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HomeMy WebLinkAboutAgenda - 04-20-1982 BOARD OF COMMISSIONERs REGULAR MEETING 7: 30 P .M. , APRIL 20 , 1982 SUPERIOR COURTROOM, ORAtIGE COUNTY COURTHOUSE HILLSBOROUGH, NORTH CAROLINA A. COMMENTS FROM. THE BOARD B. COMMENTS FROM THE AUDIENCE 1. Matters on _the printed agenda; • 2. Matters not on the printed agenda C. MINUTES---------FEBRUARY 1, 1982, APRIL 1, 1982 D. PUBLIC HEARING--TO RECEIVE THE ORANGE COUNTY PLANNING BOARD' S RECOMMENDATION ON THE BUCK MOUNTAIN DEVELOPMENT COMPANY'S REQUEST FOR: 1. Amendment to the Land Use Plan; 2 . Rezoning to PD-OI for the Airpark; 3. Class A Special Use Permit for the Airpark; 4. Class A Special Use Permit for the Airport; E. ITEMS FOR DECISION BY THE BOARD 1. Alternatives within the zoning Ordinance for the Murphy School area. 2. Participatory Paving Project--Oak Hill. 3. Reactivation of the Water Resources Task Force. 4 . Development of Farmland criteria--Letter of support. 5. Prodlamation—May 8-14 Senior Center Week. 6 . Proclamation Older Ameridans Month in. Orange County. 7 . Architect' s contract for the Northside Cafeteria Renovation. 8 . 1983 .Preservation funding. 9 . Housing Rehabilitation Contract awards. INDEX APRIL 20, 1982 SUBJECT ACTION PAGE Ms. Barbour None 1 Minutes 2/1/82 Approved as submitted 1 4/1/82 I' It I, 1 Public Hearing to rec. recomm. of Pl . Bd. on Midway Airpark--recOm.: denial 2 Airport--" ,, 2 Amend. LUP Recom. denial 2 Board Action Airpark Rezone/Sp. Use ::: 3 Amend. to LUP H 2-3 Airport ii 4 Oak Hill-PPP Petition approved 4 Water Resources T. F. Reactivated w/charge 4 Farmland Criteria Letter to Cong./Senators 4-5 Proclamations Senior Center Week (5/8 - 14) Adopted 5 May Older Am. Month Northside Cafe. Cont. Approved (J. Webb) I, 1983 Preservation Fund. Staff to ck. feasibility 5 Housing Rehab contacts. Morrow Approved 5 • McDuffie (3 contracts) Griffin it n Damascus Fire Dist. Adopted Reso. for Referendum 5 CH-Carr. Schools Shortfall discussed--Ch. to 6 write letter Jordan Lake Reservoir County to set meeting for dis . of unified request 6-7 Exe. session-legal Convened 7 County to seek joint meeting w/Town of Hillsborough 7 5/3/82 at 3:30 P.M. Clean Up Campaign at Cedar Grove Ruritan Club. 7 --------""mmimal■Illinallillinin INDEX APRIL 26, 1982 TOPIC P AGE ----- Addition of Chesidy Cir. to State 2ndary Rd. System Approved 1 State and Non-State Maintained ACTI°14 Roads Public Bearing May 18, 1982 set 1 Resolution supporting Clean Water Bonds Adopted 1 Local Ordinance to prohibt Spotlighting deer Attorney to check & 2 contact local legislators if necessary ')`� MINUTES APRIL 20, 1982 The Orange County Board of Commissioners met in regular session on Tuesday, April 20, 1982, at 7:30 P.M. in the Commissioners' Room, Orange County Courthouse, Hillsborough, North Carolina. Commissioners present: Chairman Richard E. Whitted, and Commissioners Norm Gustaveson, Shirley E. Marshall, Norman Walker and Don Willhoit. A. BOARD COMMENTS Chairman Whitted deleted agenda item E.1 (consideration of alternatives for the Murphy School area) at the request of Mr. Art Vann and added consider- ation of Damascus Church Fire District as Item E.10. Commissioner WiIlhoit added an item on the "so-called shortfall for the Chapel Hill-Carrburo School District and an item on a request to the State for allocation from the Jordan Reservoir, B. AUDIENCE COMMENTS There were no members of the audience who desired to speak to matters on the printed agenda; however, Ms. Josephine Barbour addressed three items not on the printed agenda: 1) a request that work sessions on the budget be advertised; 2) that a bulletin board be erected outside the Courthuuseth post the agenda; and, 3) that the budget figures for individual categories be advertised for categories other than general fund. C. MINUTES Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve the Minutes of February 1, 1982, as submitted. Vote: Ayes, 5; noes, O. Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve the Minutes of April 1, 1982, as submitted. Vote: Ayes, 5; noes, O. (Commissioner Willhoit later corrected the spelling of a name.) D. PUBLIC HEARING Chairman Whitted announced that this was the continuation of the Public Hearing of March 8, 1982, and March 22, 1982° to receive the Planning Board's recommendation on the requests from Buck Mountain Development Company to: 1) Amend the Land Use Plan; 2) Rezone to PD-0l for the Airpark; 3) Class A Special Use Permit for the Airpark; and, 4) Class A Special Use Permit for the Airport. 00920 Pat Crawford, Chair of the Orange County Planning Board, presented that Board's recommendation on the Class A Special Use Permit Requests for the Airport and Airpark to the Board of Commissioners. Ms. Crawford said the recommendation of the Planning Board with regard to the Class A Spedial Use Permit request for the Airpark is denial because it followed from that Board's recommendation of denial for the rezoning fo'PD-01 for the Airpark and was based on the following reasons: 1. The type of development and intensity of development are inappro- priate in this location. 2. Access to the side should not pass across the end of the proposed runway. There should be more than one access point for the whole development. 3. There is no buffer from the intense development on this site and adjacent agricultural residential land. . 4. A development of this size if approved will encourage other 'opin- off" development requests. The intensity proposed is of an urban character but without any urban services' Ms, Crawford continued with the Planning Board's recommendation for denial for the Class A Special Use Permit for the Airport based on the follow- ing reasons: 1. The physical relationship of this property to ground transportation facilities. 2. The relationship of this particular property to the remainder of the County makes it an unacceptable site. Ms. CraWford read the motion from the rough draft of the Planning Board Minutes of that Board's meeting of April 6, 1982, which says that Article 8'8'2.c of the Zoning Ordinance was not satisfied with regard to the general standards in that Article as spelled out in reasons (1) and (2) for denial above. She asked that the Board of Commissioners make that finding part of any decision on the Class A Special Use Permit for the Airport which it may make. Ms. - Crawford, for "clarity and completenesm," presented the Planning Board's recom- mendation for denial of the requested change to the Land Use Plan by 8uCk Mountain DevelopmentCompany, (Those reasons for,denial , as indeed, all Planning Department attachments, are attached to these Minutes on pages of this book.) Ms. Crawford submitted the rough draft of the Planning Board Minutes of April 6, 1982, as part of the record of this Public Hearing (those minutes are attached on pages of this book). With no questions for Ms. Crawford from Board of Commissioners members, Chairman Whitted declared the Public Hearing adjourned. Commissioner Willhoit moved approval of the Planning Board's recommendation to deny amendment of the Land Use Plan from Agricultural-Residential to Commercial- Q04�1 - - - - � Transition Activity Node as requested by Buck Mountain Development Company for property north of Highway 54 near the intersection of SR 1958; Commissioner Marshall seconded the motion. Prior to the vote, Commissioner Marshall made a brief statement regarding amendments to the Land Use Plan, specifying what conditions or changes would indicate that the Land Use Plan should be amended. She feels that the Land Use Plan is "a comprehensivp consensus agreement between residents" of an area and the governing body. Vote: Ayes, 5; noes, O. The Board of Commissioners took a short break and resumed deliberations with all Members present. Commissioner Marshall moved, seconded by Commissioner Gustaveson, to approve the Planning Board's recommendation of denial for the Buck Mountain Develupment'Cuwpany's request for rezoning from Agricultural-Residential to Planned Development-Office-Institutional. Vote: Ayes, 6 noes, 0. Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to t approve the Planning Board's recommendation to deny the request by Buck M nun a f n Development Company for a Class A Special Use Permit for the Airpark. Vote: Ayes, 5; noes, O. The Board discussed at length the Class A Special Use Permit request from Buck Mountain Development Company for the Airport. There were questions from the Board as to whether or not the proposed airport met the FAA require- ments for a general aviation airport or the requirements set forth for such airports under the Orange County Zoning Ordinance. Mr. Fred Hazard, of Buck Mountain Development Company, told the Board his company would meet all FAA standards for a general aviation airport and that he has a letter from Mr. Bruce Matthews stating that the proposed airport does meet those FAA standards. The County Attorney told the Board it could not consider any evidence not pre- sented at the public hearing. The Board noted its continued concern regarding the financial stability of the airport without the airpark. Planning Staff said the airport, as presented at the Public Hearing on March 8, 1982, does not meet the FAA standards for a public facility airport. Chairman Whitted said the plan, as submitted at the Public Hearing on March 8, 1982, does not meet the stand- ards of the Zoning Ordinance; Mr' Polatty, Planning Director, agreed. 00922 Commissioner Marshall moved, seconded by Commissioner Gustaveson, to deny ths Class A Special Use Permit request for the Midway Airport by Buck Mountain Development Company because financial viability of the airport with- , out the airpark has not been established and that under Article 8.2.2.a of the Orange County Zoning Ordinance the project will not promote the health, safety and general welfare of the public but that the Board would look favorably upon a modified proposal which addresses these issues along with the FAA requirements for a general aviation airport. Commissioner Willhoit asked if Commissioner Marshall would amend her motion to include Article 8'8,8. Z' a'h.c' and f.of the Zoning Ordinance has not been met by a preponderance of evidence as presented at the Public Hearing. Both Commissioner Marshall and Commissioner Gustaveson accepted the amendment to the original motion to deny. Vote: Ayes, 4 (Commissioners Gustaveson, Marshall , Whitted and Willhoit); noes, 1 (Commissioner Walker). The Board took a short break and resumed deliberations with all members present. E.2. PPP-OAK HILL Commissioner Walker moved, seconded by Commissioner Marshall , the approval of the Oak Hill Road petition requesting paving under the Partici- patory Paving Program. Vote: Ayes, 5; noes, 0' Commissioner Walker moved, seconded by Commissioner Marshall, to set the public hearing for the Assessment Resolution for the Oak Hill Road Participatory Paving Project for May 18, 1982. Vote: Ayes, 5; noes, 0' E.3. WATER RESOURCES TASK FORCE REACTIVATION Commissioner Gustaveson moved, seconded by Commissioner Marshall , to reactivate the Water Resources Task Force. Discussion clarified the charge given to the Task Force as: 1) defining types of development per- mitted in the watersheds in unzoned townships; 2) possible divertion of runoff water north of 1-85 to the Eno River below the proposed Seven Mile Dam; and, 3) types of industry permitted in the Seven Mile Creek watershed. Vote: Ayes, 5; noes, O. E'4' FARMLAND CRITERIA DEVELOPMENT Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to send a copy of Nev Hanover County Commissioner Karen Gottovi's letter to our State Senators and Representatives with a letter from the Board indicating support of Commissioner Gottovi's letter. (A copy of that letter is on page of this book.) A copy of the Agricultural Task Force Report is to be included. Vote: Ayes, 5; noes, O' ['6' SENIOR CENTER WEEK PROCLAMATION Commissioner Walker moved, seconded by Commissioner Marshall, to proclaim May 8-14 Senior Center Week in Orange County (a copy of that Pru- • clamation is on page of this book). Vote: Ayes, 5; noes, O. E'6. MAY OLDER AMERICANS MONTH Commissioner Walker moved, seconded by Commissioner Gustaveson, to proclaim the month of May Older Americans Month in Orange County (a copy of that Proclamation is on page of this book). Vote: Ayes, 5; noes, O. E. 7. NORTHSIDE CAFETERIA CONTRACT Commissioner Gustaveson moved, seconded by Commissioner Marshall, to approve the contract with James Webb, AIA, for architectural services on the renovation of the Northside Cafeteria Building and to authorize the Chair to sign, Vote: Ayes, 5; noes, O. E.R. 1983 PRESERVATION FUNDING Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to ask Staff to check into the possibility of obtaining 1983 Preservation Funding from the State for the preservation of the Old Courthouse, noting it is the . . site of the first State Capitol . Vote: Ayes, 5; noes, O. E. 9. HOUSING REHAB CONTRACTS Commissioner Walker moved, seconded by Commissioner Gustaveson, to award Community Development Housing Rehabilitation contracts to: Morrow Construction--Unit # 99 for $2,215'00 McDuffie Construction-Unit # 68 for $5`366'00 Frank Griffin--Unit # 81 for $5,936.00 McDuffie Construction--Unit # 142 for $8,860,00 McDuffie Construction--Unit # 79 for $8,085,00 Vote: Ayes, 5; noes, O. E.10. DAMASCUS FIRE DISTRICT Commissioner Willhoit moved, seconded by Commissioner Marshall , to adopt the Resolution calling for a referendum on the proposed Damascus Fire District and setting a date for the referendum (see pages of this book). Vote: Ayes, 5; noes, O. _~��. 