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HomeMy WebLinkAboutAgenda - 04-03-1989 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING MONDAY, APRIL 3, 1989 7:30 P.M. OLD COURTHOUSE HILLSBOROUGH, 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. U. RESOLUTIONS OR PROCLAMATIONS 1 . Orange County Senior Games E. REPORTS F. ITS FOR DEC/BMW—CONSENT AGENDA (Any item may be removed for separate consideration) 1 . Contract Approval--Animal Control Building 2. Approval of Funding Request for Saturday School for Seniors 3. Tax Refunds Requests 4. Petition for Addition--Roads in Laurel Springs Subdivision G. ITEMS FOR DECISION--REGULAR AGENDA 1 . Outreach Pilot Funds, for Domiciliary Homes under Senate Bill 312 2. Water/Sewer Policy 3. Selection for Reservoir Site 4. Board Equalization and Review B. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. • - • 1 ORANGE COUNTY -. BOARD OF COMMISSIONERS Action Agenda Item No. 1)-4 ACTION AGENDA ITEM ABSTRACT Meeting Cate: April 5, 1989 SUBJECT: Orange County Senior Games . . DEPARTMENT: PUBLIC HEARING: Yes x No Recreationand Parks •111.0.1111■■•••••1•0■■■■■■■ 111Inn.11■0111••■ •••=1111•11.11111111■•■■••11,1111111*W■••■••■■■••••■■ ATTACH/43NT(S) : INFORMATION CONTACT: Mary Anne Black - Ext. 292 TELEPHONE NUMBER: Proclamation Hillsborough - 732-8181 Chapel Hill - 968-4501 • Mebane - 227-2031 Durham - 688-7331 ------------- PURPOSE: To proclaim April 17-29, 1989 as Orange County Senior Games Event Days in order to encourage support from local businesses and residents and participation from adults ages 55 and older. BACKGROUND: North Carolina Senior Games, Inc. began in 1983 as a health promotion and • education program for adults ages 55 and over. The program includes year-rotnd workshops and training clinics in a variety of sports. Emphasis is placed on wellness and fitness principles and a continual fitness program. Local district/county programs include similar dimensions and culminate in 2-6 days of competitive games during the Spring. Winners from local games are then eligible to represent their district/county in state competition in the Fall. National competition is held every other year. RECOMMENDATION(S) : Proclaim-April 17-29, 1989 as Orange County Senior Gaines Event Days. . . • • • I PROCLAMATION (7) Whereas, According to recent population figures, there are over 10,000 persons over 55 years of age in Orange County; and, Whereas, Orange County is concerned about the health, fitness, and general well-being of its older adult population; and, Whereas, Orange County Senior Games provides a special opportunity for older adults to grow positively in the areas of health, fitness, and social well-being; and, Whereas, Orange County would like to encourage local business and resident support and participation from county residents age 55 and older; NOW, THEREFORE BE IT PROCLAIMED, that the Orange County Board of Commissioners declares April 17-29, 1989 as Orange County Senior Games Event Days and encourages citizens age 55 and over to participate. 61/ /4/1.7 •ses Carey, Chair Dat9e • • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F.!) ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL. 3, 1989 SUBJECT: CONTRACT APPROVAL; ANIMAL CONTROL BUILDING DEPARTMENT: PURCHASING PUBLIC HEARING YES: NO:XX ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT. 498 CONTRACT Telephone Number- Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To consider approval of a contract with Holt Construction Company. BACKGROUND: By Board action on February 21 , 1989, a bid was awarded to Holt Construciton Company for renovation of a building located at the Revere Road Annex to be used as offices for the Animal Control Division of the Health Department. The execution of the attached contract for $65,840 will allow the project to commence with a projected completion date of August 15, 1989. The contract includes a $1 ,010 alternate which may be necessary if demolition of the concrete slab running through the center of the building involves more than anticipated. RECOMMENDATION: Approve contract to Holt Construction Company for renovation of the Animal Control offices in a sum of $65,840, with a separate contingency of $1 , 010; and authorize the Chair to sign on behalf of the Board. ` T N E A M E R I C A N t N 5 T I T U ; E O F A it C H i T E C T g .i ;il�' e_ C ° FY AM Document A107 . t nt • . or For CONSTRUCTION PROJECTS OF LIMITED SCOPE where • the Basis of Payment is a STIPULATED SUM 1 =• s THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH -' AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. This document modes abbreviated General Corkaboss and should nor be treed widt other general coadbions. . It hat been approved and endorsed by The Anocksted Genoa/Conumater of America. made as of the 34d day of April in the year of Nineteen Hundred and Eighty-nine OVWEEN the Owner: 04,ange County . (^a"'and Maws) P.O. Sox 8181 Hboaaugk, NC 27278 • and the Contractor: fiat Con4tJ uct on Company, Ire. (Nana and P. 0. V/Lawe./L 118 G/Lahanl, N. C. 27253 The Prole= is: 0/Lange County Animal Con toL 064.ice4•:` . . (Naas and Bran iay • The Architect Is Aa..L Dixon 6 A4docia e.4 r•-:` wawa dad afar:a 12 .the Cou tya/Ld; 431 W. Fnaniztin•St. .:. �.s i • • . Chapel H.ill, NC 27516 . . ,:t;;,. ' :k :."... -;'.art az:v-.n.ti' '�.,�r" i • The Owner and Contractor agree as set forth :'•.`:Y" �.rtr'*u -'•`"L. • • - '.1.; ......-.-_'.. Cop not 1936.1931.1995.1961, 1%3.1964.1974.l9>4,Q:Il9i1'0►' a MNi kai�olli olt'of '1735•1red York Avenue.N.O..r D.0 R0006.6ieprod/moo of fire Elio oea b1 M Of b`poo!iliipen;!rutwut .shone pesTaksiou�AlA violins the c prig i lama d zat tf ,•d: std MAll1iR` 113 Up!p•deCutioa•• AM Alai A t1ATRD iii111611*0••Al AP.■tOFf-.13 ' • m AMIbCAN outrun or doroo1lc s. *739 NR trot A N.M.: 0•C*Id' t I • `- ii;A:j?C44 .4:;c./Y:.,,: 717 1pr"'79i:.ed 2L . ARmLE. F THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others.or as follows: • • 2 • • DATE OF OZWIMENCEIMENT cotwisnoN 2.1 The date of commencement is the date from which the Contract Time of Parsgraph 2.2 is measured,and shall be the date of this Agreement.as first written above,unless a different date is stared below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. (bum ow clay of cornnsesia+nwu.9 ie awn pun rtr day of this Ai rvenos or y-Rpeimbia is thstt the data did Wisest in a dodo to pretext) Notice to Phoee.ed date aha t pnevai t. Z.Z The Contractor shall achieve Substantial Completion of the entire Work not later titan (Insert the cateatker date or number Weede+wiao•dols alto die dry o�/ merit,tiro lucre aey tee AVOW Srd�ehUI Completion of tenets ten dons of the Work y not stated eisee bery in the CotefssKt OappMrttt.) 120 canaecutrive eatendan days 6ottowcng date (16 commencement as stated on the Notice to Pnoeeed. sublect to adlustments of this Contract Time as provided in the Contract Documents. throe pra+sex y any.for Nasadeod des aals ndattalt ro fadrry t droplet*o S ties) The Cont/tacton and the C4nt4actan.'a Suxety ahate be iiabt.e ion and ahaft pay the Oumen tiquidated damages in the arum 06 $100 pea day bon each catendan day o6 delay tuvt t the work tie 4ub4ta tint y compeete. ARTIaE 3 • • CONTRACT SUM • 3.1 The Owner shall pay the Contractor in current funds for the Contractor's perfomunce of the Contract the Contract Sum of Sixty Give thousand eight hundred batty Dollars 4 D 65 8ts0 .00 ), to addfliois and dultutions•: :provided in the Contract AIA OOCUEINT 1oi.ABBREVIATEDORINU.CONTRACTOR AGREEMENT•NEITH EDmON•AIA• •01967 THE AMERICAN INSTITUTE OF ARCHITECTS. 1733 NEW YORK AVENUE.r&W.WASHINGTON.Q.C.20006 A1O7.193T 2 • 22 The Contract Sum is based upon the following alternates,if any,which axe described in the Contract Documents and are hereby accepted by the Owner: MOO the res mains or altar taIllaikackel Of accepted atursaaat<<deasioas caw(shy attsmanaaCrtoes ma*brebiO sari mar ro theicasaiaaa ay Agnyne w goads d tad)*aJ stab odor alarm=sbo rag blot aratoo V for each and am dais wed wbeb asst wawa a tuba.! Attennate #1 $ 1010-00 , contingent upon status o$ conenete stab in cente4 ai buudi.ng as stet out in apeci.s.i.cationa. Dect4 ion4 negaid,i.ng the neceaa.t ty otc the wo4Fi deaeni.bed .cn ALtennate. #1 witt, be made darting the demotiton polettion 06 the p'ojeet. Coats ,on aLtenna to #1 ant not Jcnc..ceded in the cont'Cac t awn des c/ribed in aectton 3.1. 3.3 !snit prices,if any,ate as follows: None. • • • PAYMIS 4.1 Based upon Applications for Payment submitted to the Wheat by the ton and Cestificaes for Payment issued by the Architect,the owner shall make propel payments on account of the Comma Sum to the Contactor as provided below and else- where in the Contract Documents.The period covered by tsar Application for Payn It OW be one calendar month ending on the last day of the month,or as follows: • . 4.2 Payments due and unpaid under the Contract shall bear inane from the date cayman is due at the rate stated below.or in the absence thereof.at the legal tame prevailing from dine to time at the place where the Proem is located. (Mast NO al IMMO W MIXa.(M7) • !Cary Iowans,nftleatrtptR moot,elf Ankara 7}ta•al 1latdNg.tet.srw+krsaaabwloaai aotatrtN►eralai essd odor no asiala at Or Owner's amyl Cadman*,s =pram �M lca of*a paragon I aal amid r comma.s abrEpta nddfardur a o as Ai*banana MR•AMIUn IATEh OWNEIbCONr*ACTOR AGREEMENT•term EaITtoa•w►• •®IW THE AMERICAN INSTITUTE Of ARCHITECTS. '735 NEm YORtt AVENUE. NW.WASHINGTON.D.C.20006 A1O7.1g47 3 • ARTICLE S FINAL PAYWNT 5.1 Final payment.Constituting the entice unpaid bahnce of the Contract Sum,shall be made by the Owner to the Contractor when the Work has been completed.the Contract fully performed.and a final Certificate for Payment haS been issued by the Architect. ARTICLE d ENSANDIATION OF CONTRACT DOCUMENTS Li The Contract Documents are listed in Article 7 and.excem for Modifications issued after execution of this Agreement, are enumerated as follows: 5.1.1 The Agreement is this executed Abbreviated Forst of Am on=Between Owner and Contractor.AlA Document A107, 1987 Edition. e.1.* The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated Decembea, 1988 'tend at at f011oars Daamens Tide Pages A701 In6.ttu.cti.on4 to &iddvt6 2 - 5 Supp. elnentany In6.tauction4 to &.ddeaa A101 Geneaae Condc. Lon4 6 - 11 Supp.Gemenvany Geneaae Cond iron 5.1.3. The Specifications are those contained in the Project Manual dated as in Subtxtegraph 6.1.2.and are as follows: (Eitbor tta w sprnitarawn biro or nor tot ssbabN od d to iett ) • Seed= Pages Genenae Requ,iaement6 1 - 3 2 Site Waak . 4 • 3 Conc'cete 5 4 Ma4onay 5 - 6 5 Me tae4 6 6 Wood 6 7 The►rmae g Mo.i.4*wce Paa.tet'*i.on 7 8 D00a6 and Windows 7 - 8 9 . F.ini.6hea 9 - 11 10 Specialties 11 - 12 11 Equipment 12 12 FMILLS hving4 12 13 Special Coat/actions 12 14 Conveying Systems . 12 Geneaae Notes, numbing, HAVC, Elect/Licae Geneaae Notes 1-4 1500 numbing 1500-1-4 1550 HVAC 1550-1-3 1600 Eeer,.tnicae 1600.01-1600.4 • AIADDIUNDIT Atisf•A6DAEVtAITDowtha.CONT ACTOR AGAfDUN T*NINTH EDITION•AIM •01917 THE AMEICAN INSTITUTE Or*IOUTSGTS. 1735 NEV YOAIt AVENUE.N.V.. wASSUNGTON.DC. Ma A107.1OS7 4 • • r 8.1.4 The Drawings areas follows.and are dated unless a different date is shown below (E 4 D3 tom ce Afar m cos e ataaari.dto N Tide Daae 1 Demo.Gczion P!an/S.itte P&an 12-88 2 Min and Etevationa 3 - 4 DetaAtb Vem 1 lltiLi.tLe4 DemoL.c ion Plan P - 1 P•.umbLng Pton HVAC - 1 HVAC PLan E 1 E!ect4.Lcat Ran • • 0.1.5 The Addenda.if any.are as follows: Numfaer Dees Peps None • • • • • Portions of Addenda tenting to biddio8 requiremenn are not pots of dte Comet Do aarnmas unless the bidding requirements are also enumerated in this Ankle 6. 8.1.8 Other documents.if my;fanning pent of the Car uzi Docwneon me as follows: ILW we dolOgk nd dtmaromis RIMS w uossetlll/bItoto pow o Ito anew Dam) Adventi6ement 104 Bids B.id Facet Peadonmanee Bond Labo4 g Ma AA.at' Payment Bond • • Powe4 o>S Attacney Ce.'L L .Lcate of Inawtanee bon Genenat •Liabi.lity, Automobile Liability, Exec Liabitiaty, Wo'ekeaea' Compenaatton and Empto yens' Liability Cove►eagea loam All?•A5$ UVIAT EDOWNtE.coKTRACTOftAGR88sseeT•NINTHstmt"•AIe • 19117 THE AMESICAN INSTITUTE Of ARCHfrECTS. 1731 NEW YOWL AVEM .N,rl:.wASHINGTON.o.c.20006 A107-1 5 • GENERAL CONDITIONS Ann=7 • AR7iC1.Er 9 CONTRACT ocanstas CONTRACTOR • 7.1 The Contract Documents consist of this Agreement with 9.1 The Contractor shall supervise and direct the Work,using Conditions of the Contract(Gene&Supplementary and other the Conuactor's ben skill and attention. The Conuaaor shall Conditions),Drawings,Specifications.attde<da issued prior to be solely responsible for and have control over construction the execution of this Agtttemettt,other documents listed in this mesas, methods, techniques, sequatces and procedures and Agreement and Modificadons issued after execution of this for coordinating all portions of the Work under the Contract. Amt.The intent of the Contract Documents is to include unless Contract Documents give other specific insttuctonts all items necessary for the proper coxestion and completion of concenikig the Work Cat The Contract Documents are tbcse mama. unary,and what is required by one shag be as bind. flz Unless otherwise provided in the Conamct Docuahatts,the ins as if required by alh performance by the Contactor shall be Dmtramce shall l and pay(or labor, mom, equiP- requited only to the ester consists nr with the Contract Doak nip mho cowaucdaa III and InschinerY, water, mints and reasonably inferable from them as being necessary ham4 adios,nansfinnetion. and other Wilkes and services to produce the untended results. for the paper execution and oontpleterct of the Work,whether=poetry or petmaaaa and whether or not 7.2 The Contract Documents shall not be construed to create a ink or to be ineolPorased in the Wodt. • COnnacinai relationship of any kind(1)between the Architect LS The Cmaacusr shall attars stria discipline and good and Contractor,(2)between the Owner said a Setbooatrac or a order among the Connector's employees and other persons Sub subcoauacwr or(3)betweas any paeans or entities other carrying out the Contract. The Contractor shall not permit than the Owner ant!Contractor. or paeans not skll>ed in tasks assigned to them. ' 7.3 Execution of the Contract by the Contractor is a ce preaen- cation that the Contractor has visited the site and become lamb gA The comma wamtma to the owner and Architect that far with die local conditions under which the Work is to be mamma and equipment famished under the Contract will be pafomted. of Bead quaky and new abets otherwise required or permit. • red by die Contract Documents, that the Work wd be free 7.4 The term "Work" means the eon suuctom and services from ddema not Inherent In the quality requited or mammal. requited by the Contract Documents, whether or and den rise Wait win eanikam with the of the pettedly completed, and incttdes an other labor, Conant t Doc end.Wow not conforming to these requite. •equipment and services provided or to be provided by the mem, inchsdkIg substkutions not progeny approved and Conaaetor to fulM the Contractor's moons. The Weds annoriona, may be eommered defective. The Contractor's may constitute the whole or a pan of the Protect. wormy=dudes remedy for damage or defect rasped by abuse,modifc'adoes not executed by the Connector.improper aunder normal i Oyer 01212250012120121225001, or noted If the Contractor strap nttthiehi by the , mimeo® and quality of and evkiemae as to the kind CraliM all Unless°sheathe podded in the Carona Documents,the Contractor shall pay axes, consumer. use, and other slrrlhr Li The Owner shall banish surveys and a legal de pion of taxes which ante MOT=send when bids ate raadved or net,. the site. daions eotojpiei tort y i awl set pay needy Except for permits and fees which are the respoosiblity of and odser Permits aid Snivnollened tees, • the Contractor under the Conuaa Doctnama,the Owner shall titans° and for proper atrcuz nn and secure and pay for necessity apuovab,easements,amessmencs cnnIPIndian of rite Wadi. and ehnrgto requited for the eon Inchon,use or occupancy of $.i The Contemn shun comply with and give nodose pa�q strttcaued Primaex:ttcha in it by laws, onlinances, tries, glom, and lawful If the Conmstctor fans to circa node which is not in o�wade. of public amdrocmer on of the . accardathdt with die of the Contra Documents owner Caoaae s tm ptamtpty nhotltr►tie erved by are or moisten*,fits to catty out the Work in accordance with Owner if me Dewey and Spedikattini ate observed by the the Coruna Doormats,die Owner,by a written order.may comma to be a<va�etc�e dtmt�h. order the Caxttaetot to stop die Work,or any pardon thereof, 9.7 The Comttaaor she be raponsttle to the Owner for the until the cause for such order has been dimloned:however, acts and atsdnions of the Conmaatxor's employees,Stdhaotturac- the right of the Owner to trop the Wade shag not give rise to a tons antiel their mem and employees, and other moons pa- , duty on the pmt of the Owner to exorcise this right for the forming pastors of the Work under a comma with the benefit of the Contractor or any other person n or entity. Contactor. AtAOtaetitalbTAier•Aalliet tAT'ED AGe army teeth Indigo•w'•01917 rots AMUICAtr tttrrrunt or AttanreCTS, *73S tern vomit Aveseue.N.W.w*35W Gtest,D.C.mots A197.1997 d • • 9.9 The Contactor shall review, approve and submit to the ARTICLE 10 Architect Shop Drawing, Product Data, Samples and similar A 7 CONTRACT submittals required by the Contract Documents with re2ann- able promptness. The Work shall be in accordance with 10.1 will provide administration of the Contract approved submittals. when professional equipment is of tequl and will be the Owner's representative(t)during construction, formance criteria of materiels,systems or equip by the Contract Documents, the Architect shall be entitled to (2)until final payment is due and(3)with the Owner's concur- rely upon the accuracy and completeness of such certifications. rence,from time to time during the correction period described in Paragraph 18.1 9.9 The Contractor shall keep the premises and surrounding 10.2 visit the site at intervals appropriate to cau ,caused operations ens under of waste materials L comp of rubbish of t .the star of construction to become generally familiar with the • Work by Contractor under the Contract. efro t.ntcomule completion Project p acrd of the completed Work and to determine Work ma C materials, ruby she!!remove from and about the act o n in if the Watt is being performed in a manner indirac waste matelots.machinery the Canrrmat r i tools, construction ing that the Worst,when completed,will be in accordance with -,machuner)+and the Corstraa Documents. However, the Architect will not be 9.10 The Contractor shall provide the Owner and Architect required to make exhaustive or continuous on-site inspections' access to the Work in preparation and progress wherever to check quality or quantity of the Work.On the basis of ore located site obarvations as an architect. the Architect will keep the Owner informed of program of the Work and will endeavor to 9.11 The Contractor shill pay all royalties and license fees; guard the Owner against defects and deficiencies in the Work. shall defend suits or claims for infringement of parent rights and 10.3 The Architect will not have control over or charge of and but hold the Owner harmless lefo such toss on account when'thereof. will not be responsible for construction miens,methods,tech- particular but shall not debe sign,responsible procor for duc t of defense or kris when a piques. or Pte,or for satiety precautions and wretcoru manufacturers process or product het rc:un its p condom with the Work,since these are sokdy tuner or manufactures is required by the Contract Documents sine Contaacax's responsibility as provided in Paragraphs 9.1 unlace the Contractor has reason to believe that there is an and 16.1.The Architect will not be responsible for the Coturac- infritngarrant of patent torts failure to carry out the Work in accordance with the Con- 9.12 To the fullest extent permitted by law, the Coiurachor tact Doewmente. - shall indemnify and hold harmless the Owner,Architect,Mehl- 10.4 Based on the Architect's observations and evaluations of tect'a consultants,and agents and employees of any of than the Coot's APPS for payment, the Architect will from and against claims,dui,losses and expenses,uhchrd- review and twiny the amounts due the Contractor and will ing but not limited to attorneys'fees,arising out of or resulting issue Certificates for Payment in such amounts. from performance of the Work,provided that such claim,dam 10.6 The Architect wiB Interpret and decide matters concern- disease • o d expense h,or to i sa id to u bodily n injury,ale prop- under and requirements of the Contract Docu- or death,or ro injury to or destuaiorh of prop- �g performance • erty(other than the Work itself)Winding loss of use resulting mends on written femme of either the Owner or Contractor. • therefrom,but only to the extent caused in whole or in port by The Architect will snake iniml dedsions on all claims,disputes negligent acts or omissions of the Contractor,a Sube011t actor, • or other manes in mention between the Owner and Contao- anyone directly or indirectly employed by them or anyone for tor,but will not be liable for results of any interpretations or whose acts they may be Bank, regardless of whether or not decisions murdered in good faith.The Architect's decisions in such chain,damage,toss or=poise is caused in part by a party matters relating to aesthetic effect will be final if consistent with indemnified hereunder.Such obligation shag not be construed the intent expressed in the Contract Documents.All other deci- to negate, abcidgt:, or reduce other rights or obligations of sions of the Archdtect,except those which have been waived idemnity which would otherwise ads as to a party or person by making or acceptance of final payment.shall be subject to described in this Paragraph 9.12. • arbkradon upon the written depnand of either party. • 9.13.1 in claims against any peach a entity indemnified 10,3 The Arhhitact will have authority to reject Work which under this Paragraph 9.12 by an employee of the Contractor,a does not conform to the Contract Documents. subcontractor.anyone directly or indirect'emPlaYed by duo 10.7 The Architect will review and approve or take other or anyone far whose cal they may b4 drab*,the indenlnificiE appropriate action upon the Contractor's submittals such as Lion obligation under this Paragraph 912 shad not be limited by shop Dom, Product Data and Samples.but only for the a limitation on amount or type of datitalless.absaPensuion or limited purpose of dn.