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HomeMy WebLinkAboutAgenda - 03-21-1989 • 7 * ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, MARCH 21 , 1989 7:30 P.M. OLD POST OFFICE CHAPEL HILL, NC A. BOARD AND MANAGERS COMMENTS B. PUBLIC COMMENTS 1 . Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2. Matters not on the Printed Agenda C. MINUTES PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect . The Board asks its citizens to conduct themselves in a respectful , courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that individual regains personal control . Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PRESENTATION OF AWARDS 1 . Recognition of Participants in Adolescent Parenting Program PUBLIC HEARING 1 . EDC Strategic Plan D. RESOLUTIONS OR PROCLAMATIONS 1 . Community Development Week 2. Bond Sale - Legal Proceedings • e. 1 4 _1■ E. REPORTS 1 . Report on Model Elementary School--Orange County Schools 2. Report from Airport Consultants 3. Regional Transportation Authority 4 . Solid Waste Task Force Report 5. Orange Regional Landfill Tipping Fees • F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 1 . Contract with North State Legal Services for Provision of • Legal Services 2. Approval of Final RSVP Application and Agreement 3. CDBG Fair Housing Plan ' 4. Partial Width Right-of--Way - Vivien Dodson and Vivan Best Minor Subdivision 5. Consultant Contract for Comprehensive Transportation Plan —ITEMS FOR DECISI0N--CONFIRMATION OF ITEMS LISTED ON MARCH 8..„ 1989 AGENDA t\ \''k) 1 . Minutes as Presented and Approved March 13, 1989 2. Budget Ordinance Amendment #6 3. Budget Ordinance Amendment #7 4. Professional Services Contract 5. Grant Agreement--NCDOT-Aviation 6. Establishment of Date for Joint Public Hearing on Impact Tax 7. Petition for Addition--Roads in Wildwood Subdivision (Phase , • III)rk. 8. Petition for Addition--Road in Pleasant Green Estates N,NZ5 Subdivision 9. Petition for Addition--Road in Laurel Hill Subdivision 10. Petition for Addition--Road in Turkey Run Subdivision 11 . Bid Award--Computer Mainframe 12. 1989 Joint Planning Public Hearing Schedule 13. March 20 Meeting--Town of Hillsborough 14. March 29 Meeting--Chatham County G. ITEMS FOR DECISION--REGULAR AGENDA 1 . Facility Standards for New School--Orange County Schools 2. EDC Strategic Plan 3. County Boundary Line Between Orange & Chatham Counties 4. Emergency Shelter Grant Application 5. FmHA Loan H. APPOINTMENTS 1 . Rural Character Study Committee Appointments 2. Appointments--General I. ADJOURNMENT (*) Indicates items that need immediate attention. „4, ORANGE COUNTY BOARD OF COMMISSIONERS Action Aguida Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: MINUTES DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane -- 227-2031 Durham - 688-7331 PURPOSE: To correct and/or approve the minutes as submitted for consideration: March 13, 1989 - rescheduled meeting from March 8 BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S) : As the Board decides. ORANGE COUNTY P3 A ends COMMISSIONERS Action g BOARD OF Item No _ AGENDA ITEM ABSTRACT ACTION March 21 , 1989 Meeting Date: Week __ __-- CT: Community Development We -^_- _ _" -MS- "_--NO-_X--- SOB3E __ __ -- ---__ PUBLIC BARING Y ----'-- ------------------------------ ____- +Housing'/Community Dev• --rORMATION-CONTACT:~Tara L. Bikes DEPARTMENT:--------------------------- �,_----- INFORMATION Proclamation oc lBMENT(n TELEPHONE NUMBER- Hillsborough 132-8181 Proclamation gillsbarough Chapel Nall 68 - 9 -4501 - 68-2031 Mebane _ 68B-7331 r Durham _____ -�Y-___ _�.. -- t Week __ __ proclaim March -! -as-Community Development Week _ _ ___T 'March 24-31 ,1969 the muni f an provided --------------------- -- To Proclaim to recognize program has pCounty- PQRPOSE- in Orange County ment Block Grant proof Orange t Development come residents the Community to the low and moderate in Association, the C7.S- DeveloPment Ass of Cities and The National Community Mayors ythe National League continuing efforts of Mayors, contin March BACKGROUND: Conference of Counties are cofl Week the National Association Nati National Community Development counties to support of National C all cities and counties to in suet this They are urging Community 24`31 " week by Proclaiming support this in their respective l ocalities- Orange County 1989 will be will highlight Wednesday, March 29 , time we et area, Locally, ment Day, at which time tarp Development Community tour of this area Community tl funded A walking meet our most recently Community. and Community tour Development a will Rbe spy Street using Committee on sponsored by the Ho Project Area will be sp and the Rencher Street Pro? Department at 12 noon. March 29th March 24--31 . 1989 as designating ing Adopt proclamation Week and authorize 1 , 198 a board Development W behalf h RECOMMENDATION(S) : Community n the proclamation on chair to sign - , 2 PROCLAMATION NATIONAL COMMUNITY DEVELOPMENT WEEK MARCH 24 - 31 , 1989 WHEREAS, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has operated since 1974 to provide loCal governments with the resources required to meet the needs of persons of low and moderate income; WHEREAS, community development block grant funds are used by thousands of neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and human services needs; WHEREAS, in the last several years the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive rise in homelessness, and the resurfacing of hunger and malnutrition; WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing importance for meeting pressing community problems; WHEREAS, the Congress and the Nation has often overlooked the critical value of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; WHEREAS, the Congress of the United States has declared March 24 - 31 , 1989 COMMUNITY DEVELOPMENT WEEK; NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners proclaim March 24 - 31 , 1989 COMMUNITY DEVELOPMENT WEEK and call upon all citizen of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. • GIVEN UNDER MY HAND AND THE SEAL OF THE COUNTY OF ORANGE, ON THIS THE TWENTY . FIRST DAY OF MARCH, IN THE YEAR OF OUR LORD, NINETEEN HUNDRED AND EIGHTY NINE. Moses Carey, Jr. , Chair Orange County Board of Commissioners SEAL • • • ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. • 27278 MOSES CAREY.IR_ STEPHEN II.HALKHMS JOHN HAkonvELL FROCLAMATIOr: SHIRLEY E.MARSHALL DON WILLHOIT NIONAL COMMUN.:7"Y DEVLOoME= WEEK MARCH 24 - 21 , 1989 WHEREAS, the COMM'IN7mv DEVEIOT:.MENT BLOCK GRANT PROGRAM has operated since 1574 to provide local governments T-zith the resources required to meet the needs of persons of lova and moderate income; WHEREAS, community development block grant funds are used by thousands of neighborhood-based nonprofit organizations throughout the Nation to address pressing neighborhood and numan services needs: WHEREAS, in the last several veers the Federal Government has reduced Federal assistance to local governments and nonprofit organizations; WHEREAS, during this time of constricted Federal contributions to the task of meeting the needs of low and moderate income persons, the problems have grown as evidenced by the dwindling supply of affordable housing, the massive • rise in homelessness, and the resurfacing of hunger and malnutrition; WHEREAS, during this time of Federal withdrawal from responsibility, the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM has assumed increasing . importance for meeting . pressing community problems; WHEREAS , the Coacress and the Nation has often overlooked the critioal value of the COMDITY DEVELOMENT BLOCK GRANT PROGRAM and the significant number of organizations and projects that rely on its funds for support; WHEREAS, the Concress of the United States has declared March 24 - al ; 158S COMMUN:TY DEVELOPMENT WEEK; . NOW, THEREFORE, BE IT RESOLVED THAT the Orange County Board of Commissioners nrcclaim March 24 - 31 , 1989 COMMUNITY DEVELOPMENT WEEY. and call upon all citizen of our County to support the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. GIVEN UNDER MY HAND AND THE SERI OF THE COUNTY OF ORANGE,' ON TH:S THE TWEKT-Z FIRST DAY MARCH. :t 7S7 YEAR 07'. OUR LORD, N::;ECERN HUNDRED AND EIGHTY Carey, , Oranc-a Cour,ty 1Soard c= ZEAL 1 ORANGE COUNTY BOARD OP COMMISSIONERS Action Agenda Item No.-n -,),. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: Bond Sale - Legal Proceedings DEPARTMENT: Finance PUBLIC HEARING YES: NO: X ATTACHMENT(8) : INFORMATION CONTACT: Ellen G. Liston TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt proceedings provided by bond counsel related to sales of county bonds. BACKGROUND: The County is scheduled to sell $11.8 million in bonds on April 4, 1989. A resolution fixing the details of the sale will be required before the bond sale can take place. This bond sale is the first in a series of expected issues from the $30 million bonds approved by the voters last November. The first issue will contain $10.5 million in School Bonds and $1.3 million in Public Building Bonds. RECOMMENDATION(S) : Adopt proceedings as provided by bond counsel. COUNTY OF ORANGE PROCLAMATION WHEREAS, mental retardation is a condition which today affects more than six million American children and adults and their families; and WHEREAS, the most effective weapons for alleviation of the serious problems associated with mental retardation are public knowledge and understanding; and WHEREAS, the potential for citizens with mental retardation to function more independently and productively must be fostered; and - WHEREAS, during the month of March, 1989, members of national, state and local chapters of the Association for Retarded Citizens are making a special effort to forge vital edtployment, educational and fundraising campaigns to promote awareness of, and provide for the needs of persons with mental retardation and other developmental disabilities; • I, Moses Carey, Chairman of _the .Orange_ County Commissioners, . . . •_. • . . d6 hereby proclaitn_the_month_of_March, .1989,' a-s'MENTAL: " -r RETARDATION MONTH' in the County of Orange,- and ufge_all citizens - to learn more aboutimentaI-retardation-and-assist -in- improving-- - 'the quality of life- of citizens with mental retardation— . • This the 6,2/st day of March, 1989. II -.4141. 11.4 • Y Chairman, Orange Cour , ' ommissioners (COUNTY SEAL) . • • EPTING AND HACKNEY ATTORNEYS AND COUNSELLORS AT LAW 105 NORTH COLUMBIA STREET SUITE 200 P.0.DRAWER.1329 CHAPEL HILL,NORTH CAROLINA 27514 ROBERT MING TELEPHONE 929-0323 JOE HACKNEY AREA CODE 919 ELIZABETH LACKEY JOE BUCKNER March 16, 1989 Mr. Moses Carey Chairman, Orange County Commissioners 102 Warren Court Chapel Bill, North Carolina 27514 Re: Mental Retardation Month Dear Mr. Carey, I am a member of the Board of Directors of the Associatio, for Retard Citizens of Oran.e County,. n an a empt to promote awareness of the needs and the abilities of persons with mental retardation and developmental disabilities the national Association for Retarded Citizens has designated March, 1989, as Mental Retardation Month. To further the same ends, our local Association would appreciate very much your proclaiming the month of March, 1989, Mental Retardation Month in Orange County. I have enclosed a sample proclamation for your convenience, but you may, of course change it if you would like to do so. On behalf the the Association for Retarded Citizens of Orange County, I thank you for your concern with this matter. With kind regards, I am Very truly yours, (46L aElizabeth Lackey 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item N o.ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 21, 1989 SUBJECT: REPORT ON MODEL ELEMENTARY SCHOOL--ORANGE COUNTY SCHOOLS DEPARTMENT: MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 A MODEL SCHOOL FOR THE REGION TELEPHONE NUMBER- Hillsborough 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To present an overview and status of the model school proposal for the County School System. BACKGROUND: The Triangle J Council of Governments and the County Board of Education are considering a proposal for a model school . The attached concept paper "A Model School for the Region" summarizes the goal , rationale and purpose of the model school initiative. The County School Board Chair and County School Superintendent will give the presentation. 1 ` 2 A MODEL SCHOOL FOR THE REGION • INTRODUCTION In the drive to establish Triangle J as a world-class region, education has emerged as a vital, required component in the planning process. Just as the Research Triangle now serves as a model for regional economic planners across the nation, the Triangle J planning team envisions a collaborative business/school/government educational initiative that will showcase the vision and the resources of the Triangle I region and make it a model for educational planners across the nation. The goal of such an initiative is to develop a regional education system that exhibits world-class excellence. That presumes creating an education system that supports quality teaching as a rewarding profession. It enables its students to develop creativity and a capacity for critical thinking. It builds higher order skills on a solid foundation of basic math,reading and language skills. It helps its students acquire essential familiarity with history and literature, and gives them a sense of participating in a global community. A world-class system also offers quality education for all students and student success is the ultimate measurement of the success or failure of the schools. . As a first step toward creating a world-class regional education system, the Triangle J planners envision the creation of a model school that will harness modem technology and innovative teaching tools within the walls of a school that has restructured its organization to allow creativity and controlled innovation to flourish. In planning a model school, the region has a wealth of high quality public school, community college and university programs and people from which to draw resources. Those educational resources, combined with leading high technology businesses and elected officials committed to providing world-class educational opportunities for the region's young people, provide a strong foundation upon which to build a vision of schooling in the future. _ - GOAL The goal of the model school demonstration project is to demonstrate the potential educational benefits that would result from harnessing new technology and modern methods of management and organization to the school environment. RATIONALE While modern technology is transforming the business environment, education has been slow to harness the potential offered by new technologies. Contributing to the technology lag in education are a variety of factors; for instance, the rapid population growth in the Triangle J area has created a demand for new facilities, additional teaching staff and transportation that has limited the revenue available for technology. While schools lag behind industry in harnessing technology, the time delay now makes it possible to learn from industries' experience with automating their work environments. - I 3 Much of the trial and error process required while business experimented with new technologies is now a thing of the past and schools could rapidly close the gap with office • automation and instructional products that have been tested and improved in recent years. The Triangle J planners envision a model school based on principles of participatory management, a school in which all employees are involved and engaged in a joint enterprise aimed at giving all students an equal opportunity to succeed in school and to succeed as adults. Implicit in that vision is a school that differentiates between the roles of staff, that establishes long-range, student-oriented goals and strategies for learning, that rewards and promotes excellence. In the area of creative management and organizational models, as in the area of cutting- edge technology, the Triangle area can tap into nearby resources and draw from innovative business and educational models. Firms such as IBM, Northern Telecom, Glaxo,'and many others located within Triangle J are recognized leaders in the area of personnel and organizational development; in the educational arena, some of the nation's most innovative educational school restructuring projects are being piloted within the state's boundaries. The intent of the model school is to bring these two strands, technology and innovative organizational techniques, together within the walls of one school to create a demonstration site that could expose teams of educators and policy makers to a vision of what education could be, and should be, in tomorrow's schools. More importantly, Triangle J must be on the leading edge of creating schools of success for its children. The following proposal outlines a model school concept and recommendations on making that concept a reality in the Triangle J region. PURPOSE A World-Class Education System must include a setting (school or collection of schools) where new strategies, approaches, and advanced thinking can be tested, and where appropriate,perfected for more general application. The World-Class Region's general committee intends that a model school be set up in the Region for the purpose of providing this setting and demonstrating the school's achievements and fmdings to regional,state and national educators,and elected officials. L School Specific Factors ❑ Geographic Location-The location of the school should be influenced by the following: - An accepting board of education and superintendent willing to share responsibility in key areas and to support a true exploration of current thinking and major research findings in public school education. - Reasonable relationship and access to all parts of the region so as to foster ownership on the part of all counties and LEAs within Region J. - Local school leadership and a faculty capable of enthusiastic support of the model school concept. h ❑ Grade Organization and Size - An elementary school (K-5 or 6) is preferred for this effort. The student body should be composed of approximately 600 students. ❑ Status of the Facility-A new school scheduled for construction within the next 12 months is preferable. Facility design should accommodate the special emphasis on technology use. • ❑ Student and Staff Selection - A typical student body assigned through normal procedures will serve to validate the outcomes of the model school effort. Teachers should be fully aware of the school's purpose before assignment. A willingness to participate should be indicated by each teacher who joins the faculty. Professionally aggressive and enthusiastic • teachers should be sought to staff the school. The principal should be appointed by the Board of Education only after a profile of the characteristics desired in a principal have been compiled by the Model School Planning Task Force and presented to the superintendent for consideration. 11. Major Areas To Be Explored Major areas for exploration and study in the model school should include, but not be limited to,the following: ❑ The lead teacher concept featuring expanded involvement in decision- making and overall school leadership on the part of the classroom teacher. A close look should be taken at the concept being developed through the lead teacher pilots in three North Carolina school systems. ❑ Differentiated staffing based on"role appropriate"personnel assignments. ❑ The advanced use of technology in local school operations and classroom instruction. Emphasis should be placed on thoroughly integrating technology throughout the curriculum. ❑ Variations in teacher/pupil ratios based on new instructional strategies and locally identified student needs. Grouping for instruction should be determined by the local school leadership team. ❑ An in-depth look at the role of the principal in a restructured school situation where-the classroom •teacher assumes additional leadership responsibilities. ❑ Expanded involvement of business and industry in the educational process. A full partnership should be established with some "shared" responsibilities and a clear description of collaborative existence. III. Areas Requiring Regulatory Exemptions The following areas should be examined to determine which regulations would need to be relaxed or removed to permit the purpose of the model school to be fully realized: 5 !� Class size regulations. ❑ Certification regulations. U Use of teacher assistants. 0 Funding allocation procedures(state and local). The possibility of a "blanket" exemption to permit general flexibility in the school's operation. IV. Operating Standards The model school should be operated in a fashion that assures a quality education for all students and an appropriate level of challenge,support, and protection for the faculty and staff. High standards in the following areas must be established and maintained: CI An academic curriculum and instructional program which meet state and local standards. Cl Solid and clear accountability measures in the area of student achievement. U An effective climate for teaching and learning. C1 Active parental involvement representing all facets of the student population. CD Enlightened community expectations and support. U Adherence to basic laws, policies and regulations in place to assure legal, civil and human rights to both students and staff. V. Show and Tell Capacity Planning activity should include a design to assure appropriate services to the region and to the state as relates to the benefits derived from this effort. The following steps should be taken: C! Establish the special capacity to receive visiting educators and elected officials to observe the school's programs in action and learn of the benefits of fully applied technology and a restructured school. Cl Establish a formal research component to analyze and construct the findings of the school's effort. Regular reports should be issued to all LEAs throughout the region and other locations to demonstrate the benefits coming out of the project. U Official periodic updates should be given to the State Board of Education, the Department of Public Instruction and appropriate committees of the General Assembly to publicize project outcomes and review the potential for broader application. ti . • 6 VL Standing Planning Task Force • Following the identification of a host system for the model school,a planning task force should be established with representation from the World-Class Region Education Committee, the host system, involved business/industry, D.P.L, legislative delegation from the region,and any other appropriate area involved in the school's operation. VII. Funding Source and Responsibilities The host school system will assume the basic construction costs for the school facility, and its general operation and maintenance. The following three areas should be considered for adaptation to the mission of the model school: 0 Building design should accommodate extensive use of technology in the instructional program as well as in the administration and operation of the school. ❑ Expanded conference room and assembly capacity should be provided within reason in the model school. ❑ Expanded work space for teachers should be provided to allow for individual and team preparation. The state and/or cooperating business and industry will assume the costs of the necessary hardware and software to accommodate the planned emphasis on technology. Orientation and training expenses including substitute teachers and travel will be assumed by the host system with assistance from state and private sources identified and solicited by the Planning Task Force. VIII. Time Line The major steps to be taken over the next two years are outlined below. Any item listed may be subject to adjustment as the planning progresses. ❑ September 1988 - The identification of a host school system and the specific site for the model school. An "agreement" should be initiated between the Triangle J World-Class Region Movement and the host system setting forth the school's purpose and areas of emphasis. The governance of the project should be framed and clearly understood. Cl Early November 1988 -Present a position paper on the model school to a regional conference on"A World-Class-Education System'for"Region J." Response to the concept and input to the project design will be recorded for consideration as the planning process continues. U Late November 1988 - Establish a comprehensive planning task force to oversee and support the project on an ongoing basis. The host school system, major contributors, appropriate government bodies, and the World-Class Education System Steering Committee will be represented on the task force. O October 1988 thru December 1988- The World-Class Education System Steering Committee leadership will initiate dialogue with the State Board j ` a • • 7 . of Education representatives to build awareness of the project. During this period, contacts should also be made with the appropriate State • Department of Instruction officials and members of the Region 1 legislative delegation to acquaint these leaders with the project's mission. • .0 January. 1989 thru December 1989 - Research existing programs and -- .• : efforts of a similar nature and compile a data bank for the host system and . . . the model school faculty and staff. • . • .0 January 1990 - Identify the model school principal and faculty and begin an orientation and training program. Student assignment decisions should be made by the host Board of Education in this general time period. • 0 Fall of 1990-Open the model school for full operation. - --- 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. r-3, ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21 , 1989 SUBJECT: REPORT FROM AIRPORT CONSULTANTS DEPARTMENT: PURCHASING PUBLIC HEARING YES: NO:XX ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 498 REPORT OUTLINE Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To receive information from Wilbur Smith Associates regarding the progress of the feasibility study for the proposed Orange County Airport. BACKGROUND: The Consultants will present the final results from the user questionnaire, regarding aircraft in the area, forecasts of potential use of the airport, and what kind of facilities need to be present to accommodate the anticipated traffic. Other topics of discussion will include: --How the airport will affect the community's economic worth;and --Presentation of potential sites identified by the Consultants. This information also will be presented at the Public Meetings scheduled in Hillsborough on March 22 and in Chapel Hill on March 23. RECOMMENDATION: Receive as information. • MAR- 14--59 TUE 13 :39 WILEUR SMITH ASSOC. p . 02 2 PROPOSED ORANGE COUNTY AIRPORT MASTER PLAN/SITE SELECTION STUDY I. FORECASTS A. Review 1, Based Aircraft 2. Operations II, CAPACITY A Airfield 1. Annual (IFR/VFR) 2. Hourly(IFR/VFR) III. FACILITY REQUIREMENTS A. AIrside 1. Runway/Taxiway/Approaches B. Landside 1, Terminal,Aircraft Parking,Auto Parking IV. ECONOMIC IMPACT • A. Introduction 1. Direct Impacts 2. Indirect impacts 3. Induced Impacts V. PRELIMINARY SITES DISCUSSION VI, QUESTIONS/ANSWERS • • • • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. E-.3 ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 21 , 1989 SUBJECT: REGIONAL TRANSPORTATION AUTHORITY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE CORRESPONDENCE FROM STATE OF N.C. X501 DATED 2/22/89 AND 3/2/89 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive a report regarding draft legislation for a Regional Transportation Authority. BACKGROUND: In 1987, the Transportation Advisory Committee (TAC) from the Durham-Chapel Hill-Carrboro Urban Area and the Greater Raleigh Urban Area met jointly to consider the issues related to developing a comprehensive system of regional public transportation. This joint TAC endorsed the creation of a number of subcommittees of the joint Technical Coordinating Committees (TCC) to prepare further analysis of specific issues concerning regional public transportation. One of these subcommittees was given responsibility for developing recommendations for the creation of a Regional Transporation Authority. On December 5, 1988 the State Public Transportation Divison representatives presented to the Board of Commissioners a Regional Transportation Authority issue paper detailing various alternative approaches to the organization, membership, responsibilities, powers and funding of a Regional Transportation Authority. Patrick B. Simmons, State Public Transporation Division, will highlight the draft legislation and discussions among regional elected officials- . RECOMMENDATION(S) : After receiving the report, the Board of Commissioners should consider endorsing in concept the draft legislation for a Regional Public Transportaion Authority. t. • StA7Q 4sr re s ITS 23 NI C Ir STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • P.O_BOX 25201 RALEIGH 27611-5201 JAMES G.MARTIN GOVERNOR February 22, 1989 PUBLIC TRANSPORTATION DIVISION POST OFFICE BOX 25201 JAMES E.HARRINGTON 919/733.4713 SECRETARY MEMORANDUM TO: County Commission Chairmen Edmund Aycock, William Bell and Moses Carey; Commissioners Bob Heater, Becky Heron and Shirley Marshall ; Mayors Avery Upchurch, Koka Booth, Jonanthan Howes and Wib Gulley FROM: David D. King 44,4 SUBJECT: Forming a Regional Transportation Authority Thank you for participating in our meeting of last Friday morning on the subject of forming a regional transportation authority. You made real progress in resolving the fundamental issues of functions, governance and finance. Enclosed as attachment 1 is a synopsis of the major points of agreement from the meeting. If you have any comments on these points, please let us hear them by Wednesday, March 1, 1989. You may call either Pat Simmons or me. Also enclosed as attachment 2 is a draft of the proposed legislation. This draft, provided by Gerry Cohen of the Legislative Bill Drafting Division, includes the recommendations made last Friday. A copy of these materials will also be sent to each City and County Manager. Please let me know whether we can assist in presenting these 0 0 materials to your City or County board. 2 0 0 DDK/PBS cc: Secretary Harrington attachments (2) An Equal Opportunity/Affirmative Action Employer Attachment 1 3 Regional Transportation Authority for the Research Triangle Area • Governance - The RTA would have an 11 member board with full authority to make policy, administrative and financial decisions. Representation on the board would be as follows: Durham County - Three members. One appointed by the Board of Commissioners, one appointed by the Durham City Council , and one member appointed jointly by the Board of Commissioners and the Durham City Council . Orange County - Two members. One appointed by the Board of Commissioners and one appointed by the Chapel Hill Town Council . Wake County - Five members. The actual means of appointment are yet to be decided, but would likely. include participation by the Raleigh City Council , Cary Town Council in addition to the Board of Commissioners. Governor - One member - The Secretary of the Department of Transportation will appoint one member of the Board of Transportation to serve as a non-voting, ex-officio member of the RTA. All members (except as appointed by the Secretary of DOT) must be elected officials, but not necessarily a member of the appointing board. The RTA may appoint such advisory committees as it may find appropriate, which may or may not include members of the RTA. Finance - The initial formation of the RTA will be funded with an • appropriation from the North Carolina General Assembly or through a grant • from the state. The discussions of the group centered on the following three long-term funding sources. The group also recognized that the legislation to establish the RTA will need to be flexible in order to respond to the changing environment, relative to the Highway Study Commission. The RTA'may levy within the jurisdiction of the authority: An annnual vehicle registration fee of up to five dollars ($5.00) per vehicle. o A tax on the transfer of title to a motor vehicle of up to one-half of one percent (1/2%) of its value. A motor fuel tax of up to one cent (1 ) per gallon. Functions - The RTA would plan and operate public transportation services. Such services would initially include vans, buses,and ridesharing activities, and may later include fixed guideways. Planning includes both short-term service development and long-term system design, as well as d play an RTA would also a all modes of transportation. The R wou coordination among a ad P Y 9 P active role in the integration public transportation with land use, parking, energy and other appropriate planning activities. The RTA will have no role in financing or construction of highways or roads. • • 4 c,‘ cr_CI‘'‘e 3 cQ6 \G GENERAL ASSEMBLY OF NORTH CA4aP p 01..,yEsiii, 1 \ E\l/ VI/ ty t SESSION 1989 89—LBX-006C(2.17) (THIS IS A DRAFT AND NOT READY FOR INTRODUCTION) Short Title: Public Transit Authority. (Public) Sponsors: - Referred to: 1 A BILL TO BE ENTITLED 2 AN ACT TO AUTHORIZE CREATION OF A REGIONAL TRANSPORTATION 3 AUTHORITY. 4 The General Assembly of North Carolina enacts: 5 Section 1. Chapter 160A of the General Statutes is 6 amended by adding a new Article to read: 7 "Article 26. 8 Regional Public Transportation Authority. 9 "9 160A-600. Title. 10 This Article shall be known and may be cited as the ' Regional 11 Public Transportation Authority Act. ' 12 "9 160A-601. Definitions. 13 AS used in this Article , unless the context otherwise requires: 14 (1) 'Authority' means a Regional Public Transportation 15 Authority as defined by subdivision ( 6) of this 16 section. 17 (2) 'Board of Trustees' means the ooverninc board of , . 18 the Authority, in which the general legislative- ] 19 powers of the Authority are vested. F*4.1 ri) g • ThJJ ..ca' FEB 22 1989 (4-- DEPARTIAM OF TRANSPORTATION PUBLIC TRANSPORTATION DN. 1 1 u■. • ■ GENERAL ASSEMBLY OF NORTR CAROLINA SESSION 1989 . . . ., .--- 5 1 (3) 'Population' means the number of persons residing 2 in respective areas as defined and enumerated in 3 the 1980 decennial federal census . 4 • ( 4) 'Public transportation' means transportation of 5 Passengers whether or not for hire by any means of 6 conve ance , including but not limited to a street 7 or elevated railway or guideway, subway, motor 8 . vehicle or motor bus, carpool or vangool, either 9 sublicl or Privatel owned and operated, holding, 10 itself out to the general public for the .11 transportation of persons within the territorial 12 jurisdiction of the Authority, including charter 13 service . 14 ( 5) ' Public t'ransnortation s,.,stem' means, without 15 limitation, a combination of real and personal 16 propert *, structures, improvements , buildings, 17 eouipment, vehicle !parking or other facilities, and 18 rights-of-way , or any combination thereof , used or 19 useful for the purposes of public transportation. 20 (6) 'Regional Public Transportation Authority , ' means a 21 body corporate and politic organized in accordance 22 with the provisions of this Article for the 23 purposes, with the powers and subject to the 24 restrictions hereinafter set forth. , . 25 (7 ) 'Unit of local government' means an count , city, 26 town or municipality of this State, and anx_ other 27 political subdivision, public corporation, 5..t 28 Authority, or district in this State, which is or *6 .t... c 29 may be authorized by law to acquires establish, 1 i 30 _ construct, enlarge , improve, maintain, own, and c 31 operate public transportation systems. 32 ( 8) 'Unit of local government' s chief administrative , . 33 official' means the county manager , city manager, 34 town manager , or other persoh , bv ..hatever tit; e he 35 shall be known, in whom the responsibility for the Page 2 89-LBX-006C(2.17 ) 1 . 1 . __ . . . .... . . . . . _ . - .. . • 6 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 . ., 1 unit of local government' s administrative duties is 2 vested. 3 "S 160A-602*. Definition of territorial jurisdiction of 4 Authority. 5 An authority may be created for any area of the State that, at 6 the time of creation of the authority, meets the following 7 criteria: 8 ( 1 ) The area consists of three counties : 9 ( 2) At least one of those counties contains at least 10 part of a County Research and Production Service 11 District established pursuant to Part 2 of Article 12 16 of Chapter 153h of the General Statutes: and 13 ( 3) The other two counties each: 14 a. Contain at least one unit of 3ocal government 15 that is desicnated by the Governor of the 16 ' State of North Carolina as a recipient 17 - pUrsuant to Section 9 of the Urban Mass 18 Transportation hct of 1964 , as amended ; and 19 b. Are adiacent to at least one county that 20 contains at least part of a County Research 21 and Production Service District established 22 pursuant Part 2 of Article 16 of Chapter 153A 23 of the General Statutes. 24 "S 160A-603. Creation of Authority. 25 (a) The Boards of Commissioners of all three counties within an 26 area for which an authority may be created as defined in G.S. el. 27 160A-602 may by .resolution SjQflify their determination to 28 or-anize an -authority under the provisions of this Article. Each F. t 29 of such resolutions shall be adopted after a public hearing 30 thereon, notice of which hearing shall be given by publication at 31 least once , not less than 10 days orior to the date fixed for , . 32 such hearing , in a newspaper havinc a cene :al :.. ct: in z-r-,c.. 33 county. Such notice shall contain a brief statement of the 34 substance of the or000sed resolution, shall set forth the 35 proposed articles of incorporation of the authority and shall . . i . . 89-LBX-006C(2.17 ) Page 3 . _ . GENERAL ASSEMBLY OF NORTB CAROLINA SESSION 1989 ' • • 1 state the time and .lace of the Public hearin to be held 2 thereof. No county shall be reouired to make an other 3 publication of such resolution under the provisions of any other 4 law. 5 (b) Each such resolution shall include articles of 6 incor.oration which shall set forth: 7 (1) The name of the authority; 8 (2) A statement that such authority is organized under 9 this Article; and 10 ( 3 ) The names of the three organizin. counties. 11 (c) h certified copy of each of such resolutions signifying the 12 determination to organize an authorit under the erovisions of 13 this Article shall be filed with the Secretar of State , tosether 14 with .roof of .ublication of the notice of hearino on each of 15 such reSolutions. If the Secretary of State finds that the 16 rasolutions , including the articles of incorporation, conform to 17 the provisions of this Article and that the notices of hearing 18 were properl oublished, he shall file such resolutions and 19 proofs of .publication in his office and shall issue a certificate 20 of incorporatipn under the seal of the State and shall record the 21 same in an alp .ro•riate book of record in his office . The issuance 22 of such certificate of incorporation by the Secretary of State 23 shall constitute the authorit a .ublic bod and body politic and 24 corporate of the State of North Carolina. Said certificate of 25 incor.oration shall be conclusive evidence of the fact that such 26 auth9r.,ty has been duly created and established under the 27 2122LLIPPE1...21._.9111512. 