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HomeMy WebLinkAboutAgenda - 04-05-1993 - III-E 1 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 5, 1993 Agenda Abstract Item # 3211E-E SUBJECT: HISTORIC INVENTORY GRANT - PHASE III DEPARTMENT: Planning PUBLIC HEARING: Yes_X_No ATTACHMENTS: INFORMATION CONTACT: 3/15/93 Notification Letter Planning Director X2592 Grant Project Outline Certification of Matching Funds PHONE NUMBERS: Subgrant Agreement Hillsborough 732-8181 Grant Application Mebane 227-2031 CLG Status Notification Letter Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To consider accepting a $15,000 Survey and Planning Grant from the State Historic Preservation Office. BACKGROUND: At its January 19, 1993 meeting, the Board of Commissioners authorized the County Manager to apply for up to $15,000 from the Survey and Planning Grant Program administered by the State Historic Preservation Office. The amount would be used to conduct an inventory of archaeological sites in the unincorporated portions of Orange County and prepare the manuscript for the countywide inventory. Refer to the attached application for complete project description. The Planning Director was notified on March 15, 1993 that the application had been approved. To receive the grant, the County must sign the attached Subgrant Agreement and provide certification of matching funds. This must be accomplished by April 15, 1993. The County share would consist of $15,000 cash and a $5,200 in-kind contribution. Professional services funds requested as part of the Planning Department's FY 1993-94 budget would be used to cover the cash match. The in-kind contribution includes supplies and equipment expense, and Planning Department staff time on the project. Personnel and operating expenses will be covered in the FY 1993-94 Planning Department budget. No increase in staff/operating expenditures will result from the inventory project. 2 The grant awarded by the State Historic Preservation Office comes from funds reserved for Certified Local Governments (CLGs) . Concurrent with Orange County's grant application, application was made for designation of Orange County as a CLG. Notice was received on March 11, 1993, that the State Historic Preservation Office intends to certify the County, provided the National Park Service of the U.S. Department of Interior has no objections. Although none are expected, the actual awarding of the funds cannot occur until such certification is official. At its March 24, 1993 meeting, the Historic Preservation Commission voted unanimously to recommend acceptance of the grant award. RECOMMENDATION: The Administration recommends that the County Manager be authorized to sign the Subgrant Agreement and provide certification of matching funds. 3 `444'."' -. North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director March 15, 1993 Mr. Marvin Collins Orange County Planning Director 306F Revere Road Hillsborough, NC 27278 Re: Orange County Survey/Manuscript/Archaeology Grant Amount: $ 15, 000 (CLG) Dear Mr. Collins: Congratulations! Your application for a 1993 historic preservation grant is one of twenty-three selected for funding from among forty-four proposals. Grant funds are made available to the State Historic Preservation Office, Division of Archives and History, from the Historic Preservation Fund (HPF) administered by the U. S. Department of the Interior, National Park Service. This year approximately $70, 000 will be awarded to county and municipal governments participating in the Certified Local Government (CLG) program, and $61, 000 has been reserved for non- CLG entities. Funding is targeted for archaeology, restoration, architectural survey, and nominations to the National Register of Historic Places. In addition, grant funds are being made available for a revised publication on easements. The enclosed Grant Project Outline, based on your grant application, will provide a brief summary of anticipated activities and costs related to your project. To convey your acceptance of the grant, with its related conditions, please sign both copies of the enclosed Subgrant Agreement and the Certification of Matching Share Form and return them by April 15, 1993 to: Lloyd D. Childers, grants administrator, State Historic Preservation Office, Division of Archives and History, 109 East Jones Street, Raleigh, NC 27601-2807. Ms. Childers may be contacted by telephone at 919/733-4763 . X74\ 109 East Jones Street • Raleigh, North Carolina 27601-2807 VoOte 4 Mr. Marvin Collins March 15, 1993 Page Two Under separate cover you will receive a Grantee Handbook and information about a Grants Workshop to be held in Raleigh on Thursday, April 29. During that meeting, Secretary of the Department of Cultural Resources, Betty Ray McCain, will present Grant Award Certificates. I hope that you or your designee will be able to join us for the ceremony and take advantage of the workshop opportunity. Thank you for participating