct proper demographics, attain more accurate growth projections, determine accurate school needs, and prevent the confusion, chaos, and expected cost overruns that the simultaneous construction of two schools would bring, and allow for a proper funding mechanism through a bond referendum. It's time now to discipline the spoiled child and say "NoTM. Eugene C. Cole 967-4314 "Pilf 9/Porn Orange County Commissioners 20 September 1994 Good evening. I am John Reinhard, a Chapel Hill resident, taxpayer and parent of three children in the Chapel Hill- Carrboro city schools. I am here to ask you to send back for further consideration the request by the Chapel Hill-Carrboro city school board (CHCSB) for a 10.6 M$ elementary school. I oppose their request for several reasons. First, the proposal is unrealistically expensive and cheaper alternatives exist. These alternatives have never been seriously considered by the CHCSB. In short, they didn't do their homework. In contrast, Tax-Watch and Putting Children First have given serious consideration to the details. They are worthy of your attention. The most obvious is to renovate the Lincoln Center back into a school. The costs would be a small fraction of what is being requested and the more rapid removal of 400-500 students from the other elementary schools would greatly relieve the overcrowding. It would buy us some needed time in which to come up with truly credible alternatives, alternatives which are at present absent. Moreover, the facility is centrally located and, most importantly, WE OWN IT! There are no good reasons for opposing this idea. There is one.,.Atac, however. The current) bureaucrat residents would have to adjust to more modest offices than the obscene 1000 square-foot averages they now enjoy. I submit that we relocate the administrators in trailers and that we locate these trailers at the construction site of the new High School. Two purposes would be served by this. The administration could set an example by learning to make-do with less and Mr. Pedersen, being on-site, would not have any other excuses for construction which is not proceeding as scheduled. My second reason for opposing this request is that it is more than necessary for the task of education. Those who read Superintendent Pedersen's letter in last week's Chapel Hill Herald can better understand Mr. Pedersen's motivations. The real issue is not education but educational one-upmanship. We have been repeatedly told that the last school (the now- infamous McDougle Middle School) was an award-winning school. So it is. However, the awards were given before the school ever opened. These were architectural, not scholastic, awards. It remains to be demonstrated that children learn any better in architecturally award-winning schools than in more conventional structures. Consider, for contrast, the Duke Middle School on Erwin road. The architect of that school won no awards. The artichecture is the contemporary version of Quonset huts. Yet, in spite of the architectural poverty, Parents are waiting in line to shell-out the $6,000/year tuition. Why? The reason is what goes on inside the school, not the school. We don't need award- winning schools but award winning education. To confuse the two is to judge a book by it's cover. The problems which this system suffers from arise from weak curricula and poor leadership. No architect can solve these problems. My third reason is more symbolic. Do we want to make a public statement that we are The Haves, while much of this State struggles to fund schools which lack the essentials, like paper and pencils. They are The Have-Nots. Why therefore must we pay for three schools to get just one? Please compel the CHCSB to do their homework. Don't say yes in haste. Haste, after all, makes waste and we have altogether too much of that in Chapel Hill. Sincerely, John Reinhard 108 Linnaeus PI, Chapel Hill, NC 942-7811 2 ,,4 9/. o/'7 / September 20, 1994 Dear County Commissioners : I urge you to support the proposed elementary school project for the Chapel Hill-Carrboro Schools . The need for this school was considered "immediate" as long ago 1991 when I worked with the Orange County School Capital Needs Advisory Committee . At that time the district had already developed preliminary plans for a combined elementary-middle school . Based on specifications and recommendations from a large committee of both educators and citizens , this "dream school" was originally estimated to cost over $36 million. Members of the School Capital Needs Advisory Committee affirmed the immediate need and recommended several possible bond packages that included from $27-31 million to build an elementary and middle school in the Chapel Hill-Carrboro district . As you all know, various financial, strategic and political considerations resulted in a bond package that did not include an elementary school for Chapel Hill-Carrboro--but the need did not disappear. Now, several years later, McDougle Middle School has been built with $14 million from the 1992 bond, and the school district is asking for $10 . 6 million to proceed with the elementary school . Even with several years of inflation intervening, the total cost of the elementary- middle school project has now been scaled down to less than $25 million. I understand your duty to ask why this school should cost more than some other schools recently built elsewhere. The simple answer is that it will be a better school . The state provides minimum standards for school buildings, and many districts adhere closely to them. I wonder though how any school system can provide its students with a quality education if its sights are set no higher than "the minimum. " If the minimum is all that is needed for school buildings, why not save money also with teachers who have only the minimum qualifications and minimum experience? Why not save money by teaching only the minimum state curriculum with minimum materials? Why aim any higher than for students to reach only minimum scores on state competency tests? Chapel Hill-Carrboro citizens have demonstrated time and time again, especially with regard to education, that they are not satisfied with "the minimum. " When the School Capital Needs Advisory Committee toured the newly opened New Hope Middle School in 1991, everyone there was justly proud of their model facility, but they did express one regret . Although many special facilities were built at New Hope, the classrooms were designed to be close to the size specified by the state standards, which was larger for kindergarten and primary classes than for upper level classes . The rooms for older students, in particular, were quickly proving to be too small . Older students physically take up more space than kindergarten and primary students, and if one wants them to move around to work at computers and learning centers, their space requirements quickly exceed what is provided by state standards . The lessons learned are : (1) state standards for classroom size are insufficient, and (2 ) there is very little you can do to remedy a too-small classroom once it is built . All classrooms in the proposed elementary school meet or exceed the standards for kindergarten classrooms, so the space for older students should be more adequate and there will be maximum flexibility for classroom usage in future years as needs may change. The Chapel Hill-Carrboro school district has long considered its schools a resource for the entire community. Buildings are used not just by school children between 8 a.m. and 4 p.m. but by many other people for many other purposes . After school child care, youth and adult sports and recreation, continuing education for adults, religious services , community performances, parent meetings, etc . , all take place in our schools . For relatively minor additional investments in building facilities and space, our schools provide the entire community with invaluable assets . As I understand it, the financing mechanism chosen to permit the building of this elementary school will rely on pay-as-you-go capital funds for repayment . It seems to me that it is vital not to underestimate the amount of money required. For a school built with bond money, any unforeseen additional expenses can perhaps be covered by pay-as-you-go funds . But when pay-as-you-go funds are the sole source of money, any contingencies that must be covered will seriously impact ongoing operations . While many people in the Triangle area are reveling in the favorable limelight created by articles in Fortune and Money magazines, I am becoming very nervous about the strain on our school facilities which increased growth will bring. It seems clear to me that the explosive growth we are now seeing in our school district is a product primarily of families moving to this area. Year-round schools may accommodate some additional students in the short-run, but I do not see it as a long-term solution. Impact fees, or impact taxes, seem to be the fairest and most appropriate way to place the burden of new school capital expenses where the need is being generated--by new development in the district . I urge you to seriously consider increasing revenues from this source . If a result of increased impact fees or taxes is a reduced rate of development, as builders fear, then at least the burden on taxpayers will also be moderated. New residential development rarely contributes in taxes what it requires in cost of services, especially in regards to education. In 1991 you showed great forethought and courage in adopting a school bond package that included a second high school in the Chapel Hill-Carrboro district to meet the immediate need as well as to best accommodate future growth in the county as a whole. Do you remember how many people didn' t really believe there would be 2 , 000 high school students as early as 1996? Many members of the School Capital Needs Advisory Committee recommended only an addition to Chapel Hill High School to bring its capacity to 2 , 000 students . Think of the problems we would be facing now if you had chosen the more expedient option! I know the elementary school project seems expensive, but it has been needed, planned, and scrutinized for a long time. I trust that again you will make your decision based on a long-term view of what is best for our community, not just now, but over the next 50 years or more. This school building is needed quickly, but will be used by thousands of children and citizens for a long, long time. Thank you for your consideration. Sincerely, Nancy M. Salmon 1706 Claymore Rd. Chapel Hill, NC 27516 TF 3 CHAPEL HILL-CARRBORO CITY SCHOOLS Lincoln Center, Merritt Mill Road Chapel Hill, North Carolina 27516 Telephone: (919) 967-8211 Nell G. Pedersen Ann Hart, Assistant Superintendent Superintendent for Instructional Services Chester Preyar, Assistant Superintendent for Support Services TO: John Link Orange County Manager FROM: Neil G. Pedersen Superintendent RE: Information Pertaining to the Proposed Elementary School DATE: August 30, 1994 Enclosed is information which you requested pertaining to the elementary school that we are planning to construct in time to open for the -40 1996-97 school year. This facility has been discussed for at least the last three years with our Board as well as the County Commissioners. In 1992 we proposed that this elementary school be constructed as part of an elementary- middle school complex on Old Fayetteville Road. The project was temporarily derailed when the bond package included only a middle and high school for the Chapel Hill-Carrboro City Schools. Last year we had extensive discussions with your staff and the Commissioners about financing options for an additional elementary school. It was agreed that the County would issue certificates of participation which would be paid back through revenues generated from impact fees and appropriated in our pay-as-you-go budget. We also reviewed the design and square footage requirements with the non-binding task force and it was my understanding that we had reached consensus on a design which called for a facility which was slightly less than 100,000 square feet in size. Knowing that the school needed to be open for the 1996-97 school year, we have proceeded with the design process and will be ready to bid the school in November. This schedule is dependent upon receiving the necessary approvals on a timely basis from the County Commissioners and the Town of Carrboro. 4 I might add that as we opened school this year, all but one of our elementary schools is over capacity, even when mobile classrooms are included in the calculations. This summer we relocated two mobile classrooms to elementary schools and constructed two new classrooms at Seawell. We have no funds in our CIP for the construction of any future mobile classrooms. Consequently, we feel a real sense of urgency to proceed with the construction of this school. In 1992, we left the deliberations with an understanding that the target budget for the elementary school would be $10 million and we would receive an additional $1 million for technology through impact fees. As the budget stands now, we have projected a cost of $9,763,645 for the basic building and furnishings. To this amount we have added $550,000 for technology (with an additional $200,000 coming from the technology line in our CIP) and $333,270 for non-personnel start-up costs. The latter cost has been assigned to the project budget in light of the discussions between the Board of Education and the County Commissioners regarding what should be included in the capital budget as opposed to the operating budget. This brings the total to $10,646,915. Below is a summary of the enclosures: 1. Project schedule which would have the elementary school completed by June 14, 1996. Needless to say, this is a very tight schedule and is similar to the schedule for McDougle Middle School. 2. A layout of the elementary school. 3. A comparison of the proposed school with BEP standards and hypothetical profiles of schools provided by the Office of School Planning, State Department of Public Instruction. 4. A budget for the project as well as for start-up costs and on-going operating costs. Staff and school board members will be in attendance at the meeting of the Commissioners on September 6 to answer questions. We would appreciate an opportunity at that time to make a brief presentation on the design and square footage requirements. cc: Board of Education I I ... ,... . - ', f 1 ' E 1 - : i - 1 -t ___ O : 2 IA _ 4 1111 -. i . ,-. 1 Bi . .. •.' li i I g 111 i 1 1 _ iA, t f A , .; .i- • , i g I-, - , , 1 _ i 8 IP i i I i ; ..K, _ qp Cor) 1 i E- : 1..:' / ■,,-4 ___ I * Ill iki — 0 6m Owl 4- a . Li) 6 , n • r ., < < z :9 C IA 1 I — H ; E l' C 131 '-' z * ,-.e.. • ' • < — G. e., < e. < a I< i i G < < '<ow :4 :.',• t., ii i , 1 3 :1 ,,--- --I-- -' -.— ) - , 1.0 - 1 _ . 3 Li, C) LsF. ; -------4 . I. A i i Ig 1 — 0 ow* •■ 0 I * k Z 6: •.. cn co. 0 C 1..." , 4.4 " co i o.) cn 1... CZ CD •.... C ;7;11 ;.z. 0 C.) cn cn 4,..• cr) (...) .. _ 0: E 4..1 C vlovii Ca4 et CZ Zi 14 op) t,•••'1 + 1 t' CtIl Cl+ n 61 6 n pi. 6. tf) Old or+ .5.4 1 t ,.''' '; a. •,- cA > c c 0 WNW ri....4 ut .,..A !.., Cd I Ci. (" © ! - 1 c 6 PBC+L / TRSG PEARCE, BRINKLEY, CEASE & LEE, P.A. THE ROBERTS/STACY GROUP, P.A. Chapel Hill Carrboro New Elementary School August 4, '94 Project 995 / 141 PBC+L/TRSG Total Project Budget Cash Flow Date Activity A/E Billings Construction** Total 6-Apr-94 Partial Architectural Schematics 18,720.00 N/A 18,720.00 12-May-94 Final Architectural Schematics 31,634.00 N/A 31,634.00 13-Jun-94 Partial Design Development 30,128.80 • N./A 30,128.80 3-Aug-94 Final Design Development 85,751.20 N/A 85,751.20 6-Sep-94 Partial Construction Documents 77,253.33 NIA 77,253.33 5-Oct-94 Partial Construction Documents 77,253,33 NIA 77,253.33 3-Nov-94 Final Construction Documents • 77,253.34 N/A 77,253.34 5-Dec-94 Bidding & Negotiation 28,970.00 N/A 28.970.00 Subtotal 426,964.00 426,964.00 Jan-95 Construction - month 1 7,242.50 176,447.84 183,690.34 Feb-95 Construction - month 2 7,242.50 352,939.47 360,181.97 Mar-95 Construction - month 3 7,242.50 488,189.99 495,432.49 fi Apr-95 Construction - month 4 7,242.50 529,022.77 536,265.27 May-95 Construction - month 5 7,242.50 618,288.12 625.530.62 Jun-95 Construction -month 6 ' 7,242.50 618,288.12 625,530.62 Jul-95 Construction -month 7 7,242.50 656.931.13 664.173.63 Aug-95 Construction -month 8 7,242.50 792,181.65 799,424.15 Sep-95 Construction -month 9 7,242.50 837,553.69 844,796.19 Oct-95 Construction-month 10 7,242.50 837,308.96 844,551.46 Nov-95 Construction - month 11 7,242.50 669,812.13 677,054.63 Dec-95 Construction -month 12 7,242.50 515,240.10 522,482.60 Jan-96 Construction -month 13 7,242.50 489,478.09 496.720.59 Feb-96 Construction - month 14 7,242.50 399,31 1.08 406,553.58 Mar-96 Construction - month 15 7,242.50 799,31 1.08 806,553.58 Apr-96 Construction -month 16 7,242.50 440,496.79 447.73929 Subtotal 115,880.00 9.220,801.00 . 9,336.681.00 Total 542,844.00 9,220,801.00 . 9,763,645 00 ** Monies during construction include testing, permits, movable equipment and contingency. ..era Pea-e.?nnkdey,Cease&Lee.P.A. 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N II II u II P4 P-4 80 § 8 w 1-4 CO 0 '' N N •■ CU ri r-+ r-1 r-i 1.2 '1 a m u) v s" �p 5 ONC 7' In N �0.' Vt' � m 0 co c 'dI N 000 N ∎D tN- - ∎ tU LC) Cr, N � co N eC c� • T '., rr)r) c+) N --4 D■ N O 00 0 C.-. r-+ r-■ N 0r C II II II II II II II II II ca co N m0 NT c� ON r� 00 N a1 N rti r-■ N LC) l0 r-i r+ r-, r-4 S 1-1 r+ rti N N r--( u ,UU _ Q L U ti S W 0 N chi ,c) W (0' _� Q C cn I 'ti CV E o R O d�ell 2 0 �(I) C CO Q 0 u 'z 0 ch U C O O Q G C ..-7 t0 N c C ►� ti v Er) c cx .m � Z U E cC t, mi. ') Q 6 4 4 Q ct a) 0 c,' i ,� U 'E c o 'n ' t j G v o E O ` o a) o cc - . HO m al ).. o v a �, o o H 0H u3 H ga. caa °� Q •v o c � � � u as I, < w OXE� c'nL U w vZ) Uc� � *" w U U ZT 13 Proposed Elementary School Budget A. New Construction: 98,962 square feet @ $70/sf $6,927,340 Inflation @ 2.5% (Jan. '95 start) 173,184 B. Site Development: 98,962 square feet @ $6.00/sf 593,772 C. Fixed Equipment: 380,000 D. Movable Equipment 400,000 E. Technology 550,000 F. Non-Personnel Start-up Costs 333,270 G. Fees (Architect, consultant, Testing, and Permits) 789,349 H. Contingency 500,000 Total Project Budget 10,646,915 14 One-Time Personnel Costs for New Elementary School Department Description Cost Kindergarten Supplies/Materials 14,000 Communications Literature Collection 7,200 Dictionaries 4,000 Textbooks 9,000 Cultural Arts Music Books 750 Music Equipment 10,000 Art Equipment 10,000 Art Books 420 Mathematics Textbooks 8,800 Manipulatives 9,600 Calculators 6,000 Explorations 1,000 Physical Ed./Health Textbooks 500 Equipment 5,000 Science Textbooks 6,300 Lab Equipment 10,000 Lab Supplies 3,000 Social Studies Textbooks 8,700 Equipment 5,500 Supplies/Materials 3,500 Miscellaneous Teacher Start-up Supplies 5,000 Main Office Start-up 3,000 Software Site Licenses/Other Requirements 19,000 Custodial Equipment 10,000 Supplies 3,000 Media Center Collection 100,000 Office Equipment 40,000 Teacher Work Areas 10,000 Playground Equipment 20,000 Total One-time Costs $333,270 15 Annual Operating Costs Non-Personnel Costs Utilities $110,000 Telephones 6,000 Postage 1 ,000 Principal Travel , 1 ,758 Total Non-personnel Costs $118,758 Personnel Costs Local Costs 1995-96 1 Principal (6 mos.) $28,125 1 Secretary (6 mos.) 15.000 Total Local Costs(1995-96) 43,125 1996-97 1 Primary Resource $40,000 1 Family Specialist 40,000 2 Reading Teachers 80,000 1.5 Foreign Language Teachers 60,000 1 Academically Gifted Teacher 40,000 1 Physical Education Teachers 40,000 2 Special Education Teachers 80,000 1 Speech/Language Pathologist 40,000 1 Clerical Assistant (11 months) 25,000 1 Media Assistant 18,750 4 Teacher Assistants 75,000 4 Custodians 76.000 Total Local Costs (1996-97) $614,750 State Costs 1 Principal $56,250 1 Assistant Principal 48,058 1 Guidance Counselor 40,000 1 Media Specialist 40,000 0.5 Drama Teacher 20,000 0.5 Creative Movement Teacher 20,000 1 Music Teacher 40,000 1 Art Teacher 40,000 1 Secretary 36,000 1 Lead Custodian 25.000 Total State Costs $365,308 16 ■ 465 C) V = r. co 0, co o co u, co o o)csS N. N. co c cy) 06 ..;--- 0.) co ,-- IT L.. ,-- co CI o <29' CO 0 4C15 0) *0 = (.0 CO cn o in in mut) o in c\i MI C 0) •+—• 0) C\I Cri it) 0 4i6- 0. 0 . T') 1-33 c Q co o 1"" „CD CD N •Zr 1- c—j—0 CNJ C.0 CI) (1) L.— = cii c6 = CO CO .:I. C) 63 c5 oo CD LL. TT 1- f;12} C 0 E p. S cr w -c, c as Cl) a) 4-, .- C = z v a I.1) c 0 c TD" 0 ° — co ....., .._ _ E El- 0 V al o 1mc ct, oc 8 •— T. I— o CD i rs 0 CD C c 0 0 0 I- , 17 MEMORANDUM TO: Rod Visser Assistant County Manager FROM: Ken Chavious Finance Director DATE: August 31, 1994 SUBJECT: Installment Purchase Financing For Elementary School I have been in contact with the Local Government Commission (LGC) on the County's intent to pursue installment purchase financing for a new elementary school in the Chapel Hill Carrboro School District. The focal points of my discussions with the LGC consisted mainly of procedures and time frames for financing. In our past discussions we have talked about two financing mechanisms, COPs and Private Placement. The procedures required by the LGC for both mechanisms are similar. The major differences are that COPS could take two weeks to a month longer to receive funds and the issuance costs are significantly higher. In regard to the timetable for installment purchase financing, the entire process from beginning to closing and receipt of funds takes 60 to 90 days depending on the financing mechanism chosen. The following information provides a general overview of procedures and time requirements. Day 1-30 a. Preliminary conference with LGC to discuss project and financing. b. BOCC adopt resolution, formal approval to to proceed and direct staff to request financing proposals. c. Staff proceeds with RFP process. Day 30-60 a. Formal application for financing filed with LGC. Final decision on financing. b. Public hearing on financing, property conveyance c. Agreements between County and School District finalized. c. Preparation of Official Statement (Required only if COPS are chosen) d. Application considered by LGC. Day 60 Closing and Delivery For COPS Closing and Delivery add 2 weeks to a month. 18 The above schedule references required actions which must take place within the given timeframe. Of course the first step is to decide upon the amount of financing. As you can see, COPs take a little longer. As we have previously discussed, it is in the County's best interest to look at both financing mechanisms, if possible, to insure that we get the best deal. ,4/ Rfz q. o..cij A +Zi i / CHAPEL HILL-CARRBORO CITY SCHOOLS Lincoln Center, Merritt Mill Road Chapel Hill, North Carolina 27516 Telephone: (919) 967-8211 Neil G. Pedersen Ann Hart, Assistant Superintendent Superintendent for Instructional Services Chester Preyar, Assistant Superintendent for Support Services TO: County Commissioners County Manager FROM: Neil G. Pederse Superintendent RE: Additional Background Information on the Proposed New Elementary School DATE: September 15, 1994 When we met with you on September 6, 1994, several questions were raised to which we would like to respond. Additionally, we will provide information about issues that you and others have raised since that time. 1. Why is the building larger than the average elementary school in North Carolina? The specifications for this school, as well as McDougle Middle School, were developed in 1991 by a committee composed primarily of professional educators in the district. The process was exciting for the participants who spent a full week in an effort to define the activities in which students and staff engage in an effective school so that the architects could design a facility to meet these needs. The first draft generated an elementary school with 150,000 square feet and, I can assure you, the participants all believed it was justified. We knew that this was unaffordable, however, and over the course of several more iterations, the size was reduced to 111,000 square feet. Last year, after meetings with the non-binding task force, the committee was reconvened and the size was reduced to approximately 98,000 square feet. Rooms such as the computer lab and the dance or creative movement room were eliminated. What does this school have that most others don't. We previously provided for your reference a comparison between the proposed school and the Basic Education Plan standards. The major differences are as follows: a. All K-3 classrooms are built to the same specifications as a kindergarten room to maximize flexibility. This would allow classroom clusters (groups of four classrooms) to be organized in several different configurations: 2 all four could be kindergarten rooms; there could be a K, 1, 2, and 3 such that students spend their first four years with the same team of teachers in the same cluster; or one cluster could be K-1 classes and another could be grades 2-3. This building may be used for the next 50 to 100 years. Educational philosophies and practices will change over that period in ways that we can't envision today. Flexibility is a critical component. b. Elementary teachers today don't teach the way our teachers taught. Our master teachers, especially at the primary level, organize their classrooms around learning centers or stations. Walk into a kindergarten or first grade room today and you will see six to eight centers, each designed to teach different concepts and to draw upon different dimensions of intelligence. All students are actively engaged in their learning for large portions of their day. To teach in this way, classrooms need to be larger and teachers need storage closets for their learning materials when they are not in use and for students' products. Classrooms also need to be larger because in today's classroom one is likely to encounter several adults -- a teacher, an assistant, a parent volunteer, an individual assistant for a student who may be in a wheelchair, and a student teacher. Classrooms also need to be larger to accommodate technology. In our better furnished classrooms, you will find six to eight computers, several printers, a television monitor, and a VCR. c. In the proposed school, teachers will have office or work area space. This is a recommendation of the state department; however, it is not followed by most school districts. We believe that our teachers should be treated as professionals which means that they have some place to go to make confidential telephone calls, secure their materials, confer with parents, students, and other staff members, and plan for the next day. Offices are particularly important if classrooms are used for after-school programs or other community use or if the school operates on a multi-track year-round calendar. All of our schools have waiting lists for after-school care because it is difficult to open up classrooms to students in the afternoon when the teacher is trying to plan or materials are set out for students. In order to meet the growing demand for after-school care, we have to expand into classrooms and teachers need an alternative place to work and store materials. The same applies to community use. It is unlikely that the community will use regular classrooms, but citizens will want to use the multi-purpose room, art and music rooms, as well as core facilities such as the media center. When schools operate on a multi-track year-round schedule, every so often (e.g. nine weeks) a teacher must pack up his or her belongings to make way for another teacher while he or she is on break. This makes storage essential. In addition, teachers frequently will come to school to plan when they are on break and they need a place to work. This is again when the offices would come into play. 3 2. Could we provide a more detailed breakdown of the budget? New Construction (98,962 sq. ft. @ $71.75 per sq. ft.) $7,100,524 When we developed this budget several months ago, this per square foot estimate seemed reasonable. As we move into the fall, however, school districts are running into bids that are 15-20 percent higher than expected and are even having difficulty attracting the minimum of three bidders. SDPI recently recommended using $75 per square foot. Consequently, although we have not revised this figure, there is a good possibility that other line items will need to be reduced in order to support the basic construction. Site Development (8.4%) 593,772 Site development includes clearing and grading (most of the site is wooded and some is in the watershed), preparation of the building pad, removing debris or mulching, construction of a bus loop and additional parking, storm drainage, play fields, fencing, signage, sidewalks on the site, and the planting of buffers. Site work for the middle school, by comparison, was more than $1.5 million. Fixed Equipment (5.3%) 380,000 This includes all casework in the classrooms, office and work areas; a retractable wall that will divide the elementary and middle school cafeterias, stage curtains for the multipurpose room, and serving lines for the cafeteria. Movable Equipment (5.6%) 400,000 Movable equipment includes classroom tables, desks, chairs, file cabinets, teacher desks and chairs, furniture for workrooms, conference rooms, and reception areas, and audiovisual equipment for all classrooms and the media center. Technology 550,000 Included in this line item are cabling for voice, video, and data, expansion of the switch in McDougle Middle School, source end equipment, all network hardware, all end-user hardware and systems software, telephones and voice mail, intercom and other safety and security systems. Non-Personnel Start-up Costs 333,270 This information was provided at the last meeting. 4 Fees (9.8% of Constuction, Site Work, Fixed Eqmt.) 789,349 Fees include contracts for architectural and engineering services, permits, testing, and administrative costs for on-site supervision of the contractors, and security. Contingency (6.2% of Construction, Site Work, Fixed Eq.) 500,000 It is normal to have a ten percent contingency on a project of this nature prior to bidding. Contingencies can be used for any of the following: a. unexpected difficulties such as hitting rock or bad soil; b. change orders if the architect and owner need to correct bid specifications; c. covering costs for construction if bids are higher than expected. Almost $100,000 will be required from contingency for each $1 per square foot the project is bid over budget. d. accepting "alternates" for desirable building features that are not included in base bid (such as hard tile floors for corridors instead of vinyl tile or covered walkways) The McDougle contingency ($600,000) was used for all of these and for technology because the anticipated $1 million was never forthcoming from the impact fee. It also should be noted that when McDougle was originally bid it was over budget and elements in the project were eliminated or put on hold until we could determine if the contingency could be used for that purpose. TOTAL $10,646,915 The reader is referred to the attached article on estimating construction costs. Percentages for fixed and movable equipment, site work, professional fees, and contingency are generally below the recommended percentages. These percentages were used as guidelines in developing our budget figures. 3. Why is a new elementary school needed at this time? The capacity of the district's present six elementary schools is 3150 , excluding mobile classrooms. Enrollment in the elementary schools stands at 3662 today. It is projected to increase to 3931 by 1996-97. There are 19 mobile classrooms on our elementary campuses at this time. In addition, it is clear that if more space were available, schools would reallocate some funds to reduce class size. At this time, this is not an option for our schools. 5 4. Why can't Lincoln Center be used as an elementary school? There are many reasons why converting Lincoln Center back to a school would not be a sound investment of tax payers' dollars: a. The site is only 10 acres whereas state standards call for 16; b. The district has leased the gymnasium and former vocational building to the Town of Chapel Hill and these facilities are actively used by the community; c. Lincoln Center is less than one-half the size of the proposed facility; d. The cost of renovation is projected to be at least one-half of the cost of new construction. A major investment was made recently to renovate a portion of the leased facility for a Headstart classroom. The per square foot cost was higher than new construction e. There is asbestos in the building that would need to be removed; f. An alternative site would be needed for the school administration. Presumably, office space would need to be leased. Not only is such space expensive, but it is scarce. There is no provision in our capital or operating budgets for new office space. 5. Will the new school be energy efficient? The elementary school will be designed along the same lines as McDougle Middle School which was part of a state pilot program for designing energy efficient schools. Energy efficient features include daylighting, energy efficient glass, canopies to screen direct sunlight, energy efficient lighting and heating and cooling systems, and highly insulated roofing systems (R-20 and R-30). Natural gas is available and will be used whenever possible. In order not to compromise the health of the occupants for energy efficiency, the ASHRAE standard of 15 cubic feet per minute of fresh air will be designed into the system: 6. How will we achieve equity with other schools in the district? The standards used for this school are not that different from what we have been using for our recent elementary school additions. Ephesus, for example, has classrooms that are at least this large and has similar storage areas; however, none of our elementary schools have teacher offices. Basically, the same rooms, however, are specified, such as an early childhood classroom, science room, multi-purpose room, art, music, etc., as we would find in our other elementary schools. The long-range technology plan calls for the phasing in of upgrades to our existing schools to make them fairly comparable to our new schools. Admittedly, funds for school renovations in future years were reduced, but not eliminated, when it became clear that the new elementary school would be financed primarily through the pay-as-you-go budget. 7. What is the district's long-range plan for technology? The district recently completed a long-range plan for technology which is enclosed for your information. It includes cabling and providing voice, video, and data networks throughout the facilities. 6 Board members, administrators, teachers, and parents will be in attendance at your meeting on September 20 to provide additional information as necessary. We need your support to proceed with this project so that we can make every effort to have the new elementary school opened for the beginning of the 1996-97 school year. I t Estimating , Building Costs Guesstimates won't do when it comes to building high schools, so plug space and construction requirements into this tested formula to arrive at a realistic estimate of what it will cost to build and equip your facility. By David Carter, Timothy K. Scarbrough, and Syd Spain Sties, we have developed a way to central facilities such as auditoriums analyze estimated costs and explore or gymnasiums. Schools with excel- budget options when planning the lent functional adequacy, on the mart, cost-ef- construction of a high school. The other hand, provide for a broader fective budgeting is a matter of eco- chart on page Al2 shows how this curriculum and more satisfactory nomic necessity in all areas of con- approach to cost-estimate analysis central and service facilities. struction—and public projects such can be applied to a hypothetical The list below illustrates the (, as new schools are no exception, building project—a 2,000-student necessary gross square feet (GSF) per Dwindling community tax bases, high school. (This analysis excludes student for different levels of func- fewer taxpayers with school-age the costs that might be associated tional adequacy. For example, mod- children, and growing public re- with acquiring construction capital erate functional adequacy calls for a sistance to increased taxation pose through bonds or loans.) GSF per student of 120 in a 2,000- a problem for many school systems: student high school and 140 in a With fewer financial resources, how 1,000-student high school. Because can you build the high-quality Estimating your budget area efficiencies increase as high schools you need? In our model, as in any real-life school sizes intiease, the GSF per In the early stages of budget plan- building project, the total budget is, student is smaller in the larger ning for a new high school, school to a large extent,a function of space school. . board members, school administra- requirements and quality of con- The first step in our model is to tors, and architects have to juggle struction. To show how we arrive at select the desired level of functional total costs, area requirements, and a final budget estimate, let's walk adequacy from the following list and construction quality to accommo- through the model step by step: multiply it by the projected student date the carefully considered needs 1. Estimate the needed build- enrollment: of the school district's students and ing area.How big should your new • Superb: from 179 osF/student in residents. The success of the fin- school building be? That depends a 2,000-student school to 230 GSF/ ished product is critically influenced on whether you want a superb facil- student in a 1,000-student school by these early decisions. ity, the bare minimum,or something • Grand: from 155 GsF/student in Working with school officials in in between. It depends, in other a 2,000-student school to 195 GSF/ the design of more than 1,000 high words, on how functionally ade- student in a 1,000-student school schools and other educational facili- quate you want your building to be. • Excellent: from 135 GsF/student Functional adequacy is a measure in a 2,000-student school to 165 David Carter is an architectural pro- of the amount of service and sup- GsF/student in a 1,000-student grammer for CRS Sirrine, Inc., Houston. Timothy K. Scarbrough, also an architec- port a school provides in relation to school tural planner with CRS Sirrine, Inc., cur- the number of students and school • Moderate: from 120 GsF/student rently is program managerfor capital im- programs. Most measurements of in a 2,000-student school to 140 provements in the Dade County(Florida) this type are made in gross building G7F:stu den t in a 1,000-student Public Schools. Syd Spain,formerly a re search specialist with CRS Sirrine, Inc., is area per unit. Schools with austere school assistant dean, School of Architecture, functional adequacy have no voca- • Economical: from 105 GsF/stu- Auburn University, Auburn, Ala. tional/technical areas and minimum dent in a 2,000-student school to BUILDING EDUCATION — May 1989 A l 1 . — . •J 125 r,,Flstudent ill a 1,000-.student multiply it by the needed building in the same area, or seek the help of school area from step I to arrive at the a professional who knows the site • Austere: from 90 ,,tiF/student in . building cost (line A): and the surrounding; region a 2,000-student school to 105 c,F/ • Superb: 51161,.,~ The example project has a site student in a 1,000-student school. • Grand: 5891,,,1- acquisition/demolition cost (line F.) Estimated costs for the hypotheti- • Excellent. S-2!,,,F of $500,000. cal 2,000-student high school in the • Moderate: S6lie„F 4. Estimate other project chart are based on a desired func- • Economical: S50/ ,F costs. Estimate the costs of fixed tional adequacy of excellent, or 135 • Austere: S39/,.;my equipment (line B), site develop- Gsr/student. We then multiplied 135 To return to our hypothetical ment (line C), total construction Gsr/student by 2,000 students for a example, the desired construction (line D), movable equipment(line F). building area of 270,000 GsF. quality is excellent, or $72/,,,F. professional fees(line G), contingen- 2. Determine construction Multiply the needed school area of cies (line H), and administrative quality. Construction quality, ex- 2'0,000 ,,,F by $72/Gsr for an esti- costs (line I) using the following pressed in dollar cost per gross mated building cost of S19,440,000. calculations: square toot, is a measure of the qual- (Costs are in January 1988 dollars.) • Line B, fixed equipment: 8-12 ity of the building—its materials, 3. Estimate site acquisition/ of line A systems, and construction. Austere demolition cost. The cost to ac- • Line C, site development: construction quality often features quire an appropriate site and de- 10-15% of line A concrete blocks, tilt-up concrete molish any existing structures will • Line D, total construction costs: walls, or prefabricated steel build- vary. Factors that influence the cost lines A + B + C ings, Superb and grand construction include location, topography, soil • Line F, movable equipment: frequently includes such materials as and mineral types, utilities available, 5-20% of line A marble, brass, high-quality woods, access roads, zoning, and_special • Line G, professional fees: 5-10% copper, and brick. considerations such as lakes, historic of line D The choice of construction qual- monuments, wildlife, water table • Line H, contingencies: 5-15% of ity—like the choice of functional height, and the site's influence on line D adequacy—is up to you. Determine aquifer recharge. • Line I, administrative costs: the desired level of construction Base your estimate on previous 1-2% of line D quality from the following list and site acquisition and demolition costs The chart shows these costs as estimated for our hypothetical high \. school. Note that line C, site develop- Chart You ment, does not include special ath- letic facilities, such as large stadiums, tennis courts, and swimming pools. Recent trends for funding these spe- cial athletic facilities include joint This cost-estimate analysis chart' shows the total budget required (line participation with city recreation J) to build a hypothetical school(excluding the costs of acquiring capital). departments, private and corporate Before you can use this model to estimate the total budget required for contributions, and project phasing a.building project, you must know line A, the building cost—that is, how over several years. These costs many gross square feet (Gsr) per student and the cost per nsF—and line should be treated as lump-sum costs E, the estimated cost for site acquisition/demolition. For information on in addition to the project budget. calculating lines A and E, see the main article. 