28 (d) When the authorit has been duly or.anized and its officers •c: 29 elected as herein .rovided the secretary of the authority shall 30 certify to the Secretary of State the names and addresses of such 31 officers as well as the address of the orinci .al office of the 32 authority. 33 (e) The Authority may become a Desionated ReCiDient pursuant to 34 the Urban Mass Transportation Act of 2964 , as amen6ed. 35 "S 160A-604. Territorial iu::isdiction of the Authority. Page 4 89—LBX-006C(2.17) • • 8 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 1 (a) The territorial jurisdiction of any Authority created 2 pursuant to this Article shall be coterminous with the boundaries 3 of the three counties that organized it. 4 (b) Except as 'provided by this Article, the 'urisdiction of 5 the Authority may include all local public passenger 6 transeortation o.eratin• within the territorial "urisdiction of 7 the authority. 8 (c) The Authority shall not have -jurisdiction over public 9 transportation sublect to the iurisdiction of and reoulated by 10 the Interstate Commerce Commission, nor shall it have 11 jurisdiction over intrastate public transportation classified as 12 common carriers of passenoers by the North Carolina Utilities 13 Commission. 14 "S 160A-605. Membership; officers; compensation. 15 (a) The Board of Trustees shall consist of 11 members, 16 appointed as follows: 17 .( 1) The county with the oreatest population shall be 16 allocated five members to be appointed as follows: 19 (TO BE DECIDED) 20 ( 2) The county with the next greatest pooulation shall 21 be allocated three members to be appointed as 22 follows : 23 a. one by the board of commissioners of that 24 county; 25 b. One by the city council of the city containing 26 the laroest population within that county; and 27 C. One jointly by that board of commissioners and +Yr^.• 28 city council , by procedures agreed on between 29 them; 30 ( 3) The county with the least _population shall be 31 allocated two members tc be appointed as follows: 32 a . One by the board of commissioners of that 33. county; and 34 b. One by the city council of the city containing 35 the largest population within that county; and 89—LBX-006C(2.17) Page 5 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 • 9 1 ( 4 ) One member of the Board of Transportation appointed 2 by the Secretary of Transportation, to serve as an 3 ex-officio non-voting member. 4 (b) Voting members of the Board_ of Trustees shall serve for 5 terms of four years, provided that one-half of the initial 6 appointments shall be for two- ear terms, to be determined b lot 7 at the first meeting of the Board of Trustees. Initial terms of 8 office shall commence upon approval by the Secretary of State of 9 the articles of incorporation. The member appointed by the 10 Secretary of Transportation shall serve at his pleasure . 11 ( c) Each votinc member of the Board of Trustees must hold 12 elective ioublic office, as defined by G.S. 128-1 . 1(d) . An 13 appointing authority may appoint one of its members to the Board 14 of Trustees. Service on the Board of Trustees may be in addition 15 to an other office which a person is entitled to hold. 16 (d) Members of the Board of Trustees shall reside within the 17 territorial jurisdiction of the Authority as defined by G.S. 18 160A-604 . 19 (e) The Board of • Trustees shall annually elect from its 20 membership a .Chairperson, and a Vice-Chairperson, and shall 21 annually elect a Secretary, and a Treasurer. 22 ( f) Members of the Board of Trustees shall receive the sum of 23 fift dollars ($50.00) as compensation for attendance at each 24 duly conducted meeting of the Authority. 25 "S 160A-606. Voting; removal. 26 (a) Six members of the Board of Trustees shall constitute a 27 quorum for the transaction of business. Other than the non- 28 voting ex-officio member, each member shall have one vote . 29 . (b) _ Each member of the Board of Trustees may be removed with 30 or without cause by the appointer(s) . If the appointment was 31 made jointly by two boards, the removal must be concurred in by 32 both. 33 (c) Appointments to fill vacancies shall be made for the 34 remainder of the unexpired term by the respective appointer( s) 35 charged with the responsibility for making such appointments Page 6 89-LBX-006C(2.17) • . . . . . . . . , .. ' • . .. : . . . GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 . . " . - - • . 1 pursuant to G.S. 160A-605. All members shall serve until their 2 successors are aggointed and Qualified, unless removed from 3 office. 4 "S 160A-607. Advisory committees. 5 The Board of Trustees ma .rovide for the selection of such 6 advisory committees as it may find appropriate , which may or may 7 not include members of the Board of Trustees. 8 "S 160A--608. Purpose of the Authority. 9 The purpose of the Authorit shall be to finance , provide , 10 operate , and maintain for a safe , clean, reliable , adeouate , 11 convenient; energy efficient and environmentally_ sound public 12 transportation system for the service area of the Authority 13 through the granting of franchises, ownership and leasing of 14 terminals , buses and other transportation facilities . and 15 eouipment, and otherwise through the exercise of the powers and 16 duties conferred upon it, in order to enhance mobility in the 17 region and encourage sound growth patterns. 18 Such a service, facility, or function shall , be financed, 19 provided, operated, or maintained in the service area of the 20 Authority either in addition to or to a greater or lesser extent 21 than services, facilities, or functions are financed , provided, 22 operated, or maintained for the entirety of the respective units . 23 of local government. 24 "5 160A-609 . Service area of the Authority. 25 The service area of the Authority shall be as determined by the 26 Board of Trustees consistent with its purpose. PO 27 "s 160A-610. General powers of the Authority. fg 28 The ceneral powers of the Authority shall include an y or all of 29 the following: 30 (1 ) To sue and be sued; . • . , _.......... 31 (2) To have a seal; 32 ( 3 ) To make rules and regulations , not inconsistent 33 with this Chanter, for its organization and 34 internal management; 89-LBX-006C(2.17 ) Page 7 , 1 . . GENERAL ASSEMBLY OF NORTH CAROLINA . SESSION 1989 . . . . . " . , . . 11 • • 1 (4) 12_ ploy persons deemed neceSS7 to carr out the 2 manaoement functions and duties assigned to them by ..._--z.....—..._ 3 . L.122.2.ki_t/_and to fix their compensation, within 4 the limit of available funds:- 5 (5) With the a...roval of the unit of local government's 6 chief administrative official, to use officers , 7 flaloy_ agents and facilities of the unit of 8 . local .overnment for such purposes and u.on such 9 terms as may be mutually agreeable ; 10 ( 6) To retain and employ counsel , auditors , enoineers 11 and private consultants on an annual salary, 12 contract basis, or otherwise for rendering 13 professional or technical services and advice ; 14 (7 ) To acquire , lease as lessee with or without. option 15 to Purchase, hold, own, and use ani_ franchise, 16 property, real or personal , tangible or intangible, 17 or any interest therein and to sell , lease as 18 lessor with or without opt: on to purchase , transfer 19 (or dis.ose thereof) whenever the same is no longer 20 reouired for purposes of the Authority, or exchanoe 21 same for other propert or riohts which are useful 22 ' for the Authority' s purposes, including but not 23 necessarily limited to Parking facilities ; 24 (8) To acquire by gift, purchase, lease as lessee with 25 or without ation to .urchase or otherwise to 26 construct, improve, maintain, repair , operate or 27 administer an component .arts of a yublic . 0 28 trans.ortation systeM or to contract for the -II 29 maintenance, operation or administration thereof or 0 .. 0 0 30 to lease as lessor the same for maintenance, 31 aeration, or administration b .rivate .arties, 32 including but not necessarily limited to parking 33 facilities; 34 _.....—( S ) , To make or enter intc contracts . acreements , deeds , 35 leases with or without option to purchase , Page 8 • 89—LBX-006C(2.17) GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 12 • 1 conveyances or other instruments , including • 2 contracts and agreements with the United States, '3 the State of North Carolina, and units of local 4 government; 5 (10) To surrender to the State of North Carolina any 6 property no longer reauired by the Authority; 7 (11) To develop and make data, plans, information, 8 surveys and studies of public trans .ortation 9 facilities within the territorial -jurisdiction of 10 the Authority, to prepare and make recommendations 11 in regard thereto; 12 ( 12) To enter in a reasonable manner. lands , waters or 13 premises for the Pursose of makin. surve s , 14 soundinos , drillincs , and examinations whereby such 15 entry shall not be deemed a trespass except that 16 the Authority shall be liable for any actual and 17 consequential damages resulting from such entries; 18 ( 13) To develop and carry out demonstration projects; 19 ( 14 ) To make, enter into, and perform contacts with 20 private parties, and public transportation • 21 companies with respect to the management and 22 operation of public passenger transportation; 23 (15) To make, enter into, and perform contracts with any 24 public utility, railroad or transportation company 25 for the joint use of property or rights , for the 26 establishment of through routes, joint fares or 27 . transfer of passengers; 28 . (16) To make , enter into, and perform agreements with 29 governmental entities for payments to the Authority 30 for the transportation of persons for whom the 31 oovernmental entities desire transportation; 32 ( 17 ) With the consent of tne unit of local covernment 33 which would otherwise have il::isdiction tc exercise 34 the powers enumerated in this subdivision: to issue 35 certificates of public convenience and necessity; 89-LBX-006C(2.17 ) Page 9 1 • •, , GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 • . . 13 1 and to grant franchises and enter into franchise 2 agreements and in all resgects to regulate the 3 operation of buses, taxicabs and other methods of 4 nUblic • gassenoer transsortation which originate and 5 terminate within the territorial jurisdiction of 6 the Authority as fully as the unit of local 7 government is now or hereafter empowered to do 8 within the territorial jurisdiction of the unit of 9 local government; 10 ( 18) To operate public transportation systems and to 11 enter into and Perform contracts to operate .ublic 12 transportation services and facilities and to own 13 or lease property, facilities and equipment 14 necessary or convenient therefor, and to rent, 15 lease or otherwise sell the right to do so to any ---- 16 person, public or private; further , to obtain 17 orants, loans and assistance from the United 18 States , the State of North Carolina , any public 19 body, or any private source whatsoever; 20 (19) To enter into and perform contracts and agreements 21 . with other public transportation authorities, 22 . regional public transportation authorities or units 23 of local government pursuant to trle_provisions of 24 G.S. 160A-460 through 160A-464 ( Part 1 of Article 25 20 of Chapter 160A of the General StatuteS) ;. 26 further to enter into contracts and agreements with 27 private transportation companies; 28 ( 20) To operate public transportation systems extending *.•'--% z .7- e 29 service into any political subdivision of the State c , F7 . . E. 30 of North Carolina unless a particular unit of local _ 31 government operating its own public transportation 32 system or franchising the operation of a public ' 33 transportation system by majority vote of its 34 coverninc board , snail deny consent; . • Page 10 89-LBX-006C(2.17) • • . ' GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 • 1 (21) Except as restricted by covenants in bonds . notes, 2 or equipment trust certificates, to set in its sole 3 discretion rates, fees and charges for use of its 4 public transportation system; 5 (22) To do all thins necessar or convenient to carr 6 out its purpose and to exercise the powers granted • 7 to the Authority; 8 (23) To collect or contract for the collection of taxes 9 which it is authorized by law to levy; 10 (24 ) To issue bonds or other obligations of the 11 Authority as provided by law and apply the proceeds 12 thereof to the financing any public 13 • transportation system or an part thereof and to 14 refund, whether or not in advance of maturity or 15 the earliest redemption date, any such bonds or 16 other obligations; and 17 ( 25) To contract for, or to provide and maintain, with 18 respect to the facilities and property owned , 19 . leased with or without option to purchase , operated 20 or under the control of the Authority, and within 21 the territory thereof, a security force to protect 22 persons and property, dispense unlawful or 23 dangerous assemblages and assemblages which 24 obstruct full and free passage, control pedestrian 25 and vehicular traffic, and otherwise preserve and 26 protect the public peace, health, and safety; for 27 these purposes a member of such force shall be a 28 peace officer and, as such, shall have authority 29 equivalent to the authority of a police officer of 30 the city or county in which said member of such 31 force is discharoinc such duties . 32 "S 160A-611. Authority of Utilities Commission not affected. 33 (a) Excest as otherwise provided in this Article , nothinc in 34 this Article shall be construed to limit or otherwise affect the 35 sower or authorit of the North Carolina Utilities Commission or 89-L87.-006C(2.12 ) Page 11 . _ GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 . . . . . 15 . : 1 the right of appeal to the North Carolina Utilities ComMission as 2 provided by law. 3 (b) The North Carolina Utilities Commission shall not have 4 jurisdiction over rates , fees, charees, routes, and schedules of 5 an Authority for service within its territorial jurisdiction_ 6 "s 160A-612. Fiscal accountability.. , . 7 An Authorit is a Public authorit sub 'ect to the Provisions of 8 Chapter 159 of the General Statutes. 9 "S 160A-613. Funds. 10 (a) The establishment and operation of an Authority are 11 governmental functions and constitute a public ourooser and the 12 State of North Carolina and any unit of local government may 13 appropriate funds to support the establishment and operation of 14 the Authority....__The State of North Carolina and any unit of local 15 government may also dedicate, sell, convey, donate or lease any 16 of their interests in any property to the Authority. 17 (b) The Authority may levy: 18 (1 ) A motor fuel tax of not to exceed one cent ( 1t ) per 19 gallon in accordance with G.S. 7?"2-777; 20 (2) An annual vehicle registration tax not to exceed 21 five dollars ($5.00 ) per vehicle in accordance with . . 22 G.S. ???-???? ; and 23 ( 3) A tax on the transfer of title to a motor vehicle , 24 not to exceed one-half of one percent ( 1/2%) of its . 25 value in accordance with G.S. ???-7777 26 "5 160A-614.. Effect on existin- franchises and operations. . c 27 Creation of the Authority shall not have an effect on any r a C 28 existing franchises granted by any unit of local government; such 7 V c 29 existing franchises shall continue in full force and effect until c 30 legally 'terminated; further, all ordinances and resolutions of .. 31 the unit of local government reoulatinq local .ublic 32 transportation s stems, bus operations, and taxicabs shall 33 continue in full force and effect now and in the future , unless 34 superseded by reoulations of the Authority; such supersedinc , 35 an ., may occur only on the basis of. prior mutual agreement Page 12 89-LBX-006C(2.17) _ . — 16 GENERAL ASSEMBLY OF NORTE CAROLINA . . SESSION 1989 • • 1 between the Authority and the respective unit of local 2 government. 3 "S 160A-615. Termination. 4 The Board of Trustees may terminate the existence of the 5 Authority at any time when it has no outstanding indebtedness. 6 In the event of such termination, all property , and assets of the 7 Authority not otherwise encumbered shall automatically become the 8 pr2Rellyof_the State of North Carolina, and the State of North 9 Carolina shall succeed to all richts, oblications , and 10 liabilities of the Authority. 11 "S 160A-616. Controlling provisions. 12 Insofar as the provisions of this Article are not consistent 13 with the provisions of any other law, public or private , the 14 provisions of this Article shall be controllinc. 15 "5 160A-617 . Bonds and Notes Authorized. 16 In addition of the powers ' ranted b this Article , the 17 Authorit ma issue bonds and notes Pursuant to the provisions of 18 the Local Government Bond Act and the Local Government Revenue 19 Bond Act for the purpose of financing public transportation 20 systems or any part thereof and to refund such bonds and notes, 21 whether or not in advance of their maturity or earliest 22 redemption date . To pay any bond or note issued under the Local 23 Government Bond Act, the authorit ma not pledge the ley of an 24 ad valorem tax, but only a tax or taxes it is authorized to levy 25 "S 160A-618. Equipment Trust Certificates. aFi 26 In . addition to the powers here and before •ranted, the 27 Authority shall have continuing power to purchase eauipment, and gE 28 in connection therewith execute aoreements, leases with or 29 without option to purchase, or eouipment trust certificates. All • 30 money reouired to be paid by the Authority under the provisions 31 of such acire?ments , leases vith cr without cotion to purchase , 32 and equipment trust certificates shall be Payable solely from the 33 fares, fees, rentals, charces, revenues, and earnings of the 34 Authority, monies derived from the sale of any surplus property 35 of the Authorit and •ifts, °rants, and contributions from an • 89—LBX-006C(2 .17) Page 13 . • - GENERAL ASSEMBLY OF NORTH CAROLINA . SESSION 1989 - - - . ' _ . 17. 1 source whatever. payment for such equipment or rentals 2 therefore, may be made in installments; the deferred installments 3 ma be evidenced b equipment trust certificates savable solely 4 from the aforesaid revenues or receipts and title to such 5 2221pment may or may not vest in the Authority until the 6 eauisment trust certificates are paid. . 7 "S 160A-619. Power of Eminent Domain. • 8 (a) The Authorit shall have continuins sower to acquire, b 9 gift, grant, devise, bequest, exchange , purchase, lease with or 10 without option to purchase, or any other lawful method, including 11 but not limited to the power of eminent domain, the fee or any . 12 lesser interest in real or personal •ropertv for use br the 13 Authority. • 14 (b) In exercising the power of eminent domain the Authority 15 shall use the srocedures of Chaster 40A of the General Statutes. 16 "S 160A-620. Tax Exemotion. 17 The property of the Authority, both real and personal, its 18 acts, activities and income shall be exempt from any tax or tax 19 obligation; in the event of any lease of Authorit sroserty, or 20 other arrancement which amounts to a leasehold interest, to a 21 private jparty, this exemption shall not asst to the value of 22 such leasehold interest nor shall it apply to the income of the 23 lessee. Otherwise, however, for the purpose of taxation, when 24 property of the Authority is leased to private parties solely for 25 the sursose of the Authority, the acts and activities of the 26 lessee shall be considered as the acts and activities of the , 27 Authorit and the exemption. The interest on bonds . or cy. 28 obligations issued b the Authorit shall be exempt from state .., = 29 taxes. 30 "5 160A-621. Removal and Relocation of Utility Structures. 31 (a) The Authority shall have the power to require an sublic 32 utility, railroad, or other public service corporation ownLa9 21 33 operating any installations, structures , eguisment, asparatus, 34 pace s or facilities in, upon , under , over , across or alone 35 an ' walls on which the Authority has the right to own, construct, Page 14 . 89-LBX-006C(2.17) • 1 In8====111Nemomosmoor GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 18 1 operate or maintain its public transportation system, to remove 2 or relocate such installation, structures, eouipment, apparatus, 3 appliances or facilities from their locations. 4 (b) If the owner or operator thereof fails or refuses to remove . 5 or relocate them, the Authority may proceed to do so. The 6 Authorit ma provide the necessary new locations, and for that 7 purpose the power of eminent domain as provided in G.S. 160A-619 8 may be exercised Provided the new locations shall not be in, on 9 or above , a public way; the Authority may also acquire the 10 necessar new locations b purchase or otherwise . 11 (c) The Authorit shall reimburse the public utilit , railroad 12 or other public service corporation, for the cost of relocations 13 which shall be the entire amount paid or incurred by the utility 14 properly attributable thereto after deducting the cost of any 15 increase in the service capacity of the new installations„. 16 structures, eouioment, apparatus, appliances or facilities and 17 any salvage value derived from the old installations , structures , 18 eouipment, apparatus or appliances. " 19 Sec. 2. G.S. 159-81(1) reads as rewritten: 20 "(1 ) 'Municipality' means a county, city, town, incorporated 21 village, sanitary district, metropolitan sewerage district, 22 metropolitan water district, county water and sewer district, 23 water and sewer authority, hospital authority, hospital district, 24 parking authority, special airport district, regional public 25 transportation authority, and airport authority, a joint agency 26 created pursuant to Part 1 of Article 20 of Chapter 160A of the 27 General Statutes, but not any other forms of local government. " • 28 Sec. 2. 1 . G.S. 159-44( 4 ) reads as rewritten: 0 29 " ( 4 ) 'Unit, ' unit of local government. ' or ' local government' 30 means counties; cities, towns, and incorporated villages; 31. sanitary districts ; mosquito control districts; hospital 32 districts; metropolitan sewerage districts; metropolitan water 33 districts; county water and sewer districts ; regional yublic • 34 transportation authorities ; and special airport districts. " 35 Sec. 2.2. G.S. 159-48(e) reads as rewritten: 89-.LBX-006C(2.17 ) Page 15 . • GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 19 . • 1 " (e) Each sanitary district, mosquito control district, 2 hospital district, metropolitan sewerage district, metropolitan 3 water district, county water and sewer district, regional public 4 transportation authority and special airport district- is 5 authorized to borrow money and issue its bonds under this Article 6 in evidence thereof for the purpose of paying any capital costs 7 of any one or more of the purposes for which it is authorized, by 8 general laws uniformly applicable throughout the State, to raise 9 or appropriate money, except for current expenses. " 10 Sec. 3 . [ADD AUTOMOBILE REGISTRATION TAX] 11 Sec. 4 . [ADD MOTOR FUEZ,S TAX] 12 Sec. 5. (ADD TITLE TRANSFER TAX) 13 Sec. 5. This act is effective upon ratification. Page 16 89-LBX-006G(2.17 ) - - . . • • MAR 0 6 1989 20 Itg. ey • • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O.BOX 25201. RALEIGH 27611-5201 JAMES G.MARTIN GOVERNOR PUBLIC TRANSPORTATION DIVISION March 3, 1989 POST OFFICE BOX 25201 JAMES E.HARRINGTON 919/733.4713 SECRETARY MEMORANDUM TO: County Commission Chairmen Edmund Aycock, William Bell and Moses Carey; Commissioners Bob Heater, Becky Heron and Shirley Marshall ; Mayors Avery Upchurch, Koka Booth, Jonathan Howes and Wib Gulley FROM: David D. King, Directorbiaqm SUBJECT: Comments on Draft Legislation for Regional Transportation Authority Attached are comments we have received from the Town of Gary and Wake County on the draft legislation for the Regional Transportation Authority (RTA). The Wake County Board of Commissioners correspondence to Secretary Harrington makes recommendations which differ substantially from the agreement reached at the ad hoc meeting on February 17. The Wake Board of Commissioners recommend that: (1) Each Board of Commissioners be responsible for appointing authority numbers; 0 (2) Authority members need not necessarily be elected officials; and (3) Any tax levy or bond issue sought by the Authority must be approved by each Board of Commissioners. The Wake Commissioners further suggest a method of appointing Wake County's Authority members which calls for the Commissioners to make all five appointments from among nominees submitted by the municipalities and others. However, the Cary Town Council wishes to directly appoint a representative rather than suggest nominees. Final determination of the actual means of appointing representatives from Wake County should be determined by the leadership within Wake County and should be explicitly stated in the legislation. An Equal Opportunity/Affirmative Action Employer • March 3, 1989 Page 2 21 The consensus at the February 17 meeting was that any taxes to support the operations of the Authority should be levied by elected officials. If Authority members are not required to be elected officials, any tax levies would need approval by county commissioners to achieve county-wide coverage. This arrangement would have the recommended tax levy approved by each board of commissioners separately. Alternatively, a separate regional transportation authority tax district board could be established, much like the Raleigh-Durham Airport Authority. Each Board of Commissioners could appoint one or two of its members to this board which would approve tax levies and bond issues. This second method would avoid the potential problem of having one county disapprove a tax levy which was acceptable to the other two. One action would be more efficient than three independent decisions which may need to be reconciled. Under the two-tiered arrangement, the RTA would independently administer an annual budget, set fares, apply for and receive grants. In order to introduce legislation this session, we need to receive your guidance as soon as possible. Please call Pat or me with your suggestions and comments. • DDK:aw Attachments r 0 -------------- 22 u-Kta C U C:1 VW% E F=t 42,L. Ni CD FP'I' CO L-11\144 MEMORANDUM TO: The Honorable James E. Harrington, Secretary North Carolina Department of Transportation FROM: Wake County Board of Commissioners SUBJ: Comments on Draft Proposal for a Regional Transportation Authority DATE: March 1 , 1989 At its February 27, 1989 meeting, the Wake County Board of Commissioners took the following actions concerning the proposed Regional Transportation Authority: 1. The Wake County Board of Commissioners approve the concept of a Regional Transportation Authority. II. The Board made the following recommendations concerning governance (Attachment 1): A. Since the joint meeting of the Mayors and County Commissioners Chairman did not agree on how to govern the appointment of the Authority appointees, that should be the prerogative of each County. B. For Wake County, the Board of County Commissioners should appoint all five members. At least four of these appointees should come from a list of nominees submitted by the various municipal boards. The list would consist of two nominations from the smaller municipalities and four from the City of Raleigh. The Board of County Commissioners 0 would then make appointments with at least one from the Town of Cary list, two from the City of Raleigh list, and one from the balance of the nominees. The fifth appointee would be from the list of nominees 0 2 or elsewhere. C. The requirement that the Authority members have to be an elected official should be removed and be left up to the individual appointing authorities. D. All taxes and bonds imposed by the Authority must be approved by the three Boards of County Commissioners. (An example of this concept exists in the Research Triangle Park Special Taxing District.) . This is important for it allows the appointment of non-elected officials to the AUthority and this is necessary if the Authority is to be strong enough to do a good job. (This idea was suggested at the ad hoc committee meeting by someone from either Durham or Orange counties and it makes good sense.) Poet Office Box 550.Raleigh,North Ceroline 27602 1109111100111111103101101•I t pr 23 RECOMMENDED CHANGES TO DRAFT LEGISLATION 1. .Page 2, Paragraph 3,. Line 3. "1980" should be removed and "most recent " substituted instead. 2. Page 2, Paragraph 4, Line 11. After the work "within- add "or working within". 3. Page 2, Paragraph 5, Line 19. At the end of this paragraph add "but specifically not including streets, roads, or highways." 4. Page 5, Section (a), Lines 1 , 2, 3. It would be good if the Authority could extend service to other counties if the Authority felt it was cost effective. 5. Pate 5, Section (b), Lines 4, 5, 6, 7. This section should be specific that the authority could not take over existing transportation without approval of the ownership of that transportation entity. 6. Page 5, Section (a)(1), Line 19. Add method recommended by Wake County suggested earlier in this memo. 7. Page 6, Section (c). Lines 11, 12. Omit the sentence Each voting member of the Board of Trustees must hold elective public office, as defined by G.S. 128-1.1(d)." 128-1(c)." 8. Page 6, Section (a), Lines 27, 28. Delete "Other than the non-voting ex-officio member," and capitalize "Each". 0 0 9. Page 12, Section (b), Line 17. Add "with approval of the Boards of County Commissioners of the three Counties within the Authority. 10. Page 13, Lines 15-24 add "with approval of all the Boards of County Commissioners of the three Counties within the Authority-. a:rta3-89 .. . . . . . . • 1-,:s-P-tiT-•: ..i..e7.?,37, Town of Cary . •• • , , : - i: ,.g. I r'l . 24 !1 North Carolina . ( ,,,-,4W ,: 'lilt' is.1 ,--•".--p.' &ill os..----eN,A) • 27512-1147 :. .P, 2 W89 ,..„,,, .....,....--:_:-..„7". N.C.LI.:.:•it'il•r.:-.:Ti:1"0.7';',ANSP.1-1:7,,TION PUBLIC IP,A?:SPORIATION DIV. February 28, 1989 • Mr. David D. King . State of North Carolina Department of Transportation Post Office Box 2520) Raleigh, North Carolina 27611-5201 Dear Mr. King: The Cary Town Council, during its regularly scheduled meeting, held Thursday, February 23, 1989, discussed the Regional Transporta- tion Authority concept. The Town Council authorized me to write the North Carolina Department of Transportation to express our approval, in principle, of the legislation authorizing formation of the Authority. This approval, however, was conditioned upon the Town of Cary's appointing one of the five representatives from Wake County. The Town of Cary has always been considered a leader in municipal planning, and the Cary Town Council feels that planning and implement- ing a Regional Transportation Authority is in the best interest of the Town as well as the region. . . I look forward to working with members of the Department of Trans- portation and the other elected officials in the region to ensure that the legislation we need is enacted. If I may provide you with additional information, please do not hesitate to call. '7. Sincerely, _ . .i'• __. -- t: • Koka E. ;•oth Mayor - KEB/mdr cc: Honorable James Harrington, Secretary of Department of Transportation Honorable James Peden, Chairman of Board of Transportation • Cary Town Council Members Brooks, Garmon, Godbold, Hinshaw, McZ.aurin, and Sparrow Mr. James L. Westbrook, Jr., Cary Town Manager . . Mr. S. Douglas Spell, P.E., Cary Town.Engineer Mrs. Glenda Toppe, Planning Director • , . . • 1 • • = 1 ORANGE COUNTY • BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21 , 1989 SUBJECT: Solid Waste Task Force Report DEPARTMENT: Public Works PUBLIC HEARING YES: NO: X 'ATTACHMENT(S) : Report INFORMATION CONTACT: Wilbert McAdoo Executive Summary Ext . 480 Resolution TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: For the Board of County Commissioners to receive report from the Solid Waste Task Force. BACKGROUND: The Durham-Orange Regional Solid Waste Task Force organized in 1986 to address the problems of solid waste management for the two counties. After long study and deliberation including an engineering study of the regional solid waste management options for Orange and Durham Counties by H.D.R. Engineering, this Task Force presents its recommendations to the governing bodies in both Counties. RECOMMENDATION(S) : Adopt Resolution as included in the back of this report. r WHEREAS, the management of solid waste has become a major problem in our region; and WHEREAS, in recognition of the problem, the local governments of Durham and Orange counties have formed a Regional Solid Waste Task Force to study the issues and make recommendations for solutions; and WHEREAS, that Task Force has recommended to the member governments of the two counties certain actions and steps, which include the recommendation that the two counties continue to work together to solve these solid wast problems: NOW THEREFORE, BE IT RESOLVED BY THE Orange County Board of Commissioners the following: 1. that Orange County supports these joint efforts; and 2. that the Orange County Manager is hereby requested to report to the board on the recommendations of the Task Force, and to present recommendations for further specific actions, which would include information on costs and funding. This the 21st day of March, 1989. To be adopted by: Town of Carrboro Town of Chapel Hill City of Durham Durham County Orange County • Final Report of the Solid Waste Task Force History The Durham - Orange Regional Solid Waste Task Force ( SWTF t * convened' under the direction of the mayors of Chapel Hill and Durham in July 1986 to address the problems of solid waste management for the two counties. The Task Force stated its charge to be: . . .To identify the problems of waste disposal and explore alternative solutions to those problems . The positive and negative aspects of each -should be evaluated while keeping in mind cost-effectiveness , environmental sensitivity, and the political realities they' affect . With such information at hand , the Task • Force will draw a conolusion to present to those governing bodies they represEnt . After long study and deliberation, this Task Force presents its reeommendations to the governing bodies in these two counties . The Task Force is of the opinion that its work-to-date represents a cound approach to developing a plan for the next generation of solid waste management mechanisms. There is much work remaining to be (Aerie . Our recommendations to the elected officials of Carrboro, Chapel Hill , Durham, Durham County, and Orange County are contained in ihis document and include: specific recommendations for the next phase of work, a timetable for proceeding with the work , and mechanisms , both fiscal and institutional , for accomplishing this work. Background • in NoVember 1987 , the Durham - Orange SWTF commissioned an engineering study of the regional solid waste management options for Orange and Durham Counties. HDR Engineering was selected to perform the study and was charged by the SWTF with application of the highest degree of protection of human health and the environment in its evaluations of feasible options. While in • progress , the study was reviewed by the Technical Subcommittee of the Task Force and the whole SWTF. It also incorporated citizen comments from two public hearings held in January and December 1988. The final report resulting from the study was received and was accepted by the SWTF in December 1988 . A copy of the executive summary of that report is attached. HDR's report recommends the following : 1 ) Development of a plan to reduce wastes and increase recycling in . all jurisdictions to reach a minimum goal • of 25% recycling in Orange County and 20% in Durham County by 1998; *Throughout this report , the term "regional" refers to Durham and .Orange Counties . • • • 3 1 2 ) initiation of a search for a new landfill site of al • least a ten year capacity in Orange County. Study should include full public participation; 3 ) More detailed study and evaluation of the following technologies for reduction of solid waste volume: a ) Regional Refuse Derived Fuel Production 1RDF ) facility; b) Regional waste-to-energy ( WTE ) mass burn facility; c ) Compost/landfill facilities either regional or for each county. Compost should include both municipal, solid waste and sludge; 4 ) Rvnluation of participation in a larger WTE projer-1 involving Wake ( ounty; 5 ) Evaluation of mechanisms to establish a regional sc,lid • waste management program i .e . an agency: 6 ) An evaluation waste flow control mechanisms :o direct all refuse haulers in the jurisdictions tc deliver waste to at specified solid waste disposal facility( ies ) ; and 7 ) Development, of a comprehensive waste management plan which will include recycling, waste reduction , and reduction of the volume of waste remaining after recycling. The SWTF has identified further work necessary as part of the upcoming phase of the solid waste management planning process . That work includes: Development of a mechanism to invite other jurisdictions such as Chatham County, to participate in identification of common solid waste management needs ; A major 'multi-jurisdictional waste • eduction education effort conducted with support and assistance of Triangle COG; • Development of a detailed waste-stream analysis for both counties (originally .recommended by HDR) ; Review of the solid waste management legislation pending before the State Legislature this session and determination of support for any or all of the nine pieces of legislation which represent the package of bills recommended by the • -- • - • • -• • • 4 of support for any or all of the nine pieces of legislation which represent the package of bills recommended by the Legislative Solid Waste Study Committee or any other • legislation deemed useful and necessary; and Following the detailed studies of the various technologies recommended by the engineers , a risk assessment of the technologies selected for volume reduction and waste management . • Work Plan Discussion The items discussed below represent a signifiCant work plan for the next two years. It should form , the basis for the two counties' solid waste management plans . HDR' s cost estimates for each study recommendation as well as estimates for other work that the Task Force recommends are included in the description of each task . The Task Force • • recommends that its member governments undertake the following work and share the costs of both staff time and for the consultants required. NOTE : These estimates will be refined by individual governments and through the consultant selection process . We . recommend that, these . costs be paid from landfill fees . it Waste Reduction: The SWTF recommends that the staff' from each of the Orange and Durham recycling programs develop a comprehensive waste reduction and recycling program. This program would include continued separate collection of recyclables but identify ways to • cooperate on advertising, processing, and marketing of - materials collected. In addition, the waste reduction plan should address the collection of plastics and other materials , development of rural recycling, household hazardous waste collection, and inclusion of • communities not now involved in the curbside collection program such as Hillsborough . Development of the recycling plan may involve the use of consultants for specific tasks such as publicity campaigns or materials processing facilities. Cost of. collection -- individually determined. "Coat of group advertising and marketing -- $5 ,000. Shared. ( FY 89 -90) 2 ) Landfill site search for Orange County: Conduct the • site search as described by HDR. Site selection should include citizen participation be led by the Landfill Owner's Group. Cost $150,000 to S200 ,000. Orange County only. (FY 89-90) :3) Study of volume reduction technologies : a) RDF. Conduct a marketing study to identify • • . • 5 potential users of a RDF product . if this market study successfully identifies potential user( s ) • then consider proceeding with further study of a 1400 ton per day (TPD) RDF facility. Cost S10 ,000. Shared. (FT 89-90 ) b) W-T-E. Conduct a site-specific feasibility stud of a regional 1200 TPD W-T-E plant. Cost $85 , 000. Shared . ( FY 89-90 through FY 90-91 ) . • c ) Municipal Solid Waste (MSW) Compost Plant/Landfill. Conduct site specific feasibility study of NSW composting plant( s ) with total capacity of . - 1200 TPD to reduce volume of solid waste . Cost 550,000. Shared. (FY 89-90 ) • 4 ) Evaluation of participation in a larger WTE project .