=ek tg for conformance with information benefits payable by or for die Conaactoe or a Subcontactor given and the design concept eapresred in the Contract under workers' or worlmsan's cthaape> on ado, disability Doanm, benefit acts or other employee benefit acts. 10.3 AB chins or disputes between the Contactor and the 9.12.2 The obligations of the Connector wader this Paragraph Owner arising out or relating to the Contact. or the brach 9.12 shalt not extend to the liability of the Architect,the Archi- thereof,shall be decided by arbitration in accordance with the . tect's consultants,and agerus and employees of any of them Communion industry Arbitration Arbiumion Hubs of the American Arbi- 1 arising out of(1)the preparation or approval of maps,drawings, nation ion Associaden currently in effect unless the parties unite' opinions, reports. surveys, Change Orders, Construction ally awee otherwise and subject to an initial presentation of the Change Directives,designs or specifications,or(2)the giving of ' claim or dispute to the Architect as required under Paragraph or the failure to give directions or instructions by the Architect, 10.5.Notice of the demand for arbitration shall be filed in writ- the Architect's conuultmta,and agent and employees of any of ing with the odes parry to this Agreement and with the Anseri- tham provided such giving or failure to give is the primary can Arbitration Association and shall be made within a=son- cause of the Utility or damage. able time after the dispute has arisen.The award tendered by ArA►DOCUEVIIITAIII7•ABBREVIATED O KAMM•NINTHtiD[rfoN•A1A• •01987 7 A107-1997 THE ARMCO CAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N .'WASHINGTON, D.C. 20006 altiosommusimgmla • o- - the arbrtta or or arbitrators shall be anal,and judgment may be 12.3 Costa caused ent r d upon it in azotdanoe with law hi an court defective by delays, tpry by the timed aesp nsi le or any sha8 be borne due having jut�imon thereof. Except by written consent of the rhecefarr. by t�Y person or entity sought to be joined,no atbiaation arising out of or relating to the Contract Docwnen than include.by con. 1- solidzion.joinder or in any other mama,any perm or entitY M1 TSB WORK not a party to the Ageaemecit under which such atbitranon arbts,unless it is shown at the dyne the demand for arbitration 13.1 The Owner without is filed that(1)such person or entity is substantially Involved in changes in the Wor '�order a son or entity ia common question of fact or law.(2)the g eesence of such per- orates,the Cachou Sum and additions,de belall adiusted the a' (3 interest complete relief is to be accorded hi accords iy.Such er is the shalt be or entity in the mater is not (4)� Owner,ne person Architect,or by smitten comma:don or entity is not the Ardiieeet or air of the Audteebt's by the Owner and Aadttct. _Contractor ne signed employee or consultants. The other smitten ameemeat to parties arbitrate rg totiereirny Stem sad Catonact Ttebe shall be changed rult applicable law in forceable Order. y'�having Jurisdiction thereof. 13.3 The cast or credit to die Owner from a change in the ARTS=11 Wont shall be denxmined by mutual agreement. . =CONTRACTS Ann=14 TRW 11.1 A Subcontotaor is a pets=or entity who has a direct contract with the Contractor to prim a potion of the Want 14.1 Time at the sits. Mat=snit Coot in the fs+++ig are of the 11.2 Unless otherwise stated hi tie Contract Documents or the that the�Contract the rtbd b dn>eia„ die C oaaac�nor.as soon m practicable the Vieth' Pew after award of the Contact, stunt nigh in writing to die 14.2 The loot of Subnaidd Owner r each die Architect the of the Subconteactois by the&often in accordance with . ► a n the 1 .3. eerdiled s the not t� portions the Work.The Connector i 5.3. • sh Art:hieeet has made g Pa whom the Owner _143 if U tie Contractor is ddsyed a any dme in Progress of the or As hire shat)note requited to eon The by erdeled in the Wort,by tabor ,fire, whom the Contractor has math notes a°ratia COO*ei or .tracts between die Contractor and Suboonrratatws shall (I) any ca>mn=Yeah the CoamCmrS eantt or or require each Subcontractor, to the emit of the Work to be Mott tine Aridness any luster delay. then the performed by the Subcontractor,to be bound to the Conant. ConteSCt t nn a shit he eardide d by tame Older far such tar for by the teem of the Connect Dopes,and to mute tfmt;as the Acids=may determine. toward the Contractor all die obligee=end tesponsibeties which die Contractor, by the Comae theannents, meats Arnim ts toward the Owner and Architect,aid(2)allow to the Subcon- tractor the helmet of aid rya noted to PAYNNTS A TIC�tte ho by • this lemma. 41dad be nude as art vided inAnick s4 sad S of OR 18.2 Etyma=try be withheld on account of(i)de(eatve BY 1338ARATR CONTRAMORS Work not aemetiled,(Z)del=god by third Patties,(3)fallme of the Comma=to mat payments to p boson or egi*nent,(4)reasonable evi- 12.7 The Owner reserves die Boas a for bbror, niaoerds or to� ` operations rated m the Poona with the Owner';own totem. die that the Want cannot be completed(Cr die'inroad bal. and to award separate camas ki oanneaton with other pa. abbe W tie Cosmrit>t&=i,(5)darmjpe to the Owner atiotir • dam of the Project or usher morn 1 ietioa or operom s ammo OX evidence that me Wort we not be site under conditions Cl the contract i endo t or substantial within die Ceahsiarx Time and that the tinned bei- and waiver of those postom reheat to insurance awe worth nor be aderpane to"'vet meal or bqui:bled doer or zoomed cast ia�nrdired bees=of suds action byyme out the Wort Yt wtli Connect ► Owner,me Contractor shag matte such date as provided else- 16.3 When die gabbed eat an that d1C Work is subsandally where in die Contract Do malt, complete, die Ambient we inane a Canaan of Substmeal 12.2 The Contactor abet afoul the Owner aid separate con CthaPiedthL• ase of then mama&and appal*opportunity(Cr the inuoduakin and iota` 15.44 ninon payer shall not became that until the Cons acez and penhailance of their has ddhaed to die Owners complete tense actinide% and stud comma and comets= the Cons actor's out of this Commct or ��Ilan=Zing tract Documents. * theirs as requited by the Con rob acid equipment stir which hen could be(lied,or labor,boric to the Owner et►tbdetdmWy the Own` such ma mi attcert CV, 0° vote N.�a ac® i X907.16ti7 6 lien. if such lien remains unsatisfied after payments are made, itself. to property which may arise out of or result froth the Y t a' the Contractor shall refund to the Owner all money that the Contractor's operations under the Contract, whether such Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a any or any. including all costs and reasonable attorneys' fees• one directly or indirectly employed by Y ante shall be written for not less than limbs of liability specified 11.5 The making of final payment shall constitute a waiver of in the contract Documents or reviled by taw, whichever claims by the Owner except those arising from: coverage is ream,and shall include contractual liability insur- .1 liens,claims,security interests or encumbrances ads- ante applicable to the Contractor's obligations under Paragraph . ; ing out of the Contract and unsetdedt 9.12. Cctfir.ates of such insurance shall be filed with the .2 failure of the'Work to comply with the requirements Owner prior to the commencement of the Work. . of the Contract Documents;or 17.2 The Owner shall be responsible for purchasing and main- •3 terms Of special warranties required by the cahtrsa raining the Owner's usual liability insurance. Optionally, the Documents. Owner may purchase and maintain other insurance for self• Aocepoloce of final payment by the Contractor,a Subco ntrac- protecdon against claims which may arise from operations shall constitute a waiver of claims by under the Contract'The Contractor shall not be responsible for tor payee a xc pt rhos made in and identi. Pig and maintaining this optional Owner's liability fled y except those previously unless 'may requited by the Contract fled by that payee as unsettled at the time of final Application �. for Payment. 17.3 Unless otherwise provided, the Owner shall purchase and maintain,in a company or companies lawfully authorized ARTICLE 18 to do business in the jurisdiction in which the Protect is PROTECTION Of PERSONS AND PROPERTY located,popery insurance upon the entire Work at the site to the full insurable value thereof.This insurance shall be on an al1- 10.1 The Contractor shall be responsible for initiating,main- conta co , Subcontractors tractothe the raining,and supervising all xtfetY Plecautim and PingrAns in Work and shaft insure mains rte pert of.fire and extended onmectton with the perfl rmance of the Contract.The Con- tractor phi oc elatthage including,without dupe' shaft take reasonable precautions for safety of,and shall t of CO mer,teal,vandalism and malicious mischief. reasonable protection to prevent damage,Injury or lbss to; -provide 17.4 A loos Waned tm<kr Owner's property insurance Owner as .1 employees on the Work and other persons who may adjusted with die Owner and mark payable to the be affected thereby; fiduciary for die lagoon,as their maeran may appear,subject . .2 the Work and Mated*and equipment to be hneor` to the tegluhenamni of any aPPlimiele mortPlge chine. permed therein;and 17.1 The Owner shall We a copy of each policy with the Con. .3 other peopaty at the site or aliment moo. tractor before an exposure to loss may occur.Each policy shall radm a Plcsvi on that the policy wit n ca ot be ncelled or The Cont sum re mottoes and Wird;hate of Publie allowed to expiee until at lent 30 days'prior written notice has authorities bearing on safety of persons and property and their been Illvet to die t oruactOr. protection from damage. injury or toss. The Connector. shaft 17.8 The Owner and Contractor waive all rights against each promptly � loss to damage and lo to prape ty at the site other and the Architect,Atehict's unsubtle,separate con- caused in whole or in pan by the Connector,a Suboenttactor,a tractors described In 2�� subcon- Sub-subcontractor,,or anyone directly or Y eyed treats, by any of them,or by anyone for whose acts they may be liable ages caused by Are or odor perch to the extant coveted by and for which the Contractor is teePonsible under ply insurance obtained punt=to this Article 17 or any repels 16.1.2 and 16.13,accept for damage or loss aorfoutable other property to the Work,except such to acts or omissions of the Owner or Ardtitect or by anyone for , rights as they may have to the mom*of such insurance held whose acts either of them may be liable,and not ettrealatable to by the Owner as fiduciary.The Contctor stead require similar . the fault or neg h.enee of the Conrad (.The fOreW3MS Obi" waves in favor of the Owner and die Contractor by Subcon; tons of the Contactor are its addition to the CoatmctOr's ob11 ;oats and gun.aunconnamma,The Owner shall requite semi. gallons under Pamper*9,12. tar waives is hoar of the Owner and Comm=bye o0 10.2 The Carnnacax shoe not be required to txstrxm without At a 12,if an tactors . to asbestos a polychlorinated Article t2.if and',and the subcontracted,� consent any Worst retB agents and employees of any of diem. bhpihemyl( . ARTICLE 1T 19 . C9 OP WOW . ham and mahhtain In a 18.1 The Contactor shall prr y coma Work rejected by tom The or companies shall fu y authorized to do business In the Ar hltettt or t coolie=to the Sub- 1 the the jurisdiction lawfully or after oc benne Y wbtetih>dr obRerved in which the Project is located{nstanCe for s or not fabricated,its or protection from chins undo'ee Ins oats whichworkmen's and l corn= any Work found to be not in able, acts'arid other damage b because beoflb bodily which are ludin �with its of the Contract Documents able. cakes for damages beteouse of botWy bnptty. including from die date of Sui>ststhdal Corn- .deadh.and from claims for damages,other than to die Wont within a period of one year asiallOCUMWAIrffe Alla*SY►ATIDOWNS*cONTRACTO*A fir•NINTH EDIT .Am, •0 two THE AMMAN DaSMUTI TOP AROSTPECTS. t'13!NEW YOU AVENUE,N.-,wASHDIGTON,D.C. 20006 ji A10711i7 . • f ® - ' pietion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty requited by the Contract Documents. The provisions of • this Article 18 apply to Work done by Subcontractors a Wen as , TEPSISIATION OF to Work done by direct employees of the Contractor. 10.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations • which the Contractor might have under the Contract Docu- 20,1 If the Architect fails to recommend payment for a period menu. Establishment of the time period of one year as of 30 days through no fault of the Contractor,or if the Owner described in Paragraph 18.1 relates only to the specific oblige- fails to make payment thereon for a period of 30 dais.the Con- don of the Contractor to correct the Work,and has no relation- tractor may.upon seven additional days' written notice to the ship to the time within which the obligation to comply with the Owner and the Architect, terminate the Contract and recover • Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed and for proven time within which proceedings may be commenced to mob- loss with respect to materials,equipment.tools.and construe. fish the Contractor's liability with respect to the Contractor's tion equipment and machinery,including reasonable overhead, obligations other than specifically to correct the Work. profit and damages applicable to the Protect. ARTICLE 19 AESCELLANECUS PROVISIONS 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu. 18.1 The Contract shat!be governed by the law of the clients or fails to perform a provision of the Contract, the where the Cooject is located place Owner,after seven days'written notice to the Contractor and without pie to any other remedy the Owner may have, 19.3 As between the Owner and the Contractor, any appli- _ma? atalte g such nc es and may deduct the cost cable statute of limitations shall commence to nth and any thereof. includ co ing mpensation for the Architect's services alleged cause of action shall be deemed to have accnud: and expenses made necessary thereby,from the payment then • .1 not later than the date of Substantial Completion for or thereafbe�t due the Contactor.Alternatively,at the Owner's acts or failures to act occurring prior to the relevant •acrd n by the Architect that sufficient date of Substantial Completion. a mans to justify such action,the Owner may terminate the .Z nee lacer than the elate of issuance of the final Cexti6. Contract and take pout of the site and of all materials, rate for Payment for acts or failures to act neennfng• th equipment,mow and owned by the Connractor�i and machinery subsequent to the relevant date of Substantial Corn- whatever method the Owner y finish the expedient. If it the • plenon and prior to issuance of the final Certificate for unpaid balance of the Contract Sum exceeds of Payment.and the Work, compensation for the Architect's services .3 not later than the date of the relevant act or failure to and expenses made y thereby, such excess shall be act by the Contractor for acts or failures to act occur- paid to the Contractor, but if such costa emceed such unpaid ring after the date of the final Certificate for Payer, balance.the Contractor shall pay the difference to the Owner. • • • • • • • oacteamtmer•A6®m8V1ATED owdetacoorrucron AGR6EMQP1',tams mimeo AIM) •019137 THE AMMAN INSTITUTE OF mamas. 1735 NEW YORK AVENU f,N.W WAS WASHINGION.MC moa6 *107.1 10 -t ARTKLE 21 i • OTHER CONDITIONS OR PROVISIONS . • ip . #4 ;..a% It.401 • • • • • • • • • This Agreallan eructed into as of the day and year Ern written above. OWNER CO *, • •R 141 4 .4.4- 4/4/1 aiglianal0 / Masa Cane , 14ffil C JP • -*• eu (Primed same ma WO (Peasted War wed WO AIR KIRIGIVERT Wife AESREYIATED OWNISCONTRACTOR AGRIEENSIT•WITH EOMON•AIA• •K 19E7 11 A107.1117 THE memo INSTITUTE OF Ascsrracrs. 170 NEV YORK AVENGE.NW..WASHINGTON.O.C. 2o0o6 } "/ /C'' /7_ 3-V7 F'/ - C ° IDY • AIA Document 4107 Abbreviated anent Between Owner : n = tor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. l'hn document includes abbreviated Gent Conditiom and should tax be tested with outer general conditions. It has been approved uld endorsed by The General C0+sar ctors of Amenc~a. • AGREEMENT made as of the and day of Apn t in the year of Nineteen Hundred and ir.i gh ty-n Lne. the Owner: Onangc County (Nana and address) P.O. Box 8181 tIJ 2abonaugh, NC 27278 and the Contractor: Katt Con6t'.uction Company, Inc. NNW and a6dnia') P. 0. D..awvt 1 l 8 Gotham.Gham, N. C .778 27253 The Ponied is: 0'Lange County Ani.mat Contnot 0664:ee4 (Maw and lawmen) • The Architect b: Dal Dixon 8 A66oci.ate.6 and addivnt) 12 the Caws tyand; 431 W. Fnankt.i.n St. Chape.L KW, NC 27516 . The Owner and Contractor agree as set forth below. Copyttiltt 1936. 1931, 1956, 1961. 1963. 1966. 