5. Estimate the total budget required. Add up lines D, E, F, G, A, Building cost 270,000 USE H, and 1 to calculate the total budget at $72/Gsr $19,440,000” (line J) required—in our example, B. Fixed equipment 8% of A 1,555,200 530,031,304. C. Site development 15% of A 2,916,000 D.Total construction A + B + C 23,91 1,200 E. Site acquisition/demolition 500,000 Controlling variables F. Movable equipment 8% of A 1,555,200 As our cost estimate model shows, G.Professional fees 6% of D 1,434,672 many of the costs associated with H.Contingencies 10% of D 2,391,120 building a high school do not vary I. Administrative costs 1% of D 239,112 appreciably. That means the factors J. Total budget required D & E through J 530,031,304 that do vary arc especially important when you're planning your building ., William Pena, Problem Seekrnk, 3rd ed. VC'ashington: .A I A Press, 1987. project budget. Those factors in- Il •• All costs in this model are based on January 1988 dollars. elude functional adequacy, con- struction quality, and site costs. Most school board members and school administrators focus on re- A 12 BUILDING EDUCATION — May 1989 during construction quality to lower Hated at no cost to high-cost urban ministrative costs are usually less the project budget, but it is equally sites. Be sure to establish the site cost variable than other budget costs, effective to reduce functional ade- . early to eliminate adverse impacts they arc frequently underestimated quacy. Recognize, though, that on your total budget. And remem- by school officials. Using our cost either decision will have an impact her that you cannot accurately esti- estimate analysis model' can help on the kind of school building you mate site development costs until you avoid unpleasant budget sur- construct and how well it supports site soil tests have been made. Un- prises—and get the school facilities your educational needs. When you usual site conditions do occur: Ad- that support your educational oh- choose a lower level of construction ministrators at one recently corn- jectives. quality, your decision will affect the pletecj high school had to spend building's appearance and its operat- twice as much on site development cRS Shrine has incorporated the high ing and maintenance costs. When as on building costs because of un school budget planning model ;r1to a High you decide on a lower level of func- usual site conditions. (Superb out- School Expert Sys e1,000 r schools ols with ends lional adequacy, you will have less door athletic facilities added to the The program includes calculation models for space for educational programs and site development costs.) predicting the size of a school,an enrollment central service facilities. Although fixed equipment costs, formula for forecasting areas, and budget summaries. For information, write CRS Sir The third variable—the cost of movable equipment costs, profes- rifle. Inc., LIII West Loop South, P.O. Box the site—can range from land do- sional fees, contingencies, and ad- "-12'. Houston -'„'; ,15:55 'tw, CHAPEL HILL-CARRBORO CITY SCHOOLS Lincoln Center, Merritt Mill Road Chapel Hill, NC 27516 Telephone 967-8211 Nell Pedersen, Superintendent Ann Hart, Assistant Superintendent for Instructional Services Chester Prayer', Assistant Superintendent for Support Services To: Neil Pedersen, Superintendent From: Ann Hari", Assistant Superintendent for Instructional Services Re: Technology Advisory Committee Report Date: June 13, 1994 Accompanying this memo is the Technology Advisory Committee Report for your review and presentation to the Board of Education at the June 20, 1994 Board meeting. The report addresses instructional and administrative computing and makes recommendations in three areas - curriculum, facilities, and personnel. Sheila Cory and Doug Noell, co-chairs or the Technology Advisory Committee, will provide an overview of the report at the Board meeting and be available to answer questions. Looking to the Future Report of the Chapel Hill-Carrboro City Schools Technology Advisory Committee June 1994 Technology Advisory Committee 1993-94 Robert Berger parent Phillips Craig Branch parent Carrboro Val Brown teacher Culbreth Jane Byrd teacher Glenwood Sheila Cory (co-chair) LC staff Lincoln Marjorie DeWert UNC UNC Wesley Farrar AV/C technician Lincoln Dana Francke teacher Estes Hills Linwood Futrelle parent Culbreth Steve Gaddy parent _ CHHS Major Geer teacher Memorial Hospital Stephanie Hebdon teacher FP Graham Jean Holstein parent Ephesus Ginger Horton school secretary Phillips Kaaren Jewell special ed Lincoln Gertrude Johnson media specialist Ephesus Dale Minge administrator Estes Hills Doug Noell (co-chair) LC staff Lincoln Butch Patteson administrator CHHS Deborah Pedersen media specialist Carrboro Ron Pharr parent Seawell Diane Pozefsky parent Estes Hills Tom Prosser parent Glenwood Phil Rollain LC staff Lincoln AK Smith teacher CHHS Charley Stewart administrator Culbreth Susan Thomas SIMS coordinator Lincoln Meg Turner teacher Seawell Kristin Vegeto parent Ephesus Alan Waibel parent FP Graham Mary Ward teacher Phillips i Table of Contents I. Introduction 1 II. Curriculum 2 III. Facilities 6 Media Automation 7 Voice 8 Data 11 Video 11 Retrofitting Phase-In 12 Retrofitting Costs and Funds Available 12 IV. Personnel 13 V. Technology and Site-Based Management 14 ii I. Introduction The Technology Advisory Committee (TAC)was established in the fall of 1993 to oversee districtwide efforts related to both instructional and administrative computing. The committee consists of parents, teachers,non-certified staff,UNC faculty, school principals and district administrative staff. Each school identified parents and teachers to serve on the committee based on their knowledge of issues associated with technology and on their interest in serving. TAC is co-chaired by Sheila Cory and Doug Noell. TAC met monthly during the 1993-94 school year. At the first two meetings,committee members reviewed the direction set for the district by the 1991 Instructional Technology Plan and the 1992 Administrative Technology Plan. These documents provide the basic direction for instructional and administrative computing in the district. This year's efforts focused on making recommendations in the following areas: Caurriculum • How shall the district assure that all students achieve the technology-specific competencies in the NC Standard Course of Study and the District Long-Range Technology Plan? Facilities • What are appropriate standards for media automation for our elementary, middle and high schools? • What are appropriate standards for networking for our elementary,middle and high schools? Personnel • How shall the district assure that teachers have the appropriate training to develop the technology-specific competencies? • What site based and district personnel is needed to adequately support the technology program (including network support,maintenance/repair,curriculum support,staff development)? TAC divided into subcommittees to focus on curriculum and facilities. After initial discussion took place in the subcommittees,the entire committee reviewed and refined recommendations and addressed the issues associated with personnel. The following sections discuss each of the three areas—curriculum, facilities, and personnel. II. Curriculum •»:>;>H ::>:: ;>;: s ..,:<• ::>:: . >:: 114 d' :' '»: : ieve�:>the>:::: ch1. 1olo -'specific :.:,::::H. �....s �:.:: �::.?ors#�`'�±�::,. ��'�;::����,::�::.�:�t�.::: ��.:�C..:..:..::::::.:::::.::.:::::::.:::::::::::��!:.::.�ia.:::...::::::._::�..:}_.. . :;;. . ..;>...;:;::. ; : dar :i:: i urs0..:§ ``> tud<as RRat:t147t?G:::; is �e igti:: on .-R 'F.tj:? 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Discussion The NC Standard Course of Study includes computer competencies related to societal issues, ethics, terms and operations, curriculum software use, keyboarding, word processing,databases, spreadsheets, and telecommunications. The state will require mastery of these competencies for graduation beginning with the class of 2000(seventh graders in 1994-95), and will test eighth graders each year, beginning in 1995-96. The test will contain both performance-based and multiple-choice components. The performance-based component will be offered several times during the year,including in the summer. Students will be tested in each of four areas as follows: • Keyboarding: Students will be asked to enter a paragraph. They will be observed(in groups of 3-6) by a trained observer. A checklist will be used for scoring. • Word Processing and Editing: Students will be given some text on disk. They will be asked to load the file,make certain edits,and print out the edited version. • Database Management Students will be given a prepared database. They will be given a booklet that provides a scenario with some questions that require sorting and searching the • database to answer. They will record their answers in the booklet. • Spreadsheet Use: Students will be given a prepared spreadsheet. They will be given a booklet that provides a scenario with some questions that require identifying terms, inserting and editing data, and changing cell values to answers. They will record their answers in the booklet. The multiple choice component will contain approximately 70 questions and take an hour and a half to administer. It will contain questions in each of the nine strands,with varying emphasis on strands as follows: societal issues (7%), ethics (8%), terms and operations (5%), curriculum 2 software use (5%),keyboarding (5%), word processing (20%),databases (20%), spreadsheets (15%), and telecommunications (15%). The Committee reviewed the competencies and the sample questions provided by the state. They discussed the following concerns: • Need for Systematic Approach to Competencies: Currently,most students do not receive the instruction they need to develop the competencies. Students who are in COTT classes develop many of the skills, but many students are not in COTT classes. Also, those students who are in COTT classes generally do not develop all the skills in their one year of COTT. • Need for Profession. Development: A large number of the teachers in our district are not themselves proficient in the competencies we expect them to develop in their students. Although many teachers use word processing, most have not used databases, spreadsheets and telecommunications. Many are not familiar with the societal and ethics issues related to computer use. Although many of our teachers have taken one or more computer workshops, the level of knowledge needed to adequately address the competencies far exceeds the current knowledge level of most of our professional staff. Based on an understanding of the needs, the Committee considered several different approaches to addressing the competencies as follows: • Current Model: The current model is to have teaching about technology and teaching with technology the responsibility of the classroom teacher. Teachers are provided with the state and the local technology curricula and are encouraged to use technology in their instructional program. Computers are available, to varying degrees, in classrooms and labs. • Specialist Model: This model would make technology-related learning a specialty area, similar to music, art, or elementary school foreign language. A specialist would work in a computer lab, and students would spend a certain amount of time with the specialist each week. Classroom teachers would be encouraged, but not required, to use technology as part of their instructional program. • Teacher and Specialist Model: This model would have the teacher and a specialist share responsibility for developing the technology competencies. The role of the specialist would be focused on professional development. This professional development would be very individualized, as our teachers are at different levels in their own understanding of technology and its application to their instructional program. The professional development would take place through modeling,one-to-one consulting, small group instruction with teachers, and any other means that would help each teacher in our district move forward with his or her own ability to use technology meaningfully in the classroom. Classroom teachers would,over time, be held accountable for using technology in their instructional program. The following chart compares the three models across a variety of issues: 3 Models for Technolo -Related Instruction Curriculum •decided by classroom •Standard Course of Study •Standard Course of Study teacher or lab assist or not taught to all students taught to all students at all • lessons designed by • lessons designed by •variable quality specialist teacher and specialist ' • consistent quality • consistent quality Instruction •provided by classroom • provided by technology •provided by specialist and teacher, lab assistant or specialist classroom teacher not at all • consistent quality •variable quality,but more •variable quality consistent than current . model Student Skill • sporadic, based on teacher • excellent • excellent Development Equity •low • high • high Integration of • sporadic,based on teacher •poor • high—a planned component Technology in the of the model Curriculum Staff Development • limited site-based and •limited site-based and • extensive site-based and districtwide districtwide districtwide •variable quality • consistent quality • consistent quality Placement of • lab and classroom • primarily lab • primarily classroom Equipment Consistency with • good •poor ' • good overall goals Consistency with Site • good-very flexible •poor—one model for all • good-very flexible Based Management schools Cost • lowest • highest •middle After reviewing the strengths and weaknesses of each model,the Committee recommends that the Teacher and Specialist model be used in our district. It is consistent with the district's overall instructional goals, and would best meet the needs of our students. The Committee discussed how to assure that eighth grade students in the year 1995-96 are prepared with the appropriate competencies. As a result of that discussion,Ann Hart and Sheila Cory met with middle school principals and Phil Rollain to consider stopgap approaches that could be used until the structures are in place for the competencies to be developed throughout the grades by a teacher and specialist. Next year, seventh grade core team teachers will receive intensive 4 professional development to provide them with the skills they need to develop the competencies in their students. The professional development will be provided by Sheila Cory and,if their positions are funded, the site-based technology specialists. The Committee also discussed how to eventually hold programs at all levels accountable for developing the technology competencies. Because the competencies are to be tested by the state only at the eighth grade, it is possible that elementary schools would regard development of the competencies as a middle school responsibility. The state has identified skills to be taught at each grade level. The Committee recommends a district-developed accountability measure be established at the third and fifth grade levels to assure that students develop the competencies at a level of depth that can only be achieved through use of the skills over time. It is important to underscore the fact that although the state is testing technology competencies, the goal is not simply to assure that all students know how to use word processing, databases, spreadsheets, etc. The goal is to have students be better communicators, information retrievers and analyzers, mathematical thinkers, etc. This can only be achieved by having students learn how to use the tools and then actually use them over time in different content areas and focused on different problem-solving situations. The Committee discussed the software needs related to the competencies and felt that one area, keyboarding, needed some attention. Currently,no common direction has been set for the district, other than the use of Junior Typer,a program selected approximately eight years ago and not consistent with the newer computers we are purchasing. As a result of this discussion, a site- license for the program Paws has been purchased for each elementary school in the district. • 5 Discussion: MediaAutomatzon The media center is the hub of information in a school. A major reason for schoolwide networking is to better provide information to all areas of a school. Providing automated resources in a media center is a key element to effective school networking. With an on-line catalog, students can more easily find a variety of information for their research projects or recreational reading. They can access text, audio and video information on laser disks and on CD-ROM. They can search on-line atlases and encyclopedias. It makes good sense to begin networking a school by fully automating the media center. The Media Specialists developed basic and exemplary standards for media automation as indicated in the following chart: Media Automation Standards Assumptions: • addresses media automation hardware that remains in the media center for circulation,catalog and research purposes by patrons • does not address hardware that is for"general" use by students—for example,computers for students to use for assignments or for whole or small-group work are not included • does not address video resources • does not address software such as computer programs, laserdiscs and CD-ROM materials • assumes a networked media center running a media automation system such as Follett or Alexandria .. . Basic Exemplary ....:......................................... . Item > :............. .... Elem MS HS Elem MS HS Notes Search Station (catalog) 4 4 5• 5 8 8 •exemplary: able to serve as search or research station Check-out Station 1 1 1 2 2 2 File Server 1 1 1 1 1 1 •MS and HS:could also serve as check-out station Research Station 3 4 4 5 9 10 •all with CD-ROM • all levels:one dedicated to encyclopedia •MS and HS:one dedicated to index Printer 4 5 6 5 9 9 • exemplary: one high speed; others determined by application Modem and Phone Line 1 1 1 2 2 2 LaserDisc Player 1 1 1 1 1 2 Barcade reader 1 1 1 1 1 1 CD-ROM Changer - - 1 - • plus one for every 250 students over 1250 The Committee recommends that all schools be upgraded to these basic media automation standards by the beginning of the 1995-96 school year. Currently only CHHS, Culbreth, and Carrboro have an on-line catalog in place. All schools have an automated circulation system. The Media Specialists have identified two software packages for media automation, including Catalog Plus (Follett)and Alexandria(Companion). Each school should choose one of these two programs when they are scheduled for their media automation upgrade. 7 Discussion: Voice(Phones and Phone Systems) An important tool for communication in a school is the phone system. The Committee reviewed the current phone situation at each school and recommended that a set of standards be developed to upgrade the phone system at each school to better meet the communication needs of the schools. The Committee discussed several different approaches to upgrading the phone systems at each school including upgrading the phone system first and adding phones later and including the phone upgrades with the overall wiring project for the school. The recommended standards are noted below: Basic Standards Exemplary Standards 1:1 Ratio of Phone to Each Office Personnel Add 1 additional phone for use by visitors/staff/students in the main office Combination of single and multiple line phone All multi-line ports(capable of accommodating ports (any new ports should be multi-line) both single and multiple line phones) 1 multi-lure phone in each teacher 1 single or multi-line phone in each classroom lounge/workroom, guidance office, media and office center, and secondary building Voice Mail at Lincoln Center for the elem. Voice Mail at all sites schools, at each secondary site w/ PhoneMaster Dedicated line for 1 modem to be shared Communications server w/multiple modems among admin. and instructional areas attached to a voice/data network Shared phone between existing phone lines Dedicated phone line for a fax machine and fax District funds pay operating costs for a set no. District funds pay for any dedicated lines of phone lines based on ADM or staff, schools pay for any additional lines UPS for each phone system Capability to program phones w/o on-site technical support from vendors The Committee also discussed the phone line situation at each school and recommended that a minimum of two phone lines (four lines in some schools)be added to each school to meet the exemplary standards as outlined above. With the addition of almost 30 phone lines,the operating budget for phones would increase by almost$1100.00 per month,or$13,200.00 annually. The installation of these lines would cost approximately$2000.00. The current distribution of phone lines at the schools (excluding CHHS)is noted below: Distribution of Phone Lines Schl - Total Total Roll- Tchr Merl. Other over Ratio Carr 6 2 2 1:7 Eph 4 2 3 1:12 Estes 4 2 3 1:12 FPG 3 7 2 1:16 Gin 4 5 2 1:9 Swl 5 6 3 1:9 Culb 7 4 3 1:10 Phl 5 8 2 1:14 8 The above chart notes the number of phone lines available through the current AT&T Merlin phone system(Totl Merl.)and those private lines available outside the Merlin system. The phone line to teacher ratio is calculated in the last column based on the current number of phone lines available for use. The Rollover column indicates the number of lines available for incoming callers. The additional phone lines would decrease the line to teacher ratio,allow more lines for incoming callers, allow more access to staff members for outside calls, and provide a dedicated line at each school for modem communications with other schools. The current distribution of phone extensions(excluding CHHS) is noted in the chart below: Distribution of Phones Schl Totl Totl Main Guid Media Cafe Aft Tchr Tchr Head Fam Merl Oth Off Ctr Schl Wkrm Clrm Start Spec * Carr 11 2 4 1 1 1* 1* 3 Eph 13 4 6 I 1 1* 1* 1 2 Estes 14 2 5 1 1 1* 1* 2 5 FPG 11 8 5, 1* 1* 1* 1* 2* 4 2* 1 Gln 10 4 5 1 1* 1* 3 Swl 30 4 5 1 1 1* _ 1* 2 20 2* Culb 25 1 6 4 - 1 1* 9 3 Phl 18 5 5 4 1 1* 4 2 Schl First Other Locations Aid Carr 1 - Records Rm, 1 - Resource (cordless) Eph 1 1 - Spec Serv, 1* - ESL, 1* •Greenlund Estes FPG 1 Gln .1 - Speech Lang, 1* - PASS Trailer, 1*Resource, (1 cordless in Tchr Wr1Qm) Swi 1 - PE Office Culb 1 - Spec Ed Office, 1 - Gym Phl 2 - Spec Tchrs,2* - Coaches, 1*Tech Lab (Voc), 1* - Pay Using these charts as a reference and recognizing the importance of the phone to the schools for communication, the Committee recommended that the exemplary standards be used in upgrading the phone systems. Each school,for the most part,met the basic standards and to meet the exemplary standards essentially required that a phone be installed in every classroom. 9 The following chart outlines the cost estimates of installing a phone in every classroom and upgrading the phone system to handle the increased number of phones: Cost of Phone System Upgrades Schl 1994-95 1995-96 1996-97 Carr 17506 Eph 16198 Estes 15781 FPG 19451 Gin 16870 S wl 8092 Culb 13877 Phl 18543 CHHS 24783 Total 75977 67032 8092 With a consideration for budgetary constraints,the phone system upgrades span a three-year period. The Seawell phone system was upgraded in 1992 and phones only need to be added to a number of the classrooms. The Culbreth phone system was recently upgraded but is scheduled for another upgrade to the same system recommended for the other schools. Funding for a voice mail system is not included in the above cost estimates. The minimal cost for a typical voice mail system is$5000.00 per school and the Committee recommends that the schools pursue the funding for a voice mail system. The funding for fax machines is also not included in the above estimates,but a typical plain paper fax machine on state contract capable of supporting the volume of use at a school costs approximately$1400.00. These plain paper fax machines are also capable of functioning as a simple document scanner. Thermal paper fax machines, on the other hand, are not capable of functioning as a document scanner and costs range between$400.00 and $850.00. 10 Discussion:Data There are lots of good reasons to develop school-wide data networks. They include: - schoolwide access to media resources - cost-effective software purchasing - ability to easily upgrade software versions and provide the same versions for all users - systematic backup of all files - modem access from any computer in a building - ability to share files for collaborative work - e-mail Providing a data network does, however, add a layer of complexity to the use of technology in a school. The network must be properly managed to be useful to teachers and students. This requires personnel specifically assigned this responsibility. The Committee considered this need, and included network responsibilities in the set of responsibilities identified for Technology Specialists discussed in Section IV of this report. The Committee discussed several different approaches to networking and decided that an Ethernet 10BaseT network, currently considered to provide the highest functionality with the fewest management problems, should be the district standard. Of course, given the rapidly changing field of data networking, this standard should be reviewed each year. The Committee recommends that data networks should be designed to support the following: - nine computers in each classroom,a computer for each person in each office,and a site-specific number of computers in each other instructional area - classroom access of on-line catalog of media center resources - classroom access of CD ROM reference materials such as encyclopedias and atlases - netmodem for accessing remote databases,electronic bulletin boards,people worldwide - in-house electronic mail - counselor access to SIMS (secondary schools) - teacher access to selected SIMS modules such as basic demographic data and grade input - laser printers, scanners,other peripherals Providing these capabilities would involve: - purchase of network hardware and software needed to make the data network functional, such as file server(s),connecting cables and related cabling hardware (e.g. star hubs), network software for the file server,network software for the workstations, network management software,and network cards for existing networkable equipment - purchase of hardware and software to make the data network useful, such as media automation hardware and software,netmodem,network CD Tower,email software, network version of an integrated software package (e.g.ClarisWorks or Microsoft Works) Discussion: Video, Video offers many exciting resources for education and is an important source of information for teachers and students. The Committee believes that cable TV should be available to all instructional areas, and that each school should have the capability of broadcasting from a single location in the school to all classrooms and other major instructional areas. Although it is cost-effective to pull cable for video networking at the same time that cable is pulled for data networking, some schools may want to pursue inexpensive site-funded solutions prior to the time they are scheduled for major retrofitting. 11 Discussion:Implementation Phase-In Funding availability requires that retrofitting buildings be completed in phases. New buildings are not included in the following phase-in plan. It is assumed that high quality voice, data and video infrastructure will be included in all new schools. The Committee recommends retrofitting phase-in as follows: Phase 1 (1994-96): Upgrade phone systems and media centers in all existing schools to a basic standard. Retrofit CHHS for data and video networking. Phase 2 (1996-97): Retrofit middle schools for data and video networking. Phase 3 (1997-99): Retrofit elementary schools for data and video networking. Retrofit Lincoln Center for data networking. Retrofitting Phase-In 94-95 95-96 96-97 97-98 98-99 Media Automation Ep, Es, Fp, GI, Se, Ph Phones Es,GI,Ph. HS Ca,Ep,FP,Cu Se Data Network CHHS Cu,Ph 2 elem 4 elem LC Video CH}IS Cu,Ph 2 elem 4 elem The following table includes costs to complete the projects outlined above. The costs are based on estimates we have received as follows: media automation $15,000 per school data networking $80,000 per elementary school(capacity: 60 devices) $95,000 per middle school(capacity: 100 devices) $160,000 high school (capacity (250 devices) $80,000 Lincoln Center video networking $20,000 per school Retrofitting Costs and Funds Available 94-95 95-96 96-97 97-98 98-99 Media Automation 90,000 Phones 76,000 67,000 8,000 Data Network 100,000* 190,000 160,000 400,000 Video 20,000 40,000 40,000 80,000 Consulting 20,000 30,000 30,000 60,000 Project Cost 216,000 157,000 268,000 230,000 540,000 CIP avail 350,000 500,000 500,000 500,000 1,000,000 CIP Avail-Project Cost 134,000 343,000 232,000 270,000 460,000 Dir ect to Schls** 134,000 316,000 259,000 270,000 300,000 Carryover 0 27,000 _ 0 _ 0 160,000*** *The data network funds for the high school will need to be supplemented by high school technology funds in order to complete the network next year. ** Schools had anticipating receiving $150,000 in 94-95 and$300,000 each year thereafter from the CIP. This would be reduced somewhat for four years to establish the infrastructure,but increased in 98-99. *** Reserve for new schools It is important to note that this study did not include a discussion of the upgrading of electrical systems that might be needed to support additional technology in some schools. 12 IV. Personnel • ::>r:::;�:>::::�::::;>:.::.<:>::i't`::::::"s#:<z:'s siii?i%:::;::'si:i:'s::;:;;;:s:<>::>::<::::::;::i::;::::>:::<:::>:;::>>::::>::�:<.z;:::::�::::::r:::::s:;::;::ss:iszs:;:::>::><:>:;:::r;:;::•:;•% •:::•:;•::•::.::.::<,.::;.;:.:;:;:.:.:.:::.: ::.:.. 'sE<`` i"iii.>'y[ `< `??<`'± '''`?� �>``" i2y;2'}j `>':: `ii» � 5'ii' The Chan:in l Role of the Technolo l S oecialist Elementary •30%teach •30%teach • 30% professional dev • 30% professional dev • 30% professional dev •30%netw,hardw,softw • 15%hardw,softw • 15%hardw,softw • 10% planning • 10% planning • 10% planning •30%conic dev •15%curric dev • 15%curric dev New • 30%professional dev • 30% professional dev Ne Elem Pro Pr w softw tw w •3096 netw hard ne hard so 5096 ftw 1 0 96 1��g • 10% planning anning P 1096 v e com 3096 come dev Cut b r e t h/Phillips •30%teach • 30% professional dev • 30% professional dev • 30%professional dev •30%netw,hardw,softw •30%netw,hardw,softw • 15%hardw,softw • 10% planning • 10% planning • 10% planning •30%curric dev •30%curric dev • 15%curric dev M c D o u g t e • 30%professional dev • 30%professional dev • 30% professional dev •50%netw,hardw,softw •30%netw,hardw,softw •30%netw,hardw,softw • 10% planning • 10% planning • 10% planning • 10%curric dev •30%curric dev •30%curric dev CHHS • 30% professional dev •30%professional dev • 30% professional dev •50%netw,hardw,softw •30%netw,hardw,softw •30%netw,hardw,softw • 10% planning • 10% planning • 10% planning • 10%curric dev •30%curric dev •30%curric dev New High ' • 3096 Pr o fessional dev • 30% Professional dev 50%ne w hard w softw •30%netw ha d w softw 10% • 10% planning P 1 �8 P v •3096 curric dev 'c de 1096 cum Although the committee sees the need for at least one full-time technology specialist at each site,the following chart identifies a phase-in schedule if adequate funds are not available. Phase-In of Technolojy Specialist Positions 94-95 95-96 96-97 97-98 98-99 Elem 3 6 7 7 7 Middle 2 3 3 3 3 High 1 2 4 4 4 Total 6 11 14 14 _ 14 North Carolina offers a certification for Technology Specialists—the 077 Certification. UNC has been approved to offer this certification program,but has not offered it in the past. The School of Education is wanting to begin offering the certification and is exploring with CH-CCS the possibility of establishing a collaboration that would enable us to enroll all our technology specialists in their 077 certification program as a means of getting them the professional development they will need to work effectively at their schools. Our technology specialists would, once certified,act as mentors for future participants in the 077 certification program. V. Technology and Site-Based Management As the committee worked on its recommendations,questions relating to how centralized or decentralized an issue should be often arose. The Committee considered the centralized to decentralized continuum on a number of issues and determined that data network design and selection of email software should be completely centralized. Other areas the Committee tended to feel should be centralized were maintenance and repair and the job description of the technology specialists. The Committee felt that schools should have more flexibility in other areas of technology use. As the following chart shows,they liked the idea of a central group making limited recommendations from which schools might choose. To develop the chart,the Committee 14 divided into groups to study each issue and determine where on the continuum each should be. The numbers represent the average of the group responses. 1 entralized 2=limited number of options offered to the site 3=decentralized Issue How Site-Based? Comments Hardware Brand 2 district should select a very limited number of brands it is capable of supporting Hardware Model 2.4 flexibility very important to address variety of needs Data Network 1 consistency across schools very important for Design interconnectivity and ease of support Media Automation 1.8 consistency important for eventual cross-site Hardware and communication Software Tool Software 1.6 consistency important for professional development, ease of use for students E-Mail Software 1 -need to make support and professional development as simple'as possible, and facilitate communication across sites Professional 2 both district and site should provide professional Development development; technology specialists should have a specialty and offer workshops across schools Maintenance/Repair 1.2 troubleshooting/maintenance should be site-based; "serious"repair should be centralized Technology 1.2 core job description should come from district with Specialist Job additional site-based responsibilities possible Desription 15 (124-F County Commissioners Sept. 94 My name is Betsy Barrow and I'm a teacher at Seawell Elementary School in Chapel Hill-Carrboro. I'm here tonight to urge you to accept and fund the proposal presented by our school system to build the new elementary school as planned. Several years ago I served on the educational specifications committee which designed CH-C's new middle and elementary schools. As one who spoke to you before, I'd like to reiterate the commitment of the teachers, administrators, community, School Board members, and architects who worked very hard on this project to plan schools for the twenty-first century. As a committee we felt that this was an advanced concept to plan ahead knowing that an additional elementary /middle school would be needed in the near future. Last Fall, 1993, realizing that funds were limited, the educational specifications committee met again to rework the school design cutting back on the expenses of the proposed elementary school. Although this was a difficult task, we understood the necessity of working within guidelines and budgets in a time of scarce resources. The finished product, we believe, should provide our elementary students with a facility that meets the educational needs of our students as well as allows for further growth. In regards to the building, I'd like to reiterate that this is a school designed by educators, as well as architects and others in the community. If you look carefully and listen to the architects, nearly every design feature has a rationale behind it, and is always putting children first. The way the building is designated is driven by the curriculum. The curriculum is research based which emphasizes,of course, basic competencies but also cooperative groups, hands-on learning, and computer and other technology. As Dr. Pedersen so aptly put it in his recent letter to the editor, schools are a different place then they were 20-30 years ago-even 10 years ago. To keep pace with a changing population with changing needs, it only makes sense to look to research and architectual design to help further the educational process. In conclusion, I hope you will approve, without delay, the recommendations of our school board, administrative staff, and educational specifications committee for a school that we believe we have planned well for and that needs to be built. Thank you your time. ?Tr 1,,Z)61y , ' N., t.),ci (f)6_.ss- < l 0-)--1 . rILL, Vo z i.-0 'ILL Cicr k 4:4..e.,- a i( 14,44e,- (+20-•8 :÷. fdi-A, ity-i Of (spEpoc..-44._, wi-it 0K cur eir , ..- ( 43 adfafift,4;) My n. e is Barbara Putney and I am the PTA President at Frank Porter Graham Elementary School this year. I want to urge you to approve funding for a new elementary school for Chapel Hill/Carrboro at the level requested by our school board. I think that I can speak for a majority of parents at our school by saying that we are extremely concerned about the increase in new house construction in our particular attendance zone_and the tesiVim, . increase in population that this brings." ..i,..-,4i,;,...--,%,- .. ,...1._ - - ..4......: ., -,t,„ ..,, ,;, - ;,----..- . ...-. i - le • 1 - a i - ; - 4 ii —'1' L7r —44 ir 4----, . :- L ' .4, 'To 5 — V - - ' Z 1:" want to si focus my remarks dn hov overcrowding has affected our school in particular The student enrollment at Frank Porter Graham has more than doubled in the last eight years, of from 325 students in 1986 to our c ent enrollment of 676. We have added almost 150 students in the last three years and we are now about 100 students over reco ended capacity. So many new students came in on the first day of school this year, that we had to set up two entirely new classrooms, hire two new teachers and teacher aides, and find rooms in which to place them, all done after school had started. .- -------,-;----+-_-:,-.-. . T ' - IV - I' .' ''''' —ra. - ; • '''' 0 TO — ''' '-e• ' ; '''4:••••;.• 5 Hi .. It has been extremely difficult to pl. . for this sort of explosive growth at the individual school level when the school is already too crowded. So far, we have installed two mobile classrooms, and we have lost our computer lab, our creative movement room, and the academically gifted classroom to regular classroom use. Two teacher workrooms have been lost to office space or to f specialized teaching, so copy machines are standing out in the hallways and in the middle of the library. Our small cafeteria, originally built to feed 325 students, now must start serving lunch at 10:40 and doesn't close do until 1 :10, only 1 hour before school is dismissed. This year, we can no longer have whole school assemblies; every performance or event must be scheduled twice in order to fit everyone into our small gym. We have only one art teacher and one music teacher. In order for them to offer all 29 classes at FPG art or music instruction each week, these teachers barely have time for a 15 minute lunch let alone find time for a bathroom break during the day. Our school is geographically landlocked between the flood plain of Morgan Creek and the newly widened Highway 54. We have very little, if any, 1. d area left for additional mobile classrooms. We currently have 70 parking spaces for over 90 employees. This leaves no space for our n erous parent volunteers, visitors or the many student teachers that come to us from C every spring and no space in which to extend the parking lot. This is the situation right now. Two large developments are currently underway along Culbreth road. The majority of families moving in are not moving from within the school district but are moving in frov out of state. It is very scary to m. y of us parents to looksouth of town along Highway 15-501 and watch Southern Village being built The proposed plans for this co unity include 1000 housing units, the first of which will be finished early next year. ere will these children go to school? How are we to fit them all into Fr. Porter Grah. ? Ga', Peb304 cry our total elementary enrollment is more than 500 students over the capacity of the schools right now. We could fill a new elementary school tomorrow. M. ty parents have told me that we need to start pla ing for a second new elementary school now, instead of wasting time justify the funding for the first school. These parents are seeing the effects on their children due to overcrowding and I hope 1 have enlightened you to these repercussions, also. �q- 1 9I?0/g y Presentation to Orange County Commissioners by Peter Morcombe at the OWASA building on September 20, 1994 On September 15, a lengthy letter by Neil Pedersen appeared in the Chapel Hill Herald. He was protesting an earlier editorial about the "McDougle muddle". On some points I agree with Pedersen. Simply said, the contractor was at fault. I also agree with Pedersen that liquidated damages will be very hard to collect and I urge the CHCCS not to waste taxpayer money by pursuing legal remedies. We will soon forget the drama surrounding the school opening but we will remember that the contractor, R.L.Casey, did good quality work and constructed a fine building. The company tried to hire the workers needed to complete the job on time but failed owing to an upturn in the economy which shrank the labor pool. Let us not punish them for an honest effort, particularly as no major harm has been done. Pedersen mentioned changes in the district administration as a result of his promotion and the departure of Richard Drake. The replacement staff members were not experienced in construction. This was good for the McDougle project in many ways, because the new people (Preyar and Mullins) lacked the confidence to micro-manage it. Instead, the management was left to the architects and the project manager (Gunning) who did a pretty good job. However, the writer completely destroyed his credibility when he turned to the flooding of my property. He showed that he is not big enough to admit a fault or make an apology. I was ready to let bygones be bygones until he used the despicable strategy of blaming the victim. Unlike the Menendez parents, I am very much alive, so I can say what really happened. It started with a mistake by the project engineer who failed to take adequate steps in response to a warning from Warren Faircloth (Orange County Erosion Control Office), in May 1992: "For example, the residence at 110 Lisa Drive appears to be straddling the drain way below the storm drain outlet at the southeast corner of the site. It is difficult to be sure but it appears that runoff is carried through a small pipe around the house, which works for the undeveloped watershed. However, the increase in runoff from the school will probably overwhelm this house." In the grand scheme of things it was a small mistake that would have cost less than $15,000 to correct if the district administrators had simply asked the engineers to fix it. Instead they chose to take charge of the situation themselves. This was indeed a "McDougle muddle". As a result of poor management skills, poor judgment and a string of broken promises, the final cost was over $90,000. The district school administrators were entirely to blame for the additional $75,000 and yet they only had to pay a fraction of this amount. Pedersen says that this indicates where the responsibility lies. The truth is that the Board of Education is exempt from most civil penalties so I had no alternative but to go after the engineering company in order to recover my costs and damages. This is bad law and there is increasing awareness that public servants should be subject to the laws that apply to the rest of us. When the flooding started, I had no reason to distrust the school administrators. To save time and money, I agreed to the construction of a drain system with the intake on my property. Seven months after the flooding started they reneged on this arrangement, so I took legal action. At this point, I no longer had any sympathy for the Board of Education and - insisted that the drain system be redesigned with the intake on their property. While this increased the cost and time to completion, the final result was much better. In my dealings with the district schools administrators, I expected to encounter stone walling, evasion and bureaucratic bungling. However, I also encountered a problem that I did not anticipate, namely very poor ethics. They broke promises. They lied to me both directly and through their attorney. Specific examples include reneging on a written agreement in July 1993. The following month, incorrect statements were published by their attorney. When these statements were shown to be false, no attempt was made to retract them or to apologize. In September of last year a board member made promises in the presence of my attorney and then failed to make good on them. I was later to discover that this kind of behavior is business as usual for our district administrators and they have the gall to censure Lavonda Burnette for much smaller lies. Oh, the hypocrisy of it all! It is time to demand higher standards of integrity and trust from our public servants. Something must be done to restore credibility and fiscal responsibility to the CHCCS system. Let us make a start by asking the Board of Education to come up with a better plan than to spend $11 million on an elementary school and do this by insisting on a bond referendum so that they will have to sell their plan to the voters. LETTERS TO THE EDITOR f 6 8y6. Says contractors to blame for school delay . 