• involving Wake County: HDR and Camp, Dresser, McKee , the Engineering firm for the Wake County solid waste study, have discussed the feasibility of a large wIL plant to serve all three counties And determined that there is no advantage to such a plant . The governments' of these three count ies, and possibly Chatham, should enter discuss on to determine if there are other areas for cooperation similar to the emergency water supolY pact signed at the World Class Region conference. There will be no formal engineering evaluation of regional WTE Facilities of this size. No costs required , at this time . • 5 ) Solid Waste Management Agency: The City and County attorneys and Finance Directors of Chapel Hill , Durham, Durham County, and Orange County will explore the mechanism whereby a Durham-Orange solid waste agency could be created . Consultants may be employed in subsequent phases of work . No costs are anticipated for the initial study. If an agency is created, there will be some start up costs to institute this agency including staff, facilities , and a charter. Cost • $400,000, -Shared (FY -90-91 ) 6 ) Waste Stream Control Mechanisms: to direct all refuse haulers in the jurisdictions to deliver, waste to a specified solid waste disposal facility( ies ) : Mecklenberg County has been instrumental in the passage of enabling legislation by the State of North Carolina. Under this law, following development by the local governments of a solid waste plan and its acceptance by the State, local ,jurisdictions are empowered to enact a waste flow control ordinance. There is no need for further action on the ordinance at this time. This report is the framework for the required solid waste management plan . No costs required at this time . FY 88-89 through FY 90-91 . 6 5 7 ) Workina with other COG area governments : - . Development of a mechanism to work with those governments who have not been involved in this regional study on solid waste management. No costs identified at this time. . FY 89-90 8 ) Design a major region-wide waste reduction education effort : • Representatives from Chatham, Durham, Orange , • and Wake Counties , with support from the Triangle COG, should form a group to develop and produce a waste-reduction program and education program for the four count area. The program could include a major presentation piece, FSAs and other materials . cost : $20,000 direct . $6 , 500 staff time, $1000 support . Shared ( FY 89-90 ) . The first step in this process has been taken with the initiation of a recycling hotline at Triangle J COG. Beginning in March the 549-0551 local toll-free phone number at the COG will provide recycling information tc callers from • anywhere in Wake , Orange , or Durham counties . Cost $75 direct . $250 donated for PSA production . 9 ) Detailed waste stream analysis for both counties : In order to determine which of the waste reduction technologies are feasible, the composition of the waste • must be known . Orange and Durham counties will contract for a year-long detailed study of their solid was( e. There is potential to involve all the Triangle area universities as participants and to conduct the studies. Cost $50,000 . Shared (F1 89-90 ) . 10 ) Legislation: A brief description of the nine bills developed and recommended by the Solid Waste Study Committee slated to go before the Legislature is attacfied . The SWTF requests that the elected bodies determine their support for any or all of these bills as well as any other solid waste related-Jegislation they may deem necessary and inform " their local delegation as well as the League of Municipalities and the NC Association of Counties. No costs identified at this time. 11 ) Risk Assessment : Following the detailed studies of the various technologies, an assessment of the health and environmental risks of the each of the technologies selected for volume reduction and waste management should be conducted. Cost. $20,000 per technology per site (Assuming that there is the requisite background physical data about each site) . FY 90-91 . Cost to he 7 borne separately or jointly depending upon site and technology . 12 ) Continuation of the SWTF: This task force has a 'substantial amount of work remaining . It should be continued in its current form at least until June 30, 1991 or such time as an agency may be formed to . lead solid waste management efforts for this region , which ever occurs first . Costs not identified at this time. Summary of costs : Landfill Site Search : $150, 000 - $200,000 (Orange only) Studies to be conducted by Durham and Orange in FY 89-90 . $10 ,000+$50 , 000+85 ,000+$50 , 000 S195. 000 Waste Reduction Project : $20, 000 Recycling Program Marketing and Market Development : $5 , 000 Solid Waste Management agency $100 , 000 ( FY 90-91 ) Risk Assessments : $20, 000 per technology per site. ( FY 90-91 ) Recommendation The SWTF recommends that this report be adopted by the governing bodies of Carrboro, Chapel Hill , Durham, Durham County , and Orange County and referred to their respective managers for further development of the workplan for solid waste management . We ask that the governing bodies endorse the attached resolution regarding continued regional cooperation and the continued existence and support of the SWTF. Attachments : 1 ) Executive SumMary of HDR's Report to the Task Force 2 ) Legislative Package Summary 3 ) Resolution asking for Support • , .. 8 PENDING LEGISLATION The following is a list of legislation to be considered by the \t legislature this session. The Solid Waste Legislative Study Committee, headed by Senator James Speed (Franklin Co. ) and Rep. George Brannan ( Smithfield -- defeated ) began meeting in November 1987 and finished its work on December 2 , 1988 with its recommendations to the Legislature • as a whole . Their nine recommended pieces of legislation are as follows . The full, draft of each piece of legislation is available from Susan Iddings , Staff Counsel , Legislative Study Committee , Rm *100 Legislative Bldg. Raleigh NC 27611 (919-733-6660) . 1 ) State should establish a state policy for solid waste management which should include the following hierarchy of methods of waste management a ) Waste volume reduction at the source; b) Recycling and reuse; c ) Compogting; d ) Ineineration with energy recovery; e ) Incineration for volume reduction only; f) Disposal in landfills . This bill also includes : a goal of 25% recycling statewide by 1993 -- this is • commensurate with EPA' s recently announced national goal : a requirement that state agencies develop a plan to meet the goal preference in purchasing to products with recycled content : requirement that each county develop a comprehensive solid waste management plan by January 1 , 1992. The State should complete the development of a comprehensive solid, waste management plan by January 1 , 1991 . This should - provide a framework for the counties' plans . The other pieces of legislation are: • 2 ) Addition of 25 staff for the Solid Waste Branch of DHR in FY 89-90 and 25 more in 90-91 to provide technical assistance and research in permitting, recycling , landfill operation and waste reduction. 3 ) A solid waste managment revolving loan fund to provide low interest loans for alternatives to landfillingi The total loan fund would be S10 million annually with a cap of 52 million for individual loans. As the bill is presently written, the loans • • • 9 can be for everything from recycling equipment tti incinerator c.onstruetion. 4 ) The State should promote the use of recycled products by giving a 10% price preference to the purchase of products with recycled content and to contractors who use products with recycled 'content . The State purchases of recycled paper should be at least 10% percent of its total paper purchases by January 1, 1991 . 5 ) The State Solid Waste Branch should be the clearinghouse for information regarding solid waste management . • 6 ) The General Assembly should make it clear that cities and counties can, under their authority to regulate solid waste : require source separation of recyclables; require participation in a government-approved recycling program; require county or city landfills to accept for disposal only that solid waste which was generated in the geographic area their landfill was permitted to serve . 7 ) A county landfill has conditional authority to charge a municipality located in the county a solid taste disposal fee if that, county also charge.s other users a fee. Presently, if the landfill is .run with general revenue funds , counties are prohibited from charging municipalities within their boundaries n fee . 8) Consolidation of environmental agencies . 9 ) Continuation of the Legislative Study Committee on Solid Waste which is statutorily slated to expire on December 31 , 1988 . • • • 1 • 10 i EXECUTIVE SUMMARY OF FINAL REPORT SOLID WASTE MANAGEMENT FEASIBILITY STUDY ORANGE AND DURHAM COUNTIES FOR THE REGIONhL SOLID %%STE TAM: FORCE OCTOBER 28, 1988 • • fr BY HDR ENGINEERING, INC. OF NORTH CAROLINA • 11 • EXECUTIVE SUMMARY TRE SoLID WASTE DISPOSAL PROBLEM Orange and Durham Counties have enjoyed a period of economic expansion that - began more than 20 years ago. The population of the area has grown from 190,000 in 1970 to over 290,000 today. The planning agencies at the state and local levels anticipate that both population and employment will continue to increase at a rapid pace for at least the next 20 to 30 years. By the year 2020, the population of the two Counties could reach 750,0x. The amount of solid waste generated by housdholds, busipesses, off ire , universities, shopping centers, manufacturing plants, and,from construct site clearing activities is also growing in proportion to the demogragni: expansion. The increases in waste quantities over the past few years ha...e already inpacted existing landfill operations and have required both Counties to initiate plans to increase the capacity of existing landfills through vertical expansions. The existing landfills in both Counties are expected to be filled to capacity by the mid to late 1990's. Over the next 30 years, the annual quantity of municipal solid waste in the •,..regionis:-.eveCted to increase fram.315,000.tons per,yearAo.about,.822,00C., tons per year. Ash from the UNC Power Plant will increase from 7,500 tons per year to around 50,000 tons per year due to the replacement of existing boilers with new, fluidized bed cohbustion units which will add pulverized lime for improved control of gaseous emissions. Approximately 75,000 to 150,000 tons per year of brush and ridable is also expected to be delivered to puhlic awned facilities for disposal. Were all these wastes to be ES - 1 • . . 12 landfilled at a single location for the next 30 years, they would cover over a square mile of lard buried to a depth of 50 feet. The total size cf future landfills would exceed 1000 acres. By the year.2020, solid waste would be generated at a rate that would cover the entire playing field of a football stadium to a depth of 25 feet in one week of time. PECYCIANG OF DOM NAMES MDR is of the opinion that Orange County and the City and County of Durhar should begin to address the pending landfill disposal crisis through the implementation of comprehensive recycling programs on a regional basis. These pdys could result in the realistic diversion of 25 to 30 percent of the total municipal solid waste generated in Orange County and the realistic diversion of 20 percent in the City and County of Durham. (1) In addition, the jurisdictions could recycle at least 50 percent of the bruS.7% and tree limbs from construction land clearing operations. If these goals are met, approximately 100,000 tons of municipal solid waste and 30,00:% tons of brush will be recycled by the year 2000. Over 210,000 tons of material would be recycled by the year 2020. These programs would reduce future required landfill volume by about 30 percent. v. • H1i is of the opinion that considerable benefit could be derived from the regionalization of the recycling programs, through the jointpse of a recycling storage and processing facility, joint use of a regional (1)HDR's figure differs from the targeted goal of 25 percent established by the City of Durham. ES - 2 13 yardwaste composting facility and potential joint use of brush chipping equiment. Savings would also result from a pooling of resources to administer the programs, to maintain public promotional activities, and to market recyclable materials. The anticipated net cost savings are expected to be about $700,000. to $900,000 per year. Other advantages of a regional recycling program include the potential to negotiate better prices with the markets on a quantity basis and the overall environmental benefit resulting from the reduction of the total number of sites needed for the various facilities. Utilizing prices consistent with present day markets, Orange and Durham counties could expect FY 2000 revenues of between $1.5 million and $2.0 million to offset the $4.3 million annual cost of operating the regional recycling program described in this report. The net operational costs of recycling multimaterials from households and from a portion of the commercial businesses and offices is expected to be about $35 per ton of recycled material (in 1988 dollars). Yardwastes and brush could be recycled at a net operational cost of about $15 per ton. The net cost of operating the regional recycling programs is expected to add about $5 per ton to the tipping fee at the landfill or other disposal facility assuming • •that-recycling will be financed out-of tipping fees. Development of a regional recycling program staged progressively over a period of 10 to 15 years will allow the jurisdictions to measure the success of the program and phase in capital and operating expenses at a pace which does not commit financial resources too far ahead of the proven success of the program. The recycling goals, implementation schedule and ES - 3 14 economic viability of the programs can be reevaluated on a regular basis with changes made as deemed warranted. LANDFILL DISPOSAL AIMERNATIVES Recycling can realistically be expected to reduce the demand for landfill disposal capacity by no more than 30 percent. As a result, both Counties will be required to provide disposal capacity for non-recycled wastes at • sites that would have to be physically much larger than the existing landfills. EXpanding development in both Counties coupled with the need to protect and expand water supply basins is rapidly depleting the number of locations at which future landfills can be sited. This problem will worsen with time. The development of a single, 15 to 20 year capacity regional landfill to serve the needs of both COunties after the existing landfills are closed • does not appear feaqible because of the lack of sites of sufficient size to meet these needs. Preliminary landfill siting analyses have disclosed a total of only five locations in the-region at which future individual °aunty sites capable. of providing 10 years of capacity for all non-recyclable wastes might be located. This small inventory of prospective site areas strongly suggests that the decision making process to select a new site for a large landfill in each Cbunty will be difficult when additional criteria such as community impacts and environmental considerations are taken into account. Were the juriwiictions of each County to proceed with the development of a large, new landfill to dispose of non-recycled wastes, they may be forced to ES - 4 15 select a site where a substantial compromise would have to be made with regard to these issues. HOR is of the opinion that future landfill disposal capacity on a scale needed to bury all non-recycled wastes may be exhausted in both Counties within 10 to 20 years. Future landfills of any size will be modern, well engineered facilities incorporating a wide range of pollution control measures and environmental monitoring systems in compliance with pending U.S. EPA RCRA subtitle D criteria and new State regulations. HDR is of the opinion that the net present value of these future landfills expressed as a tip fee, will range between $35 and $55 per ton. This compares to a current tip fee of about $10 per ton. HDR is of the opinion that at least a 50 percent decrease in the volume of non-recycled solid wastes would be required to reduce the size of future landfills to a level where more potential disposal sites could be found in both counties. As a result, the jurisdictions of both Counties must address alternative technologies for volume reduction on this order of magnitude. The implementation of these technologies could be required as soon as 1995 if neither County is successful in developing a new, large landfill, or as late as the year 2005. A least four to five years of lead time will be needed for planning and construction. The timing of this - .-decision will be contingent.upontthereserve landfill'disposal capacity •- available to each County, and on policies established to preserve that capacity. The failure to achieve targeted goals for recycling will serve to exacerbate the situation. ES - 5 16 ALTERNATIVE TECHNOLOGIES FOR VOLUME REDUCTION The feasibility of a regional solid waste management program should be based on proven technologies that will result in environmentally sound and reliable performance. It is also important that the selected technologies be of a type that will reduce the amount of residual or nun proce<ssible solid waste that rust still be landfilled by more than 50 percent. Based'on operational experience, the only technologies that can meet these criteria today are waste-to-energy incineration, and the composting of solid waste. Mass burn, waste-to-energy technology is capable of reducing the landfill disposal volume of municipal solid waste by about 80 percent. When coupled with a comprehensive source separation recycling program, 13DR is of the opinion that the combined reduction in volume could approach 90 percent. Refuse derived fuel (RDF) technology is capable of reducing the disposal volume of municipal wastes by 60 to 70 percent. When coupled with a source separation recycling program, HDR is of the opinion that the combined reduction in volume could approach 70 to 80 percent. { Finally, "the composting of municipal wastes can result in a 25 to 35 percent reduction in disposal volume of municipal wastes through the physical and biological process of organic decomposition. Were all of the compost to be marketed or given away, the total reduction in landfill volume could approach 60 percent exclusive of recycling. HDR does not believe this degree of volume reduction can be achieved because of market limitations. HDR is of the opinion that the coupling of a comprehensive ES - 6 17 source separation program with technology to compost municipal solid waste could result in an overall reduction in volume of about 50 to 60 percent assuming that all of the produced compost would be landfilled, and that compaGluad waste would reduce the need for daily soil cover. Any sales or productive use of composted MSW would obviously increase the effectiveness of this technology as a method to reduce the required volume of future landfills. HDR has concluded that densification technologies, such as baling or shredfills, and material separation technologies, even when combined with source separation programs will not achieve an overall volume reduction approaching 50 percent. While the use of these technologies might serve same benefits in an ancillary application to the solid waste management program, they should not be considered further as primary methods to achieve the required reduction in the volume of non-recycled solid wastes. ENTEROMENIAL ISSUES The environmental impacts of the operation of a regional waste-to-energy facility (mass burn or RDF) are most appropriately examined within the context of a comparison to the impacts of the alternative disposal method of either.continued landfilling of solid waste or compost. Both waste-to-emryy facilities and landfills will have an impact,pn traffic and noise levels, due to the transportation of waste to the facilities. Potentially signficiant impacts can be mitigated for both alternatives through proper site selection and/or road improvements. Odor impacts are potentially greater for landfills and greatest for composting facilities; however, appropriate siting as well as prudent operation can avoid any ES - 7 18 significant odor problems. The potential for groundwater contamination from a landfill or ash monofill should be minimized through use of state-of-the-art liners and leachate collection systems. In the event of liner failure, the ash monofill would release less leachate to the environment than a conventional solid waste landfill, due to the lower volume of waste involved. Available data are not sufficient to determine a clear-cut difference between the heavy metal content of solid waste leachate and ash leachate. The primary differences in the environmental impacts of landfills and waste-to-energy facilities are in the areas of air quality and public hpaith. Air pollutant emissions of criteria pollutants are much greater for waste-to-energy facilities. Egission of gases fi.tAti a solid waste landfill will produce considerably greater amounts of volatile and toxic organics than the combustion of a similar amount of waste in a waste-to-energy facility. It is not possible to conclusively state whether . landfills or waste-to-energy facilities have significantly different health risks. The risks associated with the combustion of wastes have been better characterized than those of landfills, due to the greater attention that ,hasbeerogiven,.to:the health risks.,of-waste-to-energy facilities. The risks of both alternatives appear to be low for nctlexn, well-designed and operated facilities. In Mrs opinion, the risks of wast&tO-energy facilities are more manageable, due to a greater ability to monitor the environmental performance of this alternative. It can be concluded that any strategy for the disposal of wastes in the Orange/Durham regional area will result in environmental impacts, and that ES - 8 19 no solution will be risk free. However, it is imperative that environmental acceptability be demonstrated for an alternative to be feasible. The ability to site, permit, and operate any solid waste . management facility will depend on the ability to mitigate significant environmental impacts. These impacts can be mitigated through special design features, siting (i.e., mitigation by avoidance), or add-on pollution control technology. CONCEITS FOR REGIONAL SYSTEMS USING ALTERNATIVE TECHNOLOGIES LOGIES conceptual systems for mass-burn incineration technology, refuse derived fuel technology and solid waste composting technology were evaluated for the purpose of making comparisons and to evaluate the overall feasibility of utilizing these technologies to solve the future solid waste disposal crisis on a regional basis. The studies which have been performed indicate that only mass-burn incineration and solid waste composting appear to be feasible solutions for management of the non-recycled solid wastes. Of these two technologies, only mass-burn incineration appears to be fPAgible on a regional basis and offers clear advantages over development of separate mass burn waste-to-energy facilities in each County. Solid waste composting is a proven technology, but historically has been burdened due - • to:a;lack:of'reliable markets for the compost material. Were the I t technology to be utilized in the study area, HDR assumed that the system would be based primarily on the burial of the composted waste in a landfill facility. There does not appear to be a clear economic advantage to the development of a single regional compost/landfill system, and the total required site size may cake the facility very difficult to site. HIM is of i ES - 9 20 the opinion that this technology would be best applied on an individual county basis. The production of refuse derived fuel for incineration in an industrial or utility boiler does not appear to have an application in the study area because of an absence of a market for the fuel. Potential RDF markets outside of the two County area were not evaluated during this study and warrants further analysis before this technology is eliminated from consideration. HOR has determined that a single, regional mass-burn waste-to-energy facility would be required to have an initial rated capacity of about 1200 tons per day, and would require a site size of about 25 acres. A total site size of about 40 acres would provide room for a recycling processing and storage facility. This regional mass-burn facility would process all of the non-recycled solid waste for at least 20 to 30 years. It would have to be expanded to about 1700 tons per day about 10 years after the start of operation to handle the projected growth in the amount of waste generated. COmbined, the comprehensive source separation recycling programs and the incineration of the remainder of the municipal solid wastes should reduce - the volume of Material requiring landfill disposal by nearly 90 percent. The total site size of the residue landfill required to servethe needs of the region for 20 years would be about 80 acres. Including ash from the UNC Power Plant, the required size of the residue landfill would be about 125 acres. Were the two Cbunties to incorporate a regional yardwaste composting facility and brush dipping and mulching facility at the same location, a total site size of about 250 acres would be required. ES - 10 21 The initial construction cost of a mess burn facility of this size, incorporating advanced pollution control technology, would be about $100 million (in 1988 dollars). This would require a bond issue of about $180 to $200 million. The tipping fee in the first year of facility operation would be about $70 per ton (in 1988 dollars) were the electricity produced to be sold to Duke Power Cdompany. Sale of energy to the Carolina Power and Light Cbmpany could reduce the first year tipping fee to around $65 per ton. On a net present value basis, the cost of a regional mess-burn facility expressed as a tipping fee would be in the $45 to $50 per ton range. This lower set of figures for the net present value is attributable to the offsetting revenues provided by the sale of energy over the 20 year period of project financing. Development of a regional, mass-burn waste-to-energy facility is expected to save the jurigdictions of both Counties about $30 million in initial construction costs and a total of about $70 million aver a 20 year period when compared to the cost of building and operating separate waste-to-energy facilities in each Ct*irity. This would translate into a savings of about $8 per ton of waste processed on a net present value basis. HER determined that a single, regional refuse derived fuel processing facility would be required to have an initial rated capacity of about 1400 tons per day and would require a site about 25 to 40 acres in size. The estimated construction costs for the facility would be about $45 million (in 1988 dollars) exclusive of the cost of land or modifications to any industrial or utility boilers and their associated pollution control ES - 11 $ • - 22 equipment. The net present value of this technology expressed as a tip fec could not be determined because costs associated with transportation and utilization as a supplemental fuel are unknown due to a lack of a market within the two county area. A regional compost/landfill facility would be designed using in-vessel technology to process about 1200 tons per day of non-recycled solid waste. Additional processing capacity would be incorporated on a regular basis in response to the growth of the waste stream. HER estimates that a regional composting plant would require a total site size of about 150 acres immediately adjacent to a disposal landfill having a total site size of about 400 to 500 acres. This land requirement does not include provisions for a recycling processing and storage facility or a iegional yardwaste composting and brush chipping facility which would add another 150 acres tc the size of the site were they to be sited at the same location. The development.of a regional composting facility will have to address mitigation measures for odors. • HER estimates that the initial cost of construction for a regional composting plant would be about $25 to $30 million (in 1988 dollars) and -Wculd-costtatrout115 to $20 per ton to operate. Ilhe.net.present value of the conibined cost of the compost facility and compost landfill expressed as a tip fee is expected to vary between $35 and $50 per ton. The Combined capital costs and net present value of individual composting projects in each county is expected to be comparable to a single regional facility. These costs are based on burial of all composted material. Were a significant portion of the composted waste to be diverted from the compost ES - 12 23 landfill to markets or other uses, the economics of this alternative technology would improve considerably. HER also estimates that the net operational costs of a regional source separation recycling program could add about $5 per ton to the above figures assuming that targeted goals are achieved and adequate revenues are provided through the sale of recycled materials. RECOHHENDATIoNS MR recommends the following course of action for the jurisdictions of Orange and Durham Counties to follow in advancing a regional solid waste management program. 1. Prepare a detailed implementation plan for the development of a regional comprehensive recycling program to define how the program will expand from present levels to the targeted goals. Move forward to implement the program. 2. Orange County should con&Ict a comprehensive site selection and evaluation study with full public participation to determine if a suitable 10-year,or greater capacitylandfill site can be identified for possible use after the existing landfill is closed. The study should include a re-evaluation of the Green Tract, which is currently designated as a future landfill site, along with other potential sites. The purpose of this study should be to determine if Orange County can continue to rely on landfill disposal capacity for all non-recycled solid wastes for ES - 13 . 24 at least 15 to 20 years, as appears to be the case in Durham City and County. 3. The Regional Solid Waste Task Force should proceed with the next phase of the regional solid waste management feasibility study to address the alternative technologies for volune reduction that have been recommended in this report. These studies should include: o A determination of the feasibility of a refuse derived fuel waste-to-energy project with a lenute market (within 200 miles) for all or just a portion of the RDF that could be prcduced. If potential remote markets are identified, the study should address the siting of an RDF facility in the two County region; the size of the facility; all aspects of project economics including transportation costs and market value of the fuel; and a complete evaluation of community and environmental'impacts associated with the site(s) and .transportation systems. The study should also address the institutional issues of bringing about an RDF waste-to-energy project including ownership, risks and financing mechanisms. - o . , Amore detailed evaluation of the implementation of a' • regional mass-burn waste-to-energy facility approximately 1 1200 tons per day in size at a location within the study area. Potential sites should be identified and evaluated ES - 14 25 with respect to economic, environmental, community impact issues. These studies should include a health risk assessment for the facility and ash disposal site, and should address the institutidhal issues as described above. 1 • o A more detailed evaluation of a potential regional compost/landfill facility approximately 1200 tons per day in size at a location within the study area. The study should • parallel the other work being performed. o An assessment of participation in a much larger regional waste-to-energy project involving Wake County and the City of Raleigh. This study would address the sharing of costs and responsibilities for the project, site location, and the need for transfer station facilities. o An evaluation of mechanisms by which a regional solid waste management program can be brought about. This would include consideration of a lead jurigAiction, creation of a special authority with the power to issue bonds for project financing . the use of an existing state agency or authority with this capability. o An evaluation of waste stream control mechanisms (the legal ability of the jurisdictions to direct all public and private refuse haulers to deliver wastes collected within their geographical territory to a specific solid waste ES - 15 1 26 disposal facility) including enabling legislation, and cooperative agreements with adjacent Cities and Counties in North Carolina. 4. Following completion of these studies, sufficient information will be available to allow the jurisdictions of Orange and Durha.,-... Counties to develop a long range solid waste management policy that will guide the direction of the regional effort. Depending upon the availability of landfill disposal capacity to meet the needs of both Counties until approximately the year 2005, the policy could involve: A plan to achieve targeted recycling goals with each County continuing to landfill all non-recycled wastes for at least the next 15 to 20 years using identified future landfill capacity. This plan could also include the incorporation of densification technologies such as baling or operation of a shredfill to prolong the remaining landfill capacity by another 20 percent. kpaan to,preserve .future landfill disposal capacity and minimize the size of future landfills by moving forward to implement a regional recycling program and a 'seiected technology for achieving a 50 to 90 percent reduction in volume of non-recycled wastes. The preferred alternative technology could be targeted for implementation as early as ES - 16 27 1994, allawing four to five years for project development • and construction. • rs - 17 28 WHEREAS, the management of solid waste has become a major problem in our region; and WHEREAS , in recognition of the problem, the local governments of Durham and Orange counties have formed a Regional Solid Waste Task Force to study the issues and make recommendations for solutions ; and WHEREAS, that Task Force has recommended to the member governments of the two counties certain actions and steps , which include the recommendation that the two counties continue to work together to solve these solid waste problems ; NOW THEREFORE, BE IT RESOLVED BY THE (board ' s name) the following: 1 . that the Town (city, county) supports these joint efforts ; and 2 . that the Town (city, county) Manager is hereby requested to report to the Council (board) on the recommendations of the Task Force , and to present recommendations for further specific actions , which would include information on costs and funding. This the day of 1989 . To be adopted by : Town of Carrboro Town of Chapel Hill City of Durham Durham County Orange County - . • • 1 • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. E-5 • ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: Orange Regional Landfill Tipping Fees • DEPARTMENT: Public Works PUBLIC HEARING YES: NO: X ATTACHMNT(S): Correspondence INFORMATION CONTACT: Wilbert McAdoo Ext. 480 TELEPHONE NUMBER- , HillSboroUgh - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 • Durham - 688-7331 _ . PURPOSE: 'To review a new schedule of tipping fees beginning July 1, 1989 as developed by the administrator of the Orange Regional Landfill. . I BACKGROUND: Since the beginning of the joint partnership,' the tipping fee has been used to finance the cost of landfill, maintenance operations, equipment and related services. The reserve from the tipping fee has been used to purchase land, equipment and related services or materials. The current tipping fees are: General trash $10/ton. Construction waste and bulky waste $12/ton Ash from U.N.C. Power Plant $15/ton Asbestos $100/ton Pick-up trucks or trailers $5 each Cars $3 each - The proposed 1989-90 tip fees are: General trash - ' $15/ton Construction wastes and bulky wastes $17/ton Ash from the.U.N.C. Power Plant $19/ton Asbestos $100 ton ' Pick-up trucks or trailers $6 each • Cars $3 each RECOMMENDATION(S): . • _ . . • • It' 2 FEB 2 '7 1989 • TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 27516 Telephone(919)968-2700 To: Landfill Owner' s Group From: Bruce Heflin, Public Works Direct° , • Re : Responses to Questions and Comments fo, Last LOG Meeting Date: February 23, 1989 At the last LOG meeting, several questions regarding tipping fees , the landfill budget, and the recycling programs were raised. This is to respond to those questions . We have calculated tipping fees for FY 1989-90 based on a total revenue requirement of $1, 992, 500. This revenue requirement is $100 , 000 less than originally projected because- we plan to use excess revenues from tip fees from the present year to pay for part of the liner for the south side of Eubanks Rd. The contribution to the liner from the fee-based revenue was to be $300, 000. This has been reduced to $200,000 with addition of $100, 000 to come from the reserves . See attached memo and spread sheet from Randy Ballard for details . The budget includes costs' for the following: Landfill operations, personnel and equipment, General recycling program, Curbside recycling program, Engineering studies of options for waste volume reduction, Search for a new landfill site, A portion of the payment for a landfill liner for the south side of the present landfill, and Groundwater monitoring. In order to generate sufficient revenue to cover all costs , we have assumed that we will take in 116, 000 tons of solid waste. That is a net 4.52 increase, after recycling, over the 110, 000 tons we project for the current fiscal year. That waste will have the following composition based on data collected during 1988-891 General trash 752: 87 ,000 tons Construction wastes & bulky wastes e .g. brush 192 22, 000 tons Ash from the UNC Power Plant, 62 , 7, 000 tons See the attached spread sheet for cost and revenue details . 