00924 Commissioner Willhoit moved, seconded by Commissioner Walker, to appointment three interim trustees for the proposed Damascus Fire District in order that work might proceed on a proposed budget pending the outcome of the referendum; the trustees proposed are: Marvin Poythress, Wade Davis, and Pascal Trohanis. Vote: Ayes, 5; noes,O. E.11. CHAPEL HILL-CARRBORO SCHOOLS' SHORTFALL Commissioner Willhoit moved, seconded by Commissioner Walker, that this Board write a letter to the Chapel Hill-Carrboro Superintendent of Schools and to the Chair of the Chapel Hill-Carrbnro Board of Education which explains the County's understanding of the situation with regard to the shortfall. Commissioner Willhoit enumerated his understanding of the shortfall: 1--a 6% error was made in estimating the re-evaluated tax base of the Chapel Hill-Carrboro School District; 2--the error was discovered by the new County Manager; 3--the School Administration had not discovered the shortfall in — revenue, therefore, its ability to meet budget obligations was not impaired; 4--the revenue shortfall should not have to be made up from the school contigency fund since there was sufficient underspending in various object codes and there were additional revenues; 5--the school budget does not have to be cut since the shortfall is an appropriate use of the unappropriated fund balance; 6--the unappropriated fund balance was estimated at $350,000 prior to this Fiscal Year while latest estimates indicate an unappro- priated fund balance of $600,000; 7--the revenue shortfall is projected to be about $72,000 which should be partially offset by about $66,000 budgeted for salary increases effective October 1, 1981, whichwere not implemented until January 1, 1982; 8--the unappropriated fund balance, contrary to statements indicating otherwise, is very close to a month's payroll for the schools based on 43% coming monthly from local sources and about 46% monthly from the State direct to the chools; 9--the schools had estimated $100,000 investment income and if so, based on a return of about 15% it means their invested funds amount to about two thirds of a million dollars; 10--and according to an article in the Chapel Hill Newspaper on March 2, 1982, there was a windfall of about $122,000 in unexpected revenues for that school district ($60,000 above the $100,000 expected on the interest on the fund balance; $I0,000 in payments in lieu of taxes; $45^000 in indirect cost recovery from the Federal Government; and, income on rental of property $7,200). Commissioner Willhoit said, pending validation of the figures cited, this revenue shortfall will not cause the School Board to default on obligations and teachers and programs will not have to be cut. Vote: Ayes, 5; noes, O. E. 11. JORDAN RESERVOIR ALLOCATION Commissioner Willhoit said the deadline for making allocation requests from the Jordan Reservoir is June 29, 1982, and he suggested that staff con- tact water providers/users in the County to ascertain the feasibility of the �h4^5 � / �� � u } Countyxubmhtting a unified request for allocation. Commissioner Willhoit noted that it was in the best interests of everyone to provide water for the entire County. There was consensus of the Board and Staff was instructed to set up meeting for early May with water providers/users to discuss pre- senting a unified allocation request from Orange County for Jordan Reservoir. E. 9. EXECUTIVE SESSION Commissioner Marshall moved to convene in executive session to discuss legal matters; Commissioner Whitted seconded the motion. Vote: Ayes, 5; noes, O. The Board reconvened in open session following the executive session; Commissioner Whitted said the executive session had been to discuss the lawsuit brought by the Town of Hillsborough against the County over the Old Courthouse. Commissioner Willhoit moved, seconded by Commissioner Gustaveson, to ask the Chair of the Board of Commissioners to contact the Mayor and Board of Commissioners of Hillsborough to request a meeting to seek a resolution of the differences and such a meeting could be 3:30 P.M. on May 3rd. Vote:Ayes, 5; noes, O. Commissioner Whitted announced there would be a clean up campaign beginning at the Cedar Grove Ruritan Club on Saturday, April 24th, between 9:00-9:30 A.M. There being no further business, th- Board adjourn by `nsensus' Paulette Pridgen-Pond, Clerk 009%6 °RI-J.1/4CE COUNTY ,1 • • - BOARD OF COMISSIONERS i.,• u o Act ion Ag=nda Item M Cf ION AGE.i.,MA ITEM .ABSTRACT o D-1 _ t1/41EErS-C; DATE 4/20/82 Subject: A requested change in the Land Use Plan for the property of Buck Mountain Development Corn any property near Highway 54 and SR 1956. Deparbment: PLANNING Public li.=-Aring- y - yes • Attachment(s): Rough draft of rinutes Information Contact: Jim Folatty of Planning Board's April 6, 1982 meeting. phope Natber: 732-8181 Ext. 342 _______ PURPOSE: To receive the Planning Board's recommendation on the proposed change to the Land Use Plan for Buck Mountain Development Company's property north of Highway 54 near the intersection of SR 1958 from Agricultural-Residential to Cormunity-Commarcial Transition Activity Node. NEED: This item was discussed at the March 5, 1982 Public Hearing, the necessary attachments are with that agenda. The following is a summary of the Plan- ning Board's deliberations on this request: 1. Concern about "patchwork" amendments to the Land Use Plan, amendments should be considered separate from rezoning requests. 2. This request is contary to the goals and policies set forth in the Land Use Flan for Bingham Township. 3, A development of this size and intensity would have adverse impacts on Bingham Township. 4, The close proximity of this development to Cane Creek Watershed and prime agricultural land, and the pressures that will be exerted for other commercial development. 5. The request would allow development of an intensity which is inapnronriate at this particular location. IMPACT: Approval of the requested change in the Land Use Plan would allow the rezoning of this property to Planned Development-Office Institutional. Denial of this change would not allow the rezoning, 1=T:1:DATION: The Planning Board recommended that the Land Use Plan not be amended as requested. Motion passed with 7 in favor andgone opposed. The Planning Staff recommended that the Land Use Plan not be amended to designate this area as a Commercial Transition Activity Node. /sw U0927 ORE COUNTY BOARD 0? COMISSIONE:-RS Action. kuenda D-2 Item Vo. ACTION AGEE,TDA rIr1 ABSTRACT r-E_KrUt7; DATE 4/20/82 Subject: Rezoning request by Buck Mountain Development Company for a change in zoning district from Agricultural Residential to Planned Development - Office - Institutional, DepartMent: _Planning Public Hearing: x yes no Information Contact: Attachment(s):Rough draft of April 6, In aim Polatty 1982 Planning Board Minutes Phone Ntrnber: 732-8181 - Ext. 342 PURPOSE: To receive the Planning Board b recommendation on the request of Buck Mountain Development Company for rezoning to Planned Development - Office Institutional (PD-0I), by reopening the Public Hearing specifically for this purpose. NEED: This item was discussed at the March 8, 1982 Public Hearing, the attachments are With that agenda. The following is a brief summary of the points brought out at the Planning Board meeting on April 6, 1982: 1. Concern about the ability of the volunteer fire department to provide adequate protection even with additional equipment and improvements suggested. 2. The pressure of additional commercial development that would follow and the adverse impacts it would have on Highway 54 and Bingham Township. 3. Concern that the location of the property at the edge of the watershed of Cane Creek and the effects of future developments on water quality. A. The proposal is contrary to the stated goals and policies of the Land Use Plan. 5, The intensity of development allowed under this request should have urban services available;;it will be many years before those services will exist in this area. 6. The amount of traffic that would be generated by a development of this size on Highway 54. IMPACT: This property is located in the Agricultural - Residential Land Use Plan category. A rural neighborhood node (BH-1) is located less than 1/4 mile from the site. The proposed rezoning does not conform to the intent of either the general land category or the intent of the existing node. The intensity of development that would be allowed under the requested rezoning is inappropriate for this location within the County. Denial of this request means the request for a Special Use Permit must also be denied. RECOHMENDATION: The Planning Board recommended that the rezoning request be denied. Themotion passed with one opposed. The Planning Staff recommended denial of the request for the following reasons: 1. The type of development and intensity of development are inappropriate in this location. 2. Access to the side should not pass across the end of the proposed runway. There should be more than one access point for the whole development. 3. There is no buffer from the intense development on this site and adjacent agricultural residential land. 4. A development of this size if approved will encourage other "spinoff" development requests. The intensity proposed is of an urban character but without any urban services. U0928 oax.\zE COUNTY BO.A.RD O Ca2.1ISSIONS Action Agenda u Item No-D-3 AcrioN i:ca,a; ITEM ABSTRACT MEET:MS DATE 4/20/82 Request for a Class A Special Use Permit for Planned Development under section 6,8,23 of the Zoning Ordinance a planning [ public Hearing: X yes / AtteChment(s) :Pough draft of the 4/6/82 Information Contact: Jim Polatty Planning Board minutes Phone "archer: 732-8181 - Ext. 342 PURPOSE: To receive the Planning Board,srecommendation on the request of Buck Mountain Development Company for a Class A Special Use Permit for a Planned Development,by reopening the Public Hearing specifically for this purpose. NEED: This item was discussed at the March 8, 1982 Public Hearing, the attachments are with that agenda. IMPACT: The request for the Special Use Permit must be denied if the request for the rezoning to PD-OT is denied. RECOMMENDATIOU: The Planning Board recommended denial of the request for v. Class A Special Use Permit. The motiDn passed by unanimous vote. The Planning Staff recommended denial of the Special Us4e Permit. 00929 4, ORA:s. E comm. BOARD OF ca.24issios- Action _,:u=nda • Item No.D-4 ACTICU i,GENDA ITaij\BSTRACT DATE 11/20/82 Subject: Class A Special Use Permit request by Buck Tlountain Development Company for a General Aviation Airport under Section 8.8.5 of the Zoning Ordinance. • Depe-.--;..2Tent: PLANNING 1 Public EMaring: X yes no Attachment(s) Rough draft minutes of Information. Contact: Jim Polatty April 6, 1962 Planning Board Meeting. Phone Mrrber: 732-8181 Ext. 342 PURPOSE: To receive the Planning Board's recommendation on the request of Buck Mountain Development Company for a Class A Special Use Permit for a • General Aviation Airport, by reopening the Public Hearing specifically for this purpose. NEED: This item was discussed at the i'arch 8, 1932 Public Hearing, the attachments are with that agenda. The following is a brief suuntary of the points brought out at the Planning Board's meeting on April 6, 1982. 1. The plan as presented does not meet Federal Aviation Administration design standards. 2. The proposed site does not offer good access to a major portion of the County. 3. There was no letter from the rescue services submitted with the application. DIPACT: This property is located in an area designated as Agricultural-Residential by the Land Use Plan. The zoning is A-R; general aviation airports are allowed uses, provided a Special Use Permit is granted. The development will be required to meet all standards set forth in the Zoning Ordinance and any other imposed conditions attached to the Special Use Permit if it is approved. FECOMENDATION: The Planning Board recommended the denial of the Special Use Permit request for the following reasons: 1. The physical relationship of this property to ground transportation facilities. 2. The relationship of this particular property to the remainder of the County makes it an unacceptable site. The vote was 5 in favor, two opposed and one abstention. The Planning Staff recomended approval with the irposed conditions as listed after the findings of fact, in the Oarch 8 agenda. /sw 030 ' ROUGH DRAFT PLANNING BOARD MINUTES April 6, 1982 MEMBERS PRESENT: Pat Crawford, (chair}, Steve Kizer, Sally Boericke, David Shanklin, Logan Irvin, John Wilson, Alice Gordon, Hazel Lunsford, Tom Bacon GUESTS: Fred Hazard, Lee Mehler, Jim Ray, Elenor Irvin STAFF: Rick Cannity, Jim Polatty, 'Fred Luce, Norma Walker AGENDA ITEM 0 3: Proposed amendment to the Land Use Plan for Buck Mountain Development Corporation. Polatty restated the staff's recommendation and said the staff would limit its presentation to answering any questions. MOTION: Kizer moved for approval and recommendations of planning staff to not recommend the changes in Land Use Plan as requested. Wilson seconded. Kizer gave two reasons for his motion are: 1) Matters of policy concerning patchwork amendment to Land Use Plan as opposed to a County wide process; 2) All studies in the Land Use Plan are in direct opposition with this. Wilson stated that the people heard at the Public Rearing do not want the changes. No testimony on changes in Land Use Plan was heard They said that we're simply not answering the question. Irvin feld that we've spent a lot of time developing the Land Use Plan The proposed change for Bingham township will have an adverse impact on township and county. It encourages commercial. High density development in an area that has been designated for argriculture and residential. It will have a serious impact on Cane Creek Watershed. VOTE: Seven in favor with Shanklin opposed and one abstention. 4 - U0901 ri •T AGENDA ITEM 0 4: Request by Buck Mountain Development for a Class A Special Use Permit and rezoning for a Planned Development Office Institutional MOTION: Kizer moves for denial of the rezoning to Planned Development. Office—Institutional request as recommended by Planning Staff, Irvin seconded. Kizer gave five reasons for denial, 1) Concern abouth the ability of the voluntary fire department to provide adequate protection even with additional equipment and improvements requested_ 2) The pressure of additional commerical development that would follow and the adverse impacts it would have on Highway 54 and Bingham Township_ 3) Concern that the location of the property at the edge of the watershed of Cane Creek and the effects of future developments on water quality 4) The proposal is contrary to the stated goals and policies of the Land Use Plan. 5) The intensity of development allowed under this request should have urban services available it will be many years before those services will exist in this area. Irvin added a reason for his seconding the motion, The amount of traffic that would be generated by a development of this size on Highway 54, Mohler stated that DOT has said no improvements are necessary. He did not understand the statement on watershed problems since the project is not in the watershed. Fire protection could be supplied with made by developers as requested. 