0-1AQUc.. 01..1.- I feel compelled to express my dis- about the progress of the work. I be- , , /�/� �.1 k appointment in the editorial, "Mc- lieve that there was adequate super- Dougle �Ll��'� muddle" (8124194). May I vision of the project. I .� • present a different point of view? Perhaps, we are guilty of putting 1' School planners had the foresight in too much faith in the assurances of 1991 to foresee the immediate need the contractors and the computerized for a new elementary, middle, and project sheets to which they referred. high school and advocated for this In realit ,however, th• '„• - •. Zia; package during discussions with the nation or e project falling behind, Orange County Commissioners on the schedule is that the contractors never, bond package. We selected a site on put the resources on the job site that , which two schools could built a_11.0 'were required to get the job done de- ,. could share some expensive facilities. 'spite our constant prodding to do so. . is as a rather creative.-costs-aving. • The only other leverage that we proposal that is becoming increas- had was the collection of liquidated ingly popular' damages. Although we will pursue Teachers were the major designers these,the reali is that_they are very of the facility as a tour of McDougle .1'. o c.1•r ... .' •.uire.in all , would make evident. There is ample II elihood,another legal battle. storage room, offices and telephones The editorial alludes to two othgr for teachers, and a variety of class- problems editorial aria the es tot. It is her rooms that support the instructional that excessive runoff water was r di- sign program for middle schools. The de- sign process was applauded by all par- rected to the lowest point in the site ticipants and many of those same which resulted in flooding of a neigh- teachers are now thrilled to be on the boring resident's property. McDougle faculty. The school has re- I won't rehash all of this,but suffice ceived two national design awards, it to say that we employed reputable Recognizing the urgent need for the civil engineers whose plans were ap- school, the administration devised a proved by the town of Carrboro's en- strategy with the county administra- gineers to design a system that met tors and commissioners which al- stringent codes.We are not experts in lowed us to proceed with the design this field.,The'fact that most of the of the middle school even before the compensation to the pro.e owner bond referendum was passed.The ref- VI .e pail y e engineering firm erendum was passed in November Indicates where the responsibility lies. 1992. We broke ground within a ;The solution was a song time coming month of the passage and 20 months and,I believe,many parties,including later the school was occupied. the property owner, share some re- I would challenge anyone to find ;sponsibility tor the delay. •, another school in the state that was The parking lot lights were ordered completed this soon after funds be- incorrectly; however, I would invite came available. There may be some you to visit the site in the evening. but I don't know of any.Compare this They seem very appropriate and it is project's history with that of the unlikely that they are going to have Chapel Hill town library, the bypass to be torn out.Considering the magni- and the county's projects from the rude of this project, do a few prob- 1988 bond referendum. Sure, we lems of this nature warrant accusa- could have targeted the school for a Lions of mismanagement? 1995 opening and made ourselves at 21 months look good.Instead,we pushed the sys- after the bond referendum bottom line is tfherendum was tern to the limits in an effort to pro- passed, a nationally recognized mid- dents relief to our middle school stn- P dents as soon as possible. die school is open, as scheduled, for es in the administration the 199495 school year and was com- Chan a Dieted within budget. I. didn't make this accomplishment any • I have heard nothing but rave re- easier. the two primary leaders Oct g GR, +M ( this proiectre Richard Drake di- views from staff, students, and par- 1,rector of facilities, an. : in m ents about the new facility. I am dis- ormer ca ace as assistaII supgrlrl, mayed that what could have been one tendent or support-5ervices.Dick left of the most positive stories about a the district shortly after McDougle's wonderful addition to our community_ construction began and I was pro- ,has been repotted as a hlight on The , moted to superintendent two years school district_ ago.Otte revlacements weresf QttLiuit ''A sloppy lob from start to finish,' side-[he_ d_ignct antL.neither–hatLdi- in Amy opinion, is not a fair or ac- rect experience in school construc-, curate summation of this project orrof, Hon. school officials'performance. In order to provide adequate super- Nell Pedersen vision for the project,.we contracted:,, The writer,Is the-superintendent of, our architects for mull-lime the Chapel HIII-Carrbor'o City',Schools. clerk of the wor — someone who The length limit was waived to allow a wou a on site everyday to super- longer response to the editorial. vise the contractors as the owner's representative. This resource Was in FT,r 1 i. ' j'e ti 0 l' addition to the standard project over - t,>� it,L� eiu fir; a , sight provided through our architects 'z ' ' rk.+'j J" �,,i j" The clerk of the works,the director of leas.,}$9��l i iv,ten3�jktdtit (t iTs facilities and the principal met with G`p1 peIS,. I ti 1 ettg the contractors on a weekly basis 4 gt, r'1Ch e, II I o X58 •1. since last winter. , , '61,6}8 55' pt • .• I personally met with the general 34 6 9rare s o i t ' }� M' contractor on two occasions as early juo r hr w` 4� i! ,lr, as last January to express my concern .i f,h'�' `•,'pn "a, ,,: ' .a°-•'+ '''',' 110 LAci, 1� �,,m., 710 27510 TELEPHONE: 919-942-5461 (Home), 919-660-2661 (Bus.) May 14, 1994 Karen Lange Chapel Hill Herald 106, Mallette Street Chapel Hill, NC 27516 Dear Ms. Lange, You wanted to know whether my flooding problems were resolved. I am happy to report that a drain was installed through my property last Thanksgiving and that stopped the flooding. On May 12, compensation for professional costs and damages to this property was received. At last, the ordeal by flood is over and I now hope to put the whole sorry mess behind me. This in itself may not be much of a story but the taxpayers of this district may be interested to know how their money is being wasted. In April of last year I reached an agreement with the schools administration, which would have resolved the problems. At that time, I was doing my best to make it easy and inexpensive for the Board of Education. I agreed to allow them to erect the necessary drain intakes on my property so as to avoid the need for them to make modifications to the McDougle middle school site. In July, I was asked to take responsibility for maintaining the drain and when I refused, the BoE reneged on our agreement. I then took legal action which forced them to carry out the maintenance and more construction than we had earlier agreed: Description April '93 May '94 $ $ Morcombe's professional fees 717 22,617 Morcombe's damages 2,000 22,383 BoE professional fees 1,000 5,000 Construction costs 11,000 35,000 Carrboro town professional fees 0 5,000 TOTAL 14,717 90,000 The increase in our costs was primarily in legal and professional fees in preparation for court hearings. Our damages increased because the flooding incidents got worse as the site was developed. The BoE costs are a rough estimate only and the real costs are probably greater. The construction costs are based on information given me verbally by the architect. When I was forced to take legal action I insisted that the drain intakes be moved onto school property. This led to a major design revision which increased the construction costs and forced Carrboro Town to bring in Henry Wells as a consultant. The responsibility for this waste of time and money is with the BoE. They controlled the middle school project and they controlled the negotiations from start to finish. In spite of this, they have only had to pay a small proportion of the cost. The project engineers, Greenhorne and O'Mara and the town of Carrboro seem to have paid the lion's share. In the end, it is the taxpayer who will pick up the tab. Sadly, our schools administrators are a very litigious bunch. This is not an isolated incident. They invite one law suit after another by trampling on people's rights. In addition to the quantifiable costs, cases such as ours waste an enormous amount of time because so many people get involved. My wife and I have spent over 300 hours fighting this case, which made 1993 a miserable year for us. What is worse, our legal remedies provide no compensation for the time we spent or the suffering we were subjected to. I was quite amazed by the number of people who have been directly involved in this case and compiled the attached list for your information. You could contact some of these people to get an alternative view of these events. In my opinion, the district administration displayed a dangerous combination of arrogance and poor management skills that led to a waste of over $75,000 on what should have been a very minor problem. Naturally, I began to wonder how well they were managing their main task of educating our children. So far, I have found very little to reassure me. Costs are escalating, academic standards are falling and the community is becoming increasingly divided on school issues. Finally, I am sending a copy of this letter to Rolland Wrenn. She is the only media person who understood how stressful an attack on one's property can be. A violent personal assault is a terrible thing but it is usually over very quickly. Our problem just went on and on. The flooding incidents increased in severity as the months went by and nobody seemed to care. We really appreciated the column that Rolland wrote. It helped us to keep going when the situation seemed hopeless. Sincerely, Peter H. Morcombe, Carrboro. CC: Rolland Wrenn Name Phone Remarks Our team Robert Jervis 688-5571 Attorney Craig Morgan 493-6836 Professional engineer George Birmingham 477-4712 Contracting consultant W.M.Richardson 688-8717 Real estate consultant W.D.Osborne 493-2936 General contractor E.Kinnaird Carrboro mayor. Provided affidavit G.Shahady UNC physician. Provided affidavit Linda Lloyd Neighbor. Provided affidavit Ulrich Neumann Neighbor. Provided affidavit Wilson Imenephro Orkin. Crawl space inspector Media Karen Lange Herald-Sun Rolland Wrenn Herald-Sun Mark Schultz Herald-Sun Vic Simpson Chapel Hill News Bill Leslie WRAL TV5 Shaun von Schrieber WRAL TV5 Government George Greene Judge, Superior Court, Hillsboro Robert Beason Attorney. Mediated settlement Roy Williford 968-7714 Town of Carrboro Robert Morgan 968-7706 Town of Carrboro Keith Langford Town of Carrboro Chris Peterson Town of Carrboro Warren Faircloth 968-4501 Orange County erosion control John Holley 571-4700 NCDEHNR Dan Riley LPA Group. Consultant Henry Wells Sungate Design. Consultant CHCCS John McCormick 929-7171 Attorney Mary Bushnell 929-8832 Ex-chairperson BoE Richard Drake Ex-Lincoln Center. Chester Preyar Lincoln Center Niel Pedersen Lincoln Center Architects (Haskins, Rice, Savage & Pearce) Wayne Roberts 831-1831 Project architect Clymer Cease 831-1831 Architect Tim Gunning 932-2803 Project manager Mac Nance 787-9751 Director, construction administration Engineers (Greenhorns & O'Mara) Steve Bondor 851-1919 Project engineer Jeffrey Blair 851-1919 Engineer Dick Garber 301-982-2800 Attorney James Thornton Attorney ?/4-F: 9/0„,.70//q51 SIGN UP SHEET - SIGN UP SHEET - SIGN UP SHEET - SIGN UP SHEET IF YOU WISH TO SPEAK EITHER IN SUPPORT OR OPPOSITION TO THE CHAPEL HILL/CARRBORO SCHOOL DISTRICT PLAN FOR THE NEW ELEMENTARY SCHOOL PLEASE SIGN BELOW . TEN MINUTES WILL RE GIVEN TO EACH POSITION. SPEAKERS WILL BE CALLED AS THE APPEAR ON THE LIST. IF YOU WOULD LIKE TO APPOINT A SPOKESPERSON PLEASE ARRANGE THAT AMONG YOURSELVES AND HAVE THAT PERSON SIGN ON THE LIST . THANK YOU FOR YOUR HELP . SPEAKING IN SPEAKING IN NAME OPPOSITION SUPPORT t/V/;44-274 rr-'11...:<-1g • 12.a) .. A 4ENI Z op '• Mee ---E° ti - - A ' A iii V „.----- ,',41 1 di ... . V.7 i ' ie -711 g cv7fe /— girtd.4dd -i -404'4.dd,±_... P4 ____ 4 FAA?, I,- •ite-i " t . - . . ,„,/ .._. ..._ ._„„ .... „,.. ______, .........._ .,.._ . ......... .........._ .... ..... • ........m., ........ SIGN UP SHEET - SIGN UP SHEET - SIGN UP SHEET - SIGN UP SHEET IF YOU WISH TO SPEAK EITHER IN SUPPORT OR OPPOSITION TO THE CHAPEL HILL/CARRBORO SCHOOL DISTRICT PLAN FOR THE NEW ELEMENTARY SCHOOL PLEASE SIGN BELOW , TEN MINUTES WILL BE GIVEN TO EACH POSITION , SPEAKERS WILL BE CALLED AS THE APPEAR ON THE LIST , IF YOU WOULD LIKE TO APPOINT A SPOKESPERSON PLEASE ARRANGE THAT AMONG YOURSELVES AND HAVE THAT PERSON SIGN ON THE LIST . 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Chapel Hill-Carrboro City Schools September 1994 Commissioners will discuss new school on September 20 Elementary school planning process began three years ago The Orange County Board of Commissioners will discuss the proposed new elementary school again on Tuesday, September 20 in a meeting at OWASA which begins at 7:30 pm. The commissioners began discussions of the new school's funding on September 6 and are ex- pected to determine the funding level of the new school so that construction can proceed. Plans call for the school to open in 1996. The last elementary school that was built in the dis- trict, Ephesus Elementary, was constructed in 1972 or 22 years ago. Questions and answers about the proposed new elementary school When was a new elementary school first proposed by the Board of Education? In 1990 the Long-Range Facility Planning Committee recommended to the Board of Education that the district begin planning immediately for the construction of a new elementary, middle, and high school, with a second elementary school recommended prior to the end of the decade. The middle and high schools were included in the 1992 bond referendum, but the Commissioners eliminated the elementary school to keep costs down. Why is another elementary school needed? The capacity of the district's present six elementary schools is 3150, excluding mobile class- rooms. Enrollment in the elementary schools stands at 3662 today. It is projected to increase to 3931 by 1996-97. There are 19 mobile classrooms on our elementary campuses at this time. Where will the school be built? The school will be built on the same campus as McDougle Middle School. McDougle is lo- cated near the intersection of Old Fayetteville Road and Hillsborough Road in Carrboro. In fact, the elementary school will be attached to McDougle Middle and will share a media center, cafeteria and kitchen, and mechanical equipment. Which students will attend the school? A redistricting committee is being formed this fall to redraw attendance boundaries; therefore, we cannot say with certainty right now who will attend. How many students will the school hold? The school is designed for approximately 600 students in grades K-5, 18 pre-schoolers, and 22 exceptional education students (640 total). (continued on reverse) How will the school differ in design from our other schools? Educational practices and school organizations have changed significantly since our other elementary schools were built. Today, students are more active, working at centers on projects while their teachers serve as coaches. There are more supplies and equipment required and, of course, technology has become a way of life. Teachers work in teams with their colleagues and students move flexibly within these teams. An effort is made to create a family-like setting rather than a cold institutional one with seemingly endless corridors and identical rooms. Classroom clusters will have their own student restrooms, storage and office facilities to support after-school programs, and possi- bly, year-round schools. There will be a variety of instructional spaces with classrooms being supple- mented with areas for both small and large group instruction. How much will it cost? The projected cost of the elementary school is $10.6 million. This includes construction, equip- ment and furnishings, technology, the media collection, textbooks, and other one-time start-up costs. Two years ago the cost of the project was estimated to be $10 million for construction and furnishings and an additional $1 million for technology. Since that time, it is estimated that construction costs have increased by approximately 20 percent due to the number of large scale public projects being bid this year. Consequently, the size of the school was reduced in an effort to stay within this budget. The school will cost $71 per square foot, and the state average for schools is approximately $69-$70. How will it be paid for? Financing the school is the responsibility of the Orange County Commissioners; however, there has been a preliminary agreement that the school will be funded through the school district's capital budget and impact fees. This means that no tax increase would be necessary to construct the school. The Commissioners will sell certificates of participation or pursue other private financing options to raise the necessary revenues. Will it be energy efficient? The elementary school will be designed along the same lines as McDougle Middle School which was part of a state pilot program for designing energy efficient schools. Energy efficient fea- tures include daylighting, energy efficient glass, canopies to screen direct sunlight, energy efficient lighting and heating and cooling systems, and highly insulated roofing systems. Each classroom will have energy efficient controls which can be more closely regulated rather than one switch controlling one corridor or the whole school. All cooking equipment will be fueled by natural gas which is consid- ered to be a clean, efficient and less expensive fuel. What is the construction schedule? If approvals are obtained as scheduled, ground could be broken by December, 1994 with the school scheduled for completion by June, 1996. All six elementary schools are over capacity without mobile classrooms Elementary School Capacity* 1994 Enrollment Number of Mobile Classes Carrboro 600 635 1 Ephesus 500 634 5 Estes Hills 550 582 1 Frank Porter Graham 575 676 2 Glenwood 450 452 4 Seawell 475 683 6 Total 3,150 3,662 19 *does not include mobile classrooms 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. =y-e. ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: PRESENTATION OF FINAL DESIGN OF SOUTHERN HUMAN SERVICES CENTER DEPARTMENT: PURCHASING AND CENTRAL SERVICES PUBLIC HEARING: YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext.2650 Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To receive information regarding the status of the Southern Human Services Center Project and to approve the design. BACKGROUND: The Southern Human Services Center Planning Committee has been working with the Center users and with the Project Architect for several months to develop a design, upon which the Board is now requested to review and approve. Some of the primary goals of the Planning Committee have been to ensure that the facility was user friendly to the client and employee alike, that it was a "good fit" architecturally into the neighborhood and that it was a model for energy efficiency. The resulting design appears to meet those goals well. The Board is specifically asked to comment on the meeting room design as well as the building materials proposed for the facility. As a reminder,the Planning Committee includes Steve Halkiotis and Alice Gordon (BOCC), Ned Brooks and Anne Maddry(neighborhood representatives),John Link,Albert Kittrell,Paul Thames, Marti Pryor- Cook and Pam Jones (County staff). The Planning Staff from both Chapel Hill and Orange County provided technical assistance as well. Roger Walden and Marvin Collins were ex-officio members. Mark Zack, project architect with Hakan/Corley and Associates,will be present to share the site plan, floor plan and renderings of the preliminary building elevations. All regulatory issues have been met and it is anticipated that the project will be ready for bidding by the end of the year. RECOMMENDATION: The Manager recommends that the Board receive the information and endorse the plan presented. 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 Action Agenda Item # SUBJECT: Sewer Easement Agreement with Hillsborough DEPARTMENT: County Manager PUBLIC HEARING: Yes _X_No ATTACHMENT(S) : INFORMATION CONTACT: County Engineer ext. 2300 Easement Agreement TELEPHONE NUMBERS: Vicinity Map and Property Hillsborough - 732-8181 Plat (under separate cover) Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To present a proposed sewer easement agreement to the Board of County Commissioners for its approval and execution BACKGROUND: For some time, the Town of Hillsborough has had problems with the capacity of its sanitary sewer system serving the portion of its service area lying south of Interstate 85 and along Hwy 86. Sewer service to the New Hope Elementary School, Wildwood subdivision and Woodsedge Mobile Home Park has been provided by a network of force mains and pumping stations. The Town, the County and the County Board of Education have, in the past, participated financially in sewer construction projects which have improved the sewer capacity in the area by eliminating pumping stations, force main bottlenecks, etc. The Town and the Board of Education are currently cooperating in a new project to improve capacity in the area so that the new middle school on Hwy 86 can receive municipal sewer service. Plans for the new middle school call for an on-site gravity sewer collection network which is to be connected, via approximately 500 feet of off-site gravity line, to an existing pump station which was constructed to serve the elementary school. This pump station is connected via force main to another existing pump station located at the Wildwood subdivision. The Wildwood pump station is currently operating at full capacity and represents a bottleneck in terms of providing sewer service to the middle school. The Town has proposes to eliminate the pump station bottleneck by extending gravity sewer service to Wildwood and removing the Wildwood pump station from service. 2 The proposed gravity sewer service is to be extended by means of an eighteen inch interceptor line constructed along Cates Creek from the end of the Town' s existing gravity collection system near Wilmore Electric to a new manhole located a point just north of Interstate 85. From this manhole, located at the point where Cates Creek intersects a tributary stream flowing from the Wildwood area, a twelve inch outfall line will be extended along the tributary, under Interstate 85 to the Wildwood pump station. The pumps at the pump station will be removed and the structure converted to a manhole. The eighteen inch Cates Creek sewer interceptor will, for the present, terminate at the manhole at the intersection of Cates Creek and the Wildwood tributary. At some future date, the interceptor could be extended south and southwest along Cates Creek, under Interstate 85, to the vicinity of the intersection of Interstate 40 and Old Hwy 86. The service area implications of this potentiality are being discussed by the I-40/old NC 86 Economic Development District Workgroup. The potential for providing sewer service to the northeast and northwest quadrants of the 1-40 and old NC 86 interchange has been favorably considered by this group. The proposed Cates Creek interceptor crosses property owned by Orange County and currently the site of the Orange Enterprises facility. The property is located on Valley Forge Road which intersects Hwy 86 approximately 2000 feet north of the intersection of NC 86 and Interstate 85. The entire parcel contains approximately three acres and the easement requested contains approximately one-half acre. The Orange Enterprises building is located in the southwest corner of the parcel, on the Valley Forge Road frontage. The proposed easement runs all the way across the rear of the property and lies in an unused and unusable (from a building standpoint) heavily wooded area within the Cates Creek floodplain. The proposed easement does not interfere with the existing building, parking area or other facilities. The proposed location of the Cates Creek interceptor represents a potential benefit to the County and Orange Enterprises. Sewer service to the Orange Enterprises building is currently provided through the use of a small and sometimes problematic sewer pumping station. The proposed location of the interceptor would furnish a means of providing the building with a gravity sewer connection and eliminating the existing sewer pump. The installation of the interceptor along Cates Creek could also benefit County economic development efforts by providing the access to municipal sewer service that is necessary for the expansion of Eurosport. This company, which specializes in catalogue sales of soccer clothing and equipment, is located in the old White Furniture complex on Hwy 70 Business. The facility is currently served by an aging 3 conventional septic tank system which cannot be enlarged or modified to accommodate Eurosport' s efforts to expand its office, shipping and warehouse areas within the unoccupied portions of the existing buildings and facilities. RECOMMENDATION: The Manager recommends that the Board: a) review the Easement Agreement and determine if the County will convey the easement to Hillsborough; b) if the easement is to be conveyed, authorize the Chair, the County Manager and the County Attorney, to determine the value of the easement, devise modifications (consistent with the intent of the approved easement agreement) to the agreement as required to secure accord among the parties to the easement agreement, and negotiate a settlement with Hillsborough; and c) if the easement is to be conveyed, authorize the Chair to approve the settlement and to sign and execute the agreement. AHEA0906.doc 4 STANDARD FORM ORANGE COUNTY DEED OF EASEMENT (SEWER LINE EASEMENT) NORTH CAROLINA THIS DEED OF EASEMENT, made this day of 19 , by and between Orange County. , Hillsborough, North Carolina ( "Grantor") and the Town of Hillsborough, North Carolina, a municipal corporation, 101 East Orange Street, P. 0. Box 429, Hillsborough, North Carolina 27278 (the "Town") : WITNESSETH: THAT WHEREAS, Grantor is the owner of certain real properties located in Hillsborough Township, being identified as Lot No. 8F, of Block A, Tax Map 40 and being more specifically described in Book 460 , at Page 283 , Orange County Registry (the "Property") ; THAT WHEREAS, the Town of Hillsborough proposed to construct or otherwise improve its sewer system along or near Cates Creek; NOW, THEREFORE, Grantor does hereby donate, give, grant, quitclaim, and convey unto the Town of Hillsborough, its successors and assigns, the right privilege and perpetual easement over, upon and through the Property to construct, install, maintain, repair, modify or remove one or more underground sewer lines, all as more specifically described and located on a copy of a plat which is recorded in Book 71 , at Pages 89, 90, and 91 Orange County Registry, said easement being a twenty foot wide permanent 5 easement; together with a perpetual right and easement to go upon the Property whenever the same is reasonably necessary for the purposes of constructing, inspecting, and maintaining said lines and making all necessary alterations and repairs thereto. The Town of Hillsborough shall remove all surplus earth, shall make level the surface of the ground above said lines and apparatus, and shall interfere as little as is reasonably possible with any plants, fences, or other improvements upon the property, provided that such plants, fences and other improvements shall not interfere with the right of the Town of Hillsborough of ingress and egress to the Property for the purpose of maintenance and repair of said main or mains or the construction and repair of laterals and connections, and such plants, fences and other improvements shall not interfere with the Town of Hillsborough's maintenance operation or installation of the lines. The Town of Hillsborough shall also have the right of ingress and regress through, over, and across the Property to and from said easements at such times as the Town of Hillsborough deems it necessary for the purpose of constructing, maintaining, and inspecting said lines and of making all necessary alterations and repairs thereto; the lines of pipe shall be located at such point or points, elevation or elevations below the surface of the earth as shall be necessary, for proper operation of the system, and shall be established at the proper grade for running said lines and for conveying sewage as aforesaid, and said manholes, if any, shall be at such point below or above the surface of the earth as 6 may be necessary for the proper operation of said pipe line or lines; and the Town of Hillsborough shall have the right, privilege and easement to tap the line or lines and construct laterals from the main to the outside boundary of right-of-way over which this easement and privilege extends. It is understood and agreed by the parties that the execution and delivery of this deed of easement by the Grantor and its acceptance by the Town of Hillsborough shall not obligate it to construct sewer lines or permit connections to its sewer system. It is further understood and agreed that failure of the Town of Hillsborough to construct improvements within the said easement and/or to clear or keep cleared of land shall not impair in any way the rights, privileges and easements conveyed hereunder. (Seal) (Seal) Grantor covenants with Grantee that Grantor is seized of the premises in fee simple, has the right to convey the rights, 7 privileges and easements which are granted herein, that title is free and clear of all liens and encumbrances which may effect the said rights, privileges and easements conveyed herein, and Grantor will warrant and defend the title to said easements against the claims of all persons or parties whomsoever. IN TESTIMONY WHEREOF, Grantor has hereunto set his hand and seal the year and day first above written. STATE OF NORTH CAROLINA COUNTY OF ORANGE , a Notary Public for said County and State, do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal. Notary Public My commission expires: ORANGE COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOIIUGAIL JI N.,C. CONTR4 jOrr ORANGE COUNTY B uOF COMMISSIONERS Moses Carey,Jr. 732-8181 Alice M. Gordon SEPTEMBER 20, 1994 968-4501 Stephen H.Halkiotis REGULAR MEETING 688-7331 Verla C. Insko 227-2031 Don Willhoit 644-3004 (Fax) V. RESOLUTIONS/PROCLAMATIONS Proclamation--Minority Enterprise De elopment Week • ;;i q - fe VIII. ITEMS FOR DECISION - CONSENT AGENDA C. C.A.T. AGREEMENT ADDENDUM E. LAND RECORDS MANAGEMENT GRANT 77 7 F. REALIGNMENT OF STAFF HOURS IN THE COUNTY COMMISSIONERS' OFFICE H. APPOINTMENTS I. MINUTES IX. ITEMS FOR DECISION - REGULAR AGENDA D. SEWER EASEMENT AGREEMENT WITH HILLSBOROUGH POSTPONED E. PINEY MOUNTAIN GRANT FUNDING PROPOSAL *Pi /57frgil-1 /6),//fAK79) F. PROFESSIONAL ASSISTANCE--JUSTICE FACILITY STUDY GROUP 3-- YOU COUNT IN ORANGE COUNTY ! LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE 129 E.TRYON STREET KIM K.STEFFAN P.0.DRAWER 1529 JANET B.DUTTON HILLSBOROUGH,NORTH CAROLINA 27278 DOUGLAS P.THOREN (919)732-2196 FAX(919)732-7997 October 20, 1994 Ms. Beverly A. Blythe Clerk to the Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Piney Mountain wastewater system project Dear Beverly: Enclosed are the County's originally signed agreements relating to the Piney Mountain sewer project. Please keep the Agreements in the permanent County file. With a copy of this letter to Ralph Karpinos, Michael Brough and Greg Feller, I am providing them copies of the executed agreements . Very truly yours, COLE , GLEDHILL & HARGRAVE, P.C. • 411k 'eo fre ledhill GEG/lsg Enclosures xc: Michael B. Brough, Esquire Greg Feller Ralph D. Karpinos, Esquire lsg\home3\blythe2.1tr NORTH CAROLINA ORANGE COUNTY AGREEMENT APPROVING EXTENSION OF AND RESTRICTIONS REGARDING CONNECTIONS TO A PUBLIC SEWER LINE TO BE CONSTRUCTED TO PROVIDE PUBLIC SEWER COLLECTION SERVICE SOLELY TO PINEY MOUNTAIN SUBDIVISION THIS AGREEMENT is made and entered into this the 12th day of October, 1994, by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes, with its principal office in Carrboro, North Carolina, Orange County, a body politic and corporate and a political subdivision of the State of North Carolina and the Piney Mountain Homeowners Association, a North Carolina not for profit corporation (being duly authorized to act and acting for and on behalf of the owners of lots 1-13 and 15-59 in that subdivision, their grantees, successors and assigns) . WITNESSETH WHEREAS, the on-site sanitary sewer collection system serving lots in the Piney Mountain Subdivision in Orange County has failed; repairs or construction of a replacement on-site system which would serve all fifty-eight (58) lots in the Piney Mountain Subdivision not possible because of unsuitable soils in more than sixty-five percent of the area available for use as wastewater drainfield; and therefore, a public health emergency as defined in the Orange County Water and Sewer Policy exists; and WHEREAS, the Piney Mountain Homeowners Association, representing owners of lots and homes in the Piney Mountain 1 Subdivision, has petitioned Orange County, the Towns of Chapel Hill and Carrboro, the City of Durham, and Orange Water and Sewer Authority to allow the extension of a public sewer collector main, and the construction and operation of related facilities, all as may be necessary to collect and transport wastewater from homes constructed or to be constructed in the Piney Mountain Subdivision to the Durham County line where it will be connected to and the wastewater thence transported through City of Durham mains for treatment in the wastewater treatment system operated by the City of Durham; and WHEREAS, the Towns of Chapel Hill and Carrboro and Orange County entered into a Joint Planning Agreement in 1987 which identifies an area known as the Rural Buffer in which the Piney Mountain Subdivision is located and which provides for residential development only, limited to a density of no more than one residence per two acres; pursuant to that Agreement, the Towns of Chapel Hill and Carrboro and Orange County have adopted a Joint Planning Area Land Use Plan which contains significant limitations on public water and sewer extensions into the Rural Buffer and significant policy preferences against these extensions; and, WHEREAS, Piney Mountain Subdivision is located within an area subject to the planning and zoning jurisdiction of Orange County, within the Rural Buffer, and is zoned Rural Buffer (RB) ; and, WHEREAS, Orange County has adopted a Water and Sewer Policy, in part, to implement the Joint Planning Area Land Use Plan limitations on the extension of public water and sewer system 2 extensions into the Rural Buffer; that Policy states , in pertinent part, as follows : "Public water and sewer facilities should be extended in accordance with the Land Use Element of the Orange County Comprehensive Plan. Such facilities will be encouraged, where they are available, in the Plan' s Urban and Transition areas, and will be discouraged in Rural and Agricultural areas, except where their provision will enhance the rural character and provide for open space by allowing clustered development. " and, "Outside of Transition Areas , extension of water or sewer systems will only occur to provide service to an essential public facility, such as a school, or to remedy a public health emergency not otherwise correctable, such as a failing septic tank or failing package treatment plant( . ) ; " and, WHEREAS , the parties and the Towns of Chapel Hill and Carrboro have agreed that the Piney Mountain Subdivision petition ought to be allowed, notwithstanding the limitations and policy preferences against public sewer extensions contained in the Joint Planning Area Land Use Plan, as specifically contemplated under the Orange County Water and Sewer Policy, as necessary to alleviate a public health emergency, but without thereby intending or effecting any modification or other limitation to the continuing effect of the Joint Planning Area Land Use Plan's restrictions on public sewer extensions or connections within the Rural Buffer; and 3 WHEREAS, Orange Water and Sewer Authority has adopted a Mains Extension Policy which, consistent with the Joint Planning Agreement, Joint Planning Area Land Use Plan, and the Orange County Water and Sewer Policy, prohibits the extension of public water and sewer lines into the area designated as Rural Buffer, except as necessary to alleviate a public health emergency; and WHEREAS, the Town of Chapel Hill and the City of Durham have agreed to an annexation boundary to the west of which Durham will not seek to annex properties into its city limits, and to the east of which Chapel Hill has agreed not to annex properties into its town limits, and the Piney Mountain Subdivision is to the west of that annexation boundary line; and WHEREAS, Orange Water and Sewer Authority and the City of Durham have entered into a Service Area Boundary Agreement which provides that Orange Water and Sewer Authority will serve those properties lying west of the annexation boundary agreement between Chapel Hill and Durham, and thus the Piney Mountain Subdivision is within the area where the City of Durham has agreed not to extend water or sewer lines or service; however, notwithstanding that agreement, and without intending to effect any modification to that agreement as it may apply to any property other than the present Piney Mountain Subdivision lots, or to any improvements not constructed within that subdivision as of the date of this Agreement, the parties wish to authorize the connection of a line to be constructed from Piney Mountain Subdivision to a receiving main owned by the City of Durham at the Durham County line, for the 4 sole purpose of receiving wastewater from homes constructed and to be constructed on the fifty-nine lots which now constitute the Piney Mountain Subdivision; and WHEREAS, a Memorandum of Understanding entered into in 1989 by and among Orange Water and Sewer Authority, Orange County, the Town of Chapel Hill and the Town of Carrboro provides that the parties will communicate regularly about matters of mutual concern, specifically including water and sewer extension policies and development requests that would require water and/or sewer service extensions into areas not developed to urban densities, and the parties acknowledge by this Agreement their agreement to cooperate together to serve their respective and mutual interests, one of which is providing for prompt action to alleviate the existing public health emergency at Piney Mountain Subdivision, while at the same time preserving the nature and effect of the mutual undertaking of the parties and the Towns of Chapel Hill and Carrboro not to provide sewer service extensions or otherwise to provide public sewer service in the Rural Buffer except as provided in the Orange County Water and Sewer Policy as may be necessary to alleviate a public health emergency; and WHEREAS, Orange County, the Towns of Chapel Hill and Carrboro, the City of Durham and OWASA have all, by resolution of their governing boards and by collateral agreements between and among some of them, approved the connection of the Piney Mountain Subdivision to the public sewer system of the City of Durham to 5 a correct the public health emergency created by the failed septic system serving the Piney Mountain Subdivision; and WHEREAS, the County, the Towns, the City and the Authority are particularly concerned that their determination to approve the Piney Mountain Subdivision line, to alleviate the public health emergency, shall not effect any abrogation either of their zoning and subdivision regulations, or their water and sewer policies, or their cooperative agreements, or their respective commitments and efforts to preserve open space and the character of the Rural Buffer, and to make adequate provision for public educational facilities, and watershed and natural drainage preservation; and WHEREAS, the parties have therefore deteL-mined that the sewer main and related facilities to be constructed and/or operated hereunder to alleviate the existing public health emergency at Piney Mountain Subdivision shall be restricted for use solely for that purpose, and that further connections thereto will not be allowed to serve either any new development, or any existing development in the absence of a public health emergency not otherwise correctable as defined in the Orange County Water and Sewer Policy. NOW, THEREFORE, the parties have agreed for themselves and for their successors and assigns : 1 . In order to alleviate the existing public health emergency, a sewer force main and appropriate pumps and facilities (sized and constructed in accordance with the specifications and requirements of the Orange Water and Sewer Authority, as necessary 6 to collect and convey wastewater from the existing improvements in the Piney Mountain Subdivision to the Durham County line, where the same shall be connected with sewer main facilities operated by the City of Durham) , shall be constructed by Orange County or its designee and, at the sole expense of the Piney Mountain Homeowners Association, and/or its members or designate. In the event that Orange County is the recipient of a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" ) for the construction of the Piney Mountain Subdivision wastewater system or any part of it, Orange County agrees to apply the State Grant funds to grant eligible construction expenses . And, in consideration of the conditions, restrictions, and undertakings herein recited among the parties, the Piney Mountain Homeowners Association has agreed to convey and shall convey the said system facilities to Orange County or its designee, which shall thereafter operate and maintain the same in accordance with the terms, conditions, restrictions and undertakings herein recited and in accordance with the terms, conditions, restrictions and undertakings of any other agreement or agreements among the parties or any of them and with other parties related to the Piney Mountain Subdivision wastewater collection system. 