1 . � 3 Over the past two calender years the breakdown of waste is as follows, from the landfill records : (calender) 1987 Z 1988 Z Town of Chapel Hill 26, 757 27 29, 012 28 UNC-CH 19,550 20 22, 684 22 Orange County 18, 317 19 18, 710 18 Carrboro 7 , 240 7 8, 526 8 Hillsborough 2, 863 3 3 , 449 3 Other (private haulers) 23 , 759 24 22, 746 22 TOTAL 98, 746 105, 127 The proportions have remained approximately the same with the University and the Towns of Carrboro and Chapel Hill' s waste increasing slightly while the waste from the County and private haulers has decreased slightly. The following proposed tipping fee schedule should generate the revenues required: General Trash: $15 per ton Construction wastes & bulky wastes: $17 per ton Ash from the UNC Power Plant: $19 per ton Asbestos : $100 per ton Pick up trucks or trailers: $6/ each Cars : $3/ each Note that we have proposed keeping the pick-up truck and car fees low in order to allow a break for the small hauler of household trash or small construction firms . If larger firms abuse this differential by loading large amounts of waste into pickups , we will be obliged to raise the fees or weigh the trucks and charge per ton. Tipping fees in FY 90-91 could be an average of $18.50 per ton in order to meet expected revenue needs . This, includes a contribution of $100, 000 from reserve funds . The projected waste stream for that FY is 122, 800 . You were interested in the cost breakdown of the recycling program. The general recycling program will cost approximately $100,000 and will include the following elements : 502 of personnel costs for solid waste planner and recycling coordinator including fringes , travel etc . ; construction of three new drop-off sites in the rural parts of the county -- sites are now being ' selected with input from County residents through contacts with 4-H, Extension Homemakers and other groups, 2 V 4 take over of three private sites from ECOS; collection from 13 drop off sites ; weekly collection of corrugated cardboard from 30 business sites; program publicity, outreach, education, and training; Tonnage expected from the drop off program and the cardboard program in FY 89-90 is : 150 tons cardboard 3 tons/ week x 50 weeks - 900 tons aluminum, newspaper, glass from drop off. Presently each site averages 12 tons per month. We expect this average to drop by 50% to 6 tons per month with the expansion of the curbside program and increased number of sites. This is a conservative estimate. - 1050 Total tons . Cost per ton net including revenues $78. Note that this cost per ton omits collections from the Boy Scouts and ECOS' remaining recycling sites although those sites are supported with publicity, signage, and technical assistance from the Landfill Owner' s Group. Expected collection at these sites is 500 tons . If we add these sites in and the tip fee credit for the Boy Scouts , the total drop-off tonnage is then 1550 or $56 per ton. Curbside program costs total $190,000 and include the following: 502 of personnel costs and fringes , publicity, and contractor costs . Expected collection 1800 tons or $106 per ton. If collections are higher and the revenue-sharing formula with the contractor reamins the same, there will some revenue returned to the program and net cost per ton will be lower. These projected average costs per ton include revenue received from sale of materials but do not include projected landfill space savings which would be about $6 per ton based on current engineering estimates of the cost per acre for lined landfills . If other programs, such as curbside recycling in Hillsborough or glass recycling from restaurants and bars are added, total costs will increase but the cost per ton could decrease. The glass recycling program is , for example, estimated to collect 240 tons 3 5 per year at $18 per ton. Cost per ton could also be lower if participation exceeds our somewhat conservative estimates of 35% in the curbside program and the estimate that we will lose half the drop-off volume. I hope this information is helpful. We will see you at the next meeting on March 1 at 3 :30 at the Chapel Hill Municipal Building. logldf12.890 attachments . 4 f• 6 MEMORANDUM TO: Landfill Owner' s Group .611/11A FROM: Bruce Heflin, Public Works Director /- SUBJECT: Addendum to Memo of February 23 re : Comments from Last LOG Meeting DATE: March 1, 1989 The recycling section of last week' s memo on the landfill budget for FY 89-90 omitted two important items which you had raised and one additional item which initially we did not include. These items combined add $25, 900 to the landfill budget. The attached spread sheet includes those items in the landfill budget. We recommend that additional revenue requirements be made up from this year' s projected cash reserves. 1) Addition of Hillsborough to curbside program; estimated. cost —$16 , 700 . That is calculated as follows : Median estimate of cost of curbside recycling for 10, 000 households in Chapel Hill and Carrboro was $147,000 or $14.70 per household per year. There are approximately 1, 000 households in Hillsborough. Pro-rating the• contract cost per household and multiplying by 1, 000 yields $14, 700. The other $2, 000 is for promotions and mailing of materials to households . 2) ' Contract cost of glass recycling program based on a price quote from ECOS/Sunshares to pick up glass from 10 locations is $4, 200 . Service would be on an as- needed basis for the whole fiscal year. 3) Addition to the service contract portion of the general recycling budget to cover the tipping fee credit granted to the Boy Scouts for their on-going recycling efforts . This will be about $5, 000 , calculated as follows: estimated total 400 tons collected FY 89-90 200 tons @ $10/ton (present rate) _ $2,000 200 tons @ $15/ton (FY 89-90) = $3, 000 7 Landfill Owner' s Group Page 2 March 1, 1989 Our present contract with Boy Scout Troop 139 calls for this payment to be made as compensation for the service rendered by them of keeping this material out of the landfill. We pay them annually so they will be paid for the tonnage collected in calender year 1989 . In the calender year of 1988 they were paid $2750 for collection of 339 tons of recyclables. H 8 Revised Tip Fee Scenarios for FY 89-90 "TIPSWR3' Prepared: Feb 27, 1989 Tons of Waste Scenarios PROJECTED TONNAGE (HDR, 198?) CHAPEL HILL PROD, Projected - 25% 112500 1988-89 110,000 Projected 90% of Projected - 20% (all private out) 125000 1989-90 116,000 projected (most private out) 145000 1990-91 122,000 Landfill BUDGET Budget OPTIONS 116,000 104,400 92,800 87,000 Scenarios a. Base Budget find $200,000 $1,692,000 $14.59 $16.21 $18.23 $19.45 for liner + $ for engr. fees)t b. Base Budget + $1,828,000 $15.76 $17.51 $19.70 $21.01 Basic Recycling c. Base Budget + $1,992,500 $17.18 $19.09 $21.47 $22.90 . Basic Recycling 4 Curbside d. "c.' above + Hillsborough 8 $16,700 $2,018,400 $17.40 $19.33 $21.75 $23.20 + Commercial Glass 8 $4,200 + Boy Scout Tip Fee Credit 8 $5,000 Const. TIP FEES Garbage Waste Ash Revenues 8 x.00, $17.00 $19.00 SCENARIO I Revenues B 100% of waste projected Assumes 116,000 tons waste as follows: 100% of Wastes $1,306,100 87,075 tons garbage 75.1% $372,800 21,925 tons coast. waste 19% 18.9% $133,000 7,000 tons ash 6% 6,0% $1,811,900 116,000 total 100% At 100% of projected waste stream Fee Rev. minus Budget Requirement a ($206,500) Non-fee revenues _ $186,500 (includes interest, recycling income, & Durham's share of study costs) Surplus (Shortfall) _ ($20,000) TO BE CONTRIBUTED FROM EXCESS REVENUES SCENARIO II Revenues 8 90% of waste projected Assumes 104,400 tons of waste as follows: 90% of Wastes $1,175,513 78,368 $335,459 19,733 $119,700 6,300 $1,630,671 104,400 Fee Rev. minus Budget Req. ($387,700) *Pay for part of $100,000 Non-fee revenues $186,500 liner out of reserves Surplus (Shortfall) ($201,200) 9 Memorandum TO: Bruce Heflin FROM: Randy Ballard SUBJECT: Solid Waste Disposal Fund DATE: February 21 , 1989 Pursuant to your recent request for information related to Solid Waste Disposal Fund, I have followed your direction with respect to use of fund . balance for application to the cost of the liner for the landfill from Fiscal 1989-90 budget submittal . 1 . The 1989-90 base budget request for the Solid Waste Disposal Fund (all divisions) we recently submitted is $2,092,500. • 2. A 10% undesignated reserve level of this amount which would not be committed on the expense side of ledger is. $209,250. 3. I estimate undesignated reserves at June 30, 1989, to be about $450,000. 4. Therefore, amount of undesignated reserves available for use for eventual purchase of liner would be about $240,000. • Please advise if you need additional information concerning this matter. • rbb cc: Blair Pollock 1 - w . ? >- 10 • • N a) • '.4 > N ..., 01 4a (U 0 0 0 '-.0 4- r'. (CI 4 U In CO m -0 -0 .a 0 -o a 0 0 03 m N CO CO at N CO a. Z (0 (T) 4- w w w a a w w N D 0 CO 0..03 m a .4' 4. 0 4' m It 1_ ID 0- N 0 a' -0 N .N N 01 . U C •-+ CO 0- N 0• CU CU CU 1_ J U 3 w _J CC h •-I to L. -- 01 .. T1 z 0 a- a m .-. 0 0 0 0 .c 4- N a .If) 4 0' -0 CO N In m U J ••4 1. 0 (00- N •-1 '0 (0 (0 4 -0 L 0 (b Cr) In w w w w w w w a W © 01 to 0- N N N ' O NIn N 0 0. CO £ >- CU 0' N ' CU . (l! 0 (UN 0' 0 Z C ' CU 0 (4 0• .1' •-• •-• 4 'a 0\ M "4 I• >- N "N'" 0 ..4 •Li 0 .o -0 m m_ m In co C o In In o N 03 NCO N In t4 ro Oo o' 01 0 CO N 0 O -0 N N CO 0 w w w w w w w a .1.1 Q' W >r CO O. O O -( .1 CU In N Oa J' C Cr U I.L. 010 N -0 4- (U ' CO 0 .-( 01 es,.. Ca C C •-• (U (U In 0 In 4' In E cso l 0 4.3 n a ... .� ..1 . Ch. v - J CT 4- o O N N CO .1- In -0 4 0 0- 4• C1) J C w In If] 0 (U N •-+ NN113 0 N --+ W 0 0 CO •-+ 0 -t CO --' -0 4) m --I CO 0 i �`` Th .Q m N 0. 4 4• N -0 (7N(h .0 .I .0 ..-1 V I 1.-. 41 0• N 03 -0 0• -0 co In ••• -0 -0 Q , O N C •-' N (h .0 0- -0 m N -0 ro C h *.• -•+ U V7` 0 — m n 0 m m (U -0 m 0 --• (U -0 4' �q In CO ('3 (0 0 NO' N N O o co N -o co (1) .-• -0 m 0 CU 4- w a w w w a w w w *- C CO 0- In In CU -• o CU o- co 1- • '"•1 0.III ru cu`� w w w �• l7 e•4 t^. a,1 • •Q t L t . L. U `~ ` 41 Ul 41 44 Of (4).Q. ft E Q U 3 111 RI O1 ` "' 1 4, •aCI 1. ro00' .4 •1'O ) L , x GN 03 o Q 13-0 W 01 01 oZ1ro 0 C E .a N N� Ui-1 >CC p 0 0 .. �. Ow :tip U •-• G !r ro i s 0 Ct N. r id QC1�. i- n Ut.in4Q- 'U i 1 0 43 ro (U U ?• a o >- W a �.. ?••w a o ¢ 4.1 3 'CI •1.1 1- C N t1'C1 a r re Oo •{� \''i i .."4r. • ... n at a_ 4- o 0' 4) 01 01 01 ro - 0• ro (U `-. , p 1. ... to •• (1 d "? W +> ro m +1 ro o C at L. N •°( 4N1 Ia CO. ``� !_ -' N0! •�• C ONNNN '0 CO ''- a 001 01 Z U CI. al Ol O1 ELI C N `. COlE J U. EtCOrO` A : -' C IL . V * (. c 1 .c . - 11 Tfv Fee Scenarios for FY 88-90 "TIPFURSV" • 1 pared: Feb 16, 1989 Tons of Waste Scenarios PROJECTED TONNAGE (ROE, 1987) CHAPEL HILL PROJ. Projected - 25% 112500 1988-89 110,000 Projected 90% of Projected - 20% (all private out) 125000 1989-90 116,000 projected (lost private out) 145000 1990-91 122,000 Lacdfill BUDGET Eudget OPTIONS 116,000 104,400 92,800 87,000 Scenarios a. Base Budget (incl $200,000 $1,692,000 $14.59 $16.21 $18.23 $19.45 for liner + $ for engr. fees)$ b. Base Budget + $1,828,000 $15.76 $17.51 $19,70 $21.01 Basic Recycling c. Base Budget + $1,992,500 $17.18 $19.09 $21.47 $22.90 Basic Recycling & Curbside At 100% of projected waste stress Fee Revenue-Budget ($180,663) Non fee revenues $186,500 Surplus (Shortfall) $5,837 spay for part of liner $100,0D0 out of reserves Covet. TIP FEES = Garbage Waste Ash Revenues 8 $15.00 $17.00 $19,00 $1,306,100 Assures 116,000 tons waste as follows: $372,737 $133,000 87,075 tons garbage 75.1% 21,925 tons coast. waste 18,9% $1,811,837 7,000 tons ash 6% . 6.0% 116,000 total 100% Revenues ® 90% of waste Tons at 90% of waste • . $1,175,513 estimated $335,459 $119,700 78,368 19,733 $1,630,671 6,300 Fee Revenue-Budget (361,829) 104,400 Non fee revenues 186,500 Surplus (Shortfall) (175,329) *Pay.for part of line $100,000 out of reserves • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. r.- / ACTION AGENDA ITEM ABSTRACT Meeting Date: SUBJECT: Contract with North State Legal Services for Provision of Legal Services DEPARTMENT: PUBLIC HEARING: Yes X No Aging ATTACHMENT(S) : INFORMATION CONTACT: Instructional Agreement Jerry M. Passmore • Proposal Summary TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham - 688-7331 • • PURPOSE: Request approval to contract with North State tiegat Services to provide 44 hours of legal community education service through a series of 24 programs offered at Nutrition Sites, Senior Centers and the Agricultural Extension facility at a rate of $25.00 per hour. • • BACKGROUND: In order to pay for this service, Department on Aging has re- ceived III-S funding in the amount of $1, 500 to pay for this series. The Title III-S contract for Older Americans Act funds with Triangle J Council of Governments requires that these funds be spent on provision of Legal Services as defined by the N.0 Division of Aging. The balance of the Legal Services funding will be used to contract with private practice attorneys for their part in the Community Education Series. • • RECOMMENDATION(S) : Approve contract and authorize Chair to sign. .t . INSTRUCTIONAL, AgREEMENT 2 • AN AGREEMENT SEMEN TH4 COUNTY OF ORANGE, HEREIN THE COUNTY, AND North State G�Services HEREIN THE CONCESSIONAIRE, FOR THE PROVISION OF INSTRUCTION FOR ' r '"-s C. 1 nit Education In consideration of the mutual promises and conditions stated below, the County and the Concessionaire agree as follows: I. DUTIES OF THE CON SSIOt __ a. provide qualified, punctual leadership and content to all prescribed program offerings: b. provide instruction in conjunction with agency work schedule; c. instruct a series of 2a - 2' hour sessions (4 sessions at each of 5 Nutrition Sites p us - our c• nu r m II. DUTIES OF THE COUNTY: a. provide staff assistance: b. provide necessary materials, supplies for participants; c. provide appropriate classroom area. III. pAYMENT OF THE CONCESSIONAIRE: a. the rate of pay will be $25.00 per hour b. payment will be rendered as follows: at the conclusion of class instruction, a request for voucher will be submitted to the Finance Department. Payment will be rendered on the appropriate pay date (16th or last day of the month). IV. TAFI7.ITATIQN OF THE CONCESSIONAIRE: a. day/time area approved for contracted period:, March 21 - June 30, 1989 This the day of , 19, Instructor Jerry M. Passmore, Director Department on Aging Address Address Phone Number Phone Number Social Security Nunber Attest: This instrument has been preaudited in the manner required by the Local • Government Nudget and Fiscal Control Act. • Director of Finance • • ORANGE COUNTY DEPARTMENT ON AGING 3 Southern Orange Office voir a,. Northern Orange Office 410 Caldwell Street Extension . .4 300 West Tryon Street Chapel Hill, N.C. 27514 Hillsborough, N.C. 27278 (919) 968-4478 732-9361 — Hillsborough 967-9251 — Chapel Hill Jerry M. Passmore 688-7333 — Durham ‘1,?. Director rtt et,o 227-2032 — Mebane PROPOSAL. FOR LEGAL SERVICES PRESENTATIONS at the ORANGE COUNTY NUTRITION SITES The Orange County Department on Aging has been allocated Older Americans Act funds to contract for Legal Services screening and consultation. We propose to subcontract with North State Legal Services for a series of legal education programs and indivi- dual consultations to be held during the rest of this fiscal year. The breakout is as follows: 2 hrs. per site x 5 sites x 4 months = 40 hrs. 40 hrs. @ $25 per hour = $1,000 The same topic(s) will be addressed at each site .during a given month. The first hour will be a presentation to the group with the balance of time being avail- able for one-to-one consultation. (Refer to attached Legal Service Standards for staffing and content requirements.) The programs will be conducted from 10:00 a.m. till noon on days mutually agreed upon by Legal Services Corporation staff and Nutri- tion Site Managers. Service reimbursement documentation is the responsibility of . Department on Aging staff. Additionally, the Department on Aging proposes to subcontract for a session on benefits rights to be held as part of a Legal Information series being co-sponsored with the County's Agricultural Extension Ser- vice. This two hour session will be held in two locations at the above mentioned contract rate of $25 per hour. The Benefits Rights sessions are tentatively scheduled as follows: Monday, May 22 - 2:00 - 4:00 p.m. Agricultural Extension Center, Hillsborough Tuesday, May 30 - 2:00 - 4:00 p.m. Senior Center at the ArtsCenter, Carrboro • • • ' Y, ' • INSTRUCTIONAL, At4EEMENT 2 AN AGREEMENT BETWEEN THC COUNTY OF ORANGE, HEREIN THE COUNTY, AND North State Legal Services HEREIN THE CONCESSIONAIRE, FOR THE PROVISION of INSTRUCTION FOR Legal Services Community Education In consideration of the mutual promises and conditions stated below, the County and the Concessionaire agree as follows: I. DUTIES OF THE CONCESSIONAIRE: a. provide qualified, punctual leadership and content to all prescribed program offerings; b. provide instruction in conjunction with agency work schedule; c. instruct a series of 2a - 2' hour sessions (4 sessions at each • of 5 Nutrition Sites p us - our coma II. QmES OF THE COUNTY: a. provide staff assistance: b. provide necessary materials, supplies for participants; c. provide appropriate classroom area. III. j&MENT OF -THE CONCESSIONAI8E: , a. the rate of pay will be $25.00-per hour b. payment will be rendered as follows: at the conclusion of class instruction, a request for voucher will be submitted to the Finance Department. Payment will be rendered on the appropriate pay date (16th or last day of the month). IV. FACILITATION OF THE CONCESSIONsjj : • ' a. day/time area approved for contracted period: March 21 - June 30, 1989 This the day of , 19 Instructor Moses Carey, Chairman Orange County Board o• Commissioners Address Address P.D. Box 8181 Hillsborough, NC 27278 Phone Number , - Phone NUmbsr (919) 732-8181 Social Security Nunber Attest: This instrument has been preaudited in the manner required by the Local Government Budget and'Fiscal Control Act. Director of Finance • $ ON pi-- O V 1.7 d VA ON r •.... ,•� • , •_., ey rr •0 to r CO cr, CM •W p 'V Al • + b C.N N Ui s u a ro MI .a a� V ill td ti to 116 to 1 . 10 i 0 • 0 tl I 4 ! I y u •. W o ti i ' uG m Ca Caa 0 cz CC E co - o o c { w a `" C•1 N o c5 .1,11 CO to t77 't1 C) 0 o 1 MI .r..1• ,, N ro Pa to -� ,� a� 41 '• a0i 0 a .a +.) t. .� V W 0 ba 0 la Lam., cU ° w 0 0. ; MA 0 C1)c--i-r ; 4) V EAR � _ Qa of) : i \\\-\ \\\\ \ \ \*\\\o\\ \ \* * \\\\ \\ \ \ \ \e 0 \s 10103.1.1 V 0\ \ \ \ \ \ \ \ \ \ \ \ \ \ Ciesil Tau II 11 %.0 i i E)1 cl \ \..�1w y6 C j 0 0 • 1 ORANGE COUNTY BOARD OF COMMISS/ONBRS Action Agenda Item No. 07-4... ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21 , 1989 SUBJECT: Approval of Final RSVP Application and Agreement DEPARTMENT: Aging PUBLIC BEARING : NO: X ATTA (S) : Final Application INFORMATION CONTACT: Pro Forma Grant Award Notice Jerry Passmore, ext 280 TELEPOONE - Hillsborough - 732-8181 Chapel Bill 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To request approval of the RSVP (Retired Senior Volunteer Program) final application and to enter into an agreement with ACTION for the period July 1 , 1989 through June 30, 1990 in the amount of $26,010 in federal fundm. Total proposed grant is $67,191 with $28,104 from Orange County, $12,277 from Chapel Hill , and $800 from Carrboro. BACKGROUND: This is a yearly continuation application covering volunteer services to 50 non-profit organizations in Orange County. The RSVP objectives will include recruiting, placeing, and recognizing 475 older volunteers (age 60+) who will provide 58,000 service hours. • RZCONNIVIDATION(8): Approve RSVP application and agreement and authorize • Chair to sign. L ' 2 1989 - 1990 ACTION Grant Application ' Orange County - Chapel gill RETIRED SENIOR VOLUNTEER PROGRAM 1 V ..0 . 2.APPLI- a.NUMBER 3.STATE a,NUMBER • FEDERAL ASSISTANCE CANTS Anna. NONE CATION • 1.TYPE CATION IDENTI• ' OF ci NOTICE OF INTENT IDENTI- b.DATE "..)).DATE FIER Yeor owook dor NOTE.TO ax ASSIGNED Yrar ...Nth 4uy „ ASSIGNED SUBMISSION ' (OPTIONAL) illiart Op■ 11 PREAPPLICATION 0 89-02-v0 BY STATE • 0 8902 p,..p..4. • box I 1 APPLICATION - ....; 1....... sorer . _...... . 4.LEGAL APPLICANT/RECIPIENT 5.EMPLOYER IDENTIFICATION NUMBER(SIN) a.Applicant Name : Orange County 56-6000327 b.Organization Unit : County Goverment 6. a.NUMBER PRO- . c.Street/P.O.Box : P.O. Box 8181 GRAM 17121 10P 121 d.City : 'Hillsborough a•County Orange cm..., • C. State ' NC g.ZIP Code. 27278 sp. MULTIPLE 0 c • tz' h.Contact Person(Nome ' Jerry M. Passmore, Aging Director b.TITLE Retired Senior 0 • , &Trirphawr Nut : (919) 968-4470 Volunteer Program E La 7. TITLE OF APPLICANTS PROJECT(Use section IV of this form to provide a summary B.TYPE OF APPLICANT/RECIPIENT 9,.. description of the project.) Orange County-Chapel Hill Retired A--E4m. • G-Speriel Purpose Diann 0 13-..lostenotsto R..Gomtnumty Arum Amory 11 Senior Volunteer Program. The project provides the C.-Same IwHigher E4uesumnal teahouses ... Organisation .1-Indisn Tribe means by -which an irrlividual aged 60 or older may . D-c.mg . K-Other Mani& 0 E-City • 2 serve the ccxrmunity as a volunteer to the best of F-5.1.1 District . V his or her abilitv. Enter appropriate letter E3 2. 9.AREA OF PROJECT IMPACT mew.oral...newer..1.4..ffe.1 10.ESTIMATED NO.OF 11.TYPE OF ASSISTANCE PERSONS_BENEFITING A-Ettose Glee ti-hterefee ti• Orange County, North Carolina 475 B-Supplenwoual Groot D-Other C-Loso Ester appoorscor Irttrew DE ta -.. 12. PROPOSED FUNDING 13. CONGRESSIONAL DISTRICT OF: 14.TYPE OF APPLICATION A.-New C.-Revision E.-Augment/mon a.FEDERAL S 26,010 .00 a.APPLICANT b.PROJECT . . ftwIleuesull D-Caminustloo Ester appropnor hae5:1 . ! b.APPLICANT 28,104.00 Fourth Fourth 17. TYPE OF CHANGE lir l4r or 146 - . c.STATE -0- .00 15.PROJECT START 16.PROJECT A..Incresse Dentin P-Other fSpaxfyl i DATE yen. reer. dry DURATION BwDecrease Wins d.LOCAL 11 077." C-lbabbie Duration DwDeeretue Dursuse e.OTHER _0_ MO 19 89 07 01 12 mmths E-Gainaallstioo Ar, 18.DATE DUE TO • Year moth du RRliraPple f• Tt481 $ 67,191- FEDERAL AGENCY o• 19 - 13.1!-II 11--• molt!tows) 1:0-12 19.FEDERAL AGENCY TO RECEIVE REQuEsT ACTION . 20.EXISTING FEDERAL .GRANT DENT.NO. - a...ORGANIZATIONAL UNIT(1Y APPROPRIATE) - b.AD1VLINISTRATIVE CONTACT(IF KNOWN) . • ±Region IV 440.4768/06 e.ADDRESS • 0 21.REMARKS ADDED • 10 1 Marietta Street, N.W. . -• • Y es 1:allo Atlanta, GA. 30303 .. . -• • . 0 22. To the ter.ar my knowledge•=4 belie,&tit a.YES.THIS NOTICE OF INTENT/PREAPPLICATION/APPLICATION WAS MADE AVAILABL I: THE m thi.t..pok.ppi.ti...,we TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: cl APPLICANT gad ewe°.the&eummt hat bean duty . . . s CERTIFIES !,"hwizrd,k!is the tragembilLbuir a the 44- g, THAT a P. z e;,ju'e•P 0 1 0 g a ek f Will:614=t h trc..a. • 41 mi b.NO.PROGRAM IS NOT COVE:RED BY E.O.12372 0 . " -" - • • 4..) OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVTEW 0 ; 23. - : TYPED NAME AND TITLE b.:'t •TURF . 0 CERTIFYIN Moses Carey, Chair_ OF g REPRE- ' N SENTATIVE Orange County Commissioners (414'#. • ' AC( 24.APPLICA• -Year wood day 25.FEDERAL APPLICATION!DENT. ;. 26.FEDERAL GRANT I1krr""7" CATION TION . f RECEIVED 19 27.ACTION TAKEN 26. FUNDING Yeor moth day 30. . Year womb do ..: STARTING • t.::grat . - 29.ACTION DATEr. 19 DATE 19 .. gg, ::,e. RETURNED son a.FEDERAL $ .00 31.CONTACT FOR ADDITIONAL 32. Year month dc EtAmr.tanatrr INFORMATION iNOW.Wad ttieph...numbeel ENDING I I el.RETURNED Kw b.APPLICAN'T .00 DATE 19 ES. E.O.1E02 SUBMISSION c.ran z tA BY APPLICANT TO ..00 33.REMARKS ADDED OW STATE d.LOCAL • .00 6,i•c' !I e. DEFERRED • " • hi •r f. WITHDRAWN e.OTHER .00 • cr. 0 Yes 0 No E Total $ .00 , . 1 . PAGE 1 Prescribed by ora omit.-A-RO . . . . ,.. . . • , • RSVP BUDGET • BUDGET PROPOSED 1988-89 1989-90 DIFFERENCE Staff Salaries $49,023 $46,906 _2,117 Staff Fringe Benefits 8,641 8,536 + 105 Staff Travel 1,640 1,800 4- 160 Equipment Supplies 500 300 - 200 • 'Office Space (Entirely In-Kind) • Postage and Phone 800 800 Printing 320 320 Periodicals, Dues, Orientation 176 • 240 + 64 Volunteer Meals 82 80 - 2 Volunteer Transportation 3,000 2,600 - 400 Volunteer Recognition 4,085 4,500 + 415 Volunteer Insurance 1,109 1,109, • $69,376 $67,191 -2,275 • RSVP REVENUE SOURCES BUDGET PROPOSED 1988-89 .1989790 ' • FEDERAL FUNDING FROM ACTION $26,010 $26,010 NON-FEDERAL FUNDING 43,366 41481 • Cash Revenues _ • - -• Orange County • 30,289 28,104 Town of Chapel Hill - 12,277 12,277 Town of Carrboro 800 800 total: $43,366 $41,181 • . TOTAL REVENUE: $69,376 (100%) $67,191 (100%) • Note: It is not -proposed that cash revenues for FY B9-9O from federal or local sources 'be increased - Aa1ENO.ND. ' • i LANTEE DRCIA RATION • - • PART I-,BUDGET PLAN t VOLUNTEER SUPPORT EXPENSES GRANTEE PERSONNEL (II . • al 12) 141 IS) (° EXPENSES %Tuns Fosaral L XCES s Annum Saint on Total Funds NOe►�FoOar•S :NON FED This Salary Projres Cat Arqu witted Rnarrcn RSVP Director • $21,468 100 x ; 21,468 s 9,586 s 7,189 $.4,693 RSVP Asst/Bkkpr/Sec 20,446 100 20,446 8,179 6,133 6,134 RSVP Clerical/Data 4,992 100 4,992 -0- -0- 4,992 Entry Aide ( Hrs./week) . TOTAL PERSONNEL EXPENSES :46 906 . 100 X S 46,906 s 17 765 I $13 322 I`%15181.9 r FRINGE BENEFITS • 8, • 4s: 2.5 56• 21572 It)GRANTEE STAFF LOCAL TRAVEL 800 800 121 GRANTEE STAFF LONG DISTANCE TRAVEL 1 000 ...�r�• I 1.000 EQUIPMENT SUPPLIES I I I 300 CONTRA TUAL SERVICE I I OTHER: (Dues & Periodicals) I 240 I • I 240 Communieatiom I 800 800 � I Pr;ntinq 320• 320 • Sawa • NOIRECT COSTS I TOTAL VOLUNTEER SUPPORT EXPENSES 58,902 21,173 15,878 • I 21,851 VOLUNTEER EXPENSES • I . PERSONNEL EXPENSES I ` T1- Stipends • L;nnq Ailowanea 1 I I I I Eno of S•N,te Au .. osnc■ • I I I I J!„ F000 and LOGganq An 1loancs •-.. • • ..- I -I EltiNGE BENEFITS I Malt • I E, 80 FICA I T I !. Li/Isla/cm .. inrurann 1,109 837 J 272 ._ _]nsr r • I TRAVEL 2 600 I 1,500 ' I I 1,100 EQUIPMENT I SUPPLIES - I I . I ... CONTRACTUAL SERVICE • OTHER (RPio ni 'nn) _- _ ._ I 4,500 2,500 I I^ . 2,000 I I. • TOTAL VOLUNTEER EXPENSES - 8,289 4,837 -0- ' 3,452 TOTAL COSTS $67,191 s 26,010 05,878 • %,303 PERCENTAcE , took 62 % . 38 % VOLUNTEER STRENGTH; .- mid Vedwrtarr manhawrt: to qu, 14.645 2,4 gtr14,145 Ord q„,14,095•41h qtr 15,115 AV 14.500 Fed COST Hz-$ .45 . R S Vp u VOL I r,„„f,,,l ;c,van;. 3c.4- 47 5 2nd 475 3rd 47 5 - 4th 475 AV. 475 :Fed cost!' Vpt;S4.76 - le •fM A.h..P(RA ti 1••.,a aft • e I i.I i • s1e Q e o i 2 cr 1 u c v. I < • 3 3 4 1— H CO C tat ® E 1 i 1-4 ► W C O. 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CC CC a•~-a-CCa 'CC>OSi-nW a-a2W- �00a 4. 2 K • a ti m o 0 ca ••• 4. • • • 12 RSVP ADVISORY COUNCIL MEMBERS Diane Brown - CHAIR Community Volunteer • Gloria Brooks Nutrition Site Coordinator-Golden Age Happy Circle Hilliard Caldwell Home-School Coordinator Betsy Chamberlin Retired-English Classes for Foreign Wives Volunteer Brenda Harris Community Agency Coordinator Joanne Johnson Community Volunteer Anders Lunde Retired Statistician-Botanical Gardens Volunteer Walter Patten Counselor Jack Ray Retired Minister Robert Schmidt Retired - Hospital Volunteer Beatrice Serotkin Retired - Hospital Volunteer Clara Simon Retired Volunteer Coordinator Robert Tuck Retired - Habitat for Humanity Volunteer - Louise Wagstaff Retired - Recreation Department Volunteer Clyde Whitted Retired Blacksmith Foreman Fode Wright Retired - Planned Parenthood Volunteer Ex-Officio Members Jerry Passmore Director, Orange County Department on Aging (Council expert on Aging) RSVP Director (Position currently vacant) All ten retired Advisory Council members are over 60 and RSVP volunteers. 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Fikes Further Fair Housing TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the CDBG Recipient 's Plan to Further Fair Housing. BACKGROUND: All recipients of CDBG funds in 1988 are required to comply with Title VIII of the Civil Rights Act of 1968 amended by the Housing and Community Development Act of 1974 and 1983 which provides for fair housing throughout the United States. Prior to receiving CDBG funds localities must certify that they will implement activities that will affirmatively further fair housing. Additionally, grantees must be in compliance with the "State Fair Housing Act . " The attached Plan has been drafted in consultation with the appropriate legislative regulations as well as the Orange County Human Relations Commission and the State Human Relations Commission. RECOMMENDATION(S) : Approve the "Recipient ' s Plan to Further Fair Housing" and authorize the Chair to sign on behalf of the Board. • • • • . 2 Recipient's Plan to Further Fair Rousing Orangq County Grantee P.O. Bo; 81.81, Hillsborough/ N.C. 27278 Grantee's Address T4,ra L. Pikes Contact Person Telephone Number I. Indicate if the grantee will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past. • First Time jrz. Past Activities II. Identify and analyze obstacles to affirmatively furthering fair housing in grantee's community. (Use additional pages as necessary) 1 . The lack of knowledge by the general public of Federal • Fair Housing Laws and more specifically the State Fair Housing Act and the protection provided by these laws. 2. The scattered geographic location of the County's low and moderate income population throughout the County causes difficulty in disseminating information pertinent to this population. 3. The apparent lack of importance of maintaining standard rental housing and practicing sound leasing and management practices by realtors and individual property owners. 4. The housing sales market in the County tends to respond • to the influence of the upper income population in terms of housing size, cost , location and design, thereby, limiting homeownership opportunities for prospective low/moderate income homebuyers. These persons are then overwhelmed by this complex sales market and tend to lack knowledge of financing options available to them. • Page 1 of 3 pages • 3 III. Briefly describe the activities that the grantee will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule for implementation of these activities must be included. Activities must be scheduled for implementation at least on a quarterly basis. (Use additional pages as necessary) SEE ATTACHMENT 1 • • • • • IV. Will the above activities apply to the total municipality or county? Yes No xx If no provide explanation. Activities will apply only to unincorporated areas of the County. Pages 2 of 3 Pages 4 • - ATTACHMENT 1 • JULY - SEPTEMBER 1989 1 . Conduct education forums for local citizens, homebuilders, realtors, financial institutions and other interested organizations to provide information pertaining to Title VIII Fair Housing Laws, the State Fair Housing Act and the local procedure for filing complaints under these laws. This would be accomplished by conducting two seperate forums. The first forum would be targeted to industry providers, • i .e. realtors, financial institutions, and homebuilders. Co-sponsorship will be sought from the local Board of Realtors, the local Homebuilders Association and the Orange County Human Relations Commission. The second forum would address the general public with special emphasis on the low/moderate income population. The County Housing and Community Development Department and the Orange County Human Relations Commission would sponsor this activity. Both education forums will be coordinated with the N.C. Human Relations Commission. 2. During these forums and immediately thereafter brochures • titled "Fair Housing is the Law in North Carolina" will be distributed to all forum participants and Community Development project area residents. Brochures and posters will also be distributed to the local Community Action Agency, all County human service departments and all County non-profit social service organizations. 3. Publish public service announcements in newspapers serving the County as well as local cable And radio stations. These announcements will include general fair housing information as well as list the Housing and Community Development Department as the contact agency for more information or to file a complaint. (This would be on-going throughout the life of the CDBG program. ) OCTOBER - DECEMBER 1989 1 . Assess knowledge of the public of Fair Housing laws by administering a limited survey among the County residents. 2. Assist the Orange County Human Relations Commission in the preparation of an Ordinance to include protection against housing discrimination for adoption by the Board of Commissioners. 5 V. Describe grantee's method for receiving and resolving housing discrimination complaints. This may be either a procedure currently being implemented or one to be implemented under this CDBG grant. Include a description of how the grantee informs the public about the complaint procedures. (Use additional pages as necessary) SEE ATTACHMENT 2 • APPROVED BY: Moses Carey, Jr. Name of Mayor or Chairman Signature of Mayor or Chairman Chair Title 03-21-89 Date Page 3 of 3 Pages • 6 ATTACHMENT 2 ORANGE COUNTY FAIR HOUSING COMPLAINT PROCEDURE Housing Discrimination is prohibited by Title VIII of the Civil Rights Act of 1968 and by the North Carolina State Fair Housing Act. In an effort to promote fair housing and to ensure that the rights of housing discrimination victims are protected, Orange County has adopted the following procedures for receiving and resolving housing discrimination complaints: 1 . Any person or persons wishing to file a complaint of housing discrimination in Orange County may do so by informing the Housing and Community Development Department of the facts and circumstances of the alleged discriminatory act or practice; 2. Upon receiving a housing discrimination complaint, the Orange County Housing and Community Development Department shall inform the North Carolina Human Relations Council (Council ) about the complaint. For information only, the Orange County Human Relations Commission will also be informed 'of all complaints received. The Housing and Community Development Department shall then assist the Council and the complainant in filing an official written housing discrimination complaint with the Council , pursuant to the State Fair Housing Act and Title VIII. 3. The Housing and Community Development Department shall offer its assistance to the Council in the investigation and conciliation of all housing discrimination complaints which are based upon events occurring in Orange County. 4. The Housing and Community Development Department shall publicize within Orange County that is is the local agency to contact with housing discrimination complaints. Adopted 3/21/89 • A - ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 Action Agenda Item # Li SUBJECT: PARTIAL WIDTH RIGHT-OF-WAY - VIVIEN DODSON AND VIVIAN BEST MINOR SUBDIVISION DEPARTMENT: PLANNING PUBLIC HEARING Yes _x No ATTACHMENT(S) : INFORMATION CONTACT: Jane Garrett Partial Width R/W Checklist Minor Subdivision Application Vicinity Map Letter from Applicant Documentation from Health Department Letters from Adjacent Property Owners Draft 3-6-89 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a request for a partial width right-of- way. BACKGROUND: The subject property is located on the west side of Highway 86, about .20 mile north of Davis Road (SR 1129) . The lot contains 3.1 acres, and is 190.02 feet wide and 674.77 feet deep. The applicant proposes to create a .94-acre lot in the rear portion of the property for his daughter. The location of the existing residence, septic tank and septic repair area precludes the creation of a 50' right-of-way. Planning Staff has discussed the project with the Environmental Health Division. It has been determined that a 25' right-of-way can be accommodated between the existing residence and its septic repair area. This is the only area on the property where a right-of-way can be created to provide access to the rear of the lot. Letters are attached from adjoining property owners indicating that right-of-way on adjacent parcels cannot be obtained. • 2 Staff explored the possibility of creating a flag lot instead of a partial width right-of-way. Subdivision regulations stipulate that "no flag lot will be allowed if it increases the number of access points onto an arterial or collector street" . Old NC 86 is an arterial. The Planning Board recommended approval of the partial width right-of-way on March 6, 1989. RECOMMENDATION: The Administration recommends approval per the Planning Board recommendation. 3 VIVIEN DODSON AND VIVIAN BEST MINOR SUBDIVISION PARTIAL WIDTH RIGHT-OF-WAY CHECKLIST (Adopted from Orange County Subdivision Regulations Section IV-B-3-c-2) NATURE OF SUBDIVISION - Topography - gradual incline, sloping away from Old NC 86 due west - Surrounding area - single family .residences - Future Road Plans - Class C Private Road less than 500 feet in length - Access by public safety vehicles - topography good, existing driveway satisfies Orange County's Class C private road standards CONSTRUCTION OF ROAD: The road does not require construction to Orange County standards because it is less than 500 feet in length, however, the existing driveway satisfies the County's standards. RIGHT-OF-WAY WIDTH: 25 feet wide with a length of 210 feet, 50 feet wide with a length of 250 feet. - Fire District is Orange Rural Fire District - The 25 foot right-of-way would be adequate for a Class ° private road (8 foot travelway, maximum 4 foot shoulder, 4 foot ditch) . CONDITIONS: - The provision of a full right-of-way is difficult due to the location of existing house and septic system. - The Orange County Health Department, Environmental Health Division, requires the preservation of a septic repair area. AU:it 14-141-1, . . MINOR SUBDIvISJON APPLICATISN 4 Property Owner(s) , ,, i ,eT\ C)cAzr.,[N ___________________ Address .1 Phone ( 11"1 ) Developer/Contact Name _ Address Phone ( Location of Property Atl ,6("i10 . . 