in the North Carolina historic preservation program. We look forward to working with you through the successful completion of your project. Sincerely, (P.)11(91'6444 LI William S. Price, J . State Historic Preservation Officer WSPJr:ro Enclosures cc: Lloyd Childers 5 North Carolina State Historic Preservation Office GRANT PROJECT OUTLINE Date: March 15, 1993 PROJECT NAME & TYPE: Phase III of Orange County Historic Resources Inventory: Archaeological Survey and Historic Architectural Survey Manuscript Preparation CONTACT PERSON/ADDRESS/PHONE: Marvin Collins, Planning Director 306F Revere Road, Hillsborough, NC 27278 919/732-8181, Ext 2592 STAFF SPECIALIST(S) : Dolores A. Hall (for archaeology) Catherine Bishir (for survey manuscript) GRANT FY: 1993 BEGINNING/ENDING DATES: To begin as soon as possible and end by September 30, 1994 TOTAL COST: $ 35,200 FEDERAL SHARE: $ 15, 000 MATCH: $ 20, 200 BUDGET: Personnel: Principal Investigator $ 19,410 Project Assistant (archaeologist) 6, 340 Secretary 1, 800 (in-kind) Project Coordinator 1,800 (in-kind) Office Space 600 (in-kind) Telephone 200 (in-kind) Travel and Per Diem (3 ,333 mi. @ .225/mi. ) 750 60 days @ $55/day 3, 300 Film and Processing 300 ($100 in-kind) Office Supplies and Maps 250 (in-kind) Printing and copying 200 (in-kind) Report Preparation/Production 250 (in-kind) $ 35,200 PROJECT DESCRIPTION: This project is the third phase of the Orange County historic resources effort. The project will involve two components: (1) completion of the research, editing, writing, and preparation of a manuscript resulting from the architectural survey of the county and suitable for publication. This component will undertake the additional historical research on the county's development and individual sites and communities sufficient to produce a publishable manuscript and is expected to cost a total of approximately $11,500 of actual cash (2) archaeological survey of selected areas within the county. The archaeological survey will be coordinated through the Research Laboratories of Anthropology at UNC-Chapel Hill. This component will involve the remaining cash. In-kind services will apply to both components. 6 STATE HISTORIC PRESERVATION OFFICE CERTIFICATION OF MATCHING SHARE FORM for HISTORIC PRESERVATION FUND GRANTS PROJECT: Orange County Survey/Manuscript/Archaeology GRANTEE: Orange County, NC CERTIFYING OFFICIAL/TITLE: John M. Link, County Manager ADDRESS/PHONE: PO Box 8181 , Hillsborough, NC 27278 919/732-8181 CERTIFICATION STATEMENT: As the official representative of the GRANTEE listed above, I certify that the required nonfederal funds, consisting of $ 15.000 in cash, and ( if applicable) $ 5,200 of in-kind services, are available to match the Historic Preservation Fund grant which is reserved for the project noted above. I further certify that this matching share has not been designated for any other purpose. I understand that all costs charged to the grant project will be in payment of budget items approved by the State Historic Preservation Office, and which occur during the project period. An adequate financial management system (and audit procedure when deemed applicable) will be maintained which provides efficient and effective accountability and control of all property, funds and assets Notice to non-governmental grantees: please attach a statement of deposit from a local bank (prepared on bank letterhead) verifying that funds are available. NOTE: Orange County's matching share (cash and in-kind) has been included as part of the FY 1993-94 budget.. The Board of Commissioners is expected to approve the budget on or before June 30, 1993. Upon approval , the certifying official will provide a copy of the approved budget ordinance to the State Historic Preservation Office. Signed: Date: April 6, 1993 7 STATE HISTORIC PRESERVATION OFFICE DIVISION OF ARCHIVES AND HISTORY NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES EMIGRANT AGREEMENT This Subgrant Agreement is entered into this 15th day of March, 1993 by the State Historic Preservation Office (HPO) , hereafter known as the HPO, and Orange County, Grantee, for and in consideration of a federal grant in the amount of $15, 000 (fifteen thousand dollars) , for the purpose of manuscript preparation of the Orange County architectural survey, and conducting an archaeological survey of selected areas within Orange County. The project must be completed no later than September 30, 1994. SUBGRANTEE STANDARDS: The Subgrantee agrees to: have a satisfactory record of performance; comply with the required completion schedule for the project; conform with debarment requirements; and be otherwise qualified and eligible to receive a grant award under applicable laws and regulations. AGREEMENT: The Subgrantee agrees to match the grant with funds or services from nonfederal sources within the grant period, to use grant and matching funds or services for the purpose specified above, and to furnish, such reports and