2 . The area that may be connected to the sewer main and related facilities constructed in accordance with this Agreement is the Piney Mountain Subdivision only, a subdivision of approximately 120 acres located within Chapel Hill Township approximately one 7 mile west of the Orange/Durham County line on the north side of Mount Sinai Road (SR 1718) . It encompasses fifty-nine platted residential single family lots described as Piney Mountain Subdivision Phase I , Lots 1-24 and Phase 2 , Lots 25-59 , as recorded in Plat Book 49 , Pages 85 & 86, Plat Book 52 , Page 183, and Plat Book 58, Pages 129 & 130 , Orange County Registry. Lot 14 of the Piney Mountain Subdivision is not now connected to the existing Subdivision wastewater system but is served by an individual septic tank. That lot may be served by the sewer main and related facilities upon approval by OWASA and the satisfaction of any assessment obligation prescribed by the Piney Mountain Homeowners Association. 3 . The sewer main and related facilities constructed in accordance with this Agreement to serve the Piney Mountain Subdivision, and originally connected to the City of Durham main at the county line, will be connected to OWASA. mains when the same may be constructed in the area proximate to Piney Mountain Subdivision, and the cost of construction of facilities and connections to join this line to future OWASA lines shall be paid by the Piney Mountain Homeowners Association through assessments of the owners of lots within the Piney Mountain Subdivision. If for any reason OWASA is unable to continue its agreement with the City of Durham providing for the City of Durham to receive and treat waste from Piney Mountain Subdivision through the line to be constructed hereunder, the owners of lots in Piney Mountain Subdivision shall be responsible for and shall pay to OWASA the cost of an appropriate 8 line and connection to the OWASA sewer collection system as may be necessary to connect the Piney Mountain system to OWASA collector mains leading to OWASA's wastewater treatment facilities unless the owners of lots in Piney Mountain Subdivision make provision for a privately-owned wastewater disposal system and service. In the event OWASA elects to discontinue its agreement with the City of Durham and to connect the Piney Mountain Subdivision to its sewer collection system at a time when its sewer mains are not proximate to Piney Mountain Subdivision, OWASA shall do so at its expense. Any such connection to OWASA's wastewater collector mains and wastewater treatment facilities shall be in accordance with the terms, conditions, restrictions and undertakings herein recited. 4 . In consideration of acceptance, operation and maintenance of the sewer main and related system facilities by Orange Water and Sewer Authority, the owners of properties to be connected to the sewer main to be constructed have agreed to pay and shall pay to Orange Water and Sewer Authority rates, fees and charges calculated by the Authority as those necessary to recover the direct and indirect costs of the services provided, including reasonable reserves for maintenance and replacement of the facilities necessary to provide the service to the Piney Mountain Subdivision, and a reasonable charge representing recovery of a share of the cost of OWASA's existing capital plant and facilities used to provide service to the subdivision. The rates and charges may be different from those charged customers of OWASA's existing sewer system, and shall include provisions for recovery of such direct 9 and indirect costs as may be incurred and paid to the City of Durham for its acceptance and treatment of the wastewater from the Piney Mountain Subdivision. Neither the Piney Mountain Homeowners Association nor any property owner served by the wastewater collection and treatment facilities shall make any claim based upon discrimination based on rates, fees or charges, and in the event of any such claim in derogation of this covenant, the claimant shall be liable for OWASA's costs of defense, including reasonable attorneys fees . 5 . The main and facilities constructed hereunder shall be used solely to provide service to the homes constructed and to be constructed on the lots which now constitute the Piney Mountain Subdivision as described in paragraph 2 of this Agreement. Orange Water and Sewer Authority shall not permit, nor shall any of the other parties to this Agreement request or attempt to permit, or approve any development which would require connections to this line to serve properties other than the 59 presently platted lots within the Piney Mountain Subdivision, except as may be necessary to alleviate a public health emergency, except by and with the consent of the Orange Water and Sewer Authority, Orange County and the Towns of Chapel Hill and Carrboro. 6 . Orange Water and Sewer Authority and the City of Durham have executed a separate Agreement for Collection and Treatment of Wastewater from Piney Mountain Subdivision, a copy of which is Exhibit A to this Agreement. 10 7 . The parties hereto agree that this Agreement is entered into solely to recognize and provide the means for alleviating an existing public health emergency in the Piney Mountain Subdivision and its environs in Orange County, and that nothing herein shall be deemed or construed so as to modify or diminish the commitment of the parties, as expressed in the various intergovernmental agreements, policies, subdivision, and zoning documents referenced above, not to provide public water and sewer service extensions in areas identified by the parties ' policies and understandings as not suitable for development at urban densities . Nor shall this agreement be construed, deemed, or urged by any party to amend the Joint Planning Agreement, the Joint Planning Land Use Plan, the Orange County Water and Sewer Policy, the Annexation Boundary Agreement executed by and between the City of Durham and the Town of Chapel Hill, or the Service Area Boundary Agreement executed by and between Orange Water and Sewer Authority and the City of Durham, except as and for the specific, limited purposes for which it is entered. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: By io , I ' /e( 'r - COUNTY ERK 11 0,0100,1momott,44 SE/4,2, 1111, ORANGE WATER AND SEWER AUTHORITY ATTEST: / d'pRk'nfet›. 44 y E.- 975 By e s4e, 4111( AS A STANT SE%•v4 1r4:10Ir 49/ • Ato utc(iv PINEY MOUNTAIN HOMEOWNERS ASSOCIATION A 'TEST: sow 00.000°' By 11, SECRETARY !,c 140%;„ 411\ ,f„„ • 12 w° EXHIBIT A STATE OF NORTH CAROLINA COUNTY OF DURHAM COUNTY OF ORANGE AGREEMENT FOR COLLECTION AND TREATMENT OF WASTEWATER FROM THE PINEY MOUNTAIN SUBDIVISION, ORANGE COUNTY, BY THE CITY OF DURHAM THIS AGREEMENT is made and entered into by and between the CITY OF DURHAM, a North Carolina municipal corporation, (herein referred to as "City" ) , and ORANGE WATER AND SEWER AUTHORITY, a public body, politic and corporate organization and operating pursuant to Chapter 162A of the North Carolina General Statutes , (herein referred to as "OWASA" ) , and shall be effective from and after the date of its execution by both of the parties . WHEREAS a consent judgment entered by the court on November 6 , 1986 in the Town of Chapel Hill vs . City of Durham, established an annexation boundary line between the Town of Chapel Hill and the City (hereinafter "Annexation Boundary Line" ) ; and WHEREAS in 1993 , the AGREEMENT DEFINING SERVICE AREA BOUNDARIES AND PROVIDING FOR SALE AND PURCHASE OF WATER was renewed for a five (5) year term ending on August 26 , 1998 ; and WHEREAS the Piney Mountain Subdivision lies on OWASA' s side of the annexation boundary line, approximately one mile west of the City' s wastewater collection facilities on Kerley Road and Mount Sinai Road; and WHEREAS as of the date of this AGREEMENT there are no existing OWASA sewer facilities near the Piney Mountain Subdivision which could be extended to serve the subdivision in a manner that is economically feasible; and WHEREAS it has been determined that the Piney Mountain Subdivision' s on-site wastewater treatment system has failed and the sole remedy is a force main to the nearest public wastewater collections system. NOW, THEREFORE, the City and OWASA for and in consideration of the matters hereinafter set forth, do hereby agree as follows : 1 . PURPOSE The purpose of this Agreement is to permit the City to receive wastewater from OWASA that is generated from the Piney Mountain Subdivision until such time as OWASA' s . utilities are extended to the subdivision as hereinafter defined. -1- 2 . DEFINITION OF AREA A. The service area which is the subject of this agreement is a subdivision of approximately 120 acres located within Chapel Hill Township approximately one mile west of the Orange/Durham County line on the north side of Mount Sinai Road (SR 1718) . It encompasses fifty- nine platted residential single family lots described as Piney Mountain subdivision Phase I , Lots 1-24 and Phase 2 , Lots 25-59 , as recorded in Plat Book 49 , Pages 85 & 86, Plat Book 52 , Page 183 , and Plat Book 58 , Pages 129 & 130 . B . The service area may not be expanded beyond the existing 59 lots . 3 . OWNERSHIP, MAINTENANCE AND INSPECTION A. The wastewater collection system serving the Piney Mountain Subdivision, including the pump station and force main that convey wastewater from the subdivision to the City' s wastewater collection system, shall be owned, operated and maintained by OWASA. The installation shall be done under the direction of OWASA at no charge to the City. B . OWASA agrees to allow the City to inspect any portion of the system that is located on the City side of the service area boundary line . 4 . MEASUREMENT OF WASTEWATER FLOWS A. The City agrees to receive from OWASA, at one collection point, domestic wastewater which is generated by the Piney Mountain Subdivision. B . A meter shall be installed as directed by the City to measure the amount of wastewater discharged to the City system. After installation and acceptance of the meter, it will be owned by the City. C. The City shall read this meter monthly and bill OWASA for sewer usage based on 100% of the City' s prevailing "outside" rate schedule . D. OWASA shall pay to the City, on a monthly basis, the City' s current charges for the sewer usage, based on the meter readings described in 4B above . • 5 . CAPITAL FACILITY FEES A. OWASA shall pay to the City the sum of $25 , 901 . 00 in capital facility fees prior to connecting to the City' s wastewater system. If service under this agreement is terminated before one (1) year after the execution date, the City will refund to OWASA the aforementioned capital facility fee . -2- 6 . TERMS OF AGREEMENT A. This Agreement shall become effective upon signing by both parties, and remain in effect until one of the following conditions is met : (1) OWASA' s sewer system is extended to the Piney Mountain Subdivision; or (2) The Annexation Boundary Line is altered in such a way as to bring the Piney Mountain Subdivision into the City' s service area. B . This Agreement may be amended or terminated, by mutual agreement of both parties . C. Nothing in this Agreement is intended to alter either: (1) The Annexation Boundary Line; or (2) The Agreement defining service area boundaries and providing for sale and purchase of water, entered into by the City and OWASA in August, 1988 and renewed in 1993 . D. This Agreement shall be administered by the City' s City Manager and by OWASA' s Executive Director, or their designees . E . Any litigation arising out of this Agreement shall be determined in Durham County District or Superior Court . F . NONDISCRIMINATION POLICY. The City of Durham opposes discrimination on the basis of race and sex and urges all of its contractors to provide a fair opportunity for minorities and women to participate in their work force and as subcontractors and vendors under City contracts . IN WITNESS WHEREOF, the parties have authorized this Agreement to be executed an0 attested by their undersigned officers , to be effective from and after the date executed by the latter party. [End of Text] This instrum •.s been preaudited in the manner required by the vca Govert 1 t BYdget and Fiscal Control Act . • Finance Officer Date -3- r De)i GuP .()‹.2 P. ATTEST a • . 4., , . /• ... . .4„ (,s_ ,4rA.v,1--i.l N 4,C•......'t—..T-`7;`' ., OF Aa inki . 01,'' V, City Clerk i.o, .... .3„. itt.$; ::1 11./' .,':. City Manager 00000m.rno„„4,, i .. 14AD SEp ' ”6, 14.; . ' ,,,, ATTE T ',I /c,;- ) \ -,. 3 ORANGE WATER AND SEWER AUTHORITY ' dap. ' 2:404e 4..e-dir•df % :,_ ,-,-.., ,...,,F..E.A....49./ As:.ist ant Secret1 r. ,.<> Executitor • ' t'COU2.>"' STATE OF NORTH CARO INA COUNTY OF / 1, AL„....e... / - . /6,1y774 , a notLyublic for said County and S ate, 4=rtify that 27/atttLI727)/ - 61-2-personally,appeared before me this day, and ackn ledged that she is City Clerk of the CITY OF DURHAM, a municipal corporation, and that by authority duly given and as thoiWtitosi)4 the City, thef,oregoing contract was signed in its coAke4tkat4ii by its City Manager, sealed with its corpr,de1 seAll .cikAattested by heelf as its said City Clerk or Deputy 44iVgTAAeit This the 6:2tC/LAday of • - * . • •• .• - , , Ale • - • "1. 0..*. PliBUQ, l •411• --- / ..4„ „,..,,,,..... _ ../....: ary Pu," ic ' ,•, ary 4M COU W My commission expires : STATE OF NORTH CAROLINA COUNTY OF (1:444„67iT I f 1", Ai A ; f 1 , A , a notary public for said County and State, certify that ---1;AJT (;;Leo.e._ personally appeared before me this day, and acknowledged that -1a-e---e-F she is iqgcgtZvt-Sc7).4i41-7;2- of ORANGE WATER AND SEWER AUTHORITY, a public body, politic and corporate organization and 'operating. pursuant to Chapter 162A of the North Carolina General Statutes, (herein referred to as "OWASA" ) , and that by authority duly given and as the act of the corporation, the foregoing contract with the City of Durham was signed in its name by its whose name is zey, L., g,'Ofj _fit„-- , sealed with its corporate seal, and attested by 1i-1-m/herself as its said -4,pg-A01,,,LrArt-crp-p,e3 .4. .. This the ,2/2-4- day of ,ft,A .,' , 199. ,Z ,. 0 • • . ALI A Notary Public My commission expires : Cert3t3e4z, 2 al 1994 -4- ORANGE WATER AND SEWER AUTHORITY APPROVED AS TO FORM AND LEGALITY: a Cri)- `9C( 14 4 DATE ROB ':T EPTING, : QUIRE COUNSEL TO THE AUTHORITY THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: • 04. Al J. 11A.MLIF DATE FINANCE OFFICER NORTH CAROLINA ORANGE COUNTY AGREEMENT PROVIDING FOR THE. OWNERSHIP, CONSTRUCTION AND OPERATION OF THE PINEY MOUNTAIN SUBDIVISION WASTEWATER SYSTEM THIS AGREEMENT is made and entered into this the 12th day of October, 1994, by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes, with its principal office in Carrboro, North Carolina, hereinafter referred to as "OWASA, " Orange County, a body politic and corporate and a political subdivision of the State of North Carolina, hereinafter referred to as the "COUNTY" and the Piney Mountain Homeowners Association, a North Carolina not for profit corporation (being duly authorized to act and acting for and on behalf of the owners of lots 1-13 and 15-59 in that subdivision, their grantees, successors and assigns) hereinafter referred to as the "ASSOCIATION. " WITNESSETH WHEREAS, on this date the parties to this Agreement have entered into an agreement which, in order to correct the failed wastewater collection and treatment system serving the Piney Mountain Subdivision (hereafter "the Subdivision, " consisting of 59 platted residential, single family lots described on the plats recorded at Plat Book 4, Pages 85 and 86, Plat Book 52, Page 183, and Plat Book 58, Pages 129 and 130, Orange County Registry) , 1 authorizes the repair of the Subdivision's existing wastewater force main collection, treatment and disposal system; and WHEREAS, the repair of the Subdivision's existing wastewater force main collection, treatment and disposal system will result in a wastewater system consisting of the existing force main collection system, not including individual home septic tank effluent pump systems ( "STEP systems " ) , valve boxes located as specified by OWASA between each STEP system and the force main collection system and a new wastewater pumping facility and force main (hereafter all together, excluding the STEP systems, referred to as the "Subdivision wastewater system" ) connected to the wastewater collection system owned and operated by the City of Durham (hereafter the "Durham wastewater system" ) ; and WHEREAS, OWASA and the City of Durham have entered into a written agreement in which the City of Durham has agreed to the connection of the Subdivision wastewater system to the Durham wastewater system and in which, as between the City of Durham and OWASA, provides for OWASA owning, operating and maintaining the Subdivision wastewater system; and WHEREAS, by Resolutions adopted on March 28, 1994 and August 23, 1994, the COUNTY authorized an application to the State of North Carolina for a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" ) ; and WHEREAS, on this date the COUNTY and OWASA have entered into an agreement which provides for the design, construction and operation of the Subdivision wastewater system; and 2 WHEREAS, there are certain matters related to the ownership, design, construction and operation of the Subdivision wastewater system and related to the State Grant not addressed in the agreements itemized above but which are essential to the undertaking by the parties of the Subdivision wastewater system project contemplated herein. NOW, THEREFORE, the parties have agreed for themselves and for their successors and assigns: 1 . The ASSOCIATION covenants that it has authority to enter into this Agreement for itself and for the owners of lots 1-13 and 15-59 in the Subdivision, their grantees, successors and assigns . As used in this agreement hereafter, the -Leila "ASSOCIATION" refers to the Piney Mountain Homeowners Association and the owners of lots 1-13 and 15-59 in the Subdivision. 2 . The ASSOCIATION covenants that it will pay to the COUNTY and to OWASA: ( 1) all costs and expenses, including the value of administrative and professional time expended by each, in the application for, administration of and the closeout of the State Grant; and, (2) all costs and expenses not covered by ( 1) expended by each in the design, bidding and contract award, construction, regulatory approval and permitting of the Subdivision wastewater system. The costs and expenses described in ( 1) and (2 ) are hereafter referred to collectively and sometimes individually as "the project expense" or "project expenses . " In order to facilitate the covenant contained in this paragraph, the ASSOCIATION has deposited, or will upon demand by the COUNTY, 3 deposit the sum of $348, 850 . 00 with the COUNTY for the payment of the costs and expenses described here. The parties acknowledge that the deposit amount is equal to as much of the total project expense as is known on the date of this agreement as determined by estimates made in good faith. The ASSOCIATION further acknowledges its obligation to the COUNTY and OWASA for project expense that exceeds the estimate and to make further advances upon demand by the COUNTY to cover project expense that exceeds the project expense estimate. The ASSOCIATION further acknowledges and agrees that its obligation to pay the project expense is absolute and not dependent on any other source of funds available to the COUNTY or OWASA to pay the project expense. 3 . The COUNTY agrees that it will maintain the money deposited with it in a designated project fund and will draw money from that fund payable to itself, OWASA and others as provided in this Agreement for project expenses . The COUNTY agrees to account to the ASSOCIATION for the funds deposited and agrees to apply grant funds received by it, in the event it is awarded a State Grant, to all grant eligible expenses of the project. The COUNTY further agrees to refund to the ASSOCIATION such sums as it has received from the ASSOCIATION that exceed the project expense after it has first applied grant funds received by it to grant eligible project expenses . 4 . The Subdivision wastewater system for Piney Mountain Subdivision serves the homes in the Subdivision via "STEP systems . " Each STEP system or its replacement will be owned, maintained and 4 be the responsibility of the homeowner whose home is served by the STEP system. The parties agree that the Subdivision wastewater system will not be connected to the Durham wastewater system until such time as the COUNTY receives ( 1) certification from a professional engineer employed by the Piney Mountain Subdivision homeowners served by STEP systems of the needed repair or replacement of each STEP system which needed repair or replacement has been approved by OWASA; (2 ) a cost estimate of the cost of repair or replacement of all of the STEP systems needing repair or replacement certified by the homeowners ' professional engineer; and ( 3) a deposit from the Association, on behalf of the homeowners served by STEP systems needing repair or replacement, of 110% of the amount of the certified cost estimate of the cost to repair or replace all of the STEP systems needing repair or replacement. The COUNTY agrees to account to the Association for the funds deposited as provided in this Agreement and agrees that it will maintain the money deposited with it for the STEP system repairs or replacements in a designated project fund and will draw money from that fund payable to others for the certified repair or replacement work. The Association, on behalf of the homeowners served by STEP systems needing repair or replacement, acknowledges and agrees that it is obligated to pay all costs and expenses in the design, bidding, contract award, construction, regulatory approval and permitting of the STEP systems needing repair or replacement, and that its obligation is absolute and not dependent on any other source of funds, available to the COUNTY or OWASA to pay these costs and 5 expenses . The COUNTY further agrees to refund to the Association such sums as it has received that exceed the cost of the certified STEP system repairs or replacements . The parties specifically agree that OWASA' s inspection of, oversight and approval of the work to repair or reconstruct, and acceptance of wastewater from or to, the STEP systems and collector system shall not constitute any warranty of the condition of either said component of the wastewater system, and that the Association and its members shall look only to the engineers and contractors who designed and constructed said improvements and repairs for such warranty and assurance, it being the specific assurance that neither the Association nor any member thereof shall bring any claim or action against OWASA or the COUNTY arising out of the repair or reconstruction of the system, or any action or inaction of OWASA or the COUNTY related thereto . 5 . The COUNTY shall be the owner of the Subdivision wastewater system. The ASSOCIATION agrees to obtain and provide to the County on demand such indicia of ownership of the Subdivision wastewater system as determined reasonably necessary by the COUNTY in the form of deeds , release deeds, subordination agreements, encroachment agreements , dedications, easements and bills of sale . 6 . The COUNTY agrees to convey to OWASA and OWASA agrees to accept from the COUNTY all of the COUNTY's right, title and interest to the Subdivision wastewater system within a reasonable amount of time, but in no event more than six ( 6 ) months, after the happening of the first of the following events : 6 (i) OWASA's sewer system is extended and connected to the Subdivision; (ii) the Subdivision wastewater system is connected to the Durham wastewater system and the State has given final approval of the Grant project. Upon the transfer of ownership of the Subdivision wastewater system from the COUNTY to OWASA, the COUNTY agrees to convey to OWASA and OWASA agrees to accept from the COUNTY all of the COUNTY's right, title and interest to the funds deposited with the COUNTY for the cost to repair or replace all of the STEP systems in the Subdivision needing repair or replacement and OWASA agrees to use the transferred funds and to account to the Association for the funds conveyed to it as provided in this agreement. After acceptance of the Subdivision wastewater system, OWASA shall own and have sole access to each system valve box located between each STEP system and the collector lines, and shall operate the same so as to commence and terminate service to lots within the Subdivision as it deems appropriate to the proper management and control of the system. OWASA shall have the right to discontinue service to any lot for noncompliance with its standards and policies , for nonpayment for service, or when and as necessary to assure the proper management and operation of the system, and no claim shall arise or be made by any person for damages arising out of such discontinuance of service. OWASA shall have no responsibility for the maintenance or replacement of any STEP system or component thereof, or any pump or 7 lateral, located on any lot, but the same shall be maintained, installed, operated, and replaced in accordance with OWASA's standards and approval by the owner of the lot served by such system or lateral . In the event any repair is not made as directed by OWASA, OWASA shall have the right, after reasonable notice to the customer, to effect such repair and add the cost thereof to the next invoice of such customer, and to terminate the service to such lot if the same is not paid. 7 . The ASSOCIATION has or will contract with Colonial Engineering, Inc . (hereafter "Colonial" ) to be the Subdivision wastewater system engineer for: ( 1) professional services incident to the construction of the Subdivision wastewater system; and, (2 ) the application by the COUNTY for a State Grant. The ASSOCIATION hereby assigns to OWASA its contract with Colonial and covenants and warrants to OWASA that that contract is assignable to OWASA and that Colonial in all and every respect agrees to this assignment. 8 . The parties acknowledge that upon connection of the Subdivision wastewater system to the Durham wastewater system, most of the land now used for drainfield areas or reserved for future drainfield areas of the existing Subdivision wastewater system will not be part of or necessary for the Subdivision wastewater system. The parties further agree that it is desireable for the Association to assume title to this land since the land is dedicated to the public for open space or recreation area under the Orange County Zoning Ordinances . To this end, the Association agrees that it shall seek to obtain title to this land, although nothing in this 8 , 3 agreement shall require the Association to make any expenditure of funds or provide any other consideration to obtain the land. Upon its obtaining title to this land, the Association will promptly accomplish the abandonment of the existing Subdivision system components related to treatment of wastewater and the monitoring wells related thereto as specified by applicable COUNTY and State regulations . Thereafter, the Association will dedicate this land for the use and enjoyment of the residents in the Subdivision as permanent open space, free of all encumbrances save current property taxes . All instruments of dedication and evidence of title shall be in form and substance approved by the COUNTY. 9 . The ASSOCIATION, for itself and its members personally, covenants and agrees to indemnify and hold harmless the COUNTY and OWASA, their board members, officials and employees, from any claim against either arising out of or related to the oversight, approval design and construction or reconstruction or repair of the Subdivision wastewater system and the STEP systems . This indemnity includes responsibility, on the part of the ASSOCIATION, to pay the reasonable attorneys fees of the attorneys selected by the COUNTY and OWASA to represent each in the event of litigation or threatened litigation wherein the COUNTY and OWASA or either of them are named or threatened and the responsibility to pay such reasonable litigation expenses, and any judgment entered against either, of the COUNTY or OWASA in the defense of the litigation or threatened litigation. 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: By ih - • / ' - / Ap „or / , r .1( COUgTY C RK THIS INSTRUMENT HAS BEY PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: --- ,/e52A-eP -•. ''' /7 ,,,e..._:,._,_ AT FINANCE OFFICER ORANGE W T R AND SEWER AUTHORITY ATTEST: By: -61.4- Z .‘- /.4-87A... / 4.000..AE. , a AS,':I S TANT Efc T ARY Irk, q +Si THIS INSTRUMENT HAS BEEN PREAUDITED IN T, E MANNER REskqf z,cazeip LOCAL GOVERNMENT AND FISCAL CONTROL • • Ipkihomaagoo ....A - ., DATE F NANCE OFFICER PINEY MOUNTAIN--HOMEOWNERS ASSOCIATION ATTEST: _.„ e By: 74,7C1 1 ('',- ,,./ti _ ‘i.7- SECRETARY / CIC 7 7 (1---latrritisd 4,g11\ q3* *olkla5C2j1 10 w <._: NORTH CAROLINA CAROLINA ORANGE COUNTY AGREEMENT FOR PROVIDING ADMINISTRATIVE AND TECHNICAL SERVICES AND ASSISTANCE TO ORANGE COUNTY BY ORANGE WATER AND SEWER AUTHORITY FOR THE DESIGN, PERMITTING, CONSTRUCTION, ADMINISTRATION, OPERATION AND MAINTENANCE OF THE PINEY MOUNTAIN SUBDIVISION WASTEWATER SYSTEM THIS AGREEMENT is made and entered into this the 12th day of October, 1994, by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes, with its principal office in Carrboro, North Carolina, hereinafter referred to as "OWASA, " and Orange County, a body politic and corporate and a political subdivision of the State of North Carolina, hereinafter referred to as the "COUNTY. " WHEREAS, OWASA provides wastewater collection, pumping, treatment and disposal services for the Chapel Hill-Carrboro community and surrounding area; and WHEREAS, the COUNTY has applied to the State of North Carolina for a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" ) for the design, construction and payment of fees associated with repair of the failed wastewater collection and treatment system serving the Piney Mountain Subdivision (hereafter "the Subdivision, " consisting of 59 platted residential, single family lots described on the plats recorded at Plat Book 4, Pages 85 and 86 , Plat Book 52 , Page 183, and Plat Book 58, Pages 129 and 130, Orange County Registry) ; and 1 WHEREAS, the repair of the Subdivision existing wastewater force main collection treatment and disposal system will result in a wastewater system consisting of the existing force main collection system, not including individual home septic tank effluent pump systems ( "STEP systems " ) , valve boxes located as specified by OWASA between each STEP system and the force main collection system and a new wastewater pumping facility and force main (hereafter all together, excluding the STEP systems, referred to as the "Subdivision wastewater system" ) connected to the wastewater collection system owned and operated by the City of Durham (hereafter the "Durham wastewater system" ) ; and WHEREAS, the COUNTY, under the conditions of the State Grant, must own the newly constructed portions of the Subdivision wastewater system, and will own the other portions of the Subdivision wastewater system; and WHEREAS, the COUNTY, under the conditions of the State Grant, must provide for the design, permitting, construction, administration, operation and maintenance of the Subdivision wastewater system; and WHEREAS, the COUNTY and OWASA are authorized under North Carolina law to enter into agreements for the provision of wastewater facilities and services and to enter into a so-called Interlocal Agreement under Article 20 of Chapter 160A of the North Carolina General Statutes to share or allocate responsibilities of each in order to provide wastewater facilities and services to the Subdivision; and 2 WHEREAS, the COUNTY has requested that OWASA provide all of the administrative and technical services and assistance necessary to design, peiiuit, construct, administer, operate and maintain the Subdivision wastewater system; and WHEREAS, OWASA is willing to provide these requested services to the COUNTY and the residents of the Subdivision under the terms set out herein. NOW, THEREFORE, the governing bodies of the parties hereto have determined that the public health and welfare will be served and benefited by their cooperation, mutual undertakings and agreement as hereinafter set out; and in consideration of the benefits, assistance and mutual obligations to be received and performed by the parties hereunder, the COUNTY and OWASA, for themselves, their successors and assigns, do mutually agree as follows: 1. OWASA shall provide administrative and technical services and assistance as regards to the design, permitting, construction, administration and operation and maintenance of the Subdivision wastewater system. 2 . OWASA shall charge the COUNTY and the residents of the Subdivision for its services under this Agreement, which charge shall be, with respect to the design, permitting and construction of the wastewater system, OWASA's actual direct and indirect costs of providing such service including, but not limited to, consultants ' fees , legal and administrative costs, capital facilities fees and construction contract costs . OWASA operation 3 services (hereafter referred to as "utility services" ) shall be billed directly to the residents of the Subdivision and shall be rates, fees and charges calculated by OWASA as those necessary to recover the direct and indirect costs of the services provided, including reasonable reserves for maintenance and replacement of the facilities necessary to provide the services to the Subdivision, and a reasonable charge representing recovery of a share of the cost of OWASA's existing capital plant and facilities used to provide service to the subdivision. The rates and charges may be different from those charged customers of OWASA's existing sewer system, and shall include provisions for recovery of such direct and indirect costs as may be incurred and paid to the City of Durham for its acceptance and treatment of the wastewater from the Subdivision. 3 . Through the completion of construction and the connection of the Subdivision wastewater system to the Durham wastewater system, OWASA shall render a bill by monthly invoice to the COUNTY as service is provided by OWASA and shall provide to the COUNTY bills as frequently as required by the payment schedule specified under construction and consulting service contracts for services other than those provided by OWASA. The COUNTY shall make payment to OWASA after construction contract and other invoices are provided to it. Utility service billings will be made directly to the residents of the Subdivision and shall contain such terms and conditions as are customary and as are deemed fiscally prudent by OWASA. The parties agree that the 4 Subdivision wastewater system will not be connected to the Durham wastewater system or operated by OWASA until the conditions in paragraph 4 of this agreement are satisfied and until such time as the Subdivision wastewater system and each of its component parts has been approved by the following: OWASA, each agency or division of the COUNTY and the State of North Carolina with a permitting or financial interest in the system, and permitted by the COUNTY or State agency with permitting authority over the Subdivision wastewater system. 4 . The Subdivision wastewater system for Piney Mountain Subdivision serves the homes in the Subdivision via "STEP systems . " Each STEP system or its replacement will be owned, maintained and the responsibility of the homeowner whose home is served by the STEP system. The repair and replacement of STEP systems shall be accomplished as provided by an agreement of the same date as this Agreement between the parties to this agreement and the Piney Mountain Subdivision Homeowners ' Association. 5 . The COUNTY agrees to convey to OWASA and OWASA agrees to accept from the COUNTY all of the COUNTY's right, title and interest to the Subdivision wastewater system within a reasonable amount of time, but in no event more than six ( 6) months, after the happening of the first of the following events: (i) OWASA's sewer system is extended to the Subdivision; (ii) the Subdivision wastewater system is connected to the Durham wastewater system and the State has given final approval 5 of the Grant project. 6 . Any litigation arising out of this Agreement shall be determined in Orange County District or Superior Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: COUNTY Ce, RK THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: /0 -12--96/ DATE FINANCE OFFICER osontittormorf,„, 4,4e, ORANGE WATER AND SEWER AUTHORITY ATTEST: 74674N4j1c:\ °?tla ts /di .5. . 1975 xi By Ailirgia44---- at*. ASS STANT SECRE ir •Y Vcip sEpN. 49*f !1/4tCOUt>f Nwiwmg4 THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED SY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: AH2 -91/ Aft DATE ITANCE OFFI ER 6 .., , ;a, r 0041 .%,Q....•00. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT, JR. DIVISION OF HIGHWAYS R. SAMUEL HUNT III GOVERNOR SECRETARY PO Box 14996 Greensboro, NC 27415-4996 March 29 , 1995 Mr . Moses Carey , Jr . Chairman, Board of County Commissioners PO Box 8181 Hillsborough, NC 27278 SUBJECT: Revision to Encroachment Agreement - Installation of Approximately 7 , 400 L . F. of a 4" Ductile Iron Force Main along SR 1718 in Orange County Dear Mr . Carey : Attached is an approved revised encroachment agreement , which now lists Orange County as the Second Party , and a set of plans , for the subject sewer line installation along SR 1718 . This encroachment agreement supersedes the original encroachment agreement approved May 9 , 1994 , by only replacing the Piney Mountain Homeowners Association as the Second Party . All conditions and requirements as established by the Department of Transportation with the approval of the original encroachment are still applicable . If you have any questions , do not hesitate to contact this office . Sincerely , /1-4..- J . W. Watkins DIVISION ENGINEER JWW/ JMM/ lh atta . cc : Mr . John B. Williamson, Jr . Mr . T. J . Dyer Mr . Everette Billingsly - OWASA Mr . K. M. McEntire - Durham District Mr . Alan K. Whitaker Ms . Nancy Essex " s ..4, - � ' . - . ' STATE OF NORTH CAROLINA ROUTE PROJECT COUNTY OF Orange . DEPARTMENT OF TRANSPORTATION THREE PARTY RIGHT OF WAY . ; . -AND- . ENCROACHMENT AGREEMENT ON Orange County PRIMARY AND SECONDARY SYSTEM P'O. Box 8lQI Dill ~ 0C 27278 -AND- Oran9e §ater and � . Smwa- °~m~ :40( ^ ", arr..ro, WC 275I0 - � THIS AGREEMENT , made and entered into this the day of , lq__` by and between the Department of Transportation , party of the first part ; and t of Lh Orange County party o the second part ; and Orange Water and Sewer Authority party of the third part , - ` W | T N E S S E T H : THAT WHEREAS , the party of the second part desires to encroach on the right of way of the public road designated as Route SR 1718 , located between SR 1719 and SR 17I7 with the construction and/or erection of Approximately 7,400 IF of 4" . ductile iron force main WHEREAS , it is to the material advantage of the party of the second part to effect this encroachment , and the party of the first part , in the exercise of authority con- ferred upon. it by statute, is willing to permit the encroachment within the limits of the right of. way as indicated , subject to the conditions of this agreement ; . NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to • AI.Je6 Pa!9l . =i' .c' .0'.-W3,5' "%,,,,`L) ...),75,5,,f,43,578,., 4.2.2rtt r ~,� ~ 1�/^ :K� ^ �� . ' ~_~~ ........ .. 6„, ,,: - ''`Ti~n' u Jamas ^^^ ��4e -voP� ' S 1» ^� , '. SS3Nl|M • . ^�.le6 puooeS . ____ That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility hae been brought into compliance or re- moved from the right of way at no cost to the party of the first part. That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the party of the second part from the party of the first part, During the performance of this contract the se�.ond party, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimin- ation in Federally-assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regula- tions), which are herein incorporated by reference and made a pert of thin contract. b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcon- tractors, including procurements of materials and leases of equipment. The contractor shall not partici- pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a sub- contract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: The contractor shall provide all information and reports required by'tiie Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of Information,.and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliancc with such Regulations or directives, Where any information required of a contractor is in the exclusive possession of another who falls or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the Information, e, Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract the Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (I) withholding of payments to the contractor under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part, (. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" In every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement•as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncompliance: Provided, however, that, In the event a contractor becomes Involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the conractor may request the Department of Transportation to enter into such litigation to protect the Interests of the State, and, in addition, the contractor may request the United States to enter Into such litigation to protect the Interests of the United States. That when title to the subject that constitutes the aforesaid encroachment passes from the party of the second part and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to perform all obligations as agreed to herein by the party of the second part. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and year first above written. DEPARTMENT OF TRANSPORTATION • WITNESS : DIVISION ENGINEER ATTEST: Orange County AO Beverly A. ,s ythe, Clerk Moses Carey, Jr. Chairman, Board of County a'/ 'ssioners • MEMORANDUM TO: County Commissioners FROM: Paul Thames, County Engineer DATE: September 15, 1994 SUBJECT: Seperate cover attachments to agenda item number IX-D, Sewer Easement Agreement with Hillsborough Please find attached a blueprint copy of a preliminary or proposed property plat for the County' s Orange Enterprises property on Valley Forge Road and a colored map of the vicinity south of Hillsborough. The survey and the property plat were provided by Finkbinder, Pettis and Strout, consulting engineers to the Town. The Orange County parcel, shown in the center of the page, is borderd by Valley Forge Road and properties belonging to Georgia-Pacific, Orange County Farm Bureau and TTNL Properties (Wilmore Electric ) . The vicinty map shows the general location of the County' s property, Wildwood, Cates Creek and the proposed or potential location of gravity sewer lines. If I may provide additional information, please advise . w ' , �. - �o ' ' - vG+t:r' ''b yt U.S + � = r 4 ` %iyq? LLOYD i ,� r K Z. 414 y \ � • hra: a ar h 4 E j f n �4 y Y �> � . i ,%-ARr .., : .a Y > . :i„.. .. � s � Yf':, y :: 132 � �, ; ■ e g1••. � : : :i:. 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(..., . , cot G`........_--) .....-...„, t .....` , ri- c ) P #723 \\,, (-+ '' 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 Action Agenda Item # IX'- , SUBJECT: Piney Mountain Grant Funding Proposal DEPARTMENT: County Manager PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: County Attorney (919) 732-2196 Document #3 : Agreement for County Engineer Ext. 2300 Providing Administrative and Technical Services. . . . TELEPHONE NUMBERS: Hillsborough - 732-8181 Document #4 : Agreement Providing Durham - 688-7331 for the Ownership, Construction Mebane - 227-2031 and Operation. . . . Chapel Hill - 967-9251/968-4501 Document #5: Agreement Approving Extension of and Restrictions Regarding Connections. . . . PURPOSE: To provide the BOCC - for its review and approval - revised agreements outlining the terms and conditions whereby the County, for purposes of securing a state construction grant for the extension of municipal utility service to the Piney Mountain subdivision, agrees to temporarily own and cause to have constructed - by means of a contract with OWASA - the main Piney Mountain sewer pump station and the force main connecting the Piney Mountain and Durham systems. BACKGROUND: Since early 1994, Orange County has been involved in an effort to obtain grant funding to pay for the construction of the facilities necessary to extend municipal sewer service from the City of Durham to the Piney Mountain subdivision. Meeting the conditions set forth by the grant process and adhering to sound utility management and environmental protection practices have required that the County develop a number of contracts or agreements with the various parties involved in the process. These agreements, which in effect bind together the County, OWASA and the Piney Mountain home owners, have incorporated strategies for financing, constructing, managing, operating, etc. , the system. Although these agreements have never been signed or executed by any of the parties concerned, they have existed in nearly final form since July. 2 The existing agreements were developed under an assumption that one of two potential scenarios would be in effect. In the first scenario, it was assumed that: a) all project costs (construction of the new force main and pump station and repair of the existing collection and individual step systems) would be fully funded from a special County account created with an up-front cash deposit from the home owners; b) the home owners would ultimately be reimbursed for some portion of their initial payment from any grant funds remaining at project completion; c) the County would own the entire system, including the new force main and pump station and the existing collection and individual step systems, as long as required by grant conditions; d) the County would turn ownership of the entire system over to OWASA as soon as grant requirements would allow; and e) OWASA would provide all the technical, management and administrative services necessary to supervise all construction and repair activities and thereafter to meet system operational and management requirements. In the second scenario, it was assumed that: a) the entire project (construction of the new force main and pump station and repair of the existing collection and individual step systems) would be administered and funded by home owners without public assistance; b) the County would not be involved in any manner in the ownership, operation or management of any part of the system; c) all aspects of system construction would be the responsibility of the home owners although under the supervision of OWASA: d) OWASA would assume system ownership on completion of construction; and e) any agreements that had been developed specifically to allow temporary County ownership of the system would become null and void. At its July meeting, the NC Environmental Management Commission (EMC) declined to award the grant sought by Orange County to fund the Piney Mountain project. County and OWASA staff assumed that the denial of grant funding terminated the County' s role in ownership and management of the Piney Mountain system. However, during the same time frame, the NC General Assembly was enacting new legislation - HB 1628 - enabling (but not requiring) the EMC to create a new procedure for providing grant funding to help replace the waste treatment systems - including Piney Mountain - abandoned by Northstate Utilities. The new legislation included a grant eligibility requirement that systems be owned and operated by a county, a county water and sewer district or a county sewer district. Insofar as any effort to obtain grant funds for the Piney Mountain was concerned, the grant eligibility requirements related to system ownership and operation remained essentially unchanged by the new legislation. On September 8th, the EMC met to discuss formulation and adoption of temporary rules for a grant funding process as specified in HB 1628. The EMC did adopt rules which applied only to "failed low pressure pipe systems" ; set an application deadline of September 30, 1994 and an application review period through December 31, 1994; 3 and provided a total funding pool of $500, 000. The temporary rules specified that the funding should be divided equally among the total number of lots of all applicants. The rules also limited funding to any project to no more than fifty percent of its total project cost and no more than $1500 per lot. There are a maximum of 420 lots in ten subdivisions (assuming only former Northstate Utility systems will be applying) which could be eligible for grant funding under the temporary rules. If the $500, 000 were evenly divided among all of these lots, each lot would be funded at approximately $1200 and Piney Mountain' s total share would be approximately $71,000. However, the eligible subdivision in Mecklenburg County is not expected to apply for funds. In addition, all of the lots in the Wake County subdivisions may not be eligible for funding as unoccupied lots were not included within the boundaries of the newly created sewer districts. Unless Wake and Mecklenburg Counties are able to respond quickly to the new temporary rules, it appears that Piney Mountain may receive the full $1500 per lot for a total funding of approximately $89, 000 . There is currently no indication as to when these grant funds will be made available. The time frame for the temporary application review period, which extends through 31 December 1994 , indicates that funds may not be available until after the first of the year. As the remaining life- span of the existing Piney Mountain treatment system is questionable, the home owners are hoping to have the pump station project under construction before then. If construction is begun prior to the award of the grants, the Piney Mountain project can retain its grant eligibility by meeting all eligibility requirements. The Piney Mountain home owners have been seeking an extension of the County' s commitment to meet grant requirements involving system ownership and involvement in the construction process. At its August 23rd meeting, the BOCC indicated its willingness to extend the County' s commitment to seek grant funding under one condition: the County must be able to identify and minimize any potential liability accruing from its role in the ownership and construction of the new Piney Mountain system. County staff have determined that the County' s potential liability lies in two areas: a) financial responsibility for costs which grant funding will not fully repay; and b) responsibility for dealing with failures of the existing nitrification fields and individual step systems. To address these issues, the County Attorney has revised the existing Piney Mountain agreements. In the original agreements, addressing the problems of the individual STEP systems was considered to be an integral part of the overall project. The home owners were required to deposit with the County one hundred percent of the costs for the entire project, including the step systems, prior 4 to execution of a construction contract or receipt of any grant funds. Ownership of the STEP systems was to be assumed by OWASA. OWASA is now reconsidering its decision to own the STEP systems and County staff have responded by recommending that additional safeguards be included in the agreements. In the revised agreements, language specifically listing the STEP systems as a portion of the system to fall under County or OWASA ownership or legal responsibility has been excised. However, the revisions do specifically state that the home owners will be required to make an initial deposit or to utilize grant reimbursements to provide sufficient funds to the County and/or OWASA for the repair or replacement of the STEPs. In essence, the concept that the home owners deposit with the County all funds necessary for system construction remains intact within the revised agreements. The revised agreements do, however, provide a degree of flexibility with regard to financing the repair or replacement of the individual STEP systems by allowing for use of the proceeds from the grant funds. RECOMMENDATION: The administration and staff, while recognizing that the issues and solutions identified above and in the attached agreements could be seen in a different perspective by the Piney Mountain home owners or by OWASA, nonetheless recommends that the Board: a) approve the agreements as submitted; b) authorize the Chair to sign the agreements when finalized; c) authorize the Chair, County Manager and County Attorney to devise modifications to the agreements as necessary to secure accord among the other parties to the agreements, with the proviso that the intent of the agreements will not be modified without the approval of the BOCC; and d) withdraw from the grant funding and system ownership process if these conditions prove to be too onerous to either the home owners or OWASA. Document #3 5 Draft: 5/11/94 NORTH CAROLINA 5/17/94 6/7/94 ORANGE COUNTY 6/23/94 MARA AGREEMENT FOR PROVIDING ADMINISTRATIVE AND TECHNICAL SERVICES AND ASSISTANCE TO ORANGE COUNTY BY ORANGE WATER AND SEWER AUTHORITY FOR THE DESIGN, PERMITTING, CONSTRUCTION, ADMINISTRATION, OPERATION AND MAINTENANCE OF THE PINEY MOUNTAIN SUBDIVISION WASTEWATER SYSTEM THIS AGREEMENT is made and entered into this the day of , 1994 , by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes , with its principal office in Carrboro, North Carolina, hereinafter referred to as "OWASA, " and Orange County, a body politic and corporate and a political subdivision of the State of North Carolina, hereinafter referred to as the "COUNTY. " WHEREAS, OWASA provides wastewater collection, pumping, treatment and disposal services for the Chapel Hill-Carrboro community and surrounding area; and WHEREAS, the COUNTY has applied to the State of North Carolina for a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" ) for the design, construction and payment of fees associated with repair of the existing Piney Mountain Subdivision wastewater force main collection system, including individual home ccptic tank effluent pump cystcme (hereafter "STEP cycteme" ) , and the development of a new wastewater pumping facility and force main connecting the Subdivision collection system (hereafter all 1 6 together referred to as "the Subdivision wastewater system" ) with the wastewater collection system owned and operated by the City of Durham; and WHEREAS, the COUNTY, under the conditions of the State Grant, must own the Subdivision wastewater system; and WHEREAS, the COUNTY, under the conditions of the State Grant, must provide for the design, permitting, construction, administration, operation and maintenance of the Subdivision wastewater system; and WHEREAS, the COUNTY and OWASA are authorized under North Carolina law to enter into agreements for the provision of wastewater facilities and services and to enter into a so-called Interlocal Agreement under Article 20 of Chapter 160A of the North Carolina General Statutes to share or allocate responsibilities of each in order to provide wastewater facilities and services to the Subdivision; and WHEREAS, the COUNTY has requested that OWASA provide all of the administrative and technical services and assistance necessary to design, permit, construct, administer, operate and maintain the Subdivision wastewater system; and WHEREAS, OWASA is willing to provide these requested services to the COUNTY and the residents of the Subdivision under the terms set out herein. NOW, THEREFORE, the governing bodies of the parties hereto have determined that the public health and welfare will be served and benefited by their cooperation, mutual undertakings and 2 7 agreement as hereinafter set out; and in consideration of the benefits, assistance and mutual obligations to be received and performed by the parties hereunder, the COUNTY and OWASA, for themselves, their successors and assigns, do mutually agree as follows : 1. OWASA shall provide administrative and technical services and assistance as regards to the design, permitting, construction, administration and operation and maintenance of the Subdivision wastewater system. 2 . OWASA shall charge the COUNTY and the residents of the Subdivision for its services under this Agreement, which charge shall be, with respect to the design, permitting and construction of the wastewater system, OWASA's actual direct and indirect costs of providing such service including, but not limited to, consultants ' fees, legal and administrative costs, capital facilities fees and construction contract costs . OWASA operation services (hereafter referred to as "utility services " ) shall be billed directly to the residents of the Subdivision and shall be rates , fees and charges calculated by OWASA as those necessary to recover the dikbdtRAMMEfidik4d# costs of the services provided, including reasonable reserves for maintenance and replacement of the facilities necessary to provide the services to the Subdivision, and a reasonable charge representing recovery of a share of the cost of OWASA's existing capital plant and facilities i5kNiiigthANOOk4. The rates and charges may be different from 3 8 those charged customers of OWASA's existing sewer system, and shall include provisions for recovery of such aii4W6140.44.46t costs as may be incurred and paid to the City of Durham for its acceptance and treatment of the wastewater from the Subdivision. 3 . Through the completion of construction and the formal acceptance by the County of the Subdivision wastewater system as complete, OWASA shall render a bill by monthly invoice to the COUNTY as service is provided by OWASA and shall provide to the COUNTY bills as frequently as required by the payment schedule specified under construction and consulting service contracts for services other than those provided by OWASA. The COUNTY shall make payment to OWASA after construction contract and other invoices are provided to it. Utility service billings will be made directly to the residents of the Subdivision and shall contain such terms and conditions as are customary and as are deemed fiscally prudent by OWASA. The parties agree that the Subdivision wastewater system will not be accepted by the COUNTY until te:���diatiti0 .:::: 0.4: a < tif s .,iM:;a .reiiiiteti tare satisfied and nti such times• as system it and each of its component parts has been approved and permitted, whichever is applicable, by the following: OWASA 4t each agency or division of the State of North Carolina with a peinuitting or financial interest in the system lit the MUM County; the Orange County Health Departments "`�4506 r i ied>>b> 04 :. t ";.<»:,•<,.> :;t,». `>:.;;.`:''::..<evoi>.:.•..>•...,vili :;.>;.>..;>:: ,..:.>•>..,..n:filil.>;>:;.>. ::ox it:.»; ..:<.;:er > :he . ...................................................................... ; ,,,,. ,:>:<;i::.:::: .,..,;>::;<.»::te.:;.;;:_t;.:,:.ityst::<m. d�.�l,��.�� �aat®wa.��� � s�e�t. 4 9 suti4uNito1ezw4d.rro. AYON#0:180.1::::#4411*0:40§0004:!::::1440t#CiaMXINOtgagg#40:iiiil#S400:iiiiAki:ijligh svEk.kl:ty. CINVMS:001401f451 NWP:V*EiiP#4**::::P'Ottgymg:oggpmpoHowtiooictg:::*oA 0#4:#04:10tighfilgOwnilit081$#Avg1§4045VM011::::::00050:011141#404NY 6044tIth4g$010M0yetbgAM 54. This Agreement shall continue until a reasonable amount of time followingOW#MX#8048##§#.#0*06####ROMOOTO#0####TAMMO# the happening of the first of the following events : (i) OWASA's sewer system is extended to the Subdivision; (ii) the COUNTY either withdraws itc State Grant application (al.) a minimum of one ( 1) year has elapsed following the OOF..g00g.##§0111.i::i:##tiggg.nr$rkg:o:::oqoigsiggaaoiggtgitop.*gog*ip*:y4:p:§p. State Grant project by the State. Within a reasonable amount of time, :::IAies,::i;in:i4V::fiCfki:*:t:etitl*ib.f#Rtfpit'g:0Urirfriiiiidiitiliit4:::::::::Itittib± following the happening of the first of the events described in (i) , (ii) and (iii) above, the COUNTY agrees to convey to OWASA and OWASA agrees to accept from the COUNTY all of the COUNTY's right, title and interest to the Subdivision wastewater syster4, including tho STEP cyctcmc . 5 10 65-. Any litigation arising out of this Agreement shall be determined in Orange County District or Superior Court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: By: COUNTY CLERK THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: DATE FINANCE OFFICER ORANGE WATER AND SEWER AUTHORITY ATTEST: By: ASSISTANT SECRETARY THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND. FISCAL CONTROL ACT: DATE FINANCE OFFICER 6 Document #4 11 Draft: 5/11/91 NORTH CAROLINA 5/17/94 6/7/94 ORANGE COUNTY 6/23/91 9/6/94 AGREEMENT PROVIDING FOR THE OWNERSHIP, CONSTRUCTION AND OPERATION OF THE PINEY MOUNTAIN SUBDIVISION WASTEWATER SYSTEM THIS AGREEMENT is made and entered into this the day of , 1994, by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes, with its principal office in Carrboro, North Carolina, hereinafter referred to as "OWASA, " Orange County, a body politic and corporate and a political subdivision of the State of North Carolina, hereinafter referred to as the "COUNTY" and the Piney Mountain Homeowners Association, a North Carolina not for profit corporation (being duly authorized to act and acting for and on behalf of the owners of lots in that subdivision, their grantees , successors and assigns) hereinafter referred to as the "ASSOCIATION. " WITNESSETH WHEREAS, on this date the parties to this Agreement have entered into an agreement which, in order to correct the failed wastewater collection and treatment system serving the Piney Mountain Subdivision (hereafter "the Subdivision" ) , authorizes the connection of the Subdivision wastewater system to the public sewer system of the City of Durham for purposes of treatment of the wastewater generated at the Subdivision; and 1 12 WHEREAS, OWASA and the City of Durham have entered into a written agreement in which the City of Durham has agreed to the connection of the Subdivision wastewater system to its public sewer system and in which, as between the City of Durham and OWASA, provides for OWASA owning, operating and maintaining the Subdivision wastewater system; and WHEREAS, by Resolutions adopted on March 28, 1994 inAHAngust 23 .194, the COUNTY authorized an application to the State of North Carolina for a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" )T by the State; and WHEREAS, on this date the COUNTY and OWASA have entered into an agreement which provides for the design, construction and operation of the Subdivision wastewater system in the event the with the State Grant; and WHEREAS, there are certain matters related to the ownership, design, construction and operation of the Subdivision wastewater system and related to the State Grant not addressed in the agreements itemized above but which are essential to the undertaking by the parties of the Subdivision wastewater system project contemplated herein. NOW, THEREFORE, the parties have agreed for themselves and for their successors and assigns : 2 13 1 . The ASSOCIATION covenants that it has authority to enter into this contract for itself and for the owners of each lot in the Subdivision, their grantees , successors and assigns . As used in this agreement hereafter, the term "ASSOCIATION" refers to the Piney Mountain Homeowners Association and the owners of each and every lot in the Subdivision. 2 . The ASSOCIATION covenants that it will pay to the COUNTY and to OWASA: ( 1) all costs and expenses, including the value of administrative and professional time expended by each, in the application for, administration of and the closeout of the State Grant; and, (2 ) all costs and expenses not covered by ( 1) expended by each in the design, bidding and contract award, construction, regulatory approval and permitting of the Subdivision wastewater system. The costs and expenses described in ( 1) and (2) are hereafter referred to collectively and sometimes individually as the project expense" or "project expenses . " In order to facilitate the covenant contained in this paragraph, the ASSOCIATION has deposited, or will upon demand by the COUNTY, deposit the sum of $ with the COUNTY for the payment of the costs and expenses described here. The parties acknowledge that the deposit amount is equal to the total project expense determined by estimates made in good faith. The ASSOCIATION further acknowledges its obligation to the COUNTY and OWASA for project expense that exceeds the estimate and to make further advances upon demand by the COUNTY to cover project expense that exceeds the project expense estimate. The ASSOCIATION further 3 14 acknowledges and agrees that its obligation to pay the project expense is absolute and not dependent on any other source of funds available to the COUNTY or OWASA to pay the project expense. 3 . The COUNTY agrees that it will maintain the money deposited with it in a designated project fund and will draw money from that fund payable to itself, OWASA and others as provided in this Agreement for project expenses . The COUNTY agrees to account to the ASSOCIATION for the funds deposited and agrees to apply grant funds received by it, in the event it is awarded a State Grant, to all grant eligible expenses of the project. The COUNTY further agrees to refund to the ASSOCIATION such sums as it has received from the ASSOCIATION that exceed the project expense after it has first applied grant funds received by it to grant eligible project expenses . 4 . The COUNTY shall be the owner of: ( 1) the Subdivision wastewater system, including the pump station and force main that convey wastewater from the Subdivision to the wastewater collection system of the City of Durham.; ; and (2 ) the individual home ccptic controle (hereafter "STEP syctems" ) . The ASSOCIATION agrees to obtain and provide to the County on demand such indicia of ownership of the Subdivision wastewater system and the STEP cyctemc as requested by the COUNTY in the form of deeds, release deeds, subordination agreements, encroachment agreements, dedications, easements and bills of sale as determined reasonably necessary by the COUNTY. Provided, however, the COUNTY will become the owner of 4 15 OWASA. The COUNTY shall own the Subdivision wastewater system and the STEP cyctcmc until a reasonable amount of time followinggp 0140:04,.;,.;#0eg the happening of the first of the following events : (i) OWASA's sewer system is extended to the Subdivision; ( ii) the COUNTY either withdrawc its State Crant application or the COUNTY's State Crant application is denied; (iii) a minimum of one ( 1) year has elapsed following the cloccout of the State Crant project and the final approval of the State Crant project by the State. ac 00a < 44: 0WW W dS)'3s '°'n ,;:<.:>;;:<...,,,::;.:::a ":<; >':: . :. .... :.:::. `:�.�'�,�.'rit'�'�.?��.::�: : ,�e3W;::; Within a reasonable amount of time> but;::>: ini0, eve0 t ,) t . tan,;. <::..::: : ::: #onth , following the happening of the first of the events described in (i) , (ii) and ( iii) above, the COUNTY agrees to convey to OWASA and OWASA agrees to accept from the COUNTY all of the COUNTY's right, title and interest to the Subdivision wastewater system:> , including the STEP cyctcmc . 5 . 1thq*.. ii$ ,1h ::::;:STE. :<::s::.:::s:tem :::<::w : : »>not::<:Y e::::::;owr•e.d::<:»:operas: d:>:or ma.........:tt. ned ;b.::� .;.....;,:. t- he parties a gr ee that the Subdivision wastewater system can only be properly repaired if repairs are made to some or all of the STEP systems in the ubd 5 i'v'ision �or _.. 4o#o git all gi-f th,eCVie:; te14:Mced; and that Those 5 16 repairs 04000#0#40# are a #0 part of the project and the cost of those repairs is tiOt part of the project expense. 0404ft Each existing STEP system shall be inspected by OWASA, the Orange County Health Department and an engineer employed for that purpose by the Association. Repairs to each, if any, 04M*404400M#4.6f each shall be specified by the engineer, approved by OWASA and the Orange County Health Department, and completed aavitiallWittiOltirithiii as part - of the Subdivision wastewater system project. 6 . The ASSOCIATION has or will contract with Colonial Engineering, Inc . (hereafter "Colonial" ) to be the Subdivision wastewater system engineer for: ( 1) professional services incident to the construction of the Subdivision wastewater system; and, (2) the application by the COUNTY for a State Grant. The ASSOCIATION hereby assigns to OWASA its contract with Colonial and covenants and warrants to OWASA that that contract is assignable to OWASA and that Colonial in all and every respect agrees to this assignment. 7 . The parties acknowledge that upon connection of the Subdivision wastewater system to the sewer system of the City of Durham, the portions of the Subdivision wastewater system related to treatment of wastewater, for example, the community septic system drainfield areas and drainfield reserve areas , will no longer be part of or necessary for the Subdivision wastewater system. The ASSOCIATION covenants and agrees that it will, as soon as is reasonably practical, take title to the land not now owned by the COUNTY that is now dedicated to these system components or 6 17 dedicated to the public for open space or recreation, free of all encumbrances save current property taxes, and that it will dedicate this land for the use and enjoyment of the residents in the Subdivision as permanent open space. All instruments of dedication and evidence of title shall be in form and substance approved by the COUNTY. 8 . The ASSOCIATION covenants and agrees to indemnify and hold harmless the COUNTY and OWASA, their board members, officials and employees, from any claim against either arising out of or related to the design and construction of the Subdivision wastewater system 041::::130MSTSPiii:i:ioyggowiii:iiii::::tuottnii:toptuisi$10 * gawk:at. This indemnity includes responsibility, on the part of the ASSOCIATION, to pay the reasonable attorneys fees of the attorney selected by the COUNTY and OWASA to represent each in the event of litigation or threatened litigation wherein the COUNTY and OWASA or either of them are named or threatened and the responsibility to pay such reasonable litigation expenses incurred by the COUNTY and OWASA in the defense of litigation or threatened litigation. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: By: COUNTY CLERK 7 18 THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: DATE FINANCE OFFICER ORANGE WATER AND SEWER AUTHORITY ATTEST: By: ASSISTANT SECRETARY THIS INSTRUMENT HAS BEEN PREAUDITED IN THE MANNER REQUIRED BY THE LOCAL GOVERNMENT AND FISCAL CONTROL ACT: DATE FINANCE OFFICER PINEY MOUNTAIN HOMEOWNERS ASSOCIATION ATTEST: By: SECRETARY 8 Document #5 19 Draft: 5/11/94 NORTH CAROLINA 5/17/94 6/7/94 ORANGE COUNTY 6/23/94 06A$4 AGREEMENT APPROVING EXTENSION OF AND RESTRICTIONS REGARDING CONNECTIONS TO A PUBLIC SEWER LINE TO BE CONSTRUCTED TO PROVIDE PUBLIC SEWER COLLECTION SERVICE ,SOLELY TO PINEY MOUNTAIN SUBDIVISION THIS AGREEMENT is made and entered into this the day of , 1994, by and between Orange Water and Sewer Authority, a public body politic and corporate, organized and existing under the provisions of Chapter 162A of the North Carolina General Statutes, with its principal office in Carrboro, North Carolina, Orange County, a body politic and corporate and a political subdivision of the State of North Carolina and the Piney Mountain Homeowners Association, a North Carolina not for profit corporation (being duly authorized to act and acting for and on behalf of the owners of lots in that subdivision, their grantees, successors and assigns) . WITNESSETH WHEREAS, the on-site sanitary sewer collection system serving lots in the Piney Mountain Subdivision in Orange County has failed; repairs or construction of a replacement on-site system are not possible because of unsuitable soils in more than sixty-five percent of the area available for use as wastewater drainfield; and therefore, a public health emergency as defined in the Orange County Water and Sewer Policy exists; and WHEREAS, the Piney Mountain Homeowners Association, representing owners of lots and homes in the Piney Mountain Subdivision, has petitioned Orange County, the Towns of Chapel Hill 1 20 and Carrboro, the City of Durham, and Orange Water and Sewer Authority to allow the extension of a public sewer collector main, and the construction and operation of related facilities, all as may be necessary to collect and transport wastewater from homes constructed or to be constructed in the Piney Mountain Subdivision to the Durham County line where it will be connected to and the wastewater thence transported through City of Durham mains for treatment in the wastewater treatment system operated by the City of Durham; and WHEREAS, the Towns of Chapel Hill and Carrboro and Orange County entered into a Joint Planning Agreement in 1987 which identifies an area known as the Rural Buffer in which the Piney Mountain Subdivision is located and which provides for residential development only, limited to a density of no more than one residence per two acres; pursuant to that Agreement, the Towns of Chapel Hill and Carrboro and Orange County have adopted a Joint Planning Area Land Use Plan which contains significant limitations on public water and sewer extensions into the Rural Buffer and significant policy preferences against these extensions; and, WHEREAS, Piney Mountain Subdivision is located within an area subject to the planning and zoning jurisdiction of Orange County, within the Rural Buffer, and is zoned Rural Buffer (RB) ; and, WHEREAS, Orange County has adopted a Water and Sewer Policy, in part, to implement the Joint Planning Area Land Use Plan limitations on the extension of public water and sewer system 2 21 extensions into the Rural Buffer; that Policy states, in pertinent part, as follows : "Public water and sewer facilities should be extended in accordance with the Land Use Element of the Orange County Comprehensive Plan. Such facilities will be encouraged, where they are available, in the Plan's Urban and Transition areas, and will be discouraged in Rural and Agricultural areas , except where their provision will enhance the rural character and provide for open space by allowing clustered development. " and, "Outside of Transition Areas, extension of water or sewer systems will only occur to provide service to an essential public facility, such as a school, or to remedy a public health emergency not otherwise correctable, such as a failing septic tank or failing package treatment plant( . ) ; " and, WHEREAS, the parties and the Towns of Chapel Hill and Carrboro have agreed that the Piney Mountain Subdivision petition ought to be allowed, notwithstanding the limitations and policy preferences against public sewer extensions contained in the Joint Planning Area Land Use Plan, as specifically contemplated under the Orange County Water and Sewer Policy, as necessary to alleviate a public health emergency, but without thereby intending or effecting any modification or other limitation to the continuing effect of the Joint Planning Area Land Use Plan's restrictions on public sewer extensions or connections within the Rural Buffer; and 3 22 WHEREAS, Orange Water and Sewer Authority has adopted a Mains Extension Policy which, consistent with the Joint Planning Agreement, Joint Planning Area Land Use Plan, and the Orange County Water and Sewer Policy, prohibits the extension of public water and sewer lines into the area designated as Rural Buffer, except as necessary to alleviate a public health emergency; and WHEREAS, the Town of Chapel Hill and the City of Durham have agreed to an annexation boundary to the west of which Durham will not seek to annex properties into its city limits, and to the east of which Chapel Hill has agreed not to annex properties into its town limits, and the Piney Mountain Subdivision is to the west of that annexation boundary line; and WHEREAS, Orange Water and Sewer Authority and the City of Durham have entered into a Service Area Boundary Agreement which provides that Orange Water and Sewer Authority will serve those properties lying west of the annexation boundary agreement between Chapel Hill and Durham, and thus the Piney Mountain Subdivision is within the area where the City of Durham has agreed not to extend water or sewer lines or service; however, notwithstanding that agreement, and without intending to effect any modification to that agreement as it may apply to any property other than the present Piney Mountain Subdivision lots, or to any improvements not constructed within that subdivision as of the date of this Agreement, the parties wish to authorize the connection of a line to be constructed from Piney Mountain Subdivision to a receiving main owned by the City of Durham at the Durham County line, for the 4 23 sole purpose of receiving wastewater from homes constructed and to be constructed on the fifty-nine lots which now constitute the Piney Mountain Subdivision; and WHEREAS, a Memorandum of Understanding entered into in 1989 by and among Orange Water and Sewer Authority, Orange County, the Town of Chapel Hill and the Town of Carrboro provides that the parties will communicate regularly about matters of mutual concern, specifically including water and sewer extension policies and development requests that would require water and/or sewer service extensions into areas not developed to urban densities, and the parties acknowledge by this Agreement their agreement to cooperate together to serve their respective and mutual interests, one of which is providing for prompt action to alleviate the existing public health emergency at Piney Mountain Subdivision, while at the same time preserving the nature and effect of the mutual undertaking of the parties and the Towns of Chapel Hill and Carrboro not to provide sewer service extensions or otherwise to provide public sewer service in the Rural Buffer except as provided in the Orange County Water and Sewer Policy as may be necessary to alleviate a public health emergency; and WHEREAS, Orange County, the Towns of Chapel Hill and Carrboro, the City of Durham and OWASA have all, by resolution of their governing boards and by collateral agreements between and among some of them, approved the connection of the Piney Mountain Subdivision to the public sewer system of the City of Durham to 5 24 correct the public health emergency created by the failed septic system serving the Piney Mountain Subdivision; and WHEREAS, the County, the Towns, the City and the Authority are particularly concerned that their deteLmination to approve the Piney Mountain Subdivision line, to alleviate the public health emergency, shall not effect any abrogation either of their zoning and subdivision regulations, or their water and sewer policies , or their cooperative agreements, or their respective commitments and efforts to preserve open space and the character of the Rural Buffer, and to make adequate provision for public educational facilities, and watershed and natural drainage' preservation; and WHEREAS, the parties have therefore determined that the sewer main and related facilities to be constructed and/or operated hereunder to alleviate the existing public health emergency at Piney Mountain Subdivision shall be restricted for use solely for that purpose, and that further connections thereto will not be allowed to serve either any new development, or any existing development in the absence of a public health emergency not otherwise correctable as defined in the Orange County Water and Sewer Policy. NOW, THEREFORE, the parties have agreed for themselves and for their successors and assigns : 1 . In order to alleviate the existing public health emergency, a sewer force main and appropriate pumps and facilities (sized and constructed in accordance with the specifications and requirements of the Orange Water and Sewer Authority, as necessary 6 25 to collect and convey wastewater from the existing improvements in the Piney Mountain Subdivision to the Durham County line, where the same shall be connected with sewer main facilities operated by the City of Durham) , shall be constructed by Orange County or its designee and, at the sole expense of the Piney Mountain Homeowners Association, and/or its members or designate. In the event that Orange County is the recipient of a grant through the North Carolina Clean Water Revolving Loan and Grant Act of 1987 (hereafter "State Grant" ) for the construction of the Piney Mountain Subdivision wastewater system or any part of it, Orange County agrees to apply the State Grant funds to grant eligible construction expenses or to refund money to Piney Mountain Homeowners Association with State Grant funds for grant eligible expenses paid by the Homeowners Association. And, in consideration of the conditions, restrictions, and undertakings herein recited among the parties, the Piney Mountain Homeowners Association has agreed to convey and shall convey the said system facilities to Orange County or its designee, which shall thereafter operate and maintain the same in accordance with the terms, conditions, restrictions and undertakings herein recited and in accordance with the terms, conditions, restrictions and undertakings of any other agreement or agreements among the parties or any of them and with other parties related to the Piney Mountain Subdivision wastewater collection system. 2 . The area that may be connected to the sewer main and related facilities constructed in accordance with this Agreement is 7 26 the Piney Mountain Subdivision only, a subdivision of approximately 120 acres located within Chapel Hill Township approximately one mile west of the Orange/Durham County line on the north side of Mount Sinai Road (SR 1718) . It encompasses fifty-nine platted residential single family lots described as Piney Mountain Subdivision Phase I, Lots 1-24 and Phase 2 , Lots 25-59 , as recorded in Plat Book 49, Pages 85 & 86, Plat Book 52 , Page 183 , and Plat Book 58, Pages 129 & 130 . 3 . The sewer main and related facilities constructed in accordance with this Agreement to serve the Piney Mountain Subdivision, and originally connected to the City of Durham main at the county line, will be connected to OWASA. mains when the same may be constructed in the area proximate to Piney Mountain Subdivision, and the cost of construction of facilities and connections to join this line to future OWASA lines shall be paid on a pro-rata basis by the owners of lots within the Piney Mountain Subdivision. Likewise, if for any reason OWASA is unable to or determines not to continue its agreement with the City of Durham providing for the City of Durham to receive and treat waste from Piney Mountain Subdivision through the line to be constructed hereunder, the owners of lots in Piney Mountain Subdivision shall be responsible for and shall pay to OWASA the cost of an appropriate line and connection to the OWASA sewer collection system as may be necessary to connect the Piney Mountain system to OWASA collector mains leading to OWASA's wastewater treatment facilities . Any such connection to OWASA's wastewater collector mains and wastewater 8 27 treatment facilities shall be in accordance with the te Lms , conditions, restrictions and undertakings herein recited. 4 . In consideration of acceptance, operation and maintenance of the sewer main and related system facilities by Orange Water and Sewer Authority, the owners of properties to be connected to the sewer main to be constructed have agreed to pay and shall pay to Orange Water and Sewer Authority rates , fees and charges calculated by the Authority as those necessary to recover the direct ad $fiatiiict costs of the services provided, including reasonable reserves for maintenance and replacement of the facilities necessary to provide the service to the Piney Mountain Subdivision, and a reasonable charge representing recovery of a share of the cost of OWASA's existing capital plant and facilities used to 10011#044.