2 0 0 8:z ' Kizer asked Mehler to read last sentence of recommendation by the Orange Grove Volunteer Fire Department which recommends the proposed be turned down, Kizer felt that the two land highway in the seven year plan by DOT, would probadly be overloaded on the highway. Mehler stated the North West corner property drains into Cane Creek south of the dam. The Planning Staff Soil and Erosion Officer confirmed this VOTE: Motion carried with seven in favor and Shanklin opposed. MOTION: Boericke moved to deny the Special Use Permit for PD-OT. Irvin seconded, VOTE: Motion carried with a unamious vote. AGENDA ITEM #5: Request by Buck Mountain Development Corporation Class A Special Use Permit for a General Aviation Airport. Polatty stated that staff recommends the Special Use Permit to be granted. Kizer asked what staff's reasons were. Polatty replied reasons for approval is that they have satisfied all requirements in the ordinance, Kizer felt it was within the power of the County Commissioners to decide that this particular airport is not really in a central location, The location of the airport would be better in the middle of the county for transportatiop reasons, 3 0,9-35 I."3(5 Irvin asked if specifications of the design of the runway and distance from surrounding buildings were in conflict? Mr. Fielder stated willingness to adjust dimesions. The issue is not resolved of clear zones ends of runway according to FAA standards. Mr Hazard stated he has easements to control that distance 1,000 feet South, But not North. He said the proposal as stated does not meet FAA requirements with respect to clear zones off runway. Irvin felt this would be a strong reason for denial of the request. Hazard stated the FAA has approved the airport. Luce read letter from Mr. Howard Robinson, Chief of North Carolina Section and Department of Transportation of Federal Aviation Administration, This letter was presented as evidence in the public hearing. The only requirements for a private airport are notice of construction be filed with FAA and air space authorization. Hazard stated he had letter of approval and has given to Polatty. Polatty said he had never been given such a letter. Shanklin feld that 5,000 feet for the runway was not that important. The extra 1,000 feet can become important when the aircraft will take offs or landings. Hazard was concerned with safety. He wants needs more runway for take offs and not landings. 4 00934 Irvin read Mr. Bruce Matthews letter concerning FAA standards. Irvin feld the proposal might get approval for private airport, but not meet FAA standards, and could not get federal fundings in the future if that proves to be necessary. Mehler agreed to modify the findings of fact to reflect Matthews letter Kizer feld that location criteric is important because we are talking abouth two airports and not one. Its got to have accessibile buildings and an area which can service the county. Hazard stated that we need FAA standards to make the airport safe. Irvin moved for Planning Staff to recommend to the County Commissionem for the request of the Special Use Permit for General Aviation Airport be denied and the Findings of Facts be based on Mr. Bruce Matthews, North Carolina Department of Transportation letter. There is indication that present design standards deviate from the current FAA standards in several respects as to Matthews letter states. Gordon seconded, Wilson feels 2,000 feet setback off runway is sufficient. Shanklin brought information to the Board concerning proposed rules by FAA standards, 5 00935 i) i LI Irvin feld the Board should deny the proposal of the airport because we don't know enough, We do know that they have not met all the requirements, Hazard feld that he has met all requirements set by the Planning Staff for the past two and one-half years, Gordon commented the findings of fact need the following changes to reflect the Planning Board recommendation, not Planning Staff's recommendation: page 8, 8.2.1C; page 13, 8,2.4B&C; page 16, 8.8.1D&F; page 17, 8.8,1A; page 17; page 18; page 19F, MOTION: Irvin moved for Planning Staff to recommend to the County Commissioners for denial of the request of the Special Use Permit for General Aviation Airport and the Findings of Facts be based on Mr, Bruce Matthews, North Carolina Department of Transportation, lettter. Tare is indication that present design standards in several aspects, as Matthews states, Gordon seconded, AMENDED MOTION: That the request for Class A Special Use Permit for General Aviation Airport Buck Mountain Corporation be denied for the following reasons: Findings of Facts shows the following: 1) FAA Firm standards have not been met particular with respect 2,000 feet from each end of runway, mention in the letter, Mr. Brucke Matthews, North Carolina Deparatment of Transportation. In addition the location is not adequate and is incompatible with the ground transportation corridors. The letter from the Volunteer Fire Department has concerns with the project. There were no letters on file on the submittal from the Emergency Services, 6 00J3I3 1.1 VOTE: Motion failed with three in favor; Shanklin, Wilson, Boericke and Lunsford opposed; and Bacon abstained. MOTION: Kizer moved the Class A Special Use Permit for General Aviation Airport be denied because of the general discussion in 8.8,2 C has not been met, and the location nt suitable because of inadequate ground transportation general access and the relationship of the project to the remainder of the County. VOTE: Motion carried with five in favor, Shanklin, Wilson opposed and Lunsford abstained. Meeting adjourned at 10:50 p.m. 7 .. . ...4. : If ORANGE COUNTY BOARD OF CaMSSION&RS Action Agenda Item No. E-1 ACTION AGENDA ITEM ABSTRACT MEEMG DATE 4/20/82 Subject:, Zoning Ordinance alternatives for the Commercial Uses around Rarphy School. Departrent: PLANNING [Fublic Hearing: X yes - pol Attachmenttexio from Planning reot, Infc/Imat34111 Caltact: Jim Polatty Phrzia "bar: 711-1181 Ext. 342 .._..,— PMCSE: The Board asked the Planning Staff to outline the alternatives in the Zoning Ordinance that may be used to deal with the non-conforming or illegal uses located in the Murphy School area. NEED: The Zoning Ordinance has several sections that may apply to the Commercial Uses for the area near Milrphy School. The concern of the businesses is that they be allowed to continue operation. The concern of the neighborhood residents is that the character of the neighborhood not be altered and that all the uses conform to the Zoning Ordinance requirerents. IMPACT: The ireact of the Board's decision varies with the alternative selected. ,...- /sw 4t .. fpx .�1°/ 2 67 1 ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA, /27278 . 1P17414.4 MEMO T0: Board of Commissioners FROM: Planning Staff DATE: April 14, 1982 SUBJECT; Zoning Ordinance alternatives for the commercial uses,or home occupations around Murphy School. In the March 8, 1982 Public Hearing agenda packet the Planning Staff outlined two alternatives to the requested rezoning. for the non- conforming, illegal, or home occupations near Murphy School. Those alternatives are still available to the Board. During the Planning Board's discussion of these rezoning requests another alternative emerged. The home occupation section (6.16.6) of the zoning ordinance would cover all the applicants. There are basically 3 types of home occupations created in the Zoning ('dinance. First, 6.16,6.1 establishes home occupations in all residential (R-2-R-13) districts except 11�1 and AR. 6.16.6.2 establishes home occupations on lots less than 200,000 square feet and 6.16.6.3 is for home occupations on lots greater than 200,000 square feet. Section 6.16.6,3 (lots greater than 200,000 square feet) could cover Dean's Truck and Coach with some amount of reduced floor area, screened outside storage, and screened buildings. The Board asked if requiring a special use permit for home occupations might alleviate sorre of the concerns expressed by residents. The Planning Staff feels that the requirements of section 6.16.6 provide as much protection as a special use permit would. Any requirements of a new special use permit would include the requirements contained in the present home occupation. In conclusion, a special use permit could allow variance in the requirements for each applicant. Usually the Board would want to make these requirements more restrictive in order to protect surrounding property. In the why School cases, particularly Dean's Truck and Coach, Bass Welding and Phillips Repair, the requirements would need to be lessened. Violations of either the existing home occupation requirements or a new home occupation special use permit are punishable by the same sentence or fine, -34 Memo - Hoard of Commissioners April 14, 1982 Page 2 Presently, the Zoning Ordinance is very liberal in allowing home occupations. Most zoning ordinances allow home occupations within the existing dwelling unit. This is allowed under 6.16.6.1 in our ordinance. The other two classes of home occupations allowed in 6.16.6.2 (lots under 200,000 square feet) and 6.16.6.3 (lots over 200,000 square feet) are the two home occupations that allow detached accessory structures. If home occupations , which are permitted uses . now, are converted into Special Use Permits, the Impacts would be that home owners would be that homeamnars= would derive some greater degree of protection from the process homeowners would have to go through to develop a home occupation in an accessory building while the applicants would have to wait and follow an application process. Planning staff does not think the requirements would be any different if these home occupations were Special Use Permits instead of uses by right. Therefore, we conclude that homeowners would not derive a greater degree of protection with home occupations as Special Use Permits. The planning staff recommends that the rezoning requests be denied, and that the existing uses conform to the Zoning Ordinance. Staff further recommends that each use provide a scaled site plan that shows the lot boundaries, all existing structures, storage areas, screening (existing and proposed), setbacks, signs (including size) and floor areas. Each use in this area should,with little inconvience, be able to conform to section 6.16.6.2 or 6.16.6.3 and will be able to continue to operate. However, since most uses will be at the maximum allowed floor area they will not be able to expand. This should satisfy the concerns of the area residents. /sw • ) U0937 ORAZ■GE ODU-grr UJ j BOARD OF Ca:MISSION:F:4S Action, Agenda Item No.E-2 ACTION AGENDA I'M! ABSTRACP rll...-L...e.a-c-; DATE April 20, 1982 Subject: Oak Hill Road Participatory Paving Project D.=pertaleht: Planning I [ Public yes x noj Attachment(s): Petition; Secondary InformatiOn Contact: Jim Polatty Road Improvements Program Phone NImber: 732-8181 Ext. 342 PURPOSE: Approval of the petition for the Oak Hill Road (SR 1835) Participatory Paving Project accepted as paving project on May 25, 1979. NEED: Approval of petition is required for completion of Orange County Participatory Paving Program procedures. Oak Hill Road (SR 1835) is listed in the Proposed 1981-82 Secondary Road Improvement Program presented to the Board by DOT. DOT is presently scheduling projects listed in the program for construction this year. This project will cost $13,728; the funds are available in that account. IMPACT: Upon approval of petition the Assessment Resolution and Assessment Roll can be prepared and public hearings on both items scheduled. REODMMENDATION: Approval of petition. Schedule public hearing for May 18, 1982. UiJi NORTH CAROLINA ORANGE COUNTY PETITION FOR PAVING OAK HILL ROAD (S.R. l835) We the undersigned, being property owners of land that will be assessed if a Final Assessment Resolution is adopted by the Board of Commissioners of Orange County providing for the financing of the local share of the costs of paving Oak Hill Road (S.R. 1835), in Chapel Hill Township, Orange County, North Carolina, and assessment by Orange County of the total local share of the project, which local share is estimated to be Thirty Nine percent (39%), do hereby petition the Department of Transportation to pave the above described roads and do hereby petition the Orange County Board of Commissioners to finance the local share of the cost of the paving of the above- described roads. Tax Map & Lot Number Name and Address Signature 16B, 1 Milton S. Carothers Sarah Carothers Route 8, Box 29 Piney Mountain Road Chapel Hill, N.C. 27514 16B, 2 Kinchen C. Knight Sally Knight e Route 8, Box 30 Chapel Hill, N.C. 27514 - . - -,..mr-owm:e.41,41■4afttio:p.mo...,4•der.,wr,truere-.4w 1? .. .. z 00'939 - I0.,L13 1 , 1613, 3 Glenn P. Corley ;6 Emma Corley Route 8, Box 32 Chapel Hill, N.C. 27514 e"-v.,......o._ . ■ 16B, 4 Milton W. Skolaut Rheta Skolaut //)1.0#71-01-4§..,g— Route 8, Box 33 Chapel Hill, N.C. 27514 ,. C.-P-1-14.-.-V 1613, 19A ......- Route 7, Box 627 Chapel Hill, N.C. 27514 ,,,": . .., a2-/". 6r.24. 16B, 19 Charles E. Mosher Pamela Mosher X. Route 8, Box 47 --, Chapel Hill, N.C. 27514 / '2776g,Z__ 16B, 20 Frank, . Chamberlain L11 -----' Al / Patricia R. Chamberlain , ,,-;,..2.. .."'•■ ei .:.-4.20.- _ Route 2, Box imv:r / Oak Hills Drive , Chapel Hill, N. C. 27 514 ...,.-e,..„472,7.z..44,2„... 1613, 21 Robert L. Penley Sarah Penley t ; - _ / Route g, Box VP;1.9t 3/ Chapel Hill, N.C. 27514 cja_e_AL -.)/ .:ksr_ctle,,o, 16, 3 Whitfield, John Glenn Route 13, Box 53 ' Chapel Hill, N.C. 27514 . , '‘ Qr,-fiatjiL-- . 16, 50 Delbert E. Mayse Route g, CI Chapel Hill, N.C. 27514 16, 53 Timothy H. Kimrey Route 8, Box 22 Chapel Hill, N.C. 27514 —17,;0 Pli. g t VA3 ki.jx") (/ U ' _ 0094!) [ U20,) - , - - . / / 1 . 16, 54 Willie M. Mayse Ella Mayse_, , ,,,,z_ Route Chapel Hill, N.C. 27 514 (r."4-,_.-.4 7 16, 55 - Margrue M. Booker - _ 7 Route 8, Box 25 , Chapel Hill, N.C. 27 514 ./ 1.... ... / ' 1 - , .7 16, 56 James Duke Barbara Duke - .f.41 4 40) If Route S, i;0% 4, Ill 4aine.j--Mountairra-esd Chapel Hill, N.C. 27 514 16, 57 Sarah S. Carothers Route g, Box 25:131g' Chapel Hill, N.C. 27 514 16, 60 Doyle E. Davis b .1- ...