447 1/ township map block lot Zoning /24 MTC Fire District OPAAJae • Watershed /VA impervious Surface . - Joint Planning: C. H. Carrboro School District pc- State Road Number 10 Name 4e4 No Private Road Class *C' . ' Name 4)=55 MAN -,bu PERT Do you plan to build the road before final approval ? NA or secure construction with a security document? MX - Utilities: Public Sewer Community System— Septic Tank - Public Water - Community Water - Well If on a septic system, the Health Department must examine . all '=: existing and- potential building sites on Jots shown on the plat. • Total Lot Area Number of Lots Lot Number: Size of Lots: Structures (proposed or existing) y jsc, UhOn6 houce.-- 1.0" • - I (We) hereby certify that I (we) - have read the above infor- mal- ion and that the information - I (we) have supplied is - accurate to the best of my (our) knowledge. A (We) under- - -- stand my (our) application is not complete and cannot be - - approved unless all required information and material has been provided. _ 4)-1I:l_f0c6 • \ rIlt:stse■ .si.)9&k Date Signature Date Signature Filing Fee 1/0 f of Lots Fee /0 Private Road Cep, '190 Other Fee V Total Fees Date Paid /2--V-Vb 214V/ ---r i ..... . , .....,_ , n ,\-- 4 ' . \ _ . . . ( 5 .97•. I 1 1 2 • _• ------- ---- - - - -_-6;91. EA5E-tdibIT-- P/04 P/C 4 r„-- P/0 4 . Lod . . to- 1 P/0 7 14 .10C 7------------/".. \ DOT ..s. I . \ (1 563 831 AC CAL —- N 832. 000 T. 995 CD-.- Z- 2 / I t \\ e .22 '78 0 CbXti ,' , ...Ac. :tic ‘‘. , 4:3646116, 75-e. 111 8641 AC. lea- 9 6': \ • . ..... P . • • V I V IA Al aET _ _I_ ____-_- „ \ ',Nlie- 64 is Ili 1"64A-C71- - - 8382 1 \ 1.74 AC. z:456 Itt) POTIAL INIPT14 iz,,,v a ,0 0 . , I 8 1.5 AC.324729 0 . 9 I 61 / 1 0 -640 2,4 0 _SI 3 12_46 L P 7. 16 AC. 1131 I • I I 8 I z Osz .90001 . _.--:\ 21 4031 2) ----k5. '52 - I an I s I . ................ ........-.—----..... -.9867 • 1 454C -o 2/ Q 5 3•26/5«, z ( - • 4 9 I 4)'-'.""*.--'.* - - eq6__0 _ , ,9 : c3, 9408 ' • ; :g -- -— ACC.ES PROVIPT> VIA Sni r2- l- roe -rio. a . 3.33 AC. / i 2 406 AC• ,s. . i 11111111111110"1111Nri / — ...."'"'"'".......'magalgairVieNivarssillNetifffigNifsmarfilisa anNOPI mom - N 830 000 +0 • . . -1 r \I 1 hi N VT . o 4 o . ---„,...._... . . . 1 ' .. 6 REQUEST FOR VARIANCE ON ROAD RIGHT OF WAY WIDTH We are proposing a 25 foot right of way instead of the recommended 50 foot right of way. Location: Old NC 86, south of 1-40. Tax Map 4.49.A.11. Reference: Page 27, Orange County Subdivision Regulations IV-B-3-c2 amended 11-19-85. (a) Variance on the right of way width is for a road less than 500 feet accessing one 1 acre lot. (b) A class C private road has been recommended. (c) 25 foot would be adequate for a class C road (8 foot travelway, maximum 4 foot shoulder, 4 foot ditch) . (d) Class C road adequate for existing district emergency vehicleS. (e) (3) We are submitting this variance request per site specific physical constraints. The Orange County Environmental Health Department is concerned with preserving a septic repair area on the south side of lot 2. The existing septic system and existing house prevent us from designing a fifty foot road right of way anywhere on that lot. LI FEP.7:7J7F r range county 300 W.Tryon Street Hillsborough, N.C.27278 732-8181 732-9361 ext.305 HEALTH DEPARTMENT Chapel Hill line 967-9251 968-4501 Mebane line 2274032 Durham line 688-7333 688-7331 Carr Mill Mall, Suite 225 100 N. Greensboro Street Carrboro, N.C. 27510 942-4168 Daniel Reimer, MPH Health Director MEMORANDUM TO: Jane Garrett, Planning FROM: Greg Grimesq, .S. , Environmental Health Section DATE: January 12, 1989 RE: Vivien Dodson and Vivian Best Property Subdivision . Hillsborough Township, Tax Map 49, Block A, Lot 11 In order to reserve an area suitable for repairing the existing septic tank system on the proposed Lot # 2 of the above referenced property, there needs to be a reduction of the required road right-of-way to twenty-five (25) feet. Along with the reduction in right-of-way, very specific placement of the road will be required due to the limited area of suitable soil on the property. The plat dated December 1, 1988 (Request for Variance or Road Width) by Alois Callemyn Land Surveyors appears to have adequate space in the area designated septic repair area for such repairs . GTG:rh - • • , 1 ii,g1ti.sziiti. Ii ii.:414- 1 , „4:4 2 2 ,i,..t..'7. .:i '•. . _..: --........-. -----.4-..------ ,.:.,i It;‘,S.:;..,.....4- _il g leiiii! . : ii.4.!:1 I; .1:I . - • `'‘ II .. 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I. ,,---- err..., • ct.;..4.1„.. . • . , ii• i . , eI 1 .d,....e, Y'sc-ce Pr'" -- 1 Orrio"rr • I . •■■ t i I 0 44:14,4)..e___ 1:::s. .„.e-r,__, 7.-P-c-b--7-g , i ti-V1/41- cp:Lti., c...a if /' Or g14L-7He::: .4.4d-1"-1411 i - . 4...... .2-.02.44_ q.A. 10 • 10 osv\ck-m.,Tvsucco: Oscc CcA ;ret, ,c., F.Act r\c wc1 \:)GCV 6:4N \\C\1. S \ \ve. . .o,r•rN "' t) oc:=e- 4s.0 46\ oc\Q._ tc Nrve..c C • ea. f Lik,),PLILeK /f-'v 347/Iff6 KIMLEY-HORN RT 3001 WESTON TEL No . 919 461 0062 Mar 16 89 15 31 v .02 STANDARD AGREEMENT BETWEEN CLIENT AND RIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT made this_ day of ,198 , by and between Orange County, North Carolina (the "Client") and KIMLEY-HORN AND ASSOCIATES, INC., of Raleigh, NC (the "Engineer"); Client intends to prepare a comprehensive transportation plan for Orange County, including a County-specific road classification system and thoroughfare plan; policy recommendations regarding scenic roads, private roads, unpaved roads, and traffic impact analysis; and review and assembly of elements related to non-auto transportation modes, as described in the Request for Proposal dated August 10, 1988 (hereinafter called the Project). WHEREAS, the Client desires to engage the- Engineer to perform certain professional engineering services. NOW, THEREFORE,the Client and the Engineer, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services by the Engineer and the payment of those services by the Client as set forth below. (1) Scone of Agreement, The Engineer will furnish professional engineering services for the Client, as more specifically described in Exhibit A, attached and incorporated by reference (the "Services") (2) dditional Services. The undertaking of the Engineer to perform professional Services under this Agreement extends only to the services set forth In Exhibit A. If requested by the Client and agreed to by the Engineer, the Engineer will perform additional services ("Additional Services") and shall be compensated as set forth below. (3) Client's Resnonsibilitiee. The Client shall do the following in a timely manner so as not to delay the services of the Engineer: - (a) Designate in writing a person to act as the Client's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Engineer's services for the Project. (b) Provide all criteria and full information as to the Client's requirements for CD-111 (01/88) 1 KIMLEY—HORN FIT 3001 WESTON TEL No . 919 481 0062 Mar 16 .89 15 :32 P .03 the Project, including objectives and constraints, space. capacity and performance expectations, flexibility and expandability, and any budgetary limitations; and furnish copies of all references or standards which the Client will require to be included in the Engineer's documents. (c) Assist the Engineer by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to studies, design, construction, or operation of the Project, and provide those services described under Exhibit C. (d) Furnish to the Engineer, as required for performance of the Engineer's Services (except to the extent provided otherwise in Exhibit A), the following: (i) data prepared by or services of others, including without limitation boring, probings and subsurface explorations, bydrographic surveys, laboratory tests and inspection of samples, materials and equipment; (ii) appropriate professional interpretations of and recommendations for all of the foregoing (iii) environmental assessment and impact statements; (iv) property, boundary, easement, right-of-way, topographic and utility surveys; (v) property descriptions; (vi) zoning, deed, and other land use restrictions; and (vii) other special data or consultations; all of which Engineer may use and rely upon in performing Services under this Agreement. (e) Arrange for access to and make all provisions for the Engineer to enter upon public and private property as required for the Engineer to perform services under this Agreement. (1) Examine all studies, reports. sketches, proposals, and other documents presented by the Engineer, obtain advice of an attorney, insurance counselor and other consultants as the Client deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Engineer. The Engineer shall have no liability to the Client for delays resulting from Client's failure to review documents promptly. (g) Furnish approvals and permits for all government authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for execution of the Project. CD-t l l (01/88) 2 KIMLEY-HORN RT 3001 WESTON TEL NO . 919 481 0062 Mar 16.89 15 : 53 P .04 (1*) Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project and such legal services as the Client may require or the Engineer may reasonably request with regard to legal issues pertaining to the Project. (1) Furnish to the Engineer data or estimated figures as to the Client's anticipated costs for services to be provided by others for the Client so that the Engineer may make the necessary findings to support opinions of probable total project costs. (j) Give prompt written notice to the Engineer whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services. or any defect or non conformance in any aspect of the Project. (k) Furnish, or direct the Engineer to furnish, necessary Additional Services as provided in paragraph (6) of this Agreement. (1) Bear all costs incident to compliance with the requirements of this paragraph. (4) period of Sly (a) The provisions of this section and the various rates of compensation for the Engineer provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project throughout the period of the Services. (b) The Engineer shall begin services described in Exhibit A as Phase I promptly after receipt of a fully executed copy of this Agreement and will complete the Services described in Exhibit A within the time schedule therein provided. A notice to proceed will be issued for those tasks described as Phase II in Exhibit A, contingent upon funding. The times for performance established in such schedule shall be extended as necessary for periods of delay resulting from strikes, natural disasters, and similar circumstances of which the Engineer has no control. If the Client requests significant modifications in the scope of the Project, the time of performance of the Engineer's Services shall be adjusted appropriately. (c) In addition, if the Engineer's Services or any required Additional Services are delayed or suspended in whole or in part for more than three (3)months for reasons beyond the Engineer's control, the Engineer shall be paid as provided in paragraphs ( S) and (6), but such suspension shall not terminate this Agreement unless p hs the Engineer elects to terminate by written notice to the Client. If the Engineer's services or any required additional services are delayed or suspended in whole or in CD-111 (01/88) 3 • c .. K IMLEY-HORN RT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15:33 P .05 part for more than three (3) months for reasons beyond the Client's control, it shall be deemed substantial failure by the Engineer and the Client may elect to terminate said agreement with seven (7) days written notice. If such delay or suspension extends for more than six (6) months (cumulatively) for reasons beyond the Engineer's control, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. (d) The Engineer's receipt of a fully executed copy of this Agreement shall constitute written notice for it to proceed with performance of the Services designated under Phase I in Exhibit A. Written notice to proceed will be issued for those tasks under Phase II after July 1, 1989, contingent upon funding. (5) Sant (a) For Services described in Exhibit A, the Engineer's compensation shall be computed on the basis set forth in Exhibit B, which is attached hereto and incorporated herein by reference. (b) If so provided in Exhibit B, direct expenses incurred by the Engineer in Providing the Services described in Exhibit A shall be reimbursed to the Engineer. Subject to the foregoing, reimbursable direct expenses shall mean the actual expenses incurred directly by the Engineer in connection with performance of the Services, including, but not limited to, reasonable expenses for transportation and subsistence incident thereto; toll telephone calls and telegrams; computer services; and reproduction of reports and other documents. (c) If the Engineer's compensation hereunder is on an hourly, rather than a lump sum fee basis, the parties have estimated costs and expenses for the various portions of the scope of work described in Exhibit A, and such approximate costs and expenses are set forth in Exhibit B. Services undertaken by the Engineer or expenses incurred by the Engineer exceeding the estimates set forth in Exhibit B shall be the liability of the Client. (d)d In addition to amounts payable by the Client to the Engineer hereunder, the Client shall be invoiced for and shall pay to the Engineer in accordance with these provisions all taxes, if any, whether state, local, or federal levied with respect to such amounts. (6) Comoensation for Additional_kyles. If upon the request of the Client, the Engineer agrees to perform Additional Services hereunder, the Client shall pay the Engineer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (1) the current hourly rates CD-111 (01/88) 4 KIMLEY-HORN AT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15:34 P.06 for effort incurred by the Engineer in providing such Additional Services, plus (ii) the reimbursable direct expenses, as defined in paragraph (5) (b), so incurred by the Engineer in providing such services multiplied by a factor of 1.15. (7) Paymeni_f4': ,Yid. (a) Invoices will be submitted by the Engineer to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee basis, the statements will be based upon the portion of total Services actually completed at the time of billing. If the Engineer's compensation is on an hourly basis, the statements shall be based on time actually expended in providing the Services at the rates provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency. If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (b) If the Client objects to any statement submitted by the Engineer,he shall so advise the Engineer in writing giving his reasons within fourteen(14) days of receipt of such bill. (c) The Client acknowledges and agrees that the payment for services rendered and expenses incurred by the Engineer pursuant to this Agreement is not subject to any contingency unless the same is expressly set forth in this Agreement. (8) pm ot Documents. All documents, including drawings, specifications, and data or programs stored electronically, prepared or furnished by the Engineer (and the Engineer's independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect to the Project and the Engineer shall retain an ownership and property interest therein whether or not the Project is completed. At its expense, the Client may make and retain copies for information and reference in connection with the use and occupancy of the Project by the Client and others; however, such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project, Any reuse without written verification or adaptation by the Engineer for the. specific purpose intended will beat the Client's sole risk and without liability or legal exposure to the CD-111 (01/88) 5 KIMLEY-HORN RT 3001 WESTON TEL NO . 919 481 0062 Mar 15 ,89 15 :35 P .07 • Engineer or to the Engineer's independent professional associates or consultants, and the Client shall indemnify and hold harmless the Engineer and the Engineer's independent professional associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. (9) tdutions of Cost. Since the Engineer has no control over the cost of Iabor, materials, equipment or services furnished by others, or over methods of determining actual prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with this field of engineering; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. In any event, for the aforementioned reasons and because of lack of control of design and other services, the Engineer shall not be held responsible for construction and other costs eventually associated with the subject of these engineering services. (10) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, the Engineer will be paid for all services rendered to the date of termination, all expenses • subject to reimbursement hereunder, and other reasonable expenses incurred .by the Engineer as a result of such termination. If the Engineer's compensation hereunder is determined on an hourly basis, the amount payable to the Engineer for services so rendered shall be established on the basis of the time and authorized expenses actually incurred on the project to the date of its receipt of' notice of termination. • If the Engineer's compensation under this Agreement is a lump sum, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Engineer, to the total services which were to have been performed, less prior partial payments, if any, which have been made. (11) Liability. The Engineer is protected by Workers' Compensation Insurance CD-Ill (01/88) 6 KIMLEY-HORN RT 3001 WESTON TEL No . 919 481 0062 Mar 16 .89 15:36 P .08 (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold the Client harmless from loss, damage, injury, or liability arising solely from the negligent acts or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually cowered and paid under the foregoing policies of insurance. If the Client specifically directs the Engineer to obtain increased insurance coverage, or if the nature of the Engineer's activities requires additional Workers' Compensation or similar insurance coverage, the Engineer will take out such additional insurance, if obtainable, at the Client's expense. (12) atandard of terfor nance. In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the locality of Client or similar locality. No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. (13) :oensea of -Litigation. In the event litigation (which for the purposes of this paragraph shall include arbitration or mediation) in any way related to the services performed hereunder is initiated against the Engineer by the Client, and such litigation concludes with the entry of a final judgment against the Client, the Client shall reimburse the Engineer for all of its reasonable attorneys' fees and other expenses related to said litigation. Such expenses shall include, but shall not be limited to, the cost, determined at the Engineer's normal hourly billing rates, of the time devoted to such litigation by the Engineer's employees. In the event litigation in any way related to the services performed hereunder is initiated against the Client by Engineer, such litigation concluded with the entry of a final judgement against the Engineer, the Engineer shall reimburse the Client for all of its reasonable attorneys' fees and other expenses related to said litigation. (14) Arbitration, All claims, counterclaims, disputes, and other matters in question between the Client and the Engineer arising out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, at the election of the Engineer or Client. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American Arbitration Association no later than 18 months before that date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be CD-I I I (01/88) 7 -• .• K I MLEY-HORN FIT 3001 WESTON TEL No . 919 481 0062 Mar 16 .89 15 ;36 P.09 barred by the applicable statute of limitations. In addition, no arbitration proceedings shall include by consolidation, joinder, or in any other manner, any party other than the Client and the Engineer, and arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to parties to and issues of the arbitration proceedings may be amended by specific written approval of the Client and the Engineer for each exception. (15) Hazard oes_Ukatances. it is understood and agreed that in seeking the professional services of the Engineer under this Agreement, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or to make any determinations involving or related in any manner to hazardous substances, as defined by federal law. If any condition relating to a hazardous substance, specifically including but not limited to asbestos, is observed by the Engineer or is alleged during the course of the performance of the services hereunder, the Engineer shall have the right to cease all services hereunder until the hazardous substance condition has been eliminated. The Engineer shall notify the Client of such condition, and the Client shall be solely responsible for the elimination of the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot be performed because of the existence of the hazardous substance condition, the existence of the condition shall be deemed to be a substantial failure on the part of the Client to perform in accordance with the terms of this Agreement, through no fault of the Engineer, for the purposes of termination under paragraph (10). (16) Assignment pad. Subcon tgctiug. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other party. Neither the Client nor the Engineer shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as the Engineer may CD-111 (01/88) 8 r..iIILtr-t1UKN HI SUU1 WtSTON TEL No . 919 481, 0062 Mar 16,59 1537 P.10 • deem appropriate to assist in the performance of services hereunder. (17) Confidentiality. The Client hereby consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the performance of the services hereunder. Notwithstanding the foregoing, with respect to any facts, data or information specifically identified in writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such identified material. (18) Controlling mow. This Agreement is to be governed by the law of the State of North Carolina. (19) Isitidjna Effect. This Agreement shall bind, and the benefits thereof shall insure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (20) Mercer; Amendment, This Agreement constitutes the entire Agreement between the Engineer and the Client, and negotiations, written, and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. (21) goverability and Waiver of Provisions. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Also, the non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. CD-11l (01/88) 9 �ir�c -nuRi� n i ovji wcJ i un NO . 919 481 0062 Mar 1689 15:38 P. 11 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above-written. CLIENT: ENGINEER: ORANGE COUNTY KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: ITS: ITS: ATTEST: ATTEST: CD-111 (01/88) 10 K1t1LEY-HORN HT 3001 WESTON TEL No . 919 481 0062 Mar 1 . ,89 15 :39 P . 12 EXHIBIT A SCOPE OF ENGINEER'S SERVICES (Al) The Engineer shall provide the services listed below in connection with the Project: Phase I of Study j,- County-Specific Road Classif' n System The Engineer will provide direction and assistance to County stuff in collecting and entering data on the County's primary and secondary road system, and then will classify the road segments based on such criteria as roadway geometry (width, horizontal and vertical alignment), existing and projected traffic volumes, existing and projected adjacent land use, setbacks,and special features. This task will be reviewed with County staff and will be coordinated with the County's Rural Character Study. The Engineer will coordinate the preparation and refinement of the County thoroughfare plan with State and local planners, and will strive to maintain consistency at boundaries with the Durham-Chapel Hill-Carrboro urban area, which is not included in this scope. No traffic modeling is included in this task. IgalLizSopegtor,ffigeolleetorigadjyatem The Engineer will refine the County-specific road classification to define collector and subcotlector streets. These will be designated to provide access and continuity of streets where appropriate throughout the County. Private road standards and policy will be reviewed and recommendations made. Task 4 - Review Article 13. The Engineer will review the County's proposed traffic impact study ordinance (Article 13) and make recommendations, as appropriate. Task 5 - Phase I Renort The Engineer will prepare a report summarizing the result of Phase I Tasks. This report will be reviewed with the Transportation Advisory Subcommittee prior to preparation of up to 10 copies in final forth, Phase II of Study Ink 6 - Review Transpocation Plan Elemeents, The Engineer will assemble reports on secondary roads, mass transit, bikeways, pedestrian facilities, airports, and rail facilities prepared by others (County staff and other consultants), review them for technical accuracy and consistency, and prepare a single comprehensive transportation plan document. CD-111 (01/88) 11 • KIMLEY-HORN AT 3001 WESTON TEL Na . 919 481 0062 Mar 16 ,89 15 :39 P. 13 I - ' Task 7 - Scenic 4.oad Standards and Pol'a % The Engineer will review potential scenic roads in the County and, with input from County staff and local residents, will propose criteria for designating scenic roads in the County. The designation of scenic roads will rely heavily upon public input. The Engineer also will develop policies and programs for protecting the scenic appearance of such designated roads and bridges, in coordination with the Rural Character Study. ask $ - Report and Presentaqpne The Engineer will assemble the various elements of the transportation plan into a single, consistent report document, including both a technical report and an executive summary. Five report copies and one camera-ready original will be provided. The Engineer will present the report to the Planning Board and Board of Commissioners. Dtk l vel+l 17aes' n�ards The Engineer will recommend design standards for various types of thoroughfares. These will include typical cross section, design speed, and typical right-of-way requirements. osk !0-- ? evelon ImniementatiotLPian The Engineer will develop an implementation program for public/private road standards, upgrading unpaved secondary roads. and recommendations concerning implementation of the transportation element of the comprehensive plan. This scope of service includes up to six (6) meetings with the Transportation Advisory Subcommittee. Services to be provided by County staff are shown in Exhibit C. (A2) The schedule for the services listed above is agreed to be as follows: The Engineer will endeavor to complete those services described under Phase I within a period of five(5) months from receipt of authorization to proceed with Phase 1, and those services described under Phase II within a period of four(4) months from receipt of authorization to proceed with Phase II; however, this schedule will not apply to those portions of the Plan performed by outside consultants other than the Engineer. CD-l11 (01/88) 12 - wor K1t1LEY-HORN AT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15 :40 P . 14 EXHIBIT B COMPENSATION OF ENGINEER The Engineer's compensation for the services set forth in Exhibit A shall be: Phase L A lump sum of$35,500 Phase II: A lump sum of$40,0000 These fees for Phase 1 are valid provided notice to proceed is received no later than March 31, 1989. These fees for Phase II are valid provided notice to proceed is received no later than August 5, 1989. CD-111 (01/88) 13 - KIMLEY-HORN AT 3001 WESTON TEL No . 919 481 0062 Mar 16 ,89 15:40 P. 15 .EXHIBIT C SERVICES TO BE PROVIDED BY COUNTY STAFF (Hours shown indicate approximate level of effort) Task 1 - County-Specific goad Classification Stop (240 hours.) Includes inventory and data entry of primary and secondary road system in county, including description of geometry, land use, and major features, and providing maps to consultant. We will provide direction and supervision of inventory, including video equipment, if desired. Task,. - Collegtor/Subcollecor„Road System (16 hours.) Includes providing base data, meetings, reviews, and coordination. Task 3 - Private Roil Standards (4 hours.) Includes discussion and coordination. Task 4 Review Article 13 (8 hours.) Includes meetings and discussion of proposed ordinance and similar ordinances in North Carolina and elsewhere. Task 6 - Review Traasoortation Phi glentegts (96 hours.) Includes meetings and coordination to provide report documents and data for those tasks performed by County staff, NCDOT, and other consultants. Includes meetings, reviews, coordination with other consultants and projects, and assistance in preparing final report copy and figures. County staff are to complete initial drafts of non-auto transportation plans other than those performed by consultants. Task T - Sceni Road , n aria (40 hours.) Includes discussion and staff input on criteria for scenic roads, formation of citizens group to advise on scenic roads, and review of proposed policies. CD-Ill (01/88) 14 • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 21, 1989 Action Agenda Item # F-5 SUBJECT: COMPREHENSIVE TRANSPORTATION PLAN DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell Revised Contract Summary of Transportation Plan (Under Separate Cover) TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: Consideration of a contract with Kimley-Horn, Inc. to provide consultant services in the preparation of an Orange County Transportation Plan. BACKGROUND: On March 13, 1989, the Board of County Commissioners considered a proposed contract with Kimley-Horn, Inc. The Board approved the contract subject to the approval of contract revisions to be recommended by the County Attorney, the submission of a summary sheet about why the plan is needed, and a determination on whether any other jurisdictions in North Carolina have undertaken scenic roads planning efforts. The County Attorney and Purchasing Director have conferred upon contract revisions and a revised contract is attached. Chris Best, Planning Board member and Chair of the Transportation Advisory Subcommittee, has provided a written summary of why the Transportation Plan is needed and this is also attached. Staff contacted Bill Johnson with the Landscape Unit of NCDOT regarding scenic roads planning in other jurisdictions in North Carolina. Except for Interstate corridor standards like the Orange County MTC overlay district, no jurisdictions in the state have undertaken scenic roads planning. Mr. Johnson indicated that NCDOT has set up a task force to come 2 up with recommendations on a state-wide scenic roads program. They hope to have recommendations completed by the end of calendar year 1989. The recommendations are to be followed by a pilot program. RECOMMENDATION: The Administration recommends approval of the revised contract. DK5:BOCCKHRN.DOC 3 TO: Orange County Commissioners FROM: Chris Best, Chair, Transportation Advisory Subcommittee (TAS) DATE: March 15, 1989 SUBJECT: ORANGE COUNTY COMPREHENSIVE TRANSPORTATION PLAN As Chair of the TAS, I appreciated the discussion the proposed Transportation Plan received at the Commissioner's meeting on march 13. Your final decision on the contract for consultant services is scheduled for March 21. I hope at that time the subcommittee and the Planning Department can proceed with Kimley-Horn to accomplish the tasks outlined in Phase 1 of the study. I want to avoid writing a term paper on the subject of 'Transportation Planning and Its Importance to Orange County, ' but I would like to summarize a little on the history and need for such a plan. When the Land Use Plan was adopted by the Commissioners in September 1981, the Transportation Section of the Plan began with, "While providing a vital service function, the means and manner by which people and goods are transported influences the physical development pattern throughout Orange County. " Realizing that traffic movement and land service are potentially incompatible functions, it is important as a planning tool to balance the two functions through an • integrated, well designed transportation system. In January 1986, as an ongoing effort to predict the • transportation needs for a growing county, the Planning Board passed a resolution requesting that the Commissioners ask that the Planning and Research Branch of NCDOT design a throroughfare plan for Orange County. A draft of that plan which covers existing roads and defines present service levels has been done. Now, the Commissioners have set as a major objective in the approved County budget for FY 1988-89, the completion of the transportation Element of the Orange County Comprehensive Plan. The Planning Department is charged with the responsibility of completing this element of the Comprehensive Plan, and Kimley-Horn of Raleigh, North Carolina has been selected to coordinate and complete the project. Kimley-Horn brings to Orange County a specialization in transportation planning as well as a familiarization with NCDOT and other state transportation policies and programs. 4 Memorandum to Orange County Commissioners March 15, 1989 Page 2 During the March 13 Commissioner's meeting, the question arose, "why is this plan needed?" The Commissioners past understanding that adequate transportation is a major service to the citizens of Orange County answers the question generally. Specifically, if the County does not hire a consultant, the Plan will not be completed. The County staff does not have the time, or technical expertise to provide a complete transportation plan package. How will Orange County benefit from the proposed scope of work in this contract? Phase 1 of the study involves four specific tasks for the consultant. The first and major task will be to develop a County-specific Road Classification System to aid in planning for the development that will occur within the County, both commercial and residential. This system will evaluate existing community traffic patterns and tie into the thoroughfare plans from surrounding jurisdictions. With the involvement of NCDOT, the plan will provide clear, intentions as to how the road system in our county should be utilized and developed. The need for adequate transportation planning documents with which to base our ordinances is self-evident. The need to hire a consultant with the expertise of Rimley-Horn that can act as a liaison between the County and NCDOT and produce those planning documents is also apparent. The second task will be to define within the Road Classification System, collector and sub-collector streets. The concept is to provide the County with a way to help determine when and where to provide for the continuation of street systems in new subdivisions, such as with stub-outs, additional right-of-way, and easements. The third task will be to evaluate the private road standards described in the County Zoning Ordinance, and the fourth task is to review the County's Traffic Impact Ordinance and to evaluate and propose recommendation for changes as necessary. Phase 1 of this proposal involves a great deal of County staff and consultant time in gathering quantitative statistics and evaluating data as well as providing recommendations concerning transportation ordinance issues that need to be resolved. Phase 2, which the Transportation Committee will request funding for in FY 1989-90, will involve tying together all the transportation alternatives available in the County and forming an implementation schedule necessary to put the transportation element to work for the County. • C 0 PY STANDARD AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT made this 21st •day of March ,198 , by and between Orange County, North Carolina (the "Client") and KIMLEY-HORN AND ASSOCIATES, INC., of Raleigh, NC (the "Engineer"); Client intends to prepare a comprehensive transportation plan for Orange County, including a County-specific road classification system and thoroughfare plan; policy recommendations regarding scenic roads, private roads, unpaved roads, and traffic impact analysis; and review and assembly of elements related to non-auto transportation modes, as described in the Request for Probosal dated August 10, 1988 (hereinafter called the Project). WHEREAS, the Client desires -to engage the Engineer to perform certain professional engineering services. NOW, THEREFORE, the Client and the Engineer, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services by the Engineer and the payment of those services by the Client as set forth below. (1) Scope of Agreement. The Engineer will furnish professional engineering services for the Client, as more specifically described _in-Exhibit A, attached and.- - - _ ------incorporated by reference (the-"Services") • - • _ • • • • - (2) Additional Services. _: The undertaking of ".the Engineer :perform: • professional Services undef:this:Agreement extends:only.to=the-services••seV forth-in`, Exhibit A. If requested by-the Client and agreed to by:the Engineer, the Engineer will. - _ • perform additional services ("Additional Services") and shall be compensated as set forth . • below. (3) Client's .Responsibilities. •_ The Client:,shall_do the.:following. in a .timely • • - manner so as not to delay the services of the Engineer. • - (a) Designate in writing .a person to act as the Client's representative. with *respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Engineer's services for the Project. (b) Provide all criteria and full information as to the Client's requirements for CD-111 (01/88) 1 the Project, including objectives and constraints, space, capacity• and performance expectations, flexibility and expandability, and any budgetary limitations; and furnish copies of all references or standards which the Client will require to be included in the Engineer's documents. • (c) Assist the Engineer by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to studies, design, construction, or operation of the Project, and provide those services described under Exhibit C. • (d) Furnish to the Engineer, as required for performance of the Engineer's Services (except to the extent provided otherwise in Exhibit A), the following: (i) data prepared by or services of others, including without limitation boring, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; • • (ii) appropriate professional interpretations of and recommendations for all of the foregoing; (iii) environmental assessment and impact statements;- (iv) property, boundary, easement, right-of-way, topographic and utility - surveys; (v) _property descriptions; (vi) zoning, deed, and other land use restrictions; and • -•- • (vii) other special data-or consultations; all of which Engineer-may use•and-' -- rely upon in performing'Services underAhis:A-greement.!irrtt-- • (e) Arrange for access to and .make all provisions•for the Engineer to enter .