documentation, financial or otherwise, as may be specified by the HPO. Project activities shall be performed according to the Secretary of the Interior's Standards for Archaeology and Historic Preservation, under the guidelines and professional supervision of the HPO. APPENDIX FOR SUBGRANT AGREEMENTS: The Subgrantee agrees to the stipulations contained in the attached "Appendix for Subgrant Agreements" . The Appendix shall be attached to all contracts involving project activities. PAYMENT OF GRANT FUNDS: The HPO agrees to reimburse the Grantee up to 60% of all expenditures for the project as described. Upon request the HPO may advance the Grantee up to 25% of the HPO's share of the project cost. After satisfactory documentation of this advance, including at least 40% matching share, additional advances may be requested. Final payment of grant funds will be paid only after satisfactory project completion. GRANTEE STATE HISTORIC PRESERVATION OFFICE John M. Link, County Manager Signature and title Deputy State Historic Preservation Officer April 6, 1993 Date Date 8 APPENDIX for_ • SUBGRANT AGREEMENTS . The following stipulations apply to all subgrant projects funded in part by federal Historic Preservation Fund (HPF) monies awarded to the North Carolina Department of Cultural Resources, Division of Archives and History, State Historic Preservation Office (HPO) , by the U. S. Department of the Interior, National Park Service. Questions about the application of these conditions to specific projects are available from the HPO project specialists or from Lloyd D. Childers, Grants Administrator, State Historic Preservation Office, 109 East Jones Street , Raleigh, NC 27601 -2807 . Telephone: ( 919) 733-4763 , FAX: ( 919) 733-8653 . 1 . PROCUREMENT: Subgrantees must forward to the HPO evidence of compliance with Federal competitive procurement requirements for professional services and subcontracts prior to reimbursement , if applicable. 2. RETENTION OF RECORDS: Acceptable federal and nonfederal share supporting documentation must be submitted prior to reimbursement , if applicable. Documentation includes : copies of contract , timesheets, front and back of canceled checks (or computer printouts) , invoices, etc. 3 . CHANGES. IN SCOPE: The approved scope of work, products, - budget and performance/reporting milestones included in the contract cannot be changed without prior written approval from the HPO. 4. LOBBYING PROHIBITED: Subgrantees must conform with the following text of 18 U.S.C. 1913 , which prohibits the use of the subgrant funds for lobbying: No part of the money appropriated by any enactment of Congress shall , in the absence of express authorization by Congress, be used directly or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or writteri .matter, or other device, intended or designated to influence -in any manner a Member of Congress, to favor or oppose by vote or otherwise, any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such ' legislation or appropriation; but this shall not prevent officers or employees of the United States or its Department or agencies from communication to Members of Congress on the request of any Member or to Congress, through the proper official channels, requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business. 9 Appendix for Agreement Page 2 5. NONFEDERAL AUDIT: Subgrantees are responsible for obtaining audits in accordance with the Single Audit Act of 1984 for State or local governments, or the audit requirements of OMB Circular A-110 for universities and nonprofit organizations. The audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial and compliance audits. 6. PUBLICATIONS: Acknowledgment of federal grant assistance should be made in connection with—the publication of any material based on, or developed under, any activity supported by HPF grant funds, as follows: The activity that is the subject of this (type of publication) has been financed (in part/entirely) with federal funds from the National Park Service, Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior. NOTE: The design and content of any publication produced from a survey of architectural or archaeological resources must be reviewed and approved by the HPO prior to its printing. 7 . SUSPENSION OR TERMINATION OF SUBGRANT: Voluntary and involuntary suspension or termination of the subgrant , in whole or in part , by either the State or subgrantee may occur at any time prior to the date of project completion. 8. STANDARDS FOR FINAL PRODUCTS: Final products which do not conform to the terms and conditions of the grant agreement or which do not meet the applicable Secretary of the Interior's "Standards" will not be reimbursed. 