1914.1916.01967 by The Amason lino toe or Ate.1135 New York Avenue..N.V.Saab tan.D.C.20006. of tiro mtmrrul Wee or milissusi quotas=of is prom=without *mum permission or the A1&violates the coOfthiNt law!01 pie UMW Same apt tr1H be leblea aD kliN peoaenxaon. MA etol•nMtrmu►rm AGIUMINt•norm R rnot+•AA••Moth A1Q7.1�9i7 1 THS AMMO Qt3T17UTI Of ARCt1TRCTS. t7!!I V YORK AVINLR.dl-'tfllrrllNGTON.Qt.ZOIAi . ARTICLE 1 /M • ' • - T ME WORK OF THIS CONTRACT t.i The Contractor shall execute the entire Work described in the Contract Documents.except to the extent specifically indicated in the Contract Documents to be the responsibility of others.or as follows: • • • ARTICLE 2 • DATE OF CONDLENCENENT AND SIAISTANriAL 002NILETION 2.1 The date of commencement is the date front which the Contract Time of Paragraph 2.2 is measured,and shall be the date of this Agreement.as first written above,unless a differ=date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. (Ger •or date M cent.911 Wpm from m•date a/ibis"8..—..-"d or.e applicable.stair ibis We dam wet tined is a*mot to pound/ Notice to Pn.oceed date sha& paevait. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than insets the calendar date or number of cdsniw&w after the gate ol cow U,enrarrer+a•Also arson any rwptovnents for tartar Substanttat Comptesrort of certain pot. twos of the WWorrt of not stand Nuninry to the Carnes Oawawene:.) 120 con.becutive ca endwc days £ottotang date o4 commencement as stated on the. Notice to Proceed. .subject to adjustments of this Contract Time as provided in the Contract Documents. eat. - (irssert prortssons tf airy.for Ugridtorai Mo•eetts Mauna to ladtav to oavp Ita on ono.) The Contnactot and the Cantnacton's Surety shaft be tiabte £on and than pay the Owner tiquidated damages in the sum of $100 pet day lot each agendan day o f decay acacit the wank A ,ubstanvia.eby eomptete. ARTICLE 3, • • CONTRACT SUN • 3.1 The Owner shall pay the Contractor in current funds for the Contr actor's performance of the Contract the Contract Sum o i Sixty ive thousand eight hund'ted ion.ty deductions in the Contract and t s 65 840.00 )� subject to additions provided AlA OOCutil@rT A/m7•ADBR£v1A!D OWNR-CONTRACTOR AGREEMENT•Nam EDITION•AIA* •01987 Al�•1l1�7 THE AMERICAN INSTITUTE OP ARCHITECTS, 173S NEW YORK AVENUE.N.W.WASHINGTON,D.C.2000b • • 3.2 The Contract Sum is based upon the following alternates,if any,++hidt are described in the Contract Documents and are hereby accepted by the Owner: maw eee ammo or mbar ede ficgoson of=Ivrea adottaatat.11 daemons o camp alum=ate roa reyre.owwr salsoquav m tea e oftou ta: acad.a sobaloto of stab maw alarnaaes among rho y vomat for oath acrd Om data oval mom dart macaw ar tented) Alternate #1 $ 1010.00 , contingent upon atatua concrete stab in celltea of bui.2tii.ng as set out in apec.i_lf..cataana. Decisions tcegcutdi.ng the neceaa.cty o 6 the wonh des e'i2bed in At tennate #1 mitt be made dating the demotiton poktion olf the pnoJeet. Coats 604 atten.nate #1 ace not .netuded in the con tact sum de.&e'tibed in aeetion 3. 1. 3.3 Unit prices.if any.are as follows: None. • • 4 PRIXIMS PA 4.1 Based upon Applications for Payment submitted to the Atdiitea by the Contractor and CertiBcates for Payment issued by the Architect.the Owner shall make progress payments on account of the Con act Sum to the Contractor as provided below and else- where in the Contract Documents.The period coveted by cacti Appiicuiorr for Payment shall be one calendar month ending on the last day of the month.or as Follows: - 4.2 Payments due and unpaid unda'the Contract shall bear interest from the date payment is due at the rue stated below,or in the absence thereof.at the legal rase prevailing from tone to tune at the place where the Protect is looted. Morn nowt of motet woad upon y ay.) I - Wag,1®easoast rtouttotatats man Oa hand TrataaLiningAd.•snnn(w award local awawar attar was eedomnn6aelaoonaat sir(Acnar's and Canrasarrs prncrpr pews aJe.a►ea,W Women elmr Prow ago Keenew►silty apr tat massy al rer Ammon LO►aissdoddEetbeaeeed crab npnu u aeeaaa •numyaruoana.aced also'. ii tallatioasaa nab at smarm aoaloaaat o►memo Ass EICICURISIT RIOT•AnettEvtesi o OWN>;tt.eotrtRueroa AGREEMENT•telrm4 wmor •Jw►• •01987 A107.18�! 3 THE AMERICAN INSTITUTE OP ARCHrrECrs, 1735 NEW YORK AYENCE.r'w.WASH[NGTON.D.C.50006 t • ARTICLE S FINAL PAYMENT 5.1 Final payment.conacittrtuns the entire unpaid balance of the Contract Stun,shall he made by the Owner to the Contractor when the Work has been completed, the Contract folly performed.and a final Certificate for Payment has been issued by the Architect. ARTICLE 6 • ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Ankle 7 and, except for Muddlations issued after execution of this Agreement. are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agtzamtt Between Owner and Contractor,ALA Document A107. 198' Edition. 6.1.2 The Supplementary and other Conditions of the Context ate those contained in the Proiect manual dated Decembers. 1988 and are as ft►UOws: Doetts:a a Tide Pates A701 Inatacuctiona to B.iddeka 2 - 5 Supptementarcy Inatnueti.ona to B.i.ddena A107 Genets! Condi.,ti.ona 6 - 11 SuppEementaay Geneaat Conditions • 6.1.41. The Speddctiaions are those contained in the Protect Manual crated as in Subpatagraph 6.1.2,and are as follows: mow um Oa Speofitonswits sew or*ter ra moo ssiedt cataie ed m etatr.eSr J Seeded Tithe Pager; 1 Genersd Regtsirsementa 1 - 3 2 Site Wortk. . 4 • 3 Conc><.ete 5 4 Maaonty 5 - 6 5 Mesas 6 6 Wood 6 7 Thel maC g Mo.i..aturse Pnot.ee ti on 7 8 Dooms and Window. 7 - 8 9 . P.ini ahe4 9 - 11 10 Speci.a.Z ti.ea 11 - 12 11 Equipment 12 12 Frutni a h inga 12 13 Spe.cA.aL Conatnuct i ono 12 14 Conveying Syatema . 12 Genenae Notes, numbing, HAVC, sec t .ca,L Genera . Note.a 1-4 1500 numbing 1500-1-4 1550 NVAC 1550-1-3 1600 E.eec t'r.i.cae 1600.01-1600.4 iw►oot"U 'TA1$I•ABBREVIATED OWNU.CONTRACTOR AGRUEME T•NINTtt EDmma+•AW •C Is�7 A707-1 4 THE AMERICAN INSTITt.TE Or ARCHITECTS. 1735 NEW YORK AVENUE.N.W.WASHINGTON.D.C.20006 = s 8.1.4 The Drawings are as follows.and are dared unless a different date is shown below mow.Isis or orravargs tiny or now w aw Neon ausuot to dm Agramo t Number ?ale Due 1 Demolition Plan/Site Plan 12-88 2 Pa.n and EIevation4 3 - 4 Dataie4 Dem 1 U.t121.t lea Demot i t i on Pan P - 1 Plumbing Kan NVAC - 1 NVAC PLan E - 1 EL.ee.tir i.caa° Pan 8.1.5 The Addenda.if arty,are as follows: PluMber Daft None • • • Portions of Addenda relating to bidding requirements are not part of the Contract Documents anksa the bidding requirements are • also enumeradted in this Attieie 6. 8.1.8 Other document,if arm foritting part of the Contract Docutnerus are as follows: (Lau my Distberga otrossawe seta w wAaria to PAR pan o/a,►ammo ooalasow.) • AdvertiAement Son Silo . Sid Farm Persanmanee Bond Labors £ Matetrio2 Payment Bond Power oS A.ttonney CeratfLcate og Inaw.ance ion Genewat L.iabct ty, Awtomob,i.Le. Liability, Ezeeaa L.uzb.i,F.ity, Wonken4' Compensation and Emp,Loyen4' Lability Covenage6 A A Oi0 tJ ST A107•AOBatvverr0 OwYrh'.LCONTMCTOIt AGREEMt"+rT•NINTN 'l DrrlOM•me •1,I93 THE AMERICAN INS'D1TLTE Ot ARCHITECTS. 1'3S NEW YORK MIME.N,W,.WAStWNGTON. D.C.20006 A107.1 S7 5 GENERAL CONDITIONS ARTICLE 7 ARTICLE 9 CONTRACT DOCUMENTS CONTRACTOR 7.1 The Contract Documents consist of this Agreement with at The Contractor shaft supervise and direct the Work,using Conditions of the Con tract(General,Supplementary and other the Contractor's best skill and atteauion.The Contractor shall Conditions):Drawings.Specificuions,addenda bsued prior to be solely responsible for and have control over construction , the execution on of this Agreement.other documents listed in this meals. methods. techniques, sequences and procedures and Agreement and Modifications issued after motion of this for coordinating all portions of the Work under the Contract, Agreement.The intent of the Contract Documents is to include unless Contract Documents give other specific instructions all items necessary for the proper execution and completion of concerting these manors. the Work by the COnt actor. The Contract Doe userts are eompkinenury,and what is required by one sigh be ores bared. 12 t)nlpa othersuise provided in the Contract Documents,the ins as if required by ail;performance by the Contractor shall be Contractor shall provide and Ray for labor, matexnis, Ggwp- required only to the extent consistent with the Contract Docu- aeene, tools. construction equipateenr and machinery, water. trirnts and reasonably inferable from them as being sex cry and other belittles aged services necessary for Ore proper e=cution and completion of the to produce the intended results. Work, whether permanent and whether or not - -_ ' 72.The Contract Docimaents shall not be construed to create a incorporated or to he incorporated in the Work. contractual rdat3oinhip of any kind(1)between the Architect OA The Connoone shall ado= strict nimtibo and good and Contractor,(2)between the Owner and a Subcontractor or order among the Coma's c iployees and after peaaons or(3)between any persons or a tines°tier tarrying out the Contact. The Contractor stall not permit than the Owner and Contractor. � employment of unfit petsans or pesson>t not skilled in tastes aseigned to then ' 7.3 Execution of the Contract by the Contractor is a tepse=sen- ' tenon that the Contractor has visited the site and become font LI The canna=imam to the owner mod Architect that . • tar with the local.conditions under which the Work is to be medal and moment llindithed under the connect will be 0r !lam '!and new ttnlesa otherwise required or pemit- 7.4 The term "Work" means the construction and services ted by the Contract Documents, that the Work will be free ficea deter:a not inherent in the wary required or pernatten. required by the Contract Co, acus, whether completed err and lost the Work ww conform with the n of the partially completed and unehrdes all other boor. mattu#ds, Contract Documents.Work not confolming to these require- equipmetnt and services provided cc to provided by the s� es sac property and mencs,Contractor to fulfill the Catirr i ton's msbe s, The Wade author d, may he considered ddective. The Connector's may constitute the whole or a part of the Project. wansnty excludes remedy for ciarnage ot defect caused by abuse,modifications not executed by the Contracor,improper or manf&iax maintenance, improper operation, or normal war and tar tinder normal Image.If required by the Architect, the Contactor shall:muttlt waled Crory evidence as to the kind • ARTICLE 0 and quality of mnert es and equipment. OWNIE1 LS Unless otherwise provided in the COMIC shad pey s32121, comma, urea Documents,a other t similar Li The owner shah Runtish stnveys and a legal ile x optics of trees winch are legally a ratite l when bids are received or nego the sae. nations ceded, whether a not yet effective or merely scheduled to go ism effect,and shall secure and pay for die 11.2 Except for permits and fees which are Me n sponstbilky of buddIng Permit and or Permits and metal fees, the Contractor under the Camara Documents,the Owner shall licenses and iaspeCdons i for proper execution and secure and pay for nary 3ppaovals.easements,asfesrrmemts completion of tle Work. and charges required for the aarstru°ioet,we or occupatrty of !A The Contra=actor shad comply with and give notion Of perMen=t' W Canting tunnies. required by bas. ordinance . rules, mss. and lawful is if the Conaactrt fads to correct woett wtrieln is nix et orders of publit baring on performance of die Work.The Co or shad prompdy notify the Architect and aaormnce with the r of the Con ra t IJCIVOUNOCIES Owner if the Demean,and Spe cell,=one are observed by die or per tartly fail to carry out the Work In toe ice web Comte-__ to be at earth=therewith. the Contract Documents,the Owner,by a written order,may or the Contactor to stop the Wake or any portion thereof. t.7 The COMIIICIOr snail be respoosrhle to the Owner for the until the cane for such order has been dime's' tell;however, acts and minions of the Gatstracetx's employers, aac- the right of the Owner to stop die Week shall not give rise to a tors aid their agents and employees,and other persons per- duty on the pan of the Owner to exercise this right for the formes portions of the Work under a contract with the benefit of the Contractor or any other person or entity. Contractor. • MA 00CIMEIT AIR•ABBREVIATEDOWNEa.CONT1ACrOIAGR ENENl'•IWA'TNttfrITION•AU• •Cr917 THE WOMAN tN$TmtTE OF ARCHITECTS. 1739 NEW YORnt AVENUE.N.o,WASHINGTON,D.c metros A107-1 1 • 9.3 The Contractor shall review, approve and submit to the _ E 10 . to Architect Shop Drawings, Product Data. Samples and similar' Tl�f OF TIC CT submittals required by the Contract Documents with reason- . able ptomptriess. The Work shall be in accordance with 10.1 The Architect will provide ration of the Contract approved nit rd of when professional r equipment is of Pa- and will be the Owner's to presentative(1)during construction. ' formance criteria of materials,systems or egtlipunant• required by the Contract Documents, the Architect shall be entitled to (2)until final payment is due and(3)with the Owner's concur- rely upon the accuracy and completeness of such certifications. =ices from time to time during the correction period described in Paragraph 18.1 • 9.9 The Contractor shall keep the premises and surrounding 10.a The Architect will visit the site at intervals appropriate to area des from ions under C waste nit cone or rubbish of the siege of construction to become generally femmitiar with the posed by operations under the Contract.At about the of the P and Y of the completed Work and to determine waste to the Cons, ruby shall remove eon ratan and about ins Project in general if die Work is being perfort ed in a manner indiru- equip mn,machinery and the Contrm ter tools, construction ing that the Work,when completed,will be in accordance with M taacfhuaery aced the Contract Documents. However, the Architect will not be • 9.10 The Contractor shall provide the Owner and Architect required to make exhausdve'or continuous on-site inspections . access to the Work in preparation and progress wherever to check quality or quantity of the Work.On the basis of on- ' lowed. site °beervadons as an architect, the Architect will keep the . Owner informed of progress of the Work and will endeavor to 9.11 The Contractor shall pay all royalties and license fees; ' guard the Owner against defects and deficiencies in the Work. • shall defend suits or claims for infringement of patent rights and 10.3 The Airtime will not have control over or charge of and shall hold tht:Owner harmless flan loss on or loss when a will not be responsible for construction means.methods.reds- put particular not be responsible p oeso for such defense or loss whet!a .� or procedures.or for safety precautions and caress or product of a particular manubc- c m Orman manufacturers is required by the Contract Documents • Mira=in Connection"hh•the'WOrk Ainee-rhoe'are selei fir. . unless the Contractor has reason to believe that there is an • the Contractot's responsibility as provided in Paragraphs 9.1 infringement of parent. and 16.i.The Architect will not be responsible for the Connac- toes failure to carry out the Work in accordance with the Con- . 9.12.To the fullest extent permitted by lawn, the Contractor cirri Docume its* • ' . •shall indemnify and hold harmless the Owner.Architect.And* 10.4 !lased on the Atrhieetx's ohte'vatitts and evaluations of sect's consultants, and agents and employees of any of them the Cotursctac's Appikothoos for payment, the Architect Will (torn and Osinst claims, :losses and=Prose s;incld- review and certify the motion due the Connector and will ing but not limited to attorneys'fees,arising out of ar resulting issue gazes for Payment'in Such amounts. . from performance of the Work,provided that such claim.cam- _concern- disease age,loss or expense is attributable to bodily injury, , 10.8 The under Contract rn- or death,or to injury to or destruction of tangible prop- ing perfiermance • arty(other titan the Work itself)including loss of use resulting menu on written request of either the Owner or Contractor. therefrom,but only to the extent caused in whole or in part by The Architect will make initial decisions on all claims.disputes negligent acts or omissions of the Contractor,a Subcontractor,, or.other man in question between the Owner and Contrsc- anyone directly or indirectly emploYed by them or anyone for tor, but will not be liable for result of any interptentions or whose acts they may be liable, regardless of whether,or not decisions tendered in good bide.The Architect's decisions in such claim,damage,loss or expense is caused in part by a party matters relating to aesthetic effect will be final if consistent with indemnified hereunder.Such obligation gaggles be construed • . the intent expressed in the Contract Documents.All other dad• to negate, abridge, at reduce other rights or obligations of scans oldie Architect, except those which have been waived idannity which would otherwise exist as to'a pally or person by making or acceptance of final payment.shall be subject to described in this Paragraph 9.12. arbitration upon the written=and of either party. 9.12.1 In claims against any person or esulty indemnified 10.3 The Architect will have a ority to reject Work which under this Paragraph 9.12 by an employee of theconttactot,a . does not conform to the Contract Documents. Subcontractor.anyone directly or dy employed h9 diem 10.7 The Architect will review and approve or take other • or anyone for whose acts they may be gable.the appcoprtate action upon the Contractor's submittals such as Lion obligation under this Paragraph 9.12 shal not be limited by . Drawings, Product Data and Samples, but only for the a limitation on amount or type of damages.'comp—---'on or limited purpose of!hacking for conforrcrue with information . • benefits payable by or for the Contractor or a Subcontractor . given and the design concept expensed in the Contract under workers' or workmen's compensation acts, disability Docttmennn. benefit acts or other employee benefit eras. . 10.3 All claims or disputes between the Contractor and the 9.12.2 The obligations of the Contractor under this Paragraph Owner arising out or relating to the Contract, or the breach 9.12 shall not extend to the liability of the Architect.the Arced- thereof shall be decoded by arbinesion in accordance with the sect's consultants. and agents and employees of my pf them ' Construction Industry Arbination Rules of the American A bi- arisn g our of(1)the preparation or approval of maps,drawings, ration Association curmmiy in effect unless the parties mum- . , • opinions, reports, 'surveys, Change Orders. Construction ally agree otherwise and subject to an initial presentation of the Change Directives,designs or specifications,or(2)the giving of claim or dispute to the Architect as required under Paragraph • or the failure to give directions or instruction s by the Architect. 10.5.Notice of the demand for arbitration shall be filed in writ- the Architect's consul rants.and agents and=Igor=of any of trig with the other parry to this Agreemaent and with the AIWA- them provided such giving or failure to give is the primary can Arbitration Association and shall be made within a reason- cause of the injury or damage. able time after the dispute has arisen.The award rendered by MA DOCIAMEHT Alf?•AOO*EV1ATt'.D O heft pen•NINTH EDtrION•MA' •®1987 7 Al 07-18L7 THE AMERICAN INSTITUTE Of AkcaerreCrs, 1735 NEV YOU,AMU",N.W..woniunGt'ON.D.C.20006 • •L - - the arbasatot at arb toatamm shall be final,and Judgement may be 12.3 Costs cashed by delays, 'mappens, timed activities or entered upon it in acoordaice having lurbdiction thereof. with law m any court defective CattsmaGtlon shall be borne bye,the party rye Except by when consent of the therefor. person or entity s to be joined,no atbicraxion areang out of or r to the Convect Documents shall induce,by con- ARTICLE 19 solidation,joinder or in any other manna,any person or mtiey CHANGES INTIM WORK not a party to the Agreement under which such arbitration wises,unless it is shown at the time the demand for arbitration 13.1 The Owner.without mvalidamtg the Correct,may order is filed that(1)such person or changes in the Work of entity is 'involved in additions,deletions of medi- a accommon question of fact or law.