*MIKOROONtaitiiiggii:iii*iiittiAliiiitAgtitti. The rates and charges may be different from those charged customers of OWASA's existing sewer system, and shall include provisions for recovery of such direct and costs as may be incurred and paid to the City of Durham for its acceptance and treatment of the wastewater from the Piney Mountain Subdivision. Neither ag#01gt#0 and in the e' en of any s'uch 1aim 1Ln derogation of this co1enantf 4. i1udx4#0t4uotiaisumAtt4tAbytottegv 9 28 5 . The main and facilities constructed hereunder shall be used solely to provide service to the homes constructed and to be constructed on the lots which now constitute the Piney Mountain Subdivision as described in paragraph 2 of this Agreement. Orange Water and Sewer Authority shall not permit, nor shall any of the other parties to this Agreement request or attempt to permit, or approve any development which would require, other connections to this line to serve properties outside the Piney Mountain Subdivision, except as may be necessary to alleviate a public health emergency, except by and with the consent of the particc hereto aggteiiitf0.:::i:lkitgfWaigt::::$feVigektitfidkltkq:ttfiiqii.tttWifEV and the Towns of Chapel Hill and Carrboro. 6 . Orange Water and Sewer Authority and the City of Durham haViii::::tikaditidd will cxccutc a separate Agreement for Collection and Treatment of Wastewater from Piney Mountain Subdivision, #1000$ WhithiA$ - =- - - • - - - -= Exhibit A to this AgreemerZ 7 . The parties hereto agree that this Agreement is entered into solely to recognize and provide the means for alleviating an existing public health emergency in the Piney Mountain Subdivision and its environs in Orange County, and that nothing herein shall be deemed or construed so as to modify or diminish the commitment of the parties, as expressed in the various intergovernmental agreements, policies, subdivision, and zoning documents referenced above, not to provide public water and sewer service extensions in areas identified by the parties ' policies and understandings as not 10 29 suitable for development at urban densities . Nor shall this agreement be construed, deemed, or urged by any party to amend the Joint Planning Agreement, the Joint Planning Land Use Plan, the Orange County Water and Sewer Policy, the Annexation Boundary Agreement executed by and between the City of Durham and the Town of Chapel Hill, or the Service Area Boundary Agreement executed by and between Orange Water and Sewer Authority and the City of Durham, except as and for the specific, limited purposes for which it is entered. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed for and in their place and stead by their duly authorized undersigned officers and agents, to be effective from and after the date first above written. ORANGE COUNTY ATTEST: By: COUNTY CLERK ORANGE WATER AND SEWER AUTHORITY ATTEST: By: ASSISTANT SECRETARY PINEY MOUNTAIN HOMEOWNERS ASSOCIATION ATTEST: By SECRETARY 11 EXHIBIT A 30 STATE OF NORTH CAROLINA COUNTY OF DURHAM COUNTY OF ORANGE AGREEMENT FOR COLLECTION AND TREATMENT OF WASTEWATER FROM THE PINEY MOUNTAIN SUBDIVISION, ORANGE COUNTY, BY THE CITY OF DURHAM THIS AGREEMENT is made and entered into by and between the CITY OF DURHAM, a North Carolina municipal corporation, (herein referred to as "City" ) , and ORANGE WATER AND SEWER AUTHORITY, a public body, politic and corporate organization and operating pursuant to Chapter 162A of the North Carolina General Statutes, (herein referred to as "OWASA" ) , and shall be effective from and after the date of its execution by both of the parties . WHEREAS a consent judgment entered by the court on November 6 , 1986 in the Town of Chapel Hill vs . City of Durham, established an annexation boundary line between the Town of Chapel Hill and the City (hereinafter "Annexation Boundary Line" ) ; and WHEREAS in 1993 , the AGREEMENT DEFINING SERVICE AREA BOUNDARIES AND PROVIDING FOR SALE AND PURCHASE OF WATER was renewed for a five (5) year term ending on August 26 , 1998 ; and WHEREAS the Piney Mountain Subdivision lies on OWASA' s side of the annexation boundary line, approximately one mile west of the City' s wastewater collection facilities on Kerley Road and Mount Sinai Road; and WHEREAS as of the date of this AGREEMENT there are no existing OWASA sewer facilities near the Piney Mountain Subdivision which could be extended . to serve the subdivision in a manner that is economically feasible; and WHEREAS it has been determined that the Piney Mountain Subdivision' s on-site wastewater treatment system has failed and the sole remedy is a force main to the nearest public wastewater collections system. NOW, THEREFORE, the City and OWASA for and in consideration of the matters hereinafter set forth, do hereby agree as follows : 1 . PURPOSE The purpose of this Agreement is to permit the City to receive wastewater from OWASA that is generated from the Piney Mountain Subdivision until such time as OWASA' s . utilities are extended to the subdivision as hereinafter defined. -1- 31 2 . DEFINITION OF AREA A. The service area which is the subject of this agreement is a subdivision of approximately 120 acres located within Chapel Hill Township approximately one mile west of the Orange/Durham County line on the north side of Mount Sinai Road (SR 1718) . It encompasses fifty- nine platted residential single family lots described as Piney Mountain subdivision Phase I, Lots 1-24 and Phase 2 , Lots 25-59 , as recorded in Plat Book 49 , Pages 85 & 86 , Plat Book 52 , Page 183 , and Plat Book 58 , Pages 129 & 130 . B . The service area may not be expanded beyond the existing 59 lots . 3 . OWNERSHIP, MAINTENANCE AND INSPECTION A. The wastewater collection system serving the Piney Mountain Subdivision, including the pump station and force main that convey wastewater from the subdivision to the City' s wastewater collection system, shall be owned, operated and maintained by OWASA. The installation shall be done under the direction of OWASA at no charge to the City. B . OWASA agrees to allow the City to inspect any portion of the system that is located on the City side of the service area boundary line . 4 . MEASUREMENT OF WASTEWATER FLOWS A. The City agrees to receive from OWASA, at one collection point , domestic wastewater which is generated by the Piney Mountain Subdivision. B . A meter shall be installed as directed by the City to measure the amount of wastewater discharged to the City system. After installation and acceptance of the meter, it will be owned by the City. • C. The City shall read this meter monthly and bill OWASA for sewer usage based on 1005:1 of the City' s prevailing "outside" rate schedule . D. OWASA shall pay to the City, on a monthly basis , the City' s current charges for the sewer usage, based on the meter readings described in 4B above . 5 . CAPITAL FACILITY FEES A. OWASA shall pay to the City the sum of $25, 901 . 00 in capital facility fees prior to connecting to the City' s wastewater system. If service under this agreement is terminated before one (1) year after the execution date, the City will refund to OWASA the aforementioned capital facility fee . -2- 32 6 . TERMS OF AGREEMENT A. This Agreement shall become effective upon signing by both parties, and remain in effect until one of the following conditions is met : (1) OWASA' s sewer system is extended to the Piney Mountain Subdivision; or (2) The Annexation Boundary Line is altered in such a way as to bring the Piney Mountain Subdivision into the City' s service area. B . This Agreement may be amended or terminated, by mutual agreement of both parties . C . Nothing in this Agreement is intended to alter either: (1) The Annexation Boundary Line; or (2) The Agreement defining service area boundaries and providing for sale and purchase of water, entered into by the City and OWASA in August, 1988 and renewed in 1993 . D. This Agreement shall be administered by the City' s City Manager and by OWASA' s Executive Director, or their designees . E . Any litigation arising out of this Agreement shall be determined in Durham County District or Superior Court . F . NONDISCRIMINATION POLICY. The City of Durham opposes discrimination on the basis of race and sex and urges all of its contractors to provide a fair opportunity for minorities and women to participate in their work force and as subcontractors and vendors under City contracts . IN WITNESS WHEREOF, the parties have authorized this Agreement to be executed an attested by their undersigned officers, to be effective from and after the date executed by the latter party. [End of Text] This instrum- - ,.. --s been preaudited in the manner required by the ,ca Goveri t Bidget and Fiscal Control Act . Or y Finance Officer Date -3- 33 P s LSCiat14 rDt>10 6 Li Ply.,"70 ATTEST 2e. ...,:',-.,‘.c±'±"E OF .I vi • . , m. 4 . / ...a. ‘ , ,, 'A -4.$':::: il City Clerk &of,c..„.. --, _..,_ Ailtp)'(----c."'u •. City Manager ,S, / ;••°..."'" ATTE 1T 1 1975 T .1 •,--) 1 WATER AND SEWER AUTHORITY ..it : ;-)_ I ORANGE r • i A„,„. . c.. ...e.....0 ._ ,.....m.2.../ (J. :: As,:is t ant Secret':r• % '.2., _4+' l Executi“ tor STATE OF NORTH CARO INA COUNTY OF / 1--7 I, jt....6-016.,. / * . /4 , a nota public for said County and S ate, '=rtify that - ,i j72)7 -, ,t)14-2--personalj_ialppeared before me this day, and ac .4 .. . .edged that she is City Clerk of the CITY OF DURHAM, a municipal corporation, and that by authority duly given and as th$00,#eptiAic4 the City, thejpregoing contract was signed in its coA0A.\ .6; Manager, sealed with its corp01.ate* .seZi".e. ciA,by its City attested by heelf as its said City Clerk or Depugy :41..YiTglyet.. 1. This the 4gULoc.day of :- 19*_. • . _ - : * * * • - = • - .. . AO, . . •°: 1°U.,,L.,,,,....*r faarYkl""ir-n / 4 `• 4/ dr, c , PuJ ic -Ali's 444 COW %.■' My commission expires : IL-,7V7-,--f-yHsssitstso' . STATE OF NORTH CAROLINA COUNTY OF (7 eju,GiT I, I- si f : , , a notary public for said County and State, certify that sT,77- (;;;kr,oe.,_ personally appeared before me this day, and acknowledged that -he—sr she is /4sg istfryt".cc-zei7,7-4-- of ORANGE WATER AND SEWER AUTHORITY, a public body, politic and corporate organization and operating pursuant to Chapter 162A of the North Carolina General Statutes, (herein referred to as "OWASA" ) , and that by authority duly given and as the act of the corporation, the foregoing contract with the City of Durham was signed in its name by its gye.eut2g 2)/80e)te: whose name is W. Z. ,a4diasi,Et." , sealed with its corporate seal, and attested by It±i /herself as its said 746Nsy,_07 (fc-pio7,41—ex-. This the ,2.1-1_4- day of ,% , 19 9 i gltl4.6. 1 Notary Public 1 I My commission expires : 1 -4- CeTt2E3EP., .2 2 , 1994 1 - 34 ORANGE WATER AND SEWER AUTHORITY APPROVED AS TO FORM AND LEGALITY: PA 44 DATE ROB !T EPTING, 1:QUIRE COUNSFJ, TO THE AUTHORITY THIS INSTRUMENT HAS BEEN PREAUDrEED IN THE MANNER REQUIRED BY TIM LOCAL GOVERNMENT AND FISCAL CONTROL ACT: - c)-9— • 1/1A...-mler DATE FINANCE Oi-,FICER Viqf 9/9b/9e./ LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE 129 E.TRYON STREET KIM K.STEFFAN P.0.DRAWER 1529 HILLSBOROUGH,NORTH CAROLINA 27278 JANET B.DUTTON (919)732-2196 September 15, 1994 DOUGLAS P.THOREN FAX(919)732-7997 Moses Carey, Jr. , Chair Alice Gordon Stephen Halkiotis Verla Insko Don Willhoit - Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Piney Mountain Subdivision Dear Board Members: This letter is intended to supplement the September 20, 1994 agenda materials on the Piney Mountain Subdivision sewer system project. First, the agreements that are part of your agenda materials are the same as those prepared for the September 6, 1994 meeting. They have not been revised to include the recommendations in my September 2, 1994 letter to you (a copy is enclosed) and have not been revised to include the proposal outlined in the agenda abstract for this item and as is also outlined here. The agreements necessary to accomplish the Piney Mountain Subdivision sewer improvements have proven to be very "fluid. " They continue to be. They will be revised finally to reflect the Board's decision on September 20, 1994 . It is my view and the view of John Link and Paul Thames that Orange County should play a role in helping the Piney Mountain Subdivision home and lot owners get their sewer system repaired and connected to public sewer but only if the repairs and connection can be done correctly and completely. The proposal outlined in the September 20, 1994 abstract accomplishes those goals . The important specifics are: 1. Orange County will own the new force main and pump station connecting to Durham's public sewer system. 2 . Orange County will own the Piney Mountain Subdivision collection system. Orange County Board of Commissioners Page 2 September 15, 1994 3. Each Piney Mountain property owner will own the STEP system serving their home or its replacement. 4 . Orange County will apply for a High Unit Cost Grant from the Environmental Management Commission for the construction of the force main and pump station. 5 . The Piney Mountain Homeowners ' Association will fund the construction of the new force main and pump station and any needed repairs to the collection system and individual home STEP systems . 6 . Grant money will be used for the construction of the force main and pump station. 7 . OWASA will oversee the design, permitting and installation of the force main and pump station, the collection system, each existing STEP system repair or replacement and the design, permitting and installation of all new connections to the collection system. 8 . The Homeowners ' Association will deposit with the County, at the time of execution of the agreements among the County, OWASA and the Homeowners' Association, the funds estimated to be necessary to construct the force main and pump station and to correct and make the collection system operational with the new force main and pump station. 9 . The Homeowners' Association will deposit with the County the funds estimated to be necessary to repair or replace the existing STEP systems. This deposit will be made at the time the cost of these repairs or replacements is known. This cost will be determined as soon as possible and will be based on the decisions made about repair or replacement by OWASA, the Homeowners' Association and the appropriate State or County agency regulating these systems. 10. OWASA will operate the new system at no cost to Orange County and will bill the Piney Mountain Homeowners for the operation of the system. 11. Orange County will transfer ownership of the system and all other responsibility it has related to the system to OWASA as soon as that can be done consistent with High Cost Grant regulations and requirements. There are, of course, other important features of the recommended agreements . However, those listed above, in nutshell fashion, clarify the important ownership, financing and operation Orange County Board of Commissioners Page 3 September 15, 1994 aspects . Finally, it is worth repeating, in substance, a statement contained in the September 20, 1994 agenda abstract recommendation. The issues and the solutions to the Piney Mountain Subdivision sewer system proposed here may be viewed differently by the Homeowners ' Association or by OWASA. John, Paul and I think the approach proposed here should be followed. Alternatively, the County should withdraw from the plan for it to own the sewer system. Very truly yours, COLEMAN GLEDHILL & HARGRAVE, P.C. , 7 ( 4 frey E Gledhi 1 GEG/lsg Enclosure xc: John M. Link, J Paul Thames lsg\home3\board3 .1tr LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE 129 E.TRYON STREET KIM K.STEFFAN P.O.DRAWER 1529 JANET B.DUTTON HILLSBOROUGH,NORTH CAROLINA 27278 DOUGLAS P.THOREN (919)732-2196 September 2 , 1994 FAX(919)732-7997 Moses Carey, Jr. , Chair Alice Gordon Stephen Halkiotis Verla Insko Don Willhoit Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Piney Mountain Subdivision Dear Board Members : Enclosed is correspondence between Bob Epting and Dave Moreau and a memorandum to the Environmental Management Commission Steering Committee from Preston Howard, the Director of the Department of Environmental Management, which provides information concerning the potential for a High Unit Cost grant award to Orange County for the Piney Mountain Subdivision sewer system. It was the County's belief that a special $2 , 000 ,000 appropriation made this summer by the General Assembly, a transfer from uncommitted Economic Development money to the "Wastewater Grant Program for High Unit Cost Areas , " was intended to or could be used to "fund" H.B. 1628 . A copy of H.B. 1628 is also enclosed. House Bill 1628 created special application procedures and a window of time for application for grants to fund failed, low-pressure pipe sewer systems certified by the State Health Director as present or imminent serious public health hazards . The North State LPP systems , including the Piney Mountain Subdivision system, prompted the introduction and passage of H.B. 1628 . As the enclosed correspondence makes reasonably clear, and as the language in the appropriation makes even clearer, it will be difficult for the Environmental Management Commission to classify any of the subdivisions served by a North State Utilities LPP system, including the Piney Mountain Subdivision, as a "low wealth area. " The information about the appropriation limitation was not known to County staff at the last Board Orange County Board of Commissioners Page 2 September 2 , 1994 meeting when the request was made by the Piney Mountain homeowners for the County to continue the request for grant funding and was not discovered until yesterday (September 1, 1994) . I have reviewed all of this with John Link and it is our view that there is no harm in permitting the EMC to consider the County's application for grant funding. It may be "killed" again or it may be funded on one of the limited bases suggested by the Preston Howard memorandum. However, since the chance of substantial grant funding does not exist, John and I agree that there is a greater need for the County to receive financial security from the Piney Mountain homeowners for the repair of the system. This is so because the County is agreeing to "own" the system principally to allow the construction to begin promptly rather than, as before, to aid in the receipt of substantial grant funding. The risk to the County until the system is completed and transferred to OWASA, is not insignificant and in part is related to the existence of the STEP systems, which although owned by someone other than the County, may be the collection and pump system owner's responsibility in the eyes of DEM. (DEM will regulate the new system because it will be a discharging system. ) To provide the financial security necessary for the repair or replacement of the STEP systems, John and I recommend that a separate account be created and funded by the Piney Mountain Homeowners Association to be held and operated for the STEP system repair or replacement in the same manner as that established for the rest of the Subdivision wastewater system (See paragraph 2 of Document #4 ) . It is further recommended that an initial deposit amount of $75, 000 be required. Very truly yours, COLEMAN / GLEDHILL & HARGRAVE, P.C. 4110, Gee ' reyi. Gledhill GEG/lsg Enclosures xc : John M. Link, Jr. Paul Thames lsg\home3\board2 . 1tr 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: PROFESSIONAL ASSISTANCE; JUSTICE FACILITY STUDY GROUP DEPARTMENT:PURCHASING AND CENTRAL SERVICES PUBLIC HEARING:YES: NO: x ATTACHMENT(S): INFORMATION CONTACT: PAM JONES, ext.2650 or VERLA INSKO,ext 2130 CONTRACT Telephone Number- Hillsborough 732-8181 Chapel Hill 967-9251 Mebane 227-2031 Durham 688-7331 PURPOSE: To consider retaining the firm of Grier-Fripp Architects to provide professional assistance to the Justice Facility Study Group. BACKGROUND: The Justice Facility Study Group has met twice. During these meetings and subsequent follow up,it has become apparent that there is significant information,to be considered as the group goes about the task of making recommendations for facilities through the year 2020. In order to best utilize the information available to us and to ensure that the resulting recommendations reflect a comprehensive needs analysis as well as realistic expectations about the facilities, the group endorsed the concept of retaining the services of a professional. Grier-Fripp Architects,the firm presently designing the Jail and the Courthouse Addition Project, have had considerable experience in this type of work and it is recommended that the County retain the firm to provide the following services for the Justice Facilities Study Group: • Act as facilitators to lead the study group through an outcome oriented process which would help us assess and come to conclusions about the data we are accumulating; • Interview key persons in each section(and with AOC); ► Develop data collection forms for use by the County; ► Review all data collected and provide outline documentation of . 20 year space requirements; . Estimated construction costs; . Estimate project costs; . Menu of outcomes to be considered. The County would provide the inventory of existing facilities and would conduct/coordinate data collection. The early conclusion of the Study Group was that it is highly likely that a bond issue will be required to finance recommendations offered. The document produced in collaboration with Grier-Fripp will allow us to ensure that the recommendations presented by the Justice Facilities Study Group are feasible and that the anticipated costs presented to the Public are credible. 2 The anticipated fee for this service would be$10,000,plus those items traditionally reimbursed at their cost, such as mileage, postage, phones,etc. We anticipate this work could be funded from the 1995-1999 CIP, Facilities Improvements Fund. RECOMMENDATION: The Manager recommends that the Board approve a contract with Grier-Fripp Architects,Inc., in an amount of$10,000 for work to be done in collaboration with the Justice Facilities Study Group; and authorize the Chair to sign on behalf of the Board. • • Grier-Fripp Architects, P.A. AN AFFILIATE OF FREEMANWHITE ARCHITECTS, INC. August 11, 1994 Ms. Pamela Jones Purchasing and Central Services Director County of Orange 132 East King Street/P. 0. Box 8181 Hillsborough,North Carolina 27278 Re: Facilitator Services Subject: Justice Facilities Study Group Dear Pam; Thank you for giving us the opportunity to submit a proposal to you for providing Facilitator Services to the Orange County Justice Facilities Study Group. Responding to your comments in our recent discussion,we have included an outline of an approach to an option identification process that is outcome oriented describing services we could provide for a fixed fee amount of ten thousand($10,000)dollars plus reimbursables. While our goal is to clearly define the outcome at the completion of the process,the process itself should be determined and agreed upon by the Study Group with our role as the Facilitator. We concur that the process needs to"explore the unexplored" and not necessarily follow conventional approaches of other Study Groups. To that end,we believe that our facilitating experience together with the wide range of the Groups'expertise and talent will result in both a process and a result that will accurately identify,assess and evaluate options for the future justice facility needs of Orange County. Please find enclosed the outline description of our proposal. We welcome yours and the Study Groups'comments and look forward to being considered for a role in this most challenging opportunity for Orange County. Sincerely, Grier-Fripp Architects,PA Laor Alan T. Baldwin,AlA President ATB/ad enclosure(1) 8001 Arrowridge Blvd. Charlotte.North Carolina 28273-5665 704) 527-2514 FAX(704)523-2235 Architecture Engineering Planning Interiors Orange County Justice Facilities Study Group Option Identification Process SERVICE SCOPE OF WORK- Recommend initial meeting,prior to first Study Group Session,to develop a Workplan outline for presentation to and approval by the Group. The Workplan should address at least; • Project Scope • Meeting Outline(s) • Schedule MISSION STATEMENT- Recommend that our first session with the Study Group include an open discussion leading to the development of a Project Mission Statement-to define purpose,responsibilities,objectives and philosophical direction for the facilities plan to be developed. GRIER-FRIPP ARCHITECTS,TO PROVIDE: 1. Six(6)sessions with Study Group. 2. Existing facilities inventory(walk thru). 3. Interview key System/Dept./Agency heads. 4. Develop data collection forms for use by County. 5. Review data collected by County. 6. Verify current space allocations via building plans. 7. Provide outline documentation of • 20-Year Space Requirements • Estimated Construction Costs • Estimated Project Costs • Options for Development ORANGE COUNTY TO PROVIDE: 1. Plans of existing facilities. 2. Designated personnel to conduct/coordinate data collection. ACCEPTED AND APPROVED BY BOARD OF COMMISSIONERS MOSES CAREY,JR.,CHAIR DATE: THIS DOCUMENT HAS BEEN PREAUDITED IN A MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. Kenneth Chavious, Finance Director ■ Grier-Fripp Architects, P.A. —01b--9e71 AN AFFILIATE OF FREEMAN WHITE ARCHITECTS, INC. August 11, 1994 Ms. Pamela Jones Purchasing and Central Services Director. County of Orange 132 East King Street/P. O. Box 8181 Hillsborough,North Carolina 27278 Re: Facilitator Services Subject: Justice Facilities Study Group Dear Pam; Thank you for giving us the opportunity to submit a proposal to you for providing Facilitator Services to the Orange County Justice Facilities Study Group. Responding to your comments in our recent discussion,we have included an outline of an approach to an option identification process that is outcome oriented describing services we could provide for a fixed fee amount of ten thousand($10,000)dollars plus reimbursables. While our goal is to clearly define the outcome at the completion of the process,the process itself should be determined and agreed upon by the Study Group with our role as the Facilitator. We concur that the process needs to "explore the unexplored" and not necessarily follow conventional approaches of other Study Groups. To that end,we believe that our facilitating experience together with the wide range of the Groups'expertise and talent will result in both a process and a result that will accurately identify,assess and evaluate options for the future justice facility needs of Orange County. Please find enclosed the outline description of our proposal. We welcome yours and the Study Groups'comments and look forward to being considered for a role in this most challenging opportunity for Orange County. Sincerely, Grier-Fripp Architects,PA 'ELMO Alan T.Baldwin,AIA President ATB/ad enclosure(1) 8001 Arrowridge Blvd. Charlotte,North Carolina 28273-5665 (704) 527-2514 FAX(704) 523-2235 Architecture Engineering Planning Interiors 9 0 b 91) Orange County Justice Facilities Study Group Option Identification Process SERVICES SCOPE OF WORK- Recommend initial meeting,prior to first Study Group Session, to develop a Workplan outline for presentation to and approval by the Group. The Workplan should address at least; • Project Scope • Meeting Outline(s) • Schedule MISSION STATEMENT- Recommend that our first session with the Study Group include an open discussion leading to the development of a Project Mission Statement-to define purpose,responsibilities,objectives and philosophical direction for the facilities plan to be developed. GRIER-FRIPP ARCHITECTS,TO PROVIDE: 1. Six(6) sessions with Study Group. 2. Existing facilities inventory(walk thru). 3. Interview key System/Dept./Agency heads. 4. Develop data collection forms for use by County. 5. Review data collected by County. 6. Verify current space allocations via building plans, 7. Provide outline documentation of; • 20-Year Space Requirements • Estimated Construction Costs • Estimated Project Costs • Options for Development ORANGE COUNTY TO PROVIDE: 1. Plans of existing facilities. 2. Designated personnel to conduct/coordinate data collection. ACCEPTED AND APPROVED BY BOARD OF COMMISSIONERS ,J' L MOSES CAREY,JR., CHAIR DATE: / "‘ THIS DOCUMENT HAS BEEN PREAUDITED IN A MANNER REQUIRED BY THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT. Kenneth Chavious, Finance Director 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 Agenda Abstract Item # I X— - SUBJECT: PROPOSED PURCHASE OF DEVELOPMENT RIGHTS PROGRAM PUBLIC HEARING: Yes X No DEPARTMENT: Planning ATTACHMENTS: INFORMATION CONTACT: Planning Director X2592 NOTE: Refer to Section 3 of the Purchase for PHONE NUMBERS: of Development Rights Program report Hillsborough • 732.8181 additional discussion. Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To consider program requirements and guidelines associated with the proposed Purchase of Development Rights Program. BACKGROUND: concerning August the lropo proposed Purchase of Development Rights Program and method concerning p P public hearings of funding; e.g., a bond referendum. Subsequent to that meeting, p were held on August 10 and September 6 for the purpose of obtaining citizen comment on the program as well as satisfying bond referendum requirements. As information has been presented and/or distributed, questions have arisen concerning many aspects of the program. However, several basic questions must be addressed so as to provide clear operating guidelines for the program. These questions have been addressed by the Agricultural Districts Advisory Board, and its recommendations are provided below. Where the bond-related concerns override these recommendations, they have been highlighted. Agricultural District Advisory Board Recommendations:Listed below are the recommendations of the Agricultural Districts Advisory Board pertaining to questions which have arisen concerning basic program provisions. 1. Approval of the LESA system as presented for use in ranking farmland for the purchase of development rights (PDR) program. (7/28/94 Vote - Unanimous.) 2. That a farmer who��iulsdm �Per 25 acres of protected�dowed to create one addit g (7/28194 Vote - Unanimous.At a special meeting on 9/13/94, the Advisory 2 Board clarified this provision further by indicating that an additional unit should be allowed for any residual acreage, provided it met the minimum required lot size of the zoning district in which located. For example, if a property owner had 90 acres, three homesites would be allowed at 1125. An additional homesite would also be allowed for the residual area of 15 acres.) 3. That after 25 years, a farmer will have the possibility of buying back the development rights at market value. (7/28/94 Vote-Unanimous.Because of the number of questions about this provision, the Advisory Board reconsidered the question of buy-back. 9/13/94 Vote - 3 to 3. The Advisory Board was divided on this issue because, as a practical matter, there may be no desire or ability to purchase the development rights back. On the other hand, the land owner should have the possibility of re-purchasing the rights.It should also be possible for the County to sell the development rights back to the farmer if development trends in the area warrant a sale.) 4. That at least 80 acres be offered to be eligible for participation in the PDR program. (7/28/94 Vote - Unanimous. The Advisory Board felt that the threshold should be the same as required for participation in the Voluntary Agricultural Districts Program. Smaller tracts would be eligible, provided they were located next to a qualifying tract on which the development rights had already been acquired. Smaller tracts combined together in one application totaling 80 acres would also be eligible.) 5. That more points be awarded for farms closer to urban areas than those farther away. (The Advisory Board was undecided on this issue. The attached tables indicate that there is relatively little shift in ranking when more points are awarded to farms closer to urban areas. The issue thus becomes a "moor point and a question of whether to preserve farms in rural areas where their viability is more certain or to preserve farms which may be threatened more from urban expansion.) 6. That the program be limited to purchase of development rights only and not permit lease of development rights. (9/13/94 Vote - 4 to 2. The PDR program report as drafted permitted leasing of development rights. The bond order and advertised notice specifically acknowledges acquisition by"purchase, lease or otherwise." Thus, this provision may not be altered without affecting the bond referendum.) While many other questions have been asked, they will be addressed through information sheets and during presentations of the program.Such questions have arisen more from individual situations and are not directly related to the program operating guidelines. 3 RECOMMENDATION: The Manager recommends that the Board pursue the recommendations of the Agricultural Districts Advisory Board with regard to questions 1-4. Insofar as #5 is concerned, the decision becomes a "moot" point, since either system of awarding points has little impact on the final outcome. In regard to#6, the"lease"possibility must be retained so as not to affect the bond referendum. 4 COMPARISON OF AGRICULTURAL SIGNIFICANCE RANKINGS FOR SELECTED ORANGE COUNTY FARMS Rank When Farms... Township Change in Farm Location Farther from Closer to Rank Urban Area Urban Area Mangum Little River 1 1 None Latta Cedar Grove 2 3 -1 Snipes Bingham 3 4 -1 Walters Cedar Grove 4 2 +2 Nutter Bingham 5 6 -1 Shambley Cheeks 6 7 -1 Strayhorn Chapel Hill 7 9 -2 Stroud Bingham 8 8 None Nichols Cedar Grove 9 10 -1 Rogers Cedar Grove 10 11 -1 Hogan Chapel Hill 11 5 +6 Lloyd Cheeks 12 12 None COMPARISON OF RESOURCE CONSERVATION SIGNIFICANCE RANKINGS FOR SELECTED ORANGE COUNTY FARMS Rank When Farms... Township Change in Farm Location Farther from Closer to Rank Urban Area Urban Area Mangum Little River 1 1 None Nutter Bingham 2 2 None Snipes Bingham 3 3 None Stroud Bingham 4 4 None Latta Cedar Grove 5 5 None Walters Cedar Grove 6 8 -2 Shambley Cheeks 7 9 -2 Lloyd Cheeks 8 7 +1 Hogan Chapel Hill 9 6 +3 Nichols Cedar Grove 10 10 None Strayhorn Chapel Hill 11 11 None Rogers Cedar Grove 12 12 None ORANGE COUNTY 1 BOARD OF COMMISSIONERS Action Agenda Item No. XX-144 ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Extension of two EPSDT (Health Check) Project Positions. DEPARTMENT: HEALTH PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: HEALTH DIRECTOR'S OFFICE X2411 DEHNR memo dated 8/31/94 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The purpose of this item is for the Board of Commissioners to extend two positions funded by the Department of Environment, Health and Natural Resources through a project grant ordinance. BACKGROUND: The goals of the Health Check Program include: 1) To increase the utilization rates of EPSDT (Health Check) services on the part of eligible children, with an emphasis on screening services; 2 ) To increase referral completion rates for children referred as a result of screening services, with an emphasis on children with special health care needs; 3) To increase the age-appropriate immunization rates of EPSDT-eligible children, with an emphasis on infants and toddlers; 4) To increase the WIC participation rates of EPSDT-eligible children less than 5 years of age. 2 Since the Office Assistant and outreach Social Worker were hired December 20, 1993, the following outcomes have been accomplished: 1. Nearly 40 contacts have been made with other providers. 2 . Both workers have attended training programs and received on-site training from State consultants. 3. Contacts and linkages have been made with other agencies such as Head Start, Women's Infants and Children Nutrition Program, Orange Chatham Comprehensive Health Service, Carolina Access and the DSS Medicaid staff, and the Community-Based Public Health Initiative. 4 . Patient records have been established on 77 EPSDT cases. 5. 90 patient reminder letters have been sent. 6. 147 patient appointment verifications have been done. 7 . 149 patient related contacts have occurred. In addition to these outcomes, the Health Check (EPSDT) program in Orange County is distinguished by its collaboration with other local programs for information sharing and coordination of services with other providers and programs. For instance, the Carolina Access Program in the Department of Social Services provides updated lists of providers who have agreed to participate in Carolina Access and the coordinators of both programs routinely discuss information about Medicaid recipients and providers. Furthermore, the Health Check Coordinators share information and tracking reports to update patients status. The Immunization Action Plan and Health Check data are linked both at the State and local level. The Office Assistant who does the tracking coordination has actually entered some of the data to complete documentation of the immunization status on Health Check patients. Thus its is clear that the Health Check program has enhanced the coordination of services for children in Orange County. On June 6, 1994, the permanent, time-limited Office Assistant and Social Worker positions were continued through September 30, 1994, using a $10,000 "bridge grant" from DEHNR. The attached memorandum outlines how the Division of Medical Assistance and DEHNR plan to provide reimbursements to health departments for Health Check Coordinator Services. Because Orange County has two coordinator positions, we will receive $5,845 dollars per month to cover the cost of the project. The specific budgeting for the continuation of the project will be based on guidance we are awaiting from DEHNR. However, it appears that the funding will be sufficient to cover the cost on the two positions on an ongoing basis. 3 The attached memorandum signals a change from a pilot project to a permanent agreement between the Division of Medical Assistance and the Department of Environment, Health and Natural Resources. RECOMMENDATION(S) : The Manager recommends that the Commissioners approve the permanent time-limited extension of the Office Assistant and Social Worker Positions through June 30, 1995, contingent upon continued funding from the Division of Medical Assistance; and satisfactory results being achieved by the program. 4 e�swr i . North Carolina Department of Human Resources Division of Medical Assistance P.0.Box 29529 • 1985 Umstead Drive • Raleigh,N.C.27626-0529 • Courier Service 56-20-06 James B. Hunt,Jr.,Governor Barbara D.Matula, Director C. Robin Britt,Sr.,Secretary (919)733-2833 MEMORANDUM TO: Health Directors in Health Check Outreach Project Pilot Counties FROM: Dennis Williams, DMA144.---- Tom Vitaglione, DMCH-1 DATE: August 31, 1994 SUBJECT: Reimbursement for Health Check Coordinator Services We have established a rate and installed a system for reimbursing local health departments for services provided by Health Check Coordinators in the Health Check Outreach Project counties. Health Check is a program in which all Medicaid eligible children are entitled to receive assistance in accessing medical, social, educational, and other services that contribute to their well-being. Under Medicaid regulations, activities undertaken to provide such assistance are considered medical services under targeted case management. In consultation with the Local Health Directors Association, we have established a reimbursement rate for Health Check Coordination services which as closely as possible approximates the cost of providing these services. The cost determination factors include salary, fringe, supervisory time, indirect costs and travel, for a total of $35,073 per LUU .U_uaLVl per year. This total is determined OV follows: Salary $20,693 Fringe (257..) 5,173 Supervisor Overhead (10%) 2,069 Indirect Cost (20%) 4, 138 Travel 3,000 Total Cost Per Position/Year $35,073 The salary is the averaged mid-points of Office Assistant III (Grade 57, $19,859) and Office Assistant IV (Grade 59, $21,527) . 5 Health Check Reimbursement August 31, 1994 Page 2 Since all Medicaid eligibles in a county under the age of 21 receive Health Check Coordination services (except those who receive MCC, CSC, HIV case management and D33 at-risk case management) , reimbursement is capitated based on the number of full-time Health Check Coordinators employed by the month.health department as of the last Friday of the oot� Thos each -' will have a provider specific re m u�omeo�i b , e ac coou�y rate as follows: Number of Health Check Annual Fee Per Coordinators Cost 1 $35,073 $2,922 2 $70, 146 $5,845 Under this reimbursement system, the cost per eligible child will vary month to month as the number of Medicaid eligibles under 21 fluctuates. However the Coordinator-based fee is fixed. Thus, each month the local ^eultb ' health will be reimbursed 1/12tb the total annual cost per Coordinator per agency. DMA will issue payments monthly Health Check Coordinator services ^ provided the previous month. ' the Department of Environment,zoeoe payments will go to the Budget Office of Health and Natural Resources (DEHNR) , and DEHNR will then distribute payments to the local health departments.' ` The first payment will be made to DEHNR on September 7, 1994, for August 1994 Health Check Coordination services. Each health department will be reimbursed for 1 or 2 Health Check Coordinators, based on the current Coordinator count for your county. 000ty ^Tbeoe Coordinators must be fully-dedicated to the Health Check program, "'meaoiug they can not be assigned non-Health Check responsibilities. If you questions about whether an activity is "Health Check related", please Mary Ann Chap or Sandra Ciauo±olo, Each Coordinator position must also o be full-time, as DMA will not make payments for part-time positions. We are in the process of developing additional guidance and documentation requirements for Health Check Coordinator services, so we can be assured the services are scope of Health Check Coordination i ` re being provided in each couoty. We will be conducting site visits in September and early October in county to review these requirements with Health Check staff. In a separate memo, Tom will provide instructions on the budgeting of fees you for Health Check Coordination. Please contact us if ou bave any questions regarding the reimbursement process. • ' • _ _ � ~ cc: Carolyn Sexton Sandra '� ~ / " 7:77 rZk�' ' Mary Ann Chap - Marcia Roth Carol Goldberg DMCH Regional Nursing and Social Work Consultants - --- Allen Gambill Geoff Elting O 0 H 0 ro O 'c O n O O O n O O n 0 7 Dv CD n (D�n m o C H C7 n z O r ro x n n G O E z z �Z ro o 0 0 ti n 0 0000000 i o o firm a fri Cn 0 C 0 0 • z 0 H x r 0 ro 0 D to 0 0 C=J 0 0 0 4-7 0 •• O H H H C9 H !D N Q+zci. n al t� y 0 0 H 0 O H r 0 H H m 0 0 0 H C C z 7:1 0 O H S' 0 H O • 1-1 a.0 0 o old 0 0 0 z ro H z 0�y0 z ro a z 0 co ad ad ( H o H ' E n 0 0 o Q.t.D a °, 0 x 00 0 0 Pt f{ 0 0 0 CA n 5 co x C H z•G z C H CA CA o z h' ••• n o trw a rn ad N'•C o U) N N A,s�. ADOLESCENTS IN NEED 11Il11UI111111 1111. .11 �, CHARLES HOUSE r.■■■.■■■ c ..■1111. ■.■.■.... 1111■ 11I CHILD CARE NETWORKS `M5 ; ti COAL. 