• upon public and private property as required for. the Engineer' to perform services• • . - • under this Agreement. (f) Examine all studies, _.reports, sketches,_ proposals, and other documents . . presented by the Engineer, obtain advice.of an attorney,- insurance counselor and ....-_ - - other consultants as the.Client deems:appropriate-for:such. examination and:Tender'-in: •�.= writing decisions pertaining thereto within a reasonable time so as not to delay the _services of the Engineer. The Engineer shall have no liability to the Client for delays resulting from Client's failure to review documents.promptly. • (g) Furnish approvals and permits for all government authorities having jurisdiction over the Project and such approvals and consents from others as may be- • necessary for execution of the Project. CD-111 (01/88) 2 • • t (h) Provide such accounting, independent cost estimating and insurance • • counseling services as may be required for the Project and such legal services as the Client may require or the Engineer may reasonably request with regard to legal issues pertaining to the Project. (i) Furnish to the Engineer data or estimated figures as to the Client's anticipated costs for services to be provided by others for the Client so that the Engineer may make the necessary findings to support opinions of probable total •••• project costs. (j) Give prompt written notice to the Engineer whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services, or any defect or non conformance in any aspect of the Project. • (k) Furnish, or direct the Engineer to furnish, necessary Additional Services as provided in paragraph (6) of this Agreement. (1) Bear all costs incident to compliance with the requirements of this paragraph. (4) Period of Service. (a) The provisions of this section and the various rates of compensation for the • Engineer provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project throughout the period of the Services. -. • (b) The Engineer shall begin services described_in__-Exhibit•..A as. Phase d . promptly after receipt_.of.a-'fully:executed..copy of-this Agreement•and'cwillW-complete. . the Services described in Exhibit A within the time schedule therein provided.. A ::. - notice to proceed will be--issued for those'tasks-described as.Phase-II :in Exhibit--A; --- '° ._ :.. contingent upon funding. The times for performance established in such schedule • shall be extended as necessary for periods of delay resulting from strikes, natural disasters, and similar circumstances of which the Engineer has no control. _ If the. _ ___.. Client requests significant 'modifications 'in- the scope of the Project,-:the- time::of performance of the Engineer's Services shall be adjusted appropriately. (c) In addition, if the Engineer's Services or any required Additional Services are delayed or suspended in whole or in part for more than three (3)months for reasons beyond the Engineer's control, the Engineer shall be paid as provided in paragraphs (5) and (6), but such suspension shall not terminate this Agreement unless .. the Engineer elects to terminate by written notice to the Client. If the Engineer's services or any required additional services are delayed or suspended in whole or in CD-ill (01/88) 3 • part for more than three (3) months for reasons beyond the Client's control, it shall be deemed substantial failure by the Engineer and the Client may elect to terminate said agreement with seven (7) days written notice. If such delay or suspension extends for more than six (6) months (cumulatively) for reasons beyond the Engineer's control, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. (d) The Engineer's receipt of a. fully executed copy of. this Agreement shall constitute written notice for it to proceed with performance of the Services designated under Phase I in Exhibit A. Written notice to proceed will be issued for those tasks under Phase II after July 1, 1989, contingent upon funding. (5) Compensation, (a) For Services described in Exhibit A, the Engineer's compensation shall be computed on the basis set forth in Exhibit B, which is attached hereto and incorporated herein by reference. (b) If so provided in Exhibit B, direct expenses 'incurred by the Engineer in providing the Services described in Exhibit A shall be reimbursed to the Engineer. • Subject to the foregoing, reimbursable direct expenses shall mean the actual expenses - •) incurred directly by the Engineer in connection with performance of the Services, including, but not limited to, reasonable expenses for transportation and subsistence • incident thereto; toll'-telephone --calls ..and telegrams; computer services;' and- reproduction of reports-and..other...documents._ _-..._ __. . - .. ._- (c) If the Engineer's:.compensation:hereunder: is- on an hourly,.Mather -than:.a lump•sum fee basis, the..parties have estimated. costs and expenses; for,'the various:. - portions of the scope of work described in Exhibit A, and'such approximate costs and - expenses are set forth in Exhibit B. Services undertaken by the Engineer or expenses incurred by the Engineer exceeding the estimates set forth in Exhibit B shall be the liability of the Client. _ ., (d) In addition to amounts payable-by-the_Client to the.Engineer:hereunder;..the-..:_:=--:r Client shall be invoiced for and shall pay to the Engineer in accordance with these .provisions all taxes, if any, whether state, local, or federal levied with respect to such amounts. (6) Compensation for Additional Services. If upon the request of the Client, the Engineer agrees to perform-.Additional Services.hereunder, the. Client shall pay- the ._ Engineer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i) the current hourly rates CD-111 (01/88) 4 • • , for effort incurred by the Engineer in providing such Additional Services, plus (ii) the reimbursable direct expenses, as defined in paragraph (5) (b), so incurred by the Engineer in providing such services multiplied by a factor of 1.15. (7) Payment for Services. (a) Invoices will be submitted by the Engineer. to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee basis, the statements will be based upon the portion of total Services actually completed at the time of billing. if the Engineer's compensation is on an hourly basis, the statements shall be _based on time actually expended in providing the Services at the rates provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency. If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days s. after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (b) If the Client objects to any statement submitted by the Engineer,he shall so advise the Engineer in writing giving his reasons within fourteen(14) days of receipt - - of such bill. (c) The Client acknowledges and agrees that the payment for services rendered . and.expenses incurred by the Engineer pursuant to this Agreement is not subject,to- any contingency unless the same is expressly set forth in this Agreement. - • . • • . • (8) Reuse of Documents. AU documents, including drawings, specifications, and data or programs stored electronically, prepared or furnished by the Engineer (and the Engineer's independent professional associates and consultants) pursuant. . to this Agreement -are instruments.of service in .respect to the..Project:and 'the Engineer.shall.... .... - - retain an ownership and property interest therein whether or not the Project is completed. At its expense, the Client may make and retain copies for information and reference in connection with the use and occupancy of the Project by the Client and others; however, such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the Engineer for the specific purpose intended will beat the Client's sole risk and without liability or legal exposure to the CD-111 (01/88) 5 Engineer or to the Engineer's independent professional associates or consultants, and the Client shall indemnify and hold harmless the Engineer and the Engineer's independent professional associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. (9) Opinions of Cost. Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining actual prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with this field of engineering; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. In%any event, for the aforementioned reasons and because of lack of control of design and other services, the Engineer shall not be held responsible for construction and other • costs eventually associated with the subject of these engineering services. • (10) Termination. The obligation_ to provide further services •under- this • • • Agreement may be terminated.by:either party upon.seven (7) days', written-notice-in the- :-_ "-- • ' . event of substantial failure by the other party-to-perform,in accordance with the terms ,.r hereof through,no fault of the terminating party. „In_the event_of any termination, the - Engineer will be paid for all services rendered to the date of termination, all expenses • subject to reimbursement hereunder, and other reasonable expenses incurred by the • - Engineer as a result of such termination. If the Engineer's compensation hereunder is determined on an hourly basis, the amount payable to the Engineer for services so - - . -- -• rendered shall be established .on. the -basis of. the--time :and-authorized-expenses actually: <:..' • incurred on the project to the date of its receipt of notice of termination. If the Engineer's compensation under this Agreement is a lump sum, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Engineer,- to the total services which were to have been performed, : --. •- less prior partial payments, if any, which have been made. (11) Liability. The Engineer is protected by Workers' Compensation Insurance CD-111 (01/88) 6 (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold. the Client harmless from loss, damage, injury, or liability arising solely from the negligent ads or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If the Client specifically directs the Engineer to obtain increased insurance coverage, or if the nature of the Engineer's activities requires additional Workers' Compensation or similar insurance coverage, the Engineer will take out such additional insurance, if obtainable, at the Client's expense. (12) Standard of Performance, In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the locality of Client or similar locality. No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. (13) Expenses of Litieation. In the event litigation (which for the purposes of - this paragraph shall include arbitration or mediation) in any way related to the services • performed hereunder is initiated against the Engineer by the Client, and such litigation concludes with the entry of a filial judgment against the Client, the Client shall reimburse the Engineer for all of its reasonable attorneys' ,fees and other expenses • . - - related to said litigation; Such expenses.shall include, but shall not.be limited to,- the- - - .. cost, determined at the Engineer's normal hourly t billing•.rates,"of-the time-devoted to . . such litigation by the Engineer's employees. In the event litigation in any way related to the services performed hereunder 'is initiated-against the Client by Engineer, such • • • litigation concluded with the entry of a final judgement against the Engineer, .the - Engineer shall reimburse the Client for all of its reasonable attorneys' fees and other expenses related to said litigation. • • (14) Arbitration. All claims;':counterclaims,--disputes, and 'other matters •in :.__. question between the Client and the Engineer arising out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, at the election of the Engineer or Client. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American- Arbitration. . . Association no later than 18 months before that date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be CD-111 (01/88) 7 barred by the applicable statute of limitations. In addition, no arbitration proceedings • shall include by consolidation, joinder, or in any other manner, any party other than the Client and the Engineer, and arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to parties to and issues of the arbitration proceedings may be amended by specific written approval of the Client and the Engineer for each exception. (15) Hazardous Substances. It is understood and agreed that in seeking the professional services of the Engineer under this Agreement, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or to make any determinations involving or related in any manner to hazardous substances, as defined by federal law. If any condition relating to a hazardous substance, specifically including but not limited to asbestos, is observed by the Engineer or is alleged during the course of the performance of the services hereunder, the Engineer shall have the right to cease all services hereunder until the hazardous substance condition has been eliminated. The Engineer shall notify the Client of such condition, and the Client shall be solely responsible for the elimination of the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot be performed because of the existence of the hazardous substance condition, the existence of the condition shall be deemed to be a substantial failure on the part of the Client to perform in accordance with the terms .- - of this Agreement, through no. fault.of the- Engineer; for the. purposes of termination. .. - under paragraph (10). •- - (16) Assignment and Subcontracting. under this Agreement shall be . construed to give any rights -or. benefits in this Agreement-to' anyone•.other than''the- 7.-• • - I Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other party. Neither the Client nor the Engineer shall . assign, sublet or -transfer .any' rights under or: interest 1.in_ (including; but- without ••limitation, moneys that may become due or moneys that are due) this Agreement without • the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge- the assignor from any duty or responsibility under . this Agreement. Nothing contained in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as the Engineer may CD-111 (01/88) 8 • deem appropriate to assist in the performance of services hereunder. (17) Confidentiality. The Client hereby consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the performance of the services hereunder. Notwithstanding the foregoing, with respect to any facts, data or information specifically identified in writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such identified material (18) Controlling Law. This Agreement is to be governed by the law of the State of North Carolina. (19) Binding Effect. This Agreement shall bind, and the benefits thereof shall insure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (20) Merger: Amendment. This Agreement constitutes the •entire Agreement between the Engineer and the Client, and negotiations, written, and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. (21) Severability and Waiver of Provisions.• Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision - - in any other jurisdiction. Also, the non-enforcement of.any provision by either party . shall not constitute a:waiver of that provision nor shall it:affect the enforceability of : _ • that provision or of the remainder of this Agreement. • CD-111 (01/88) 9 % • IN .WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CLIENT: ENGINEER: ORANGE COUNTY KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: Agyk- „ 'l�/1�,..-tee v ITS: ITS: Cuniz, F COO� MONZ. / -- - Al �onua OF CCt.17.:t.�iC:tO�iR� w}Q�"V���^r” ��+�� L ` ��SI t t s • ATTEST: . r . . • • • • • CD--III (01/88) 10 1 - 1 • r I EXHIBIT A SCOPE OF ENGINEER'S SERVICES (Al) The Engineer shall provide the services listed below in connection with the Project: Phase I of Study Task I - County-Specific Road Classification System The Engineer will provide direction and assistance to County staff in collecting and entering data on the County's primary and secondary road system, and then will classify the road segments based on such criteria as roadway geometry (width, horizontal and vertical alignment), existing and projected traffic volumes, existing and projected adjacent land use, setbacks, and special features. This task will be reviewed with County staff and will be coordinated with the County's Rural Character Study. The Engineer will coordinate the preparation and refinement of the County thoroughfare plan with State and local planners, and will strive to maintain consistency at boundaries with the Durham-Chapel Hill-Carrboro urban area, which is not included in this scope. No traffic modeling is included in this task. Task 2 - Collector/Subcollector Road System The Engineer will refine the County-specific road classification to define collector and subcollector streets. These will be designated to provide access and continuity of streets where appropriate throughout the County. • . . • Task 3 - Private Road Standards and Policy _ Private road standards and policy will be-reviewed and recommendatiorrS.made:-.•_• ;•.. :. = : Task 4 - Review Article 13 •_ • II The Engineer will review the County's proposed traffic impact study ordinance (Article 13) and make recommendations, as appropriate: Task 5 - Phase I Report The Engineer will prepare a report summarizing--the-result-of-Phase I Tasks,-:-1,:: :: : This report will be reviewed with the Transportation Advisory Subcommittee prior to preparation of up to 10 copies in final form. Phase II of Study Task 6 - Review Transportation Plan Elements • The Engineer will assemble reports on secondary roads, mass transit, bikeways, pedestrian facilities, airports, and rail facilities prepared by others (County staff and other consultants), review them for technical accuracy and consistency, and prepare a single comprehensive transportation plan document. CD-111 (01/88) 11 • Task 7 - Scenic Road Standards and Policy The Engineer will review potential scenic roads in the County and, with input from County staff and local residents, will propose criteria for designating scenic roads in the County. The designation of scenic roads will rely heavily upon public input. The Engineer also will develop policies and programs for protecting the scenic appearance of such designated roads and bridges, in coordination with the Rural Character Study. Task 8 - Report and Presentations The Engineer will assemble the various elements of the transportation plan into a single, consistent report document, including both a technical report and an executive summary. Five report copies and one camera-ready original will be provided. The Engineer will present the report to the Planning Board and Board of Commissioners. Task 9--• Develop Design Standards The Engineer will recommend design standards for various types of thoroughfares. These will include typical cross section, design speed, and typical right-of-way requirements. Task 10 - Develop Implementation Plan _ The Engineer will develop an implementation program for public/private,road standards, upgrading unpaved secondary roads, and_recommendations concerning . implementation of the transportation element of the comprehensive plan. . This scope of service ihcrudes up to six•(6) meetings with the Transportation'.' : ., - . -•_ -Advisory Subcommittee. Services to be provided by County staff are shown in Exhibit C. • (A2) The schedule for the services listed above is agreed to be as follows: The Engineer will endeavor to complete those services described•under Phase,I -..•- "• . within a period of five (5) months from receipt of authorization•to proceed with • Phase T, and those services described under Phase II within a period of four (4) months from receipt of authorization to proceed with Phase II; however, this schedule will not apply to those portions of the Plan performed by outside consultants other than the Engineer. CD-Ill (01/88) 12 Ili . • • EXHIBIT B COMPENSATION OF ENGINEER The Engineer's compensation for the services set forth in Exhibit A shall be: Phase I.• A lump sum of $35,500 Phase H: A lump sum of $40,0000 These fees for Phase I are valid provided notice to proceed is received no later than March 31, 1989. These fees for Phase II are valid provided notice to proceed is received no later than August 5, 1989. • CD-111 (01/88) 13 EXHIBIT C SERVICES TO BE PROVIDED BY COUNTY STAFF (Hours shown indicate approximate level of effort) Task 1 - County-Specific Road Classification System _ . (240 hours.) Includes inventory and data entry of primary and secondary road system in county, including description of geometry, land use, and major features, and providing maps to consultant. We will provide direction and supervision of inventory, including video equipment, if desired. Task 2 - CollectorlSubcollector Road System (16 hours.) Includes providing base data, meetings, reviews, and coordination. • Task 3 - Private Road Standards, (4 hours.) Includes discussion and coordination. Task 4 - Review Article 13 (8 hours.) Includes meetings and discussion of proposed ordinance and similar ordinances in North Carolina and elsewhere. Task 6 - Review Transportation Plan Elements _ ..•_-_ (96 hours.) Includes meetings-and coordination to provide report-documents and data.; . •. • for those tasks performed by County staff, NCDOT, and other consultants. Includes meetings, reviews, coordination with.other consultants and projects,.and•a itance.in. ;., c.... . preparing final report copy and figures. County staff are to complete initial drafts of non-auto transportation plans other than those performed by consultants. Task 7 - Scenic Road Standards _ (40 hours.) Includes discussion and staff input on'criteria for scenic roads;formation • of citizens group to advise on scenic roads, and review of proposed policies. CD-Ill (01/88) 14 t • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 6._1 ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 21, 1989 SUBJECT: FACILITY STANDARDS FOR NEW SCHOOL-ORANGE COUNTY SCHOOLS DEPARTMENT: MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 CORRESPONDENCE FROM ORANGE TELEPHONE NUMBER- COUNTY SCHOOLS Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider approving deviations from the State Board of Education facility guidelines. BACKGROUND: The State Board of Education has established facility guidelines; however, a local Board of Education may deviate from the standards after receiving approval from the Board of County Commissioners. The County Board of Education requests approval to deviate from the guidelines for the construction of a new school . The attached correspondence highlights the proposed deviations. The County School Board Chair and County Superintendent will discuss the rationale for the changes. RECOMMENDATION(S) : Approve deviations from the State facility standard as presented by the County Board of Education. 2 (Orange (1tountg t % I 200 EAST KING STREET HILLSBOROUGH, NORTH CAROLINA 27278-2570 OFFICE OF THE SUPERINTENDENT (919)732-8126 • February 23, 1989 MEMORANDUM TO: John Link Orange County Manager FROM: Dan G. Lunsford Superintendent REFERENCE: Orange County Schools Presentation As you are aware, Dr. Kay Singer, School Board Chairman, and I have committed to attend the March 8 meeting of the Orange County Board of Commissioners. The purpose of our attendance is to provide an overview of the status of the model school proposal which is being considered by the Triangle J Council of Governments and the Orange County Board of Education. For your review and dissemination I am enclosing the most recent version of the concept paper. The Board ofEducaticn and I would also request action by the Commissioners on a related matter to the new school. The North Carolina State Board of Education has established facility guidelines that are very specific. If a local board of education wishes to deviate from these standards, they may do so, but it requires Board of County Commissioners approval. The architect for this project, the board and I would request approval of the Commissioners to deviate from three of these standards. The guide- lines and the request form are attached for study and action. The rationale for the deviation is as follows: 1) Kindergarten classrooms: SDPI standard - 1200 s.f. - Design - 1098 s.f. - Rationale: At the time we begin to use the classrooms the class size will be reduced and will be further reduced to 1:23. We feel that 1098 s.f. is very appropriate. 2) Grades 2-3 6lassrooms: SDPI Standard - 1000 s.f. - Design - 912 s.f. - Rationale: Same as kindergarten. 3) Dance classroom: SDPI Standard - 1800-2000 s.f. - Design - 1144 s.f. - Rationale: The standard is . . , - 3 John Link -2- February 23, 1989 for the K-12 grade range. We feel the 1144 s.f. will be very appropriate for an elementary school, particularly since the building will have a studio performance area. We feel that these three changes are very appropriate when we consider the reduction of class size effect. All other classrooms, support areas, and components of the facility meet or exceed the new facility standards. The Board of Education will take official action on this at its March 6 meeting. Thank you for your consideration of this request. DGL:ha . Enclosures cc: Kay Singer, Board Chairman o N N 1 . O N 4 U) ...1 oo 00 00 00 00 CO V 44 Ai - `..1 ,4 r..t --t 9 '[;7 N .•1 « . « • - G1 eV `* '0 ON U too 60 a. O " t-vi t O w Q •a W 73% t O 'L'cd 0 CU k cv O U v Q CI pet �b © N • I [g ro ,u 0 O' Q o p › 0a co .Q U "Cl " cu u •`"a °i 1‘..) b )4 14 VsZ Ca d) �, •O ca ro �e ct • 0 n UU to) Ur N x 6.1 0 • al • Q 0' Ap t. raf/U � .. m 04 t CZ .�/ 0 n o q � u •© t c a o 0 v) E U .2 'g 4.214 a N O v, to co V N S .g N 5 .d .d y 0 CO V `° H- e t- 0 :g A Q V � "IS R w Q Si e Q dA Q 11) to g H V 43 04 8 M b " .4 • ' ` • vi • "PCO I • h J 4+ W may O .a:p � °' Q' °a ` ', o w 8 a + r go a > py a WI a • . O O .© 0 o = • „d •moo a °' ° .' � a cc• tC CO p. 0 . ° v 'o= . 0 0 0 • • a b + ° a •E 4.)d A c d • CO Q V ° y a a n . ca .© H `C � a b ti••w42 o 03 'C.-3 •COI a o ° y ' : c 0 z • V '° • .a a N N 'a 4 to-4 A s N O ° O • - . • O VI .Z "4t O 'L 1 .. . 05 H " • O = > V CA 0•Ears y � w 0 F4 a = 0 VI �°. • °o j q a A � a '� o � � t s • •• '� 00 o i Ifli ° 0 O r, "'S ,� O aA t� R' °a ° 12 U a a O y C "M e :0 0 • P « •C 1' a C N ' Q? N° a U a 3 H .ta S 'O 6 • 7 C ° cis O '� .-r r`•is y O% ° N �: _ W U. • p, .c 5. 8 • . i ° 0 E 4a y 011 vs ' ' °a .5 4'• ;J:j 471 eh a 0 •c'll t4.• '40 0 5 ert °I? t, 'at 1 . 4 ,..1 A c..) g 2 .5 rn .ti oc) o al 4.... zi tf j M ® Z b N0 � 'O .p � vi ° =' 13 IIJ ! a "m c" d r ... A • 3 .b d) A "a E C H °a j H O O •^.. . • d cv 'O.d l• � E A a 0 5, " . E m i a d � R ys U � d .„, N d s O w 0 ~ ° 0 °b 0 CI � 4.) 8 "8 d y x U 2 co A O ix o O O v C) d ta w� ►� 1.ac '5 • © g © E .5r Vs . w rw it . ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. G-20 ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 21, 1989 SUBJECT: ECONOMIC DEVELOPMENT STRATEGIC PLAN DEPARTMENT: ECONOMIC DEVELOPMENT PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: Sylvia Price Copies of the EDC Strategic Plan were circulated on March 8, 1989 TELEPHONE NUMBER- Hillsborough 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the ECONOMIC DEVELOPMENT STRATEGIC PLAN. BACKGROUND: In FY 1987-88, the BOCC approved the concept of an Economic Development Strategic Plan, and provided funding in the current year (FY 1988-1989) budget for consultancy assistance to prepare the plan. The EDC in June agreed a Mission Statement and Charge for a citizens' Executive Committee to make recommendations for the Strategic Plan. The Executive Committee was appointed by the EDC in August 1988 and consisted of 30 persons, chosen to be demographically, geographically and occupationally representative of the County. This group of citizens worked in a committed and intense way throughout September, October and November of 1988, and presented their Report and Recommendations to the EDC on December 8, 1988. During January and February of 1989 the EDC, assisted by several members of the Executive Committee, has worked to produce an Implementation Strategy to address the Recommendations of the Executive Committee. At the BOCC meeting held March 13, 1989 the EDC presented the ECONOMIC DEVELOPMENT STRATEGIC PLAN, a document which incorporates the Recommendations of the citizens Executive Committee and the necessary strategies for implementation, including timeframe, milestones, implementors and costs. On March 13, 1989, the Board of Commissioners agreed to receive the report as presented, to schedule a public hearing on the report to take place on March 21, 1989 and directed that the EDC Strategic Plan be included on the Items for Decision Agenda for March 21, 1989. RECOMMENDATION(S) : Approve the ECONOMIC DEVELOPMENT STRATEGIC PLAN, authorize its implementation by the County, and direct the EDC to request funding through the County's budget process and other revenue sources. NC 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item ____ ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21 , 1989 SUWECT: County Boundary Line Between Orange & Chatham Counties. __- DEPARTMENT: Central Land Records PUBLIC HEARING: Yes _...11L No ATTACHMENT(S) : 1 Description INFORMATION CONTACT: 1 Boundary Plot Roscoe Reeve TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: to present to the Board of Commissioners a proposed description of a new boundary line between Orange and Chatham Counties . • /' • BACKGROUND: Increasing development activity, and service boundary designations have led both counties to desire to accurately determine where the boundary line between them lies. No actual historical description of the boundary exists. The counties received approval of special legislation from the General Assembly to create and mutually adopt a new boundary, based on line drawn and measured on orthophoto base maps. The proposed boundary is to consider traditional locations for the boundary, making adjustments for irregular locations that affect residency, but keeping the boundary as linear as ,possible. RECOMMENDATION(S) : that the Commissioners approve the taking of the proposed boundary line presented to a public hearing for the purpose of adopting a new boundary between Orange and Chatham 6ounties. — - - . ------ - .------ - ro COUNTY of ORANGE 2 CENTRAL LAND RECORDS OFFICE Roscoe E. Reeve Patricia B. Smith Manager Mapping Supervisor PROPOSED BOUNDARY LINE OF ORANGE'— CHATHAM COUNTIES BEGINNING at a point in the Southeast corner of Orange County, the Southwest corner of Durham County, and in the northern line of Chatham County, said point being identified as state plane coordinates E 1 ,995,089 .73, N 769,031 .29, as designated to be the corner of Durham and Orange Counties, and the northern line of Chatham County, by the courts of North Carolina in 1968; thence from said beginning point S 87° 52 ' 53" W a distance of 3,031.39 feet, more or less, to the East side of SR 1008, Mt Carmel Church Road, said point being N 2° 44' 57" E 913 .46 feet from state plane base coordinates E 1 ,992,000, N 768,000; .thence S '.87° 19' 47" W a distance of 5,535. 61 feet, more or less, to a point in the East side of SR 1918, Clearwater Lake Road, said point being N 66° 35 ' 9" W 1 ,630. 60 feet from state plane coordinates E 1 ,988,000, N 768,000; thence S 87° 16 ' 1" W a distance of 5,796.04 feet, more or less, to a point on the East side of SR 1915, Old Lystra Road, said point being N 73° 35 ' 20" W 1,330. 14 feet from state plane base coordinates E 1,982,000, N 768,000; thence S 87° 5' 54" W a distance of 5,124.73 feet, more or less, to a point in the tip of the joining of roads U S Highway 15-501 and Smith Level Road, said point being N 72° 51 ' 13" W 406.58 feet from state plane coordinates E 1 ,976,000, N 768,000; thence S 87° 19 ' 57" W a distance of 122.58 feet, more or less, to a point West of Smith Level Road, said point being N 72° 51 ' 13" W 406.58 feet, and, S 87° 19' 57" W 122 .58 feet from state plane base corrdinates E 1,976,000, N 768,000; thence N 83° 26' 54" W a distance of 7,545.91 feet, more or less, to a point in the Margaret Daniel property (Orange County PIN 9766-89-2424) , said point being N 0° 30' 32" W 990.27 feet from state plane bass:d6ordinates E 1 ,968,000, N 768,000; thence N 83° 10' 53" W a distance of 3,990.67 feet, more or less, to a point on the East side of SR 1939, Damascus 208 South Cameron Street • Hillsborough, North Carolina 27278 Telephones: 919 732-8181 •919 967-9251 • 919 688-7331 •919 227-2031 - Page 2 - Proposed Boundary, Orange - Chatham Counties. 3 Church Road, said point being N 3° 22 ' 6" W 1,344.43 feet and N 40° 54' 53" E 163 .74 feet from state plane base coordinates *E 1 ,964,000, N 768,000; thence S 40° 54' 53" W a distance of 163.74 feet, more or less, along the East side of SR 1939, Damascus Church Road, said point being N 3° 22 ' 6" W 1,344.43 feet from state plane base coordinates E 1 ,964,000, N 768,000; thence N 84° 32 ' 38" W a distance of 799.46 feet, more or less, to the Southeast corner of Lot 5, Section 2, Wolf ' s Pond, said lot being described in Plat Book 19 Page 149, Orange County Registry, said point being N 31° 38 ' 29" W 1 ,661 .54 feet from state plane base coordinates E 1 ,964,000, N 768,000, said point indicated as a control corner of Section 2, Wolf ' s Pond as per the referenced plat; thence with the Southern line of said Lot 5, and the Southern lines of lots 3, 4, 5, and 6 of Section 3, Wolf's Pond (Plat Book 20 Page 128 Orange County Registry) , and the Southern lines of lots 3, 4, and 5 of Section 4, Wolf' s Pond (Plat Book 22 Page 59 Orange County Registry) N 84° 4' W a distance of 2,304.33 feet, more or less, to the Southwest corner of Lot 5, Section 4, Wolf's Pond, per above—referenced plat; thence with the western line of said Lot 5, Section 4, Wolf' s Pond N 3° 4' W a distance of 200 ' to a point in the line of said Lot 5; thence N 83° 31 ' 29" W a distance of 7,963.50 feet, more or less,, to the Southeast side of SR 1942, Jones Ferry Road, said point being N 53° 59' 6" W 1 ,280. 19 feet from state plane base coordinates N 1 ,954,000, N 770,000; thence N 83° 17 ' 51" W a distance of 7 ,320.92 feet, more or less, to a point in the Walter Braxton Durham Et Al property (Orange County PIN 9747-62-6596) , said point being N 10° 45 ' 14" W 1 , 641 .97 feet from state plane base coordinates E 1 ,946,000, N 770,000; thence N 82° 56' 36" W a distance of 5,209.20 feet, more or less, to a point in the East side of SR 1951 , White Cross Road, said point being N 33° 9 ' 39" W 2,691 .42 feet from state plane base coordinates E 1 ,942,000, N 770,000; thence N 83° 3 ' 53" W a distance of 5,491 .64 feet, more or less, to a point in the Walter A Atwater Property (PIN 9737-43-8522) said point being N 44° 14' 16" W 1,300.34, feet from state plane base coordinates E 1 ,936,000, N 772,000; thence N 0° 3 ' 38" E a distance of 557 .45 feet, more or less, to a point in the said Walter Atwater property; thence N 84° 25 ' 37" W 'a distance 4 Page 3 - Proposed Boundary, Orange - Chatham Counties . of 808.38 feet, more or less, crossing SR 1954, Collins Mountain Road; thence S 13° 43 7" W a distance of 536.02 feet, more or less, to a point in the said Walter Atwater property, said point being N 9* 18' 41" E 1 ,063.43 feet from state plane base coordinates E 1,934,000, N 772,000; thence N 82° 53 ' 25" W a distance of 5,061 .87 feet, more or less, to a point on the East side of SR 1956, Crawford Dairy Road, said point being • N 27° 42 ' 13" W 1 ,888. 19 feet from state plane base coordinates E 1 ,930,000, N 772,000; thence N 82° 51 ' 37" W a distance of 3, 174. 63 feet, more or less, to a point in the Haw River, said • point being N 4° 48' 48" W 76. 62 feet from state plane base coordinates E 1 ,926,000, N 774,000, and said point being the ending point, the Southwest corner of Orange County, being in the Eastern boundary line of Alamance County, and the Northern boundary line of Chatham County. BEING the boundary line between Orange and Chatham Counties, as created by a line drawn on Orange County Orthophoto Base Maps, at a scale of 1" = 400 ' , said maps created by L Robert Kimball of Ebensburg, Pennsylvania, declared by same Kimball to be prepared to National Map Accuaracy Standards, and based on 1927 datum, and the North Carolina State Plane Coordinate System. The Orthophoto image and model was the result of aerial photography flown the months of March and April, 1987 . ......,1 • ...f. ..... ' • • Cn • "'... ."*"."..._ li.1 5 ,..... 1 = = • c:. c.3 . DuRRA4 • - = . ...:c = 1— . ...:c : . = . i w . C.O 'a ..4c CC tO ••:-. CC 4C ' C = = • ' a cc : • . . = w = CI . U.I cn c3 . CI. CD - t= - Q., . ., : . c.• • . . i • Li ... t.i . z 4 , = . g . 4 . . g g . • • , 4 . . = , • ti . 1 I . . . . 1 • . . ...,. ... ,. , . . , 1 . I . . . . ..ty . tO ; r-- 3ONVIiVenr . I - . t=1 . 1--ii 1 . • I . 1 . . . . 1 . . . . . . . . . . . . I • 1 IMENT---wimisffamemos...-- • 6 co , .et 11.1 tu CC CC U-I Cf3 t= • D.. ••, CD cc) NIT cu Ng' 1..01 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.6-,54 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21 , 1989 SUBJECT: Emergency Shelter Grant Application DEPARTMENT: Housing/Community Dev. PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Fikes Grant Application TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To authorize execution of an Emergency Shelter Grant Application to the N.C. Department of Natural Resources and Community Development. BACKGROUND: NRCD has announced the availability of additional Emergency Shelter Grant Program (ESGP) funds. The purpose of this program is to assist families and individuals who are homeless primarily due to their economic circumstances. These grants will be awarded to local governments to help improve the quality and availability of emergency shelters and services for the homeless in their communities. Since this program began in 1987, the County has been awarded funding three (3) times resulting in $25,597 in ESGP funds being directed to the Inter-Faith Council for the operation of their Community Shelter. Again the Housing and Community Development Department is proposing submission of an ESGP application with InterFaith Council acting as subrecipient. Inter-Faith has agreed to provide the matching resources necessary. This application is requesting $45, 000 in rehabilitation funds to be used by Inter-Faith Council for renovation of the Old Police Building in Chapel Hill , the present site of the shelter. The application deadline is March 28, 1989. County staff have met with representatives of Inter-Faith Council to discuss and prepare the proposed application. The application has been forwarded to the appropriate County officials for review and comment. RECOMMENDATION(S) : Authorize the submission of an Emergency Shelter Grant Application and authorize the Chair to sign the Application on behalf of the Board. I I % . • - - -• • ' - ' 2 EMERGENCY SHELTER GRANTS PROGRAMS APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: P.O. Box 8181, Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Fikes Address: P.O. Box 8181, Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. SHELTER (SUBRECIPIENT) a. Name of shelter: Inter-Faith Council Community Shelter b. Address: 100 W. Rosemary Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran Telephone: (919) 967-0643 d. Is subrecipient a domestic violence shelter? Yea No X X . 