--. p/ : Miriam Davis ' _/.. Route 8, Box 49 Chapel Hill, N.C. 27514 04.11,0. /L:_d 1613, 18 Robert M. Pratt, Jr. • Emily Pratt / . ticiTt Route 8, Box 46 — j4i. / 1 Chapel Hill, N.C. 27514 ... , .01.I/Al r , 16B, 17 John Lewis Kline, Jr. Jean Kline 1111, 61--sf-e7 - 9) Route 8, Box 45 Chapel Hill, N.C. 27514 (1 _ / I IL' 16B, 16A Michael A. Hamilton Brigitte Hamilton Alf/%1 ELL ())4 kik t-dit - Route g, Box la 0 Chapel Hill, N.C. 27514 q 16B, 12 Norma Rand Ronald Dick 7310 Bayard Street Montreal, Quebec irr. Ao, (3PY 35" 1'51- 0094.i 1613, 13 Clarence g. Cook Gail M. Cook Route 8, Box 43 Chapel Hill, N.C. 27514 f)( 1 000 42 ORAEGE COUNTY -14m PROPOSED 1981-1982 SECONDARY ROAD INPROVEZ-ENT PROGRAM 1981-1982 Secondary Allocation. $361,249.00 Nap Priority SR Estimatel No. No. No. Name and Description TIroa. Length Cost Paved Second. Road Improvements 1 1543 Little River Church Road from Strengthen 4.0 $60,000.C! SR 1001 to X 57 2 1577 Jim Nark Road from &a 15014. to Strengthen 0.9 13,500.0 SR 1506 3 1504 Johnny Phelps Road from SR 1577 Strengthen 1.3 9,100.0 to SR 15C0 4 1323 Orange Lake Road from NC 86 to Strengthen 1.5 /0,500.01 Dead Ead Contingency to be Used for Overruns 81149-0 Soot Improvements 5 1203 Construct "Turn Around" for School 2,500.0 Buses, (Requested by School Officials) 6 1114 Adjust Grade to Imorove Sight 0.1 ,25,1 Distance at Bockhorn Contingency to be Used for Overruns 2,56140 Paving Unmaved Roads "Cri er ' 7 .'1873 System Streets in "Falls of New 1.74 1CO,CW.0 ref- 1874 Rope Subdivision" IL 3L 4.-JY.0 1875 P. 0. P. Paving 1876 1877 8 ir'P 835 Neadowbrf. • • ook Drive from SR 1732 0.65 37,COO.D to Dead Eked Ita5 9 1916 Parker Road from SR 1992 to Dead Ead 0.6 72,000.0C Contingency to be Used for Overruns7 21,COO.Ct Additions, Pavinc, Rural Fire Department Drives and. Property Ouner Participation Note: If Right of Way Is Not Available on. the Above Unpaved Roads, the Funds Will Be Programmed co Other Roads in the Order of Priority CR.A.NE CCUNIT BOARD OF ca,24.tssioNs Action Agenda Item No.E-3 AC2ION i‘GENDA 211.1.1 ABSTRACT MEETEN:G DATE 4/20/82 Subject; Reactivation of the Water Resources Task Force Deparbrent: PLANNING IPublic Hearing: yes Attachnlent(e):NONE Information Contactt Jim Polatty Phone Minter: 732-8181 Ext. 342 PURPOSE; The Board is to draft a specific and limited charge to the Water Resources Task Force defining further information it needs on the Task Force's Watershed Management Flan for the Upper Eno watershed, NEED: The Board needs additional information from the Task Force in order to complete their review of the Water Resources Task Force Report. IMPACT: After the Task Force has carried out the charge, the Board will be better able to execute the recommendations contained in the Water Resources Task Force Report, 'SW ORANGE COUNTY BOArtD OF CCMISSIOMRS Action Agenda Item No_E-4 ACTION AGENDA rimiresTRAcr MEETZG DATE April 20, 1982 Subject; Farmland Criteria Development-letter of support LPablic s no 1 iepar . Hearing: ye x tmv.nt; Board of Co Colro . Attachment(S) In-fors:natio' n Contact: Commissioner Willhoit 1. Letter from Commissioner Gottov, 732-8181 ext. 510 2. American Farmland Trust Newslet e lahmheNumbe= ----- PURPOSE: Sending a letter of support for New Hanover Commissioner Karen Gottovi's letter to our Senators and Representatives. Nma): See Commissioner Gottovi's letter. 2SACT: Outlined in Commissioner Gottovi's letter. RECOMMENDATION: That the Board ask the Chair to write the letter of support and include a copy of the Orange County Task Force Report. —/��6� � `�=` U0943 �. 0 . o ' •. i \ - _- Assscktrale, II of Csaanntms Offices • 440 First Street,Nu1 \Wash|nJtmn.C/CZ0OOl • 7elephonczu2/3y3-m/*^O March 25, 1982 Mr. Raymond E. Lett Executive Assistant to the Secretary U.S. Departmentof Agriculture Washington, D. C. 20250 Dear Mr. Lett: As the chairman of the Land Use and Growth Management Steering Committee of the National Association of Counties, I have the responsibility of keeping abreast of progress being made to preserve farmlands. NACo and its member counties were very pleased when Congress enacted, and President Reagan signed into law, last December the Farmland Protection Policy Act as a title of the 1981 farm bill. We supported this legislation, believing that the federal establishment simply must render more assistance to, and pay greater reator attentiun to the wishes of, state and local governments when it comes to planning federal projects that can unnecessarily consume prime famOand. We must become better partners in our system of federalism. As you are certainly aware, this Act requires the USDA to develop criteria, by which federal projects may be planned and evaluated so as to avoid needless conversion of prime farmland, within 6 months of its effective date. Although it has been nearly 3 months since the Act was passed, I am reliably informed that USDA has taken few, if any, affirmative steps to develop these criteria. Because less than 100 days remain until the statutory deadline for the promulgation of the farmland criteria, I respectfully ask on behalf of NACo that USDA begin the process of developing them as soon as possible. And I would ask further that you keep me informed of your progress so that I might report it to my fellow, concerned county officials. Mr. Lett, I certainly understand that, with current federal budgeting problems, not to mention the effect of economic hard times on farmers, USDA has its hands full. But, it would be a shame to allow what appears to be a golden opportunity -- the recent adoption of the Farmland Protection Policy Act -- to slip through our • 0hy�^l � Mr. Raymond E. Lett Page 2. fingers. With the Administration's current emphasis on the New Federalism, now is the time to encourage federal agencies to shape up and pay heed to local aTicerns about and intentions respecting the preservation of agriculture's most important resource. Thank you for your consideration. Sincerely, xl=m�~^� am�m�� / Karen E. Gottovi Commissioner New Hanover County, NC KEG:kf ° _ . 0 The Newsletter et the AMERICAN FARMLAND TRUST • ototow..ce«,,,K,ittelisnikeellatialitintk.K,ir nuIP°0414ke.'t,' '9 ''''''congressional:finding that the ''!;.4.,--'''."'i.or...tk:indentkr --torsiteitiiiaditzeisk—'esek"-';andt- ',IQ, .,111ene' tOrtriOarreartths:mks,el:iteetias fainv!':::..';Meese,to the:nation's farrrdandi.baw, .,... it ,.I„ it . ':;'.;:l'.:.:4 17:`rar'ottp,Ler k -,..;.wsitti,,, ,4'i'w-1,.:-`',,...f,t`...ki4/vni,,,,::,...:.:'t:'-,1,-,.!.C.,-...-A';'''''. .:4'•s'....' : . ' ,"' ,', :7,''-irev;:i-,46,:i, vf.,..i....s:;,. for theproducoon of foodand other itdricultural good,productive psecp of farmland. that other. . ,, fiith.;,N46,orth,,H,aiditce. '4iithos,a4*ultAitallatizaretactivitice :,';'„,-.`:tinuetVexPanded the definitiottof'Oen Soca' „.„...„. 4 .,1,.±,,,,,,,t,,Thevaug.1*4,047iiiirktisiok—doiisiniatimi. " 4,40.,,';iAsitijic'. beret— weir/mutt- tram' the. prptecticex— " ,:.'::to':?!.'"'N'' .'". .,tti'it',if: imit"tant. it.to:scC6nSetenit rt.:.''''''-''':'' Sikh. 4."...0-urit,Thithixtoonsisti of primerlass II and III ' land patio'declares that Urban development "i'''.,.'",tt,,,i.„.,1,..,,,.22216teir°}1)6i9r—.-diYelciVallal.f..• Ptafort)91: 4::.'• -:tihiclii.the 'haw ire ed-and co* : tend,to'bring cortflicting land uses into jtotta- '..utheitcongsessetneindect ifseintotnin'S;rctiens,^,tilra,CteriOatisaagi affalfahay ate grown in rotation, :. twat arena open is necessary for the cm:net 7'. ' . .1.• foe the area. cialproduction of fond without creating a nul- - .., easerneneranst be donated to a quartet'new ''.areer of:SnYdez Canny alai nes- several . . ,,,,,,,,,aactit/tinas .03w1:41:Pf':17Trie sec.!the ri *PfiratginlaniaranatirhanAFT;and must Paint' faPilr rapid Prrnidht....in'Parma::'I'm,the* : ihweasement an the tImmermart farm was reviewed by the Pennsylvania Framers'Associ- further a"clearVdearrestedVPublir LliticIr bt"-:r:'hrthe P35,t 171.17.7.3 guar"".,", , .7 with which AFr 4)0intig conducting a ' ' ''''°1'3tectbli*Intaild''1611*'''*ntacant Pub5P'::1 Farr'''.'''. .- ''.'' . " It Ilerne, project to derninstrate the effectiveness of old- ' 1 benafir:inuat MaIlltfri*"Pnatea*I at i'lh"!' " ''ArrAaPdanteDirect°1's ' vote sector farmland protection techreaues, : : . - 1.; r7:",'-'7177,7,-,'..7,'.;-.7,r.77r-,-7,77,;:r.,,m, :,,,,,,, , : „, .. : ,.;•.;,,:,,...,i;,,,::-.,..y.,,.,p;•g,,,,,,,, ::.?. ,.,, ,; ,,,,,.....:„..:, ., ,,„, :'''.1. r.: ,1,... '1,,:'. 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''',T;Ilikiftiial ettaCtiritst..ttur.400040tiofttitiF5 i i. 0it".iit'tli'54,ii9;....,V.g.:.:•,i:,;!.`the i ixtearilirs4:being,:niadeAs*-gro7,49Aqi'r,..i4v5: tfi en t Of brithird.or thtiatai0iItteta:.i,. ..3- .iStfotthri*SattotkrfOit utritrtirarcittla::::'..,',number..4ruITA oothrtiottitir*ioai ,•'!";i:lefere'r Yeeda on aplesietrifessii4ettihifitiettorsi:i'5‘4,. all"Cttria t IVO t‘',trtikuiet.lfedera 3,re- ',',,;l.pnisigearonts egtieuttotallittireiY-,:PlqatiNVt:..••Vi7";•..',.e.: te inineithe Pettsideatt...iighater4idantiet,',40,r;:ikt,aistatreS desk.the estairete of thereiSifeerniSiod•;:.,[,;:',,During theyleeibettitainirareitsdaiesiipag-4 .::ti...C.,1thilitaftelViZti:WaSte. ,..9ttiteqdtfiLik.:10iiil*tkiiilDSCO:Vihrt 6400%1Intle■a fedirit':''''"*(1, the Fafirtlratd Firrtktiert PackuSefitit t"'''' i'l.i.'"' .-•.4.beici.eficiat.ibetaticiiv* ::100****&K,, clinsiOjiieitis-tippriichigd ri, c:e.and iletiz b9'''f-'llbs agline bir*PreatOttnti'ghti,frareti$1:14/.34,: ,'''.f...1.elleffecritie,crtanggi..4?#.'.'f--3,..1401766-11*•dgZirtfo*ufFritafetitti a Probicres sob,laaditOstatil", folk Utter 80:0:rxisei4nalitirotint*34.4yAititc: , 7,:-....f.',4c• ::'',";:„"•-•.i Thss.tandernssigatisidt—'00403dRierr 7i r;Seale healrentheraktMhentincinsisliosidd"':',:•,•tamers for all erns tone le to farriottilobstakei,t-: ay .,, .,,„„;:•„-,';'-bit,c6,,,,zaki.,w,...iiiitimitio*cneamiairq?.,:plitoehro.out thioandardpiago,ollit'is tor., ,',;,:aizei Egod Intentions;and max iras',pow fittrai,iii.-----ppfec(eiiii.tho9WifAi fedirtrpttfitiltigiceptoi,rithrifrixitpiabkOicii,Utli prink!'ii".thirsty asSiostoblei':,:rn ottiotsOi c iV. *'.'' 0)*44tracti,...whotvmowitgOirosi;*fryte*,.„..;`,frieland.Mee a.clagoir ehed 011ie be ,ofif.:li andirsaiiii:If reftacers'...,:;ti,*?it*#.4.3.:': 'A`..,:i..,k.:40.C.,,i'',.,'.'4.'-C'It:01°7`?'••I:'• )"•(#4:41:1•''..".,.":R'''. it ... 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Xi.' these toonhers; A apparent,-,,,,,,,.,:.,.ciarr assure you. , :p.-r;.:,'r-,,f,'aim...gm----afikidrmiiiiitsifizoidirdosa.1 1.‘,.....• : w.--::o,ft,.,a panting conet ot wocaerr;,..:.,stove., toile:moon'the bentativatr.tbat.zy:•e-too,,..,:, r, ,....,- :'••„::t•i'' ti000tiiptectotoxliwieporiOittaccil 1viisif,..._,L%crtlbg*iretiwYptisiiew irvevasible.,-.r.--, ..,,,.r.-.s..,,,<:,,.nartiq recovezv.program-ahordy'seer his.irs. -,„::-..,.: . •••-"'''': — ' — ' " ''41'4 se,.'•" ' #wish to become ct member at theArnorlogn Parniandllust arxi receive oil Ille I, . •,:',e1.,C•ti,1,4:: ''f,I. ,".u-;,-•07 ii?:.; 1-,L i',7,•,4 ';•i,':7./'i%i'0,:t7Tii'r i'tt-i,',,,t3":k;i1'.%;12"',44;',:M- 4::Ni41.Ft0a:k•';:.'irli it,ti't:,••'",'Ir'...'F.:: •.:'•••.q.'...•'irl•".'"- A: 1 +..-rl'''!d'�=f r77.1r ..,. 7.1. +�w+„,';. .7.' '7A7.,..='"v i" 1,'''.: '.�yr.'';. """"`,N1" C,Ir" t f r Action briefs Recent Publications p,, l,r,-x /t ,f,; t .:. `rrYa./JFh ! r �• 7sl x4i 1x x4. ,. sin ttki".l'k7!Ap171�,,y. ek do, ,„, in J ',.,F •Ea' TLe'tihadow at . -app jib”Oduct i4iitreaadUieissiielnidi'-• J t toted apG!d"nb a' ttiifTiar1.harid i00tie' Ct8ye:.St d la AdirlWt6'1"11 hand i.ie tea eacprelaiy tat;latafar$t'ead1r71.1$2 pagan in,. t}1teditorov{ aSSO miroR�'Jlandi140f-- - ���yy���•al �"'�,,.. . 'o•.fFRfi�1_136X+ S'� rigfitadi . - z rit Found rian,-19814 t6 hack hi pririi, 'r.rCAAa�.L..lar 1100itf is�'..t>. 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' F - r, 1 i a. r� •'., -,..-7•777.t.,: t' C�77 i t r u ra � ,Y.sr i„S^7 v t , Y1 k- i ,t1P t/-� y't � r r l r r`u 't'1 s T r + .-' :A#{ y�'{1, '. x x Fi e. y r1. ..• S-,14,'4• "•' J " i t rja r t "1w a, a , {ti_ A ry4 tyr • , f''':;:;;;,:%:,'''''•':r ti',i n.t A,2 �A ''' - iy`k;;;,i' ' . � yai`t,kof'r¢ ° / sb,1)F r ku�' -•' „*" .•; t" �. i.C1 � l Hl s 3 , ., ,� 1,.; :,,,,i.....{ , t {.FK.+ , t +'' y7 � -,i kf C• i ^ �" r"1S +Mrt„fz. �Y i.i' r•t rtt .`d .." M y4 a +1 ! r a+,5i j2 t JFu .. b7' y L i r• S F f.: t, ahi:. i'ie ,i r4 1; ' .r r ,r 5 , , jr, 1 i..*l ; J ';''.(.,.::.•;:.1,1,t.'.. t. .r iF t • 5• t ..";,;7,.....:"•' ' ; "`" ..0.' .ti• ' t1..f • o t i ,n y ',` " � i s , a¢t"` L i`ti 3"''''•4''''(''.''''7•'''7";'):4'''; 'u'J 1";' � 1 a 'i"y -',;,,...-•,-• ,,,!...7,:,:.-.•-,....'•,, 't . J r , 4 t { i: r z `r t r'' 7 i al s t w T .i . 51 I k ' i Y J ;:, i'i^ l t 4,' 'i'''.•;:•••: '•-::.'''-''.*:"'' ,a l a , Y' v 1 ! : i tom',1,_:,..`;:!,,,.:7-.:.s..;.;','*-?:.'',,...,! or u t " '' r K L 1 -.,;*!-4.,,,;`,14 5 s'V.: w 1 `{. `,..,;:i4;;• ;',.1,,,,; �' > r 3 , 4r_ 1 • .1...�• ",t i y5 i Lat'(i d li ri• ,.1: 0.^ i - �,}:x•i 1kr4 'Y1= .rq!4: a•, i t . . . f : : /.(F l» • r. r'.r :: ' u.r4 /.. . « .,tsa. r, t�C)r/{X14tu.lb.^ie..Y�,t + ua, a ,,, , d.a▪:te -..4.14;...' CRANE COUNTY BOARD OF COVAISSIONRS Action Agenda Item go.B-5 ACTION •GEMA ITE1 ABSTRACT /ciEmaxG DATE April 20, 1982 Subject: Proclamation: May 8-14 Senior Center Week iPublic og: es no . feparU-Tent: Dept. on Auing j Harin y Attachment(s): Information Gantact: Jerry Passmore Proclamation 732-8181 ext. 282 Ph3ne Number; PURPOSE: To designate May 8-14 "Senior Center Week ' ;gm: To recognize the Northern Orange Center and the Nutrition sites in the County. To encourage visits to these Centers by all Orange County citizens during the week of May 8-14. nevicr: Greater public awareness of programs for Senior Citizens and resources available to Seniors. RECOMMENDATION: The Board proclaim May 8-14 "Senior Center Week" in Orange County and authorize the Chair sign it BOARD CF ccnmIssicol&Rs Action Agenda Item No.2-6 hTZTING DATE April 20, 1982 Subject:, PROCLAMATION:. May-Older Americans Month in Orange County DePartrent; Depi-. on Aging Proclamation 732-8181 ext. 282 Phone Number: PURP(X;E: To proclaim May Older Americans Month in Orange County MED: To recognize and honor the Older AMericans who live in Orange County. WACT: Heighten Public awareness of the Older Americans and their contributions to Orange County, the State and the Nation. RECOMMENDATION: The Board adopt the Proclamation and authorize the Chair to sign it, 5 H0��~=. -- - _ BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY * PROCLAMATI ON * WHEREAS, senior centers affirm the dignity, self- worth and independence of older persons by facilitating their decisions and actions , tapping their experiences, skills and knowledge, and enabling their continued contribution to the community; and, WHEREAS, senior centers function as service delivery focal points, helping older persons to help themselves and each other, and offering services or access to community services , as needed; and, WHEREAS, Orange County has established a Northern Orange Senior Center and has supported Senior Nutrition Centers throughout the county to serve older adults; and, WHEREAS, senior centers in our county serve as a viable commitment to our older residents; NOW, THEREFORE, we designate the second week in May, 1982 the 9th through the 15th as "SENIOR CENTER WEEK" and encourage all citizens to visit a senior center in their area. ORANGE COUNTY BOARD OF COMMISSIONERS ��� 8y1 ��N� "Pir p 4 Richard E. Whitted, Chairman 009�1.3 .'