9 . EQUAL OPPORTUNITY: Subgrantee must comply with Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973 10. OTHER REQUIREMENTS: In addition to the terms detailed in this. Subgrant Agreement , all federal requirements governing grants are applicable. (OMB Circulars A-87 or A-121 , A-102 or A-110, and A-128) 10 1993 CLG SURVEY AND PLANNING GRANT APPLICATION State Historic Preservation Office North Carolina Division of Archives and History I. PROJECT INFORMATION (Please type or print with black ink) Project Title: Phase III of Orange County Historic Resources Inventory Project Type: Archaeological Survey: X Architectural Survey: National Register Nominations: Other (specify) :_Inventory Manuscript_ Local Matching Funds: (non-federal) Attach separate list of necessary Donor: Orange County Source: General Fund Date Available: Available now but also on 7/1/93 Kind (cash/other) : Cash Amount: $15,000 II. APPLICANT INFORMATION Contact Person: Marvin Collins Title: Planning Director Address: 306F Revere Road, Hillsborough, N.C. 27278 Telephone(s) : 919/732-8181 Extension 2592 FAX: 919/644-3002 Applicant Organization or Agency: Orange County Certified Local Government (date application/certification) : 1/20/93, Local Project Coordinator: Same as Contact Person (see above) Address: Telephone: John Link Count Mana.er 1 20 93 SIGNATURE AND TITLE: Officer of Sponsoring Organization DATE III. ABSTRACT OF PROPOSED PROJECT: On a separate sheet of paper, please describe in one well developed paragraph ' exactly what will be accomplished with the grant and matching funds, including in-kind. Applications for architectural surveys should include an estimate of the number of acres and properties to be surveyed. Historic Preservation Office staff are available for assistance in developing the project description, including an estimated budget. This abstract may also include one or two other paragraphs describing methods to be employed or information on how the proposed project fits into an overall plan of preservation activities for your community. For example, if this is Phase II of a four-phased action plan, what was Phase I and when was it completed, and how will Phases III and IV build on Phases I and II? PLEASE LIMIT THE ABSTRACT TO THREE DOUBLE-SPACED TYPEWRITTEN PAGES. 11 since the inception of its comprehensive planning program, a goal of Orange County has been the completion of detailed inventories of its cultural, historical, recreational, biological, and geological resources. In 1986, the Planning Department completed a general listing of such sites in the unincorporated portions of the county. While some field surveys were conducted for site verification purposes, the listing was based exclusively on existing documentation. In 1988, a Master Recreation and Parks Plan was prepared for orange County. During the same year, the Triangle Land conservancy completed an Inventory of Natural Areas and wildlife Habitats of orange County. These studies provided the detailed inventory of recreational, geological, and biological sites. consistent with the above goal, in January, 1991, orange County applied for Survey and Planning Grant Funds to undertake an inventory of historic sites and structures in the unincorporated portions of Chapel Hill Township, the most populous and urbanized of the county's seven townships. Following notice of the grant award in May of 1991, the inventory project was begun in December and completed in June of 1992. Based on the inventory conducted by the consultants, the area contained 159 structures of significance. The Chapel Hill Township inventory was the first of a four-phase project. The second phase, and the one for which Planning and Survey Grant Funds are being used now, consists of an inventory of the remaining unincorporated portions of the county. Notice of the grant award occurred in May, 1992, and contracts with the consultants were signed in December. To date, a planning phase and four of 13 phases of the comprehensive survey have been completed. When completed in July of 1993, approximately 700 sites of historical significance will have been identified and surveyed. As noted in the 1992 grant application, the third phase, and the one for which Planning and Survey Funds are being requested, will consist of two parts, including the publication of a county-wide inventory and an inventory of archaeological sites. 12 Although orange County will seek the support of municipalities and private interests in the actual publication of the inventory, funds are being requested to employ a consultant to prepare the manuscript and collect photographs for the inventory document. A consultant will also be sought to undertake the archaeological survey. The survey is a spin-off of the historic sites/structures inventory in that a doctoral candidate at the University of North Carolina was employed as an intern by the Planning Department to follow behind the work of the consultants in the Chapel Hill Township survey, seeking to identify archaeological sites at each location which may be worthy of more detailed investigation. The intern is also reviewing the existing record of archaeological sites in the county in order to assess their potential relative to