(2)the presence of such per. fictitious,the Contract Sum and Contract Time�adjusted entity is required it complete relief is to be accorded in Xcordingly.Such ctrl in the Work shall be=herbed by the arbitration.(3)the interest or responsibility of such or.entity in the matter is not insubstantial,and(4)suds� Atehhott Con ion Change e. Contractor Directive signed tint! or entity employes or of the consultants. The _ if the s by the Owner and Arda�ect. e el.13.2 The connact swn and arbitrate teter:ed to herein specifically �y a Order. Caen 'Time shall be changed written apemen:to under applicable taw its any court having Jurisdiction thereat 13.3 The cost or credit to the Owner from a change in the ARTICLE 11 • Work shall be determined by mutual agreement. • SURCONTRACTS ARTICLE 1414 11.1 A Subcontractor is a person or entity who has a direct contact with the Contractor to perform a portion of the Work 14.1 Time limb stated in the Caotaract Docwnesas are of the • at the site. essence of the Comma.Hy emeaning the tau the Con- ti.: Unlas otherwise stated in the Contact Documents or the tractor..co n&ra dun the Contract Time is a raaeotable°third bidding requitements, the.Connacht, as soon a pry tot P die Wort. after award of the Contract, shall furnish in among to the 14.2 The date of Sn trial Completion is the date certified for each of the principal portions ofthe Work. by t m , 1 s.s. shag not contras with arty Subcontractor to whom the Owner 142 if the Contractor is delayed at any cane in Ping=of the or Architect has made reasonable and timely objection. The Work by thong=ordered in the Wont. Contactor shaft rot be riaqui ed to with anyone to unmet deny in de iseries, mr� whom the Cow has made smoothie objection. Cos- dons not anticlealmbie, =rowan* tics or tracts between the Contractors and Subconnaacactes shy (1) any=au boyoitt the Uontaeter's control,Or by other cat>x, require each Subcontractor, to the extent of the Work to be which the Archhect dercananut may /unify delay. then the performed by the Ste,to be bound to the Corwac• Connect Time shall be enenderd by Change Or for suds tea, for by the mass of the Contract Document and to assume actable tithe a the Architect may die toward the Contractor all the obEgodons and amities which the Contactor. by the Contras Documents, manes toward the Owner of and(2)allow to die Subcon- ba sk is -. • - . the Contratiti by C Comas alXorsied to PA CO . • *el be made as p ovidal in Ash 4 sort S of ,� tr CONSTRUCTION/T CAMS OR 11.2 Payments may be withheld on account of(1)defective BY lNCsi NA=CONMACIORS Work not r swelled,(2)m Med by third p (3)failure of the Contactor to make peynents poverty to Subcroatrac- 12.1 The Ownnet eaten the debt to ambtm construction or rocs of for labor. maters or (4)�onabie operationa related to the Ptal=with the Owner's own touts, dQhce that the Worst cannot be for the and to award separme;hotness in connection with other pot. aatoe of the Cconraa Sens,(5)tentage to the Owner another Boras of the Project or tabu contauakto or opeasionn on.the cthethethr*(w neatanabie evidence that the Wotk win nor be site under conditions of the eotteacc idesrdcal or substantially completed within the Contras' and that the unpaid bah similar to these,including these gains tented mo insurance amaoe world trot be adegsgoe to cover acttml ar liquidated dam' and waiver of subrogation.if the Came=clans that delay tie ddsY,or(7)Pcontann=we to carry or additional coif is throned because of nob action by the out the Work is=melt=with the Contact Document,• Owner.the Contractor shag nsake such ebbe as provided else- 15.3 When the Andfkecr*tees that the Work is substantially where in the Connect Documento. complete, the Atckdtect wits!setae a C.adfiate of Submatiai 12.2 The Contractor shall afford the Owner and separate con. for die imrvdnctlee and sm. 111.4 PIM mutest stroll not bseame that tenth the Contractor tip, and steal! =ma and hat delivered to the Owners aormpieie mime deg Hems seising our of this coon=Or construction and receipts in lull angering all tract Datum:ex operations with theirs a required by the Con- riaia and equipment for which a Met cot be filed,or tabor, bond aationctory to the Owner us indannify the Owner against such WM000111111ff Aim•AatUVlA DOw a„c Ter AMS1Catt aiSTIT hZ Of , 1735 urw YORK AVtxN5,hw„*� � o«®1x WASHINGTON.a�.2uoo6 A107.1917 � • lien. If such lien remains tumefied after paymmu are made, itself, to property which may arue out of or resuk ficom the" . �' the Contractor shall refund to tine Owner all money that the Contractor's operations under the Contract, whether such • Owner may be compelled to pay in discharging such lien, operations be by the Contractor or by a Subcontractor or any- including all costs and reariombie attorneys' fees. one directly or indirectly employed by any of them.This ante shall be written for not less than limits of liability specified 1g3 The malting of final payment shall constitute a waiver of in the Contract Documents or required by law, whichever claims by the Owner except those arising : coverage is'greater,and shall include contractual liability ins r- • .1 lie=u,claims,security inertia or encumbrances ads- ace applicable to the Contractor's obligations under Paragraph • ing out of the Contract and hum 9.12. certificate of such insurance shall be filed with the • ' .2 failure of the Work to compty with the requirements Owner prior to the commencanetn of the Work. of the Contract Documents:or 17.2 The Owner shall be nuponsIble for purchasing and main- ' .3 terms of special warranties required by the Contract mining the owner's usual liability insurance. Optionally, the Doc y. Owner may pit:Me a and maintain other insurance for self- `c of final payment by the Conttw rive.a of claims by u�t ��The Contractor shall not responsible for shall constitute a waiver of claims by this Owner's Y tee p material ec p previously made in �anti- Pig � g o�°� that by except iprance united speclfealy required by• the Contract for• lied•�,that payee as unsettled at the time of final Application Documents. Payment. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized ARTICLE le to do busbies in the jurisdiction in which the Protect is AND MEATY located,property insurance upon the enure Work at the site to ji Y'E.CTiGN OP the full insurable value titessot.This insurance shall be on an all- . far •main- risk Polley form and atgll Incl a interests of the Owner.the 12.1 The Contractor shall be tesponsib Coateaeeor, Subeontraetors arid Sub-subecntractots in the taming.and siipa'vtxng all �� t Work and shall insure a the P of Ore and extended connection with the pafo coverage and physical leas or damage Including,without dupli- tractor shall take reasonable precautions for safety of,and shat anion of coverage, and Soto mischief. provide reasonable protection to prevent damage,injury or Cow insurance ahall.be to: . 17.g Alm Matted under Owner's property to the Owner an as•• ' .1 emp aye es on the Work and other persons who may • adjusted with the Owner and made payable be affected thereby; fiduciary for the inraveds,as their Weans may appear.subject ' 2 the Work and iaaternb and equipment to be incur- to the Mullein=of any aPPllcahie reottgagee cause.with the Con- , corned therein;and thereto. 17.5 trattor berate an e to loss occur.policy policy shall .3 other property at the she err adjacent �� a P that the entity veil an be cancelled or laws,Contractor strap s,ve ulatiott and cetepty with orders of CO mite ttodl at kw►t 30 days'prior written notice has jaws,ordinances,rule,regulations boon*ions to the Con traectno authorities-beating erring on safety of persons and Property and their waive all rights against each protection from damage, Injury or Ions• The Contractor stroll' 17A The Owner and Co s Consultants,separate ch promptly remedy and loss to Proper y at the site extha and the Ah t, . .caused in whole or in part by the Convenor,a Subs•a •tractors desc abed in Ande 12,if any.and arty of their subcon- Sub-subcontractor.or creme directly or indirectly dyed aaetors, soboubC0102CIOTS, agereS end-_. yam, for dam• by any of them,or by anyone for whose atria they may be liable ages caused by aim or ether penis to the extent covered or_. . and for which the Contractor is teoPOotetk under Subpart property insusence obtained pursuant to this Article 17 or any 16.1.2 and 16.1.3,except for or tam andburable other prc'perry insunmeae applicable to the Work,except such to cs or omissions of the Owner or Architect or by anyone for rights as they may have to the proceeds of such insurance held whose acts either of them may be Habig,and not=ibutable to by the owner as mummy.The Comae=shall require similar • t=ie fault or n of the Commator.The waivers in favor of the.Owr 'a shoo require Su sit n- ' tons of the ConsmLoc are in Wake to the Coneector's Obis- tractors and sub.subterrunatits,The owner gations under Paragraph 9.12. ' far'waivers in favor of the Owner and Comma by the Arehi- sect.AtrttiteQ'3 etotmudtatnm,s din 143 The Caatraeaeor shy not be teegttitod to perform. +am Article 12,if my,and the subcorisr+ct+oes,sub-subcceuractots, cons= any block telatit* to ads or polychlorinated ;gents and at any of Meet. biphenyl(PC.Sj. . • . ARUM 17 • 11 •• from and in a 11.1 The Convector shall prui ety correct Work rejected by tom The or companies shat an conform to the requtir'+moents of the • • company or cf>mpathiees Mvittlly authorized to errs btu in the Att�eQ or falling the jurisdiction in which the Project is located Mamas for Convect Dada, whether observed bed or after Sub- 'or workmen's c sandal and whether or not fab&aed,installed or ratio a=sand then claims mplos ee b workers' and stnq correct any Work found to be not in radon with the tee of the Contract Documents ocher than to the Work within a period of one year from the date of Substantial Com- clh.and from daims for des. . • rRrt'•NemI sornoN•AnA* •®1997 A • Attauric S. 1135 taw TOIL OMAN.NW..WASHINGTON. D.C.20006 � • A107.1lDOr7 THE A►twc.AN p�lSCrl'UTi?• • ---''elation of the Contract or by terms of an applicable special war- ranty required by the Contract Documents.The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE to Work done by direct employees of the Contractor. 11.2 Nothing contained in this Article 18 shall be construed to • establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Docu- W,1 if the Architect Fans to recommend i payment for a period merits. Establishment of the cline period of one year as of 30 days through no fault of the Contractor.or if the Owner described in Paragraph 18.1 relates only to the specific obliga• Fails to make payment thereon for a period of 30 days.the Con- non of the Contractor to correct the Work,and has no relation. octopi may.upon seven additional days'written notice to the ship to the time within which the obligation to comply with the Owner and the Architect. terminate the Contract and recover - Contract Documents may be sought to be enforced,nor to the from the Owner payment for Work executed and for proven time within which proceedings may be commenced to estab- loss with respect to materials.equipment.tools.and construc- lish the Contractor's liability with respect to the Contractor's rion equipment and machinery.including rea5cxtable overhewi, obligations other than specifically to correct the Work. profit and damages applicable to the Protect. ARTICLE 10 • MISCELLAMOUS PROVISIONS 26.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docu- ments or fails to perform a provision of the Contract. the 19.1 The Contract shall be governed by the law of the place Owner,after seven where the Project is located, days'written notice to the Contractor and without prrejuillce to any other remedy the Owner may have. 99.3 As between the Owner and the Contractor, any appli- �' make good such deficiencies and may deduct the cost cable statute of limitations shall commence men a to run and any thereof, including compensation for the Architect's services alleged cause of action shall be deemed to have accrued: and made neeesrary thereby,from the payment then .1 not taper than the date of Substantial Completion for or thereafter due the Conn actor.Alternatively.at the Owner's acts or failures to act occurring poor to the relevant, option.and a by the Architect that sufficient att date of Substantial Completion; cause eons' to Justify such action,the Owner may terminate the .T not Later than the due of issuance of the final Gerdfi- Contract and rake p of the site and of all materials, Payment for acts issuance failures the act ems,tOOle'and Ott and machinery Cate for occurring thereon owned by the contractor and may finish the Work subsequent to the relevant date of Substantial Con- whatever method die Owner t deem expedient, If the pletion and and prior to issuance of die final Certificate for • balance of the Sum exceeds costs of finishing .3 not later than the date of the relevant act or failure to and expenses necessary ,,s such excess services ale act by the Contractor for acts or failures to act occur- ntrac atxft etoess shall unpaid • ring after the date of the final Certificate for paid to the�• but if such costs exceed such unpaid Payment- balance,the Contractor shall pay the difference to the Owner. • • • • • AM DOWNER A107•ABEWEVIATEO OWNER-CONTRACTOR AGREEMENT*NINTH EDITI EDITION •C1507 THE AMERI CAN INSTITUTE Of ARCHITECTS, 1735 NEW TONIC AVENtrE.N*,WAS ,ON.D.C.200116 *107.1 10 • IMESSEMNREssisemsomm. . . . . . . . . . . ' . . to ARTICLE 21 OTHER COMM:NIS OR PROVISIONS . . ' . . • . . . . . . . . . i- . . . . . . . . ' • • . ' . . . - . . . • . " . ' . . • . . . . ' . . . • . . ' . . . ■ , . . ■ • . . . . . , . . • ' . . . . , • . - . . . . - - . . . • • • . , . , . . . , ' . . • . . ' • • , ' . . : . . ' . . . . . , . • . . , . • . . . , • ,. . • . , . . . . . . . . . . ' . • • . . . • . . , . . . , . • . . ' . . . . ' 'i ' • . . . . . . . , . . : . . . ; . ' . • . entered Into as of the day and year first written above. . . : • . ' 1 ' C00: - OR OWNER • • . II -t)/J'e4 &Lai: Arif . oismuuno . ' . . .. 140.5e.6 Cozy, lit. . C i..." . , ,'■*t , i ., ' .•i,ii '. . '"en4 illiii■~111111111•11111■1111.1111■0111111. 1111100■•■•■•■■•■1111111~1•••■••••••••■■■•••■■•••*mwdimossi. I ''f • ; ' Pr smal ism?and WO . (Pr and name and ddo • i 11 A107-1967 etaeonana' Aia?•MINEVIATEDOINTIIIKONTRACTOE. *MOW_a:WT*13c vrONTIONAsinso.r•0141,001.02000198' 1 THE INSTITUTE OF ARCINTECTS, 173,piEW, TONE, AviNuff... 10/17 . . - . . • . . . . . • . , Av • 1 .- 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-Al/ ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 1989 SUBJECT: Approval of Funding Request for Saturday School for.Seniors DEPARTMENT: PUBLIC HEARING: Yes No Aging ATTACHMENT(S) : INFORMATION CONTACT: Jerry M. Passmore, Ext 280 Proposal TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider approval of a funding request and support letter to the Town of Chapel Hill - Recreation Department (special Hotel/motel tax fund) for the Saturday School for Seniors based at the Phillips Jr. High' School in Chapel Hill. The request is for $2,400 to help cover operating expenses for the co-sponsored cultural event by the Chapel Hill - Carrboro Sehbols Adult Education Program, Chapel Hill Parks and Recreation Dept. , Durham Technical Community College and the Department on Aging. BACKGROUND: The four co-sponsoring agencies need additional operational support for this nationally recognized educational and cultural events program for seniors. The town of Chapel Hill has established a special. hotel/motel tax fund for information and cultural events programs such as this. • RECOMMENDATION(S) : • 4pprove funding, request and support letter for Saturday isdii661 for Seniors Program: • • 2 TOWN OF CHAPEL HILL PARKS & RECREATION COMMISSION REQUEST FOR PROPOSALS ADDRESSING • HOTEL/MOTEL TAX FUNDING FOR VISITOR INFORMATION SERVICES AND CULTURAL EVENTS • Orange County Department on Aging NAME OF APPLYING ORGANIZATION • Saturday School for Seniors • NAME OF PROJECT • RETURN TO CHAPEL HILL PARKS AND RECREATION DEPARTMENT NO LATER THAN 5:00 P.M. FEBRUARY 27, 1989. • • • 3 • BACKGROUND INFORMATION NAME OF ORGANIZATION Orange Co. Dept. on Aging DATE 2-21-89 CONTACT PERSON. Janice Tyler TELEPHONE (W) 967-8628 (H) 489-8407 ADDRESS 410 Caldwell Street Chapel Hill , NC 27516 Classification(s) of Applying Organization: Federal Agency State Agency County/Municipal Government Agency- Foundation Supporting Governmental Agency Chamber of Commerce or Similar Organization Non-Profit Organization For-Profit Corporation,Business,or Proprietorship Individual Association or Organization Created for the Purpose of Applying for a Hotel/Motel Grant. Other 4 If more room is needed please provide,the following information on a separate sheet. 1. Provide a brief description of your organization's purpose and goals. • The Orange County Department on Aging is the central county resource functioning on behalf of older citizens in terms of advocacy, planning, coordination and information along with providing direct services. It is committed to serving older adults, irrespective of social, financial or ethnic origin. This department is unique in that no other County agency, public or private, has this function. 2. Is your organization registered as a non-profit organization? Yes 3. Does your organization currently provide cultural and/or informational services? If yes, please describe these services: The Orange County Department on Aging has been designated as a Focal Point Agency for information, resources, and services which contribute to wellness and better quality of life for older adults. This designation has been made by the Triangle J Council of Governments. Program offerings include an information referral service for visitors and newcomers, and a distribution center for the Tarheel Senior Discount Card. . The Department on Aging offers many arts courses, field trips and outings to cultural events. • 5 .PROJECT INFORMATION NAME OF PROJECT Saturday School for Seniors , LOCATION OF PROJECT: x Chapel Hill Only Orange County other *Explain if necessary: If more room is needed please provide the following information on a separate sheet. 1. Describe the specific project for which Town of Chapel Hill HoteVMotel Grant funds are to be used. The Saturday School for Seniors program is designed to identify and meet the educational and leisure needs of senior citizens in the Chapel Hill area and provide opportunities for social interaction among program participants. Special interest classes are offered for senior citizens on Saturday mornings at Phillips Junior High School, and refreshments are served during a break in classes. 2. All successful proposals must contain Information Services and/or Cultural aspects. How does this project address these criteria? Course offerings include: classes in computers, financial planning, gourmet cooking, writing reminiscences, a broad spectrum of arts and leisure classes, poetry, the political • arena, bridge, and many others. 6 3. Provide a project timetable for your proposal. List anticipated starting and completion dates as well as other major dates that the Commission should be aware of. The Saturday School offers two eight week semesters, one each fall and one each winter. The fall semester begins in early October and ends in early December. The winter semester beings at the end of January and ends in mid-March. Each Saturday morning, during each semester, all classes meet from 10:00 a.m. until 12:00 noon. In addition, there is mid- morning coffee break. 