~/1`j ^--'~~� ~-- BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY * PROCLAMATION * WHEREAS, according to the latest population figures, there are some 8,000 persons over 60 years of age in Orange County; and, WHEREAS, Orange County is proud of the older adults who live here and wishes to show appreciation for what they have given and for what they contribute to their County, their State and to their Nation; and, WHEREAS, because of them, the rest of the citizens enjoy the fruits of their visions and their labors , and their example is an inspiration to continue to make Orange County a good place in which to live; and, WHEREAS, our President and Governor have proclaimed the month of May as Older Americans Month, and Orange County wishes to set aside a special month for recognition of the older segment of its citizenry; NOW THEREFORE, we proclaim one month beginning the 1st day of May, 1982: OLDER AMERICANS MONTH IN ORANGE COUNTY and encourage all citizens to join in honoring our older Americans . WITNESS our hand and official seal this 20th day of April , 1982, ORANGE COUNTY BOARD OF COMMISSIONERS By: " ' ��` /'' ���N� IS. Richard E. hitted, C ar�mn | oR.A.NZE COUNTY BOARD OF CWIISSIONERS Action Ager.cl, Itemmb- E-7 Azzzzm AosZn�. zrEs ABSTRACT *oEEPzsG DATE April 20, 1Q82 Subject: Architectural Contract for Northside Cafeteria Renovation |. cep*ztrent: Manager's Office ----- .| Public Hearing: yes X pc Attecbouaat(s); Information C#otact, -- Yes Ken Thompson & Bill Laws Phone ��bs�" 732-8181 Ext. 501 _— PURPOSE: The Board to consider ratifying selection of an architect. NEED: The Mental Health Board has entered into an agreement for development of plans and specifications, however, since a decision of an architect 1s one of the Board, action needs to be taken to proceed with the project. IMPACT: To facilitate the renovation project of the cafeteria at Northside Complex. RECOMMENDATION: Approve a contract with James Webb, AIA, for architectural services. COLEMAN,BERNHOLZ, DICKERSON. BERNHOLZ,GLEDHILL&HARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGH N C 27278 919.732 2196 919 9q2 8000 April 7, 1982 CI IAI EL BILL 0FnCE SUITE 21./.FRANKLIN BUILDING 137E FRANKLIN STREET CHAPEL HILL.N.0 27514 919.929.7151 - - AtoN2OB.CGL19C R. Mr. Kenneth Thompson STEVEN A BERNHOLZ DONALD R.Daimon Orange County Manager Row B.BERNIyoLZ Oran a CQ LOUGtAs HARGRAVE 106 M8 et-Lane-"._ _ _, _...,. _ _... --4, GEOFFREY E GLEDHILL g� .__Rsl y, ourthouse -� MARTIN J.BERNHOLZr —._,„ . ..._ IUILL41MR BREE2EJR Hillsborougti;-'North Carolina 27278 ac >!I -` Re: OPC Mental Health Center, Northside, Chapel Hill BONNEA D.$nWYER 11902 19721 North Carolina Dear Kens Per our recent discussions, OPC Mental Health has no statutory authority to own real property. In fact, title to all real property purchased for use by an area mental health authority must be held by the county where the property is located. G.S. Section 122- 35.53 (effective July 1, 1981). A mental health authority has power to lease real property, own and lease personal property all in accordance with rules and regulations of the Department of Human Resources. G.S. Section 122-35.53(d), (e), (1) and (g). Beyond these powers, the - area authorities have only the power to contract for the provision of authority services (including some powers incident thereto). G.S. Section 122-35.49. It is therefore my conclusion that the power to contract for the renovations of the building owned by Orange County on the Northside property which will be used for the "Willie M" program lies with Orange County. The construction contract should also be "let" by Orange County. The plans and specifications should, of course, be approved by OPC Mental Health. OPC can perform the day-to-day administration of construction to the extent you wish. It is appropriate for OPC Mental Health to lease the space it now occupies from Orange County and to lease the space it will use for the Willie M program from Orange County. Very truly yours, 4 eo fre E. Gledhill GEO/jac cc: Richard E. 44 bitted r THE AMERICAN INSTITUTE OF ARCHITECTS A r _ Cloturimen[8747 Slander '°FFottu of Agmerni.en Beavee Owner/. and A chite-ct 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the day of in the year of Nineteen Hundred and BETWEEN the Owner: Orange County Commissioners Hillsborough, N. C. 27278 and the Architect: James M. Webb, AIA, AICP 201 E. Rosemary St Chapel Hill, N. C. 27514 For the following Project: {Include*failed description of Project location and scope.) Alterations, Renovation and Repair co an existing building to the rear and south of the existing Northside Mental Health Center, McMaster Street, Chapel Hill, N. C. The subject building, now vacant, has been known as the cafeteria building of the former old Northside School. The Owner and the Architect agree as set forth below. ,• Copyright 1917.1935,,9211,1451.1953,1959,1761,PM9,1945.1%7,197U, 1974,y 1977 hY The Amenun lo,1ilu1C _ of Architects,1739 Nov Yo+k Menus:,.S V., lSatnin;enn: C. :mot, Cepru,dice of the material herein or UrbtlanIAl 9unl.ttion of its prornionc without pernHtion of the MA violates the Copyright laws of the United Stales and will be subleel In legal p oiceulion T!T AN ETICA.YT INSTITUTE OF ACCIIIT CTS 61731 l NEW TOTE AVENUE,UE, Ni V,. 1YASHINOTON,A0,C 35%6 B141-1977 1 u .r ., C l e- S rllarc,. .• e,e e. t S Nu l 0.11,- a., TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 meats to previous Statements of Probable Construction - --ARCHITECT'S SERVICES AND RESPONSIBILITIES. most indicated by changes in requirements or general - - market conditions.. ,- BAS1C SERVICES .. - 1.3..4 The Architect shall assist the Owner in connection --. The Architect's Basic Services consist of the five with the Owners responsibility for filing documents re- phases described in,Paragraphs 11 through 1..5 and quired for the approval of governmental authorities haw- Indude normal.strtictutai,mecfiariicaL and-electrfcal -- •.ing jurisdiction over the Project. :— •--�-: - -- errgineering.servicesond any,other.services included 1,4.,-BIDDING-OR NEGOTIATION PHASE _. The a latest State • ._._._.... -.- - -.-In-Article 15.ae-Part-of a is Services:-- ---- ---- — ---- • - - - V ^�„_ 9.4.7 The Archilect, following the-Owner's approval o€ -'_-'� -. 1.t.-'SCHEMATIC DESIGN PHAtt. T' """""the Caristructioh Documents.and Of the merjt ' '_ 7:7.1= The Architect 5}tall-ieview--ihe ro ram fumis led of Prolable'ConsTructidn Cost, shalr5ssist the Owner in - ~- p g obtairiin bids or.negotiated- --by the-Owner to-ascertain=the-regUirements of the Project g.. gotiated ,proposals and assist_io.. ..-._ and shall review the understanding of such requirements awarding and preparing contracts for construction. with the Owner. 15 CONSTRUCTION PHASE-ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua•' OF THE CONSTRUCTION CONTRACT lion of the program and the Project budget requirements, 1.51 The Construction Phase will commence with the each in terms of the other,subject to the limitations set award of the Contract for Construction and together with forth in Subparagraph 3.2,1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement,will terminate when final payment to the live approaches to design and construction of the Project Contractor is due,or in the absence of a final Certificate 114 Based on the mutually agreed upon program and for Payment or of such due date,sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work,whichever occurs for approval by the Owner,Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components, incorporated in the Contract Documents, the Architect 1.1$ The Architect shalt submit to the Owner a State- shall provide administration of the Contract for Construc- ment of Probable Construction Cost based on current lion as set forth below and in the edition of AIA Docu- area,volume or other unit costs, merit A201, General Conditions of the Contract for Con- struction,current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise meats and any adjustments authorized by the Owner in and consult with the Owner.Instructions to the Contrac- the program or Project budget, the Architect shall pre- tor shall be fonvarded through the Architect.The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec• cordance with Subparagraph 1..516, trical systems, materials and such other elements as,may 1,14 The Architect shalt visit the site at intervals ap- be appropriate, 1.2.2 The Architect steall submit to the Owner a further agree ate to the stage of construction or as otherwise agreed by the Architect in writing to become generally Statement of Probable Construction Cost, familiar with the progress and quality of the Work and to + 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents However, the Archi' 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con• uments and any further adjustments in the scope or qual- tinuous on-site Inspections to check the quality or quart. icy of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by lions as an architect, the Architect shall keep the Owner the Owner,Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ings and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and meats for the construction of the Project deficiencies in the Work of the Contractor, 1.3,2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tion of the necessary bidding information, bidding forms. and shall not be responsible for construction means, 1 the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for ..w meat between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DoCU51ENT aNl•OWNER.ARCEn1ECT AGREEMENT•THIRTEENTH EDITION•JULY 1122•AIAI•01277 THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE, N W. WASHINGTON, o.,C. 20036 8141-1977 3 contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author. Work in accordance with the Contract Documents tty to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu- ments,whether or not such Work be then fabricated, in- Work wherever it is in preparation or progress. 1.5,7 The Architect shall determine the amounts owing stalled or,completed, - to the Contractor based on observations at tbe.slte and on 1 13 The Archttc t shall review and approve or take evaluations of the Contractor's Applications for Payment, "'-other bppropriate action upon the Contractor ssubmittals'- — eva shall issue Certificates for Payment in such amounts, „ such as Shop Drawings, Product Data and Samples, but .. . " -' • as provided in the Contract Documents. only for.conformance with the design concept of the.. ..- 1,5.8 The issuance of a Certificate .for Pp meet shall Work and with the information given in the Caritract y _pram nats..Soch to cacishall be taken with reasonable- •-,...:,-e-_;-.;;77. p y promptness so as to'cause no delay; The Architect's ap- "-' ' constitute a re resenlation'b thfi Architect to the©tuner,' .based bri the ATChiLeet'S.o6servatioiis-at: sFte as pro ' provai of a sperifiic item shalt h od rn`dicate 5pprovaf of ail- = -vided in Subparagraph.1.5,4,and ork_thgAatd._comprisin,g___,assembly o7_which the,itehiis'a component.-.. _, -- the Contractor's Apptication•for?aymertt�,that-the Work-e...71-301,0- - = - has-progressed to thelpbint"indic'ated h'at,-to the best of" The``A.Chftect.shalF prepare Chang 'Orden fd-- '=_ the Architect's knowledge,informaten.and belief,the,qual- = _theQwners approval and execution in accordance with ity of the Work is in accordance with the Contract Docu the Contract Documents,and shall have authority to order •- -- menu (subject to an evaluation of the Work for con- in changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time Completion, to the results of any subsequent tests re- which ents t inconsistent with the intent of the Contract quired by or performed under the Contract Documents, Documents. to minor deviations from the Contract Documents cot- 1.5.15 The Architect shall conduct inspections to deter- reelable prior to completion,and to any specific qualifica- mine the Dates of Substantial Completion and final corn- lions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified, Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor,and shall issue a final Certificate for Pay- examination to ascertain how and far what purpose the ment, Contractor has used the moneys paid on account of the 15,16 The extent of the duties, responsibilities and lim- Contract Sum,. Nations of authority of the Architect as the Owner's rep- 1.5,9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner,the Con- the performance thereunder by both the Owner and tractor and the Architect, Contractor,The Architect shall render interpretations nec- essary for the proper execution or progress of the Work 1.6 PROTECT REPRESENTATION BEYOND BASIC SERVICES with reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor,and shall render written de- lensive representation at the site than is described in cisions, within a reasonable time, on all claims, disputes Paragraph 1S shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities'at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected,em- 1.5,10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form in the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ante by both the Owner and the Contractor, shall not such Project Representatives, show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentalives,the Architect shall endeavor ID provide further faith in such capacity, 1.3.11 The Architect's decisions in matters relating to protection for the Owner against defects and deficiencies 1.3i 11c effect shall be final decisions if ionsisinnt matters the intent of to the Work,but the furnishing of such project represents- the Contract Documents. The Architect's decisions on tion shall not Architect modify the described d in Paragraph or obliga- the other claims, disputes or other matters, including 1i 7 of the Architect t described in Paragraph 1St those in question between the Owner and the Contractor, 1.7 ADDITIONAL SERVICES shall be subject to arbitration as provided in this Agree- The following Services are not included in Basic merit and in the Contract Documents, Services unless so identified in Article 13.They shall 1-5.12 The Architect shall have authority to reject Work be provided if authorized or confirmed in writing by which does not conform to the Contract Documents- the Owner,and they Agree be paid for by on Owner as Whenever, in the Architect's reasonable opinion, it is compensation provided in this Agreement, In addition to the mpensation for Basic Services, 4 B141-1977 THE AMERICAN IINSTIT TE Or ARCHITECiS, MS�tNEW YORK r VENUE,, N.W.. WASHINGTON, 0 C. -py AI,t7•..