National Register criteria. The work of the Planning Intern will be incorporated into the survey strategy described below, and known sites that appear eligible for nomination to the National Register will be investigated to determine their current status. The archaeological survey for which funds are requested will seek to identify and assess archaeological sites to compliment the architectural survey which is currently being conducted in the remaining portions of the county. The survey will be accomplished by background research and a reconnaissance level survey to identify areas with a high probability of containing prehistoric and historic sites. High probability areas will be further subjected to intensive surface survey as well as shovel and auger testing where ground surface conditions prevent a surface appraisal. In addition, the Planning Department will identify sections of the county where future development is likely to occur. These areas will also be subjected to intensive surface survey. Local artifact collectors and other persons knowledgeable of archaeological and historic sites in orange County will be interviewed and their collections inventoried. All sites recorded will be subjected to a preliminary 13 evaluation in terms of their potential for meeting criteria of eligibility for inclusion on the National Register of Historic Places. After the field survey is completed, a final report will be prepared in accordance with guidelines provided by the Office of State Archaeology. The results of the archaeological survey as well as the architectural survey will be used in completing the fourth phase of Orange County's program, curently scheduled for 1994. That phase will consist of preparation of an Historic Preservation Element as part of the Comprehensive Plan and nominations for the National Register of Historic Places. With the assistance of a consultant, the Planning Department will prepare the Historic Preservation Element. The consultant will also prepare the National Register nominations. All phases will be subject to local funding approval as well as the availability of Planning and Survey Grant Funds. It should be noted that this application is for CLG Survey and Planning Grant Funds. Although Orange County has not been designated as a CLG, it will submit an application for such designation concurrently with this grant application. If CLG designation is not made, Orange County requests that this application be considered for non-CLG Survey and Planning funding. 14 1993 CLG SURVEY AND PLANNING GRANT APPLICATION FORM Page 2 IV. BUDGET: AN ESTIMATE OF PROJECT COSTS * (1) (2) Line Items Grant Funds Cash Match In-Kind Match Total Principal Consultant/ _$ 9,705_ _$ 9,705 $ 19,410 Investigator Secretary 1,800 1,800` Project Coordinator 1,800 1,800 Other Personnel (specify) 3, 170 3, 170 6,340` Assistant to Principal Consultant Office Space 600 600` Telephone 200 200 Travel and Per Diem 3,333 miles @ .225/mile 375 375 750 30 days @ 55/day X 2 1,650 1,650` 3,300` Film and Developing 100 100 100_ 300` Office Supplies/Maps 250 250 Advertising Costs Camera (purchase/rental) Printing and Copying 200 200 Other (specify) 250 250_ Postage TOTALS $ 15,000 _$ 15,000_ $ 5,200 $ 35,200` * Budget Notes: (1) Cash funds must be available for payment of salaries, travel, film and developing. Be sure that grant funds are matched with sufficient non- federal cash match to meet this requirement. (2) In-kind contributions could include office space, telephone costs, photocopying, supplies, indirect costs and project coordination, provided they are essential to the project and properly documented. Matching funds must constitute 50% of actual costs. Send by January 31, 1993 (With Equal Opportunity Statement) to: Lloyd Childers, State Historic Preservation Office N.C. Division of Archives and History 109 E. Jones Street, Raleigh, N.C. 27601-2807 15 • North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director March 11, 1993 Mr. Moses Carey, Jr. , Chairman Board of County Commissioners PO Box 8181 Hillsborough, NC 27278 Re: Certified Local Government (CLG) Status, Orange County Dear Mr. Carey: This is to inform you that it is our opinion that the County of Orange meets the minimal requirements for Certified Local Government status as provided in the National Historic Preservation Agreements Act of 1980 (36 CFR Parts 61.5 and 61.7) . A copy of the • completed forms and information which you submitted to us has been sent to the National Park Service Office in Atlanta where staff will review and approve the application. Enclosed is a partially-completed Certification Agreement. Please review and sign it yourself, pass it on to Todd Dickinson for his signature, then return it to Lloyd D. Childers, CLG Coordinator, State Historic Preservation Office at the address below, who will forward it to me for my signature. We wish to acknowledge the efforts of Marvin Collins, Planning Director, in completing the CLG process. His responsiveness and cooperation have assisted us in our processing and review of the Orange County application. 