4. How will this project benefit visitors and/or residents of Chapel Hill? The benefits of this program include: 1. Improvement of the quality of life for older citizens. 2. Enhancement of the overall wellness of senior citizens by providing cultural and intellectual stimulation and social interaction. 3. Motivation for senior citizens to remain active, vital, and participating members of the community. 4. Classes are designed specifically to meet the needs of the older learners. 5. How will this project promote Chapel Hill as a desirable place to visit or in which to live. • Chapel Hill is already regarded as a very attractive retirement community. The Saturday School contributes greatly to that evaluation by offering a variety of courses which appeal to a wide range of personal interests. The _purpose of the, program is to enrich the lives of the senior citizen population of Chapel Hill: to provide high-quality programs at a low cost, to meet the demands, interests, and needs of this population, and to offer an opportunity to develop friendships among participants. All these factors' contribute to the promotion of Chapel Hill as a desirable place to live. 7 6. How many people will be served by this project? Enrollment has been increasing each year. We predict the program will serve between 75-100 people each semester. 7. To what extent will volunteers be used? Volunteers are coordinated through the Retired Senior Volunteer Program (RSVP) and are used to assist with all the following functions: Registration Bulk Mailing Clerical Assistance Coffee Break Hostesses Shopping for Supplies Advisory Council Approximately 25-30 hours per semester _are .given by about 12 volunteers. PROJECT FUNDING FUNDING REQUEST $ 2400 MINIMUM FUNDING REQUEST` $ 600 *The Commission may recommend a funding level less than that requested. Please list the minimum funding necessary to provide a significant contribution toward completion of the proposed project.This figure should represent the lowest useful grant that could be used by the organization. PLEASE CHECK APPROPRIATE LINES • If the full amount of the grant proposal is approved,this project will be funded exclusively with Hotel/Motel Grant funds. X If the full amount of the grant proposal is approved,only a portion of this project will be funded with Hotel/Motel Grant funds. Hotel/Motel Grant funds will be used to pay all of the salaries of employees involved in the proposed project X Hotel/Motel Grant funds will be used to pay a portion of the salaries of employees involved in the proposed project. Hotel/Motel Grant funds will not be used to pay any portion of the salaries of �. employees involved in the proposed project. 8 If more room is needed please provide the following information on a separate sheet. 1. List all other organizations and agencies providing funds for this project. Include all agencies and organizations with whom you have pending grant applications or with whom you intend to apply for assistance. Agencies Providing Funds • Chapel Hill Parks and Recreation Dept. $ 480.00 Orange County Dept. on Aging 50.00 Durham Technical Community College 1920.00 Chapel Hill-Carrboro City Schools 800.00 No grants are pending. • 2. If you receive the full amount of your grant request, will this project require additional funding? If so, how will the remainder be funded? Yes, it will require additional funding. The reminder will be funded by continuing to maintain the cost. and in-kind contributions of the co-sponsoring organizations. 9 3. Will this project continue once HoteVMotel Grant funding is discontinued? If so, how will funding be provided? It is our intention to continue to provide this program as long as it serves the needs of the older population. In-kind funds can maintain a portion of the program; however, ' cutbacks such as offering fewer courses may be necessary. An increase in registration fees is not an acceptable solution, because the philosophy of providing a quality, affordable program is a top priority. 4. Has the applicant received HoteVMotel Grants in previous years? If so, list all projects funded. Yes. 1988-89 Saturday School for Seniors Program $ 600.00 5. Has the applicant received any grant from the Town of Chapel Hill within the last three years. If so, list the grant and the source of the grant. No • • 10 6. Include a project budget covering at minimum the areas listed below: BUDGET TOTAL EIMLERLEXEF1 Full-time Salaries -0- Part-time Salaries $ 1200 (in-kind) Contracted Services $ 3360 Telephone/Postage $ 100 Printing $ 1200 Art/Photos/Design $ 1000-$ 1500 • (Printing Brochures) Rent of Facilities $ Rnn (in-kin.d) Purchase of Equipment $ 200 (New Coffee Pot) Office Supplies 50 Utilities Included in Rent Otherkfrazbneus $ 400 Other In-kind Volunteers Other In-kind Janitor $ 800 Services Other Other TOTAL COMMENTS: The major expenses of administrative and secretarial time are in-kind contributions of all four co-sponsoring agencies. it is the dedication and commitment of these people who made this program so successful. In order to keep the program functioning at its current quality level, coordinators insist • on contracting instructors of the highest calibre and paying them professional stipends. In addition classes are purposely kept small to ensure maximum individualized attention. • 11 OTHER PERTINENT INFORMATION The North Carolina Adult Education Association selected the Saturday School for Senior Citizens to receive its "Creative and Innovative Program Award" in 1985. In 1986, the Saturday School won a National Award for an "Innovative Educational Experience" from the National Association of Counties. Cooperation between the four sponsoring agencies is strong. Each organization contributes important resources to the program, and each agency recognizes and gives credit to the other sponsoring agencies. The Orange County Department on Aging provides insight and access to the senior citizen population, takes responsibility for registration and provides refreshments. The Chapel Hill-Carrboro City Schools proves classroom space, facilities support, program development and qualified instructors. The Chapel Hill Parks and Recreation Department provides a leisure component and planned future course expansion. Durham Technical Community College provides recruitment and financial support for instructors. Representatives of each organization contribute equally in the creative planning and evaluation efforts of the program, and each organization provides publicity and advertising for the program. Evaluation Techniques Evaluation instruments, in the form of a standardized questionnaire, are distributed to and returned by participants. They have always been highly positive in both rating and comment. Potential Program Growth The demographics indicate that the population of older citizens is the fastest growing age group in the Chapel Hill Community. The area is rapidly becoming an international retirement community for people who are committed to life- long learning. We are not aware of a similar Saturday morning program within the Research Triangle. However, a Saturday School for Senior Citizens now exists in the Burlington area which has modelled itself on our program. ` r 12 APPLICATION DEADLINE 5:00 P.M. FEBRUARY 27, 1989 Return the original and 14 copies of this application and all supporting material to: Town of Chapel Hill Parks & Recreation Department Bill Webster 306 N. Columbia Street Chapel Hill, NC 27516 For information please call 968-2784 and ask for Bill Webster. 1 Ni‘ • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 1989 SUBJECT: Tax Refunds Request -DEPARTMENT: PUBLIC HEARING:. Yes X No Tax Supervisor ATTACHMENT(S) : INFORMATION CONTACT: Individual Request TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider 31 request for refund of tax bills. • • • BACKGROUND: General Statutes 105-381 (b) Action of Governing Body - Upon receiving a taxpayers written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current liability or notify the taxpayer in writing that no release or refund will be made. RECOMMENDATION(S) : • • TWP 7 2 ) I ACCT # 26994 TRACT # 706718 MAP 41.B.5 BILL # 88-11056 87-40785 R. L. Montgomery 86-25461 728 Shadylawn Ct. Chapel Hill, NC 27514 COMMENT: Taxpayer listed 1985 Pont and 1986 Pont. in error for 1986, 1987 • and 1988 REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund overpayment for 1986, 1987, and 1988 1986 Valuation $10,150 1987 Value $16,250 1988 Val $16,075 GO $62.93 $98.48 $103.68 SC 3.05 G2 71.05 87.75 86.81 CH 20.20 26.81 28.53 $157.23 $213.04 $219.02 $157.23 213.04 219.02 $589.29 Total Refund RECOMMENDATION: Approve ORDER: DATE: 12- 49,00"mul _ _ • TWP 7 3: ACCT # 50394 1 TRACT # 713106 MAP 5413.13.7 BILL # 87-40772 ( 86-25438 E. L. Montgomery 1042 Torney Pines Place Chapel Hill, NC 27514 COMMENT: 1986 Mazda, Truck listed by both lessee and lessor. Should have been listed by lessor only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment on above vehicle for 1986 and 1987 1986 Valuation $10,810 1987 Valuation $9,580 GO $67.02 $58.05 Sc 3.24 G2 75.67 51.73 CH 21.51 15.81 $167.44 $125.59 $167.44 125:59 $293.03 Total Refund RECOMMENDATION: Approve ORDER: DATE: TWP 7 ACCT # 49592 TRACT # 714325 MAP 30A.B.1 BILL # 87-39855 Carol M. Mead Rt 3, Nix 184A Apex, NC 27502 ) COMMENT: Taxpayer listed 1984 Plymouth in both Orange County and Chatham County. Should have been listed in Chatham County only. Verification received from Chatham County of taxes paid. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1987 property taxes on above referenced vehicle. Valuation $3,570 GO $21.63 G2 19.28 CH 5.89 $46.80 RECOMMENDATION: Approve ORDER: DATE: 5 TWP 7 ACCT # 80686 TRACT # 725173 MAP 24J.A.31 BILL # 88-9508 Connie Rae McDonald & Kurt B. Bell COMMENT: Taxpayer failed to mark off a 1986 Chevy, Blazer that he did not own 1-1-8 REF: N.C. General Statute 105-381(d)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 tax overpayment on above vehicle Valuation: $10,150 GO $65.47 G2 54.81 CH 18.02 Late List .... $13.83 $152.13 1 RECOMMENDATION: Approve ORDER: DATE: • 6 • TWP 7 ACCT # 48973 TRACT # 716017 • MAP . 108D.B.5 BILL # 88-36909 [ Stephen Oglesbee 327 Blueridge Rd. Carrboro, NC 27510 COMMENT: 1986 Volvo listed by both lessee and lessor. Should have listed by lessor only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment on above vehicle to lessee for 1988 Valuation: $13,100 GO_ $84.50 G1 76.64 CH 23.25 Late List 18.44 • $202.83 • • 1 11 RECOMMENDATION: Approve • ORDER: DATE: • TWP 7 • ACCT # 116430 TRACT # 713816 MAP 77A.B.2 BILL # 88-8324 ( • Charles T. Mann, II B2 Village Green Chapel Hill, No 27514 COMMENT: Taxpayer failed to indicate what kind of Porsche he owned on his 1988 tax listing form and the vehicle was valued incorrectly. REF: N.C. General Statute 105-581(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayemnt for 1988 Valuation $6,795 GO $43.83 G2 36.69 Ch 12.06 $92.58 • RECOMMENDATION: Approve ORDER: DATE: TWP 7 ACCT # 117473 TRACT # MAP BILL # 87-38240 Michael D. Mansfield 113 Pinegate CR. Apt 6 Chapel Hill, No 27514 COMMENT: 1986 Chevy, Nova and 1986 Chevy Truck listed by both lessee and lessor. Should have been listed by lessor only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment on above vehicles for 1987 Valuation $13,110 GO $79.45 G2 70.79 CH 21.63 $171.87 • RECOMMENDATION: Approve ORDER: DATE: ---------- _ . TWP s7 9 ACCT # 31841 • TRACT # 709321 MAP 113A.A.10 BILL # 87-15195 • • 88-13107 Ned. Thorpe & Gloria Route 4, Box 589 Chapel Hill, NC 27514 COMMENT: 1986 Chevy (Celebrity) listed by both lessee and lessor. Should have been listed by lessor only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment on 1986 Chevy for 1987 and 1988 to lessee. 1987 Valuation $7,700 1988 Valuation $7,500 GO $46.66 $ 48.38 FC 5.85 6.00 CH 12.71 13:31 $65.22 $67.69 $65.22 67.69 $132:91 Total Refund: • • RECOMMENDATION: Approve ORDER: DATE: 10 TWP 7 ACCT # 7921172 TRACT # 705440 BAP 69.B.2 BILL # 87-36038 88-34018 . ( Stephen B. Lamb P.O. Box 2511 Chapel Hill, NC 27514 COMMENT: A 1984 Volvo and 1984 Chevy double listed on business account and personal property listing for years 1987 and 1988. Should have been listed on business listing only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property taxes on above vehicles for 1987 and 1988 1987 Valuation $18,890 1988 Valuation $14,325 GO $114.47 $ 92.40 G2 102.01 77.36 CH 31.17 S 25.43 Late List 24.76 $272.41 $195.19 $272.41 195.19 $467.60 RECOMMENDATION: Approve ORDER: DATE: TWP 7 ACCT # 29351 TRACT # MAP BILL # 8a-44861 [ • 3 Jeanne Riggsbee Rt 4, #1 Phils.Ridge Chapel Hill, NC 27514 COMMENT: Listed in error a 1981 Olds,for 1988. This vehicle was sold April 1987 and was not owned by the above on 1-1-89. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund for tax paid on 1981 Olds,for 1988 Valuation $3375 GO $21.77 FC 2.70 CH 5.99 $30.46 RECOMMENDATION: Approve ORDER: DATE; 12 TWP 7 ACCT # 129858 TRACT # MAP BILL # 881721 Brenda D. Barbee 113 Pinegate Circle Apt #9 Chapel Hill, NC 27514 COMMENT: 1986 Volkswagon Jetta listed by both lessee and lessor. Should have been listed by lessor only. REE: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 Property Taxes for 1986 VW to lessee. Valuation $8,100 GO $52.25 G2 43.74 CH 14.38 TOTAL: $110.37 RECOMMENDATION: Approve ORDER: DATE: 13 TWP 1• ACCT # 12521? TRACT # 129695 MAP 1.16..2P BILL # 88206 r Larry R. Albert 4018 Hawkins Rd. Hurdle Mills, NC 27541 COMMENT: 1986 Chevy Truck listed by both lessee and lessor. Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1987 and 1988 property taxes for 1986 Chevy Truck 1987 Valuation = $9,210 1988 Valuation = $10,150 GO $55.81 $65.47 FH 3.59 4.47 $59.40 $ 69.94 $59.40 69.94 Total Refund $129.34 RECOMMENDATION: Approve• ORDER: DATE: TWP 3 • ACCT # 110645 TRACT # 333566 MAP BILL # 88-40883 87-40883 1 [ ] Dennis A. Cummings Rt 5, Bo 126A Mebane, NC 27302 COMMENT: 1987 Chevy Camaro listed by both lessee and lessor. Should • have been listed by lessor. REF: N.C. General Statute 105-381(4)(1)b. An illegal tax. • • ACTION REQUESTED: Refund property taxes for 1987 Chevy Camaro to lessee for 1987 and 1988. 1987 1988. GO 62.42 \ $67.08 FB 3.30 3.12 • Total: $65.72 $ 70.20 $ 65.72 70.20 TOTAL REFUND: $135.92 _ RECOMMENDATION: Approve ORDER: DATE: • rizosixt- 1 15 TWP ACCT # 65679 TRACT # 100407 1.22..14 MAP • • BILL # 88-40059 ] • • William & Elva Corr Rt 2, Box 1010 Hillsboroughf, NC 27278 • COMMENT: 1986 Chevy Truck double listed for 1988. REF: N.C. General Statute 105-381(i)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 property taxes for 1986 Chevy Truck GO $70.14 PH 4.79 $74.93 RECOMMENDATION: Approve ORDER: DATE: TWP 3 16 ACCT # 67879 • TRACT # 301904 MAP 3.50..12B BILL # 88-38025 Allen A. Cates Rt 1, Box 103 Chestnut Ridge Rd. Efland, NC 27243 COMMENT: 1986 Chevy Truck listed by both lessee and lessor. Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: co $61.92 FB 2.88 $64.80 RECOMMENDATION: Approve ORDER: DATE: Esw"'"-- 7 17 TWP 1 ACCT # 118268 TRACT # MAP • BILL # 881748 Randy R. Barbee 113 Pinegate Circle #9 Chapel Hill, NC 27514 COMMENT: 1987 Volkswagon Golf listed by both lessee and lessor. Should have been listed by lessor. REF:N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 property taxes for 1987 VW Golf to.lessee for 1988 Valuation $7,950 GO $51.28 G2 42.93 CH 14.11 $ 108.32 RECOMMENDATION: Approve ORDER: DATE: • _. . TN?' 7 3.8 ACCT # 74636 TRACT # MAP BILL # 88-50982 C Sylvia G. Barnes . 700-D Franklin Sq. Chapel Hill, NC 27514 COMMENT: A 1980 Merz. and a 1980 Datsun Truck double listed on single property tax form in name of Sylvia Barnes and on joint listing in name of both Sylvia Barnes and Ernestine Gregg. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 property taxes to Sylvia Barnes for 1980 Merz and 1980 Dat. Truck. Total Valuation: $10,600 GO 68.37 • G2 57.24 CH 18.82 LL 14.44 $158.87 • _ .• RECOMMENDATION: Approve ORDER: DATE: 7 19 TWP ACCT 34014 # TRACT # MAP BILL # 88-19077 [ C.P. Buckner Steel Erection, INc. P.O. Box 3620 Chapel Hill, NC 27515 COMMENT: Double listed 7 vehicles, once under Schedule A and once under Schedule B. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund for 1988. Valuation = $48,354 GO $311.88 £3 24.18 CH 85.83 $421.89 RECOMMENDATION: Approve ORDER: DATE: TWP 4 20 . ACCT # 90551 TRACT # MAP BILL # 16422 I Teresa A. Whitted. P.O. Box .368 Hillsborough, NC 27278 COMMENT: 1986 Pont. listed by both lessee and lessor. Shold have been • listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 property taxes to lessee for 1987 Valuation: $9,020 GO $54.66 G3 40.59 $ 95.25 RECOMMENDATION: Approve ORDER: DATE: 21 TWP 7 ACCT # , 88809 • TRACT # MAP BILL # 88-13130 [ Glenn Tig Route 1, Box 211C Chapel Hill, Nc 27516 I COMMENT: Wrong rate code applied to property on above account. Should have been rate code 01. REF: G.S. 105-381(a)(1)a. A tax imposed through a clerical error. ACTION REQUESTED: Refund property taxes on above account for 1988. Valuation $1,880 Tax at Rate Code '17 = $16.41 Tax at Rate Code 01 13.55 Refund $ 2.86 RECOMMENDATION: Approve ORDER: DATE: TWP 5 22 ACCT # 117536 532519 TRACT # MAP 5.20D..1 BILL # 88-34772 Harvey & Marcia Leonard of 4, Box 1411 Lawrence Rd. Hillsborough, NC 27278 COMMENT: 1986 Chevy Blazer listed by both lessee and lessor. Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1988 property taxes on 1986 Chev. Blazer to lessee. Valuation = $11,800 GO $76.11 FA 3.89 $80.00 RECOMMENDATION: approve ORDER: DATE: TN? 7 23 ACCT # 87003124 TRACT # MAP BILL # 88-44103 [ Carolyn Rashti 1208 Ellen Place Chapel Hill, NC 27514 COMMENT: Tax lister erroneously listed a 1978 Ford she did not own on January 1, 1988 REF: N.C. General Statute 105-381(a)(1)b. An illegal tax., ACTION REQUESTED: Refund 1988 property taxes on 1978 Ford. Valuation $1,175 GO $ 7.58 G2 6.35 CH 2.09 $16.02 • RECOMMENDATION: Approve ORDER: DATE: 24 TWP 7 ACCT # 122132 TRACT # 730975 MAP 7.135..7 BILL # 88-20599 [ Goforth Properties 121 N. Columbia St. Chapel Hill, NC 27514 COMMENT: House was only 25% complete on January 1, 1988. REP: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property taxes for 1988. Valuation: $101,829 GO $656.79 CH 180.74 G2 549.87 $1,387.40 1 1 • RECOMMENDATION: Approve ORDER: DATE: • 25 DIP 7 ACCT # 9(552 TRACT # 729190 MAP 7.128.A.4A BILL # 87-90352, 88-28158 [ Rudolpy & Ruth Hardee Rt 4, Box 152 Pittsboro, NC 27312 COMMENT: Newly constructed addition to house was erroneously valued as two separate additions, both a workshop and an added addition. Should be added addition only. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property taxes for 1987 and 1988 Valuation: $12,000 1987 1988 GO $72.72 $ 77.40 CH 19.80 21.30 4.80 6.00 $97.32 $104.70 Total Refund: $202.02 RECOMMENDATION: Approve ORDER: • DATE: 26 TWP 4 ACCT # 80715 TRACT # 425135 MAP 4.6A.G.21 BILL # 88-1457 • [ ] - Jerry & Fran Baity Rt 4, Box 786 Hillsborough, NC 27278 COMMENT: New house picked up twice on two adjoining lots. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund tax overpayment for 1988 Valuation: $88,807 CO $572.80 FA 29.30 • $602.10 • RECOMMENDATION: Approve • • ORDER: • DATE: 27 TWP 1 ACCT # 91772 TRACT # 129447 MAP BILL # 87-36452 ' • \ [ Raymond Laws 7402 New Sharon Church Rd. Rougemont, NC 27572 COMMENT: Above parcel was subdivided in 1985 with Mr. Laws retaining 14.947 acres of the total 31.32 acre tract. Tax value was adjusted accordingly, but erroneously adjusted back to original size through a clerical error for 1987 taxable year. REF: G.S. 105-381(a)(a)a. A tax imposed through clerical error. ACTION REQUESTED: Refund 1987 property tax overpayment. Valuation difference: $35,366 GO $214.31 PH 13.79 $228.10 RECOMMENDATION: Approve ORDER: DATE: • 28• TWP 7 ACCT # 103929 TRACT # MAP BILL # 87-13595 J. Oral. Strickland 'GMAC 1718 St. Julian Place Columbia, S.C. 29204 COMMENT: Mr. Strickland mistakenly listed a motor vehicle when he filed his property listing in January of 1987. This vehicle was owned and leased from GMAC. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1987 property tax overpayment on 1984 Oldsmobile. Valuation: $6,290 GO $38.12 G1 36.80 CH 10.38 $ 85.30 RECOMMENDATION: Approve - ORDER: DATE: 29 TWP 1 ACCT # 116465 TRACT # 134944 1.20..9A MAP BILL # 88-14957 , [ 1 Vance 0. Walker Rt 2, Box 109 Rougemont, NC 27572 COMMENT: Above referenced parcel was erroneously removed from special land-use status through a clerical error for 1988. REF: G. S. 105-381(a)91)a. A tax imposed through a clerical error. ACTION REQUESTED: Refund property tax overpayment for 1988 Valuation Difference: $17,700 GO $114.16 FH 7.78 $121.94 • RECOMMENDATION: Approve ORDER: DATE: 30 • TWP 7 ACCT # 98859 TRACT # 725671 MAP 17..1 BILL # 88-16505 1 1 [ Samuel W. Wilburn P.O. Box 3488 Chapel Hill, NC 27514 COMMENT: A 1986 Chevy, Truck was listed by both the lessor and lessee. • Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund 1987 and 1988 property taxes to lessee for 1986 Chevy. Truck, 1987 Valuation = $8,080 1988 Valuation = $6,975 GO $48.96 $44.99 FD 2.91 3.63 CH 13.33 12.38 $65.20 $61.00 Total Refund: $126.20 • RECOMMENDATION: Approve • • ORDER: DATE: TWP 3 _31 • ACCT # 2819 TRACT # MAP BILL # 8895 Lonnie J. Adams . F.O. Box 243 Efland, NC 27243 COMMENT: 1987 Chev, Cav, listed by both lessee and lessor. Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property taxes on 1987 Chev. Cay. to lessee for 1987 and 1988 1987 Valuaiton = $7530 1988 Valuation = $7450 GO $45.63 $48.05 FB 2.41 2.24 $48.04 $50.29 • $48.04 $50.29 Total Refund $98.33 RECOMMENDATION: ORDER: DATE: 32 TWP 7 ACCT # 53106 TRACT # 714822 MAP 7.14C.A.12 BILL # 88-25803 [ Thomas and Lucia Gambill 5214 Hideaway Dr. Chapel Hill, NC 27516 COMMENT: 1986 Chevy Astro Van listed by both lessee and lessor. Should have been listed by lessor. REF: N.C. General Statute 105-381(a)(1)b. An illegal tax. ACTION REQUESTED: Refund property taxes on 1986 Chevy Van to lessee for 1987 and 1988. 1987 1988 Total GO $58.66 $65.79 $62.14 $71.09 FD 3.48 5.30 $133.23 • $62.14 $71.09 RECOMMENDATION: • Approve ORDER: DATE: • ORANGE COUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: April 2, 1989 Action Agenda Item # Y".. * SUBJECT: PETITION FOR ADDITION - ROADS IN LAUREL SPRINGS SUBDIVISION DEPARTMENT: PLANNING 'PUBLIC HEARING Yes _x_NO ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk - Extension 348 E.M. Cowan Letter of 3/1/89 Secondary Road Addition Report TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a petition from NCDOT for approval of the addition of roads in Laurel Springs Subdivision to the State-maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the addition of Quinn Court, Oxford Court, Gibbon Drive, Valen Court, and Laurel Springs Drive in Laurel Springs Subdivision to the Board of Commissioners for review. The Board's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the roads to the State-maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Quinn Court, Oxford Court, Gibbon Drive, Valen Court, and Laurel Springs Drive in Laurel Springs Subdivision to the State-maintained Secondary Road System. MAR 021989 • ifsr44.4. 4bN 43"-r a 2 Q 4 :1-es' • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253-0766 DIVISION OF HIGHWAYS JAMES G.MARTIN GOVERNOR March 1 , 1989 GEORGE E.WELLS,P.E. JAMES E.HARRINGTON • STATE HIGHWAY ADMINISTRATOR SECRETARY • Orange County Mr. John M. Link, Jr. Manager Orange County 106 E Margaret Lane . Hillsborough, NC 27278 Subject: Petition for Addition - Quinn Court, Oxford Court, Gibbon Drive, Valen Court, and Laurel Springs Drive in Laurel Springs Subdivision Dear Mr. Link: Attached is Form SR-4, Secondary Road Addition Investigation Report for Quinn Court, Oxford Court, Gibbon Drive, Valen Court and Laurel Springs Drive in Laurel ' Springs Subdivision. This is being forwarded to you for review by your Board of Commissioners. • Yours very truly, COL42.410i E. M. Cowan DISTRICT ENGINEER facr Atta. CC: ir.. J. W. Watkins • An Equal Opportunity/Affirmative Action Employer , • _, . _. • _ , .-.. File: 0-88-27 3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS . • SECONDARY ROAD ADDITION INVESTIGATION REPORT ..i, . ' County Orange Co. File No. Date Township zaapea_aul______ Div. File No. • Local Name See Attached Sheet Subdivision Name Laurel Springs -.„Length See Attached 20 Ft, .Width Type 1-2 Condition Good Is this a subdivision street subject to the construction requirements for such streets? Yes Recorded See Attache cilOOkSee Atta. page See Attached Is this a subdivision street subject to participation paving? No Number of homes having entrances into road See Attached Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement? Yes If not, why? Is petition (SR-1) attached? Yes Is the County Commissioners' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? Yes If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ - 0 - Grade, drain, stabilize $ - , Drainage $ - , Other $ Remarks and Recommendations Section One of Laurel Springs Drive is the only access to SR 1104 for Quinn Court, Gibbon Drive, Valen Court and Oxford Court. This section will have an ADZ of 114. All other roads may stand alone. Recommend Addition. Reviewed and approved , - , I Board of Transportation Member • .. _ . • - .. . --57-6d. Reviewed and approved J. W. Watkins, P.E. E. M. Cowan DIVISION ENGINEER - . DISTRICT ENGINEER .....•••••••...... .............................................. ....... ..... ..........•....... .. . . -- _ _ _ .. . (Do not write in this space - • . . . • • • -- For use of-Secondary- Roads Dept.) . • • __ _ . Petition No. .. . . .. --. ., . . _ ... -_. • • (Do not write in this space - • For use of Planning Dept.) . • . .............. ..... ...... ...................................................... .........................0............. , . ■ Form SR-4 (7-77) 1 . . : - . ... • . LOCATION MAP .. . . . . ..... 'INSIMMO111•011•M=Ile. ■■■•■••■■•■••••■■< \ - mil au. .?. SEE ATTATCHED ..0., .0 • .6, . ,sai---.,„; .\\ •::- ,;:ii . • .,•., .. . ... • I • • Colvcod.r , ./ *".2°..--. \9.- t Am 4; \\N ma / . .prt. . ),../ ''4•:•.; .. . mi.! ,E • . .Y... .. ' Ltim 7,17z7,*4z:444,-.5 ' . P4J1 40. .0 37 13 rAP . ';',E.2,2ADT xis a 4 .,.... me jr_L ■ asui: Mi NErd .i7 za. • . AL.,..,.. 421' "aq• -. [ f . 4> ( Ima... .i. \ . . .-, ..... . ■ DM . I. 24M. ....% , 22t. -- •- nu • 242/q VI ' . 9 32M. Rau - .1.. Mi. Ai P3 1.3 - ..ro ifti 122a. Istm . :le so • ir mosuanmow.■.. A .— .... 1, LAUREL _ SPRINGS 1 I TO BE ADDED TO STATE SYSTEM . 1 ‘ :: • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda • Item No. .' ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 1989 SUBJECT: Outreach Pilot Funds for Domiciliary Homes under Senate Bill 312 • DEPARTMENT: Aging/Orange Co. DHCAC PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Senate Bill wiz INFORMATION CONTACT:DHCAC Chr Paul Leung/ Jerry Passmore TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 • Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider endorsement of Senate Bill 312 that would continue the Outreach Activities Pilot Program to the residents ef Orange County's Family Care and Rest Homes by the County Recrea Department. This bill was introduced by Senators Walker and Hunt, providing $35,u00 for the 1989-90 and 1990-91 fiscal years to the Orange County Parks and Recreation Department. This bill was reviewed and endorsed by the Orange County Domiciliary Home Community Advisory Committee (DHCAC) on March 14, • Advisory Committee, staffed BACKGROUND: The Domiciliary Home Community recognized the need for more by the Department on Aging, 9 ni.. meaningful leisure activities for home residents and began pursuing state funds in 1986 for a f aci l i ator to work with Rest Home/Family Care Home operators. In the Assembly $12,000 of discretionary funds were allocated to the County Recreation and Parks Department to employ a part- . time Facilitator for nine months, ending June 30, 1989. Senate Bill 312 would continue the Facili1traposition on a full time basis, provide necessary supplies independent evaluation of the project for possible establishment of a statewide program. I I RECOMMENDATION(S): Approve and communicate endorsement to the Orange County 2 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 1 S SENATE BILL 312 Short Title: Orange Cnty. Outreach Pilot/Funds. (Public) Sponsors: Senators Walker; and Hunt of Moore. Referred to: Appropriations. March 1. 1989 1 A BILL TO BE ENTITLED 2 AN ACT TO CONTINUE THE ORANGE COUNTY OUTREACH ACTIVITIES 3 PILOT PROGRAM. 4 Wht cas, a ecitic:il need exists for the development of more appropriate 5 social and recreational activities in family care homes and rest homes in North 6 Carolina; and 7 Whereas, in recognition of this need, the Domiciliary Home Community 8 Advisory Committee of Orange County seeks to continue the pilot program that 9 began the funding of Outreach Activities Coordinator, pursuant to Paragraph S1814 10 of Chapter 1094 of the 1987 General Assembly, Regular Session 1988;and 11 Whereas, for a period of two years this Outreach Activities Coordinator 12 will continue to function as a consultant and facilitator in the planning, 13 implementation and evaluation of therapeutic activities for the residents of 14 domiciliary homes in Orange County; Now, therefore, 15 The General Assembly of North Carolina enacts: 16 Section 1. The Orange County Parks and Recreation Department shall 17 continue to administer the continuation pilot program for the period of two years for 18 the purpose of providing to the residents of domiciliary homes in Orange County 19 individualized rehabilitation and therapeutic activities to alleviate the effects of 3 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1089 k . - I disabilities, providing equal recreation opportunities, fostering social interaction and 2 physical and mental health, and promoting personal satisfaction. This continuation 3 pilot program shall consist of: 4 (1) The continued funding of the position of Outreach Activities 5 Coordinator; 6 (2) The continued employment of a Therapeutic Recreation Specialist 7 for the position of Outreach Activities Coordinator to work in 8 coordination with the Orange County Department of Social 9 Services and the Orange County Parks and Recreation 10 Department; and 11 (3) An independent evaluation to be conducted to document the effect 12 of the continuation pilot program, and examine the impact of the 13 continuation pilot program in regard to the future establishment of 14 a statewide program. • 15 The duties of the Outreach Activities Coordinator for this continuation pilot program 16 shall consist of organizing and planning, implementations and evaluation of activities 17 based on the needs assessnients of the domiciliary residents, training andsupervising 18 students and volunteers to assist in program implementation, acting as a resource 19 person to home administrators, and developing•contacts with cothmuniekltsburces. 20 Sec. .2. There is•appropriated from the General- Fund' to the Orange 21 County Parks and Recreation Department the sum of thirty-five thousind dollars 22 ($35,000) for the 1989-90 fiscal year and the sum of thirty-five thousand dollars 23 ($35,000) for the 1990-91 fiscal year to fund the costs of personnel, equipment, and 24 evaluation needed to carry out this continued pilot program. 25 Sec. 3. The independent evaluator shall prepare an evaluation report and 26 present it to the 1991 General Assembly no later than February 1, 1991, 27 Sec. 4. This act shall become effective July 1, 1989. • Page 2 Senate Bill 312 • • 4 Through the General Assembly's allocation of $12,000 of discretionary funding, the Orange County Recreation and Parks Department has been able to employ an Outreach Activities Facilitator at 30 hours per week for nine months, ending June 30. A summary of the Activities Facilitator's accomplishments is as follows: - Publish "The Home Front" monthly newsletter to share program- ming ideas, resources and information with all Orange County home op- erators. - Co-sponsor two activities planning workshops with Department of Social Services for home operators. - Arrange for volunteers from RSVP and AARP to work in the Hills- borough Rest Home and serve as the Homes' volunteer coordinator. - Arrange for the County Historical Museum, the Botanical Gardens and other groups to conduct programs in the homes. - Target five of the 18 County domiciliary facilities for direct assistance from the Activities Facilitator from December through March. This includes designing and implementing approximately 25 group activi- ties and directly assisting with activity calendar planning and docu- mentation. - Design record-keeping system which will document residents in- terests and capabilities. An independent evaluation will be conducted during the last quarter of this fiscal year. Results derived from this evaluation will be used to make recommendation for expansion or change in the Activities Facili- tator project. _masseft. V . •_•_ - 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. (i-rl ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 3, 1989 SUBJECT: PROPOSED WATER/SEWER POLICY DEPARTMENT: PLANNING PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: PROPOSED WATER/SEWER POLICY PLANNING DIRECTOR - EXTENSION 346 SOCC 3/8/89 MINUTES PLANNING BOARD 3/6/89 MINUTES TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 04meoaed : 9-3 -fi+t ) Durham - 688-7331 PURPOSE: To consider a proposed Water/Sewer Policy for Orange County. BACKGROUND: On January 17, 1989, public hearings on the proposed Water/Sewer Policy were concluded. All comments received since the initial hearing on November 28, 1988 and January 17 were carefully reviewed by a committee composed of Commissioner Hartwell, the County Manager, the County Attorney, the County Engineer and the Planning Director. Revisions to the policy were then made to address concerns identified by citizens, advisory boards, utility providers and municipalities during the hearing process. Upon completion of the revised draft, meetings were held with representatives of the Towns of Chapel Hill, Carrboro, and Hillsborough, the Economic Development Commission and Orange Water & Sewer Authority to review the draft. Following receipt of Planning Board comments at its March 6, 1989 meeting and comments of the Board of Commissioners at its March 8, 1989 meeting, specific modifications were made to the Policy. RECOMMENDATION(S): The Manager recommends that the Board of Commissioners adopt the Water/Sewer Policy as presented. tt 2 r WATER & SEWER POLICY ORANGE COUNTY, N.C. Draft: 7-31-87 Revisions: 8-26-87 9-2-87 11-16-87 11-24-87 9-17-88 11-21-88 1-31-89 2-7-89 3-30-89 3 Table of Contents Page No. • Purpose 1 Goal 1 - Water Supply 2 A. General Policies 2 B. Watershed Protection Policies 2 Goal 2 - Sewage Disposal 4 A. General Policies 4 B. Alternative Systems Policies 4 Goal 3 -- Development Patterns 6 A. General Policies 6 B. Service Capability/Capacity/Extension Policies 6 Goal 4 - County Financial Participation 8 A. General Policies 8 B. Application Policies 8 C. Selection Policies - Projects For 9 Economic Development D. Selection Policies - Projects Serving An 9 Essential Public Service Or Correcting A Public Health Emergency E. Funding Priorities And Sources 10 F. Repayment Of County Investment 1© G. Financial Participation In Extensions Or• 11 Expansions Of County-Owned Systems Goal 5 - Access and Availability Fee Policies (RESERVED) Purpose This policy statement identifies Orange County's role in the provision of water and/or sewage disposal services for the following general purposes: 1. To correct a public health emergency; 2.. To provide service to an essential public facility; 3_ To provide for economic development opportunities; and 4. To provide bases, consistent with the Orange County Comprehensive Plan, for the extension and expansion of existing water and sewer services. This policy has been developed to be compatible with the existing goals and objectives of the Orange County Comprehensive Plan and has been organized around the following goal statements: 1. Assist in providing clean and safe water supplies to meet the needs of the residents of Orange County. 2. Assist in providing adequate and appropriate sewage disposal facilities for current and future residents. 3_ Within the County's planning jurisdiction, establish development patterns compatible with the goal of directing urban growth to areas where it is desirable and can be practically and efficiently served by water and sewer facilities. 4. Establish a basis for Orange County's financial participation in the provision of water and/or sewer services and facilities. 5.. Establish a system of fees to assist in the financing of water and/or sewer services and facilities. (RESERVED) The County's role in achieving each of the above mentioned goals is identified herein. -1- • , 5 GOAL 1 - WATER SUPPLY Assist in providing clean and safe water supplies to meet the needs of the residents of Orange County. A. General Policies 1. Orange County will assist municipalities and water providers within the county and surrounding jurisdictions in efforts to identify, protect, and develop required water supplies so that available resources are balanced with existing and projected needs on a local and regional basis. 2. Orange County's primary responsibility will be to assist in the protection and development of water resources, including the establishment of necessary organizational structures and arrangements that would operate and maintain raw water and treated water resources. 3. Water supply needs should be met consistent with the land use plans and growth management policies of Orange County, municipalities within the county, and surrounding jurisdictions; watershed protection policies; and environmental protection policies. 4. The type of water distribution facilities appropriate for an area should be identified as a function of the magnitude of present and future demand; the distribution of users; the present and potential availability of public utility services; and the capacity of the natural environment to absorb the impact. The determination of appropriate types of water distribution facilities in the County should be made in close cooperation with utility service providers, both public and private, and with municipalities. B. Watershed Protection Policies 1. Watershed protection should be given a high priority in any activity related to land use planning in Orange County. Orange County will, in those areas for which it has planning and zoning jurisdiction and authority, use this authority to designate protected watersheds in the Land Use Element of the Comprehensive Plan for the purpose of protecting those areas from environmental impacts adverse to water supply sources. 2. Local and regional watershed standards and policies should be adopted and implemented which minimize potential adverse impacts on water quality in water -2- 6 supply watersheds. 3. Orange County will support the programs of the Soil Conservation Service and Sedimentation and Erosion Control, and will participate in region- wide water quality monitoring programs. -3- GOAL 2 - SEWAGE DISPOSAL Assist in providing adequate and appropriate sewage disposal facilities for current and future residents. A. General Policies 1. Sewage disposal needs should be met in a manner consistent with the land use plans and growth management policies of Orange County, municipalities within the county, and surrounding jurisdictions; watershed protection policies; and environmental protection policies. 