�tap± • 161MMINNIIIr A 1.7.1 Providing analyses of the Owner's needs,and pro- struction, and furnishing services as may be required in cramming the requirements of the Project. connection with the replacement of such Work, 1,7,2 Providing financial feasibility or other special 1,7.16 Providing services made necessary by the default studies of the Contractor, or by major defects or deficiencies in 1.T.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor,or by failure of performance o roumentat studies or comparative studies of prospective Construction, the Owner or Contractor under the Contract for sites, and preparing special,suryey,s, studies and submis- Constrrucc tion, ' sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawiii gs or others having jurisdiction over the Project. .. showing significant changes in the Work made during _ 1,7.4 Providing services relative to future facilities, s s- construction based on marked-up prints, drawings and y other data furnished by the Contractor to the Architect. .-,—'-.-^2.'•tems and equipment which are-hot-intended to be con- struetecl.durine the.Cgnstruction Phase, • 1.7110 Providing,ex[erisive assistance in the litilizatfnn of --_ any.equipment or system such as initial start-up or testing;""- ' 1„ .5 providing services s t investigal --_ - - gale-existingTanditiorss adjusting and balancing, preparation of operation and - measured drawings thereof,of to .-maintenance-manuals, training personnel for operation verify the accuracy of drawings or other information fur- ...and maintenance,and consultation during operation," - - -_ nished by lhe"Owner-_-•---- •'—1.7.6 Preparing documents of alternate, separate or" the finalPCertiii(cate for Payment, or inethe absenncce of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when requested by the Owner, 7,7,20 Preparing to serve or serving as an expert witness In connection with any public hearing, arbitration prove 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding" separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.0 Providing services in connection with the work of the normal architectural,structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, eluded in this Agreement or not customarily furnished in analyses of owning and operating costs,or detailed quan- accordance with generally accepted architectural practice, City surveys or inventories of material, equipment and 1,g TIME labor. 1.7.70 Providing interior design and other similar set- 1.0..1 The Architect shall perform Basic and Additional 1.7.1 required for interior in connection and with the selection,similar set- Services as expeditiously-as is consistent with professional procurement or installation of furniture, furnishings and request and care and the orderly progress s a the submit Upon related equipment.. g request o!the Owner, the Architect shall submit (or the 1.7.11 Providing services for planning tenant or rental Architect's psery services which dshall betadjust d asarequirted as spaces,. the Project proceeds,and shall include allowances for peri- ods of lime required for the Owner's review and approval 1.7:12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent u submissions o over and for approvals schedule,autw enes r vied with written approvals or instructions previously given, jurisdiction over the Protect e t for r so when cause, be are required by the enactment or revision of codes,laws by the Owner,the not, except for reasonable cause, be or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect., ARTICLE 2 1.7.13 Preparing Drawings,Specifications and supporting 'THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Change Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for the Project Including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect,provided such Change Orders are and criteria, including space requirements and relation- required by causes not solely within the control of the ships,flexibility and expandability,special equipment and Architect, systems and site requirements. 1.7.14 Making investigations, surveys, valuations, Inven- 2.2 If the Owner proyldes a budget for the Project it tortes or detailed appraisals of existing facilities,and serv- shalt include contingencies for bidding, changes in the ices required in connection with construction performed Work during construction,and other costs which are the by the Owner, responsibility of the Owner, including those described in 2 1.7.15 Providing consultation concerning replacement of at this r rchitect h ro i The Ownernt of any Work damaged by fire or other cause during con- funds available for the Project,and their and of AIA DOCUMENT DID•OWNER•ARCIIITECT AGREEAIENr• THIRTEENTH EDITION•IUEY 14.7•AIAA•O 17:: THE AMERICAN INSTITUTE Or ARCHITECTS, 1715 NEW 'rest AVENUE, N W. WASHINGTON, O C. 70006 0141-1977 5 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect, respect to the Project. The Owner or such authorized 3,1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants; the Architect and shall render decisions pertaining thereto the cost:of the land, rights-of-w,ay, or other costs which promptly, to avoid unreasonable delay in theffnogress of are the.,responsibility of the Owner as provided in Arti the Architect's services. eta 2., • 2.4 The Owner shall furnish a legal descilprlon and a - _, certified and survey of the site, giving, as applicable, 3.2 RESRON5IBICITY D. CONSTft.U. ON CDST grades and lines of streets,alleys, pati.ements and adjoin- 3.21 _Evacuations of the Owner's Project budget. State ing property;_rights,-of-way,_restriclions.easements, en- meets",of,Probable Construction:,Cost and:.Qeteijed_• ,_._ croachments, zoning;deed-•iestrietiorisr-boundaries and---'' sttinaits_df'Consiructforr talc if arty,prepared=by'the'=-- ..., contours of the site; locations,dimensions and complete_=_ Archite;Ct,:represent..the"Architect's;.,be,5t,-�udg7tent as�a • data peitaining ii e�iisting"buifamgs;otheriinpiovernenis design='piafessional_faniiliar�i,,Ith"the'constfuctioh. and trees;and full information concereins;avai1able-sgrv= try:••U,isrecognized;"however, that neither the Architect= ice and'utility lines=both:ptibliC-xtirk:pct at above and =—nor the:dWner has control•over the cost of labor, Z,5 The Owner shalt furnish the.ser4 grade; g i, ,_ p. -rials•.oi•egaipmerit,over,the.Contractor ,methodsof_da:"' - 'ices rofiroil-engi` termining bid prices,orover competitive bidding,marker•-=== neers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect.Such services shall include test _ cannot and does not warrant or represent that bids or borings,test pits,sail bearing values,percolation tests,air negotiated prices will not vary from the Project budget and water pollution tests,ground corrosion and resistivity proposed, established or approved by the Owner, if any,. tests,including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil,air and water conditions,with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations, test. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing, ports as required by law or the Contract Documents, proposal or establishment of a Project budget under Sub- paragraph The Owner shall furnish all legal,accounting and in- paragraph 1.1 2 or Paragraph 2.2 or otherwise,unless such fixed limit has been agreed upon in writing and signed by surance counseling services as may be necessary at any the parties hereto. if such a used limit has been estab-• time for the Project, including such auditing services as lished, the Architect shall be permitted to include con• the Owner may require to verify the Contractor's Applies- tingencies for design,bidding and price escalation, to de- tions for Payment or to ascertain how or for what pur- termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner, tract Documents, to make reasonable adjustments in the 2.35 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2,4 through 2"7 inclusive shall be meets alternate bids to adjust the Construction Cost to the furnished at the Owners expense,and the Architect shall fixed limit.Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction, 2.9 If the Owner observes or otherwise becomes aware 3.2-3 If the Bidding or Negotiation Phase has not corn- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.1G The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the Sion of the Construction Documents to the Owner and Architect's services and of the Work the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2..31 is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3,1 DEFINITION increase in such fixed limit,(21 authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3,1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project designed or specified by the Architect scope and quality as required to reduce the Construction 3,1.2 The Construction Cost shall include at current Cost.In the case of(4),provided a fixed limit of Construe- market rates, including a reasonable allowance for over- lion Cost has been established as a condition of this Agree- head and profit,the cost of labor and materials furnished merit,the Architect,without additional charge,shall mod- by the Owner and any equipment which has been de- ily the Drawings and Specifications as necessary to comply AIA ooCUslEr s 0171•O\NER•ARCHITECT AGREEMENT•TIIIRTCCNTII EDITION•JULY 1977•Aims•0 197 6 S141-1977 THE AMERICAN INSTITUTE Or ARCHITECTS. 1735 NEW YORK AVENUE. N W, WASHINGTON. 0 C 20306 p with the fixed limit.The providing of such service shall be or extended through no fault of the Architect,compensa- the limit of the Architect's responsibility arising from the lion for any Basic Services required for such extended establishment of such fixed limit,and having done so,the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 144 for Addi- performed. in accordance with this Agreement, whether aortal Services, or not the Construction Phase Is commenced 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 . deleted or otherwise not constructed, compensation for _ DIRECT PERSONNEL EXPENSE such portions of the Project shall-be payable to the extent ,,- services are performed on such portions, in accordance _ 4.1 Direct Personnel Expense is defined as the'direct sal- with the schedule set forth in Subparagraph 142.2,based aries of all the Architect's personneL engaged on the Proj- on(7) the to+Nest bona fide bid qr negotiated proposal or, ect,and the portion of the cgst-.of their•_mandatory and._, (2) if no Such bid or proposaf is received;the mostrecent • -•customar}c contributions-and_ben fitsuela ed-thereto,such_' Statementpf Probable Construction Cost or Detailed Esti- •- ras-emTo ment taxes anej=pthers k nsc lioh"CostTor's'uchpgifons.'o'r the pipjeu�'.""`._'-' -� P Y t�+v±pry;•empfay�e Eerie-`-': mate oE-CbTi"s! - ...fits,.insurance, sick leave, hofiaa•s,,vacations, pensions 6.2-PAYMENTS ON ACCOUNT OF —an d. — •• d simifaf contributions-ari -berlfsEils—..._._,_.__._. ..... _ APAITIONA[,SERVICES - LE$ 677-=PaypTents on account of the"Architect's Additioria! Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly 5,7 Reimbursable Expenses are in addition Io the Corn- upon presentation of the Architect's statement of services. pensation for Basic and Additional Services and include rendered or expenses incurred actual expenditures made by the Architect and the Archi• 6.3 PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub, compensation on account of penalty,liquidated damages paragraphs: or other sums withheld from payments to contractors,or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable, travel; long distance communications, and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over the Project 6.4.1 If the Project is suspended or abandoned In whole 5.1,2 Expense of reproductions,postage and handling of or in part for more than three months,the Architect shall Drawings,Specifications and other documents, excluding of compensated for all the performed prior to ion or reproductions for the office use of the Architect and the abandonment,written notice from the Reimbursable of rsble suspension or Architect's consultants. abandonment, together with Reimbursable Expenses then 5.1,3 Expense of data processing and photographic pro- 10.4_aIfdthe Project as resumedsafter being suspendedafor duclion techniques when used in connection with Addi- more than three months, the Architect's compensation Ilona(Services, shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner,expense of overtime work requiring higher than regular rates. ARTICLE 7 51.5 Expense of renderings, models and mock-ups re- , quested by the Owner. ARCHITECT'S ACCOUNTING RECORDS 5.1.,6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- raining to Additional Services and services performed on limits,including professional liability insurance,requested by the Owner In excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. the O be kept on the basis of generally a accounting principles and shall be available to the Owner or the ARTICLE 6 Owner's authorized representative at mutually convenient times. PAYMENTS TO THE ARCHITECT ARTICLE B 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6,1.1 An initial payment as set forth in Paragraph 14,1 is OWNERSHIP AND USE OF DOCUMENTS the minimum payment under this Agreement, 8.1 Drawings and Specifications as Instruments of serv- 6,1.2 Subsequent payments for Basic Services shall be ice are and shall remain the properly of the Architect made monthly and shall be in proportion to services per- or whether t. the weer shall for which they permitted 1 retain is executed ps,in- formed within each Phase of services, on the basis set or not.The Owner shall be permitted to retain copies,in- forth in Article N eluding reproducible copies, of Drawings and Specifica- tions 6.1.3 If and to the extent that the Contract Time initially Ownerr''s use ndlioccupancy of therPro ecteThe Drawings connction with the established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on THE DOCUMENT AMERICAN T INSTITUTE F ARCH TEAS AGREEMENT'rNEW THIRTEENTH AVENUE, N W. •WASHINGTON,IA©.