74X-\ 109 East Jones Street • Raleigh, North Carolina 27601-2807 16 Mr. Moses Carey, Jr. Page Two March 11, 1993 If you, Mr. Collins, or any commissioners have questions or comments, you may contact Ms. Lloyd Childers, CLG Coordinator, at 919/733-4763 . Sincerely, • )1( rp , VAAA • AA William S. Price, J . State Historic Preservation Officer WSPJr:ro Enclosure cc: Mr. Cecil McKithan, Chief National Register Programs Division Mr. Todd Dickinson, Chairman, Historic Preservation Commission Mr. Marvin Collins, Planning Director Ms. Lloyd Childers, CLG Coordinator State Historic Preservation Office • Ms. Melinda Wall, Preservation Planner State Historic Preservation Office 4 • STATE 4 17 g 4." f • North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director • March 11, 1993 Mr. Cecil McKithan, Chief National Register Programs Division Southeast Regional Office National Park Service 75 Spring Street, SW Atlanta, GA 30303 Re: Certified Local Government Status, Orange County, North Carolina Dear Mr. McKithan: Enclosed is a copy of the application submitted to us by Orange County, North Carolina, requesting Certified Local Government status, and a copy of5 the Certification Agreement that we sent to the chief local elected official for his signature and that of the chairman of the Orange County Historic Preservation Commission. It is our opinion that this locality meets the requirements for certification as provided in the National Historic Preservation Agreements Act of 1980 (36 CFR parts 61.5 and 61.7) . The county does not wish to assume expanded responsibilities. Commission members include an archaeologist and an architectural historian who are qualified to comment on National Register nominations. Unless we receive comments or questions to the contrary from your office within 15 days of your receipt of these materials, it is our intention to certify Orange County. If you or your staff need additional information, please contact Lloyd Childers, CLG coordinator, with the State Historic Preservation Office at 919/733-4763. • cie 109 East Jones Street • Raleigh, North Carolina 27601-2807 18 t Mr. Cecil McKithan Page Two March 11, 1993 Thank you for your consideration of this application. Sincerely, ittO■iuk t, William S. Price, Jr. State Historic Preservation Officer WSPJr:ro Enclosure cc: Moses Carey, Jr. , Chairman Board of County Commissioners John M. Link, Jr. , County Manager Marvin Collins, Planning Director Todd Dickinson, Chairman, Historic Preservation Commission Dolores Hall, Archaeologist Lloyd Childers, CLG Coordinator Melinda Wall, Preservation Planner • frd North Carolina Department of Cultural Resources James B. Hunt, Jr., Governor Division of Archives and History Betty Ray McCain, Secretary William S. Price, Jr., Director April 14, 1993 Mr. Frank Miele, CLG Coordinator National Register Programs Division Southeast Regional Office National Park Service 75 Spring Street, SW Atlanta, Georgia 30303 Re: Cer ifi .tion Agreement, Orange County, NC Dea Ms . Miele: Enclosed is a signed copy of the CLG Certification Agreement between the Division of Archives and History and the County of Orange, North Carolina. The effective date of the Agreement is April 13 , 1993 . Please feel free to contact me at (919) 733-4763 if you have any questions. Since -1y, (Ms. ) Lloyd D. Childers CLG Coordinator State Historic Preservation Office LDC:ro Enclosure v6c: Marvin Collins riq 109 East Jones Street • Raleigh, North Carolina 27601-2807 C&s) — 1 — • . � ] NORTH CAROLINA DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND HISTORY STATE HISTORIC PRESERVATION OFFICE ' 109 East Jones Street Raleigh, North Carolina 27601-2807 Telephone 919/733-4763 CERTIFICATION AGREEMENT FOR LOCAL GOVERNMENTS This agreement is entered into on this 12th of March , 1993 by • day , month year the North Carolina Division of Archives and History, herein known as the Divis1on, and the County of Orange Name of Local Government herein known as the Local Government. The agreement is made pursuant to the National Historic Preservation Act Amendments of 1980 (P.L. 96-515) , herein known as the Act , and "Guidelines for North Carolina ' s CectLfioJ Local Government Program," herein known as the Guidelines. I . GENERAL 1. The Local Government agrees to meet the five standards for a cert.i[ied local government contained in the Act• and defined and amplified in the guidelines, and to establish a Certified Local Government Commission for the purposes of this agreement, upon consultation with the Division and any existing local historic digtcict or properties commissions. 