2. The type of sewage disposal facilities appropriate for an area should be identified as a function of the magnitude of present and future demand; the distribution of users; the present and potential availability of public utility services; and the capacity of the natural environment to absorb the impact. The determination of appropriate types of sewage disposal facilities in the County should be made in close cooperation with utility service providers, both public and private, and with municipalities. 3. On-site disposal should be encouraged in low- density and rural areas where soil conditions are acceptable. The County should establish a public education program to inform home and property owners of issues, concerns, and operation and maintenance needs associated with on-site sewage disposal systems. 4. Wastewater disposal shall be accomplished, and discharge shall be treated in compliance with all applicable local, State, and Federal laws and regulations. B. Alternative Systems Policies 1. The elimination of administrative and informational barriers to the use of safe, sanitary alternative wastewater treatment systems within the County should be encouraged. The adequate long-term operation of such system must be assured. 2. Alternative wastewater treatment systems include: a. Discharge systems such as package treatment plants which discharge into a natural water course and do not depend on the soil for treatment. b. Non-discharge systems which are used where -4- 8 pollutants found in the wastewater can be adequately removed through distribution to the soil. Non-discharge systems are generally known as ground absorption systems consisting of land application systems by spray irrigation onto the surface of the soil and variations of the conventional ground absorption system based on low pressure injection of wastewater into the soil. 3. The use of alternative wastewater treatment systems as a means of sewage disposal will be permitted consistent with local, State, and Federal laws and regulations only in the following situations: a. On land unsuitable for conventional on- site sewage disposal systems and which is not served by public sewer; or • b. On land suitable for conventional on-site sewage disposal systems and which is not served by public sewer but where, through the clustering of dwelling units, open space is preserved for providing recreation areas and/or for scenic, environmental and agricultural protection purposes. In the case of new development, such systems will be permitted only in conjunction with the approval of a Special Use Permit for property located in a zoned township or a Preliminary Subdivision Plat for property located in an unzoned township. 4. Orange County will evaluate the feasibility of establishing an inspection and monitoring program for alternative wastewater treatment systems, will explore a bonding requirement, and will explore alternative institutional arrangements for shifting the operation and maintenance of such systems into the public domain. -5- t . , 9 GOAL 3 - DEVELOPMENT PATTERNS Within the County's planning jurisdiction, establish development patterns compatible with the goal of directing urban growth to areas where it is desirable and can be practically and efficiently served by water and sewer facilities. A. General Policies 1. Public water and sewer facilities should be extended in accordance with the Land Use Element of the. Orange County Comprehensive Plan. Such facilities will be encouraged, where they are available, in the Plan's Urban and Transition areas, and will be discouraged in Rural and Agricultural areas except where their provision will enhance the rural character and provide for open space by allowing clustered development. 2. Joint planning should be developed and implemented among the County, its municipalities, surrounding jurisdictions, and utility providers responsible for water and sewer service to guide the extension of. lines in accordance with joint land use plans and water/sewer service boundary agreements. B. Service Capability/Capacity/Extension Policies 1. A water or sewer system built or extended within a Transition area as defined in the Land Use Element of the Orange County Comprehensive Plan shall be designed, sized, and constructed to the standards of the probable future public utility provider. The location and size of utility easements shall be approved by and dedicated in the form of a deed of easement to the probable future public utility provider. 2. A development project to be served by a public or private water or sewer system must be assured of installation of such service at the time it is approved. "Assured of installation" shall mean that the municipality, private association or water or sewer authority to whose system the development project is to be connected has reviewed and approved preliminary plans for proposed water and sewer lines, the adequacy of the existing system(s) to which the connection(s) will be made, the capacity of existing water and sewer treatment facilities, the carrying capacity of the discharge stream or discharge point, and the method of funding proposed extensions of water and sewer -6- . . 10 lines. The approval by the municipality, private association, or water or sewer authority shall contain a certification that service to the development project is authorized by any water management plan and discharge permit in effect at the time of approval. Following review and approval of preliminary plans as described above, the board of directors or governing board of the municipality, association or authority must have approved, through formal resolution or other agreement, the provision of water and/or sewer service to the development project. 3. Outside of Transition Areas, extensions of water or sewer systems will only occur to provide service to an essential public facility, such as a school, or to remedy a public health emergency not otherwise correctable, such as a failing septic tank or failing package treatment plant. Generally, system extensions into areas outside of Transition Areas shall be sized according to the policies of the utility providing the water or sewer service. However, system extensions into and within the Rural Buffer and Water Quality Critical Areas shall be sized to address only the concern for which the systems are extended. 4. Development projects outside the Rural Buffer portion of the Joint Planning Area and outside a Water Quality Critical Area may access water or sewer service when existing water or sewer service is contiguous to the site. However, any such development project will only be approved at densities permitted by the Orange County Zoning Atlas and consistent with the Land Use Element of the Comprehensive Plan. "Development project" refers to any place of residence, business, industry, or assembly, and any major or minor subdivision, special use or planned development which requires the approval of Orange County through administration and enforcement of the N.C. State Building Code or its Zoning and Subdivision Regulations. -7- 11 GOAL 4 - COUNTY FINANCIAL PARTICIPATION Establish a basis for Orange County's financial participation in the provision of water and/or sewer services and facilities. A. General Policies 1. Water and sewer utilities extended to a development shall be based on good engineering practice and shall be determined by the long-range plans of the utility system to which they are to be connected. Utility extensions will, be considered by the County in conjunction with assessments of potential growth and service need in the area. 2. Orange County may consider providing financial assistance for the completion of engineering studies, easement acquisition, water and sewer lines, including pipe and ancillary equipment such as water pumps, sewer pumps, valves, pump houses, fire hydrants, and water and sewer treatment plants as well as the actual construction of these facilities. 3. Orange County may hold title to any water and sewer facilities which it funds. As a basis for its financial participation in the utility system extension, the County may attach conditions limiting the use of the extension consistent with the Land Use Element of the Comprehensive Plan. B. Application Policies 1. A request for funding water and sewer utilities may be made by any individual, agency or corporation or any municipality within Orange County; provided, however, Orange County will enter into water/sewer supply and/or treatment agreements only with public bodies and/or utility providers. 2. All requests for funding shall be made to the County Manager's Office, accompanied by the required application material. The Board of Commissioners may establish funding in the annual budget for the County share of participation in water and/or sewer projects. (See Selection Policies. ) 3. Upon receiving a request for water or sewer utilities, the County Manager will gather the following information: a. A map and brief report identifying existing -8- 12 and anticipated areas of development that could be served by the requested water or sewer facilities. b. Approximate additional cost of installing utilities necessary to serve existing and potential development in the area of the proposed project. C. Signed statement of the water or sewer service provider to whose system the requested utilities will be connected, stating its willingness and ability to serve the proposed project as well as other anticipated development in the area allowed by the Land Use Element of the Comprehensive Plan. The statement should demonstrate that the type of water or sewer facilities proposed are appropriate for an area in relation to the magnitude of present and future demand; the distribution of users; the present and potential availability of utility services; and the capacity of the natural environment to absorb the impact. C. Selection Policies - Projects for Economic Development Water and/or sewer projects to be funded will be selected using the following criteria: . 1. The project must be assured of having the proper zoning at the proposed site; and 2. The project must improve job opportunities available to Orange County citizens, especially for women and minorities; and 3. The project must provide jobs with wage scales in compliance with Orange County standards adopted from time-to-time; and 4. The project must have a positive fiscal impact upon Orange County government (The cost of services to be provided by Orange County to the project must be less than the local taxes and other revenues paid to the County generated by the project. ) . A fiscal impact analysis shall be prepared by the applicant and verified by Orange County and using a model provided by Orange County. D. Selection Policies - Projects Serving An Essential Public Facility Or Correcting A Public Health Emergency -9- 13 Water and/or sewer projects to be funded will be selected using the following criteria: 1. The project must be assured of having the proper zoning at the proposed site; and 2. If a project is to correct a public health emergency, the condition cannot be corrected without water or sewer service. E. Funding Priorities and Sources 1. Where a project is approved, but funding is not immediately available, it will be placed on a funding waiting list. Funding approval by Orange County pursuant to this policy is not a guarantee that Orange County will fund the project to any extent. It is only a statement by the County that the project, if funded, will be funded according to a funding waiting list. 2. Water and/or sewer facilities and/or extensions may be financed by the following means: a. County revolving fund; b. State/Federal grants and loans; and/or c. County General Fund and Enterprise Fund contributions. (Includes both capital and operating funds) General Fund contributions, both capital and operating, will be used only if funding cannot be obtained from other sources. F. Repayment of County Investment 1. All funds received from the operation of a County-owned system shall be paid into an Enterprise Fund. For the purposes of this policy, an Enterprise Fund is defined as a fund used to account for operations that are intended to be self-supporting through charges to users of the services provided or where the determination of net income is an important factor. In all cases where the County's investment is dependent on an agreement that the County be repaid all or a portion of its investment, funds received shall be aid into a Capital Reserve Fund. All P P "pay-backs" shall include interest at the rate charged for assessments under N.C. General Statute 153A-185 or, in the event that the County borrows -10- • 14 money for the extension, at the rate paid by the County on the debt. G. Financial Participation in Extensions/Expansions of County-Owned Systems 1. Orange County's financial participation for approved projects which are extensions/expansions to an existing County-owned system shall be limited to those extensions/expansions where projected revenues from the extensions equal or exceed the projected operating costs plus the total debt service of the extensions by the end of the fifth year after the project is completed. GOAL S - ACCESS AND AVAILABILITY FEE POLICIES (RESERVED) -11- • . . .. _ - . , .• • • V II - . • , •. . . • _ . .. . • -- .. , next five years. 1!!!!!!!". . . . .. • .. ..... -•••. •-.---:-..,-4..-••-:-.-..1. ... ..-.7...-.., •• •••• • . -. --• . • 15 ... _. . . .. BOCC 3/13/89.•';:fiiiltr.. -1:1-.:',,-7 ..,:-'.":::.- -- • -: • :• . ' - • : • -* -.- ' • . ... . . .. .. . . . . . •••• .. . - .. - . . • . . . . . .. . ..- ' -*.: 2 - Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to 3 approve purchasing one McDonnell Douglas 9250 Minicomputer System and one PRIME 4050 4 Supermini computer system as specified on the proposal attached to these minutes for a 5 sum not to exceed $274,635. 6 VOTE: UNANIMOUS. 7 ' 8 3. CONSULTANT CONTRACT FOR COMPREHENSIVE TRANSPORTATION PLAN (A. copy of this 9 contract.is in the permanent agenda file in the Clerk's Office). 10 Planning Director Marvin Collins presented for consideration of approval a 11 contract with Kimley-Horn, Inc. for professional consultant services in the 12 preparation of a Comprehensive Transportation Plan for Orange County. The contract 13 outlinesithe scope of work and responsibilities of each party. There are two phases to 14 the project with the first phase costing $35,500 which is currently in the budget and 15 the second phase costing $40,000 which will be requested in the 89-90 budget. He 16 explained the issues which will be addressed for each phase. ' • , - • 17 -:- ' : Commissioner Hartwell questioned the cost and'the amount of work that will be 18 • performed by the County staff... Collins explained the specifics in standards and . .. 19.. classifications that would be covered in the broad scope of work'that willbe. ••,.. • . . 20. . performed ty County staff and by the consultants. „ ' .... ' . .'.. . . . 2 , Commissioner Halkiotis questioned if the study would provtde standards for .....- • . 22-.1. secondary roads and hoW,this would fit in with the overall plan. Mx. Misnef with -. f 23 Kimley-Horn explained how secondary roads would be addressed in the study. Scenic .. 24' . roads were discussed, . . . - - • • • • . - - • In answer to a question from Commissioner Willhoit, Collins stated that DOT .., • :- - 26.o...will be the lead agency in preparing the Orange County Thoroughfare Plan... Kimley-Horn-.: -... 27... Will helpithe County review the plan and identify problem areas. They will'also help ''..?.:. 28.:': the County develop a more county specific road classification system which will be .... :. . 25.%.:. more responsive to what the citizens want. Be explained that'all roads tie in to ond....:: ..- 30 :': another so it would be difficult for the County to adopt a thoroughfare plan without :::- . • 31 :. knowing how the Hillsborough, or Chapel Hill or Carrborm thoroughfare plans fits in - .-%=.... 7... . 32-.'-with the-overall -plat for the'County. Kimley-Horn will help the County. in_this'. • '-' - - - .----,:-.:. 3311effort......Collins_ continued_ to-clarity what kind of specific information the' studyi ----- 34 .ii6uldproVide the County. 35 Commissioner Halkiotis asked that the document be written so that it can be 36 understood by all the citizens in Orange County. . 37 Motion was made by Commissioner Willhoit, seconded by Chairman Carey to 38 approve and authorize the Chair to sign the contract with Kimley-Horn, Inc. including 39 the scope of services for both Phase I and Phase II as described in Exhibit A of the 40 contract.at a, cost of $35,500 for Phase I with contract approval subject to contract 41 revisions acceptable to County Attorney. • 42 VOTE: UNANIMOUS. • . . • - . . . 43 - • . . . 44 . ... • 4. .1989 JOINT PLANNING PUBLIC HEARING SCHEDULE • . ' • 45 .. . . .Motion was made by Commissioner Hartwell, seconded by Commissioner Willhoit to 46- : approve the date of April 6, 1989 for a Joint Planning Area Public Bearing. 4,._.VOTE: •. UNANIMOUS. . . . . . . . . . 48 •:: ...:::. • - . . . . . 5. . WATER/SEWER POLICY . • • . • . • 50:::,.. .,%_. This item was presented for Board comments. John Link noted that many of the 5.1. comments received from the various jurisdictions have been included in the draft.The 5,2.:;fdiaft:hiS been shared with the various groups and everyone is pleased with the overall' . 53'L-f-..d.00*Sdni_ •7747 :-4--•'' '''';''' Co ' " 54...„,:n..„,„4„....„,Commissioner Halkiotis questioned 2-B1 on page four of the document which 55:..2,,.:"I'..114.1F,Y,,,...17.1::71,...•., •• • . . 56....-,p7t•--":1:tfr41::•5!;:•.'*:'-: : • .• ....,:t:..: --...... --'• . . -• ,1 :.;,,,..viiiiiii,7,15,•`--,;47.%,-;,.:._ •, : . . . . . • - . - • .: . 58....;.m4q4r- q:4.-.=!'-----: . • . . .,... ..---......t.f:._ ... .. . ....._......_ ..... . • • . _ - .. . ,w. _ _. ._. -- -..-.,..:.:«•L.,►. :•....riJr..+:e•..f'�Sia.`✓::h.::+er�tsw::> -1 •states "administrative and informational barriers". ' Link clarified that what this is 2 saying is that when a site is not acceptable for a septic tank, information will be 3 provided to that individual on what other type of systems- that-•may be acceptable. -.-' • 4 Commissioner Hartwell suggested that the first line of the last paragraph of 5 2-B3 be changed to read "In the case of new development, such systems will be • 6 permitted only in conjunction with the approval of a Special Use Permit for property 7 located in a zoned township or a Preliminary Subdivision Plat for property located in 8 an unzoned township." . . 9 Commissioners Hartwell and Marshall questioned item 3-Al with regards to 10 public water and sewer facilities and stated that a phrase needs to be added i1 indicating that these facilities will be encouraged where they are available. 12 The Board directed the administration to proceed with the final draft of this 13 document°which will be presented to the Board for adoption on April 3, 1989. - 14 . . . 15 ADDED ITEMS, 16 .n. - • -- . 17 ' A, MARCH 20 ,• 1989 MEETING WITH THE TOWN OF HILLSBOROUGH••-', • 18 7. MARCH 29 1989 MEETING WITH CHATHAM COUNTY__ . • 19 Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis 20 :: to approve March 20, 1989 at 7:00 p.m. in District Courtroom for a meeting with the' • • 21 •Town of Hillsborough for the purpose of discussing items of mutual concern and March . . 22 29, 1989 at ,7:30 p.m. at Culbreath Junior High for a meeting with Chatham County on • 23 ' the bounl3ary line. • . . 24 •VOTE • UNANIMOUS. •• = - •' 25, ' ' : 26 ii. 'APPOINTMENTS -'- - :.•28 ' 1. RURAL CHARACTER STUDY COMMITTEE • . . . ._�>..,: - - - 29 - , „•' _ ...The Board asked that George Chockley, Dwight. Compton,--Larry Reid and Bob • . •• : .... . 30 Strayhorn be contacted to ascertain their interest in serving on this Committee. • '• '. .- .-. -•52..,-. .-. 2. -GENERAL APPOINTMENTS - No appointments were made__...'