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A 0 0 a) IN A 0 0 • (D• •W &) 2 u 2 ,t 1 4) U 14 0 • " 8 4 8 g u) 14 3 ' = k 3 = 0 0 C S 8 2 0 4) W A 0 0) 01 W ualp4Q Q e) 8 8 1 E I 19 H H 0 8 8 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda I t em No. ,%-)k ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: Youth and Family Services Coordination Function DEPARTMENT: Manager' s Office PUBLIC HEARING YES: NO:X ATTACHMENT(S) : Report: Level INFORMATION CONTACT: Manager of Coordination Among Agencies in Orange County - April 1994 TELEPHONE NUMBER- (Under Separate Cover) Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To develop an action plan for the implementation of the Youth and Family Services Coordination Function as identified in the 1994-95 Budget. BACKGROUND: In the 1994-95 budget, the Board of Commissioners approved $30,000 in county non-departmental funds; $20,000 in reserve from Community-Based Alternatives (CBA) ; a redirection of $50,000 for human services reform (one-half of one percent of all County funds that go into local public and private human services agencies) ; and $25,000 in the CIP for automation of outside agencies. This total of $125,000 is to begin our efforts of improving the human services delivery system during 1994- 95. The recommendations toward the enhancement of the service delivery system include the following: ( 1) An Automated Information and Referral System - This system would provide a common database for children and family services and be shared between public and private agencies. (2 ) An Improved Case Management Process that is uniform to the extent that wherever the system is accessed, there is assurance that the clients will be informed of all appropriate services and agencies relevant to their identified needs. (3) Enhanced coordination/networking between public and private agencies. (4) A process developed to identify gaps in service delivery or systemic procedures. (5) A process that provides a periodic structure or forum wherein the respective groups convene to discuss and share goals, accomplishments, and concerns. The County has completed an assessment of the level of coordination among agencies in Orange County (see attachment) . The information in this report summarizes the current coordination efforts among agencies funded by Orange County. 2 A "registry" of nonprofits serving families and children in Orange County was produced by a UNC School of Social Work intern placed at the Chapel Hill Chamber of Commerce during the 1993-94 academic year. This list identifies the agencies which may have a potential impact on the youth and families of Orange County. The action plan for implementation should establish a coordinated and empowered function that will provide the coordination of youth and family services. One of the challenges of this effort will be to define the areas of collaboration and coordination that prevent timely intervention. This effort should empower the coordination and collaboration function to ensure that the best intervention is pursued and commitment is obtained to enhance the services to youth and their families. To facilitate this process, we propose to use the resources of two graduate interns, a Master of Public Administration (MPA) and a Master of Social Work (MSW) , to work cooperatively to develop an action plan. The MPA intern will concentrate on the automation component of the recommendations; while the MSW intern will focus on the networking and enhancement of services between public and private agencies via surveys and focus groups. The MPA intern is to be paid from the Manager' s operating budget; and the salary for the MSW intern will be paid from the $30,000 available in the non-departmental funds. These interns will be staffed in the Manager' s Office and work under the supervision of Sharron Siler, Management Analyst, who is responsible for providing assistance to special populations in the County. RECOMMENDATION{S) : The Manager recommends that the Board receive this report as information. PiF,' 9/. c...)/cl9' • '.:.:::,... — ::.• .: . .. ,. :}1, 11. II:. :::s• S', .Pht .171 "::,i,,. -:::'• ..,,,. ***** ...• ....• '.ii„. ii.::„,:: '''::.. .:1". .••• 4,1 .:::•1 - - . ss "iii:. •:' • •:::., AGENCIES .„ :,:::: .,iii. 11.•..; .: ...:: :.:'.: . LEVEL OF COORDINATION ii . AMONG 4„,...9.EN(FIES IN 4,', dr :. •• ., ::. : ,,„?.: ,i: ..d. I lib: ill: • ill!' RI 111 :. III lir ii '' "•••:.- • • ."I:,I ...'...'.:. „....::;:,.....-• ... 1 !,li COU•g IIII i!1 ....;11::!,.:AK:di lin.,.. . ,,,...„ • : ....: !. .1111 i: —,. a .:•,. - .:.: 1,......; ;; . .,::.:,.Hir"':.:' ""'...41 ....:.i..... Iii MI ii. : ii ii :." - — . :1"" ,".•,,"..,::" iiii ..l'" Os 111 ..... ::: ..... .11 11 Iii • ... 11 . ... , • i ,:i. :i:..::....iii... ' .... .-:'....ill lit ill P ::ii• 1:1 :Ii"'.:.".h. .... — —1.— :::'.:i'..........• .„i,...:...:..il iii :::: st. 'III: ill L: 'H' d'::::.::::,:":,... ••..::::', ,„Ili.. -:ill Iil in 'iv Is: .1 ,s.;;;,...,., •:.s. .. ..........,,::., :::• :::. ::: .: • . ...-j'APRIL.....49.94.., .:::..... ..„. ..:::. ..:,„. ...:::::. ...... ,..,,:.. ..,01:w .......... ., .:::. ::..„.::. ...... .9.. ::::,..R...." ..... -0. :,..„ .::. ,,:. ....... ..:.:„.::.. ::. :,.: ::..:. :.,:. :::• ...:,1„, ..- Prepared by KAREN T. WATSON, MANAGEMENT INTERN ORANGE COUNTY MANAGER'S OFFICE TABLE OF CONTENTS INTRODUCTION iii PURPOSE v Adolescents in Need 1 Charles House 3 Child Care Networks 4 Coalition for Battered Women 5 Consumer Credit Counseling Services (CCCS) 6 Day Care Services Association 7 Dispute Settlement Center 8 Habitat for Humanity 8 Home Health Agency g IFC-Community House 10 Joint Orange-Chatham Community Action (JOCCA) 12 KidSCope 13 Literacy Council 13 Meals on Wheels 14 Orange Community Housing Corporation 14 Orange County Child Support Enforcement 15 Orange County Commission for Women 16 Orange County Cooperative Extension Services 17 Orange County Department on Aging 18 Orange County Department of Social Services 22 Orange County Health Department 26 Orange County Housing and Community Development Department 29 -i- Orange County Public Library 30 Orange County Rape Crisis Center 31 Orange County Recreation and Parks Department 32 Orange Enterprises 34 Orange-Person-Chatham (OPC) Mental Health 35 Planned Parenthood 37 Triangle Hospice 38 Triangle Radio Reading Service (TRRS) 38 Volunteers for Youth 39 Women's Center 39 -ii- INTRODUCTION The human services agencies in Orange County have had a long history of coordination and collaboration. While it has been known to some that this interaction has existed, there has been no formal documentation of the extent to which the public and private non-profit agencies in the county coordinate their services. This report is for the purpose of detailing the collaboration between the county's human services agencies and those private non-profit organizations that receive funding from Orange County. This report is being compiled for the purpose of documenting the extent of the service coordination between agencies in Orange County. The report examines 32 nonprofit and governmental agencies which provide human services. These range from the library to the health department. The report documents the services that they provide, and the services which the agencies coordinate to provide. Orange County, like other areas of government, is faced with the fact that there are many agencies within its area of governance. These agencies provide a variety of services. In some cases there are points of overlap in service provision, or in the clientele being served. This results in the agencies coming together to combine efforts to improve the quality of services, or to expedite the service delivery process. Coordination has become a major part of service provision. For -iii- some agencies it is an integral part of their mission. But what is coordination? As defined for the purpose of this report, coordination refers to two or more agencies working together to meet the needs of the client. This coordination may include, but is not limited to: referrals, joint programs, and working cooperatively with clients. This report is documentation of the coordination efforts in Orange County. Relationships included in this report are highlighted to demonstrate the extent of coordination of each agency. A description of each agency, as well as a summary of its program/services is provided. A chart illustrating they inter-agency relationships is also included as Appendix I. -iv- PURPOSE There have been questions regarding how governmental agencies coordinate efforts to save time, and avoid the duplication of services. These questions have been periodically accompanied by the public perception that agencies appear to coordinate services on a very small scale. After surveying local agencies, it was determined that those in Orange County coordinate extensively to provide services to the residents in this jurisdiction. The idea of documenting the coordination of nonprofit and governmental agencies in Orange County came about as a means of alleviating the concerns of citizens and policy makers. It is also a means of detailing the relationships that currently exist, and there is hope that new relationships will be fostered as a result of this report. The agencies examined in this report are a partial representation of the agencies providing human services in Orange County. All of the county's governmental human services agencies are included, since they are at the core of the human service delivery network. The county agencies represented in the report include: the Departments of Social Services (DSS) , Health, Aging, Child Support Enforcement, Commission for Women, Cooperative Extension, Recreation and Parks, Housing and Community Development and the Library. Also included are nonprofit organizations which receive funding from Orange County. -v- These agencies (listed below) provide a wide range of services to the citizens of Orange County. This report has been developed to serve as a planning tool for human services providers. Adolescents in Need Charles House Childcare Networks Coalition for Battered Women Consumer Credit Counseling Day Care Services Dispute Settlement Center Habitat for Humanity Home Health Agency InterFaith Council - Community House Joint Orange Chatham Community Action - JOCCA KidSCope Literacy Council Meals on Wheels Orange Community Housing Corporation Orange Enterprises Planned Parenthood Radio Reading Service Rape Crisis Center Triangle Hospice Volunteers for Youth Women's Center -vi- Adolescents in Need The Adolescents in Need (AIN) program is provided through the joint efforts of several agencies in the community. The program is designed to help adolescents acquire the skills needed to become socially effective parents, stay in school, and develop positive family and peer relationships. The objectives of the project include the following: . drop out intervention strategies . strengthening interagency partnership in service provision to teenagers . prevention of first or repeat pregnancies among students in the targeted high risk population . employment training skills for teenagers . coordination of efforts to develop needed programs and services for adolescents . one-on-one counseling . working with the schools to identify students in need of psychological assistance Coordination To accomplish the above goals, the AIN staff works in the teen clinics operated by the Orange County Health Department. The clinic serves as a facility where students can walk in for multiple services. The Health Department provides a site for the clinic, nurse, and the lab work, while AIN provides a nurse practitioner and medical worker. The school nurse from the Health Department serves as the nurse provider in the clinic. The Health Department provides teenagers with transportation to -1- the clinic while AIN staff works closely with the nurse assigned to the schools in order to avoid duplication of services. The AIN office is located at Orange High School (OHS) . It is there that the partnership with the schools begins. The AIN staff, comprised of a nurse, social worker, and physician, assist teens with medical problems, teens who are pregnant and/or parenting, teenagers with problems at home, and teenagers who need assistance to improve their decision-making skills. The staff service the middle and high schools in the Orange County School System, and serves on the OHS Team that meets weekly to discuss teen issues and concerns. Coordination of services is conducted regularly with the health educator, drop-out prevention coordinator, and drug and alcohol counselor. Services for the Chapel Hill/Carrboro Schools are provided through the Health Department Clinic in Carrboro. The AIN staff provides training in adolescent development for the Adolescent Parenting Project (APP) . This project, sponsored by DSS, matches teens with an adult volunteer. AIN provides training for the volunteers. The Adolescent Education Scholarship Fund provides $60.00 per month and incentives to care providers who service the children of parenting teenagers. The teenagers sign a contract to attend school, meet with their volunteer mentor, and maintain passing grades. The program is funded through the United Way and private donations. -2- Orange Congregation in Missions (OCIM) Day Care Center provides child care for a maximum of eight parenting teens who have signed contracts. This service is provided to parenting teenagers in an effort to assist those in returning to school. AIN also coordinates with the Job Opportunity and Basic Skills (JOBS) program by serving on the Board of Directors, providing funding, and working with social workers to alleviate any problems to prevent teens from attending school. Charles House Charles House provides day care for elderly and disabled adults in a structured supervised environment. The program provides a flexible, stimulating environment, to help maintain or prolong the independence of the participants, and provides respite to care giving family members. Coordination Charles House maintains a contract with the Department on Aging to utilize the Coordinated Agency Transportation system, and also has a contract with Aging to provide respite care to its clients. Home Health Agency physical therapists, occupational therapists, and social workers visit their clients on an as needed basis at Charles House. DSS certifies and monitors the agency on an on-going basis and contracts with Charles House to serve a maximum of five DSS clients on a daily basis. The agency receives referrals from: private physicians, Home Health, UNC Hospitals, The Right Staff, UNC Geriatric -3- Center, Duke Memory Disorders Clinic, and Duke University Medical Center. Child Care Networks Child Care Networks helps families in Orange, Chatham, and neighboring counties locate quality, affordable child care services for children from birth through thirteen years of age. The agency recruits and supports child care providers to meet the child care needs of families. The agency is a sponsor of the Federal Child Care Food Program for family day care homes. Coordination Communication and coordination of services is a vital part of the agency's resource and referral system. The agency communicates regularly with all legally operating child care providers to furnish information regarding the availability and characteristics of child care homes, centers, in-home providers, and special arrangements. Child Care Networks coordinates with the Chapel Hill/Carrboro Schools to publish an annual listing of summer school age programs. The agency coordinates with DSS, JOCCA, Orange-Chatham Comprehensive Health Services (OCCHS) , Day Care Services Association and others regarding the provision of services to low-income parents and providers of child care. A shared position between Child Care Networks and DSS provides low- income/DSS clients with expanded referral services. The multiple needs referral counselor at Child Care Networks refers clients and coordinates with a multitude of area agencies and -4- institutions. JOCCA places summer youth in staff positions at Child Care Networks. Hearth Foundation is currently collaborating with Child Care Networks on the development of a model family day care home. Agency representatives serve on advisory boards for the JOBS Child Care Sub-Committee, Wake Opportunities Head Start, KidSCope, and Orange County Partnership for Young Children. Communication and coordination with day care centers is facilitated through site visits. Family day care homes have an association that Child Care Networks supports. The agency also makes site visits to day care homes. Volunteers are utilized through the Volunteer Center, RSVP, and UNC to assist in service provision. Coalition for Battered Women The Orange/Durham Coalition for Battered Women provides shelter and support services for families involved in domestic violence, as well as community education to create and promote an awareness of domestic violence. The agency's primary goal is to work with the community to create a coordinated response to end violence in the home. Coordination The Coalition for Battered Women works with other agencies serving women who have been abused. IFC-Community House is the only other facility in the county providing shelter for women. The Coalition refers women to IFC-Community House and receives referrals regarding emergency shelter. -5- Referrals are made to DSS, the Sheriff's Department, Chapel Hill Housing Authority, and Housing and Community Development's Section 8 Program. Agency representatives serve on task forces with members of Rape Crisis, Women's Center, and the Commission for Women to address the issues and needs of women. These agencies co-sponsor workshops and support groups with each other. OPC Mental Health coordinates with the Coalition through the 24-hour Crisis Line. OPC provides staff support for the telephone line. Consumer Credit Counseling Services (CCCS) This program offers financial planning, debt management, and advocacy for residents of Orange County. The agency also participates in housing seminars for first-time home buyers. Coordination CCCS works with Habitat for Humanity and Orange Community Housing Corporation to provide counseling sessions for first time home buyers, and helps to determine the eligibility for mortgages, and recommends monthly mortgage payments. All Habitat for Humanity participants are required to have at least two budget counseling sessions prior to moving into their Habitat home. CCCS provides financial counseling for parenting teenagers through the Adolescent Parenting Project administered by the Department of Social Services. All women housed at the Coalition -6- for Battered Women are referred to CCCS for financial counseling before entering into independent living. Day Care Services Association Day Care Services Association (DCSA) advocates for day care subsidies for low and moderate income families, and promotes accessibility of quality, affordable child care for all families. A Child Care Scholarship Program is provided to help families who need assistance with the cost of child care, while the Community Shelter Program helps families residing in the Community House obtain child care and financial assistance. Coordination Day Care Services closely coordinates services with the Department of Social Services since they are the only two agencies providing funds for child care assistance. Day Care Services works with the schools and Department of Social Services to "create a uniform and continuous system of scholarship/subsidy assistance for families needing help with the cost of child care. " DCSA provides scholarship screening sessions so that eligibility and scholarship amounts are determined consistently and correctly. The agency works closely with DSS staff to ensure that they are not providing services to the same clients. Further coordination is conducted with Child Care Networks and Community House, UNC-CH, both school systems, Chapel Hill Public Library, Orange County Partnership for Young Children and other county and state agencies working with children. -7- Dispute Settlement Center The Dispute Settlement Center (DSC) provides mediation services to citizens as a peaceful way of resolving disputes between individuals and groups. The agency offers training, group facilitation, and conciliation services for adult and youth. Coordination Dispute Settlement works in the schools to provide mediation services to faculty, staff, and students. The agency also works with municipalities and county government in providing workshops and training. Referrals for mediation are also made for clients as well as agency staff. Juvenile and district court, OPC-Mental Health, North State Legal Services, Chapel Hill Department of Housing, Women's Center, the school systems and Orange County departments utilize the services and make or receive referrals from the Dispute Settlement Center. The Center is a United Way agency, and a member of the Association of Community Agencies (ACA) . These memberships, as well as DSC representation on a number of community task forces and committees, provide coordination and networking opportunities. Habitat for Humanity Habitat for Humanity provides decent, affordable housing for low income families living in substandard housing. The agency uses donations and volunteer time to construct homes which are -8- subsequently sold to qualified buyers at no interest and with a low interest mortgage. Coordination Habitat works with Consumer Credit Counseling Services to provide counseling for the buyers of their homes. CCCS also helps in determining eligibility of the buyers and monthly mortgage payments. Buyers are required to attend at least two sessions. Families with income exceeding eligibility for Habitat Housing are referred to Orange Community Housing for assistance. Referrals are also made to Orange County Housing and Community Development (OCHCD) . OCHCD assists in obtaining funding for some Habitat projects. Habitat for Humanity refers clients to (as well as receives referrals from) InterFaith Council, Orange Community Housing, Housing and Community Development, and Consumer Credit Counseling Services. Habitat also provides volunteers to other agencies for construction projects. Home Health Agency Home Health Agency provides home care to indigent patients. This service enables those individuals to live in their homes and communities despite changes in health or functional ability. The agency provides intermittent care, private duty care, and hospice care. Services include: skilled nursing, medical social work, physical therapy, speech language pathology, handyman/ramp specialist, specialty nursing, home health aide, occupational therapy and companion/homemakers. -9- Coordination The agency is able to provide services for its clients through the Community Alternative Program of DSS. Health fairs and other educational programs are provided jointly with the Chapel Hill Senior Center. Referrals are made to and received from the Department on Aging, InterFaith Council, OPC Mental Health, Housing and Community Development, JOCCA, Meals on Wheels, and Triangle Hospice. IFC-Community House The primary mission of InterFaith Council (IFC) is to advocate for comprehensive social services for Community House guests, and to plan, organize, and deliver quality services for the homeless and other low-income individuals in the community. The agency is concerned with serving the immediate needs of the homeless and the working poor, as well as correcting the underlying social conditions that contribute to these issues. Coordination IFC provides programs jointly with Day Care Services Association, JOCCA and others. Day Care Services helps families residing at Community House obtain child care and financial assistance for child care providers. Referrals are made to and received from agencies providing specific services such as subsidized housing, employment, counseling, substance abuse treatment, health care and emergency assistance. -10- Structured day-time activities for residents in areas of substance abuse, employment, training, and educational program are implemented in conjunction with OPC Mental Health and others. Collaboration efforts are currently being pursued with Orange Community Housing Corporation to facilitate the provision of adequate transitional housing for shelter guests. Orange County Partnership for Young Children provides funds for the case management of homeless families. OPC-Mental Health can refer anyone for outpatient or in- patient treatment and has formulated a method for tracking clients. The shelter will a have psychiatric resident beginning in July 1994 to provide on-site services. Social Workers from UNC Hospitals, OPC Mental Health, and IFC meet monthly to review cases and develop strategies for working with clients and addressing their respective needs. Freedom House accepts referrals for people in Detox awaiting 28 day treatment. Case managers from IFC meet with Chapel Hill/Carrboro School system to address the needs of students who reside at the shelter. YMCA currently picks up students from Glenwood school and engages them in two hours of after school activities. This gives the students an opportunity to be away from the shelter after school. OCCHS and UNC Family Practice coordinate services to provide four clinics for on-site primary healthcare. JOCCA, once a week, with JTPA encourages families receiving AFDC to enroll in the JOBS program. Durham Technical Community College -11- provides text books for GED classes, while volunteers provide teaching. Orange Community Housing sponsors a Family Shelter Task Force to study family shelter and report to the County Commissioners. Joint Orange-Chatham Community Action (JOCCA) JOCCA helps low-income individuals, families, and communities improve the quality of everyday life by working to change or eliminate the economic, social, and political institutions or constraints that impair their life chances. To this end, JOCCA provides basic human services in the following areas: Housing - HUD Counseling, New Construction, Rehabilitation, Weatherization, Home Equity Conversion Mortgage (HECM) , and Loan Packaging; Title III-C Aging and Nutrition - Congregate, Recreation, Cultural Activities, and Health Screening Clinics; Jobs Training Partnership Act (JTPA) - job training, development and placement, and Summer Youth Employment Program (SYEP) ; emergency assistance - food, clothing, shelter, utilities; homeless assistance; information and referral; and Waste and Water Technical Assistance. Coordination JOCCA works with the schools to coordinate its Job Training Partnership Program (JTPA) and further coordinates with the Department of Social Services, Department on Aging, Health Department, Cooperative Extension Services, Chapel Hill and Carrboro Parks and Recreation Departments, public schools, -12- community colleges, North State Legal Services, InterFaith Council, Orange Congregations in Mission (OCIM) , and local lending institutions. KidSCope KidSCope is an early intervention program that offers support to children who are experiencing emotional, social, behavioral, and/or developmental difficulties. This support includes working directly with the children, their families, and their child care providers in the child care setting. The program provides consultation, individual services to children, along with counseling and education to families. Coordination KidSCope provides programs with the Health Department, Department of Social Services, Schools, Day Care Services Association, OPC Mental Health, Head Start, and Orange County Preschool Interagency Council, and other related agencies. Literacy Council The Orange County Literacy Council (OCLC) provides free confidential tutors in reading, writing, and spelling to adults who are non-readers or have low literacy skills. The purpose is to increase overall literacy in Orange County. The agency's Modified Family Literacy Program (MFLP) provides tutoring for both parents and children in low literacy families, bringing them together to be partners in the learning process. -13- Coordination JOBS, JTPA, Community House, Orange Enterprise, Orange County Library and Department of Social Services, Employment Security Commission, Cooperative Extension, other libraries, churches, civic groups, hospitals, and prisons refer non-readers to the Literacy Council. Durham Tech receives and gives referral of clients based on the client's level of literacy. Meals on Wheels Meals on Wheels provides meals and personal contact for persons who are homebound due to illness, age or other limiting factors. Services are provided Monday through Friday in Chapel Hill/Carrboro and southern Orange County. Coordination Information and referrals are receive from the Home Health Agency, Department on Aging, Department of Social Services, and other agencies. Orange Community Housing Corporation Orange Community Housing Corporation supports and initiates construction of rental and owner-occupied housing for families with income levels at or below the median. The agency seeks to expand opportunities for persons and families who would not be able to find or afford a suitable place to live due to their income level. Coordination OCHC works with various professionals to provide home buyer education seminars. Consumer Credit Counseling offers counseling -14- for families who are developing a budget for purchasing a house. The agency is currently working with OPC mental Health to provide affordable housing for the mentally ill and works with the Coalition for Battered Women, InterFaith Council and other groups interested in developing low income housing. Orange County Child Support Enforcement Child Support Enforcement (CSE) offers all basic services necessary to establish and collect child support obligations. The four major service areas are: locating absent parents, establishing paternity, establishing child support obligations, and collecting child support payments. Coordination Coordination and referral between CSE and the Department of Social Services' Income Maintenance Division has been established by federal mandate. Every person receiving AFDC or Medicaid is referred to CSE for pursuit of a child support obligation from the non-custodial parent. Referrals are given to and received from Child Protective Services, and there has to be verification of child support payments for people receiving food stamps. CSE provides verification of child support payments to Housing and Community Development for recipients of Section 8. There is also the sharing of information through access to the CSE computer system. Additional referrals are given to and received from: IFC- Community House, OCIM, Sheriff's Department, and Dispute -15- Settlement Center for mediation of custody or visitation problems. Orange County Commission for Women The Commission for Women seeks to improve the status of all Orange County women by advising the County Commissioners, Orange County Departments, private nonprofit agencies and employers regarding the needs and concerns of women. The Commission assists in the implementation of recommendations from the Women's Symposium, sponsors the Business Women's Roundtable, initiates task forces to study and make recommendations regarding the needs of women, provides advocacy through Women's Equality Day and Women's History Month, and provides information and referrals. Coordination Coordination of services is facilitated through task forces which are organized to study unmet needs of women in Orange County. The newly formed Emergency Family Support and Shelter Task Force has representatives from: Orange County Commissioners, Town of Hillsborough, Carrboro Board of Aldermen, Chapel Hill Town Council, Department of Social Services, Inter- Faith Council, OCIM, OPC Mental Health and others. The Violence and Conflict Resolution Task Force includes: KidSCope, Center for Peace Education, representatives from both school boards, Health Department, and DARE. The task forces utilize the services of existing agencies and organizations for studying issues and developing recommendations. -16- Activities for Women's History Month are coordinated with: the Women's Center, Rape Crisis Center, Cooperative Extension, and Orange/Durham Coalition for Battered Women. The Businesswomen's Roundtable is a monthly series co-sponsored by the Economic Development Commission, the Women's Center, UNC Small Business and Technology Development Center, and Durham Technical Community College's Small Business Education Center. This year's Women Equality Day voter registration and information display is being co-sponsored by the League of Women Voters of Chapel Hill-Carrboro. Orange County Cooperative Extension Services The Cooperative Extension Services helps people improve the quality of their lives by providing scientifically-based information and informal educational opportunities focusing on issues and needs. The mission is achieved through four program areas: Agriculture and Natural Resources, Home Economics, 4-H and Youth, and Community and Rural Development. These services provide a broad range of educational programs of interest to farmers, rural and urban residents, community leaders, homemakers, parents, and youth. Cooperative Extension disseminates information through meetings and workshops, demonstrations and field days; conferences, newspapers, newsletters and publications; telephone calls and office visits. The programs are open to all citizens. -17- Coordination Cooperative Extension Services coordinates services and programs with various agencies to accomplish its mission. Workshops on estate planning, financial management, and human development, and programs on food guide pyramid and labelling are coordinated with the Department on Aging and provided at the local senior centers. Staff members serve on the Department on Aging Advisory Board, and Long Term Care Advisory Committee. The 4-H program provides joint programming with the Department of Social Services' Adolescent Parenting Task Force; co-sponsors a fishing rodeo, teen dances, and special interest programs with the Orange County Recreation and Parks Department; and works with the Community Schools program on after-school gardens and after-school 4-H clubs. 4-H has also provided after school resources for day care centers, and worked with Volunteers for Youth in the community restitution program. Orange County Department on Aging The Department on Aging provides information, services, and programs to improve the quality of life for persons age 60 and older. The Department serves as an advocate for the concerns and interests of older people. Coordination is also facilitated with other agencies, organizations, and groups to plan, develop, and extend programs and services to meet the changing or emerging needs of the elderly population. Programs include: Senior Centers, Senior Tarheel Card, Transportation, Volunteer -18- Opportunities, Information and Referral, Case Assistance, and other services. Coordination The Senior Centers Network participates in coordinating activities with the following agencies: Chapel Hill Parks and Recreation Department, Carrboro Recreation and Parks Department, and Orange County Recreation and Parks Department. These agencies provide recreational and leisure activities at the senior centers. Contracts are maintained with instructors to provide specialized instruction. These agencies also co-sponsor the Senior Games, as well as leisure trips and activities. The Chapel Hill Library and Orange County Library provide the senior centers with the equipment required for the movie programs. Orange County Cooperative Extension Services co-sponsor the annual estate planning workshop and offers programs on nutrition, finances, and self-help at the Chapel Hill and Hillsborough Senior Centers. JOCCA sponsors and provides staff support to the Nutrition program at all the senior centers, except the Elliott Road location. They also co-sponsor other county-wide special events for seniors. Orange County Health Department offers health services at the centers including flu shots, blood pressure checks, cholesterol and glucose screening and other informational programs. -19- Durham Tech co-sponsors creative classes, as well as other special events and activities, at three of the senior centers and two community centers. Orange County Department of Social Services offers informational programs and coordinates with the Department on Aging through the Energy Assistance Program, Adult Protective Services (elder abuse) , and provides other services at the senior centers. Volunteers for Youth provides youth to help clean and maintain the Chapel Hill Senior Center. The staff at the center supervise the youth who are completing court mandated community service. Chapel Hill/Carrboro Schools co-sponsor Senior Coordinated Curriculum through the Adult Education Program. The school system also offers space for classes at Phillips Middle School and Chapel Hill High School. Additional Programs and Services are coordinated with the following: UNC School of Nursing - informational programs and blood pressure checks at the centers; UNC School of Medicine - monthly health lectures at the Chapel Senior Center; UNC School of Public Health - interns assisting seniors with various projects; UNC Speech and Hearing Department - monthly hearing screening and educational presentations, UNC School of Pharmacy - co-sponsors the Brown Bag Medicine Program, North State Legal Services - contracts to provide legal services for low income senior citizens; and UNC Hospitals co-sponsor two support groups. -20- Other agencies include: NCCU, Chapel Hill Camera Club, Duke Institute for Learning and Retirement, Shared Learning and the United Nations Association, American Cancer Society, AARP, Self Help for Hard of Hearing Group, NC Division of Services for the Blind, and Chapel Hill Arts and Music in Progress. The Senior Tarheel Card provides ID/discount cards for persons age 60 and over. Cards are issued at all senior centers and are honored by merchants and services statewide. The Coordinating Area Transportation (CAT) program has nine participating agencies and provides services to numerous agencies and groups including JOCCA, Orange Enterprises, Department of Social Services, OPC Mental Health, Health Department, Orange County Recreation and Parks, Cooperative Extension Services, Charles House Day Care, and other agencies. The Retired Senior Volunteer Program (RSVP) currently has volunteers stationed at 77 agencies. RSVP sponsors the Volunteer Income Tax Assistance (VITA) program. The Family Literacy Program efforts have been transferred to other agencies. Department Care Managers work closely with the Department of Social Services, and community organizations such as Meals on Wheels and Charles House Adult Day Care. They also work with UNC Hospitals Discharge Planners, and eight home care services agencies in Orange County. Staff refer to many other agencies and services including long term care facilities and providers. The Information and Referral Specialist (a full time staff person) maintains a database for referrals (now numbering more -21- than 250 entries) of agencies, organizations, groups, and services. The I & R Specialist also provides information and assistance to other agencies and institutions ranging from the UNC-CH Benefits Office, to members of the media, and various businesses. The Department on Aging has initiated an Agency Network on Aging to foster coordination and cooperation among all types of groups dealing with aging persons. More than 20 different organizations have participated during the first year of the group's existence. Orange County Department of Social Services The Department of Social Services has a legal mandate to provide, without prejudice, specific services to the citizens of Orange County. Federal and state statutes provide the legal base for the majority of programs. These programs are designated to provide families and individuals with the support to maintain or improve their living conditions in order to sustain their own homes and communities in a safe environment. Two basic services programs provide the means through which the department accomplishes its mission. The Social Work Services and Public Assistance Services are comprised of several programs and services. Social Work Service Programs include: Adolescent Parenting, Adoption, Day Care Services for Children, Foster Care for Adults, Foster Care for Children, Health Support, Individual and Family Adjustment, In-Home Chore, Long Term Care Screening, Protective -22- Services for Adults, Protective Services for Children, Services for the Blind, and Employment and Training. Other Services: Christmas Program for low income children, Summer Camp Project, Work Permits for Adolescents, Transportation Assistance for Medicaid Recipients, Guardianship Services for Legally Incompetent Adults, and Protective Payee Services to manage finances for children and adults unable to manage their own funds. Public Assistance Programs include: Aid to Families with Dependent Children (AFDC) , Food Stamps, Medicaid, Special Assistance to Adults (subsidy for the cost of rest homes/family care homes for low-income aged and disabled) , Low Income Energy, and Emergency Assistance. Coordination The Department of Social Services (DSS) coordinates services with the majority of the human services providers in Orange County. The following are examples of the department's major coordination relationships. The Income Maintenance Division assists residents in meeting their basic needs, i.e. food, shelter, and clothing. The Emergency Assistance program coordinates services with the utility companies serving the residents of Orange County. The division also coordinates daily with IFC and OCIM to meet the emergency needs of Orange County residents. All AFDC cases are referred to Child Support Enforcement for pursuit of child support payments from the non-custodial parent. -23- Referrals are also made to Orange Enterprise where clients attend programs, and to Housing and Community Development where AFDC recipients may be eligible for Section 8. Social Work Services works with a large number of agencies through its programs and services, and provides and receives referrals from most of the agencies in the county. Day Care Services for Children coordinates with Day Care Services Agency, Child Care Networks, and child care centers to provide day care services to young children and their families. A department representative attends the meetings of child care directors in the county and coordinates with other agencies serving young children such as the Child Care Task Force, Orange County Partnership for Young Children, KidSCope and Head Start. The Adolescent Parenting Project (APP) provides services to prevent teenage pregnancy and to assist teen mothers and their families with problems associated with adolescent parenthood. The program coordinates services with Adolescents in Need, Planned Parenthood, Health Department and both school systems. Protective Services for Children establishes protective services for juveniles alleged to be abused, neglected, or dependent. Rape