3. ADMINISTERING AGENCY a. Name of administrating agency: N/A b. Contact person and phone number: 4. GRANT REQUEST - Rehabilitation funds requested $ 45,000 - Operations/Services funds requested $ TOTAL $ 45.000 5. If the local government certifications are to be submitted at a later date than the application due date, please indicate that date: N/A 6. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official of local government applicant: Moses Carey, Jr. , Chair • - s . - , Board of Commissioners b. Signature c. Date ESGP #101 (Revised 3/89) 3 t. EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of Applicant Orange County (Local a-overnment) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. The homeless population of this community needs many transitional housing resources to enable them to find employment, seek appropriate counseling if necessary and accumulate enough money for move-in expenses. The Inter- Faith Council anticipates these needs remaining the same in the future. Therefore, a larger facility which houses various social services provider would be desirable. 2. What is the approximate number of homeless persons in your community/service area? According to the report of the Chapel Hill Task Force on the Homeless, there are as many as 50 homeless persons in Orange County at any given time needing emergency shelter. There are also several additional persons who live in automobiles, abandoned houses or any place they are undisturbed. In 1988, the Community Shelter served approximately 281 homeless persons. 3. Please define the community/service area used in answering question 2 above. Orange County is the community/service area including all incorporated towns within the County. 4. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? The Inter-Faith Council provides the only overnight shelter for homeless persons in Orange County. However, many other agencies provide temporary assistance to persons needing clothing, money and short-term assistance. The Agencies include Orange Congregations in Mission, Joint Orange Chatham Community Action Agency and the local Department of Social Services. Many other churches and small community services groups also provide meals at various holidays during the year. ESGP #102 (Revised 3/89) • 4 pL -:EMERGENCY SHELTER GRANTS PROGRAM REHABILITATION ACTIVITIES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Instructions for filling out this form are found on pages 10 and 11 of the guidelines. A. Name of Applicant: Orange County (Local Government) B. Name of Shelter: Inter-Faith Council Community Shelter • C. Name of Organization: Inter-Faith Council for Social Services D. Is the shelter located in a historic district? Yes No x E. Is the shelter located adjacent to a historic district? Yes x No F. Is the shelter located in a building built before 1945? Yes . x No 1. Amount requested for Rehabilitation: $45,000 2. What kind of rehabilitation is to be performed with ESGP funds? Mark checks beside all applicable activities on page 113-2. Renovation? x Major Rehabilitation? Conversion? 3. Estimate and briefly explain the impact of ESGP-assisted rehabilitation on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. Meet Code x Expand services x Improve facilities x Other (specify) ESGP rehabilitation assistance will enable the shelter to expand their bed capacity to 56 persons. It will also allow the combination of the shelter and the kitchen in one building. Presently, the Community Kitchen and the Shelter are n two different locations. 4. Do you own your facility? Lease your facility? x • Other? ESGP #113-1 (3/89) 5 . •'Rehabilitation-Activities Form (Page 2 of 4) Examples of Eligible Rehabilitation Activities Emergency Shelter Grants Programs - Purchase Made . . Fire Alarm System _ Air Conditions System + Storm Windows Drywall Supplies S Wiring - - Shelves, Cabinets _ Paint Carpeting Weather Stripping Lumber • Paved Parking Area -- Ceiling Fans, Attic Fans Furnace System — Exit lights, emergency and outside lights Repaired/Replaces: Removal of Floor — Termite Repairs Roof Repair — Repair/Installation of Screen _ Construction and other costs Contractors Fee _ Fire Escape Labor/Supervision Costs — Cut Doorway Washer & Dryer Connections Y Constructed Walls Brick laying Other: x Installed handicapped Accessibility ramp. x Renovations for additional sleeping areas x Removal and replacement of inadequate plumbing fixture - Weathering - Structural reinforcements 0006 • • 113-2 • 6 Rehabilitation Activities Form (Page 3 of 4) 5. Are you currently occupying the building to be assisted with Rehabilitation funds? Yes _a_ No • 6. How long has your organization been providing assistance to the homeless? 4 Years 3 Months 7. Is your facility a soup kitchen, day shelter, or other entirely service- oriented organization? Yes No •, 8. How many different persons use the shelter per day, on average? Peak Season: 36 Persons Off Peak Season: 2 0 Persons 9. Estimate the number of persons who use the shelter or services each day during peak and off-peak seasons of shelter operation. Peak Season Off-Peak Season Lodging: 3F Persons Lodging: ��_ Persons Served Meals: 36 Persons Served Meals: 20 Persons Provision of Provision of Services: 18 Persons Services: 10 Persons Referral for Referral for Services: 36 Persons Services: 20 Persons Other (Specify )): Other (Specify ): Persons Persons 10. Describe the type and circumstances of your average clients. Among those requiring emergency services at the Community Shelter are families temporarily homeless,,women with children, teenagers who are pregnant or having disputes with their families, deinstitutionalized persons, chronic street people, alcoholics, ex-offenders and transients. 11. What is the overnight lodging capacity of your shelter now? 44 Persons 12. How many months of the year is your facility now open? 12 Months How many days of the week? 7 Days How many hours per day? 12 Hours* Shelter residents who are ill are allowed to remain at the facility throughout the day 13. List the *sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 Volunteer Time 72,180 Federal/State Funds 20,00Q In-Kind Contributions Private Contributions 11,000 Institutional ;contributions 2.000 Other (Specif nTnSnmp9t 5,090 . TOTAL $130, 1 Rn ESGP #113-3 (3/89) 7 Rehabilitation Activities Form (Page 4 of 4) 14. What assurances do you have that the resources cited in Question 14 will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 576.73.) The Inter-Faith Council has been in existence for approximately twenty-five years and has continuously provided service to low income citizens of this community. Private contribu- tions and donations as well as local government support has steadily increased over the past years and it is anticipated that this trend will continue. 15. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant (approximately April 27 - October 24, 1987). Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5.00/hour) as they directly relate to carrying our proposed activities. Refer to page 8 of the Application Guidelines for the federal requirement for matching resources. Local Government Funds $ 20,000 Staff Salaries 42,000 Volunteer Time 72,180 Donated Material • Donated Buildin nve(Specify c nt 50,000 Other J5,000. TOTAL t189, 180 *Resources based on 1989 Shelter Budget. 16. Briefly show how you will obligate Rehabilitation funds within 180 days of date that the grant award is available to the local government. The tentative timetable for Rehabilitation Contract award is as follows Advertisement of Bids - March 10 CH Town Council Awards bid - April 24 Bid Opening - March 28 Pre-Construction Conference - April 26 17. Briefly show haw you will expend Rehabilitation funds within 360 days of the . date that the grant award is available to the local government. Following the above schedule work is schedule to begin May 1, 1989 with six months allowed for completion of renovations. This would mean all work should be completed by November 30, 1989 which should meet 360 day expenditure requirement. 18. Is you organisation a primarily religious organization? (See 24 CFR 576.21). Yea No x • • 19. How will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Inter-Faith Council is a private, incorporated non-profit organization approved as an IRS 501(c) (3) non-profit organization. 20. What is the street address of the building to be assisted? 100 W. Rosemary Street, Chapel Hill, N.C. 27514 21. How will the shelter meet the federal requirement for publicizing the nondiscrminatory operation of the shelter? (See CFR 576.79) ESGP #113-4 (3/89) SEE ATTACHMENT ; B 21. All shelter activities are presently publicized through all local community non-profit agencies, the Inter-Faith Council newsletter, and all local government departments. Additionally, the local news media as well as the Public Television Station at Chapel Hill (WUNC) has, been willing to advertise and promote shelter activities for Inter-Faith Council. These methods will ensure that the entire community is aware of the availability of the Community Shelter services in a non-discriminatory basis. RECEIVED JAN 3 1 419'71 North Carolina Department of Cultural Resources _ James C.Martin,Governor - Division of Archives and History Patric Dorsey,Secretary William S.Price,Jr,Director January 30, 1989 ' Ms. Tina Vaughn Department of Housing and Community Development Town of Chapel Hill 317 Caldwell Street Extension Chapel Hill, N.C. 27516 Re: Renovation of former Town Hall and Fire Station Chapel Hill, Orange County, ER 89-7787 Dear Ms. Vaughn: This letter is to summarize the meeting on January 13, 1989, with Renee Gledhill-Earley, Frank Branan, and Mitch Wilds of our staff, to review plans for the renovation of the former Town Hall and Fire Station as a shelter for the homeless. Because the building has been placed on the state study list for nomination to the National Register of Historic • Places and CDBG funds will be used, the project is subject to Section 106 of the National Historic Preservation Act and the regulations of the Advisory Council on Historic Preservation. In general, • the proposed plans meet the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. There are, however, a few items which we feel need additional consideration or should be carried out before any work is undertaken. These items are: Treatment of the fire truck bays. • Placement of the kitchen exhaust. Placement of the handicapped ramp and the possible incorporation of steps up to the entrance. Handling of the dropped ceiling around the first floor windows. • Photographic documentation of existing conditions. If in developing final plans for the project, the town will continue to work with our staff on these items, then we are of the opinion that the proposed undertaking will meet the Secretary of the Interior's Standards 109 East Jones Street•Raleigh,Na a ' B , nhCarolina 27611 (919)733-7305 10 Ms. Tina Vaughn ' January 30, 1989, Page Two for Rehabilitation and not adversely affect the historic property. This finding of a conditional no adverse effect requires the concurrence of the Advisory Council prior to project implementation. To request the council's comments you need to provide them with a documentation .package that . - describes the historic property, the proposed project, and contains this letter (see enclosed listing). The council's address is shown below and they are allowed 30 days to review the materials and render their opinion. We are pleased to see a local landmark being sympathetically preserved and put to such a worthwhile use. Please contact Ms. Gledhill-Earley if you have any questions concerning the steps necessary to proceed with your work. . 'Sin rely, '% G David Brook Deputy State Historic Preservation Officer DB:slw Enclosure cc: Advisory Council on Historic Preservation Old Post Office Building 1100 Pennsylvania Avenue, N.W. Suite 809 Washington, D.C. 20004 Chapel Hill Historic District Commission Town of Chapel Hill 306 North Columbia Street Chapel Hill, N.C. 27514 North Carolina Department of Cultural Resources James G.Martin,Governor Division of Archives and History Patric Dorsey,Secretary William S. Price,Jr.,Director February' 14, 1989 Tina Vaughn, Director Department of Housing and Community Development Town of Chapel Hill 317 Caldwell Street Extension Chapel Hill, N.C. 27516 Re: Former Municipal Building Renovation for Homeless Shelter, Chapel Hill, Orange County, ER 89-7935 Dear Ms. Vaughn: Thank you for your letter of January 27, 1989, concerning the above project. We have reviewed the revisions and would like to comment. The changes made in the plans since the January 13, 1989, meeting between . representatives of the town of Chapel Hill, the project architect, and our staff appear to address our major concerns. The single item which was not addressed regards dropped ceilings and window head heights. We continue, to encourage the architect to retain as great a ceiling i height as possible within the building, and especially adjacent to the perimeter walls. If the ceilings are lowered below the height of the window surrounds, then a reveal should be constructed to minimize the visibility of the ceiling from the exterior and to meet the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. . The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation's'Regulations for Compliance with Section 106, codified at 36 CFR Patt 800; and to Executive Order 11593, "Protection and Enhance- • ment of the Cultural Environment." Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Ms. Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. ( ineeEely, 0 Day Brook, Deputy State Historic Preservation Officer . DB:siw 109 East ones Street•Raleigh,North Carolina 27611 cc: GGA Architects 12 ESGP Round 4 Application Check List Name of Local Government (applicant): County of Orange Name of Subrecipient: Inter-Faith Counci ommuni y e er x 1. Do you have one original and one copy of the following forms for each Shelter? x a. Application Summary Form x b. Community Needs Form • c. One six page Operations/Services Activities Form OR x d. One four-page Rehabilitation Activities Form or both. _ X e. Certification Form X_ f. If applicable, is the comment letter from the Division of Archives and History enclosed? 2. Is the original application signed in ink by the local government. Chief Elected Officer on the Applications Summary Form and on the Certification Form? (Signature must match typed name) x 3. Are all questions of the application package answered completely? x 4. Will all application materials be received by the -Division of Community Assistance on March 28, 1989, or be postmarked by this date? N/A 5. If applicable, will both the Certification Form, ESGP #104 and the signature on the Application Summary Form, ESGP #101 be received or postmarked on or before April 11, 1989? March 211 1989 Signature Data Local Government Contact Person (Should be same as on Application Summary Form) • II . 13 EMERGENCY SHELTER GRANTS PROGRAMS • LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, County of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 576.71 will be provided. A description of the sources and amounts of such supplemental funding is provided in this application. • (b) It possesses legal authority to apply for the grant, and to execute to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a' resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (d) Its chief elected official or other officer of the applicant approved by NRCD: • (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 .CFR 58.5, which further the purpose of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose • of enforcement of his responsibilities as such an official. (3) Consents to review and comment on all Environmental Impact. Statements prepared for Federal projects which may'have an impact on the applicant's/recipient's ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) Its ESGP program will be conducted and administered in conformity with Public Law 90-284, and that it will affirmatively further fair housing. (f) It will comply with and ensure that designated subrscipients of .ESGP grants will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15NCAC 13Q of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 3/89) 14 (g) It will give NRCD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers of documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those who may have family, business or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. (j) It will assure that the recipient and project sponsor conducting activities, funded in whole or in part with McKinney Act funds, to assist the homeless population in this jurisdiction, will administer, in good faith, a policy designed to ensure that the assisted homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. Moses Carey, Jr. . Chair Orange County Board of Commissioners Name and Title of Chief Elected Official Signature Date ESGP #104-2 (Revised 3/89) 1 ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREX jR, STEPHEN H.HALKIOTIS JOHN HARTWELL SHIPLEY E.MARSHALL DON WIL1-HOIT March : 9a9 Robert Chandler, Director Division of Community Assistance North Carolina Department of Natural esources and Community Development Post Office Bo:-: 27611 Raleigh, N.C. 27611 7687 iDear Mr. Chandler: Orange County is pleased to submit a 1989 Emergency Shelter Grant Application for review and consideration by your staff. This County has always been aware of the acute . problems facing our ever-growing homeless population and appreciate the availability of these funds to assist in meeting these needs. The renovation of the present Inter- Faith Council Shelter is a community project with numerous agencies, individuals, civic groups as - well as local governments • who have given financial support to the completion of this .536po, o.op project.- With the assistance of the Emergency Shelter- Grant Program, all shelter renovations • planned can be completed. • Should you have questions rearding this application. cc • not hesitate to call Tara L. Fikes , Housing Services Director • at ( 919 ) 732-8151 Extension 42E . • Sincerely, • 2,cses • Chair • • • 111 Recipient's Plan to Further Fair Rousing I .n. - .unt Grantee • • P.O. Box 8181, Hillsborough, N.C. 27278 _ Grantee's Address _ (919) 732-8181 Contact Person Telephone Number I. Indicate if the grantee will be affirmatively furthering fair housing for the first time or has implemented specific activities in the past. First Time .2[4. Past Activities --- II. Identify and analyze obstacles to affirmatively furthering fair housing in grantee's community. (Use additional pages as necessary) 1 . The lack of knowledge by the general public of Federal Fair Housing Laws and more specifically the State Fair Housing Act and the protection provided by these laws. 2. The scattered geographic location of the County's low and moderate income population throughout the County causes difficulty in disseminating information pertinent to this population. 3 . The apparent lack of importance of maintaining standard rental housing and practicing sound leasing and management practices by realtors and individual property owners. 4 . The housing sales market in the County tends to respond to the influence of the upper income population in terms of housing size, cost, location and design, thereby, • limiting homeownership opportunities for prospective low/moderate income homebuyers. These persons are then overwhelmed by this complex sales market and tend to lack knowledge of financing options available to them. Page 1 of 3 pages III. Briefly describe the activities that the grantee will undertake over the active period of the grant to affirmatively further fair housing in their community. A time schedule for implementation of these activities must be included. Activities must be scheduled for implementation at least on a quarterly basis. (Use additional pages as necessary) SEE ATTACHMENT 1 IV. Will the above activities apply to the total municipality or county? Yes No xx If no provide explanation. Activities will apply only to unincorporated areas of the County. of 3 Pages 2 o es g - I ATTACHMENT 1 JULY - SEPTEMBER 1989 1 . Conduct education forums for local citizens, homebuilders, realtors, financial institutions and other interested organizations to provide information pertaining to Title VIII Fair Housing Laws, the State Fair Housing Act and the local procedure for filing . complaints under these laws. This would be accomplished by conducting two seperate forums. The first forum would be targeted to industry providers, i .e. realtors, financial institutions, and homebuilders. Co-sponsorship will be sought from the local Board of • Realtors, the local Homebuilders Association and the Orange County Human Relations Commission. The second forum would address the general public with special emphasis on the low/moderate income population. The County Housing and Community Development Department and . the Orange County Human Relations Commission would sponsor this activity. Both education forums will be coordinated with the N.C. Human Relations Commission. . . ) 2. During these forums and immediately thereafter brochures . titled "Fair Housing is the Law in North Carolina" will be distributed to all forum participants and Community Development project area residents. Brochures and posters will also be distributed to the local Community . Action Agency, all County human service departments and all County non-profit social service organizations. 3 . Publish public service announcements in newspapers serving the County as well as local cable and radio stations. These announcements will include general fair housing information as well as list the Housing and Community Development Department as the contact agency for more information or to file a complaint. (This would ' . be on-going throughout the life of the CDBG program. ) OCTOBER - DECEMBER 1989 . . 1 . Assess knowledge of the public of Fair Housing laws by administering a limited survey among the County residents. 2. Assist the Orange County Human Relations Commission in the preparation of an Ordinance to include protection against housing discrimination for adoption by the Board of Commissioners. . . V. Describe grantee's method for receiving and resolving housing discrimination complaints. This may be either a procedure currently being implemented or one to be implemented under this CDBG grant. Include a description of how the grantee informs the public about the complaint procedures. (Use additional pages as necessary) SEE ATTACHMENT 2 • • • APPROVED BY: M,Qsgg Carey/ Jr. Name of Mayor or Ch= rman /'id S • .tire of Mayor or Char "• Chair Title 03-21-89 Date Page 3 of 3 Pages • ATTACHMENT 2 ORANGE COUNTY FAIR HOUSING COMPLAINT PROCEDURE Housing Discrimination is prohibited by Title VIII of the Civil Rights Act of 1968 and by the North Carolina State Fair Housing Act . In an effort to promote fair housing and to ensure that the rights of housing discrimination victims are protected, Orange County has adopted the following procedures for receiving and resolving housing discrimination complaints: 1 . Any person or persons wishing to file a complaint of housing discrimination in Orange County may do so by informing the Housing and Community Development Department of the facts and circumstances of the alleged discriminatory act or practice; 2. Upon receiving a housing discrimination complaint, the Orange County Housing and Community Development Department shall inform the North Carolina Human Relations Council (Council ) about the complaint . For information only, the Orange County Human Relations Commission will also be informed of all complaints received. The Housing and Community Development Department shall then assist the Council and the complainant in filing an official written housing discrimination complaint with the Council , pursuant to the State Fair Housing Act and Title VIII . 3 . The Housing and Community Development Department shall offer its assistance to the Council in the investigation and conciliation of all housing discrimination complaints which are based upon events occurring in Orange County. 4. The Housing and Community Development Department shall publicize within Orange County that is is the • local agency to contact with housing discrimination complaints. Adopted 3/21/89 f EMERGENCY SHELTER GRANTS PROGRAMS APPLICATION SUMMARY FORM 1. APPLICANT a. Name of local government: County of Orange b. Address: P.O. Box 8181, Hillsborough, N.C. 27278 c. County: Orange d. Local Government Contact Person: Tara L. Pikes Address: P.O. Box 8181, Hillsborough, N.C. 27278 Telephone: (919) 732-8181 2. SHELTER (SUBRECIPIENT) a. Name of shelter: Inter-Faith Council Community Shelter • b.' Address: 100 W. Rosemary Street Chapel Hill, N.C. 27514 c. Subrecipient Contact Person: Chris Moran Telephone: (919) 967-0643 d. Is subrecipient a domestic violence shelter? Yes No X . 3. ADMINISTERING AGENCY a. Name of administrating agency: N/A - b. Contact person and phone number: 4. GRANT REQUEST ' ' : _ • - Rehabilitation funds-requested: :: : -$: 45;0007' - Operations/Services funds requested $ TOTAL $ 45 .000 5. If the local government certifications are .to be submitted at a later date than the application due date, please indicate that date: N/A 6. CERTIFICATION To the best of my knowledge and belief, data in this application is true and correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the assistance is approved. a. Typed Name and Title of Chief Elected Official of local government • applicant: Moses Carey, Jr. , Chair Orange County Board o Commissioners �.� '7 `F(i b. Signature (j, �,._ , '_,0/, c. Date ..C.- C1 77 ESGP #101 (Revised 3/89) / A EMERGENCY SHELTER GRANTS PROGRAM COMMUNITY NEEDS AND RESOURCES FORM Name of Applicant Orange County (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. The homeless population of this community needs many transitional housinc resources to enable them to find employment, seek appropriate counseling if necessary and accumulate enough money for move-in expenses. The Inter Faith Council anticipates these needs remaining the same in the future. Therefore, a larger facility which houses various social services provid. would be desirable. 2. What is the approximate number of homeless persons in your community/service area? According to the report of the Chapel Hill Task Force on the Homeless, there are as many as 50 homeless persons in Orange County at any given time needing emergency shelter. There are also several additional persons who live in automobiles, abandoned houses or any place they are undisturbed. In 1988, the Community Shelter served approximately 281 homeless persons. 3. Please define the ommunity/service area used in answering question 2 above. Orange County is the community/service area including all incorporated towns within the County. 4. What programs and services- are available to the -bomeless in your ommmmity (including those provided by government, -private nonprofit agencies and_other, .._ , organizations)? The Inter-Faith Council provides the only overnight shelter for homeless persons in Orange County. However, many other agencies provide temporary assistance to persons needing clothing, money and short-term assistance. The Agencies include Orange Congregations in Mission, Joint Orange Chatham Community Action Agency and the local Department of Social Services. Many other churches and small community services groups also provide meals at various holidays during the year ESGP #102 (Revised 3/89) • EMERGENCY SHELTER GRANTS PROGRAM REHABILITATION ACTIVITIES FORM A separate form should be filled out for each subrecipient. See pages 1 to 3 of the Application Guidelines for discussion of eligible activities, ineligible activities and federal restrictions. Instructions for filling out this form are found on pages 10 and 11 of the guidelines. A. Name of Applicant: Orange County (Local Government) B. Name of Shelter: Inter-Faith Council Community Shelter C. Name of Organization: Inter-Faith Council for Social Services D. Is the shelter located in a historic district? Yes No x E. Is the shelter located adjacent to a historic district? Yes x No F. Is the shelter located in a building built before 1945? Yes . x No 1. Amount requested for Rehabilitation: $45,000 - 2. What kind of rehabilitation is to be performed with ESGP funds? - Mark checks beside all .applicable activities, on page 113-2. 0- - Renovation? - Major Rehabilitation?__ . Conversion? - 3. Estimate and briefly explain the impact of ESGP-assisted rehabilitation on your organization's assistance to the homeless. Please include persons • served and level of service provided where possible. • • Meet Code x Expand services Improve facilities Other (specify) ESGP rehabilitation assistance will enable the shelter to expand their bed capacity to 56 persons. It will also allow the combination of the shelter and the kitchen in one building. Presently, the Community Kitchen and the Shelter are in two different locations. 4. Do you own your facility? Lease your facility? Other? ESGP #113-1 (3/89) • • Rehabilitation Activities Form (Page 2 of 4) Examples of Eligible Rehabilitation Activities Emergency Shelter Grants Programs - Purchase Made _ Fire Alarm System Air Conditions System Storm Windows _ Drywall Supplies x Wiring Shelves, Cabinets Paint Carpeting Weather Stripping Lumber Paved Parking Area Ceiling Fans, Attic Fans a Furnace System ._.. Exit lights, emergency and outside lights Repaired/Replaces: — Removal of Floor _ Termite Repairs moor Roof Repair .__. Repair/Installation of Screen — Construction and other costs a Contractors Fee _ Fire Escape a. Labor/Supervision Costs _ Cut Doorway Washer & Dryer Connections Constructed Walls Brick laying Other: X: Installed handicapped Accessibility ramp. - x Renovations for additional sleeping areas x Removal and replacement of inadequate plumbing fixture • - Weathering - Structural reinforcements 0006 • • •• • 113-2 • Rehabilitation Activities Form (Page 3 of 4) 5. Are you currently occupying the building to be assisted with Rehabilitation funds? Yes , x No • 6. How long has your organization been providing assistance to the homeless? 4 Years 3 Months 7. Is your facility a soup kitchen, day shelter, or other entirely service- oriented organization? Yes No 4•41■1, 8. How many different persons use the shelter per day, on average? Peak Season: 36 Persons Off Peak Season: 20 Persons 9. Estimate the number of persons who use the shelter or services each day during peak and off-peak seasons of shelter operation. Peak Season Off-Peak Season • Lodging: 36 Persons Lodging: _ _ Persons Served Meals: 36 . Persons Served Meals: 2Q Persons. Provision of Provision of Services: 18 Persons Services: , 10 Persons Referral for Referral for Services: 36 Persons Services: 20 Persons . Other (Specify . )): Other (Specify ): .. Persons Persons 10. Describe the type. and :circumstances of-:your -average -.clients::° _ _ _ Among those requiring -emergency services -at', the . Community"Shelter are n• families temporarily:homeless.,women with •children, teenagers-who .are • - pregnant or having disputes with their families, deinstitutionalized persons, chronic street people, alcoholics, ex-offenders and transients. 11. What is the overnight lodging capacity of your shelter now? 44 Persons 12. How many months of the year is your facility now open? 12 Months How many days of the week? 7 . Days 1 How many hours per day? 12 Hours* Shelter residents who are ill are allowed to remain at the facility throughout the d. 13. List the sources of funding and resources in your present budget and their amounts. Local Government $ 20,000 .. .. Volunteer Time 72,180 Federal/State Funds 20,000 In-Kind Contributions Private Contributions 11,000 Institutional iCnntributi t s 2,000 Other (Specify Tnr� u 5_,000 • TOTAL $130,180 ESGP P113-3 (3/89) _ - Rehabilitation Activities Form (Page 4 of 4) 14. What assurances do you have that the resources cited in Question 14 will continue -to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 576.73.) The Inter-Faith Council has been in existence for approximately twenty-five years and has continuously provided service to low income citizens of this community. Private contribu- tions and donations as well as local government support has steadily increased over the past years and it is anticipated that this trend will continue. 15. Indicate the source and dollar value of federally required matching resources that must be available during the period of the grant (approximately April 27 - October 24, 1987). Matching resources may include the value of any donated material or building, the value of any lease on a building, staff salaries, and volunteers' time and services (determined at $5.00/hour) as they directly relate to carrying our proposed activities. Refer to page 8 of the Application Guidelines for the federal requirement for matching resources. Local/Government Funds $ 20,000 Staff Salaries 42,000 Volunteer Time 72,180 Donated Material Donated Building 0,090 Other (Specify Lona_nvestmpnt 5,000 . . . TOTAL S189, 180 *Resources based on 1989 Shelter Budget. • • 16. Briefly show how you will 0311/Et! Rehabilitation funds within 180 days of date that the grant award is available to the local government. The tentative timetable for Rehabilitation ,Contract award is as follows Advertisement o,fBide:_:.-.. .March!.:10:-.-.C13-•Town.-•Council Awards bid_ April- 24 Bid Opening 1•- • • -- =- March 28 Pre-r.onstruction_Conferen.ce: April-_26.- -, 17. Briefly show how youLwill expend Rehabilitation- -funds siithin.3:60 days- of:the:: -:4 date that the grant award is available• to the local government. Following the above schedule work is schedule to begin May 1, 1989 with six months allowed for completion of renovations. This would mean all work should be completed by November 30, 1989 which should meet 360 day expenditure requirement. 18. Is you organization a primarily religious organization? - (See -24 CFR 576.21). Yes No x . . 19. Row will your organization comply with the federal restrictions on the use of ESGP funds by primarily religious organizations? The Inter-Faith. Council is a private, incorporated non-profit organizatior approved as an IRS 501(c) (3) non-profit organization. 20. What is the street address of the building to be assisted? 100 W. Rosemary Street, Chapel Hill, N.C. 27514 21. How will the shelter meet the federal requirement for publicizing the nondiscrminatory operation of the shelter? (See CFR 576.79) ESOP #113-4 (3/89) SEE ATTACHMENT • 21. Al]. shelter activities are presently publicized through all local community non-profit agencies, the Inter-Faith Council newsletter, and all local government departments. Additionally, the local news media as well as the Public Television Station at Chapel Hill (WUNC) has been willing to advertise and promote shelter activities for Inter-Faith Council. These methods will ensure that the entire community is aware of the availability of the Community Shelter services in a non-discriminatory basis. • RECEIVED JAN 3 1 17'29 •• . , 11'14 North Carolina Department of Cultural Resources James G.Martin,Governor Division of Archives and History Patric Dorsey,Secretary William S.Price,Jr.,Director January 30, 1989 Ms. Tina Vaughn Department of Housing and Community Development Town of Chapel Hill 317 Caldwell Street Extension Chapel Hill, N.C. 27516 Re: Renovation of former Town Hall and Fire. Station Chapel Hill, Orange County, ER 89-7787 Dear Ms. Vaughn: This letter is to summarize the meeting on January 13, 1989, with Renee Cledhill-Earley, Frank Branan, and Mitch Wilds of our staff, to review 'plans for the renovation of the former Town Hall and Fire Station as a ,shelter for the homeless. Because the building has been placed on the state study list for nomination to the National Register of Historic • Places and CDBC funds will be used, the project is subject to Section 106 of the National Historic Preservation Act and the regulations of the • Advisory Council on Historic Preservation. In general, the proOosed-Olans-Meet:tha:S4cretar '7 - Standards for Buildings. . There ate;..1hOWeverVa'feW items which we-6eiT;;TE7cTTEED;t7;a1' ' ;"-:' • consideration or should:be .carried out befoterany;work-is.undertaken. — These items are: Treatment of the fire truck bays. • Placement of the kitchen'exhaust. Placement of the handicapped ramp and the possible incorporation of steps up to the entrance. Handling of the dropped ceiling around the first floor windows. Photographic documentation of existing conditions. If in developing final plans for the project, .the town will continue to work with our staff on these items, then we are of the opinion that the proposed undertaking will meet the Secretary of the Interior's Standards 109EastJonesStreet 0 Raleigh,North Carolina 27611 • (919)733-7305 • 1 • • Ms. Tina Vaughn January 30, 1989, Page Two • for Rehabilitation and not adversely affect the historic property. This finding of a conditional no adverse effect requires the concurrence of the ' Advisory Council prior to project implementation. To request the council's comments you need to provide them with a documentation ,package that . describes the historic property, the proposed project, and contains this letter (see enclosed listing). The council's address is shown below and they are allowed 30 days to review the materials and render their opinion. We are pleased to see a local landmark being sympathetically preserved and put to such a worthwhile use. Please contact Ms. Gledhill--Earley if you have any questions concerning the steps necessary to proceed with your work. /Sine rely, 7 ! ckO Ji David Brook Deputy State Historic Preservation Officer DB;slw Enclosure cc: Advisory Council 'on Historic Preservation • Old Post Office Building • 1100 Pennsylvania Avenue, N.W. Suite 809 Washington, D.C. 20004- --r. . L•. .1002-1:4 • Chapel-Hill Historic-District Commission:: L-i.