[.rj p 8147-1e77 7 other projects,for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly as- tion of this Project by others provided the Architect is not tributable to termination for which the Architect is not I in default under this Agreement,except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. tion Earn p to the time of terminatio as 0.2 Submission or distribution.to meet official regulatory .1.20 ercent if tern ination occursduring the Sche-_._._. requirements or for other purposes in connection with the matte Design Phase;or Project is not to be construed as publication..in derogation _.2 10 percent if termination occurs during the Design ,' of the Architect's rights, -=''. Development Phase;or .__.' -- " ..3.5 percent if termination occurs during any subset- - ARTICLE 4� - , _ :., `quiet phase. 9,7 All claims, elk tires TRAtIher mat eis�iri-bosh on . ....%: ART(CL1 ;T _....:-:", ,- _-_~ 71,' tinless.otherwise"s ecified,this-Agreement between the parties to this Aereement E eetial or PROVISIONS- - — _,,. '�at>.n to this Agreement theajieaeh•thereof,shalLbe_ -..- --MISCELLANEOUS PR oracle g shall 6e"°= �[id6y:ailiFti lion In accordance with the Construe- the governed-b the law Of'Mir' rinc+ ai place of business of' tin Industry,Arbitration u es,o__t e American Arbttra- ArchUect. - tiort.Asso.ciatiLSr,_.1 • •. .inin • . r. ,aa;es mom- 11.2 Terms in this Agreement shall have the same mean- gyY agree otherwise.No_arb_ r�tration,arising out of or re- ing as those in AIA Document A201, General Conditions filing to this rlgrecment s ,� •e b consolidation, of the Contract for Construction, current as of the date jof eekeror in a °I er_maee,e,z aA.L;d•1 ions person not of this Agreement, a-party_to this.Agreefent-except by written consent con- taining a specific reference to this Agreement and signed acts As between to act parties either this to this as to nt, by the Architect,the Owner,and any other person sought acts p failures to act of limitations parry h this mmenc a to to be joined, Any consent to arbitration involving an ad- any applicable statute of limitations shall commence to to ditional person or persons shall not constitute consent to have and any alleged cause d all ov events n shall l e than deemed rele- arbitration of any dispute not described therein or with vane acceuod in any and Cl events noo later than tha and any person not named or described'therein, This Agree- to any Date of or failures sal Completion of the Work,relevant as ment to arbitrate and any agreement to arbitrate with an Date ono acus sta tial Cs to act occurring,not tt later thr the rdate of additional person or persons duly consented to by the Dalc c of th Substantial Compficate,00taymr than the date of parties to this Agreement shall be specifically enforceable Issuance of the final Certificate for Payment, under the prevailing arbitration law., 77.4 The Owner and the Architect waive all rights 9.z Notice of the demand f. arbitr.tion shall be flied in against each other and against the contractors, consult- writing tw d ._,Iji�_Af reemern_andwith ants,agents and employees c the other for damages set tree Am rirara . i,•r'_r_Association, The demand shall ered by any property insurance during construction asset Con- be made within a reasonable time after the claim,dispute forth in the edition of AIA Document A201,General Con- or other matter in question has arisen. In no event shall Owner current As of the date of this require The the demand for arbitration be made after the date when Owner and the from their each shall r, coo uppnt and institution of legal or equitable proceedings based on similar waivers from their contractors, consultants and such claim,dispute or other matter in question would be agents. barred by the applicable statute of limitations. 9.3 The award rendered by the arbitrators shall be final, ARTI CLE 12 and jucTgm'enTm'ay be entered upon It�n accordance with SUCCESSORS AND ASSIGNS applicable law in any court having jurisdiction thereof.. 12,7 The Owner and the Architect, respectively, bind their partners, successors, ARTICLE f0 to he other party to s assigns anrepresentativesand al to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of 10.1 This Agreement may be terminated by either party this Agreement.Neither the Owner nor the Architect shall upon seven days' written notice should the other party without the written assign, sublet or ansfseany interest in this Agreement fail substantially to perform in accordance with its terms consent of the other. through no fault of the party initiating the termination. 702 This Agreement may be terminated by the Owner ARTICLE CLE 73 upon at least seven days'written notice to the Architect in the event that the Project is permanently abandoned EXTENT OF AGREEMENT 10.3 In the event of termination not the fault of the Ar- 13.7 This Agreement represents the entire and integrated chitect,the Architect shall be compensated for all services agreement between the Owner and the Architect and performed to termination date, together with Reimburs- supersedes all prior negotiations,representations or agree- able Expenses then due and all Termination Expenses as ments, either written or oral. This Agreement may be defined in Paragraph 10.3. amended only by written instrument signed 6 Owner and Architect. by both 8 8147-1977 AIA DOCUMENT PH)•olt NE;-AFCHI TEC/ACalAtEm•:11sFI LENI/I 7HE AMLFICCs INSTtrUrt OF ARCM rECTS. ins raw YOU: AVENUE QtN W.+Yti ASHtNC •AIAi•�79r CTOH, D 2 WCo I { ARTICLE 14 BASIS. OF COMPENSATION The Owner shall compensate the Architect for khe Scope of Services provided,in accordance with Article 6,Payments __to the Architect,and the:other Terms and Conditions of this Agreement,•as follows: __ 14,1 AN INITIAL PAYMENT of No dollars($ 0 ) shall be made upon.execution of this Agreement and credited to the Owner's account as follows: 142 BASIC COMPENSAT ON 14.2.1 FOR BASIC SERVICES,es described in Paragraphs 1.1 through 1..5,and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: tHue invert basis of compensatlo,m,inctud■ny flied 1M01 010,muttlpin or pertenNer,.and identify Phases to which psalcular method,of compenra- sIC0.aPPlerihneenrarrl _ ,_s ...... �....._ ., <:"-A total of 8. Z of Construction Cost (see Art. 3) �`� 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phase;As approprhte.l Schematic Design Phase: Fifteen percent( ,5%) Design Development Phase: Twenty percent( 20%) Construction Documents Phase: Forty percent( 40 TO Bidding or Negotiation Phase: Five percent( 5°,b) Construction Phase: Twenty percent( 20%) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 1.6,Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA THE DOCUMENT MERICAN OWNERARCIIITECY OF.ARCHITECTS..G1 3S NEW YORr:T AVENUE,EDITION w..,•wASHINGTON,MAT 0 C.Q 110e 8141.1977 • 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT,as described in Paragraph 1.7,and any other services in- cluded in Article 15 as part of Additional Services,but excluding Additional Services of consultants,Compen- sation shall be computed as follows: (Merl invert bolt of communion including rater andlor multiples of Direel Pegnnnel,ropcnte for Principals and employees.and identify Principel, and claully employeer.!Neguired Identity gar riEc.ie, ices to which particular methods of Compensation appfy.if necessary.) • Principa•l's time—ac-the fixed rate pL$30,OD per ,hour.,) For puiposes of this Agreement, the Principals include only James I9. Webb _ _V.. — .._..., - — --Roman Rol odi -- 14..4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi. tional Services,a:muialpaexst the actual amounts 3c KaVr1e15,-37iPii~,iyc billed to the Architect for such services;,--plus 207. '7) lldentil y specific types of conrulunr,in Article iftirequ+aed f•---- 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5,and any other items included In Article 15 as Reim. bursabte Expenses,axA►tkigoezf Qc )x Linsesac the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project.,plus 20%. 14,6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below,or in the absence thereof,at the legal rate prevailing at the principal place of business of the Architect. (Mete insert any rate of interest agreed upon.) fU,,r'y i ivs and requirements under Mc redeye Truth in lending AD,limiter trate and tool conrumcr credit laws and other reeuladons Jr the Owner':and Architect's principal placer of business the location or the Project and else..here may affect the validity of Ihir providan Specific legal advice should he obtained with respect 10 deletion modi(alion;or other reouiremenrr loch or written dfscfmnrct or waivers r 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially,the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within 1 )months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shalt be equitably adjusted. MA 10 0141-1977 THE D AMERICAN INSTITUTE OF ARCHITECTS. 1r751NEW YORK T AVENUE. N 1V,,WASHINGTON,AD[.�_Tepe ARTICLE 15 OTHER CONDITIONS OR SERVICES Note that special conditions of funding ultimate cost, time schedule, etc- - as set forth in letter from:William F. Baxter, Area Director to James H. Webb, Architect, and dated_February 25, 1982, is appended hereto and acknowledged herewith as setting.-forth necessary conditions to be followed in the perfor- mance of this Agreement. AIA DOCUMENT 11141•O11NER-ARCHITECT ACREE9 EHT•THIRTEENIII COITION•IULY 1977•MA4•O 1477 .-.--- THE AMERICAN INSIITUIE OF ARCHITECTS. 1775 NEW YORE AVENUE, NW, IVASIIINCTON, 0. 7MCG 8141-1977 11 1T-Zis:;R.^.....vir-: : _ .-` ?^..711: .. f'"Y, .. � _ ... C'Tp,,... 1),Mt • • • • This Agreement entered into as of the day and year first written above. OWNER (4.A.- ; ARCHITECT Of • .... �- AlA DOCUMENT M41•Ol ME-ARCHITECT AGREEMENT•THIRTEENTH EDITION•IUEY ia,`.'•AlA■•m187: 12 8141-7977 THE AMERICAN 115E1143TE or movers. TTES NEW YORK AVENUE, H.IV, WASHINGTON, OC, :CAA • OF:IAN:3E—PPRSON—CHATHAM MENTAL HEALTH CENTER Telephone 9'19-929-0471 McMasters Street Chapel Hill.North Carolina 27514 Area Director W F Baxter Jr Area Office 333 - _ February 25, 1982 - -- Mr. James Webb,.Arctrrtect77- -- . 201 East Rosemari -St.:7-7,77-.:.: _ - Chapel Hill , NC 27514 _ Dear Mr. Webb: This will formally confirm action taken by the Orange-Person-Chatham Mental Health Center Area Board in its regularly scheduled meeting of February 23, 1982, with a quorum present, to direct me to commission you to draw up architectural plans and specifications for renovation of the old Cafeteria Building adjacent to the NorthsIde Mental Health Center for the purpose of establishing a day hospital program for emotionally disturbed youth. Funding in the amount of $100,000 for the renovation costs will come from the N.C. Department of Human Resources, while $25,000 will come from the OPC-MHC. A copy of the award letter is attached for your Information. Since State funds will be used, all applicable State, Federal and local health, safety and fire standards and specifications must be met. An Important stipulation established by the Board in its approval of this project is that the ultimate final cost of construction not exceed the budgeted funds as cited above. Therefore, it will be necessary to configure the various construction/renovation costs into several alternative bid projects. In addition, we must also purchase the necessary equipment for the building out of the total amount available to us of $125,000. The program which will be housed in the renovated building is funded with monies appropriated by the N.C. General Assembly to meet the stipulations of a Federal Court Action resulting from a class action suit, known as the "Willie M." Program. As a result, we are on a very tight time frame for getting the program underway and have committed ourselves to a specific timetable to the Secretary of Human Resources and to the Governor. Therefore, at the outset, we would like a firm commitment from you to do everything within your power to help us meet the following timetable: Date Architectural Plans and Specifications Completed April 30, 1982 Bids Sought by Public Advertisement May 3,_.1982 - Bids Awarded- --- June 4,1982 – --' Construction Work Begins June 7, 1982 - _. ct1on. Wank Com leted Dece......:.:. 3 ..,98 _.- Canstru ,_.._ p __...- tuber 0 8 ..– _ _ Building °ceuRied� _ _—.. . January-7---1-5, 1983__..1.