2. The Local Government hereby designates a paid member of its staff, Marvin Collins , Planning Director or a person working Name and Position of Person under contract, Name and Firm/Agency of Person • • as the individual responsible for the operation of the Certified Local Government Commission (herein known as the Commission) and for meeting the requirements of this agreement. The Commission shall notify tbe Division if the person responsible significantly changes the amount of available time spent on historic properties. 3 . The Division shall make available orientation materials and training to the local government and the Cnmmiysion. The orientation and training shall be designed to provide a working knowledge of the roles • and operation of federal , state, local and private. preservation programs. — 2 — ` 4. The Local Government shall review all proposed nominations to the National Register of Historic Places within its jurisdiction pursuant to the Act and according to the procedures in the Guidelines, which are incorporated by reference into this Agreement, and Part II of this Agreement. 5, For purposes of evaluation, the Local Government shall submit triennially to the Division a report on the activities of the Commission containing the items listed in the Guidelines and any others which the Division shall require. The Division shall inform the local government of the results of its review of the report in wciting. The report shall be submitted by October 1 of the year in which it is required. 6. The Division .shall perform annual monitoring of the Local Government to assure that it continues to meet the standards contained- in the • Guidelines and is satisfactorily pertorming its reyponuibilitics. Monitoring may include periodic telephone convcrsationa, requests for specific written materials, on—site visits and other materials which may be required to sufficiently evaluate the CLG' s yearly activities. the Division' s yearly or triennial review indicates that terms of this Agreement and addenda are not being met, or that the Local Government no longer meets the standards contained in the Guidelines, or that its, performance of the responsibilities outlined in the Guidelines n6 this Agreement is not satisfactory, the Division shall notify the Local Government in writing that it risks losing certification. The Division shall document the assessment that the Local Government ' s performance is inadequate and recommend steps to bring the Local Government ' s performance up to a satisfactory level . 8. The Local Government shall have a period of not less than 30 nor more than 180 days to make improvpmmnco. If the Division determines that sufficient improvement has not occurred within the time prescribed by the Division, the Division may recommend decertification of the Local Government to the 8ecrotacy of the Intcrior, citing specific reasons for the rccommendation. If the Secretary does not object to the • Divipion/ u recommendation within 30 working days of receipt, the decertification shall be considered approved by the Secretary. This Agreement, and certification of the cited Local Government, shall become void 20 days following notification in writing to said Local • Government of the Division' s recommendation to the Secretary, unless otherwise notified by the Secretary or the Division. 9. If the Local Government is decertified, it may immediately request recertification. However, the Local Government shall lose eligibility to apply for the matching funds set aside for certified local governments during the grant cycle following decertification, whether or not its recertification request is approved. 10. The Division may delegate, by mutual written agreement with the Local Government, further responsibilities to the Commission. The Local Government may petition for the Commission to assume greater responsibility for preparation of National Register nominations, environmental review, and review of Tax Act certification applications providing the Commission has sufficient staff meeting the professional qualifications contained in the appendix to the Guidelines. Any delegation of further responsibilities to the Commission shall be made as an addendum to this Agreement. • - 3 - • 11 . If separate historic landmark and historic district commissions exist in the Local Government ' s jurisdiction, the Local Government shall obtain a memorandum of understanding with the commissions, in consultation with the Division, which identifies the responsibilities of each commission under this Agreement. The memorandum of • understanding shall be made an addendum.to this Agreement. II. REVIEW OF NATIONAL REGISTER NOMINATIONS BY THE LOCAL GOVERNMENT 1 . If a property to be nominated to the National Register lies within the jurisdiction of the Local Government, the Division shall transmit copies of the nomination to the Commission and the chief elected official of the Local Government within 30 days after the Division has determined that the nomination is complete and accurate and at least 60 days prior to consideration by the State Professional Review Committee. 