_.:-..... .;_•-• ' : :...•• :.. •. • 33 34 I. ADJOURNMENT- . .•' .•. 35 With no further items to come before the Board, Chairman Moses Carey adjourned the .., . 36 meeting. The next regular meeting will be held on March 21, 1989 'at 7:30 p.m. in the.- . . _ . 37 Courtroom of the old Post' Office, Chapel Hill, North Carolina.. ' 38 ' 39 -Moses Carey, Jr. , Chair - .4o Beverly A. Blythe; Clerk. . • • .. . 41 . 42 - . 43 . 44 45 . • - - 46 : • ' 4? • . - - 48 ' • 149 - . 50 _ .. .. 51, • • 52 - 53 . . 5 - - . ---- • PLANNING BOARD 3/6/89 MINUTES 17 . denying the property owner any reasonable use of their property. Requiring a 100-foot buffer does not mean the owner is denied use of that property for residential purposes such as a yard area. However, no structures could be placed in the buffer. Jacobs noted that the County Attorney was asked at the public hearing if the buffer constituted a "taking" and he reserved judgment. Jacobs asked if that legal opinion would be available to the Planning Board prior to its voting on the issue. Collins responded that he would contact Mr. Gledhill and ask for this information. Eddleman asked if this was the first instance where an attempt was made to require a buffer other than within the Subdivision Regulations. The response was that there are buffer requirements in the Zoning Ordinance, the MTC Corridor and the Umstead State Park. Eddlerdan continued noting that he felt the maximum impact to adjacent property owners was created when development roadways run right down the property lines. Jacobs noted that these items would be reviewed at the next Planning Board meeting for recommendation to the Board of Commissioners. AGENDA ITEM #7: REPORT - WATER/SEWER POLICY Collins began the presentation noting that the revisions to the Water/Sewer Policy were made by a committee comprised of Commissioner Hartwell, the County Attorney, the County Manager, the County Engineer and himself. He stated that the committee had attempted to take all the comments received at the public hearings including those from utility providers, municipalities and advisory boards such as the EDC which have an interest in the Water/Sewer Policy. He felt the policy is more simplified, more to the point but still retains the intent that was encompassed in the last draft of the policy. Collins continued reviewing the major changes in the policy. Goal 3, previously urban development and now development patterns, are small changes provided to indicate an interest not only in urban development patterns but rural development patterns as well. This particular goal section is one that has been condensed a great deal. The sub-section Service Capability/Capacity/Extension Policies combines 18 several subsections into one. This indicates that public water/sewer extensions are being encouraged into urban areas and also their transition areas as they are identified in the Land Use Plan. Outside of those transition areas, extension of water and sewer will be permitted to serve only two basic situations; for a public facility such as a school and to remedy a public health emergency such as a subdivision with failing septic systems and/or wells. If either of those situations are located in the Rural Buffer of the Joint Planning Area or they are located in a Water Quality Critical Area, the extensions would be sized to serve the particular situation, not additional development. Outside the Rural Buffer and outside the WQCA, the lines can be sized according to the utility policies of the utility provider. The control kept in the policy for this is if the line goes in, tap-ons can be made but development must occur at densities that prevail according to the Land Use Plan and zoning designations. Goal 2 addresses sewage disposal and the most critical subsection of this goal is Alternative Systems Policies. General reference has been made to local, state and federal regulations without trying to identify them. Thus, alternative systems will be considered as a means of sewage disposal only in certain situations: (1) the land is unsuitable for conventional on-site sewage disposal and is not served by public sewer; (2) we are trying to accomplish through clustering, certain open space or recreational goals. An alternative system would be beneficial in the sense that it would create a lot of open space. Such systems would only be permitted after the approval of a Special Use Permit in a zoned township or a preliminary subdivision • plat in an unzoned township. The desire is not to rely on Homeowners' Associations to maintain such facilities. The County Manager wants to recognize that there are other alternatives to individual systems such as a community alternative wastewater treatment system; whether it is a spray irrigation system or a low- pressure system or even another type system. The desire is for the Health Department to be able to tell citizens with unsuitable soils for an individual septic system that there are some possible alternative solutions to his problem. Jacobs noted that part of the problem had been contradictory statements between this policy and the Land Use Plan. Jacobs continued that Mr. Kendig, • consultant for the Rural Character Study, was very much in favor of alternative systems. Also, one of the functions of the County Engineer is to establish an inspection and monitoring program for alternative systems. Goal 4 is a combination of the previous 4 & 5 which were County involvement and financial participation. Repetitions and contradictions have been removed. Number 3 under General Policies in the previous draft stated that Orange County "shall hold title to any water and sewer facilities. . . " By the County holding title, it would be in control of tap-ons. The reason for changing to "may hold title" is that there may be certain situations where the County does not wish to hold title to a particular line. The utility provider may say that they would allow connection to their system but only if they hold title to the lines. The County may say it wants to hold title but the utility provider may say absolutely not. The County would then be in a dilemma of trying to correct a public health emergency and having to give the utility provided right to hold title in order to correct the emergency. Collins continued that some providers were adamant about holding title and that is not • always possible. In the case of the Efland Sewer Project, Farmers Home said that the County had to own title until the loan was repaid. That was a situation where the County could not give title to the provider. The phrase "may hold" provides flexibility and the statement has been added "may attach conditions limiting the use of the extension consistent with the Land Use Element of the Comprehensive Plan" . In essence, we are trying to say if we give up the title then we are in the position of being able to negotiate from the financial standpoint conditions which may limit the use of that line. Jacobs asked "When would we ever not want the extension to be consistent with the Land Use Element of the Land Use Plan?" Collins responded that the only thing that comes to mind is a public health emergency. If you have a subdivision where the only recourse is to extend public sewer, and by extending that sewer you are doing something that is not consistent with the Land Use Plan, then you still have to take care of the public health emergency. Jacobs continued "I think the first sentence sounds a little bit like, not that there is a problem with this, like a response to the problems that some of the municipalities had with the water/sewer policy, 20 that they were afraid that the County was declaring • itself in the water/sewer business. So by putting in may, that's to point out that "it ain't necessarily so" . Collins responded, that's part of it. Jacobs continued "may in the first sentence makes sense. In the second sentence it seems to me that, if the only exception is public health emergencies, that it should say that 'as a basis for its financial participation in the utility system extension, except in cases of public health emergencies, the County shall attach conditions' . That seems to be even more basic to the whole issue of why we wanted to hold title is to insure that the extensions were consistent with the plan. If we give up title, then we have obviously given up any future recourse other than any conditions that were attached that make sure that it is consistent with the Comprehensive Plan. Collins responded "I understand your point. I think one of the things that I would say in response to that is during this process of revising the policy, one of the things that the County Attorney pointed out is that if this is approved by the Commissioners, that's all it is, is a policy. In order to put the policy into effect what we need to do is come back with ordinance amendments to implement it. One of the things that we would seek to address in terms of those ordinance amendments, to get back to the preceding section on development patterns, is looking at strengthening the concept of public water and sewer in transition areas and to extend outside could do so with these stipulations. Once the ordinance is on the books, I think it gives the County the control it needs to provide for extensions consistent with the Plan. I don't know that changing that second 'may' to shall is necessary if we follow through with implementing the ordinances. Again, it may be that we simply do not want to attach conditions or it's not even necessary because of the ordinance controls. By putting 'shall' in there, we lock ourselves in to having to set conditions on each and every extension that we might be financially involved in. And, again, the question is one of flexibility not only for us but for the others as well. " Jacobs asked "Are you going to give a report to the Commissioners? Is it on their agenda?" Collins responded "it is on the agenda. What we are seeking to do is to get their comments. This revised draft has been reviewed with MC, Town of Chapel Hill, Town of Carrboro, Town of Hillsborough and. OWASA and comments have been received from all of them; They have all been pretty pleased but they still have some concern but as related to what we had before, 42. 21 they are really minor. We are seeking to get your • comments tonight, take it to the Commissioners Wednesday night and get their comments and then we are going to go through one more revision and bring it back to the Commissioners on the 21 for a decision. If you want to provide a comment to the effect to use 'shall' we will be glad to incorporated that with all the others. " Jacobs responded "So this is the last opportunity for the Planning Board to see this before the Commissioners make a decision. " Collins responded yes. Jacobs said "Yes, I think that, at least for me, I'd like that brought to their attention. It seems to me, 1 understand and I can agree with everything you said, I think it is important to build in flexibility but despite our best intentions, we have no guarantees that we will get the ordinances in place, nor do we know that future Commissioners will take the time to think about making extensions consistent with the plan. I think that requiring them to do so will, at least, make certain that there is sufficient forethought built in so that the concerns that originally brought this to our attention will be addressed. Pilkey asked about the Town of Hillsborough's comments. Collins responded that they expressed concern about the concept of limiting public water and sewer to transition areas and if extensions are allowed, particularly in the Rural Buffer or WQCA's the limitation of size. They felt it should be consistent with the line size of the utility provider and felt that the County was indeed trying to get into the water/sewer business. He noted that a lot of the issues raised by the Town of Hillsborough involved on-going issues such as the reservoir and reservoir site rather than the Water/Sewer Policy. Yuhasz asked .'"If you were going to run a line into a WQCA, would you limit the size at the border of that district or would you size it for possible future use up to the border of WQCA and then limit beyond that or would you limit the entire run of the line? How would this policy address that?" Collins responded, "the school site is probably the best example. If you ran a line down NC 86, that line could be sized according to the utility provider's standards up to the Rural Buffer; once inside, it would have to be sized only to meet the need. There is a policy issue that needs to be resolved. The Efland project can be used as an example where we were going into the WQCA to correct a situation and 22 going through to serve an area beyond that district. The question of how to deal with such situations has arisen several times; if you have to size the line going to the WQCA in order to serve the needs beyond it, it doesn't seem to be consistent with the policy as it is worded. I think that is one of the things we still need to address because it's not really clear on how to address that type situation. We at least recognize extensions through the Rural Buffer to serve in the area beyond or through the WQCA to serve an area beyond and what happens in the case of the school where you run several miles out the road and the last 800 to 1000 feet happens to be Rural Buffer. The issue could be avoided by skirting around it but if you go the straightest and shortest route down NC 86 and there is a change at that line and you down-size it, how can you down- size it if you have to pump it two miles back up the road; so there are still "gray areas" . Jacobs asked about a meeting between the County Commissioners and the Town of Hillsborough. Collins responded that it is scheduled for March 20. The things to be discussed are the reservoir and growth management. There is another meeting scheduled for March 30 for the discussion of impact tax on development. Best expressed concern that the requirement of a Special Use Permit for alternative systems does not apply in unzoned townships, it is handled through the Subdivision Regulations. Jacobs asked that verbatim comments be forwarded to the Commissioners. REPORT - AIRPORT STUDY COMMITTEE Collins presented information regarding a calendar of meetings associated with and the Planning Board's involvement in the proposed Orange County general aviation airport project (copy of the abstract an attachment to these minutes on pages ) . He also presented a- memorandum from Pam Jones, Purchasing Director, (attachment on page explaining the lack of a citizens advisory group regarding the airport project due to the timeframe involved. Collins indicated he felt there are sufficient meetings scheduled to allow opportunity for recommendations even though there is not sufficient time to form a citizens advisory committee. Jacobs asked for an explanation regarding the time ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda /tea No. &-3 ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 3, 1989 SUBJECT: SELECTION FOR RESERVOIR SITE DEPARTMENT: COUNTY MANAGER PUBLIC BEARING YES: NO: X ATTACHMENT(S): INFORMATION CONTACT: MANAGER'S OFFICE X501 TELEPHONE - Hillsborough - 732-8181 Chapel Rill - 968-4501 1 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To discuss the timetable for selecting a reservoir site. BACKGROUND: At the December 20, 1988 County Commissioners meeting, a preliminary report on the Development of Water Resources and a Comprehensive Utility Management Agreement was presented to the Board for consideration. The Board endorsed the concepts outlined in the report including a proposed timetable that would have a reservoir completed by June, 1996. In that proposed timetable, the site determination for the reservoir needed to occur by April 1 , 1989. The Public. Hearing on reservoir site selection was held on January 30, 1989. R ATION(S): The Manager recommends that the Board indicate if staff needs to provide any further information prior to Board determination of reservoir site selection. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 1989 SUBJECT: Board of Equalization & Review DEPARTMENT: PUBLIC HEARING: Yes X No Assessor ATTACHMENT(S) : • • INFORMATION CONTACT: Kermit Lloyd, X424 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 • PURPOSE: To determine schedule for Board of Equalization and Review. • • BACKGROUND: In accordance with G.S. 105-322, the Board of County Commissioners must approve a schedule of meetings for the Board of Equalization and. Review so that the Schedule can be published at least 10 days prior to the first meeting. RECOMMENDATIONS: At this time, request for appeals indicate a small agenda. Recommendations are as follows: 1. The first meeting be Monday, April 1, at 7:25 p.m. (just prior to the regular commissioner's meeting). for the purpose of.taking the oath of office, and adjourn. 2. A meeting be scheduled for sometime in mid May to hear appeals. (Approximately 2 hours) ' 3. A final meeting be scheduled just prior to the regular commissioner's meeting the 1st Monday in June to approve the minutes of prior meetings and adjourn for 1989. • -r? QUESTIONS CHRIS BEST ASKED THE BOARD OF COMMISSIONERS AT THEIR MEETING HELD ON APRIL 3, 1989 1. For the Commissioners that have publicly endorsed the Seven Mile Creek site where do you think the two task forces and the Hazen & Sawyer reports that cost the county approximately $50,000 misjudged the data when they endorsed the McGowan Creek site. 2. Discuss the interpretations of the merits of the different sites first by clarifying the specifics of the two proposed sites being looked at. ie - instream flow, M6D, total storage capacity, net cost per gallon, site elevations - which tables apply? 3. Discuss the very different degrees of hydrologic risk involved with each site. From an engineering standpoint, the drought risks during the estimated safe yield for the two sites is quite different. (20 year safe yield) 4. There is a water quality issue paper by the USGS entitled "Effects of High Runoff on Instream Flow and Water Quality in the Seven Mile Creek Basin". Have the Commissioners seen this and discussed it? 5. Discuss the cost difference in gallons produced. Some figures show as much as .50/gallon difference and more than one million dollars between the two sites. 6. Discuss the preservation issue involving historic structures on both sites and the sugar maple bottom on the Seven Mile Creek site. • ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. /1 ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 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 recommendations are presented for consideration of appointment: ARTS COMMISSION: Reappoint Joan Cohen, Edna H. Gambling, Jeanne Phillips and Vivian Walker to three-year terms ending February, 1992. Linda Smith Fields will be appointed to a one-term. Roland Buchanan, Rebecca Carnes, Elon G. Eidenier and Edgar Marston terms will be extended to February, 1990. These rearrangements are necessitated by a change in the bylaws from 3 two-year terms to the standard 2 three-year terms and the attempt to have one-third of the commission up for reappointment each year. The members have agreeded to this proposal. CITIZENS ADVISORY BOARD ON AGING: Appoint Norm Gustaveson to fill the vacancy created by the death of Annie Fuller. The appointment will run until June, 1991, at which time he will be eligible for two three-year appointments. HUMAN RELATIONS COMMISSION: Three resumes were sent to the Town of Hillsborough following their request for suggestions in filling two long- standing Hillsborough vacancies on this commission. Per the attached letter, Hillsborough has deferred to you the choice of 2 in-town appointees. Appointees term of service will end November 30, 1992. Four other vacancies exist. RECOMMENDATION(S) : As the Board decides.