-._ . . . Please prepare..ydur. e[andard contractual agreement form and I will -- sign it sn you can commence work immediately on the plans and specifications, I look forward to working with you again. With best personal regards, I am, Sincere°�l y�, A W i l l i a m F. Bax a r, Jr. Area Director Enc. cc: Mr.. John Canupp Area Board Members Mr. Ken Thompson AMT WFB/loc ONE COUNTY BOARD OF cormIssics Action Agenda Item No.E-8 ACTION AGEIDA IMIABSTR..ACT MEET:LNG DATE April 20, 1982 Subject: 1983 Preservation Funding rDepartrrent: Board of Commissioners Hearing: yes x Attiement(S): Memo from John Little Tnformati Qn ContaCt: Clerk to the Board Phone Number: 732-8181 ext. 510 To determine if funds are available to assist in planning for preservation of the Old Courthouse. NEED: The Old Courthouse is on the National Register of Historic Places. The Old Courthouse is in need of restorative attention. IMPACT: If State funds are available for this work, financial burden for the County will be lessened. RECOMMENDATION: The Board should direct Staff to research the availability of funding for this effort & submit necessary documents requesting funds. March 10, 1982 NOR1H GIROUNN MEMORANDUM • TO: City and County Officials, Planners, Historic District OF and Historic Properties Commissions and Other Interested Pa t/s CUGURAL FROM: John J, Little, Deputy State Historic Preservation offick, RESOURCES // SUBJECT: 1983 Survey and Planning Grants Raleigh The Division of Archives and History is pleased to announce the North Carolina continuation of a preservation assistance program for 1983. Technical 27611 assistance from a staff of restoration and survey specialists, archa- eologists, a preservation planner, and an environmental review coordinator will, be available to the public. Limited federal funds may also be available for nonconstruction activities through a matching grants-in-aid program of the National Park Service, Depart- ment of the Interior. The purpose of this cooperative program between the states and federal government is to encourage public participation in the identification, evaluation, and protection of the archaeological and historic resources of the state. The information derived from Dmscnol these activities has value in community cultural and economic development, acres and History Win S Froo.Jr Direct.' Although 1983 federal funding remains uncertain, preparation for this assistance must begin early. Your interest in one of the following activities would allow the Division to assess the preservation needs of the state and focus technical assistance and any available grant money on worthy projects which have matching capabilities and are willing to begin work early in 1983. If your organization or agency would like to participate in this program of preservation assistance, please begin by filling out the enclosed Preapplication Form for one of the projects listed below. More detailed information on each project type is available upon request. Please return the Preapplication Form by May 30, 1982. If you have any questions, feel free to contact Lloyd Childers, Grants Administrator, at (919) 733-4763. PROJECT TYPES 1. Archaeological Survey: designed to locate, identify and evaluate prehistoric and historic archaeological sites, especially in areas with future development potential. 2. Architectural Inventory: identification and interpretation of historic structures in a community, county or region, This involves historical scmow Hodgkins and architectural research, mapping and preparation of a document that Secretary assesses the architectural resources of the project area. JornesB Hunt .ft Goverixx 3. Preservation Planning: depending upon prior preservation activity, a project may consist of a thorough planning exercise or the execution of one or more preservation strategies. An architectural inventory must always precede a plan. 4E. (Over) . . PRESERVATION ASSISTANCE PREAPPLICATION Fiscal Year Deadline: MAY 30,1982 1983 Please use this Preapplication form to indicate your interest in the Preservation Assistance Program for 1983. After review by the Division of Archives and History, your project may be included in the 1983 Application for Federal Assistance to the National Park Service, U. S. Department of the Interior. If federal assistance becomes available, you may be requested to submit additional information I. APPLICANT INFORMATION Name: Address: - Telephone: Business ( ) Home ( ) Applicant Organization or Agency II. PROJECT INFORMATION (Check one) Type: Archaeological Survey _Preservation Plan Architectural Inventory Predevelopment Project Title: - Local Matching Funds: Source: (public funds, private donations, state appropriation, other) Date Available: Project Schedule: Estimated Beginning Date (after 1-1-83) Estimated Completion Date (approximately one year) North Carolina Division of Archives and History Department of Cultural Resources 109 East Jones Street,Room 214 Raleigh,North Carolina,27611 (919)733.4763 * III. PROJECT BUDGET (estimates should include both grant and matching funds) Persoual Services Office Space _- Travel & Per Diem .— Supplies/Materials- Equipment (purchase or rental) Printing and Binding Contractual Services Other (specify) TOTAL Requested Grant Amount $ Available Matching Budget notes: (1) matching funds should constitute 30-50% of total project costs (2) in-kind services may constitute up to 20% of essential project costs, provided they are properly documented with wage rate and time sheets (for donated labor) or fair rental (or purchase) value and use records (for donated material or equipment use). (3) because of limited funding capacity, indirect costs will not be an eligible project expense. IV. ABSTRACT OF PROPOSED PROJECT . , . . .. . , U0947 Li•J ORANGE COUNTY BOARD OF CMAISSIONRS ActiOn Agenda .. .. Item No.E-9 ACTXON AGENDA 71724 ABSTRACT TlEE=G DATE, 4/20 82 Subject: Housing Rehabilitation Contract Awards D,,partment: Community Development . ] Public Hearing: yes ' v flO .•. • . Attachmestt(S): ' Information Contact: Albert Kittrell Bid Results Phone Ntraoe.r: 427 , . • . . - .. ' • . ParPose: Award of five housing Rehabilitation Contracts. . , . , Peed: Sealed Bids were received and opened on April 5, 1982. , Attached is a tabulation of the bids by dwelling unit numbers. ; . Impact: Award of contract to the lowest bidder will be consistent with present housing rehabilitation bid procedure. . . Pecommention(s) : DU # Street Contractor Bid Amount 99 Faucette Mill Rd Morrow Construction $ 2,215.00 68 Dixie Avenue McDuffie Construction 5,365,00 81 Daye Street Frank Griffin 5,935,00 142 Harper Street McDuffie Construction 6,860.00 79 Daye Street McDuffie Construction 8,085.00 & � ��`� � ~- o� � " ~' «� «� ^' R RESULTS OF BID OPENING APPLICATION NUMBER 99 [ /NER:� np", ~ n~~�~, - ADDRESS: P.O. Box 715, Hillsborough, COST ESTIMATE: 2'392,00 PERCENTAGE OF BID OVER UNDER 7'40 COST ESTIMATE CHECK ONE: JOB BID I x 1 JOB NEGOTIATED � } BID AMOUNT l' McDuffie Construction 2'385'00 2. Gates Construction 3,526.00 3. Taylor Home Improvement 2,785.00 . 4' Morrow Construction 5. Temco Construction _ ».zso'oo Frank Griffin Associates 2,e75'00 • Bids opened by: Robert Wilson Time of Bid Opening: 3:00 p.m. Date of Bid Opening: A.ril 5 1982 Witnessed by: Wilbert McAdoo °°°°°°+++°+°*°++4°°^°°°°°*°*°++°°**°~°°~°°°*+^°°°°°~+*°°*°°°°°*°°°°°^°*°^+*°°*°° Lowest Acceptable Bid: 2,215.00 Negotiated Amount: 'N/A Contractor: Eu.ene H. Morrow NAME Rt. 2 Box 394 ^ o ADDRESS 563-3023 PHONE NUMBER COMMENTS: ' ~7 �7 / ' �� /�y��y DATE Submitted by: / ' ^"`°'°�° ! . Bid Approved by: Not Issued | \ Proceed Order: Issued i � Mo COMMENTS: o 0 9 4 9 6 q RESULTS OF BID OPENING OWNER: Percy Poteat APPLICATION NUMBER 68 ADDRESS: P.O. Box 416, Hillsborough, NC COST ESTIMATE: 4,835.00 PERCENTAGE OF BID OVER 9.88 UNDER COST ESTIMATE CHECK ONE: JOB BID x JOB NEGOTIATED 1 I COMPANY BID AMOUNT 1 McDuffie Construction 5,365.00 2, Gates Construction 6,148.50 3, Taylor Mime Improvement 7,180.00 4, Morrow Construction 5,800.00 5 , Temco Construction 6,604.00 Frank Griffin Associates 6,335.00 Bids opened by: Robert Wilson Time of Bid Opening: 3:00 p.m. Date of Bid Opening: April 5, 1982 Witnessed by: Wilbert McAdoo ********************************************************************************* Lowest Acceptable Bid: 5,365.00 Negotiated Amount: N/A Contractor: McDuffie Construction Company NAME Rt. 4, Box 402, Hillsborough, NC 27278 ADDRESS 732-6901 PHONE NUMBER • COMMENTS: Submitted by: 7/— ,4,/,7 -(// DATE: Bid Approved by: Proceed Order: Issued ] I Not Issued 1---1 COMMENTS: 00950 ,.. 1 1 6 - it2 ?, - L4( RESULTS OF BID OPENING OWNER: George Brown ________ APPLICATION NUMBER 81 _ ADDRESS: Rt. 2, Box 237, Hillsborough, NC COST ESTIMATE: 6,942.00 PERCENTAGE OF BID OVER , UNDER 14.51 COST ESTIMATE CHECK ONE: JOB BID I x j JOB NEGOTIATED I 1 COMPANY BID AMOUNT I. McDuffie Construction 8,370.00 2. Gates Construction 8,665.20 3 Taylor Home Improvement 7,780.00 4, Morrow Construction 7,900.00 5, , Frank Griffin Associates 5,935.00 Bids opened by: Robert Wilson Time of Bid Opening: 3:00 ..m. Date of Bid Opening: April 5, 1982 Witnessed by: Wilbert McAdoo ********************************************************************************* Lowest Acceptable Bid: 5,935.00 t Negotiated Amount: , N/A Contractor: Frank Griffin NAME Rt. 5, Box 674 Greensboro, NC ADDRESS 375-5353 PHONE NUMBER COMMENTS: , Submitted by: /..4 7/ , ,,,., (---- ...., DATE: Bid Approved by: Proceed Order: Issued I j Not Issued F----1 COMMENTS: � �8� � � ��^� �� ~~ &� � v~� � « »" o��� 4F�1 ' [}\J"`'' ./ / RESULTS OF BID OPENING OWNER: z«u EK� James Cotton APPLICATION NUMBER ADDRESS; P.O. Box 743' Hillsborough, NC COST ESTIMATE: 7'5179_nn PERCENTAGE OF BID OVER 11'12 UNDER COST ESTIMATE CHECK ONE: JOB BID I X 1 JOB NEGOTIATED I | COMPANY BID AMOUNT l. acourfie Construction - 8,860.00 2' Gates Construction . 9,840.44 3. Taylor Home Improvement 11,100'00 4. Morrow Construction 11,000.00 5. . crmco Construction 9,957.00 Frank Griffin Associates 9,475.00 Gids opened by: Robert Wilson Time of Bid Opening: Date of Bid Opening: April 5, 1982 . Witnessed by: Wilbert °°+*°*°+++°^*+**+^++**°++*°°^*+*°*^**+*°*°**°°°°°*°*~°*°"°*°°°+^°~°*+~°~°°+°°°*^° LoweSt Acceptable Bid: 8,860.00 Negotiated Amount: __. N/A Contractor: , Construction ' e NAME Rt. 4, Box 102, Hillsborough, NC 27278 ADDRESS 732-6901 � . - PHONE NUMBER COMMENTS: ' DATE: _r��—�—_ e2L� /, Submitted by: /r >~�n*�"~y ' Bid Approved by: . Not Issued 7---� Proceed Order: Issued � | Nn . . COMMENTS: uwi52 ba4 — /62 2, — 1-10 RESULTS OF BID OPENING OWNER: Willie Gattis " APPLICATION NUMBER 79 ADDRESS: P.O. Box 774 Hillsborough, NC COST ESTIMATE: 7,954.00 PERCENTAGE OF BID OVER 1.63 UNDER COST ESTIMATE CHECK ONE: JOB BID I x 1 JOB NEGOTIATED F1 COMPANY BID AMOUNT L McDuffie Construction 8,085.00 2. Gates Construction 9,118:70 3. Taylor Home Improvement 10,220.00 4. Morrow Construction 8,900.00 5, , Temco Construction 9,570.00 Frank Griffin Assocaites 7,995.00 Bids opened by: Robert Wilson Time of Bid Opening: 3:00 •.m. Date of Bid Opening: April 5, 1982 Witnessed by: Wilbert McAdoo ********************************************************************************* Lowest Acceptable Bid: 8,085.00 Negotiated Amount: , N/A Contractor: McDuffie Construction NAME , Rt. 4, Box 402, Hillsborough, NC 27278 ADDRESS 732-6901 PHONE NUMBER COMMENTS: Frank H. Griffin Associates was low bidder on DU 079 & 81. Department policy states, upon initial enrollment a contractor will be awarded only one (1) job until his performance can be monitored. (Frank Griffin Associates has not performed any jobs under the County's program). McDuffie Construction was the second lowest bidder, the contract should be awarded to this company. Frink Griffin Associates should be awarded a contract for DU # 81. Submitted by: ---77e1 DATE: Bid Approved by: Proceed Order: Issued Not Issued COMMENTS: nri EORD , CF Ca Z.LISSIC :,-72S Aeition Ager.,.-2a ef .) ITE2,1 iThC r.777777,7,7.3 DATE April 20, 1982 Subject.: Proposed Damascus Fire District Emergency Services yes J Public El= 7-ing: Attachnt(s) : information Contact: Bobby Baker 732-8181, ext. 501 Yes,Resolution Phone Dhrrher: PL7,..POSE: To consider calling a special election on the question of creating the fire district. NEED: On April 5, 1982, the Board accepted a petition fin residents and agreed to call a referendum on the fire tax. It was thought that the referendum could be held with the 1982 Primary Election. However, it is now know that the Primary will occur too late. Specifically, the outcome of the referendum together with cost estimates for fire service would have to be known prior to June 22, 1982, so that a budget and fire tax rate could be adopted within the prescribed time limit. 7wmA.Cm: Since the number of persons voting on the fire tax would be small, expense of holding the election would be minimal. REMEENDATION: 1. Approve the attached Resolution; 2. appoint three to five interim trustees who could recommend methods of providing the fire protection and a budget. W Z)� ' NORTH CAROLINA ' » RESOLUTION t ' ORANGE COUNTY xxERE45 pursuant to N.C. Gen. Stat. §69-25.1 a petition has been submitted to the Board of County Commissioners of Orange County for the establishment of the D[}mSCU5 FIRE DISTRICT and for the calling of an election in the said District for the purpose of submitting to the qualified voters therein the question of levying and collecting a special tax on all taxable property in said District, of not exceeding fifteen cents ($ .15 on each one hundred dollars ($100.00) valuation of property for the purpose of providing fire protection in said District; and WHEREAS as required by N.C. Gen. Stat. §69-25'1 , the said petition for the DEHASCUS FIRE DISTRICT has been signed by fifteen percent (l}%) of the resident freeholders living in the said District; and WHEREAS the Board of County Commissioners has consulted with the Orange County Board of Elections with respect to a date for the election aforementioned; IT IS THEREFORE RESOLVED as follows: 1. The Orange County Board of Elections is respectfully directed to hold and conduct an election in the n[MASCVS FIRE DISTRICT for the purpose of determining those in Favor and those against levying a tax in said District for fire protection therein. Said election shall be held pursuant to the relevant provisions of N.C. Gen, Stat, §69-25-1 at seq and N.C. Gen. Stat. §163-1 at seq. 2. The date and time for the election set out above shall be on the earliest date possible pursuant to the North Carolina General Statutes. 3. The Orange County Board of Elections shall cause a notice to be published in the Chapel Hill Newspaper within the time required by the North Carolina General Statutes, advertising the said election as provided by law and advertising the fact that all unregistered voters in the said District must register within the time permitted by law in order to be eligible to vote in the said elections. 4. The Orange County Attorney shall cause a copy of this resolution to be delivered to the Orange County Board of Elections by delivering same to its Executive Secretary. • 00'855 iJiU Upon motion duly made and seconded, the foregoing Resolution was passed by the following vote: Ayes: Commissioners Whitted, Gustaveson, Marshall, Walker and Willhoit Noes: None I, Paulette Pridgen-Pond, Clerk to the Orange County Board of Carmissioners, CO HEREBY CERTIFY that the foregoing is a true copy of so much of the recorded proceedings of a meeting of the Orange County Board of County Corrrnissione_rs held on April 20, 1982, as it relates to the resolution hereinabove set forth. WITNESS my hand and the official seal of the said Board this the 4/ day of April, 1982. (:?te &.1 t •aulette Pridgen 'and, Clerk to the Or-- ge County Board of Courrdssioners