2. The chief elected official of the Local Government, acting on behalf of the local governing board, and the Commission shall separately notify the Division and the owner of the nominated property in writing of their opinions concerning the eligibility of the proposed nomination within sixty (60) days from the date they receive the nomination. Comments to the Division may be submitted on forms provided by Archives and History. If the Commission and the Local • Government concur with the nomination, their responses may be as simple as affirmative statements that, in their opinion, the property is eligible for listing in the Register. If either or both the Local Government and the Commission do not believe that the property should be nominated to the Register, they shall state in their responses why it should not be nominated. 3. Upon submittal of comments to the Division on any proposed nomination, the CLG will verify that it has consulted with appropriate experts as stipulated in the cover form it shall receive with each nomination. 4. The Division and the Local Government agree that if the chief elected official and the Commission fail to notify the Division of their opinions within sixty _ (60 ) days, such failure shall constitute approval of the nomination. 5. During the review period, the Commission shall provide a reasonable opportunity for public comment. The following measures shall be taken (check one or more of the following) . x Public notice published in local newspaper x Public hearing at meeting of the Commission x Mailing to interested local groups, and individuals soliciting comments . Press release announcing proposed nomination and requesting public comments II — 4 Other measures agreed to by the Division and the Local Government The Commission shall submit to the Division a record of the measures taken to notify the public and the comments. received. 6. If both the chief elected official and the Commission concur with the nomination, or if only one of them objects to the nomination, the Division will place the nomination before the State Professional Review Committee for consideration a.t the earliest possible quarterly meeting. • 7. If both the chief elected official, acting on behalf of the Local Government 's governing board, and the Commission object to the nomination, they shall return the nomination materials to the Division which shall take no further action unless, within thirty days of the return of such nomination materials, a written appeal is filed with the Division by a third party. If such an appeal is filed, the Division shall place the nomination before the State Professional Review Committee at the earliest possible quarterly meeting. 8. After a nomination is recommended by the State Professional Review Committee, and signed by the State Historic Preservation Officer, the Division shall transmit it to the National Register with the comments and opinions of the chief elected official and the Commission, • together with any appeal which may have been filed. III. TRANSFER OF FUNDS TO THE LOCAL GOVERNMENT • •1 . The Local Government is eligible to receive a portion of. the Federal • Historic Preservation Fund (HPF) monies set aside for certified local governments (CLGs) provided that it meets the financial management standards contained in the Guidelines. 2. The Division shall make. the CLG share of HPF monies available on a 50/50 matching basis for the eligible historic preservation activities and projects listed in the Guidelines. The Division shall award funds on a competitive basis, and shall select projects on the basis of their design, cost, community impact, and the priorities listed in the Guidelines. 3. To be considered for an award, the 'Local Government shall submit an application containing the information specified in the Guidelines. The Local Government understands that due to the large number of present and potential CLGs and the current low level of federal funding it is unlikely to receive an award every year. 4. Any project supported by monies set aside for CLGs shall be governed by a separate project description and contract mutually agreed to by the Local Government and the Division. — 5 — We the undersigned, having read, understood, and agreed to the terms of this certification ugroemmnt, so ut[io our signatures on this 6th April I993 of of d ay ` month o tb � . � | | ^ � • . ` ^ • ' ` | — 6 — • Local Government( : Commission(s) : J _111 � / ^� /��/���^ | ' ~' - , Y 7? (. igned) ' (date) (signed) (date) Moses Carey, Jr. , h. irman Oran:e Count Bo /d of Commissioners Todd W. Dickinson, Chairman (name) / (name) Orange County Orange County Historic Preservation (local government name) (name of commission) Commission 2. 2. (signed) (date) (signed) (date) (name) - (name) . (local government name) (name of commission) 3. Division: • (signed)' (date) . ` ^ K [ �,^ r\ _ (6:4-r� �. (name) ~�i�n� ) *(dute) William G. Price, Jr. (local government name) Department of Cultural Resources Division of Archives and History 4. (signed) (date) (name) *EFFECTIVE DATE OF AGREEMENT •