Crisis coordinates a group for abused children with the department. Cooperative Extension Services provides services for meal planning, shopping, and budgeting. Foster care services are coordinated with OPC Mental Health, while additional coordination is implemented with UNC Hospitals Department of Pediatrics, private physicians, psychologists, psychiatrists, law -24- enforcement, and the District Attorney. The Community Child Protection team is comprised of professionals and citizens who coordinate the protective services system in Orange County and provide recommendations for improvement, and report annually to the county commissioners. Job Opportunity and Basic Skills (JOBS) coordinates services with Durham Tech, Literacy Council, and schools. These agencies provide services for the portion of the population seeking to improve their literacy skills. The JOBS Advisory Board addresses the needs and tries to eliminate the duplication of services. In-Home Services provide assistance to the elderly to help them maintain their own home. Services are coordinated with the Department on Aging, Home Health Agency, Clerk of Courts Office ( for guardianships) , and Meals on Wheels for meal provision. The Camp Scholarship Program is provided with 4-H, both school systems, The Durham Herald and the Orange County Recreation and Parks Department. Scholarships to summer camps in the community are provided to children from low income families. Other Relationships: DSS coordinates the placement of children in Sheaffer House with Lutheran Family Services participates on the admissions and treatment committee at Sheaffer House. Two-thirds of the residents are referrals from DSS, and the department participates in the hiring of the Director for Sheaffer House. The department also has a representative on the Board for residence selection. -25- The Christmas Program and Thanksgiving Basket Program are coordinated with civic clubs and various organizations in the county. Referrals are made to the agencies above as well as Volunteers for Youth, Triangle Hospice, and others. Services are also coordinated with the Departments of Social Services in neighboring counties - Alamance, Chatham, Durham, and Wake. Orange County Health Department The Orange County Health Department provides a variety of health related services to the residents of the county. These include: Personal Health, Dental Health, Environmental Health, Management Services and Vital Records, and Animal Control. For this report coordination between the Personal Health Services Division and other agencies is examined. Personal Health is comprised of a variety of public health programs including the Maternal and Child Health Programs, Adult Health and Health Promotion Programs, Epidemiology Program, Health Education Program, the Family Planning Program, and several grant funded projects. Below are a few coordination relationships that exist between the Health Department's Personal Health Division and other agencies. Coordination The Health Department has agreements with both the Chapel Hill/Carrboro and Orange County school systems for the provision of health services. All three employ school nurses who have -26- specific responsibilities for the operation of the school health program. Adult Health provides services in the home, community, and clinic to promote and improve the general health and reduce disability and premature death due to heart disease, cancer, stroke, diabetes and other chronic health problems of persons in Orange County aged 18 and over. Services are coordinated with Home Health Agency, InterFaith Council, JOCCA, Department on Aging, Cooperative Extension, Library, Social Services, OPC Mental Health, and Triangle Hospice. AIDS Counseling and Testing serves individuals throughout the county and provides education for community groups. This unit provides information and referrals to the Coalition for Battered Women, InterFaith Council, DSS, OPC Mental Health, Planned Parenthood, Rape Crisis, Women's Center, UNC Hospitals, and both school systems. Classes are provided at the shelter. Epidemiology provides services related to the prevention of communicable diseases. A joint program with the Department on Aging provides vaccines for senior citizens. The Health Department collaborates with Cooperative Extension and other community organizations in a coalition to promote preschool immunizations. Immunization record reviews are completed for the school systems by the Health Department's school health staff. Information and referrals are conducted with the above agencies and Child Care Networks, Day Care Services, and OPC Mental Health. -27- Family Planning Services are provided for women of child bearing age. Joint programs are planned and implemented with both school systems, and information and referrals are made with the Coalition for Battered Women, Adolescents in Need, Day Care Services, Recreation and Parks, DSS, OPC Mental Health, Planned Parenthood, Rape Crisis, Sheaffer House, Women's Center and schools. Health Promotion provides education and screening services to work sites within the county. Work site wellness programs are coordinated with Department on Aging, Library, Recreation and Parks, Department of Social Services, and the Personnel Department. Child and Adolescent Services provide preventive services and some primary care to children 0 - 21 years old. Joint programs exist with Cooperative Extension, DSS, and the schools while clients are shared with these agencies as well as KidSCope, OPC Mental Health, and UNC Hospitals. Child Services Coordination provides home-based and community services to children age 0 - 5. Services in these programs are coordinated with OPC Mental Health, DSS, UNC Hospitals, the Developmental Evaluation Center, OCCHS, private providers, day care centers, both school systems and other local agencies serving children in this age group. The Adolescent Clinic provides joint programs with the schools and Adolescent in Need. Adolescents in Need shares clients with the Health Department and also shares staff in the -28- operation of the adolescent clinics. Clients are also shared with DSS, OPC Mental Health, Sheaffer House and the schools. The Maternal Clinic provides services to pregnant and postpartum women. Physical exams, counseling and referral, nutrition and child birth education, WIC services and social assistance are available. Client services are coordinated with DSS, UNC Hospitals, OPC Mental Health, both school systems, OCIM, InterFaith Council, the Coalition for Battered Women, and other community agencies serving this client population. Maternity Care Coordination and Maternal Outreach are provided to qualified prenatal clients. Services are coordinated with the above agencies. In this program, Health Department staff provides services to clients at UNC Hospitals and OCCHS. The purpose of this program is to ensure that the non-medical needs of the woman and her family are met. The Kellogg Project a community based health initiative provides joint programs with JOCCA, UNC School of Public Health, OCCHS, Efland development Association, and Perry Hills Homeowners Association. Clients are shared with these agencies and Recreation and Parks Department. Orange County Housing and Community Development Department The Orange County Housing and Community Development Department administers the N.C. Small Cities Community Development Block Grant (CDBG) Program. This program is designed to improve the housing conditions of low and moderate income citizens in the county. The county administers programs in two -29- categories: Community Revitalization, and Housing Development. The department also administers the United States Department of Housing and Urban Development (HUD) Section 8 Housing Assistance Payments Program. Coordination The Department coordinates with Habitat for Humanity, Orange Community Housing Corporation and Hillsborough Affordable Housing Corporation by applying for funds to assist with the construction or reconstruction of homes for low and moderate income families. The Department also makes referrals and sometimes coordinates services with JOCCA and the Farmers Home Administration. The Department further coordinates with the Department of Social Services (DSS) . Many AFDC clients and adult services clients are eligible or receive Section 8 subsidies. The Section 8 program is an alternative to public housing and pays the landlords directly. Referrals are given to and received from Orange Congregations in Missions (OCIM) , Chapel Hill Housing Authority, InterFaith Council, Department on Aging, DSS, OPC Mental, OCHC, Habitat for Humanity, and the Hillsborough Affordable Housing Corporation. Orange County Public Library The Orange County Library preserves records of human experience and knowledge, makes current information and ideas available to patrons, and provides access to these materials for -30- present and future generations. The Library provides resources to all users through Children's, Adult, and Young Adult Programs. Coordination Library Programs are coordinated with Cooperative Extension, Recreation and Parks, Department of Social Services, day care centers, Orange County Schools, Hillsborough Arts Council, Friends of the Library, the Orange County Arts Commission, and local businesses. The Library provides programs jointly with these agencies and shares in the cost of program materials, refreshments, and advertising. The Library is a center of information for the general public and makes referrals to other agencies in the community. Orange County Rape Crisis Center Orange County Rape Crisis Center (OCRCC) provides direct services to primary and secondary victims of sexual violence, and community education on the incidence and prevention of sexual violence. The Center's programs include: 24 hour crisis line, community education, pediatric clinic volunteers, a resource library, information, support and advocacy for victims. Coordination OCRCC works closely with law enforcement agencies, the hospitals, judicial system, UNC response plan, and the Department of Social Services as clients report incidents of sexual violence. Educational services are provided for the clients, staff and volunteers of other human services agencies such as Volunteers for Youth and Orange Enterprises. -31- Community events are co-sponsored as needed with agencies such as the Commission for Women, Women's Center, and Coalition for Battered Women. Program on violence against women and a support group for child sexual abuse/incest 'survivors are co- sponsored with the Women's Center. Staff of OCRCC are active in the Association of Community Agencies and United Way network meetings. Orange County Recreation and Parks Department The Recreation and Parks Department promotes healthy lifestyles by providing accessible, wholesome and constructive leisure opportunities to the citizens of Orange County. The department offers leisure services through programs and parks. Instructional programs provided by the department include the arts, lifetime sports, nature oriented activities, health education classes, general leisure programs and other skill training and development classes. The department schedules sports leagues for children and adults, county wide special events, clubs, and trips for children, adults, senior citizens and those with special needs. Service areas are: special events, general programs, athletics, special populations, senior citizens, facility reservations, and information/referral. Coordination In cooperation with Orange County Schools the Recreation and Parks Department is able to provide services at the school facilities during non-school hours. The Orange High School track -32- and tennis courts are available for public use when school is not in session. Swim programs are coordinated with the Health Department and American Red Cross. Emergency Management, Carrboro Recreation and Parks, and Chapel Hill Parks and Recreation help to provide services for the larger events such as the egg hunts, Senior Games, and year round fitness program. Other special services such as the Canine Frisbee Championship, Fishing Rodeo, and Hog Day are coordinated with the Health Department, Cooperative Extension Services and various civic, private clubs, and private companies. These agencies provide funding, staff, supplies for these activities. The Health Department, Sheriff's Department, and Cooperative Extension Services provide staff for program presentations at Summer Day Camps. Aging provides vehicles for summer camp drivers transport children to activity sites; Social Services provides staff for evaluation of campership process and screening of applicants for camperships; the Library provides use of multimedia equipment for camp programs; American Red Cross, Dispute Settlement Center, NC Botanical Gardens, Rape Crisis and other outside agencies provide staff for presentations and demonstrations. Youth athletics are coordinated with the OC Board of Education, Carrboro Recreation and Parks, and Hillsborough Youth Athletic Association. Facility preparation for these activities is coordinated with the Public Works Department. -33- Services for Special Populations are coordinated with Cooperative Extension, Library, UNC and Orange Enterprises. Senior Citizens Program is coordinated with the Department on Aging with which senior trips are co-sponsored. The Library sends its Bookmobile to Efland-Cheeks for Senior Programs. JOCCA, Durham Tech, Home Health Agency, and Mebane Parks and recreation provide staff, presentations, and use of facilities for programs. Information and referrals come from and are given to Cooperative Extension, Social Services, Health Department, Library, and Department on Aging as well as many other agencies. Orange Enterprises Orange Enterprises (OE) is concerned with maximizing the vocational potential of the citizens of Orange County who have disabilities. Programs include: job placement, job training, long term support, work adjustment, vocational evaluation, vocational counseling, supported employment, transition from school to work, and sheltered employment. Coordination OE coordinates services with OPC Mental Health by referring clients to case management and supported living. The agency also provides employment services to individuals who are developmentally disabled. Coordination with Vocational Rehabilitation is facilitated by providing employment services to individuals in all disability groups. The agency has a contract for transportation with the Department on Aging. Training is -34- provided for the ARC staff and assistance is given for their summer internship program. OE provides employment and transition services to students. Students may attend classes at OE instead of school, or OE goes into the schools to provide employment and job seeking skills. Vocational evaluation, coaching, and job placement skills are also provided to students. The agency also coordinates with: TEACCH, and residential Services, Inc. Orange-Person-Chatham (OPC) Mental Health OPC Mental Health is a local governmental unit providing mental health, developmental disabilities, and substance abuse services to children and adults in Orange, Person, and Chatham Counties. Coordination OPC works closely with the Department of Social Services and the Orange County and Chapel Hill-Carrboro School Systems in coordination of services to children, who are often referred from DSS and the Schools for services in OPC's Therapeutic Foster Care Program, the CAT (Child Assessment and Treatment) clinic, and the Adolescent Day Treatment Program. Further coordination with the schools is anticipated with Communities in Schools (CIS) and SMART start programs. A substance abuse education and prevention specialist has been placed in the Chapel Hill schools in a joint project wherein OPC funds the position and the Schools provide logistical support. Carolina Alternatives, and OPC managed care mental health program, works closely with DSS to ensure that -35- medicaid eligible children receive needed services. Some of these same children benefit from the summer camp program designed by OPC and DSS for children with special needs. Services to adults are also coordinated with DSS, particularly in cases of adults whose difficulties require appointment of a public guardian. OPC is currently working with the Department of Aging, Social Services, and Health to establish a guardianship screening and implementation committee to advise the Clerk of Court in the appropriate management of persons in need of guardianship. A collaborative effort exists between OPC and the Health Department for preventive services to the mentally ill and substance abusing population, who are at high risk for AIDS and other infectious disease. OPC's outreach services extend to the IFC Homeless Shelter, which refers the many homeless people suffering from mental illness and substance abuse problems. Collaboration with the Orange County Mental Health Association recently led to the award of HUD funds for the development of local housing for persons with mental illness. Examples of contracted services in Orange County include Freedom House, a substance abuse detoxification and treatment halfway house for women; Residential Services Inc. , a residential housing program for adults with developmental disabilities; the UNC Horizons Program, a substance abuse screening and treatment program for pregnant women; and a 24-hour Crisis Service, a program at UNC for person needing immediate assessment and treatment for mental health emergencies. -36- Helpline, a 24-hour telephone crisis service administered by OPC, also acts as the crisis lines for the Coalition for Battered Women, the Orange County Rape Crisis Center, and Dial-a-Teen. Helpline, which is staffed by volunteers, provides information and referral to callers needing the services of these agencies. Planned Parenthood Planned Parenthood believes in the fundamental right of each individual to control his or her sexuality and reproductive life, regardless of the individual's income, marital status, age, national origin, or residence. Programs provided by the agency are: Patient Services, Community Education, and Public Affairs. Coordination Clinical Services are coordinated with the Health Department, and Orange Chatham Comprehensive Health Services. Pregnancy counseling services are coordinated with the Health Department, Social Services, and local abortion providers. This program works with Rape Crisis, Coalition for Battered Women, and Mental Health. Referrals are given to and received from private physicians, as well as the above agencies. The schools refer students for counseling and clinical services. Education programs are coordinated with other agencies providing education in sexuality issues, or working with youth. These include the Health Department, Cooperative Extension, Boy Scouts, Social Services, schools, day cares, and others. -37- Public affairs are coordinated with other women's and pro- choice groups including area affiliates, NC Equity, NARAL, NOW, and religious groups. Triangle Hospice Triangle Hospice provides medical care, symptom relief, psychosocial support and spiritual care, enabling patients with a limited life expectancy to be cared for at home. Hospice care is specialized care for the dying with expertise in pal control and other symptom management. Unique to hospice care is support to family members during the dying process and during the bereavement period. Triangle Hospice coordinates services with local hospitals, nursing home, churches, physicians community service agencies and other community organizations as needed. This is done by frequent telephone contact between staffs of both agencies/institutions. There are no apparent significant gaps in service to patients or families. Triangle Radio Reading Service (TRRS) Triangle Radio Reading Service helps the blind, elderly, visually impaired, and print handicapped residents of the Triangle and surrounding counties, overcome the sense of isolation and lack of information they suffer due to their inability to read. Volunteers read a variety of newspapers, books, and magazines from a local studio. Broadcasts can be heard 20 hours a day, 7 days a week over special radio receivers provided by TRRS to its listeners. -38- Coordination TRRS coordinates with various agencies providing services for the blind and physically handicapped. TRRS refers clients to NC Division of Services to the Blind and the NC Library for the Blind and Physically Handicapped as well as other, and receives referrals from those agencies and the Council on Aging-Resources for Seniors. Volunteers for Youth Volunteers for Youth seeks to build one-to-one relationships between adult volunteers and Orange County youth at-risk and to provide community service opportunities and job skills training for delinquent youth ages 12-16. Coordination Referrals are received from juvenile court counselors school counselors, Department of Social Services, Sheaffer House, and OPC Mental Health. Members of the staff meet with the Association of Community Agencies and other committees and task forces dedicated to addressing youth needs. Volunteers for Youth also works with Cooperative Extension, ArtsCenter, Sheaffer House, Dispute Settlement Center, Chapel Hill Housing and Community Development, Orange County Recreation and Parks, Health Department, YMCA, and the Women's Center. Women's Center The Women's Center aims to assist women in their efforts to address the social and economic obstacles they face as they reach -39- toward realizing their potential. To obtain this goal, the agency provides counseling services (personal, consumer credit, career/vocational, educational) ; a legal information telephone service; a shared housing board; displaced homemaker single parent program; resource notebooks (on jobs, attorneys, therapists, lesbian resources and health) ; a self-esteem program for at-risk pre-adolescent girls; and 150 workshops and support groups throughout the year. Coordination Services at the Women's Center are coordinated with: Orange/Durham Coalition for Battered Women, Orange County Rape Crisis Center, Orange County Commission for Women, Orange County Department for Economic Development, Volunteers for Youth, InterFaith Council for Orange County Department of Social Services and Aging, NC Equity, NC Chapter - National Coalition for the Prevention of Child Abuse, OCCHS, NC Department of Labor and the NC Council for Women. They receive referrals from scores of human service agencies throughout the area. -40- 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. X-43 ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20 , 1994 SUBJECT: REPORT FROM VIOLENCE REDUCTION AND CONFLICT RESOLUTION TASK FORCE DEPARTMENT: PUBLIC HEARING: Yes x No Commission for Women ATTACHMENT(S) : INFORMATION CONTACT: - Violence Reduction and Lucy Lewis ext . 2251 Conflict Resolution Task Force Community Report TELEPHONE NUMBER: (under separate cover) Hillsborough - 732-8181 Chapel Hill - 968-4501 Durham - 688-7331 Mebane - 227-2031 PURPOSE: To receive a report from the Orange County Violence Reduction and Conflict Resolution Task Force. BACKGROUND: In November, 1989, the Orange County Commission for Women held a "Symposium to Address the Needs of Orange County Women" in order to identify and prioritize unmet needs of women in Orange County, and to recommend action to address those needs . Prevention and treatment of family violence was identified as one of the top five unmet needs. Symposium participants thought that one of the most effective ways to prevent family violence would be to teach young people skills for resolving conflict. This would provide a foundation for non-violent resolution of problems as young people developed relationships and families of their own. One of the symposium recommendations, addressed to the Chapel Hill/Carrboro City School Board and the Orange County School Board, was "Include conflict resolutions skills as part of the curriculum from kindergarten through Grade 12 . " The Orange County Violence Reduction and Conflict Resolution Task Force was initiated by the Commission for Women in the summer of 1991 as a way to address the concerns raised in the Symposium about preventing family violence, and concern about the promotion of violence prevention among young people in general . The primary effort of the Task Force was conducting a needs assessment by surveying administrators, teachers and staff at all Orange County public schools, private schools, day care centers, Head Start programs, and key youth services agencies. The purpose of the study was to assess the frequency and seriousness of different issues of conflict and violence as these are perceived by 2 teachers , administrators, and staff . The survey also identified existing programs and services regarding violence reduction and conflict resolution, identified related unmet needs among administrators, staff , and teachers , and developed recommendations . It is important to note that the report findings are based on the perceptions of the 552 teachers, administrators , and staff who participated in the survey, rather than reported statistics. The most striking conclusions of the survey are the similarities in the perceptions of teachers and staff at all age levels regarding the frequency and seriousness of conflict issues . The survey shows that, concerning issues of conflict, teachers are confronted with similar problems at all age levels . Some of the key recommendations include the following: 1 . Institute a comprehensive, coordinated, and systematic approach to violence prevention and conflict resolution beginning at the earliest levels and continuing throughout primary and secondary education levels . 2 . Ensure collaboration and coordination among schools and agencies to provide continuation of services across the age spectrum. 3 . Include more training on the components of building a community, i .e. learning to live cooperatively with others, beginning at the early childhood level . 4 . Institute comprehensive training of all teachers and staff in conflict management skills beginning at the early childhood level . Each of these components should be provided beginning at an early age, so a child (and their family) can learn and practice these skills . The Task Force realized that a number of the schools in the county already offer some forms of training and assistance regarding conflict and violence issues . It is the members ' hope that the data and analysis provided by this study, coupled with information about potential resources , will assist the school systems, and other youth institutions participating in the survey, to more systematically incorporate programs and services to address violence reduction and conflict resolution. RECOMMENDATION(S) : The Manager recommends that the Board receive the report as information. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No , ,. ACTION AGENDA ITEM ABSTRACT Meeting Date: September 20, 1994 SUBJECT: 1994-95 Commissioners' Goals DEPARTMENT: County Manager PUBLIC HEARING YES NO x ATTACEMEENT(S) : INFORMATION CONTACT Commissioner Willhoit' s Suggested County Manager, ext 2300 Goal Additions TELEPHONE NUMBER Selected Goal Updates Hillsborough 732-8181 (under separate cover) Chapel Hill 968-4501 Mebane 227-2031 Durham 688-7331 PURPOSE: To continue discussion, as needed, of 1994-95 Board goals, and to consider formal adoption of those goals. BACKGROUND: In mid-August, the Manager and staff prepared updates of 1993-94 Board goals, and sent them to the Board for review as the 1994-95 goals. The Board held a work session on September 8 and discussed a number of changes to the goals, including several suggested additions from Commissioner Willhoit. The first two possible additions, concerning a volunteer satisfaction survey and the County's computer future, could be researched by staff and brought back as reports to the Board for deliberation and/or action at future Commissioners' meetings. The attached update on the Efland i! Sewer goal addresses the points listed under Commissioner Willhoit' s third addition. The fourth addition is included as the last step in Objective 2 under the revised Equitable School Funding goal. The attached updates (included under separate cover) are intended to be used as replacement pages for the set of goals distributed to the Board in August. They reflect staff' s understanding of the Board' s intent based upon discussion at the September 8 work session. Goals with substantive changes are Economic Development District; Rural Character Study; Hillsborough Cooperative Planning; Expansion of Efland Sewer System; and Equitable School Funding. At the Board' s request, the action plan headings for Transportation Planning and Water Resource Quantity and Quality have been changed to provide clarification. RECOMMENDATION: Depending on time constraints, the Board may wish to adopt the goals following additional discussion, or postpone formal adoption pending further review and discussion. 2 SUGGESTED ADDITIONS TO 1994-95 GOALS 1. VOLUNTEER SATISFACTION SURVEY Conduct a survey of former volunteers(members of OC boards,committees,task forms, etc.)to determine level of satisfaction and suggestions for improvements. For example, was their service adequately recognized, should they have had more(or less)involvement by the BOC, if not satisfied what would they suggest to improve the • experience, etc. 2. COUNTY GOVERNMENT COMPUTER FUTURE Is OC going to have an on-ramp to the Information Hwy? Why haven't County offices moved to a pc network- based Windows operating environment? I would suggest a short-lived committee of citizen"experts"to consider the alternatives if there is not a consensus that we should move to the Windows environment 3. EFLAND SEWER • Proceed with engineering work to identify parcels that may reasonable be served by the County's sewer line, to include original petition signees. • Request Economic Development Commission to prepare an economic development plan for the Buckhom Interchange area based on the assumption that sewer service to the area will be provided. • Prepare a financing strategy/options for funding the expansion of the Efland sewer system, including consideration of establishing a sanitary tax district. 4. SCHOOL BOARD WORK SESSIONS Schedule a series of work sessions with the school boards to bring about a common understanding on key issues and to continue long-range planning efforts. These discussions may help to alleviate the crisis atmosphere that frequently surrounds the annual budget work sessions. Key issues that I would like to be considered for work sessions include: • The technology programs for each system, including means of providing technical support for maintenance and development. • Teacher salary schedules, turnover rates,and prospects for a common pay plan for both systems. • Emerging educational programming theories and implications for space and staff. • Identification of future school sites(50 yr plan?), plan for acquisition, and interim use for recreation and parks. Don Willhoit OC_G&O/0994 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA •Gla'Wj9€/ 4 MEMORANDUM 1762 TO: Orange County Board of Commissioners FROM: John Link, County Manager DATE: September 15, 1994 RE: Periodic Updates on Significant Topics I have several updates for you as summarized below and in the enclosed attachments: 1. State DPI Comments on CHCCS Elementary School Design As requested, I am passing along information (Attachment 1) pertaining to the State Department of Public Instruction' s review of the plans for the new elementary school. I understand from CHCCS staff that the DPI architect' s comments are "advisory" only, and formal approval of the design plans by DPI is not a requirement. 2. New Health and Dental Insurance Rates The memo from Elaine Holmes at Attachment 2 outlines the planned health and dental insurance rates for employees effective January 1, 1995. 3. Campaign Financing Rules Concerning Municipal Finance Professionals Director Robert High of the Local Government Commission has requested dissemination of the memo at Attachment 3 to all North Carolina local government elected officials. The major point is that under new rules approved by the Securities and Exchange Commission, municipal finance professionals (e.g. municipal bond underwriters) are prohibited from making campaign contributions to local government elected officials or candidates with whom they might do business. Acceptance of such contributions can preclude a local government from doing business with contributing individuals or their institutions for a period of two years. AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Ext. 2300 HUG—2n-' J4 I I1J b y:eti JA); I ri r L. • : %...).,•1 6+fo rnt iTf— ,e4iir'1' , �'` ' CARoL1NORTH it �., �' - INSTRUCTION DEPARTMENT OF PUBLIC INS . 301 orth Wilmington Street,Education Building BOB ETHERIDGI3 . . _ Raleigh,PIC 27160i-2825 SON August 9, 1994 Pearce Brinkley Cease & Lee 4700 Homewood Court Suite 105 Raleigh, NC 27619 • SUBJECT: Chapel Hill-Carrboro Ci Schools McDougle Elementary Sc ool New School DSP No.•681-4093 Gentlemen: • School Planning last saw this plan as a proposed elementary school location on the middle school site. Since the design h progressed to the design development stage without a schematic submittal, a det ed review of the concept will probably not be as productive. There are some cone rns that should be on the record. 1. Having all of the regular classrooms on single loaded corridors results in more corridors and longer travel distance. Exterior wall area is also increased resulting in higher construction cost and energy use. 2. Both the car and bus drop-off are too far from the building entries. Control of students goi g to and from these areas will be difficult. Covered walks must be rovided. 3. The shape of the buildi g has eliminated the PE playfield, which is a required•element of the lementary school program and,necessary for plan approval. 4. The corridor at the mul i-purpose room is too narrow. Most of the students will be crlss-c ssing through this area in the morning and afternoon. (The multi-p rpose room doors cannot swing more than 7" Into the path of travel in the corridor.) 5. The principal's office Is too far from the classroom areas (a private toilet for the principal i a luxury item)• . .,,,k�� ...1-11_11.1- •FR-, C17•C7 ✓• I ••• i +.� • McDougle Elementary August 9, 1994 Page 2 6. The health room must e closer to the reception area for constant supervision. (The heal h room toilet door must swing out.) 7. Adjust the location of the group toilet entries to improve privacy sight lines from the corridor.' 8. Do a table layout for the.cafeteria. It looks like circulation will take up too much space with the!serving and scullery diagonally opposite from the entry. 9. Why is the ramp behind he stage so wide? (Do not swing the door out into the corridor.) 10. Why arc there glass bl k windows in the two multi-purpose storage_ rooms? If the spaces ha ye windows, there will be a possibility that they will be used for other purposes in which operable windows would be appropriate. 11. Pits should not be use in the classrooms. They are a safety hazard and reduce the flexibili y of the room. If fixed seating is desired, use a removable carpeted p atform. 12. Why so many sinks in th pre-school room? The office will have to have a view window and glas in the door to provide a maximum view of the room. It may be desira a to shift the office to the corridor wall so that it can be entered from outside the classroom for observation purposes. 13. Avoid sharp angles in storage and small special rooms. They will be difficult to use and cie. . 14. 8'-8" classrooms ceilln:s are not approvable. 10'-0" is the height standard for this size c assroom. Since there is a light monitor in the ceiling, any height be een 9'-4" and 10'-0" is approvable. 15. A simple roof edge wou d be preferable to the parapets. 16. The canopy at each of e classrooms will be full of bird nests. 17. Vent all spaces above t e insulation. 18. How do the ducts from t e mechanical mezzanine and the classroom light monitor co-exist? Se vicing the equipment will be disruptive to classroom instruction. 74 I nU d7.- 11+. i e.. f+u. �i:r rew McDougle Elementary August 9, 1994 Page 3 • Thank you for sending the plans in he review. Sin ly, r � ^ver ott, AYA (9190 715-1077 Consulting Architect School Planning its pc: Dr. Neil Pederson, Supt. Mr. Chester F. Preyar, Asst.I Supt. Mr. Bill Mullin, Maint. Dir. Mr. Dave Tinker, Health & S ety Coor. The Roberts Stacy Group ni Orange County Personnel Department 208 S. Cameron Street Tel: 919-732-8181 Post Office Box 8181 September 15, 1994 919-968-4501 Hillsborough, NC 27278 919-688-7331 919-227-2031 Fax: 919-644-3009 MEMORANDUM TO: Orange County Board of Commissioners John Link, County Manager FROM: Elaine Holmes, Personnel Director SUBJECT: 1995 Orange County Health and Dental Insurance Rates Attached are the planned health and dental insurance rates effective January 1, 1995. The health insurance rates reflect an approximate 13.6 percent increase in Blue Cross and Blue Shield (BC/BS) rates and a three percent increase in Healthsource (formerly Carolina Physicians' Health Plan) rates. The 1994-95 budget included funds for an approximate 15 percent increase in health insurance cost beginning January 1, 1995. The County costs shown on the attachment are within the budget. The County health insurance subsidy amounts for individual and dependent coverage shown on the attachment are calculated in the same way as in past years. In summary, both the County and the employee cost for the BC/BS plan are increased by approximately 13.6 percent. The same dollar amount of subsidy for dependent coverage has been applied to the Healthsource plan as that provided for BC/BS. Employees will see the rate increases in paychecks issued on December 2, 1994 for coverage effective January 1, 1995. The annual open enrollment period is scheduled for the week of October 17 . The dental insurance rates are the current rates and no increase is recommended for 1995. If you have any question or would like additional information, please give me a call (extension 2552) . An Equal Opportunity/Affirmative Action Employer ■ ATTACHMENT N er 010Ndr O '•IMN 001mr 0 .0 01 U 00M00 0 -IOM 00Nd' +� 01 a) • • • • • • • • • • • • 11 i 0NNM 0 NNU'1 000d' -1 r-i 1010 4 d' C' O r-I '•1 U N Cl) '� �, 0 W 0 N •'1 a) 1 as 0NLC) 0 010MN 001ci� 0 0 000N 0 ' d� OD 00Ncf� 0 U 'C • • • • • • • • . . • • 'C 4.) --4 'C 0 .crd' 0 0U, N0 00 U, v a) a U r-1 000 0 In 01 r-1 r-I 'C a) a 0 r-I U) - r-1 0 * * k O 0 Id O 001I- 0D 001100 0 NNNN a 9'1 MWMH 00001 '1 •'4 d' d' d' er O ›. 3 • . • • • • . • E+ • • • • a) -61 U tOM00 Nn'10U1 a) /0 /01010 • 1.4 0 Z 01Nd' 0- 00Nd' N k in a 0 r•1 'i ri r•1 '•I r•1 P4 Ol O 0■ a) U a) ri U U O >1 0 Id 00 O ' 0- 00 Od' N00 U NNNN '-I 61 O) OOr-1 000 +-I 61 d' drarcP M O 'C • . • • • • • • 0 • . • • U) •'1 'C '' 01 d' d' 01 a . 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BOYLES State and Local Government Finance Division — ROBERT M. HIGH TREASURER and the Local Government Commission DEPUTY TREASURER ...- July 8, • MEMORANDUM TO: Locally Elected Officials FROM: Robert M. High f1l, - - _: :._`= SUBJECT: Rule G-37 The Municipal Securities Rule Making Board ( "MSRB" ) with the approval of the Securities and Exchange Commission ( "SEC" ) has adopted Rule G-37 which became effective April 25, 1994 setting out campaign financing rules which, if not followed, could have a significant adverse impact upon the issuance and the cost of borrowing by all agencies of government, both state and local. Rule G-37 is directed toward municipal underwriters, banks (generally, the officers designated by the bank's board of directors as responsible for the day-to-day conduct of the bank' s municipal securities dealer activities and any member of the separately identifiable department or division of the bank dealer) and other municipal finance professionals and .dealers. The Rule prohibits these institutions and persons from engaging in any securities business with any government within two years after a campaign contribution is made to a candidate or office holder of such government who directly or indirectly could influence the award of municipal bond business . Rule G-37 is detailed and complex as to the meaning of a dealer, a municipal finance professional, an associated person, an official of an issuer whose office is responsible for or can influence the outcome of the hiring of a dealer for municipal securities business and other definitional terms and terms of application and jurisdiction. In fact, on May 24 , the MSRB asked the SEC to approve several amendments to Rule G-37 covering such matters as protecting firms that make good faith efforts to comply with the Rule from being penalized for isolated violations by employees , making clear that the Rule does not cover the public sale of bonds by competitive sale as opposed to negotiated sale and also making clear that contributions to an incumbent or candidate for governor are covered by the Rule, assuming the governor has authority to appoint boards that determine bond issuance. The amendments proposed by the MSRB were approved by the SEC on June 3 . 825 North Salisbury Street. Raleigh, North Carolina 27603-1388 (919) 733-8064 (FAX 783-9586) An Eau&Onnartvnity J A flirts,niirw A',tinn F'rnninuer Metnrandum #8Q 1 Page 2 Should prohibited contributions be made -by an underwriting or banking institution, the institution would not be able to do business with the affected governmental unit for two years after the contribution was made. The contribution prohibition does -not apply to contributions to issuers or officials made by public finance professionals who are entitled to vote for such officials , provided such contributions, in total, are not in excess of $250 by each such municipal finance professional to each official of such issuer, per election. The effect of a prohibited contribution could be to reduce significantly the number of underwriters or banks available in the market place to participate in the offering of the unit' s municipal securities which could affect the unit' s ability -to have a wide choice of municipal finance professionals . In many instances this could lead to an increased cost of financing. As with most new rules , the complete interpretation and full impact of the new approach is yet to be determined. Specific concerns will not be determined until the MSRB confronts actual or apparent violations . Consequently, only the most cautious approach can responsibly be taken by a candidate or office holder to an offer of a contribution from a municipal finance professional who might be subject to the jurisdiction of Rule G- 37 . Each office holder or candidate should be aware of the potential risks to the holder' s or candidate' s governmental unit if campaign contributions are accepted from municipal finance professionals . Should you have questions about Rule G-37 , or if we may be of assistance in facilitating an understanding of the rule, please do not hesitate to call me at 919/733-3064 .