__ Town of Chapel Hill: - • • 306 North ColumbiaStreet•. ' •. - Chapel Hill, N.C. 27514 • • • M SiwTj a _ ., .. � � SEC •�. E1VE� r c 1 . 7 1959 North Carolina Department of Cultural Resources James G.Martin,Governor Division of Archives and History Patric Dorsey, Secretary William S. Price,Jr.,Director • February 14, 1989 • Tina Vaughn, Director Department of Housing and Community Development Town of Chapel Hill - 317 Caldwell Street Extension - Chapel Hill, N.C. 27516 Re.: Former Municipal Building Renovation for Homeless Shelter, Chapel Hill, Orange County, ER 89-7935 Dear Ms. Vaughn: • Thank you for your letter of January 27, 1989, concerning the above project. We have reviewed the revisions and would like to comment. The changes made in the plans since the January 13, 1989, meeting between . • representatives of the town of Chapel Hill, the project architect, and our staff appear to address our major concerns. The single item which was not addressed regards dropped ceilings and window head heights. • We continue to encourage-.the-archit-ectF-.to:rataiut•asT gxeatt a ceiling- n. - .- height as possible within..the_building.,' .and especially...adj acent_to..the. . .. ' perimeter walls. - If the' ceilings are'lowered• below the height-of the : •• window surrounds, .then-a reveal:should be-construucted.to minimize the-: . • visibility of the ceiling from the exterior and' to meet the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating 'Historic Buildings. . . The above comments are made pursuant to Section 106 of the National Historic Preservation Act of 1966, the Advisory Council on Historic Preservation's'Regulations for Compliance with Section 106, codified at 36 CFR Part 800; and to Executive Order 11593, "Protection-and Enhance- • ment of the Cultural Environment." Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Ms. Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763. ( elS l' � • •v Day Brook, Deputy State Historic Preservation Officer • DB:slw 109 Eastfones Street•Raleigh, North Carolina 27611 cc CrA Arrh-i or•f- ESGP Round 4 Application Check List Name of Local Government (applicant) : County of Orange Name of Subrecipient: Inter-Faith Council Community Shelter x 1. Do you have one original and one copy of the following forms for each Shelter? x a. Application Summary Form x b. Community Needs Form c. One six page Operations/Services Activities Form OR x d. One four-page Rehabilitation Activities Form or both. x e. Certification Form • x f. If applicable, is the comment letter from the Division • of Archives and History enclosed? 2. Is the original application signed in ink by the local government , Chief Elected Officer on the Applications Summary Form and on the Certification Form? (Signature must match typed name) . x 3. Are all questions of the application package answered completely? • x 4. Will all application materials be received by the Division of Community Assistance on March 28, 1989, or be postmarked.by this date? N/A 5. If applicable, will'both the: Certification Form•; FSGP-'#104-and:the :7104 _... signature on the Application=Stmmary-Form,_ESGP:41.01•be••received-or- postmarked on or before-April:11; 1989? __,-_: r : , . March 21, 1989 Signature Date Local Government Contact Person • (Should •be same as on Application Summary Form) - • • • • • • EMERGENCY SHELTER GRANTS PROGRAMS LOCAL GOVERNMENT CERTIFICATION FORM The Applicant, County of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 576.71 will be provided. A description of the sources and amounts of such supplemental funding is provided in this application. (b) It possesses legal authority to apply for the grant, •and to execute to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. • (d) Its chief elected official or other officer of the applicant approved by NRCD: (1) Consents to assume the status of the "responsible Federal . Official" as that term is used in Section 102 of• the National Environmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 CFR 58.5, which further the purpose of NEPA. (2) Is authorized and consents_on_behalf_of the..applicant and himself. _ . _..._ to accept the jurisdiction of-the Federal "courts-for 'the 'ptirpose-. of enforcement of his :responsibilitiee as such an:official. • (3) Consents to review and comment on all Environmental Impact . Statements prepared for Federal projects which may have an impact on the applicant's/recipient's ESGP Program. • (4) Consents to perform'all coordination functions required under 24 CFR 58 and 40 CFR 1500-1508. (e) Its ESGP program will be conducted and administered in conformity with Public Law 90-284, and that it will affirmatively further fair housing. (f) It Will comply with and ensure that designated subrecipients of ESGP grants will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15NCAC 13Q of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP #104-1 (Revised 3/89) e . (g) It will give NRCD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers of documents related to the ESGP grant, and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (h) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those who may have family, business or other ties. (i) It will minimize displacement of persons as a result of activities assisted with ESGP funds. (j) It will assure that the recipient and project sponsor conducting activities, funded in whole or in part with McKinney Act funds, to assist the `homeless population in this jurisdiction, will administer, in good faith, a policy designed to ensure that the assisted homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. • Moses Carey, Jr. , Chair Orange County Board of Commissioners Name and Title of Chief Elected Official . V //I/ V Si_ :tune • Date ESGP #104-2 (Revised 3/89) • C 0 PY STANDARD AGREEMENT BETWEEN CLIENT AND KIMLEY-HORN AND ASSOCIATES, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT made this 21st •day of March ,198 , by and between Orange County, North Carolina (the "Client") and KIMLEY-HORN AND ASSOCIATES, INC., of Raleigh, NC (the "Engineer"); Client intends to prepare a comprehensive transportation plan for Orange County, including a County-specific road classification system and thoroughfare plan; policy recommendations regarding scenic roads, private roads, unpaved roads, and traffic impact analysis; and review and assembly of elements related to non-auto transportation modes, as described in the Request for Probosal dated August 10, 1988 (hereinafter called the Project). WHEREAS, the Client desires -to engage the Engineer to perform certain professional engineering services. NOW, THEREFORE, the Client and the Engineer, in consideration of their mutual covenants herein, agree in respect of the performance of professional engineering services by the Engineer and the payment of those services by the Client as set forth below. (1) Scope of Agreement. The Engineer will furnish professional engineering services for the Client, as more specifically described _in-Exhibit A, attached and.- - - _ ------incorporated by reference (the-"Services") • - • _ • • • • - (2) Additional Services. _: The undertaking of ".the Engineer :perform: • professional Services undef:this:Agreement extends:only.to=the-services••seV forth-in`, Exhibit A. If requested by-the Client and agreed to by:the Engineer, the Engineer will. - _ • perform additional services ("Additional Services") and shall be compensated as set forth . • below. (3) Client's .Responsibilities. •_ The Client:,shall_do the.:following. in a .timely • • - manner so as not to delay the services of the Engineer. • - (a) Designate in writing .a person to act as the Client's representative. with *respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Engineer's services for the Project. (b) Provide all criteria and full information as to the Client's requirements for CD-111 (01/88) 1 the Project, including objectives and constraints, space, capacity• and performance expectations, flexibility and expandability, and any budgetary limitations; and furnish copies of all references or standards which the Client will require to be included in the Engineer's documents. • (c) Assist the Engineer by placing at its disposal all available information pertinent to the Project including previous reports and any other data relative to studies, design, construction, or operation of the Project, and provide those services described under Exhibit C. • (d) Furnish to the Engineer, as required for performance of the Engineer's Services (except to the extent provided otherwise in Exhibit A), the following: (i) data prepared by or services of others, including without limitation boring, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; • • (ii) appropriate professional interpretations of and recommendations for all of the foregoing; (iii) environmental assessment and impact statements;- (iv) property, boundary, easement, right-of-way, topographic and utility - surveys; (v) _property descriptions; (vi) zoning, deed, and other land use restrictions; and • -•- • (vii) other special data-or consultations; all of which Engineer-may use•and-' -- rely upon in performing'Services underAhis:A-greement.!irrtt-- • (e) Arrange for access to and .make all provisions•for the Engineer to enter .• upon public and private property as required for. the Engineer' to perform services• • . - • under this Agreement. (f) Examine all studies, _.reports, sketches,_ proposals, and other documents . . presented by the Engineer, obtain advice.of an attorney,- insurance counselor and ....-_ - - other consultants as the.Client deems:appropriate-for:such. examination and:Tender'-in: •�.= writing decisions pertaining thereto within a reasonable time so as not to delay the _services of the Engineer. The Engineer shall have no liability to the Client for delays resulting from Client's failure to review documents.promptly. • (g) Furnish approvals and permits for all government authorities having jurisdiction over the Project and such approvals and consents from others as may be- • necessary for execution of the Project. CD-111 (01/88) 2 • • t (h) Provide such accounting, independent cost estimating and insurance • • counseling services as may be required for the Project and such legal services as the Client may require or the Engineer may reasonably request with regard to legal issues pertaining to the Project. (i) Furnish to the Engineer data or estimated figures as to the Client's anticipated costs for services to be provided by others for the Client so that the Engineer may make the necessary findings to support opinions of probable total •••• project costs. (j) Give prompt written notice to the Engineer whenever the Client observes or otherwise becomes aware of any development that affects the scope or timing of Engineer's services, or any defect or non conformance in any aspect of the Project. • (k) Furnish, or direct the Engineer to furnish, necessary Additional Services as provided in paragraph (6) of this Agreement. (1) Bear all costs incident to compliance with the requirements of this paragraph. (4) Period of Service. (a) The provisions of this section and the various rates of compensation for the • Engineer provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project throughout the period of the Services. -. • (b) The Engineer shall begin services described_in__-Exhibit•..A as. Phase d . promptly after receipt_.of.a-'fully:executed..copy of-this Agreement•and'cwillW-complete. . the Services described in Exhibit A within the time schedule therein provided.. A ::. - notice to proceed will be--issued for those'tasks-described as.Phase-II :in Exhibit--A; --- '° ._ :.. contingent upon funding. The times for performance established in such schedule • shall be extended as necessary for periods of delay resulting from strikes, natural disasters, and similar circumstances of which the Engineer has no control. _ If the. _ ___.. Client requests significant 'modifications 'in- the scope of the Project,-:the- time::of performance of the Engineer's Services shall be adjusted appropriately. (c) In addition, if the Engineer's Services or any required Additional Services are delayed or suspended in whole or in part for more than three (3)months for reasons beyond the Engineer's control, the Engineer shall be paid as provided in paragraphs (5) and (6), but such suspension shall not terminate this Agreement unless .. the Engineer elects to terminate by written notice to the Client. If the Engineer's services or any required additional services are delayed or suspended in whole or in CD-ill (01/88) 3 • part for more than three (3) months for reasons beyond the Client's control, it shall be deemed substantial failure by the Engineer and the Client may elect to terminate said agreement with seven (7) days written notice. If such delay or suspension extends for more than six (6) months (cumulatively) for reasons beyond the Engineer's control, the various rates of compensation provided for elsewhere in this Agreement shall be subject to renegotiation. (d) The Engineer's receipt of a. fully executed copy of. this Agreement shall constitute written notice for it to proceed with performance of the Services designated under Phase I in Exhibit A. Written notice to proceed will be issued for those tasks under Phase II after July 1, 1989, contingent upon funding. (5) Compensation, (a) For Services described in Exhibit A, the Engineer's compensation shall be computed on the basis set forth in Exhibit B, which is attached hereto and incorporated herein by reference. (b) If so provided in Exhibit B, direct expenses 'incurred by the Engineer in providing the Services described in Exhibit A shall be reimbursed to the Engineer. • Subject to the foregoing, reimbursable direct expenses shall mean the actual expenses - •) incurred directly by the Engineer in connection with performance of the Services, including, but not limited to, reasonable expenses for transportation and subsistence • incident thereto; toll'-telephone --calls ..and telegrams; computer services;' and- reproduction of reports-and..other...documents._ _-..._ __. . - .. ._- (c) If the Engineer's:.compensation:hereunder: is- on an hourly,.Mather -than:.a lump•sum fee basis, the..parties have estimated. costs and expenses; for,'the various:. - portions of the scope of work described in Exhibit A, and'such approximate costs and - expenses are set forth in Exhibit B. Services undertaken by the Engineer or expenses incurred by the Engineer exceeding the estimates set forth in Exhibit B shall be the liability of the Client. _ ., (d) In addition to amounts payable-by-the_Client to the.Engineer:hereunder;..the-..:_:=--:r Client shall be invoiced for and shall pay to the Engineer in accordance with these .provisions all taxes, if any, whether state, local, or federal levied with respect to such amounts. (6) Compensation for Additional Services. If upon the request of the Client, the Engineer agrees to perform-.Additional Services.hereunder, the. Client shall pay- the ._ Engineer for the performance of such Additional Services an amount (in addition to all other amounts payable under this Agreement) equivalent to (i) the current hourly rates CD-111 (01/88) 4 • • , for effort incurred by the Engineer in providing such Additional Services, plus (ii) the reimbursable direct expenses, as defined in paragraph (5) (b), so incurred by the Engineer in providing such services multiplied by a factor of 1.15. (7) Payment for Services. (a) Invoices will be submitted by the Engineer. to the Client monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. When the Engineer's compensation is on a lump sum fee basis, the statements will be based upon the portion of total Services actually completed at the time of billing. if the Engineer's compensation is on an hourly basis, the statements shall be _based on time actually expended in providing the Services at the rates provided in Exhibit B. Payment of each such invoice will be due within twenty-five (25) days of the receipt thereof. A service charge will be added to delinquent accounts at the maximum rate allowed by law for each month of delinquency. If the Client fails to make any payment due the Engineer for services and expenses within sixty (60) days s. after the Engineer's transmittal of its invoice therefor, the Engineer may, after giving seven (7) days' written notice to the Client, suspend services under this Agreement until it has been paid in full all amounts due for services and expenses. (b) If the Client objects to any statement submitted by the Engineer,he shall so advise the Engineer in writing giving his reasons within fourteen(14) days of receipt - - of such bill. (c) The Client acknowledges and agrees that the payment for services rendered . and.expenses incurred by the Engineer pursuant to this Agreement is not subject,to- any contingency unless the same is expressly set forth in this Agreement. - • . • • . • (8) Reuse of Documents. AU documents, including drawings, specifications, and data or programs stored electronically, prepared or furnished by the Engineer (and the Engineer's independent professional associates and consultants) pursuant. . to this Agreement -are instruments.of service in .respect to the..Project:and 'the Engineer.shall.... .... - - retain an ownership and property interest therein whether or not the Project is completed. At its expense, the Client may make and retain copies for information and reference in connection with the use and occupancy of the Project by the Client and others; however, such documents are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by the Engineer for the specific purpose intended will beat the Client's sole risk and without liability or legal exposure to the CD-111 (01/88) 5 Engineer or to the Engineer's independent professional associates or consultants, and the Client shall indemnify and hold harmless the Engineer and the Engineer's independent professional associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle the Engineer to further compensation at rates to be agreed upon by the Client and the Engineer. (9) Opinions of Cost. Since the Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over methods of determining actual prices, or over competitive bidding or market conditions, any and all opinions as to costs rendered hereunder, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and qualifications and represent its best judgment as an experienced and qualified professional engineer, familiar with this field of engineering; but the Engineer cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost prepared by it. If at any time the Client wishes greater assurance as to the amount of any cost, he shall employ an independent cost estimator to make such determination. In%any event, for the aforementioned reasons and because of lack of control of design and other services, the Engineer shall not be held responsible for construction and other • costs eventually associated with the subject of these engineering services. • (10) Termination. The obligation_ to provide further services •under- this • • • Agreement may be terminated.by:either party upon.seven (7) days', written-notice-in the- :-_ "-- • ' . event of substantial failure by the other party-to-perform,in accordance with the terms ,.r hereof through,no fault of the terminating party. „In_the event_of any termination, the - Engineer will be paid for all services rendered to the date of termination, all expenses • subject to reimbursement hereunder, and other reasonable expenses incurred by the • - Engineer as a result of such termination. If the Engineer's compensation hereunder is determined on an hourly basis, the amount payable to the Engineer for services so - - . -- -• rendered shall be established .on. the -basis of. the--time :and-authorized-expenses actually: <:..' • incurred on the project to the date of its receipt of notice of termination. If the Engineer's compensation under this Agreement is a lump sum, upon such termination the amount payable to the Engineer for services rendered will be determined using a proportional amount of the total fee based on a ratio of the services done, as reasonably determined by the Engineer,- to the total services which were to have been performed, : --. •- less prior partial payments, if any, which have been made. (11) Liability. The Engineer is protected by Workers' Compensation Insurance CD-111 (01/88) 6 (and/or employer's liability insurance), professional liability insurance, and by public liability insurance for bodily injury and property damage and will furnish certificates of insurance upon request. The Engineer agrees to hold. the Client harmless from loss, damage, injury, or liability arising solely from the negligent ads or omissions of the Engineer, its employees, agents, subcontractors and their employees and agents but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If the Client specifically directs the Engineer to obtain increased insurance coverage, or if the nature of the Engineer's activities requires additional Workers' Compensation or similar insurance coverage, the Engineer will take out such additional insurance, if obtainable, at the Client's expense. (12) Standard of Performance, In performing its professional services hereunder, the Engineer will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession practicing in the locality of Client or similar locality. No other warranty express or implied, is made or intended by the Engineer's undertaking herein or its performance of services hereunder. (13) Expenses of Litieation. In the event litigation (which for the purposes of - this paragraph shall include arbitration or mediation) in any way related to the services • performed hereunder is initiated against the Engineer by the Client, and such litigation concludes with the entry of a filial judgment against the Client, the Client shall reimburse the Engineer for all of its reasonable attorneys' ,fees and other expenses • . - - related to said litigation; Such expenses.shall include, but shall not.be limited to,- the- - - .. cost, determined at the Engineer's normal hourly t billing•.rates,"of-the time-devoted to . . such litigation by the Engineer's employees. In the event litigation in any way related to the services performed hereunder 'is initiated-against the Client by Engineer, such • • • litigation concluded with the entry of a final judgement against the Engineer, .the - Engineer shall reimburse the Client for all of its reasonable attorneys' fees and other expenses related to said litigation. • • (14) Arbitration. All claims;':counterclaims,--disputes, and 'other matters •in :.__. question between the Client and the Engineer arising out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, at the election of the Engineer or Client. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American- Arbitration. . . Association no later than 18 months before that date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be CD-111 (01/88) 7 barred by the applicable statute of limitations. In addition, no arbitration proceedings • shall include by consolidation, joinder, or in any other manner, any party other than the Client and the Engineer, and arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to parties to and issues of the arbitration proceedings may be amended by specific written approval of the Client and the Engineer for each exception. (15) Hazardous Substances. It is understood and agreed that in seeking the professional services of the Engineer under this Agreement, the Client does not request the Engineer to undertake to perform any services, studies, or tests, or to make any determinations involving or related in any manner to hazardous substances, as defined by federal law. If any condition relating to a hazardous substance, specifically including but not limited to asbestos, is observed by the Engineer or is alleged during the course of the performance of the services hereunder, the Engineer shall have the right to cease all services hereunder until the hazardous substance condition has been eliminated. The Engineer shall notify the Client of such condition, and the Client shall be solely responsible for the elimination of the hazardous substance condition. If the services to be performed by the Engineer hereunder cannot be performed because of the existence of the hazardous substance condition, the existence of the condition shall be deemed to be a substantial failure on the part of the Client to perform in accordance with the terms .- - of this Agreement, through no. fault.of the- Engineer; for the. purposes of termination. .. - under paragraph (10). •- - (16) Assignment and Subcontracting. under this Agreement shall be . construed to give any rights -or. benefits in this Agreement-to' anyone•.other than''the- 7.-• • - I Client and the Engineer, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Client and the Engineer and not for the benefit of any other party. Neither the Client nor the Engineer shall . assign, sublet or -transfer .any' rights under or: interest 1.in_ (including; but- without ••limitation, moneys that may become due or moneys that are due) this Agreement without • the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge- the assignor from any duty or responsibility under . this Agreement. Nothing contained in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as the Engineer may CD-111 (01/88) 8 • deem appropriate to assist in the performance of services hereunder. (17) Confidentiality. The Client hereby consents to the use and dissemination by the Engineer of photographs of the Project and to the use by the Engineer of facts, data and information obtained by the Engineer in the performance of the services hereunder. Notwithstanding the foregoing, with respect to any facts, data or information specifically identified in writing by the Client, the Engineer shall use reasonable care to maintain the confidentiality of such identified material (18) Controlling Law. This Agreement is to be governed by the law of the State of North Carolina. (19) Binding Effect. This Agreement shall bind, and the benefits thereof shall insure to the respective parties hereto, their legal representatives, executors, administrators, successors and assigns. (20) Merger: Amendment. This Agreement constitutes the •entire Agreement between the Engineer and the Client, and negotiations, written, and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Engineer and the Client. (21) Severability and Waiver of Provisions.• Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision - - in any other jurisdiction. Also, the non-enforcement of.any provision by either party . shall not constitute a:waiver of that provision nor shall it:affect the enforceability of : _ • that provision or of the remainder of this Agreement. • CD-111 (01/88) 9 % • IN .WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CLIENT: ENGINEER: ORANGE COUNTY KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: Agyk- „ 'l�/1�,..-tee v ITS: ITS: Cuniz, F COO� MONZ. / -- - Al �onua OF CCt.17.:t.�iC:tO�iR� w}Q�"V���^r” ��+�� L ` ��SI t t s • ATTEST: . r . . • • • • • CD--III (01/88) 10 1 - 1 • r I EXHIBIT A SCOPE OF ENGINEER'S SERVICES (Al) The Engineer shall provide the services listed below in connection with the Project: Phase I of Study Task I - County-Specific Road Classification System The Engineer will provide direction and assistance to County staff in collecting and entering data on the County's primary and secondary road system, and then will classify the road segments based on such criteria as roadway geometry (width, horizontal and vertical alignment), existing and projected traffic volumes, existing and projected adjacent land use, setbacks, and special features. This task will be reviewed with County staff and will be coordinated with the County's Rural Character Study. The Engineer will coordinate the preparation and refinement of the County thoroughfare plan with State and local planners, and will strive to maintain consistency at boundaries with the Durham-Chapel Hill-Carrboro urban area, which is not included in this scope. No traffic modeling is included in this task. Task 2 - Collector/Subcollector Road System The Engineer will refine the County-specific road classification to define collector and subcollector streets. These will be designated to provide access and continuity of streets where appropriate throughout the County. • . . • Task 3 - Private Road Standards and Policy _ Private road standards and policy will be-reviewed and recommendatiorrS.made:-.•_• ;•.. :. = : Task 4 - Review Article 13 •_ • II The Engineer will review the County's proposed traffic impact study ordinance (Article 13) and make recommendations, as appropriate: Task 5 - Phase I Report The Engineer will prepare a report summarizing--the-result-of-Phase I Tasks,-:-1,:: :: : This report will be reviewed with the Transportation Advisory Subcommittee prior to preparation of up to 10 copies in final form. Phase II of Study Task 6 - Review Transportation Plan Elements • The Engineer will assemble reports on secondary roads, mass transit, bikeways, pedestrian facilities, airports, and rail facilities prepared by others (County staff and other consultants), review them for technical accuracy and consistency, and prepare a single comprehensive transportation plan document. CD-111 (01/88) 11 • Task 7 - Scenic Road Standards and Policy The Engineer will review potential scenic roads in the County and, with input from County staff and local residents, will propose criteria for designating scenic roads in the County. The designation of scenic roads will rely heavily upon public input. The Engineer also will develop policies and programs for protecting the scenic appearance of such designated roads and bridges, in coordination with the Rural Character Study. Task 8 - Report and Presentations The Engineer will assemble the various elements of the transportation plan into a single, consistent report document, including both a technical report and an executive summary. Five report copies and one camera-ready original will be provided. The Engineer will present the report to the Planning Board and Board of Commissioners. Task 9--• Develop Design Standards The Engineer will recommend design standards for various types of thoroughfares. These will include typical cross section, design speed, and typical right-of-way requirements. Task 10 - Develop Implementation Plan _ The Engineer will develop an implementation program for public/private,road standards, upgrading unpaved secondary roads, and_recommendations concerning . implementation of the transportation element of the comprehensive plan. . This scope of service ihcrudes up to six•(6) meetings with the Transportation'.' : ., - . -•_ -Advisory Subcommittee. Services to be provided by County staff are shown in Exhibit C. • (A2) The schedule for the services listed above is agreed to be as follows: The Engineer will endeavor to complete those services described•under Phase,I -..•- "• . within a period of five (5) months from receipt of authorization•to proceed with • Phase T, and those services described under Phase II within a period of four (4) months from receipt of authorization to proceed with Phase II; however, this schedule will not apply to those portions of the Plan performed by outside consultants other than the Engineer. CD-Ill (01/88) 12 Ili . • • EXHIBIT B COMPENSATION OF ENGINEER The Engineer's compensation for the services set forth in Exhibit A shall be: Phase I.• A lump sum of $35,500 Phase H: A lump sum of $40,0000 These fees for Phase I are valid provided notice to proceed is received no later than March 31, 1989. These fees for Phase II are valid provided notice to proceed is received no later than August 5, 1989. • CD-111 (01/88) 13 EXHIBIT C SERVICES TO BE PROVIDED BY COUNTY STAFF (Hours shown indicate approximate level of effort) Task 1 - County-Specific Road Classification System _ . (240 hours.) Includes inventory and data entry of primary and secondary road system in county, including description of geometry, land use, and major features, and providing maps to consultant. We will provide direction and supervision of inventory, including video equipment, if desired. Task 2 - CollectorlSubcollector Road System (16 hours.) Includes providing base data, meetings, reviews, and coordination. • Task 3 - Private Road Standards, (4 hours.) Includes discussion and coordination. Task 4 - Review Article 13 (8 hours.) Includes meetings and discussion of proposed ordinance and similar ordinances in North Carolina and elsewhere. Task 6 - Review Transportation Plan Elements _ ..•_-_ (96 hours.) Includes meetings-and coordination to provide report-documents and data.; . •. • for those tasks performed by County staff, NCDOT, and other consultants. Includes meetings, reviews, coordination with.other consultants and projects,.and•a itance.in. ;., c.... . preparing final report copy and figures. County staff are to complete initial drafts of non-auto transportation plans other than those performed by consultants. Task 7 - Scenic Road Standards _ (40 hours.) Includes discussion and staff input on'criteria for scenic roads;formation • of citizens group to advise on scenic roads, and review of proposed policies. CD-Ill (01/88) 14 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: FmHA Loan DEPARTMENT: Finance PUBLIC HEARING YES: NO: x ATTACHMENT(S) : INFORMATION CONTACT: Ellen G. Liston TELEPHONE NUMBER- Hilisborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the buy-back of the County's Efland Sewer loan from FmHA with current reserves. BACKGROUND: The staff presented their recommendation to buy back the County's FmHA loan at the Board's meeting of March 13. The staff's recommendation is that the loan be repurchased with current reserves rather than through a refinancing bond. FmHA will set the exact terms of the buy-back during the month of April. We expect the $200,000 loan to be discounted to approximately $120,000. The exact repurchase price will depend on market conditions during April, but is not expected to change significantly from the projected amount of $120,000. Approximately $53,200 will be available in the Efland Sewer construction account after all remaining project costs have been paid. The project was completed slightly under the available budget. The remaining funds (approximately $66,800) will come from the County Capital Reserve Account. The balance in this account, after subtracting the $66,800, will be $78,600. Funds contributed from the County Capital Reserve Fund will be paid back over the years through the collection of tap fees. Interest will be charged to the Enterprise Fund at the interest rate charged on delinquent ad valorem taxes. RECOMMENDATION(S) : Approve the buy back of the County's FmHA loan with current reserves. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 21, 1989 Action Agenda Item # H - I SUBJECT: RURAL CHARACTER STUDY COMMITTEE APPOINTMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes _x_No ATTACHMENT(S) : INFORMATION. CONTACT: Gene Bell TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: Consideration of three new members for the Rural Character Study Committee (RCSC) . BACKGROUND: On March 13, 1989, the Board of County Commissioners considered a list of eleven names submitted by the RCSC as possible members to fill four vacant slots on the RCSC. The Board identified George Chockley, Dwight Compton, Larry Reid, and Bob Strayhorn as preferred appointees. These individuals were contacted by phone on March 14 and asked if they would be willing to serve. Mr. Chockley declined. Mr. Compton, Mr. Reid, and Mr. Strayhorn indicated that they would be willing to serve. RECOMMENDATION: The Administration recommends the appointment of Mr. Compton, Mr. Reid, and Mr. Strayhorn to the RCSC. DK3:BOCC321.DOC ORANGE COUNTY BOARD OF COMMISSIONERS Action Age a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To maintain membership at effective levels on Commissioners' appointed boards and commissions. BACKGROUND: The following recommendation is presented for consideration of appointment: NURSING HOME COMMUNITY ADVISORY COMMITTEE: Michael J. McCann to fill an "At Large" position. Since Mr. McCann has already completed the one- year internship, he will be appointed to a full three-year term ending June 30, 1992. RECOMMENDATION(S) : As the Board decides. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. TA-I ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: PUBLIC HEARING ON THE ECONOMIC DEVELOPMENT STRATEGIC PLAN DEPARTMENT: ECONOMIC DEVELOPMENT PUBLIC HEARING YES: X NO: ATTACHMENT(S) : COPIES OF THE EDC INFORMATION CONTACT: SYLVIA PRICE STRATEGIC PLAN WERE CIRCULATED ON MARCH 8, 1989 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive public comments on the Economic Development Strategic Plan as presented to the Board of Commissioners on March 13, 1989. BACKGROUND: At the BOCC Meeting held March 13, 1989, the EDC presented the Economic Development Strategic Plan. The Board of Commissioners agreed to receive the report as presented, to schedule a public hearing on the report for March 21, 1989 and consider the EDC Strategic Plan for decision on March 21, 1989. RECOMMENDATION(S) : ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.1/0 A- I ACTION AGENDA ITEM ABSTRACT Meeting Date: March 21, 1989 SUBJECT: Recognition-'of Participants in Adolescent Parenting Program DEPARTMENT: Social Services PUBLIC HEARING Yes X No ATTACHMENT(S): INFORMATION CONTACT: Martha Pryor-Cook TELEPHONE NUMBER: Hillsborough - 732-8181, Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To recognize the Community Advisory Committee, Volunteers, and the staff of the Adolescent Parenting Program. BACKGROUND: An Orange County Department of Social Services program which uses trained volunteers working one-on-one with teenage mothers to help them stay in school, learn parenting skills and avoid a second pregnancy, received a national award from the American Public Welfare Association (APWA) on March 1, 1989 in Washington, D.C. The Adolescent Parenting Program is a 1989 winner in the APWA Successful Projects Initiative Awards Program, a national competition recognizing outstanding innovative efforts by public human service agencies in serving low-income Americans. Through the Adolescent Parenting Program, volunteers spend at least four hours a week with the teen mother and the teens participate in monthly peer group meetings. The program stresses family stability, appropriate health care and developing self-sufficiency skills. RECOMMENDATION: Acknowledge the hard work and dedication of all those involved in the accomplishments <; of this outstanding program.